08-10-09 Common Council Minutes - Laserfiche WebLink

Home Browse Search

REGULAR MEETING AUGUST 10, 2009 further noted that there is some history on this site in 1994 the very northern parcel was rezoned from residential to office and that rezoning reverted back to residential due to the lack of development. In 2005, the property in the configuration that is before the Council this evening was petitioned to be rezoned from SF1 single family and two family District to MU Mixed Use District and that petition was denied by the South Bend Common Council. Based on information available prior to the pubic hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. Ms. Nayder stated that the Area Plan Commission held a public hearing on Tuesday, July 21, 2009 and send this bill to the Common Council with an unfavorable recommendation. She stated that the rezoning would intrude too deep into an established single family residential neighborhood. Office uses to this depth would adversely impact the residential uses on the east side of Pyle Avenue as well as the properties bordering this area to the South. The “O” Office district allows for higher intensity uses that are not compatible with the surrounding single family neighborhood. The impact on the neighborhood could also come from commercial traffic generated by this site traveling through the surrounding residential areas. Councilmember Oliver Davis asked Ms. Nayder to explain some of the written commitments that were discussed in this afternoon’s committee meeting. Ms. Nayder stated that the written commitments discussed were about the height of the fence that is allowed. Anything but the front yard is up to 8’ and the plantings currently are required to be planted at 6’. She stated that the petitioner may articulate the commitments during his presentation. Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, Indiana, made the presentation for this bill on behalf of the developer Mr. Tiberius Mihalach. Mr. Feeney advised that Mr. Mihalach originally started with his original building at the corner of St. Rd. 23 and Edison Road, that building is currently leased by Pinnacle Software. Following that was a building that he developed at the Southeast corner of Rosemary and Edison approximately ¼ mile to the east of the St. Rd. 23 and Edison that building is leased by two parties, a dentist and a medical professional. Across the street from that is the third building that Mr. Mihalach has done similar to these buildings, and each of these buildings he stressed strongly has been individually designed by his architect for the individual sites. Not one of these buildings so far built has looked like the predecessor to it. He stated that the building across the street just east of Rosemary on the north side of Edison is a building that was built approximately four (4) years ago and was approved by this Council as well as the Area Plan Commission. Mr. Feeney stated that the depth of this property in fact is greater than the depth of the property that is under consideration tonight. He stated that the property built four years ago was also surrounded completely by residential properties on the north side of Edison Road, both single family as well as multi-family properties. He stated that he brought this to the Council’s attention. He stated that the Area Plan Commission’s concern about intrusion into residential neighborhood is valid, but they have recommended approval on intrusion into residential neighborhoods along Edison Road before. This piece of property has been before the Common Council before, this time they did exactly as they had in the past, they sent out notices to all of the residents inviting them to a meeting where they all sat and discussed their concerns of all of the residents in a 300 foot radius. He stated that approximately seven showed up for the meeting and discussed with Mr. Mihalach what they were concerned about. By the time the residents left the meeting they felt comfortable with Mr. Mihalach representations and were essentially on board for the project at this location. Mr. Mihalach has pledged and this is part of the commitments that he will buffer the residents to the south as well as to the west from his building. Mr. Feeney stated that between the times that this had started and today a Kentucky Fried Chicken is the approved user for the piece of property known as the former car wash. Kentucky Fried Chicken on the first Wednesday of this month received approval for a number of variances that would allow them to use the car wash property. That puts a whole new light on what he is doing now. The Kentucky Fried Chicken has one entrance on to Edison Road and they are proposing two (2) entrances onto Chimes Blvd. In 3