11-08-04 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 8, 2004 amount of time that was used by those speaking in favor of the bill or thirty (30) minutes whichever is greater. 7. A five (5) minute rebuttal period is allowed for the persons who gave the formal presentation in favor of the bill after which the public portion of the hearing is closed. 8. Finally, the Council portion of the hearing takes place in which members will discuss the bill and vote on its disposition. PUBLIC HEARINGS BILL NO. 28-04 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 CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; STEVE AND JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, SOUTH BEND Councilmember Kuspa made a motion to continue this bill indefinitely at the request of the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 62-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1441 DEERFIELD COURT AND 6450 MIAMI CIRCLE, COUNCILMANIC DISTRICT#5, IN THE CITY OF SOUTH BEND, INDIANA Ervin Kuspa, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. Angela Smith, Area Plan Commission, 11th Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Smith advised that the Petitioners are requesting a zone change from"0/B" Office Buffer and "MF1"—Urban Corridor Multi-Family to "PUD"Planned Unit Development, for property located at the northeast and southeast corners of Miami Highway and Ridge Trail, to allow multi-family residential including garden apartments and assisted living, offices, health care facility, fitness center, retail, and restaurants. The land uses and zoning on site is vacant land and an existing assisted living/retirement home. To the north is a library zoned"OB" Office Buffer, single-family homes and duplexes zoned "PUD" Planned Unit Development, to the east are single-family homes zoned"PUD" Planned Unit Development, and single—family homes zoned "SF1" Single-family Residential. To the south are agricultural uses and single-family homes in the County zoned"R" Residential. To the west are single-family homes in the county zoned"R" Residential. The "PUD" District is intended to encourage creativity and innovations in the design of developments, provide from more efficient use of land, and to provide for an individual land use not otherwise specified elsewhere in the Ordinance. The site plan for this PUD designates 5 separate areas. Area A is designated for a maximum of 7 single story villa or condo units with a minimum of 40% open space. Areas B and C are for residential villa or condo units, office and professional services, and care providers such as adult day care, child day care, and family care. Areas B and C will have a minimum of 30% open space with the non-residential uses limited to 25% of the total 3