09-08-03 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 8, 2003 Residential, "A" Height and Area and land in Mishawaka zoned "S -2" Planned Unit Development. To the south is land in South Bend zoned "A" Residential , "A" Height and Area. To the east is vacant land in the county zoned "R" Residential. To the west is vacant land in South Bend zoned "A" Residential, "A" Height and Area. The land located in South Bend north of the site is zoned "A" Residential but has a rezoning pending to "C" Commercial. Access to the site is from a common access drive off of Douglas Road. Access to the property to the south will still have to be provided. Water and sewer are available to the site. The drainage has been addressed by the Petitioner. The total site to be rezoned is 1.28 acres. Of that, the buildings will occupy 7.1 per cent of the site, parking and drives will occupy 62.5 per cent of the site and open space will occupy 30.4 per cent of the site. A check of the Agency's maps indicates that no public wells, wetlands, or flood areas are present. The Uniroyal Superfund Site is located near the petition area. The site plan is preliminary. The City Engineer needs to see a final site plan before construction can begin. The Area Plan Commission, based on its Public Hearing held on August 19, 2003, sent this petition to the Common Council with a favorable recommendation subject to a final site development plan. In April of 2003 the zoning on this property reverted from "O" Office. Given the other commercial uses and zoning in the immediate area, the Commission staff feels that the proposed rezoning is proper for this site. Mr. Mike Danch, Danch, Hamer & Associates, 2422 Viridian Drive, Suite 201, South Bend, Indiana, representing the Petitioner, Mr. Richard LaFree and the Contingent Purchasers, Mark and Debbie Shubert, made the presentation for this bill. Mr. Danch advised that this rezoning is for property in the 3500 block of Douglas Road. The site plan shows one single building which will be a two (2) level structure. One (1) access will be off of Douglas Road where the existing drive is located. The building itself will contain eight thousand (8,000) square feet. Of that, three thousand (3,000) feet will contain a retail space and the remaining portion of the building will be for a small dance studio. The building is located toward the western portion of the site. The site plan shows parking for eighty -six (86) spaces. He noted that the South Bend Zoning Ordinance requires a dance studio to be based on the maximum design capacity of the building itself. Even though this will be a small dance studio, it would still require almost one hundred (100) spaces. Therefore, they hope to get a variance from the South Bend Board of Zoning Appeals for this dance studio and get the requirement down to approximately sixty (60) spaces. Mr. Danch advised that the proposed building will be connected to municipal water and sewer from the City of Mishawaka that is already adjacent to the site and runs along Douglas Road. The site plan shows extensive screening which is required by the Zoning Ordinance of the City of South Bend. It will be provided along the west, south and east lines of the property. All the site improvements will meet latest City of South Bend drainage standards. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. 1 Ll M