12-08-03 Council Meeting Minutes

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REGULAR MEETING DECEMBER 8, 2003 operations could conceivably be operated and maintained in a manner in which they could co- exist. It would be best if they could co -exist in a workable manner. Councilmember Varner noted that he would still like to see the residents and Hurwich find a resolution but if that is not possible it is clear where this is going and the only thing that is going to change from what is happening now is there will not be shredding of mulch. Councilmember Kelly made a motion for unfavorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember King noted that earlier this afternoon when Mr. Mike Danch addressed the Zoning and Annexation Committee he requested the opportunity to speak if this Petition received an unfavorable recommendation. Mr. Danch stated that based on the action of the Council at this time, he asked that Bill No. 03 -121, which is a Resolution for a Special Exception, be withdrawn. Councilmember Varner made a motion to withdraw Bill No. 03 -121 from consideration at the request of the Petitioner. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 82 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BENDIX DRIVE & CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, 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. Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Mr. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow a pharmacy facility with a drive -up window. The property contains vacant land. Located to the north is a church zoned `B" Residential, "A" Height and Area and a funeral home zoned "C" Commercial, "A" Height and Area. To the south is a bank zoned "C" Commercial, "A" Height and Area. To the east are commercial uses, a fast food restaurant, a credit union and an office zoned "C" Commercial, "A" Height and Area. To the west is a fire station zoned `B" Residential, "A" Height and Area. Access to site is from Cleveland Road and Bendix Drive. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is 2.66 acres. Of that, the buildings will occupy 13.4 per cent of the site, parking and drives will occupy 70.7 per cent of the site and open space will occupy the remaining 15.9 per cent of the site. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. A drainage plan is required at the final site plan stage. Additionally, the Area Plan Commission, at its Public Hearing held on November 18, 2003 sent this petition to the Common Council with an favorable recommendation. In preparing the rezoning map that will accompany the new zoning ordinance, the Area Plan Commission has recommended that this property as well as the commercial areas around it be zoned "CB" Community Business. The "CB" District will require higher development standards, both in terms of landscaping and building materials. -14-