01-09-06 Council Meeting Minutes

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REGULAR MEETING PUBLIC HEARINGS JANUARY 9, 2006 BILL NO. 77-OS PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #1, JOHN D. GILLIS, SR. & JAY L. GILLIS REVOCABLE TRUST DATED 2/12/2001, SOUTHEAST CORNER OF PORTAGE ROAD & BRICK ROAD, SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full council with a favorable recommendation. Mr. P. J. Thuringer, Staff Member, Area Plan Commission, 11~` Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer, advised that the petitioner is requesting a zone change from "R" Residential to "O" Office to allow medical offices. On site is vacant, undeveloped, flat land. To the north are single family homes and two churches zoned "R" Residential. To the east is wooded undeveloped land zoned "R" Residential. To the south are single family homes zoned "R" Residential. To the west are single family homes zoned "R" Residential. The "O" Office District is established to promote the development of general offices uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The total area of the site if 11.42 acres. The site plan show one point of ingress/egress to Portage and two points of ingress/egress accessing Brick Road. There are four buildings shown on the site plan. They are all to be one-story in height. They are shown to be 15,000 square feet each. Buildings will cover 12% of the site. Parking spaces (190) and drives will cover roughly 19% of the site. Open space and landscaping makes up 69% of the area. The revised preliminary site plan shows that there will be no buildings in the eastern 250 feet and that this area will be left as open space and retention. The developer is willing to enter into written commitments that the eastern 250 feet will be used only for open space, screening, and retention. In 2004 and 2005 the Common Council of South Bend rezoned three different sites for commercial zoning in this area. The first petition was roughly a half mile south of Brick Road on the West side of Portage Road and was annexed and rezoned from "R" Residential to "CB" Community Business. The second petition was also a half mile south of Brick Road on the Westside of Portage Road and was rezoned to "OB" Office Buffer, "MF2" High Density Multi-Family, and "CB" Community Business. The third petition to rezone in this area was a half mile south of Brick Road on the east side of Portage Road and was annexed and rezoned from "R" Residential to "CB" Community Business. All of these sites were in close proximity to the Portage Road/Cleveland Road commercial node. Brick Road is a two-lane residential road at this location. The Brick Road right-of--way measures forty feet. In 2002, according to the MACOG traffic counting program, 2790 cars daily drove on Brick Road just east of the Portage Road. Portage Road is a two-lane road at this location between Michigan and the City of South Bend. The right-of--way for Portage is sixty (60) feet. In 2003, MACOG counted 12,591 cars on Portage Road south of Brick Road. The site will be served by City of South Bend. The right-of--way for Portage is sixty (60) feet. In 2003, MACOG counted 12,591 cars on Portage Road south of Brick Road. The site will be served by City of South Bend municipal water and sanitary sewer. The City will impose certain developmental