05-24-99 Council Meeting Minutes

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REGULAR MEETING MAY 24, 1999 He noted that the proposed rezoning would be an unprecedented intrusion into the neighborhood when the Western Avenue Corridor Plan is still in the state of evolution. Mr. Ford also informed the Council that the buffer that has been proposed is one hundred feet (100') from the building and not the lot line. In conclusion Mr. Ford asked the Council to deny this request. The residents are not anti - business they are pro- neighborhood. Mr. Kevin Butler, Attorney at Law, 131 South Taylor Street, South Bend, Indiana, informed the Council that he represents Mr. Becker the owner of the Belleville Shopping Center. Mr. Butler stated that since Mr. Becker acquired the Belleville Shopping Center he has been able to get good tenants and make improvements. In response to a previous comment, he stated that the parking area of the shopping center is in good condition and CVS has not complained about the condition of the lot. The issue is not CVS or Belleville but what the neighbors want for their area. Mr. Butler explained to the Council the trade proposal which Mr. Moyer previously mentioned. Mr. Butler outlined the composition of the area for the Council. Mr. Zappia, in rebuttal, informed the Council that the petitions submitted contain a large number of individuals in favor of this project. He noted that some of the residents who are not selling their properties are in favor of the project. He stated that traffic will not be an issue as the business will feed off of existing traffic and it is anticipated that there will be approximately twenty -seven (27) cars in and out during a peak period. Mr. Zappia stated that not approving this project would be a two million dollar ($2,000,000.00) loss to the City. During the Council portion Councilmember King inquired of the status of the Western Avenue Corridor Plan. Ms. Ann Kolata, Deputy Executive Director, Community & Economic Development, 1200 County - City Building, South Bend, Indiana, informed the Council that the Plan is still in the process and is nearing completion. She explained the planning process from the initial phase until completion. The plan is being completed by Business Districts, Inc. One of the issues of concern in this particular corridor is the depth of the lots many of which are very shallow compared to a traditional lot size. Ms. Kolata noted that it is difficult to get development for a shallow lot. The developer would need to go deeper into the neighborhood. What has to be balanced is the neighbors concerns versus what development can be put into the space available. CouncilmemberUjdak thanked Mr. Moyer for contacting the CVS office in Indianapolis concerning the Lincolnway West store. He stated that the issue is whether or not this project is the appropriate land use. There is not a land shortage and it's not the Council's position to get into negotiations. This issue could set a precedent. Mr. Uj dak read a portion of a letter which he submitted to the Area Plan Commission at the time of their Public Hearing. He stated that he cannot support this project at this time. Perhaps when the Western Avenue Corridor Plan is in place the Council could look at this project again. Councilmember Hosinski stated that he will support this project. As a Councilman at large he is looking at the greater picture and is looking at the greater west side and not just the district. Councilmember Kelly inquired if this matter could be continued until the Western Avenue Corridor Plan is in place. Council Attorney Kathleen Cekanski- Farrand stated that even though state law has changed and the maximum length of time the Council has to act on these types of matters has been extended to ninety (90) days from when they receive a recommendation from the Area Plan Commission, the deadline for the Council to act on this matter would be its next meeting in June. Ms. Kolata stated that Business Districts, Inc.'s plan is expected within the next two (2) weeks but it would not be adopted by the Area Plan Commission and the Common Council that quick. Council President Coleman stated that the Council is concerned about the future of all commercial corridors and for the first time have actual dollars to back up efforts to try to better plan for the future of the commercial corridors. President Coleman stated that the Council are stewards of the current