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REGULAR MEETING JULY 8, 2013 <br /> <br /> <br /> <br /> <br />store. #3 The convenience store and gas dispensing facility shall be required to maintain a 24 <br />hours security monitoring system with interior and exterior canvass with the said system <br />accessible to the South Bend Police Department or any law enforcement agency. #4 The <br />convenience store and gas dispensing facility shall be required to maintain posted no loitering <br />signs on the exterior of the facility. #5 The convenience store and gas dispensing facility shall be <br />required to maintain in a working fashion exterior security lighting which shall be placed around <br />the building parking area and the canopy area where the gas pumps are located. These are <br />commitments that will run with the property. His clients and no interest whatsoever selling this <br />business but should anyone have any concerns that if there is a sale of the business what happens <br />to these commitments , the commitments as your legal counsel will tell you will run with the <br />property. These commitments can again after significant dialogue with the neighbors. Legally <br />that the expansion of the sight will provide additional neighborhood services and upgrade <br />Kenmore Street with safer traffic control and pedestrian traffic. We look at this as a very <br />positive development from the stand point of what it is now as compared to what they think they <br />can make it with the significant dollars that they are willing to invest. The special use exception <br />meets the standards of approval of the special use exception and that the new curbing and <br />sidewalks will support the public safety, the expansion of an existing business shall not affect <br />any values in the area and the general character of Western Avenue is a commercial corridor <br />with mixed business and commercial use. In May of this past year, May 21, 2013, they did have <br />a public hearing before the Area Plan Commission, they did unanimously recommend favorably <br />to this body approval of their request. He has had an opportunity to drive a number of times as <br />recently as yesterday, on Western Avenue between Illinois and Falcon Street, his client is willing <br />to spend between 500 and 600 hundred thousand dollars in that area he saw not one dime being <br />invested in Western Avenue. He stated that he has with him his client the manager of the <br />operation also Mr. Danch is going to make a presentation on his behalf also as it relates to the <br />site plan and if the Councilmember’s would have any questions after that time they would <br />certainly try to answer those questions. <br /> <br />Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, <br />Indiana, representing the petitioners. As Tony has mentioned and what they have given Council <br />this afternoon was a preliminary site plan for proposed improvements for Ricky’s Mart and when <br />you take a look at that as they have said before we were making some substantial improvements <br />adding additional landscaping area along Kenmore St. adding fencing along the north boundary <br />line and the east boundary line the fence would be a 6’ high vinyl fence as Tony has mentioned <br />the exiting garage on the site would be removed, the existing home to the east would be removed <br />and the site plan reflects the additional nine (9) parking spaces which will actually be on the west <br />side of the building. With the landscaping, they will be adding additional trees and landscaping <br />along part of the building. Access to the site will be off Western Avenue and also off Kenmore <br />Street. They have had the site plan reviewed by the City Engineer’s Office as well and they are <br />satisfied that the layout will work well at this particular location and have done the best that they <br />can with the amount of land that they have available. This will get all the parking on the site per <br />the ordinance as they also mentioned they will have shielded lighting that is presently not on site <br />right now. They will have substantially more lighting on the site and some residents had <br />concerns that we are addressing. As Tony mentioned there will be security on site as well as the <br />security system that will be accessible by the South Bend Police Department. They met with the <br />neighborhood association and have shown the site plan and have added that was not part of their <br />previous petition before was they added the written commitments which Tony read and will go <br />with the property and will be enforced by the City of South Bend, the Building Department and <br />also by the Neighborhood Association as well. He will answer any questions. <br />Councilmember Dieter stated that he isn’t sure if Mr. Danch or Mr. Zappia can answer this, <br />during the commitments would you make a commitment, a written commitment, that he would <br />have to ask Cristal what will happen if that is violated not to sell roach clips, bongs, pipes or <br />rolling paper or any other kind of drug paraphernalia would you submit to that? <br />Mr. Zappia stated that he believes he would and he will ask him. <br /> <br />Councilmember Dieter stated secondly, the commitment about selling single cigarettes, cigars, so <br />on and so forth. Also knock-off merchandise that is only licensed that they still sell in the store <br />so those are the three things that I have. <br />4 <br /> <br /> <br />