04-09-01 Council Meeting Minutes

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REGULAR MEETING APRIL 9, 2001 the Juday Creek Flood Plain area and probably will not be developed. It is part of the larger parcel and therefore there are very minimal services at this stage to provide to the site. Full City services will be addressed at the future annexations. In the interim, the City will be capable of handling whatever health and safety issues may occur on the site between now and the time it is developed. Otherwise, the annexation meets all the requirements of the state law. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Coleman made a motion to adopt this Resolution. Councilmember Uj dak seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Coleman made a motion to resolve into the Committee of the Whole. Councilmember Aranowski seconded the motion which carried by a voice vote of nine (9) ayes. Chairman Ujdak presiding. BILL NO. 12 -01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3200 BLOCK OF ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA Councilmember Aranowski made a motion to accept the second substitute version of this bill for consideration. Councilmember Coleman seconded the motion which carried by a voice vote of nine (9) ayes. 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 petitioner is requesting a zone change from "C -1" Commercial and "C" Commercial, `B" Height and Area to "C -1 " Commercial, and "C" Commercial, "E" Height and Area to allow office and retail uses. The property currently is vacant land. Mr. Myers noted that access to the site is from Elwood Avenue. Water and sewer are available to the site. The total site to be rezoned is 1.02 acres. Of that, buildings will occupy twenty -one per cent (21 %) of the site, the parking and drives will occupy fifty -two per cent (52 %) of the site and twenty -seven per cent (27 %) of the site will remain as open space. The site plan is preliminary. Mr. Myers further noted that the Area Plan Commission, at its Public Hearing held on March 20, 2001, sent this petition to the Council with a favorable recommendation subject to a final site plan. The land use decision was previously made when it was approved by the Council on March 11, 1991 to rezone to "C" Commercial, "E" Height and Area and "C -1" Commercial, "E' Height and Area for office use only. Therefore, it is the Commission's opinion that shifting the "C" Commercial zoning line to the west and the proposed uses are reasonable for this site. The "C -1" Commercial zoned area was established by the Common Council when it zoned this area in March of 1991 to act as a buffer between the residential area to the west and the "C" Commercial area to the east. Offices were the intended use of the "C -1" area. The current petition, if approved, would result in moving the line to the west but still maintain a significant buffer. Mr. Mike Danch, President, Danch, Harper & Associates, Inc., 2422 Viridian Drive, Suite 201, South Bend, Indiana, made the presentation for this bill. Mr. Danch informed the Council that he represents the petitioner, Mr. and Mrs. Albert Mickelson, Il 1