12-13-04 Council Meeting Minutes

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REGULAR MEETING DECEMBER 13, 2004 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill. Councilmember Puzzello seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 66-04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTH CORNER OF BEYER STREET AND NORTHSIDE BOULEVARD, COUNCILMANIC DISTRICT#3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Kuspa, Chairman,Zoning &Annexation Committee,reported that this committee held a Public Hearing on this bill this afternoon and sends it to the full Council with a favorable recommendation. Mr. Andy Videkovich, Planner, Area Plan Commission,presented the report from the Commission. Mr. Videkovich advised that the Petitioner is requesting a zone change from unzoned to "MU" Mixed Use to allow continued use by the South Bend Parks Department. On site is a community center operated by the Parks Department. To the north is right-of-way for the Cooper Memorial Bridge/Mishawaka Avenue interchange. To the east are commercial uses zoned"MU" Mixed Use, "GB" General Business, and"LB"Local Business. To the south is the St. Joseph River and a farmer's market zoned"MU"Mixed Use. To the west is the St. Joseph River. The "MU" Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse or in the upper stories of mixed-use buildings. The development standards in this district are designed to encourage a pedestrian oriented design throughout the district, and maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. This property was zoned residential in the old city ordinance. When the new zoning ordinance and maps were adopted, this property was not given a zoning classification. The purpose of this petition is to correct the oversight. Northside Boulevard is an arterial street that serves commuters between East Race/Downtown and the neighborhoods along the river. This site is close to Mishawaka Avenue, which is a major commercial corridor for South Bend. There is a walking/bike path along the river that provides pedestrian access to and from the East Race/Downtown areas to the Neighborhoods. The site is serviced by South Bend water and sewer. This property is both appropriate for the current use and compatible with adjacent zonings and does not conflict with the Comprehensive Plan. The most desirable use for this property is for continued use by the parks department or for uses permitted in the"MU" Mixed Use district. Giving this property a zoning classification will not have a negative impact on the surrounding property values. Based on information available prior to the public hearing the staff recommends this petition be sent to the Common Council with a favorable recommendation. Due to the error of not zoning this property when the new zoning maps were adopted, it is appropriate to zone this site to best fit the current use and neighborhood. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Kelly made a motion for favorable recommendation to full Council concerning this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. 8