11-14-05 Council Meeting Minutes

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REGULAR MEETINGNOVEMBER 14, 2005 Councilmember Kelly explained the procedures to be followed for tonights meeting in ã accordance with Article 1, Section 2-11 of the South Bend Municipal Code and that 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. 43-05 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 CERTAIN PROPERTY LOCATED AT 50929 ORANGE ROAD, AND ADJACENT PROPERTY, WAGGONERS’ DAIRY FARM INC., PHASE II, COUNCILMANIC DISTRICT NO. 1, GERMAN TOWNSHIP, CITY OF SOUTH BEND, INDIANA Councilmember Kuspa made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice of eight (8) ayes. Councilmember Kuspa, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with no recommendation. Mr. P. J. Thuringer, Staff Planner, Area Plan Commission, 1823 N. Adams, South Bend, Indiana, presented the report from the Commission. Mr. Thuringer advised that the petitioner is requesting a zone change from “R” Residential (County) to “PUD” Planned Unit Development (City) to allow a mixed use development consisting of single family/two family, multifamily/townhomes, civic/recreational, lifestyle/destination, retail, neighborhood retail, medical/office campus, assisted living, light industrial, commercial/hotel, office/flex, hotel/restaurant, research & development, or other uses deemed compatible. On site is a farmstead and agricultural land zoned “R” Residential. To the north is agricultural land zoned “R” Residential in the county and the State of Michigan. To the east are single-family houses zoned “R” Residential in the County. To the South is agricultural land zoned “PUD” Planned Unit Development in the city and single-family houses in the County zoned “R” Residential. To the west is a cemetery and agricultural land zoned “R” Residential. The “PUD” District is intended to encourage creativity and innovations in the design of developments, provide for more efficient use of land, and to provide for an individual or grouping of uses not otherwise specified elsewhere in the Zoning Ordinance. The portions of the Portage Prairie development “PUD” being considered in this petition are north of Adams Road. Quadrant “A” is approximately 87 acres on the west side of the U.S. 31 bypass and on both sides of Orange Road. It will be a mix of single-family and multi-family residential, cultural, and recreational uses including a movie theater. Quadrant “D” is approximately 109 acres on the east side of the U.S. 31 bypass and along Mayflower Road. It will consist of a research and development park and a hotel/restaurant park. The areas will utilize a local interior road system. The petitioner stated that a reasonable effort would be made to preserve existing trees over eight inches in caliper or 10 feet in height. Sidewalks and trails will be provided along new streets within the development as well as on Adams and Mayflower Roads. Specific uses for each site will be determined when Secondary Approval is sought by the petitioner from the Area Plan Commission staff. Uses not specifically listed in the PUD description, but which are similar in character, intensity, and intent are subject to staff approval. The Area Plan Commission may authorize additional uses within an individual area of the PUD other than those specifically designated for such area, provided that the use is permitted in another area of the PUD. On May 9, 2005 the Common Council annexed Phase I of the Portage Prairie project which was approximately 227 acres located west of Mayflower Road and south of Adams Road on both sides of the U.S. 31 bypass and rezoned it from “R” Residential to “PUD” Planned Unit Development. The northwest 7