11-12-12 Council Agenda & Packet

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I JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIO,ZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY--CfTY BLDG. SOUTH BEND,INDIANA 46601 (574) 235-9571 September 19,2012 The Honorable Council of the City of South Bend 00 4th Floor,County-City Building South Bend,IN 46601 RE: A proposed ordinance of Parwinder Kaur&Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District,property located at 3529 and 3527 Western Avenue,City of South Bend -APC#2645-12 Dear Council Members: I hereby Certify that the above referenced ordinance of Parwinder Kaur&Singh Harjinder and Barbara Dockery was legally advertised on Thursday, September 6,2012 and that the Area Plan Commission at its public hearing on Tuesday, September 18,2012 took the following action: Upon a motion by Karl King,being seconded by John McNamara and unanimously carried, the proposed ordinance of Parwinder Kaur,Singh Harjinder and Barbara Dockery to zone from MU Mixed Use District to LB Local Business District,property located at 3529 and 3527 Western Avenue,City of South Bend is sent to the Common Council with a favorable recommendation. Western Avenue is a major east/west traffic corridor,with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. The proposed ordinance of Parwinder Kaur,Singh Harjinder and Barbara Dockery for a Special Exception Use for a gasoline service station on property located at 3527 and 3529 Western Avenue,City of South Bend, is sent to the Common Council with a favorable recommendation. The,Special Exception Use meets the standards for approval of a Special Exception Use in that new curbing and sidewalks will support public safety;the expansion of an existing business should not affect the adjacent property values;the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses,and that City Plan objectives arc being met in providing for a range of mixed uses. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, hn W. Byomi 4 Attachment CC: Parwinder Kaur&Singh Harjinder Barbara Dockery Danch,Harper&Associates SERVING:ST,)OSEPH COUNTY.SOUTH BEND,LAKEVILLE.NEW CARLISLE,NORTH LIBERTY.OSCEOLA& ROSELAND www.stioseph cou ntyind i a na.conl/Ai°eaplan