06-23-08 Common Council Minutes - Laserfiche WebLink

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