11-12-12 Common Council Meeting Minutes

Home Browse Search

REGULAR MEETING NOVEMBER 12, 2012 space. The site plan shows the eastern 360’ of the site as proposed to be used as soccer fields. In 1973, the Council initiated a rezoning for this block from heavy industrial to light industrial. A Special Exception Use was previously granted for an indoor/outdoor facility on March 28, 2011. Land uses in this area have remained consistent, with businesses and residential north of Washington Street, and industrial south of Washington Street. Washington Avenue has two lanes. The site will be served by public water and sewer facilities. Community and Economic Development offers a positive recommendation for the zoning but would like to see a solution that contains some landscape buffering. The City Engineer had no comments. The Building Commissioner requires that the applicant reapply for the Special Exception Use because the property is being rezoned. Ms. Nayder advised that the staff comments note that this is a combined public hearing, which includes a rezoning, a special exception use and nine variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation, and either approve or deny the variances. The petitioner is requesting the following 9 variances: from the required 393 parking spaces to a minimum of 194 parking spaces; from the 20 foot front yard Residential Bufferyard setback to 0 feet for parking; from the 10 foot side yard setback to – feet for parking; from the required 14 interior landscape islands to 13; from the required landscape screening for parking spaces along public streets to no landscape screening; from the required minimum 24 foot wide aisle way in a parking area to a minimum of 22 feet; from the required foot wide foundation landscape area along Washington Street to no foundation landscape area; from the required perimeter landscaping, at a rate of one (1) tree every 40 feet, along the site perimeter to providing said trees only along the improved portion of the site along Washington Street as shown; and from the maximum height of 4 feet for a fence to allow the existing 7 foot high chain link fence with security wire along frontage of Washington Street and Olive Street. State statutes and the South Ben Zoning Ordinance require that certain standards must be met before a variance of Special Exception Use can be approved. These standards are attached and made part of the Staff Report. No commitments are proposed. Ms. Nayder advised that City Plan, South Bend’s Comprehensive Plan (November 2006) ED 1.2 Encourage reuse of abandoned and underutilized land and structures. The Future Land Use Plan identifies this area as light industrial. There are no other plans in effect for this area. Many of the lots, houses, and businesses north of Washington Street are vacant. The railroad tracks separate this property from the more industrial uses to the south. The most desirable use is the adaptive reuse of this building. The additional upgrades, like a paved parking and landscaping, associated with the rezoning should enhance the site and protect the neighboring properties. It is responsible development and growth to allow the adaptive reuse of a building, with additional improvements to beautify the area. Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation; based on information available prior to the public hearing, the staff recommends that the Special Exception Use for an indoor/outdoor soccer facility be sent to the Common Council with a favorable recommendation; the staff recommends approval of variances #1-6 & 9, and #8 subject to approval by the City Forester, but that variance #7 be denied. The redevelopment of this site will provide for a positive adaptive reuse of this site. In the Staff’s opinion the variances meet the standards for approval by recognizing the existing limitations of the site. It is the staff’s opinion that variance #7 would not be needed if the drive aisle to the north of the building is reduced, making way for the foundation landscaping. The Special Exception Use allows an activity that is compatible with the general character and mix of uses in the neighborhood. Mr. Lipsky, 2808Edison Road, South Bend, Indiana, Attorney for the petitioners made the presentation for this bill. Mr. Lipsky advised that the petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District; a Special Exception for indoor/outdoor soccer facility; and nine variances from the development standards. Manual Villegas, 2637 W. Western Avenue, South Bend, Indiana, stated that the building is basically going to stay the same. He stated that it is really an open space on the inside for soccer, the only thing that is going to change is the parking spaces that the city requires. He stated that they would like to improve the outdoor soccer area. He stated that with the improvements the 4