09-12-05 Council Meeting Minutes

Home Browse Search

REGULAR MEETINGSEPTEMBER 12, 2005 recommendation to full Council concerning this bill. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 42-05 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1961 E. FOX, COUNCILMANIC DISTRICT (5) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairperson, Community and Economic Development Committee, reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the Petitioner is requesting a zone change for one parcel approximately 6,000 square feet from “SF2” Single Family and Two Family to “OB” – Office Buffer in order for an attorney to use an existing, vacant office building. On site is an existing vacant office building zoned “SF2”. To the east across Ironwood Drive are single-family houses in the City of Mishawaka zoned “R-1” Residential; a single-family house zoned “C-1” Commercial; a single-family house zoned “C-1” near Ewing Avenue, which is used as a hairstyling business; and a coffee shop, Jo to Go, zoned “C-7” Commercial on Ewing Avenue. To the south across East Fox Street is a parking lot and church/day care nursery zoned “SF2”. To the west are single-family houses zoned “SF2”. The “OB” Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the “OB” District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The existing one-story office building is 1,344 square feet, which covers 23% of the parcel. The paved area covers 34%, and the open space-landscaping covers 43%. Access will be from the existing driveway on East Fox Street. There is an existing 6-feet fence on the west side to shield 5 parking spaces. Landscaping is proposed along the building, and at the entrance of the parking lot. In 1972, the Common Council rezoned the then vacant, undeveloped property to allow the construction of the existing building for a doctors office. When the May 7, 2004 City Zoning Map became effective, it made the office building nonconforming. Ironwood Drive has 4 lanes adjacent to the site. East Fox Street has two lanes. There is an alley on the west side of the subject property. The City of South Bend provides water and sewer to the site. There is a storm sewer drainage project scheduled for fall 2005/spring 2006 on East Fox Street between Ironwood Drive and Hoke Street.The petitioner has requested variances from the City Board of Zoning Appeals because the site as it exists today does not meet the requirements of the zoning ordinance. Staff supports the variances. The Land Use Plan does not designate the area for a particular growth. The rezoning does not conflict with the Comprehensive Plan. The surrounding land use is residential; however, the land uses to the south on Ironwood Drive is mostly commercial. The most desirable land use would be professional office use since the structure was built as an office. The rezoning should help conserve the residential property values because the office building was constructed in 1972 to be compatible in architecture with the residential neighborhood. The rezoning is responsible development and growth by bringing the zoning designation into conformance with its intended office land use. Based on information available prior to the public hearing, Staff recommends that the Area Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. In 1972, the Common Council rezoned the then vacant, undeveloped property to allow the construction of the existing building for a doctors office. The rezoning will bring an office building into conformance for its intended land use. Ms. Debra Voltz-Miller, Attorney, 108 N. Main Street, Suite 423, South Bend, Indiana, made the presentation for this bill. 6