08-08-05 Council Meeting Minutes

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REGULAR MEETINGAUGUST 8, 2005 Mr. Thuringer advised that the petitioner is requesting to rezone 12.31 acres from “SF1” Single Family and Two Family and “OB” Office Buffer to “CB” Community Business to construct 5 retail and 1 medical building. On site is vacant, flat land divided between City “SF1” Single and Two Family, and “OB” Office Buffer. To the north across Douglas Road is vacant land zoned City “CB” Community Business, and “OB” Office Buffer. On the north side of Douglas Road near its intersection with State Road 23 is a bank in the County zoned “C” Commercial, and two single-family houses in the County zoned “R” Single Family. On the north side of Douglas Road east of the site requesting rezoning, there is vacant land in Mishawaka zoned “S-2” PUD, a single-family house in County zoned “R” Residential. To the east on the south side of Douglas road is a dance school zoned “:B” Local Business, two single-family houses in the County zoned “R” Residential, and a mobile home park in Mishawaka zoned “R-4” Residential. To the south there is vacant property in the City zoned “SF1” Single and Two Family, and single family houses adjacent to McErlain Street in the County zoned “R” Single Family. To the west on the south side of Douglas Road, there are single-family houses in the County zoned “R” Single Family. 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 amount of outdoor sales or outdoor operations. The preliminary site plan area total 12.31 acres.Five one-story retail buildings and one two-story medical building are shown. The retail building covers 10,500 square feet each, and the medical building covers 11,200 square feet for a combined 12% lot coverage. The 294 parking spaces, vehicle driving aisles, and sidewalks cover 35% of the lot, and the landscaping-open space covers 53%. Sidewalks will connect the parking spaces to the buildings. Two driveways are shown on Douglas Road, there is no vehicle access proposed from the residential Elkins or McErlain Streets. Perimeter landscaping is shown. The land uses adjacent to Douglas Road between State Road 23 and Grape Road are transitioning from residential to commercial. Douglas Road is a two-lane road with a center turning lane at its intersection with State Road 23. It is straight adjacent to the site for providing unobstructed sight distance. City water and sewer will be provided to serve the site; however, the Cities of South Bend and Mishawaka are in discussion concerning which city will provide it. The Staff recommends that the Area Plan Commission send this to the Common Council with an unfavorable recommendation unless the majority of the property currently zoned “SF1” Single-Family is deleted from the petition. The Area Plan Commission at its public hearing on Tuesday, July 19, 2005 sends this bill to the Common Council with a favorable recommendation, subject to Written Commitments prohibiting controlled uses from the property and limiting commercial activity to the buildings along Douglas Road. Mr. Michael J. Danch, President, Danch, Harner & Associates, Inc., 2422 Viridian Drive, South Bend, Indiana, representing the property owners Richard & Ann LaFree made the presentation for this bill. Mr. Danch advised that the property sought to be rezoned is located at the 3500 block of the south side of Douglas Road, South Bend, Indiana. The petitioners are requesting a zone change from “SF1” Single Family and Two Family District & “OB” Office Buffer District to “CB” Community Business District to allow for medical office and retail facilities. The utilities in this particular case are going to be served by the City of South Bend. Mr. Danch further advised that the petitioner has been working with the City to get the sewer extended from approximately where the Foundation Center is west of S.R. 23, along the south side of Douglas Road to this location. The site would be serviced by a gravity line. There is water available at this location. Mr. Danch stated that they sent a form to the DNR for them to review this site in relation to Juday Creek to determine whether they were in a floodway or floodplain. They did do a topography survey, and found that for the 100 –year flood plain, that line is farther south. There has been a determination from the DNR that basically the portion on the south end of this property is in a flood fringe area and would not require any permits for the parking area or for the building. They would just have to meet the flood plain regulation, which basically is wherever your finished floor is; it would have to be at least two feet above that. From the landscaping standpoint, they will meet all of the landscape standards. The petitioners own all of the property adjacent to this, to the south and the southwest will be maintained as single family. Mr. Danch stated that the petitioner is willing to do a written 5