02-27-06 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 27, 2006 (three lots) is 33,741 square feet or 0.775 acres. The building is 7,463 square feet and covers 22% of the site. Parking and drives cover 16,611 square feet or 49% of the total area. Open space makes up 29% or 9,667 square feet. The entrance to the site will be on Pyle Avenue 70’ south of Edison Road. The building is to be one story in height. Retention ponds are shown on three sides of the building. All landscaping will be required to meet City standards. In 1994, the southwest vacant lot was rezoned from “A” Residential to “O” Office, which is equivalent to “OB” Office Buffer in the current zoning ordinance, to allow for a professional office. The site reverted back to its original zoning and is currently “SF1” Single Family due to lack of development. Note that the site plan showed one driveway from Edison Road. Edison Road is a four lane road at this location with an 80 foot right of way width. At a point just west of Pyle Avenue on Edison Road, MACOG counted just under 19,000 cars per day in 2004. Pyle Avenue is a two lane residential street. The United States Post Office, on the north side of Edison Road and across the street from the petition area, generates heavy traffic that could potentially congest the intersection of Edison Road and Pyle Avenue. The site if served by South Bend municipal water and sanitary sewer. The Comprehensive Policy Plan Goal 2 Objective B: Locate employment uses in such a manner that conflicts with residential land uses are minimized. Goal 2 Objective B: Policy iii: Truck and automobile traffic generated by employment uses should not travel through residential areas. This petition is in conflict with the Comprehensive Plan in that it extends commercial zoning into a residential neighborhood. This area is not designated for any specific growth by the Land Use Plan. Currently the commercial areas are to the north and the west of the petition area. The areas to the east and to the south are exclusively single family residential in nature. The most desirable use would be to leave the existing single family homes as they are. The surrounding residential property values could be adversely affected should this rezoning be approved. It is not responsible development and growth to allow the residential neighborhood to be intruded upon at the proposed depth by a zoning district that allows non-residential uses. Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. The rezoning would intrude too deep into an established single family residential neighborhood. The “ MU” Mixed Use district allows commercial uses that would conflict with the residential neighborhood. The impact on the neighborhood could also come from commercial traffic traveling through the surrounding residential areas. This conflicts with the goals of the Comprehensive Plan. Pyle Avenue is a two lane residential street. Office and commercial uses to this depth would adversely impact upon the residential uses on the east side of Pyle Avenue. Mr. Bernard Feeney, Lang, Feeney & Associates, Inc., 715 S. Michigan Street, South Bend, Indiana, made the presentation for this bill. Mr. Feeney stated that he is representing Sorin Mihalache and Tiberius Mihalache, the petitioners of this bill. They are requesting a zone change from Single Family to"O” Office. 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 was no one present wishing to speak in favor of this bill. The following individuals spoke in opposition to this bill. Mrs. Joan Biltz, 1314 Chimes Blvd., South Bend, Indiana, spoke in opposition to this bill. Mrs. Biltz advised that she is also representing Ms. Helen Manuszak, 1322 Chimes Blvd, South Bend, Indiana and Mr. George Scarberry, 1306 Chimes Blvd., South Bend, Indiana. She stated that this project will create additional traffic on Edison Road. The post office is located directly across the street from this project and during normal hours the traffic is very heavy. During holiday season and on home Notre Dame Football games this area is an accident waiting to happen. She also mentioned that the drainage from another business on that corner would cause more water to flood basements and yards. Mrs. Biltz encourage the Council to vote against this bill. 9