12-11-06 Council Meeting Minutes

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REGULAR MEETINGDECEMBER 11, 2006 about the petitioner being able to meet the Zoning Code requirements in a timely fashion, specifically in establishing the landscaping. Mr. Lyons stated that the comprehensive plan Goal 2 Objective C is to develop quality business areas to meet the retail and service needs of the planning area. The rezoning is consistent with the Comprehensive Plan economic policy. The Rum Village Neighborhood Association supports the rezoning. The intersection of Prairie Avenue, Dubail Avenue, and Oliver Street is a mixture of automobile repair and sales, undeveloped property, vacant buildings, and single family houses. The most desirable land use at the intersection of these three streets is commercial. The property values of the adjacent single family houses may not be conserved with the rezoning. He further noted that it is responsible growth to allow appropriate and compatible re-use of vacant buildings. The property was previously used for an automobile-related use. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Mr. Ronnie Minner, 921 Altgeld Street, South Bend, Indiana, made the presentation for this bill. Mr. Minner advised that he had a business at 1210 Miami for approximately 11 months and tried to rezone it, but it was unsuccessful. Mr. Minner further advised that he is trying to buy the building located at 1643 Prairie from Mr. Dick Fox, the current owner. However, the zoning had been changed to “LB”, and prior to that change it was zoned “CB” and that is what he would like to have it changed back to.Mr. Minner stated that he was forced to close the shop until this matter can be resolved. Mr. Minner stated that he has had this dream to own his own business and make the community a better place and do better things and help people in South Bend. Mr. Minner kindly encouraged the Council to favorable recommend this rezoning, and give him a change to get on with his life. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. th Mr. Jeff Vitton, Community Development, 12 Floor County-City Building, South Bend, Indiana, stated that he is here tonight representing the Department of Community Development. He advised that 1643 Prairie is a vacant property that neighborhood residents consider to be an eyesore. He noted that Mr. Minner’s interest in relocating his auto repair business to this property has the potential to change this situation. Community Development has considered several primary factors regarding the petitioner’s request. The Rum Village Neighborhood Association supports the rezoning. There are limited reuse opportunities for the building outside of auto uses. The apparent low market potential of the site for LB type uses and the size of the site can accommodate the landscaping buffering requirements of the CB district and a precedent for changing LB to CB has already been established in the neighborhood at 1954 Prairie Avenue. Mr. Vitton further noted that the Rum Village Neighborhood Action Plan identifies this section as a “key intersection” and refers to it as a “focal point” of the community. It is of the utmost importance that the development standards of the Community Business District in regards to landscaping, signage, lighting, and parking be followed in order to ensure desirable development in the Rum Village Neighborhood. Mr. Vitton urged the Council’s favorable consideration. There was no one else present wishing to speak in favor or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 65-06 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF FUND 377 OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007, AND ENDING 4