09-14-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING SEPTEMBER 14, 2009 recommends approval subject to drainage and access. No curb cut was shown on the site plan. Any new buildings or pavement must meet drainage calculations. The commercial building is vacant. The two single family homes are functioning as single family homes, however, the petitioners plan to raze them once they are vacated. The area has a mix of single family homes, businesses, and light industrial uses. The most desirable use is light industrial, commercial or office. She noted that it is responsible development and growth to protect the residential homes and business area by limited heavy industrial uses in this area. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. The staff would be more supportive of a LI Light Industrial zoning classification. The general area is a mixture of commercial, business and very light industrial uses. The rezoning of this property to the GI General Industrial classification would potentially introduce more intensive and incompatible uses than generally found for a multi-block area along Main Street. Ms. Nayder advised that the Area Plan Commission held a public hearing on this bill on Tuesday, August 18, 2009 and sends this bill to the Common Council with a favorable recommendation. Mr. James A. Master, Attorney at Law, 211 W. Washington Street, South Bend, Indiana, made the presentation on behalf of the owner Huffaker Enterprises, Inc. Mr. Masters advised that as you can tell by the site plan, the site consists of five lots. On the northeast corner of the parcel are two houses that are currently being used as residential. On the southeast corner is a building that formerly housed the Forest Sign Company. The site is currently zoned as Local Business. The building is currently vacant. The petitioner requests to rezone to general industrial uses. The contingent purchaser is called Company G, which is affiliated with Galloway Mortgage Services, which is located and operates just two blocks to the south of this site at 2511 S. Main Street. They have been in business on S. Main Street since 2003. They are from this area; they grew up in the 300 block of Oakside. The proposed use of the property is to use it for the Galloway Mortgage Services, which provides services to the mortgage servicing community. They provide services for homes in various stages of foreclosure; provide service to the bank, finance companies, hauling away the trash that may be left when the house is vacant. This property will be used for the storage of their equipment. There also may be some steel fabrication on-site in the building. This would be for repairs that they can take off site. The contingent purchaser presently intends to raise the single family homes that are on the site after the current occupants vacate the premises. The reason for the request for General Industrial use is there will be some outside storage of equipment; there will be some fabrication on-site inside the building. The purchaser’s intend to take the open area that is on the west side of the building and fence it and use it as a secure area for storage of equipment that requires General Industrial zoning. The Staff Report recommends against this and would rather see light industrial in the area. They say this is a mixed area of commercial, business and very light industrial uses. Yet the Staff Report tells us that immediately to the west of this property is the former Sibley Foundry. It is used by a company called Accucast and it is zoned General Industrial. Also, if you look at the site plan you will know that 300 feet south is the former Centennial Steel Factory, which is being rezoned General Industrial. The Staff Report indicates the zoning pending certain written commitments. This property is surrounded by other properties that are zoned General Industrial. It seems to be in keeping with the use of properties in that area. We are aware that this zoning will require certain variances as noted in the staff report, so that the zoning would be approved subject to getting those variances. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individual spoke in favor of this bill. Mr. Shane Galloway, 17773 Bromley Chase, South Bend, Indiana, stated that he was born and raised in South Bend just a few blocks from this location, and has a business now close to the location. He stated that he is requesting this rezoning so that he can expand his business. He stated that they have been in business for about 25 years; and have been at this location for 6 years. He stated that they are looking to expand in 4