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11-14-05 Council Meeting Minutes
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11-14-05 Council Meeting Minutes
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City Council - City Clerk
City Counci - Date
11/14/2005
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REGULAR MEETINGNOVEMBER 14, 2005 <br />restaurant zoned “LB” Local Business. To the south are single family homes zoned <br />“SF1” Single and Two Family district. To the west are single family homes zoned “OB” <br />Office Buffer and “SF1” Single and Two Family Residential. The “OB” Office Buffer <br />District is established to promote the development of small-scale office, professional, <br />business, governmental and quasi-governmental uses. Since the types of permitted uses <br />in the “OB” District are typically less commercial in appearance and are architecturally <br />more harmonious with residential structures, this district can serve as a buffer between <br />residential districts and more intense commercial or industrial districts. The “LB” Local <br />Business District is established to provide for small business groupings located outside of <br />the village style mixed use concept and which provide for the full range of convenience <br />uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted <br />uses within the “LB” Districts are regulated in character to assure harmonious <br />development with the nearby residential districts served and are limited in size and scale <br />to promote pedestrian access. A two story, 4,500 square foot building is proposed for <br />construction on the west side of the site. Access will e from an existing curb cut (no new <br />curb cuts are proposed). Residential buffer yard landscaping is shown along the entire <br />southern border of the property. Twenty-Eight (28) parking spaces are shown on the <br />eastern two-thirds of the property. Roughly, 51% of the site will be pavement and <br />concrete, 40% will be open space, and the remaining 9% will be the building footprint. <br />Dimensional variances will be required for parking within 15 feet of the right-of-way and <br />for parking within the required side yard setback. Lots 32 and 33 have been rezoned to <br />“C-1” Commercial on two different occasions (1988 and 1993) and then reverted to <br />residential both times. The parcel to the west of the petition area that is currently zoned <br />“OB” Office Buffer was rezoned to “C-1” Commercial in 1991 and was limited to <br />professional office uses. S. R. 23 is a four-lane road at this location. It is a major <br />transportation route between South Bend and the northeastern parts of the county. Edison <br />Road is a five-lane thoroughfare just north of the petition area. The site will be served by <br />City of South Bend municipal water and sanitary sewer.The Comprehensive Plan Policy <br />Plan Goal 2 Objective C Policy fit: Where feasible, design future commercial sites for <br />convenient access and safety, minimize curb cuts and distracting signage, and encourage <br />access between adjacent developments. The petition is in compliance with the Policy <br />Plan. This area is not designated for any specific growth by the Land Use Plan. All <br />corners of the intersection of Edison Road and State Road 23 currently are commercial in <br />nature. The neighborhoods to the East and South are residential in nature. The most <br />desirable use is for commercial and office development. Surrounding property values <br />should be minimally affected with this rezoning due to the required bufferyards. It is <br />responsible for new development to comply with the Policy Plan of South Bend and St. <br />Joseph County. Locating office and commercial uses near intersections of well traveled <br />thoroughfares is responsible development and growth. Based on information available <br />prior to the public hearing staff recommends that this be sent to the Common Council <br />with a favorable recommendation. Similar petitions for two of the three lots have been <br />approved on two previous occasions. The petition minimizes curb cuts and allows access <br />between the two developments thereby complying with the Comprehensive Plan. This is <br />a transition area between the mainly commercial uses to the north of Edison Road and the <br />residential uses to the south therefore the “OB” Office Buffer district works well in this <br />location. <br />Mr. Derek J. Spier, A.I.C.P., Abonmarche Group, 750 Lincoln Way East, South Bend, <br />Indiana, made the presentation for this bill. <br />Mr. Spier advised that the property sought to be rezoned is located at 1640 South Bend <br />Avenue and the property between 1612 and 1640 South Bend Avenue, South Bend, <br />Indiana, located on the southeast side of South Bend Avenue (State Road 23) just south <br />of Edison Road. Mr. Spier stated that lots 32 & 33 of Wooded Estates are currently <br />owned by Jed F. Eide & John Robert Plennert and Lot 31 of Wooded Estates is owned by <br />John C. Derda. The contingent purchaser of lots 32 & 33 Wooded Estates is Franklin D. <br />Julian. Lot 31 of Wooded Estates will continue to be owned by John C. Derda. The <br />purchasers is requesting that the property be rezoned from “SF1” Single Family and Two <br />Family District to “OB” Office Buffer District for Lots 32 and 33 and to “LB” Local <br />Business District for Lot 31 both in Wooded Estates. This rezoning will allow for a Law <br />Office and additional restaurant parking. <br />23 <br /> <br />
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