12-09-02 Council Meeting Minutes

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REGULAR MEETING DECEMBER 9, 2002 three thousand nine hundred sixty (3,960) square feet. Of that the buildings will occupy thirty -three per cent (33 %) of the site, the parking and drives will occupy eighteen per cent (18 %) of the site and forty -nine per cent (49 %) of the site will remain as open space. A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. The site plan is preliminary. The City Engineer will require a drainage plan at the final site plan stage. A Special Exception will be necessary for the residential portion of this building if this site is rezoned to "C" Commercial by the Common Council. Mr. Myers further advised that based on its Public Hearing held on November 19, 2002, the Area Plan Commission sent this petition to the Council with a favorable recommendation subject to a final site development plan. The site is currently zoned "C -1" Commercial which allows for some commercial uses. It is the Commission's opinion that the proposed zoning and use is reasonable for this site and should not have a detrimental effect on the surrounding area. However, it must be noted that many changes and improvements may be needed for the site plan prior to final site plan approval. Those changes include making sure everything is up to date and complies with the ordinance in terms of showing setbacks and making sure the proper notes and variances are marked on the site plan. At this time, Mr. Myers provided an overhead presentation of the site including maps and photos. Mr. Don MacDonell, Wightman Petrie Environmental, the owner of the property, no address given, made the presentation for this bill. Mr. MacDonell advised that this rezoning is being requested in order to have a dual use of commercial and residential use for this property. The rezoning will fit well with their tenants needs and they feel that it fits in well with the surrounding properties in the area. 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 Coleman made a motion for favorable recommendation to full Council concerning this bill. Councilmember Kelly seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 78 -02 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 S. NOTRE DAME AND 910 E. WAYNE /916 E. WAYNE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Coleman made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember White advised that the Zoning and Annexation Committee held a Public Hearing on this bill 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 stated that the petitioner is requesting a zone change from "D" Light Industrial, `B" Height and Area to "A -3" Mixed Use, `B" Height and Area to allow a single family residential use, office uses, and educational uses /art studio. The property currently contains commercial structures. Located to the north are single family homes zoned `B" Residential, `B" Height and Area; to the east are commercial businesses zoned "D" Light Industrial, "E" Height and Area; to the south are industrial uses zoned "D" Light Industrial, `B" Height and Area; and to the west across Notre Dame -5-