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03-26-12 Common Council Meeting Minutes
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03-26-12 Common Council Meeting Minutes
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REGULAR MEETING MARCH 26, 2012 <br /> <br /> <br /> <br />BILL NO. 82-11 PUBLIC HEARING ON A BILL OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, ANNEXING TO AND <br />BRINGING WITHIN THE CITY LIMITS OF <br />SOUTH BEND, INDIANA, AND <br />AMENDING THE ZONING ORDINANCE FOR <br />PROPERTY LOCATED IN CLAY TOWNSHIP, <br />CONTIGUOUS THEREWITH; COUNCILMANIC <br />DISTRICT 4, ALIBABA CAFÉ INC, 17917 SR 23, <br />SOUTH BEND, INDIANA <br /> <br />Councilmember Dieter made a motion to hear the substitute version of this bill. <br />Councilmember White seconded the motion which carried by a voice vote of nine (9) <br />ayes. <br /> <br />Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported <br />that this committee held a meeting this afternoon and it was the consensus of the <br />committee to send this substitute bill to the full Council with a favorable <br />recommendation. <br /> <br />th <br />Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, <br />227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. <br /> <br />Ms. Nayder advised that the petitioner is requesting a zone change from B Business <br />District and R Single Family District (County) to LB Local Business District (City) to <br />allow a billiard hall. On site is a vacant commercial building. To the north are single <br />family homes zoned R Single Family District (County.) To the east is a frame shop <br />zoned B Business District (County). To the south is First Source Bank zoned CB <br />Community Business District (City) and Ziker Cleaners zoned LB Local Business <br />District (City). To the west is a multitenant retail center, including two restaurants and a <br />hair salon, zoned C Commercial District (County). The LB District is established to <br />provide for small business groupings located outside of the village style mixed use <br />concept and which provide for the full range of convenience uses necessary to meet the <br />daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts <br />are regulated in character to assure harmonious development with the nearby residential <br />districts served and are limited in size and scale to promote pedestrian access. The area <br />to be rezoned is approximately 20,000 square feet. The rear 88’ of the eastern lot is not <br />being rezoned and will remain SF1 Single Family and Two Family District. There is an <br />existing 2,120 square foot building, and a proposed 880 square foot covered patio. <br />Existing and proposed buildings cover 15% of the site. Paving covers 52% of the site. <br />The remaining 33% is open space. This site has been vacant for many years, and is <br />bordered by business and commercial uses on three sides. Several new uses have been <br />added to the general area, including the Ziker Cleaners. The property at the southeast <br />corner of State Road 23 and Maple Lane attempted an annexation and rezoning in 2010 <br />but was ultimately withdrawn. State Road 23 is a four lane road with a center turn lane. <br />Terrace Lane and Dunn Road both have two lanes. State Road 23 is a major arterial <br />between South Bend and the residential and commercial areas to the north and east. This <br />site is currently served by city water and a septic system. Due to the increased use of the <br />property, the Health Department requests a new septic permit or proof of connection to <br />city sewer. INDOT says no permit is needed if the same drive is used. Ms, Nayder <br />advised that the Special Exception Use for a billiard hall was heard by the Area Board of <br />Zoning Appeals on January 4, 2012 and was forwarded to the Common Council with an <br />unfavorable recommendation. The Area Plan commission staff gave the Special <br />Exception Use an unfavorable recommendation, because it did not meet three of the four <br />standards. The variances for reducing the number of required parking spaces and <br />eliminating the residential bufferyard landscaping were denied. Since the property has <br />split zoning, only the front half the building is within the B business District zoning. <br />Section 154.030 (N) allows the zoning line, under certain criteria, to be extended to not <br />more than forty feet beyond the boundary line of the district. This would extend the <br />zoning line to include the building, but not the rest of the improvements such as the <br />parking areas. There were no proposed commitments. Ms. Nayder stated that City Plan, <br /> 8 <br /> <br />
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