10/08/07 Council Meeting Minutes

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REGULAR MEETINGOCTOBER 8, 2007 Kathleen Cekanski-Farrand read into the record the changes as follows: Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor; subject to the two pages of written commitments dated October 8, 2007 on file with the Office of the City Clerk and legal publication. th Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11 Floor County-City Building, presented the report from the Commission. Mr. Lyons advised that the petitioner is requesting a zone change from CB Community Business District and SF1 Single Family and Two Family District to CB Community Business District to allow uses permitted in the CB Community Business District. The petition is sent to the Common Council with a favorable recommendation subject to the following written commitments: 1) No access to McErlain Street or Elkins Street 2) A cross access easement be provided to the western adjoining lots; Tax ID’s 24-2023-0548 and 24-2023-054801 3) The southern 180 feet of the site be restricted to OB Office Buffer uses and development standards. 4) No controlled uses allowed with the development. Prior to September 2005, the southwest portion of this site was zoned SF1, with the northeastern portion zoned OB. In September of 2005, the OB zoning was successfully petitioned to CB. The SF1 district essentially remained in place, with written commitments to protect the residential properties to the south. The land uses to the south of the petition area have not hcanged since the rezoning in 2005. The commission also recognizes the expansion of the commercial area along Douglas Road. However, the Commission feels by limiting the southern 180 feet of the development to OB Office Buffer uses and development standards, along with the required residential buffer yard and landscaping, the surrounding residential areas should be adequately buffered, white at the same time providing appropriately zoned property for commercial development. Mr. Frank Perri, Holladay Properties, 227 South Main Street, Suite 300, South Bend, Indiana, made the presentation for the bill on behalf of the Hartman’s Douglas Road and Snelson’s Douglas Road Trust Agreement. Mr. Perri advised that the petitioner is requesting a zone change from CB Community Business District and SF1 Single Family and Two Family District to CB Community Business District to allow uses permitted in the CB Community Business District to allow for the construction of six (6) retail buildings totaling approximately 110,000. Mr. Perri noted that there will be four (4) smaller retail buildings located on the northern part of the site and two (2) larger retail buildings will be located on the southern portion of the site. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Noal Yarger, 17180 McErlain, President, Juday Creek/Douglas Acres Neighborhood Association along with Vice-President Wanda Shock and Co-Vice-President Dave Shock, spoke in favor of this bill. Mr. Yarger stated that the Homeowner’s Association is in favor of this bill. He noted that the written commitments are a good faith effort on the part of the developer. He asked for the Council’s favorable recommendation on this bill. Mr. Yarger noted that the homeowner’s association took a lot of time to work this out very carefully and are happy to have the City benefit from the financial taxes that are going to be benefited by this development and they are happy with the protection that the written commitments are going to provide. There was no one wishing to speak in opposition to this bill. Kathleen Cekanski-Farrand noted that if the Council goes forward with the bill tonight with the written commitments it will then go back to the Area Plan Commission for final approval. 4