08-14-06 Council Meeting Minutes

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REGULAR MEETING AUGUST 14, 2006 Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Robert Nemeth, Staff Planner, Area Plan Commission, 3747 Palomino Circle, South Bend, Indiana, presented the report from the Commission. Mr. Nemeth advised that the petitioner is requesting a zone change from “SF1” Single & Two Family to “CB” Community Business to allow an off-premise sign. On site is an off premise sign and wooded underdeveloped land zoned “SF1” Single Family. To the north is the O’Brien Skate park zoned “SF1” Single Family. To the east are single family homes zoned “SF1” Single Family. To the south is a car wash and a gas station zoned “CB” Community Business. To the west across Michigan Street are a liquor store, a flower shop and a family restaurant zoned “CB” Community Business. The “CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor operations. The site plan shows the sign structure in the southwest corner of the northernmost parcel of land to be rezoned. All setbacks conform to the Zoning Ordinance. The sign will be located 30 feet from the front property line adjacent to South Michigan Street. The overall height of the sign will be thirty-five(35) feet which is the maximum allowed by the Zoning Ordinance. The sign is shown as having two (2) panels each measuring 14’x 48’ Over the years, this area has transformed from residential uses to predominantly commercial. In 1986, a large part of the petition area would have been rezoned from “A” Residential, “A” Height and Area to “C” Commercial, “A” Height and Area had the petitioner not let the site plan expire. The property is bounded by South Michigan Street, Walter Street, and Norman Street. Over 25,000 cars per day pass a point on Michigan Street south of Ireland Road. Municipal water and sanitary sewer are available to the site. The comprehensive plan policy plan:Goal 2: Encourages the economic development of the county and its municipalities. Objective C: Develop quality business areas to meet the retail and service needs of the planning area. Goal 2: Objective C: Policy X: South Bend will cluster future commercial development in commercial activity centers along major transportation arteries. Strip commercial development will no longer be an acceptable development option. This petition is consistent with the Comprehensive Plan economic policy. The land use plan does not designate this area for a specific land use. The South Gateway Commercial Corridor Action Plan (July 1998) recommends commercial use south of Chippewa Avenue and along Ireland Road. The Plan designates the petition area as a South Gateway Corridor development site. The proposed uses for the vacant site are, a. Medium density residential, b. Retail, and c. Office. Should this rezoning be approved by the Common Council, it is consistent with the South Gateway Commercial Corridor Action Plan, which recommends the site for non single-family residential land use. This area is an emerging commercial and public (O’ Brien Skate Park) destination within the City of South Bend. The most desirable use would be commercial that takes advantage of the high traffic volumes in the area. Adjacent residential property values may be negatively affected should this rezoning be approved. It is responsible development and growth to allow for the expansion of the commercial zoning district. Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Rezoning this site to “CB” Community Business is consistent with the Comprehensive Plan economic policy and the South Gateway Commercial Corridor Action Plan, which recommends the area for commercial use and the site requesting rezoning for non single-family use. The rezoning is an expansion of the western and southern commercial zoning districts. It is compatible with the northern public and western and southern commercial land uses. Mr. Terry J. O’Brien, Burkhart Advertising, P. O. Box 538, South Bend, Indiana, made the presentation on behalf of the petitioner, Barclay Corporation. Mr. O’Brien advised that the property sought to be rezoned is located at 4324 South Michigan Street and 119 Norman Street, South Bend, Indiana. It is desired and requested that this property be rezoned from SF-1 to CB due to a road improvement project along Michigan Street (US 31) Burkhart Advertising has been asked by the City of South Bend 5