07-28-03 Council Meeting Minutes

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REGULAR MEETING JULY 28, 2003 to present this bill to the full Council with a favorable recommendation. Mr. Jeff Myers, Staff Member, Area Plan Commission, 11th Floor County -City Building, South Bend, Indiana, residing at 1805 Hickory Road, South Bend, Indiana, made the presentation for this bill. Mr. Myers advised that the Petitioner is requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow gasoline dispensing and a related facility. The property currently contains a vacant office building. Located to the north is multi- family zoned "R" Residential in the County; to the south and west is a shopping center zoned "C" Commercial, "A" Height and Area in the City of South Bend; to the east are single family homes zoned "R" Residential, an office zoned `B" Business and a video store zoned "C" Commercial and "B" Business all of which are in the County. Access to the site is from the north off of Dunn Road and from the south through the existing parking lot. Water and sewer are available to the site. The drainage has not been addressed by the Petitioner. The total site to be rezoned is thirty -four thousand two hundred fifty -eight (34,258) square feet. Of that, the buildings will occupy .6% of the site, parking and drives will occupy seventy -eight per cent (78 %) of the site and open space will occupy twenty -one per cent (21 %) of the site. A check of the Agency's maps indicates that no public wells, wetlands, or flood areas are present. The Ritschard Brothers inactive dump is located at Ironwood Road and State Road 23. The site plan is currently preliminary. The City Engineer has stated that a drainage plan will be required at the final site plan stage. At its July 15, 2003 meeting, the Area Plan Commission sent this petition to the Council with no recommendation. Mr. Edward W. Hardig, Attorney at Law, 205 West Jefferson Boulevard, South Bend, Indiana, residing at 16700 Adams Road, Granger, Indiana, made the presentation for this bill on behalf of the _ Petitioner, Dunn Road Development, LLC, and its expected tenant Martin's Super Market. Mr. Hardig stated that Dunn Road is the owner of the parcel located at the southwest corner of Dunn and Ironwood Road. The proposed tenant, Martin's Super Market, would like to use this property for a gasoline dispensing station and related facility. Customers have asked Martin's for a fuel dispensing station and they are responding to those customer requests. He noted that the facility will not be a car wash, gas station or gas station convenience type store. There will be a fuel dispensing station with gasoline pumps and a two hundred (200) square foot building. Currently there is a building on this site. This site has three (3) curb cuts. One (1) off Ironwood and two (2) off of Dunn Road. Mr. Hardig stated that Martin's has been working with the City of South Bend to enhance traffic safety in this area. The curb cut off of Ironwood onto the Dunn Road property would be vacated. One (1) curb cut off of Dunn Road onto the property would be vacated. The second existing curb cut off Dunn Road near the Ironwood intersection into the Dunn Road property would remain at approximately its current location. Further, Dunn Road would allow for the widening of Ironwood on the west side by three (3) to four (4) feet. By this widening a new left turn area would be installed on Ironwood to the north. It would allow three (3) to four (4) cars in the northbound lane to turn into the existing Martin's Super Market entrance. The entrance further north of that into the Dunn Road property would be vacated. This project will not increase traffic at the intersection of 23 and Ironwood. The Dunn Road property currently has an elevation of two (2) to three (3) feet above the existing Martin's parking lot elevation. The existing site is higher than the final proposed development for