09-28-98 Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 28, 1998 BILL NO. 35 -98 A BILL AMENDING THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A TAYLOR'S FIELD HISTORIC PRESERVATION DISTRICT Council Member Coleman made a motion to continue public hearing on this bill until November Th, at the request of the petitioner, seconded by Council Member Aranowski. The motion carried. BILL NO. 60 -98 A BILL AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, AS AMENDED OF THE ORDINANCES OF THE CITY OF SOUTH BEND, INDIANA, FOR 712 NORTH NILES AVENUE, SOUTH BEND, INDIANA FOR MADISON CENTER, INC. Council Member Coleman made a motion to continue public hearing on the bill until October 26, at the request of the petitioner, seconded by Council Member Hosinski. The motion carried. BILL NO. 62 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 216 35TH STREET, IN THE CITY OF SOUTH BEND, INDIANA Council Member Coleman made a motion to strike this bill from the agenda, at the request of the petitioner, seconded by Council Member Varner. The motion carried. BILL NO. 70 -98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 4600 AND 4700 BLOCK OF NEW CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA The being the time heretofore set for public hearing on the above bill proponents and opponents were given an opportunity to be heard. Council Member Hosinski reported that the Zoning and Annexation Committee had met on this bill and no action was taken on this matter. John Byorni, assistant director of Area Plan, reported that this was a Council initiated zoning to allow for light industrial uses. He described the surrounding area. He advised that the Area Plan Commission sends this petition with an unfavorable recommendation. Kathleen Cekanski - Farrand, read the following proposed amendment to this bill "Section I, last line - change the colon to a semicolon, and add 'subject to the terms and conditions acceptable to the City of South Bend of a commitment regarding use and development of real estate which will be marked exhibit 1 and will be incorporated herein addressing required buffers, berming, landscaping, and lighting; as well as the deletion of truck terminals as acceptable uses on said property. Said commitment shall be recorded as required by applicable State law at a cost to the petitioner. Section II. This rezoning shall be subject to a final site plan., and renumber current Section II to Section III. Council Member Coleman made a motion to accept this amendment, seconded by Council Member Aranowski. The motion carried. Ken Fedder, attorney, made the presentation for the bill. He informed the Council that this property was recently purchased from the former owner who was not interested in rezoning the property. He reported that the greatest market value for this property is light industrial. He advised that when this property was zoned BP they planned to have eighteen sites, and we are requesting only eleven possible sites. He indicated there would be no direct access through the subdivision. After discussion he told the Council that they would consider a ten foot grassy berm. The Council requested a twenty five foot set back before the berm of eight to ten feet. John Byorni, Area Plan, indicated a sent back of twenty five feet would require a variance. A resident of 23040 Acacia, spoke against this zoning. She indicated that in 1994 Area Plan and the Common Council assured us there would be a lot of requirements. She advised they still want this buffer zone, and "D" zoning allows undesirable industry. She indicated the "BP" zoning was designed for property near a residential area. Sharon Meyers 52062 Patricia Lane, presented a petition I_-