05-23-05 Council Meeting Minutes

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REGULAR MEETINGMAY 23, 2005 pamphlets were available to the pubic, which outline the Council rules and procedures, and are located on the railing in the Council Chambers. PUBLIC HEARINGS BILL NO. 19-05 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, JO ANN NUCCI, 52520 PORTAGE ROAD, SOUTH BEND, INDIANA Councilmember Kirsits made a motion to hear the substitute version of this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kuspa, Chairperson, Zoning and 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. th Paul Thuringer, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Thuringer stated that the petitioner is requesting a zone change from “R” Residential (County) to “CB” Community Business (City) to allow Uses allowed under the “CB” Community Business District including a drive-up window. On site is a single-family home. To the north is vacant land in the County zoned “R” Residential. To the east is an apartment complex in the City zoned “MF2” Multi-Family. To the south is vacant land in the County zoned “R” Residential. To the west are commercial uses including a bank in the City 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 sales or outdoor operations. The site to be rezoned is approximately 2.11 acres. The site plan shows the 12,745 square foot building with the drive-through on the north side of the building. The site plan shows two entrances off Portage Road. Extensive required landscaping is shown around the perimeter of the site and the foundation of the building. The property to the west was annexed and rezoned to “CB” Community Business for a shopping center, drycleaner, restaurant, and similar businesses in March of 2005. The property to the southwest of the petition area was rezoned to “C” Commercial in 2001 for retail, a restaurant, and financial institution. The property to the northwest was rezoned to “OB” Office Buffer, “CB” Community Business, and “MF2” Multi-family for: retail, restaurant, office, and multi-family housing. Portage Road is a major thoroughfare between the northern parts of the county and South Bend. It is two lanes at this location. The building will be serviced by municipal water and sanitary sewer. The petition area lies within a designated Commercial Growth area as stated in the St. Joseph County-South Bend Land Use Plan. This area is part of an expanding commercial node. Portage Road is an arterial that experiences residential commuter and commercial traffic throughout the day. The most desirable us e for this are is for commercial uses. With commercial zoning approved to the northwest, west, and southwest, rezoning this property will be consistent with the development that has occurred and is expected to occur in the area. This petition should not have negative impacts on the surrounding property values. As demand has increased for commercial services, it is responsible to allow for the expansion of the zoning, provided that it is done in an orderly fashion. This petition area will better serve the daily needs of the residents of the area and has no conflicts with the Comprehensive Plan. With the extensive landscape screening that is to be employed, there should not be any negative impacts on the surrounding property values. Based on information available prior to the public 9