11-12-12 Common Council Meeting Minutes

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REGULAR MEETING NOVEMBER 12, 2012 BILL NO. 38-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA, 46619, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. David Varner made a motion to continue this bill until the November 26, 2012 meeting of the Council. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 48-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420 US 31 S. SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT #6 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF2 Single Family and Two Family District to LB Local Business District to allow a gift shop; and three variances from the development standards On site is a vacant single family home. To the north are single family homes zoned SF1 Single Family and Two Family District. To the east is the remainder of this property zoned R Single Family District in the County. To the south is a single family home and the Southlawn Cemetery zoned SF1 single Family and Two Family District. To the west, across U.S. 31, is a single family home zoned R Single Family District in the county, and a multi-tenant office building zoned LB Local Business District in the City. The “LB” Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the “LB” Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The area to be rezoned is approximately 0.5 acres. There is an existing 1,000 square foot house and a 600 square foot garage. Buildings cover 7% of the site. A new driveway and five parking spaces will be installed to the north of the house, covering 14% of the site. The current driveway will be relocated. This site was annexed to the City in 1998. In, 2005, the property to the southwest was annexed and rezoned LB to allow professional office or retail use. U.S. 31 is a four lane highway. The relocation of U.S. 31 will eventually leave this portion as a local street. Public sewer and water is available, but the site will continue to be served by a private well and septic system, until the septic system needs replacement. Community and Economic Development supports the relocation of an existing business. The County Health Department recommends approval. The City Engineer recommended the driveway opening be widened to 24’. INDOT will have to approve the new driveway opening. This is a combined public hearing, which includes a rezoning and three variances. The Commission will forward the rezoning to the Council with or without a recommendation, and either approve or deny the variances. The petitioner is also seeking the following 3 variances: 1. from the required front setback of 30’ to 21’. 2. from the required Side Residential Bufferyard setback of 20’ to 15’ on the north to allow parking; and 3. from the required Rear Residential Bufferyard landscaping on the east to none. State statutes and the South Bend Zoning Ordinance require that certain standards must be me before a variance can be approved. These standards were made a part of the Staff Report. No commitments are proposed. Ms. Nayder stated that City Plan, South Bend’s Comprehensive Plan Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The Future Land Use Map identifies 2