08-27-01 Council Meeting Minutes

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REGULAR MEETING AUGUST 27.2001 Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers stated that the petitioners are requesting a zone change from "C" Commercial (County) to "C" Commercial, "A" Height and Area to allow a fast food restaurant with drive thru, convenience store, gasoline station and a car wash. The property currently contains a fast food restaurant with drive thru, convenience store, gasoline station and a car wash in the construction stage. Located to the north across Kern Road are commercial businesses in the County zoned "C" Commercial; to the east across U.S. 31 in the City of South Bend is a commercial business zoned "C" Commercial, "C" Height and Area and single - family homes zoned "A" Residential, "A "Height and Area; and to the south and west in the County are single family homes zoned "R" Residential. Access to the site is from Kern Road and U.S. 31. Water and sewer will be available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is 1.82 acres. Of that, the buildings will occupy nine per cent (9 %) of the site, the parking and drives will occupy sixty -one per cent (61 %) of the site and thirty per cent (30 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is final. The Area Plan Commission, at its meeting held on August 21, 2001, sent this petition to the Council with a favorable recommendation. Approving the petition will result in commercial classification in the City similar to what this property had in the County. Mr. Edward Fisher, Fisher Land Surveying Services, 305 East Third Street, Mishawaka, Indiana, stated that he represents RLB 1, LLC and Pyramid Properties, Inc. in their petition for rezoning and will answer any questions about the project. Councilmembers had no questions. 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 Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 49-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1620 & 1621 CIRCLE AND 1538 LISTON IN THE CITY OF SOUTH BEND, INDIANA Councilmember White made motion to consider the substitute version of this bill. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation as substituted. 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, "A" Height and Area to "C" Commercial, "A" Height and Area to allow an existing restaurant and barber shop/beauty salon. The property currently contains a restaurant and barber shop/beauty salon. Located to the north is a church and single - family homes zoned "A" Residential, "A" Height and Area; to the east is a multi - family dwelling unit and a church zoned "A" Residential, "A" Height and Area; to the south across Washington Avenue are industrial buildings zoned "D" Light Industrial, "B" Height and Area; and to the west across Circle Avenue is an industrial business zoned "D" Light Industrial, `B" Height and Area. Access to the site is from Circle Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is twenty -two thousand four hundred twenty -four (22,424) square feet. Of that, the buildings will occupy seventeen per cent (17 %) of the site; the parking and drives will occupy sixty - one per cent (61 %) of the site; and twenty -two per cent (22 %) of the site will remain as open space.