07-12-99 Council Meeting Minutes

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REGULAR MEETING JULY 12, 1999 he has recused himself from voting on this matter as he has a conflict of interest. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byomi advised that the petitioner is requesting a zone change from "E" Heavy Industrial, `B" Height and Area to `B" Residential, "C" Height and Area to allow for an apartment complex with carports and garages. Mr. Byorni noted that the property currently contains an industrial building. The total site to be rezoned is 2.46 acres with the building occupying thirty -one per cent (31 %) of the site, the parking and drives occupying thirty -one per cent (31 %) of the site and thirty -nine per cent (39 %) of the site remaining as open space. Mr. Byorni further noted that an access easement must be obtained through the property to the east. Based on the Public Hearing held on June 15, 1999, the Area Plan Commission's sent this petition to the Council with a favorable recommendation. Mr. Bernard Feeney, Lang, Feeney & Associates, Inc., 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of John Freidline, Principle, Indiana Land Trust 5152. Mr. Feeney noted that this area encompasses a portion of the former Sollitt Construction Company which they are asking be rezoned to allow for apartments. The east building will remain and will be rented for office space. The former equipment storage yard and the west building will be replaced with the proposed apartments. The developer is proposing the construction of sixty -six (66) units with carports and garages. 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 address the Council either in favor of or in opposition to this bill, Councilmember Aranowski made a motion to send this bill to the full Council favorably. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 39 -99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 511 E. COLFAX, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kelly made a motion to hear the substitute version of this bill. Council President Coleman seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Hosinski reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a 3 -1 unfavorable recommendation. Mr. John Byorni, Assistant Director, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Byomi advised that the petitioner is requesting a zone change from "A -3" Mixed Use, "G" Height and Area to "C" Commercial, "G" Height and Area to allow the sale and marketing of retail signage for buildings, property and vehicles. Mr. Byorni noted that the property currently contains a vacant commercial building. Access to the site is from Colfax and Niles Avenues. The total site to be rezoned is 11,426 square feet. Of that, the buildings will occupy forty -six per cent (46 %) of the site and parking and drives will occupy fifty -four per cent (54 %) of the site. Based on the Public Hearing held on June 15, 1999, the Area Plan Commission sent this petition to the Council with an unfavorable recommendation. This site is part of a larger "A -3" zoned area on the East Bank. The mixed use zoning district was designed and implemented to encourage business and residential friendly development around the downtown. Piecemeal commercial zoning within the larger fringe district defeats the purpose of the East Bank area as an entertainment and service commercial area and allows intrusive commercial uses near homes and offices. The petitioner's current business is allowed in "A -3" zoning and the City supports their location at this site. The rezoning, however, is intended to allow an expansion of the business to include services that are not