11-09-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING NOVEMBER 9, 2009 th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from SF1 Single Family and Two Family District to OB Office Buffer District to allow parking for a proposed dentist office. On site is vacant. To the north is a single family home and vacant lot zoned OB Office Buffer District. To the east is a church zoned SF1 Single Family and Two Family District. To the south is additional parking for the adjacent church use zoned SF1 Single Family and Two Family District. To the northwest is a dry cleaner zoned OB Office Buffer District. To the west and southwest across Fellows Street are single family homes zoned SF1 Single Family and Two Family District. The total area is 15,072 square feet. No building is proposed on this lot. A 4,700 square foot dentist office is proposed on the adjacent vacant lot. A total of 20 parking spaces are provided, covering 7,605 square feet of 51% of the site. The remaining 49% is open space and landscaping. She noted that in 1993, the property to the northwest had petitioned to be rezoned to C Commercial for an auto service facility. That petition was withdrawn. She stated that Fellows Street is two lanes. According to maps on the Major Moves US 31 website, Fellows Street will be extended over the St. Joseph Valley Parkway as part of the US 31 project. The site as developed needs no utilities, but they are available on Fellows Street. Ireland Road is a major arterial, fronted by a mixture of commercial and institutional uses. Fellows Street is currently a local neighborhood street, but will be extended to the south over the St. Joseph Valley Parkway as part of the US 31 realignment project. The most desirable use is one that recognizes the mix of adjacent land uses. The surrounding property values should not be negatively affected. It is responsible development and growth to recognize and support approved land use plans. Ms. Nayder advised that the Staff recommends that the petition be sent to the Common Council with favorable recommendation. The Commission held a Public Hearing on Tuesday, October 20, 2009 and send this bill to the Common Council with a favorable recommendation. Ms. Nayder stated that the adjacent vacant lot to which the site will be part of is no longer viable as a residential use. Combining both parcels as a single use creates a viable business site. In addition, the changing status of Fellow Street makes this site even less desirable as residential. Mr. John Spaulding, Spaulding Design Group, LLC, 106 Lincoln Way East, Mishawaka, Indiana, made the presentation for this bill on behalf of his client Dr. Terrill Stoller. Mr. Spaulding advised that because of the major moves U.S. 31 project Dr. Stoller is moving his dentist office from U.S. 31 to this new location. In doing so the piece of property that he bought wasn’t big enough to accommodate his building plus parking so he bought property behind it, in hopes to get it rezoned so he could use it as parking space. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Dieter made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 57-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to continue this bill until the November 23, 2009 at the request of the petitioner. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. 5