05-11-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING MAY 11, 2009 th Attest: Adopted this 11 day of May, 2009 s/John Voorde, City Clerk s/Stephen J. Luecke, Mayor of South Bend Councilmember Ann Puzzello, 1247 East LaSalle, South Bend, Indiana, made the presentation for this Resolution by first offering his comments and then reading the Resolution in its entirety and presenting it to Chief Boykins. Chief Boykins, Cpl. Stewart; Sgt. Jim Walsh; Cpl. Shannon; Cpl. Ingle, thanked the Council for this honor. They stated that this is very special and has great meaning for the families of those officers who have lost their lives in the line of duty. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember Henry Davis made a motion to resolve into the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 13-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2517 & 2521 WESTERN AVENUE, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dieter made a motion to hear the substitute version of this bill. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with an unfavorable recommendation. th Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed use District to CB Commercial Business District to allow Collision Car Repairs. She stated that on site is a vacant commercial building. To the north is an alley and two vacant lots zoned SF2 Single Family and Two Family District. To the east is a junkyard zoned LI Light Industrial District. To the south is a beauty shop and 2 apartments. On the south side of Western Avenue is a vacant commercial building and a single family home zoned MU Mixed Use 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. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. The site is 7,200 square feet. The proposed auto repair will use 2,400 square feet of the existing building. The building covers 33% of the site. The paved area covers 4,800 square feet or 67% of the site. There is no measurable open space. The site has access from Western Avenue. The access to the car repair portion of the building is from the alley to the north. Prior to 2004, this property was zoned C Commercial. When the new zoning map and 3