05-11-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING MAY 11, 2009 Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with an unfavorable recommendation. th Joel Klug, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Klug advised that the petitioner is requesting a zone change from GI General Industrial District to CB Community Business District to allow Auto Sales. On site is a 22,396 square foot multi-tenant building zoned GI General Industrial District. To the north is a U.S. Post Office zoned GI General Industrial District. To the east is a roofing supply facility and a distribution center zoned GI General Industrial District. To the south is a vacant lot and a gas station zoned GI General Industrial District. To the west is a freight shipping center zoned GI General Industrial District. The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. The site is approximately 85,984 square feet. The subject property contains a 22,395 square feet building that covers approximately 26% of the site. The site plan shows 120 parking spaces at 59,510 square feet or 69% of the site. The remaining 5% of the site is shown as open space. Since 1996 the subject property has been zoned for industrial uses. The parcels immediately adjacent to the subject parcel are all zoned GI General Industrial district. Two parcels located on the northeastern and northwestern corners of the intersection at Western Avenue and Olive Street are zoned CB Community Business District. Olive Street is two lanes. The site will be served by public water and sewer from the City of South Bend. The City Engineer recommends paving the south access easement. The City Planner responsible for the Western Avenue Steering Committee recommends in favor of this rezoning because it is not inconsistent with the City Plan Future Land Use Map, and will aid in the City's redevelopment objectives. City of South Bend Comprehensive Plan, November 2006 Objective LU 6: Focus development efforts within the Service Area. Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Objective ED 2: Retain existing businesses and recruit new ones to the city. The rezoning is consistent with the Comprehensive Plan's economic development and land use policies. City of South Bend Comprehensive Plan, November 2006 Future Land Use Plan: The map shows this property as Heavy Industrial. The rezoning is not consistent with the Future Land Use Map. The area surrounding Olive Street between Washington Street and Western Avenue consists of industrial and commercial uses. The most desirable use for this property is commercial and/or industrial. The surrounding commercial and industrial property values should be conserved with the CB rezoning. It is responsible development and growth to reuse an existing commercial/industrial building to expand commercial opportunities. Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. This rezoning will allow for the expansion of an existing commercial business in what is currently an underutilized business center. By allowing the split zoning of GI General Industrial and CB Community Business, the subject parcel will be able to be fully utilized. On April 16, 2009 the ABZA granted a special exception to allow for auto sales in the CB zone as well as other variances for setbacks and landscaping. Mr. Dan VonBergen, Kil Architecture/Planning, 1126 Lincolnway East, South Bend, Indiana, made the presentation on behalf of Mr. Alfonse Van Overberghe. Mr. VonBergen advised that the petitioner is requesting a rezoning for the west portion of the existing parcel to CB Community Business District to allow for allowed uses. The existing East half of the site will remain GI (General Industrial District). A special exception (for exterior car sales) and variances are being sought from the BZA, concurrent with this split rezoning. He stated that the present zoning, which is “GI” general industrial zoning does not permit some of the types of retail uses that a CB zoned parcel would allow. The existing multi-use building was the former Romy Hammes Auto dealership and was purchased by Mr. VanOverberghe in 2002. The present zoning is GI 6