03-26-12 Common Council Meeting Minutes

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REGULAR MEETING MARCH 26, 2012 BILL NO. 82-11 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 CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, ALIBABA CAFÉ INC, 17917 SR 23, SOUTH BEND, INDIANA Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, 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 a favorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from B Business District and R Single Family District (County) to LB Local Business District (City) to allow a billiard hall. On site is a vacant commercial building. To the north are single family homes zoned R Single Family District (County.) To the east is a frame shop zoned B Business District (County). To the south is First Source Bank zoned CB Community Business District (City) and Ziker Cleaners zoned LB Local Business District (City). To the west is a multitenant retail center, including two restaurants and a hair salon, zoned C Commercial District (County). The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The area to be rezoned is approximately 20,000 square feet. The rear 88’ of the eastern lot is not being rezoned and will remain SF1 Single Family and Two Family District. There is an existing 2,120 square foot building, and a proposed 880 square foot covered patio. Existing and proposed buildings cover 15% of the site. Paving covers 52% of the site. The remaining 33% is open space. This site has been vacant for many years, and is bordered by business and commercial uses on three sides. Several new uses have been added to the general area, including the Ziker Cleaners. The property at the southeast corner of State Road 23 and Maple Lane attempted an annexation and rezoning in 2010 but was ultimately withdrawn. State Road 23 is a four lane road with a center turn lane. Terrace Lane and Dunn Road both have two lanes. State Road 23 is a major arterial between South Bend and the residential and commercial areas to the north and east. This site is currently served by city water and a septic system. Due to the increased use of the property, the Health Department requests a new septic permit or proof of connection to city sewer. INDOT says no permit is needed if the same drive is used. Ms, Nayder advised that the Special Exception Use for a billiard hall was heard by the Area Board of Zoning Appeals on January 4, 2012 and was forwarded to the Common Council with an unfavorable recommendation. The Area Plan commission staff gave the Special Exception Use an unfavorable recommendation, because it did not meet three of the four standards. The variances for reducing the number of required parking spaces and eliminating the residential bufferyard landscaping were denied. Since the property has split zoning, only the front half the building is within the B business District zoning. Section 154.030 (N) allows the zoning line, under certain criteria, to be extended to not more than forty feet beyond the boundary line of the district. This would extend the zoning line to include the building, but not the rest of the improvements such as the parking areas. There were no proposed commitments. Ms. Nayder stated that City Plan, 8