07-22-13 Common Council Meeting Minutes

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REGULAR MEETING JULY 22, 2013 by a roll call vote of six (6) ayes (Councilmember’s Scott, Henry Davis, Jr., Oliver Davis, White, Gavin Ferlic, Dieter) and two (2) nays (Councilmember’s Schey, Dr. Fred Ferlic.) BILL NO. 11-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 WESTERN AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA Council Attorney Kathleen Cekanski-Farrand read the amendment into the record: Section III. This rezoning and special exception shall be subject to written commitments executed by the petitioner on April 19, 2013 and an amended site plan filed on July 22, 2013 both of which care in the Office of the City Clerk. Section IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Councilmember Oliver Davis made a motion to accept the amendment as read into the record by the Council Attorney. Councilmember Scott seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this amended bill to the full Council with a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that this property is located on the Northwest corner of Western and Illinois Street. Just to give you a little history, let me back up, the petitioner is requesting a zone change from MU Mixed CB Community Business District and a Special Exception for Automobile Sales and Service. A little history on the site, the petitioner currently owns the site just to the west on the Corner of Western and Chicago and would like to expand their existing business in 2005 the western half of the petitioner’s property received a Special Exception for the automobile sales and service. Ms. Nayder referenced her power point, this is a wide shot of Western Avenue with the arrows pointing to the property under questions. This is a shot of the existing site again on the west is the petitioner’s existing business and on the right is the vacant lot that they would like to develop. Again, just kind of from another angle, and this is looking along Western to the west on the other side of their existing business and then on the other side of Illinois Street again looking east along Western. The area to be rezoned is 17,000 square feet and the storage will be used primarily for the storage of cars to be repaired and cars to be displayed for sale. The petitioner has revised the site plan as to how landscaping, fencing, etc. and that was the amended portion that you just did. To the north is vacant land zoned SF 2 Single and Two Family District to the east across Illinois Street is a towing business zoned GB General Business District. To the South across Western Avenue is a liquor store, zoned LB Local Business District. To the west is the owner’s existing automobile sales and service business zoned CB Community Business. Across Chicago Street is a carwash zoned CB Community Business District. Both the rezoning and the special exception come to you with a favorable recommendation from the Area Plan Commission. Once again, Western Avenue is a heavily traveled east-west corridor providing business opportunities for new and established business. The appropriate expansion of this business will relieve Chicago Street from being used as a parking area and add much needed buffering between the business and the neighborhood. The special exception use meets the standards for approval for the Special Exception Use and moving parking out of the right-of-way 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 and the City Plan objectives are being met in providing for a range of mixed uses. Councilmember Dieter: They are going to do auto repair? Christa Nayder: Yes 9