06-08-09 Zoning and Annexation Committee Meeting

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Zoning and Annexation Committee June 8, 2009 Page 2 Dr. Varner then made a motion, seconded by Council Member LaFountain to send Substitute Bill No. 62-08 and the most recent version of the written commitments to the Common Council with a favorable recommendation. The motion passed. Substitute Bill No. 20-09: Rezoning Request for 3423 and 3507 South Michigan Street Council Member Oliver J. Davis called for a report from the Area Plan Commission on Substitute Bill No. 20-09 which is a rezoning request for the property located at 3423 and 3507 South Michigan Street with contiguous land, all of which is located in the 6~` Councilmanic District. Joel Klug, a Planner, with Area Plan reported that Substitute Bill No. 20-09 had a public hearing at the May 19, 2009 Area Plan Commission meeting. The substitute bill is sent to the Common Council with a favorable recommendation. Wendy K. Walker-Dyes, an attorney with Baker Daniels with offices in downtown South Bend made the formal presentation. She noted that the proposed ordinance of SouthGate Church, Inc. F/K/A Calvary Temple-South Bend Gospel Tabernacle, Inc. would rezone the property in question from MU Mixed Use District to SF 2 Single Family and Two Family District. The rezoning will allow for the adaptive re-use of a vacant building once used as a furniture store. A school for K-5~' grade is proposed for 300 students. The developers will invest $1 %Z million into upgrading the building. In response to a question from Council President Dieter, Ms. Walker-Dyes noted that a school is not permitted in a mixed use zone and that is why the rezoning is required. During the public hearing, Ed Friend of 3305 South Michigan spoke in favor of the substitute bill. He noted that he lives in asingle-family dwelling just five (5) houses north of the area in question. He voiced concern that the city does not have a "school zone district" for such educational facilities. Mr. Friend also voiced concern about the 3200 to 3600 blocks of Michigan. He noted that as a retired member of the South Bend Police Department, those blocks are known for prostitution and .drug activities and he hopes that the school children will not be exposed to those illegal activities. Daniel Herbster of 60149 Main Street in South Bend, noted that he is a board member of the Indiana Schools for Excellence. He stated that the Board is doing everything possible to have the property in question ready for the 2009-2010 school year. He stated that it is imperative for the property to be properly remodeled so that school at that location can begin on time. Isaac Hunt of 138 East Broadway in South Bend, stated that he is another board member of the Indiana Schools for Excellence. He and Mr. Herbster showed drawings from Ancon Construction Company, inc. of the proposed school and how it will be remodeled for this adaptive re-use. The Xavier School of Excellence will be a charter school and will have a "Wall of Honor" to list those who have contributed and given community support for the project. Mr. Hunt stated that: • The front windows of the school will be frosted • Each classroom will have no more than 25 students with two (2) teachers