February 23, 2009

 REGULAR MEETING OF THE MISHAWAKA COMMON COUNCIL

February 23, 2009

                                                                                                                             

Be it remembered that the Common Council of the City of Mishawaka, Indiana met in the Council Chambers of the Mishawaka City Hall on Monday February 23, 2009 at 7:00 p.m. The meeting was called to order by President Ron Banicki, and all were asked to stand for the Pledge of Allegiance.

 

Clerk Block’s roll call showed the following;

Dale “Woody” Emmons 1st District Councilman – (Council Vice President) Present

Dave Wood 2nd District Councilman – Present

Ross Deal 3rd District Councilman - Present

Marsha McClure 4th District Councilman - Present

Michael Compton 5th District Councilman - Present

Ronald Banicki 6th District Councilman (Council President) Present

John Gleissner, Councilman At Large – Absent

Gregg Hixenbaugh, Councilman At Large – Present

John J. Roggeman, Councilman at Large –  Present 

A quorum was obtained.

 

Others present; Deborah S. Block, City Clerk,  Mary Ellen Hazen Chief Deputy I, Linda Dotson, Chief Deputy II, and Council Attorney Mike Trippel.

 

Clerk Block read a letter from the Board of Zoning Appeals regarding recommendations from their January 13, 2008 meeting.

 

            APPEAL NO. 2009-05         An appeal has been submitted by K & E

Limited Partnership, requesting a Use Variance

for 5714 North Main Street, to add one (1)

additional tenant for a total of three (3) contiguous businesses on the property.

                                                            RECOMMENDED APPROVAL

with the following conditions

 

1.      Three commercial tenants are permitted on the site based on the current building and 

      site layout.  If any of these uses change to a more intensive use, a final site plan shall

      be filed and any site deficiencies for the property shall be brought up to meet all

      current city ordinances and engineering standards.

 

Clerk Block read a letter from the Plan Commission regarding recommendations from their February 10, 2008 meeting.

 

            PETITION NO. 2009-02      A petition has been submitted by Douglas Road

Associates, requesting to amend the Douglas  

Meadows Planned Unit Development located

at recently annexed property at 15275 Douglas

Road and 15327 Douglas Road.  The proposed PUD

amendment will allow only a nursing facility and

accessory use.  FORWARD WITH NO     RECOMMENDATIONS

 

The Commission with a vote of 4-4 forwarded no recommendations.  The board considered the request with the following staff recommended conditions;

 

 

1.      Permitted uses within the proposed amendment shall be limited to a nursing facility

      and other accessory uses including but not limited to common dining, activity rooms,

      family rooms, and recreation spaces.

2.      Landscaping shall be provided as required by the standards of the C-1 General    

     Commercial Zoning District.

3.  One monument sign not exceeding 8’ in height and 60 square feet in area shall be

      permitted for the amended 6 acre site.

4.      The extension of all utilities to the site shall be at the developer’s cost and expense.

5.       Road improvements along Douglas Road shall be installed as determined by the Department of Engineering.

6.      Additional right of way and easements along Douglas shall be dedicated as part of the final site plan and shall be determined by the City Director of Engineering based on proposed construction.  Al minimum of 10-ft additional right of way shall be dedicated to the city.

7.      Access easements shall be provided to adjacent properties to the east and west.

8.      All site lighting shall be limited to 25 feet in height, 90-degree cut-off fixtures shall be required for both pole and wall mounted fixtures.  The Current City Ornamental Street Light Standard may also be substituted by the developer in lieu of the cut-off fixture requirement noted above.

9.      Total number of parking spaces required shall be at a ratio of: 1 space per 1,3000 sf for the nursing facility.

10.  Building and pavement setbacks shall be a minimum of 30’ from the proposed right-of-way of Douglas Road.  All other pavement setbacks from interior property lines shall be a minimum of 10’.  Any commercial development shall adhere to the C-1 General Commercial building and pavement setbacks with the 30-foot setback exception along Douglas Road.  A 0-foot pavement setback may be provided from property lines where internal access drives exist as indicated on the Preliminary PUD site plan, or as required herein.

11.  Building materials and architecture for any commercial development shall adhere to the Commercial Design Review Ordinance requirements.

