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06-23-08 Common Council Minutes
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06-23-08 Common Council Minutes
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REGULAR MEETING JUNE 23, 2008 <br /> <br /> <br /> <br /> <br />PUBLIC HEARINGS <br /> <br /> <br />BILL NO. 18-08 PUBLIC HEARING ON A BILL OF THE <br /> COMMON COUNCIL OF THE CITY OF <br /> SOUTH BEND, INDIANA, ANNEXING <br /> TO AND BRINGING WITHIN THE CITY <br /> LIMITS OF SOUTH BEND, INDIANA, <br /> AND AMENDING THE ZONING <br /> ORDINANCE FOR PROPERTY <br /> LOCATED IN GERMAN TOWNSHIP <br /> CONTIGUOUS THEREWITH; <br /> COUNCLMANIC DISTRICT ONE, <br /> WILLIAM A. GEYER, 52610 PORTAGE <br /> RD., SOUTH BEND, INDIANA <br /> <br />Councilmember Al “Buddy” Kirsits reported that this Committee met this afternoon and <br />it was the consensus of the Committee to send this bill to the full Council with a <br />favorable recommendation. <br /> <br />th <br />Mr. Mark Lyons, Staff Member, Area Plan Commission, 11 Floor County-City <br />Building, South Bend, Indiana, presented the report from the Area Plan Commission. <br /> <br />Mr. Lyons advised that petitioner is requesting a zone change from R Single Family <br />District (County) to CB Community Business District (City) to allow <br />commercial/restaurant uses. <br /> <br />The site is currently vacant land. To the north are businesses zoned CB Community <br />Business District. To the east are apartment’s zoned MF2 High Density Multifamily <br />District. To the south are businesses zoned CB Community Business District. To the <br />west are businesses zoned CB Community Business District. The CB Community <br />Business District is established to provide a location for high volume and high intensity <br />commercial uses. Activities in this district are often large space users which may include <br />limited amounts of outdoor sales or outdoor operations. The site is approximately 0.85 <br />acres. The site plan shows a proposed 4,500 square foot building. Buildings will cover <br />approximately 12% of site. The proposed development indicated 25 parking spaces. <br />Parking and drives will consist of approximately 49% of the site. The remaining 39% of <br />the site will consist of open space. One access point is provided off of Portage Road. <br />The petitioners are requesting a variance of the rear yard set back form 20’ to 10’. There <br />have been several rezoning and annexations in the area within the past several years for <br />both commercial and office type developments. Portage Road has four lanes and widens <br />to four lanes plus a turn lane at its intersection with Appaloosa. The site will be served <br />by municipal sewer and water. The rezoning is consistent with the comprehensive plan’s <br />Future Land Use Map. The site is currently vacant. The area is a mixture of commercial <br />and multifamily in character. The most desirable use of the property is commercial. The <br />surrounding property values should not be affected by the rezoning. It is responsible <br />development and growth to allow infill development in a commercial area. Based on <br />information available prior to the pubic hearing, the staff recommends that this petitioner <br />be sent to the Common Council with a favorable recommendation subject to a written <br />commitment that will provide a 24’ wide ingress & egress easement to connect with the <br />easement provided on the property to the north. The rezoning is a logical expansion and <br />in-fill of the existing commercial area. The property, which is currently within St. Joseph <br />County, is surrounded by the City of South Bend. The rezoning will compliment the <br />existing land uses in the area. <br /> <br />Mr. Bernard Feeney, Registered Land Surveyor, 715 South Michigan Street, South Bend, <br />Indiana, made the presentation for this bill on behalf of Mr. William A. Geyer, the owner. <br /> <br />Mr. Feeney advised that this is a petitioner for voluntary annexation and for the zoning of <br />0.85 acres located in German Township, St. Joseph County, Indiana, and has been field <br />by 100% of the owners of the land in the territory sought to be annexed. Mr. Feeney <br /> 11 <br /> <br />
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