05-14-01 Council Meeting Minutes

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REGULAR MEETING MAY 14, 2001 BILL NO. 23-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST EDISON ROAD AND THE 3500 BLOCK OF EAST KALE STREET 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. Brent Bajdek, Area Plan Commission, Room 1140 County -City Building, South Bend, Indiana, presented the report from the Commission. Mr. Bajdek advised that the petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow retail uses, offices and an existing accessory building. The property currently contains three (3) single family homes. Located to the north is a single - family home 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 south across Edison Road are single - family homes zoned "A" Residential, "A" height and area and multi - family dwelling units zoned `B" Residential, "A" height and area; to the west is an AEP substation zoned "D" Light Industrial "f' height and area. Access to the site is currently shown from Edison Road. Water and sewer will be available to the site. The drainage has not been addressed by the petitioner. The total site to be rezoned is 2.8 acres. There are no public wells, flood hazards, wetlands or environmental hazard areas present. The City Engineer believes that Kale Street should be developed and used as access to the property. The non - mountable barrier for the left turn lane approaching Hickory on Edison Road limits the usefulness of their eastern driveway. The Engineering Department also commented that the nearest feasible sewer is more than two thousand (2,000) feet away. A low lift grinder pump may be needed. Mr. Bajdek noted that the Area Plan Commission, at its Public Hearing held on April 17, 2001, sent this petition to the Council with a favorable recommendation subject to a final site development plan. It is the Commission's opinion that this is a suitable site for commercial development. Any further commercial expansion to the west would be limited by the presence of the electrical substation. Mr. Richard Morgan, Attorney, 53600 North Ironwood Drive, South Bend, Indiana, made the presentation for this petition. Mr. Morgan advised that he represents the Petitioner, Baugo Creek Realty. Baugo Creek Realty is the real estate development arm of Indiana Supermarkets, commonly known as the Rhodes Brothers, who have developed different grocery stores over the years, the most common one being the Save -A -Lot Store one of which has recently been constructed on Chapin Street. This petition rezones the numerous lots involved in the project to allow the construction of a Save -A -Lot Store and two (2) adjoining retail storefronts, one on either side of the store as well as preserving the two (2) story brick house that is located on the southwest corner of this property. The property in question is near the northwest corner of Edison and Hickory in South Bend. The brick house will be utilized for the corporate headquarters for Indiana Supermarkets who will be moving their headquarters from Mishawaka. Mr. Morgan further advised that the proposed store will be similar in size and design to the Save -A- Lot Store that is located on Chapin Street. Located on one of the corners is a 7 -11 convenient store which is in the City of Mishawaka, another corner contains vacant land for sale for commercial and the southwest corner of the intersection contains the office of a land management company. Only one (1) of the four (4) corners has a single family residence that will remain after this rezoning and development takes place. Mr. Morgan advised that at the Area Plan Commission some concerns were raised by residents which he would like to address. One concern is over an alley that comes in off of Edison. That alley will remain. The alley is not on the property site but is adjacent to the property that is being developed. There was another concern about traffic on Edison which is a five (5) lane road at this corner. Mr. Morgan stated that the traffic is already at this intersection and the development will not