06-09-03 Council Meeting Minutes

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REGULAR MEETING JUNE 9, 2003 As a point of order, Council Attorney Kathleen Cekanski - Farrand, advised that this bill is scheduled for Third Reading on June 23, 2003. Therefore, Councilmember Coleman made a motion that Third Reading of this bill be held on June 23, 2003. Council President White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 28 -03 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3524 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski advised that his accounting firm represents P &H Holdings, LLC and therefore he will be recusing himself from voting on this matter due to a conflict of interest. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the Council with a favorable recommendation. 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 `B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow office uses and a drive through claims garage. The property contains an office. Located to the north is land zoned `B" Residential, "A" Height and Area, containing mixed use and single family structures. To the east is land zoned "C" Commercial, "E" Height and Area, containing mixed use and commercial structures. To the south is land zoned "A" Residential, "A" Height and Area, containing single family dwellings. To the west is land zoned "A" Residential, "A" Height and Area, and `B" Residential, "A" Height and Area, containing single family homes. Access to the site is from the east from 36th Street and from the south from the adjacent alley. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is seven thousand four hundred fifty -one (7,451) square feet. Of that, the buildings will occupy twenty -nine per cent (29 %) of the site; the parking and drives will occupy thirty -one per cent (31 %) of the site and forty per cent (40 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands, or flood hazard areas are present. The Logan Dump Site is located nearby at Logan Street and the St. Joseph River. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. The Area Plan Commission, at its Public Hearing held on May 20, 2003, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The site plan shows adequate buffering to adjacent properties and is located close to other commercially zoned properties on Mishawaka Avenue. Ms. Patricia Geisler Hoffinan, no address given, made the presentation for this bill. 1, M