03-11-02 Council Meeting Minutes

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REGULAR MEETING MARCH 11, 2002 flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. Mr. Myers noted that the City Engineer has commented that the existing lots will need a replat to create new openings in the non - access easement, the final site plan will need to develop shoulder construction, curb and water or accel /decel lanes and the drainage plan should use the rational method. Based on its Public Hearing held on February 19, 2002, the Area Plan Commission sent this petition to the Council with a favorable recommendation subject to a final site development plan showing a six (6) foot high solid wood fence and requiring the petitioner to work with the staff to provide further buffering such as berming and plantings along the south property line. The petition area abuts commercially zoned property to the east and west and there are other commercially zoned properties to the north across Lincolnway West. The proposed commercial zoning and uses are not out of character with the surrounding development and are reasonable along Lincolnway West in this area. Mr. Brad Toothaker, CB Richard Ellis, 130 South Main Street, Suite 350, South Bend, Indiana, made the presentation for this bill. Mr. Toothaker advised that he would further support what has already been said for the planned use of this development. He further advised that they have agreed to cooperate with certain individuals who have requested input to make sure that it is a development that is friendly and useful for the neighborhood and conforms to the existing uses in the area. 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 Aranowski made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Coleman seconded the motion which carried by a voice vote of seven (7) ayes. BILL NO. 6 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 4227 SOUTH MICHIGAN STREET, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140, County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "A" Residential, and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a restaurant with a drive -thru window and an ATM machine. The property currently contains a fast food restaurant. Mr. Myers further advised that located to the north and south are commercial businesses zoned "C" Commercial, "A" Height and Area and parking lots associated with the Commercial businesses zoned "A" Residential, "A" Height and Area, to the east across Michigan Street is vacant land'zoned "A" Residential, "A" Height and Area and to the west across Main Street are single family homes zoned "A" Residential, "A" Height and Area and a residential structure and a commercial building zoned "D" Light Industrial, "A" Height and Area. Access to the site is from both Main Street and Michigan Street. Water and sewer are available to site. The drainage has been addressed by the -3-