07-24-00 Council Meeting Minutes

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REGULAR MEETING JULY 24, 2000 PENN TOWNSHIP CONTIGUOUS THEREWITH; VOCO, INC.(NORTHEAST CORNER OF IRELAND ROAD & IRONWOOD ROAD, SOUTH BEND, INDIANA Councilmember Kelly made a motion to accept the second substitute 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. Mr. Larry Magliozzi, Assistant Director, Planning & Neighborhood Development, Community & Economic Development, 205 West Jefferson Boulevard, Suite 416, South Bend, Indiana, informed the Council that this bill is a combined voluntary annexation and rezoning that meets all the criteria of state law. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byorni advised that the petitioner is requesting a zone change from "R" Residential in the County and "A" Residential, "A" Height and Area in the City of South Bend to "C" Commercial, "A" Height and Area to allow retail, a restaurant with a drive -thru and a car wash facility. Mr. Byorni noted that the property is currently vacant. Access to the site is from Ironwood and Ireland Roads. Water and sewer are available to the site and the drainage has not been addressed by the petitioner. The total site to be rezoned is 13.4 acres of which buildings will occupy eighteen per cent (18 %) of the site, parking and drives will occupy fifty -nine per cent (59 %) of the site and twenty -three per cent (23 %) of the site will remain as open space. The site plan is preliminary. The Army Corps of Engineers will require a federal permit to develop parts of this site that affect the waterway. The City Engineer will require accel/decel lanes on Ireland Road. Mr. Byorni concluded by stating that based on information available prior to the public hearing, the Area Plan Commission staff recommended that this petition be sent to the Council with a favorable recommendation, subject to a final site plan showing no automotive uses near Ireland Road and effective screening between this development and the homes to the south. This zoning and use is in keeping with the other uses at this intersection. Because of the residential uses in the area and the intense use of the site, it is the staffs opinion that the site plan needs to be amended to protect these homes. If automotive uses are approved they should be located on the north side of the lot and the entire site screened from residential districts. At its meeting held on May 16, 2000 the Area Plan Commission sent this bill to the Council with a favorable recommendation subject to a final site development plan showing no automotive uses near Ireland Road and effective screening between this development and the homes to the south as well as no restriction of the storm water flowing through this site to the City's retention basin. Mr. Michael J. Danch, President, Danch, Hamer & Associates, Inc., 3232 Sugar Maple Court, South Bend, Indiana, made the presentation for this bill. Mr. Danch informed the Council that submitted for consideration is an annexation and rezoning ordinance for the property located on the northeast corner of Ireland and Ironwood Roads. It consists of 13.4 acres of vacant land that will be developed into one hundred thousand (100,000) square feet of retail along with a drive -thru restaurant and a possible car wash. Access will be off of both Ireland and Ironwood Roads. Drainage will be done on site. Sanitary sewer and water will be connected to the City system. Mr. Danch noted that screening will be done but due to the elevation difference, this property is lower than the property to the north which is a church and the apartment complex to the east. There will be a retaining wall at the north and east lines. He noted that one of the concerns voiced was the noise of truck traffic. However, because of the elevation difference, this will not be a concern.