07-23-01 Council Meeting Minutes

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REGULAR MEETING JULY 23, 2001 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 Petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "O" Office to allow an office use. The property currently contains a single - family home. Located to the north and east are single - family homes zoned "A" Residential, "A" height and area, to the south is a commercial business that is zoned "C -1" Commercial and to the west is a single - family home zoned "A" Residential, "A" height and area. Access to the site is from Ironwood Drive. Water and sewer are available to the site. The drainage has been addressed by the petitioner. Mr. Myers additionally advised that the total site to be rezoned is eight thousand nine hundred ten (8,910) square feet. Of that, the buildings will occupy eighteen per cent (18 %) of the site; parking and drives will occupy thirty -six per cent (36 %) of the site and forty -six per cent (46 %) of the site will remain as open space. A check of the Agency's maps indicates that there are no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary.The Area Plan Commission, at its Public Hearing held on July 17, 2001, sent this petition to the Council with a favorable recommendation subject to a final site development plan. The proposed "O" office zoning would act as a buffer between the residential area located to the north and the commercially zoned areas to the south of the subject property. It is the Commission's opinion that this is an appropriate use for the existing structure and compatible with surrounding land uses. Mr. Richard A. Nussbaum, II, Attorney at Law, 210 South Michigan Street, South Bend, Indiana, representing the petitioner and the contingent purchaser Cressy and Everett, made the presentation for this bill. Mr. Nussbaum advised that Cressy and Everett is a residential real estate brokerage firm that has been in existence since 1946. They currently have six (6) offices within the northern Indiana and southern Michigan area with its main office located on the corner of McKinley and Ironwood. It is the intention of Cressy and Everett to purchase the property in question and use it as a mortgage loan processing office. It will not be a consumer oriented office and there will not be individuals coming in and out of the office. There will be three (3) employees that will do the mortgage processing and the documents that are processed there will then be sent out to the various offices. This mortgage processing facility is currently located in Mishawaka and will be moving to the South Bend location. Mr. Nussbaum stated that they have made an attempt to make sure all of the neighbors are informed of these plans and for the most part the responses they have received have been positive. They have not received any negative responses in any of the public hearings that have occurred and there have been no remonstrances. Mr. Nussbaum stated that at the Area Plan Commission Public Hearing some questions were raised about signage. At the present time there are no plans to put signs on this particular facility but they do reserve the right to do so in the future. If that occurs, they will follow all ordinance requirements. 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 King made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 55 -01 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLE 3 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "DEVELOPMENT DESIGN REVIEW" Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends it to the Council favorably.