11-26-12 Common Council Meeting Minutes

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REGULAR MEETING NOVEMBER 26, 2012 Wellington was rezoned CB Community Business District for automotive related uses in 2010. Prior to the map change in 2004 the north side of Western, from Chicago to Meade, was all zoned C Commercial. Western has four lanes. Kenmore has two lanes. The property is currently served by public water and public sewer. The City Engineer commented the parking spaces and aisles were not the correct width. The Department of Community and Economic Development supports the expansion of an existing business and the redevelopment of Western Avenue property. Ms. Nayder advised that this is a public hearing procedure, which includes a rezoning, a special exception use and a number of variances form 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 rezoning is from MU Mixed Use District to LB Local Business District. The Special Exception Use is for a gasoline service station. In addition the rezoning and special exception, the petitioner is also requesting 11 variances (see page 2 of 4 APC Staff Report.) Ms. Nayder advised that State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the Staff Report. No commitments are proposed. City Plan identifies the area along Western as Commercial and Mixed Use. Western Avenue is a busy and traditional commercial corridor. Changing business patterns have negatively affected the properties, but new businesses are making an effort to locate within the corridor. The most desirable use along this commercial corridor is a commercial use. The expansion of the existing business, when properly buffered, should have a minimal effect on surrounding property values. It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. 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 petition be sent to the Common Council with a favorable recommendation; The staff recommends approval of variances #1, and 3-10 as referenced in Staff Comments, and would recommend variance #2 be amended to include additional shrubs on Western, and #11 be amended to refer to the additional landscaping as shown on the site plan for the Special Exception Use. Ms. Nayder advised that Western Avenue is a major east/west traffic corridor, with a wide variety of well established business and commercial uses in the immediate vicinity. The expansion of this site will provide additional neighborhood services and upgrade Kenmore Street with safer traffic control and pedestrian access. In the Staff’s opinion, because of the positive redevelopment of this site and its existing configuration, the variances as recommended by the Staff meet the standards for approval. In addition, the Special Exception Use meets the standards for approval of a Special Exception Use in that new curbing and sidewalks will support public safety; the expansion of an existing business should not affect the adjacent property values; the general character of Western Avenue is a commercial corridor with a mix of business and commercial uses; and that City Plan objectives are being met in providing for a range of mixed uses. Mr. Anthony Zappia, Attorney for the Property Owners, 52583 U. S. 933 North, South Bend, Indiana, and Mr. Michael Danch, President, Danch, Harner & Associates, Inc, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the petitioners, Parwinder Kaur and Singh Harjinder. They advised that the petitioners, Parwinder Kaur & Singh Harjinder have been the owners of the real estate at 3539 Western Avenue, for the past few years as shown in the records of the St. Joseph County Auditor’s Office. They desire to expand the services they can supply to their patrons at this location. They have been working with their neighbor, Barbara Dockery of 3527 Western Avenue, owner of the property to the east of the existing convenience store, to purchase her property and add a gasoline dispensing facility. Based on discussions with the Building Department and Area Plan Commission staffs, in order to add the gasoline pumps, the properties would be required to be rezoned, a special use would be required to be approved for the pumps and several variances would be needed to layout the property as shown on the site plan. The convenience store has been in operation for the past several years and the site has been the home of a retail establishment of varying types for the past several decades. The addition of the gasoline as noted requires a rezoning, special use and variances. Once the rezoning is initiated, the properties included are required to be brought up to all the developmental standards of the zoning district being requested. In this particular situation, the rezoning necessitates that several variances be approved as well. 4