11-26-12 Common Council Meeting Minutes

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REGULAR MEETING NOVEMBER 26, 2012 the ballot, but of course the elections have implications for the City of South Bend. It might be st interesting to know that Senator elect Joe Donnelly is the 1 Senator from the South Bend area in over 100 years. It was 1909 when we last sent somebody to the United States Senate. He stated that he is looking forward to continuing a good relationship with him. He stated that there is a lot for us to watch in terms of the State Legislature and the Governor’s office as well as the U.S. House and so he has reached out to everybody they can in each of those bodies and want to be in communication with the Council as things come across in the United States Congress and in the State Legislature that may affect our ability to meet our goals and in particular he hoped that the Council reaches out to him anytime that he can be helpful in advocating the State House for policies and decisions that are going to benefit the community. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:30 p.m. Councilmember Oliver J. Davis made a motion to resolve into the Committee of the Whole. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) 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. 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 Dieter made a motion to consider the substitute version of this bill as on file with the Office of the City Clerk. Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported that this committee met on this bill and sends it to the full Council with no 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 MU Mixed Use District to LB Local Business District; a Special Exception Use to allow a gasoline service station; and eleven variances to allow a convenience store with a gasoline service station facility. On site is an existing convenience store and a single family home. To the north across the alley are single family homes and a church zoned SF2 Single Family and Two Family District. To the east is a vacant house with a business front zoned MU Mixed Use District, and a body shop zoned LB Local Business District. To the south, across Western Avenue, is a parking lot zoned LB Local Business District. To the southwest is a vacant commercial business zoned MU Mixed Use District. To the west is a convenience store zone LB Local Business District. 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 total area of the two lots is approximately ¼ of an acre. There is an existing 1,733 square foot convenience store building covering 17% of the site. Gasoline pumps and nine parking spaces are proposed, covering 73% of the site. The property at the northeast corner of Western and 3