02-09-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING FEBRUARY 9, 2009 services due to the increase of residents in the area. The surrounding property values of the existing residential properties to the north may be affected. It is responsible development and growth to allow a mixed use development compatible with surrounding high density residential and commercial uses. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. A mixed use development containing both residential and commercial components would not be out of character in this neighborhood. The proximity to the University of Notre Dame, high density residential projects in the area, the commercial at Edison and South Bend Avenue and the new Innovation Park building are driving the need for a walkable, commercial-style development. Ms. Nayder did advised that the Commission received two letters against this rezoning, one from north of Ivy Court and the other from an owner south on Ivy Court who also lives in the neighborhood. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, representing the petitioners John & Leona Rappelli and Rosemary Mandrici, made the presentation for this bill. Mr. Danch advised that what they are asking to do is take this property that is on the southeasterly corner of Ivy Court and Twyckenham Drive to a mixed-use category. He stated that they had worked with the University of Notre Dame at the time Twyckenham Drive was realigned and there was some swapping of some property. The petitioners had looked to do something different at this property and would like to do a mixed use. As shown on the site plan is a two story building approximately 9,800 square feet. The first floor would have some small shops. What they are envisioning for this area is something that works well with this area where you have pedestrian traffic, from the University as well as from the condominiums located just east of this development. Also there are small shops along State Rd. 23 and Edison Road, which are similar in nature. The second floor of this development would be residential, approximately 10 units max. Mr. Danch stated that he has been in contact with Mr. James Masters, an attorney who is representing some residents of Jamison House, 1505 Ivy Ct. Some of the concerns have been the access into and out of the development. Mr. Danch stated that there is a paper alley to the east side of the property approximately 14’ foot wide. Just on the other side of that there are condominiums that front toward Notre Dame. Their driveways and garages access a portion of that alley and come out to any alley to the south and goes out to Twyckenham. He stated that he is talking a 14 foot alley that is to the south end of the property and making that to about a 24 foot wide alleyway. He stated that what that will do is allow the condo owners to exit out to Ivy Court better than they can today. The second item of concern for Mr. Master’s clients was to relocate the dumpster unit. He stated that they would move that dumpster and provide heavy screening along the eastern boundary. The final concerning was that no controlled uses or liquor stores as defined in the South Bend Zoning Ordinance would be allowed. There was no one present wishing to speak in favor of this bill. The following individual spoke in opposition to the bill. Mr. James A. Masters, Attorney at Law, 211 W. Washington Street, Suite 1800, South Bend, Indiana, stated that speaking in opposition to this bill is a little harsh. He stated that he is representing seven residents of Jamison House. He stated that his clients concerns are those as mentioned by Mr. Danch. He stated that Mr. Danch’s willingness to modify the site plan to show access easements on the east and south side wide enough to accommodate public safety vehicles; secondly, the relocation of the dumpster so that it does not obstruct the view from the Jamison House; thirdly no controlled uses or liquor stores as defined in the South Bend Zoning Ordinance and lastly not permit game day parking. If those conditions are met, his clients would support this petition. 5