05-24-99 Council Meeting Minutes

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REGULAR MEETING MAY 24, 1999 BILL NO. 7 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4014 W. WESTERN AVE., SOUTHWEST CORNER OF WESTERN AVE. & SHERIDAN ST., 414, 418, 422 S. ALBERT ST. AND 413, 417, 421 S. SHERIDAN ST., ALL IN THE CITY OF SOUTH BEND, INDIANA Councilmember Hosinski reported that the Zoning and Annexation Committee met on this bill and sends it to the Council with no recommendation. 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 petitioners are requesting a zone change from "C" Commercial, "E" Height & Area and "A" Residential, "A" Height & Area to "C" Commercial, "A" Height & Area to allow for a retail store with a drive -thru window. Mr. Byorni stated that the property currently contains commercial uses and single family houses. Access to the site is from Western Avenue, Albert Street and Sheridan Street. The total site to be rezoned is 65,944 square feet of which the building will occupy fifteen per cent (15 %). Mr. Byorni noted that based on information available prior to their Public Hearing, the Area Plan staff recommended this petition favorably to the Common Council subject to a final site plan showing a redesigned site layout to comply with the Redevelopment Department's standards for commercial development on the Western Avenue corridor and for solid screening from residential areas and increased landscaping along Western Avenue. It is noted that the Area Plan Commission has submitted a favorable recommendation to the Council based on their Public Hearing held on March 16, 1999. Mr. Byorni further stated that the staff would not recommend allowing the expansion of commercial zoning into residential neighborhoods. However, because the City is developing plans for the improvement of this commercial area and because the development of commercial nodes around the major intersections has been deemed by the City and its consultants to be appropriate for this corridor, the opinion of the Area Plan staff is that the intersection of Western and Sheridan is an appropriate place for the location of a commercial node. The above referred to suggestions are an attempt to lessen the impact of such a development on the surrounding homes and to begin the process of improving the aesthetics of the Western Avenue commercial corridor. Councilmember King inquired of Mr. Byorni if they had known that the City's Plan was not yet finished and if the City weren't recommending a commercial node at that location would that effect the Area Plan recommendation. Mr. Byorni stated that it would have affected their recommendation to the Commission. However, the City made comments today that Area Plan did not know when they held their Public Hearing. Mr. Anthony M. Zappia, Attorney at Law, 52582 U.S. 31 North, South Bend, Indiana, made a presentation to the Council concerning this Petition. Mr. Zappia informed the Council that his client proposes to rezone property located on the south side of Western Avenue between Sheridan Street on the east and Albert Street on the west to allow for construction of a new CVS Pharmacy with a pick -up window. Mr. Zappia further informed the Council that CVS has picked up REVCO and previous HOOKS drug stores and is replacing strip mall sites for free standing buildings. Mr. Zappia noted that Mr. Michael Danch, Peirce & Associates, 3231 Sugar Maple Court, South Bend, Indiana, attended a meeting held on May 11, 1999 at Harrison School as well as numerous other meetings with the City regarding this matter. Mr. Zappia explained the site for the Council and noted that the previous plans developed into the current one which places the building closer to Western Avenue with double bearer landscaping. He noted that the current CVS lease at the Belleville Shopping Center will expire in November of the year 2000. CVS occupies five per cent (5 %) of that shopping center with sixteen (16) other stores being occupied. He further noted that they were told that the proposed location for the new store was in a commercial node. He stated that a traffic study shows that eighteen thousand (18,000) cars per day go through that intersection with L 1