05-10-04 Council Meeting Minutes

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REGULAR MEETING MAY 10, 2004 Councilmember Kuspa, Chairperson, 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. Jeff Myers, Staff Planner, Area Plan Commission, 1805 Hickory Road, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area and "CB" Community Business to allow for a self -serve car wash and a small retail center. The existing land use is vacant. Located to the north are single - family homes and a private club zoned "A" Residential, "A" Height and Area and a fire station zoned "C" Commercial, "A" Height and Area. To the south are singe - family homes and vacant land zoned "A" Residential, "A" Height and Area. To the east are single - family homes zoned "A" Residential, "A" Height and Area. To the west is a fuel mart zone "C" Commercial, "F" Height and Area and a commercial use zoned "C" Commercial, "E" Height and Area. Access to the site if from Prairie Avenue. Water and sewer are available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 2.76 acres. Of that, the building will occupy 15,900 square feet, or 13.4 percent of the site. Parking and drives will occupy 1.75 acres, or 63.2 percent of the site. Open space will occupy .65 acres, or 23.4 percent of the site. A check of the Agency's maps indicated that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site plan. This site is adjacent to current commercial uses and is along major city street. Although this site is also adjacent to residential land, developing to the standards of the new ordinance will greatly increase the amount of screening and buffering between this commercial development and any current or future residential development. Mr. Bernard Feeney, 715 South Michigan Street, South Bend, Indiana, representing Mr. Robert Stephens, Member, Woodhaven LLC, 510 W. Jefferson, Mishawaka, Indiana, made the presentation for this bill. Mr. Feeney advised that the Petitioner is requesting a zone change from "A" Residential, "A" Height and Area District and "C" Commercial "A" Height and Area District to "C" Commercial "A" Height and Area District and "CB" Community Business District. The property south to be rezoned is located approximately 195 ft. Northeast of the intersection of Prairie Avenue and Olive Street (Locust Road) on the Southerly side of Prairie Avenue in the City of South Bend, Indiana. The rezoning is requested to allow for a self serve car wash and retail center. 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 as substituted. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 19 -04 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 416 W. LASALLE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman advised that there has been a request by the petitioner to strike this bill from consideration. Therefore, Councilmember Puzzello made a motion to strike this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes.