04-28-08 Council Rules Committee

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ZONING AND ANNEXATION COMMITTEE Page #1 The April 28, 2008 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by its Chairperson, Councilmember AI "Buddy" Kirsits at 4:35 p.m. in the Council's Informal Meeting Room. Committee Members in attendance included Council Members Kirsits, Oliver Davis, Tom LaFountain, David Varner. Other present were: Councilmember's Timothy Rouse, Derek Dieter, Henry Davis, Ann Puzzello; Steve Cooreman, Mike Danch, Carl Littrell, Chuck Leone, Mark Lyons, Cathleen Seitz, Don Brubaker, Larry Porter, Charles VandeViere, Pat McGann, Don Napoli, Kathy Cekanski-Farrand, Council Attorney, John Voorde, City Clerk. BILL N0.08-34 CLEVELAND 8~ LYNNEWOOD ANNEXATION FISCAL PLAN Chairperson, AI "Buddy" Kirsits, recognized George Adler, a City Planner with the Department of Community & Economic Development who reported on the city's fiscal plan to provide city services to an annexed area as required by state law. Mr. Adler maintained the proposed 4.92 acre annexation would have negligible financial impact on the city's ability to provide services to the parcel. His report further indicated all affected city departments had reported like findings. On a motion by Councilmember David Varner, seconded by Councilmember Oliver Davis the bill was sent favorable to Council. BILL NO. 12-08 ANNEX St REZONE CLEVELAND Sz LYNNEWOOD - 4.92 ACRES FROM "R" RESIDENTIAL TO CB COMMERCIAL BUSINESS Chairperson, AI "Buddy" Kirsits began proceedings by recognizing Mark Lyons from the Area Plan Commission to report on the APC hearing on the proposed rezoning. Mark indicated the APC held a public hearing on April 15 at which time the rezoning was sent to Council with a favorable recommendation subject to 3 commitments agreed to by Mr. Cooreman. As explained by Mr. Lyons these requirements include 1. No drive thru window on the proposed restaurant located on the SW corner of the parcel. 2. Access to the adjacent parcel to the east would be maintained and 3. Egress from the parcel on the Lynnewood side would be left only or south toward Cleveland. Mike Danch of Danch, Harner Consultants representing the petitioner proceeded to present the Cooreman proposal. He described three proposed buildings on the site plan. To the north a 14,500 square foot building for small shops. A second of 10.,000 square foot to the east for small shops with access open to a parcel to the east. A third of 5,300 square feet on the SW corner most probably a restaurant, but not afast-food with drive thru. To accommodate nearby residents concerns, traffic flow would not funnel to the north and the boundary to the north would be heavily screened. Furthermore, trash pick-ups would be restricted to 8:00 a.m. to 5:00 p.m. Council Attorney Kathy Cekanski-Farrand, suggested all agreed to conditions could be put in the form of commitments allowing further review by the Area Plan Commission. Mike Danch agreed and added that the developer would comply with any engineering designs for traffic safety. Steve Cooreman then began apower-point present on the vision of his for Cleveland Crossing talking at length about the characteristics of the site and overall area. He went on to detail his efforts to ameliorate neighborhood concerns. The detail of this presentation is on file with the City Clerk's Office.