07-08-13 Common Council Meeting Minutes

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REGULAR MEETING JULY 8, 2013 The petitioner withdrew the petition after the Common Council public hearing. Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Based on information available prior to the public hearing, the staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of all variance as presented. Western Avenue is a major east/west traffic corridor, with a wide variety of well-established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. In the staff’s opinion, because of the positive redevelopment of this site and its existing configuration, the variances meet the standards for approval. In addition, the Special Exception Use meets the standards of approval in that new curbing and sidewalks will support public safety; the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan objectives are being met in providing a range of mixed uses. Mr. Anthony Zappia, Attorney at Law, 52582 St. Rd. 933 N, South Bend, Indiana, stated that he has been retained to represent Parwinder Kaur and Ricky Singh and their property located at 3529 Western Avenue. They are also the owners of 3529 and the contingent purchases of the property directly to the east at 3537 Western Avenue which is owned by Barbara Dockery. The property at 3527 Western does have a vacant house and a garage and as part of their proposal that will all be removed and torn down to facilitate the canopy and two gas pumps. The total are of the two lots combined is approximately ¼ of an acre. There is an existing convenience store approximately 1700 square feet on the property. The gasoline pumps and nine (9) parking spaces are proposed and the house and garage will then be removed. He stated that as you may know the property is located on the northeast corner of Western and Kenmore and are seeking a zoning modification from mixed use to local business with a special exception for the gasoline pumps, which would be legally permissible. As the staff indicated to the east is a vacant house and garage which will be removed farther to the east is another vacant piece of property, people across the street to the southwest corner there is a vacant property basically it’s a business district other than the vacated pieces of property. In land acquisition and construction cost they are looking at 500-600 thousand dollars of improvements. He stated that one of his clients Mr. Singh has been involved in the property for five (5) years and manages the property, in 2010 he purchased the business. So they have a local person a small businessman built up the business and wants to improve it. He stated that they plan on adding a couple of additional employees. Since the last time we visited with you there have been some changes to the property. They went to neighborhood meetings they listened to the neighbors and they have reacted they think in a positive way for what they wanted. They have changed the name, now it Is Ricky’s Mart. He has done a significant amount of improvements to the inside of the building he has also added security lighting in and out of the building and placed no trespass and no loitering signs on the outside of the building. Any problems the police are notified immediately. He wants to be a good citizen. The proposal as far as our expenditures on the inside of the property will have a new walk in cooler, a new food area, a new ATM machine and a new drinking fountain. They will replace the store pictures and countertops, there will be more installation of more interior and exterior security cameras, an addition of a security officer which is there on the weekends that they regularly maintain. The security system will be accessible to the South Bend Police Department whenever they would need to utilize that for whatever reason may be necessary. They want to be a good citizen. We met with the neighbors on several occasions, Mr. Danch will talk to you about the most recent meetings but basically some of the things that they wanted to see done and will get into that a little bit later as it relates to their commitments. As far as the exterior of the building there will be the removal of the street parking basically and the new parking will be added to the site. There will be installation perimeter screening and security fencing, installation of exterior lighting around the building parking area and the canopies areas and the trash dumpster will be fully enclosed and there will be installation of new landscaping trees and shrubs along the west side of the building. At the time of their plan commission meeting they offered the following written commitments. These commitments came from the dialogue that they have had with the neighbors in several of those meetings. Commitment #1 Hours of operation of the convenience store and gas station dispensing facility shall be limited to 6 a.m. until 11 p.m . daily, originally a year ago when they came before you we were hoping to have a 24 hour operation. #2 No liquor sales, beer, wine or any type for sale at the convenient 3