01-28-02 Council Meeting Minutes

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REGULAR MEETING JANUARY 28, 2002 area will be located to the east portion of the site closest to Portage and there will also be a parking bay toward the north portion on Kinyon. The building will be connected to City water and sewer. There will be extensive landscaping along the north and west portions of the site to buffer this structure and parking areas from existing residential uses located to the west and northwest of this area. As part of the rezoning procedure, the petitioners have been in contact with the neighborhood associations in this particular area to advise them of the proposed plans and to get feedback on the site plan submitted. The residents have asked that Family Video not allow public telephones or vending machines in front of the building. Family Video agrees to this request and will make this stipulation as part of the site plan. Another concern of the residents is the existing sidewalk along Portage Avenue which is presently right against the curb line. The sidewalk will be moved back and a parkway area will be created. This will be in keeping with what the Portage Avenue Business Association is trying to do in this area. Mr. Danch noted that they will meet all the standards for drainage that is required as well as landscaping the signage. There will be lighting in the parking areas that will light the structure and the parking area for security purposes. In addressing some of the neighbors' concerns, it is noted that the building will have a large glass area toward the Portage and Kinyon sides to assure an open view of the parking areas. Councilmember Varner asked Mr. Danch to reiterate his comments from the afternoon committee meeting concerning the specificity of this rezoning. Mr. Danch stated that in the application for this rezoning it was specifically stated that this property will be used only for a video sales type facility. From a zoning standpoint, if Family Video left this site, no one could put in a gas station or a convenience store because the property will be held to this specific use and it would have to be rezoned for any other purpose. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Ms. Sherece Tolbert, Staff Member, Community Development, 1200 County -City Building, South Bend, Indiana, spoke in favor of this rezoning. She noted that Family Video has worked consistently with the neighborhood association and the Portage Avenue Steering Committee attending their meetings and re -doing their drawings based on the neighborhood and the steering committees concerns and trying to stay in line with the Portage Avenue Corridor Commercial Revitalization Plan as well as the Keller Park Neighborhood Strategic Action Plan. The Community Development staff is behind this project and the neighborhoods are also in support of this project. There being no one else present wishing to speak in favor of this bill and no one present wishing to speak in opposition to this bill, Councilmember Aranowski made a motion for favorable recommendation to full Council concerning this bill. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 116 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 2104 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember White reported that the Zoning & Annexation Committee met on this bill and sends it to the Council with a favorable recommendation. Mr. Jeff Myers, Staff Planner, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Myers advised that the petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a management office and a 2