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08-10-09 Common Council Minutes
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08-10-09 Common Council Minutes
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REGULAR MEETING AUGUST 10, 2009 <br /> <br /> <br /> <br />further noted that there is some history on this site in 1994 the very northern parcel was <br />rezoned from residential to office and that rezoning reverted back to residential due to the <br />lack of development. In 2005, the property in the configuration that is before the Council <br />this evening was petitioned to be rezoned from SF1 single family and two family District <br />to MU Mixed Use District and that petition was denied by the South Bend Common <br />Council. Based on information available prior to the pubic hearing staff recommends that <br />this petition be sent to the Common Council with an unfavorable recommendation. Ms. <br />Nayder stated that the Area Plan Commission held a public hearing on Tuesday, July 21, <br />2009 and send this bill to the Common Council with an unfavorable recommendation. <br />She stated that the rezoning would intrude too deep into an established single family <br />residential neighborhood. Office uses to this depth would adversely impact the <br />residential uses on the east side of Pyle Avenue as well as the properties bordering this <br />area to the South. The “O” Office district allows for higher intensity uses that are not <br />compatible with the surrounding single family neighborhood. The impact on the <br />neighborhood could also come from commercial traffic generated by this site traveling <br />through the surrounding residential areas. <br /> <br />Councilmember Oliver Davis asked Ms. Nayder to explain some of the written <br />commitments that were discussed in this afternoon’s committee meeting. <br /> <br />Ms. Nayder stated that the written commitments discussed were about the height of the <br />fence that is allowed. Anything but the front yard is up to 8’ and the plantings currently <br />are required to be planted at 6’. She stated that the petitioner may articulate the <br />commitments during his presentation. <br /> <br />Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, <br />Indiana, made the presentation for this bill on behalf of the developer Mr. Tiberius <br />Mihalach. <br /> <br />Mr. Feeney advised that Mr. Mihalach originally started with his original building at the <br />corner of St. Rd. 23 and Edison Road, that building is currently leased by Pinnacle <br />Software. Following that was a building that he developed at the Southeast corner of <br />Rosemary and Edison approximately ¼ mile to the east of the St. Rd. 23 and Edison that <br />building is leased by two parties, a dentist and a medical professional. Across the street <br />from that is the third building that Mr. Mihalach has done similar to these buildings, and <br />each of these buildings he stressed strongly has been individually designed by his <br />architect for the individual sites. Not one of these buildings so far built has looked like <br />the predecessor to it. He stated that the building across the street just east of Rosemary <br />on the north side of Edison is a building that was built approximately four (4) years ago <br />and was approved by this Council as well as the Area Plan Commission. Mr. Feeney <br />stated that the depth of this property in fact is greater than the depth of the property that is <br />under consideration tonight. He stated that the property built four years ago was also <br />surrounded completely by residential properties on the north side of Edison Road, both <br />single family as well as multi-family properties. He stated that he brought this to the <br />Council’s attention. He stated that the Area Plan Commission’s concern about intrusion <br />into residential neighborhood is valid, but they have recommended approval on intrusion <br />into residential neighborhoods along Edison Road before. This piece of property has been <br />before the Common Council before, this time they did exactly as they had in the past, <br />they sent out notices to all of the residents inviting them to a meeting where they all sat <br />and discussed their concerns of all of the residents in a 300 foot radius. He stated that <br />approximately seven showed up for the meeting and discussed with Mr. Mihalach what <br />they were concerned about. By the time the residents left the meeting they felt <br />comfortable with Mr. Mihalach representations and were essentially on board for the <br />project at this location. Mr. Mihalach has pledged and this is part of the commitments <br />that he will buffer the residents to the south as well as to the west from his building. Mr. <br />Feeney stated that between the times that this had started and today a Kentucky Fried <br />Chicken is the approved user for the piece of property known as the former car wash. <br />Kentucky Fried Chicken on the first Wednesday of this month received approval for a <br />number of variances that would allow them to use the car wash property. That puts a <br />whole new light on what he is doing now. The Kentucky Fried Chicken has one entrance <br />on to Edison Road and they are proposing two (2) entrances onto Chimes Blvd. In <br /> 3 <br /> <br />
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