12-10-12 Common Council Meeting Minutes

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REGULAR MEETING DECEMBER 10, 2012 RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:22 p.m. Councilmember Scott made a motion to resolve into the Committee of the Whole. Councilmember Oliver Davis seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White, Chairperson, presiding. Councilmember White, explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 60-12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO.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 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 GI General Industrial District to GB General Business District to allow a kennel with outdoor runs, and three variances from the development standards. On site is an existing industrial building. To the north is Silverline Molds zoned GI General Industrial District. To the east is Kodiak Range zoned GI General Industrial District. To the south is Michiana Restoration and City Awning zoned GI General Industrial District. To the west is All Secure Self Storage zoned GI General Industrial District. The “GB” General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. The total area is 1.24 acres. There is an existing 12,000 square foot building covering 22% of the site. There are 15 parking spaces, ten to the north of the building and five to the south. The northeast corner of the site will be fenced. Access is from Burnett drive on the south and west. In 1974, this area was rezoned to heavy industrial. Burnett Drive is a two lane road with access to Ireland Road. The site will be served by public water and public sewer. The Department of Community and Economic Development gave a favorable recommendation. The City Engineer had no comments. Since the western quarter of the site if located in a floodplain, the Indiana Department of Natural Resources requires written approval for any type of construction, excavation, or filling in or on a floodway. 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 City Comprehensive Plan encourages reuse of abandoned and underutilized land and structures. The future land use map identifies this area as Heavy Industrial. There are no other plans in effect for this area. This area is an established Industrial park, with a mix of uses like storage, truck terminal, contractors and medical support businesses. The most desirable use is one that can blend into the existing industrial park. Due to the mixed use character of the industrial park, surrounding property values should not be affected. It is responsible development and growth to allow compatible businesses to move into an established mixed use industrial park. Based on information available prior to the public hearing the staff recommends that the petition be sent to the Common Council with a favorable recommendation and that the three variances be approved, as submitted. The rezoning to GB General Industrial District will allow the site to host 2