06-08-09 Common Council Meeting - Laserfiche WebLink

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REGULAR MEETING JUNE 8, 2009 from nearby residential districts. The total site is 12.13 acres. The site plan shows a 46,008 square foot office building, which is currently under construction, and 479 parking spaces. Improvements will cover 38.3% of the lot. An additional 77 parking spaces have been set aside for the future. The remaining open space will be 61.7% of the site. The northwest portion of the site was rezoned from SF1 Single Family and Two Family District and OB Office Buffer District to CB Community Business District in September of 2005. In October 2007 a petition to rezone the entire property to CB Community Business was approved subject to written commitments. The written commitments were approved in December 2008. Douglas Road is currently two lanes and is currently being widened to four lanes. The site will be serviced by municipal water and sewer. According to the FIRM Maps by FEMA, the southern part of this site, which is part of the proposed parking lot, is located in the floodplain. The Wetland Inventory Maps indicate there are wetlands in the southwest corner of the site. She stated that based on information available prior to the public hearing, staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to the following written commitments based on those recorded as part of the 2007 rezoning: 1. That there shall be no vehicular or pedestrian ingress or egress to or from the subject property, and both Elkins Street and McErlain Street; 2. That there shall be a cross access easement from the subject property to neighboring lots with Tax Key Numbers 24- 2023-0548 and 24-2023-0548.01; 3. That no controlled uses are allowed on the southern 260 feet of the subject property; 4. That the only controlled uses that will be allowed on the rest of the site are: bar/tavern and billiard hall; 5. That an earthen mound be constructed and maintained near and along the southern boundary of the non-residential zoning area where no mound currently exists. However, if the existing mound is removed, a new earthen mound shall be constructed and shaped by September 1, 2009, as shown on Exhibit A. Access paths made of serviceable materials with sufficient strength shall be proved as shown on Exhibit A to allow the City of South Bend to perform maintenance and inspection with heavy equipment. Evergreen trees with a minimum height of 6 feet shall be planted in staggered pattern, where achievable, on the new mound every 15 feet by November 15, 2009. Trees shall be replaced with new 6foot high trees as needed; 6. That no structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of subject property. Lighting on the southern side of any structure within the southern one hundred and fifty feet (150’) of the subject property shall be cut-off type. Example attached showing cut-off-type and mound as Exhibit B. All parking lot lighting will comply with dark skies recommendations and be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from any presently developed adjacent residential property on the south side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall be of cut-off type shown on Exhibit B. Ms. Nayder concluded that the site if a logical extension of the commercial area along Douglas Road. The written commitments would help protect the residential area to the south. Mr. Paul Phair, Holladay Corporation, 227 S. Main Street, South Bend, Indiana, made the presentation for this bill. Mr. Phair advised that that the reason for this rezoning is to allow Brown Mackie College to relocate their campus. The site plan shows a 46,008 square foot building which is currently under construction sits on approximately 12.13 acres. There are 479 parking spaces and the improvements will cover 38.3% of the lot. There is an additional 77 parking spaces that have been set aside for the future. The remaining open space will be 61.7% of the site. He stated that the written commitments are a good compromise for the neighbors who are present tonight and are going to speak in favor of this rezoning as well as beautify the project. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Wanda Shock, 17346 McErlain, South Bend, Indiana, stated that she is here tonight as a neighbor and President of the Juday Creek Homeowners Association. She stated that they have come to an agreement and do recommend approval of this plan. 4