 

 

The following proposed ordinance was given first reading, assigned to committee, and set for

public hearing at the next regular meeting

 

 

 

PROPOSED ORDINANCE NO. 2009-02

 

AN ORDINANCE AMENDING CHAPTER 137 OF THE MUNICIPAL OF THE CITY OF MISHAWAKA, INDIANA FROM TIME TO TIME AMENDED, COMMONLY KNOWN AS THE “THE ZONING, ORDINANCE OF 1966” OF

THE CITY OF MISHAWAKA, INDIANA

(PUD Amendment part of the Douglas Meadows Fir and Douglas Roads)

Assigned to Land Use Planning Committee

 

Clerk Block read RESOLUTION NO. 2009-05 opening it for public hearing.

 

RESOLUTION NO. 2009-05

 

A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MISHAWAKA, INDIANA, APPROVING A PETITION OF THE MISHAWAKA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT:.

5714 North Main Street, Mishawaka, Indiana

(Use Variance to allow 3 tenants within a C-1 Zoned Property 5714 N. Main Street)

 

        WHEREAS, the Indiana Code requires the Common Council to give notice of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and

 

            WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and

 

            WHEREAS, the Common Council is required to make a determination in writing on such requests; and

 

            WHEREAS, the Mishawaka Board of Zoning Appeals has made a favorable recommendation, pursuant to applicable state law, including the imposition of reasonable conditions, to wit, the recommendations of the Department of City Planning.

 

            NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MISHAWAKA, INDIANA, as follows:

 

            Section I.         The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code requesting that a Use Variance for property located at 5714 North Main Street, Mishawaka, Indiana, more particularly known and described as follows:

 

Part of the Southwest Quarter of Section 27, Township 38, Range 3 East, Harris Township, City of Mishawaka, St. Joseph County Indiana and Part of the Southeast Quarter of section 8, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana, Described as Follows:

 

COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP 38 NORTH TANGE 3 EAST SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SECTION 27, TOWNSHIP 38 NORTH, RANGE 3 EAST; THENCE NORTH 00 DEGREES 04 MINUTES 32 SECONDS EAST ON THE EAST LINE OF SAID SECTION 28 AND THE WEST LINE OF SAID SECTION 27, A DISTANCE OF 1246.66 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIDGE BOULEVARD AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 59 MINUTES 49 SECONDS WEST ON SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 124.0 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF MAIN STREET;  THENCE NORTH 00 DEGREES 46 MINUTES 37 SECONDS EAST ON SAID EASTERLY RIGHT-OF-WAYLINE, A DISTANCE OF 54.97 FEET; THENCE NORTH 30 DEGREES 15 MINTUES 01 SECOND EAST ON SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE, A DISTANCE OF 281.10 FEET; THENCE NORTH 23 DEGREES 56 MINUTES 38 SECONDS EAST ON NORTHEASTERLY 407.55 FEET ALONG THE ARC OF A CURVE TO THE LEFT AND THE EASTERLY RIGHT-OF-WAY LINE OF MAIN STREET HAVING A RADIUS OF 1557.39 FEET AND A CHORD BEARING NORTH 07 DEGREES 34 MINUTES 17 SECONDS EAST, A DISTANCE OF 406.39 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 32 SECONDS WEST PARALLEL TO THE WEST LINE OF SAID SECTION 27 AND THE EAST LINE OF SAID SECTION 28, A DISTANCE OF 823.39 FEET TO THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIDGE BOULEVARD; THENCE NORTH 89 DEGREES 59 MINTUES 49 SECONDS WEST ON SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 125.00 FEET TO THE POINT OF BEGINNING.  The total site size is approximately 1.70 acres.

 

The Use Variance will allow for a three (3) tenant commercial building on a C-1 General Commercial zoned property subject to the following condition:

 

  1. Three commercial tenants are permitted on the site based on the current building and site layout.  If any of these uses change to a more intensive use, a final site plan shall be filed and any site deficiencies for the property shall be brought up to meet all current City ordinances and engineering standards.

 

Section II.       Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition as recommended by the Mishawaka Board of Zoning Appeals, including the imposition of reasonable

conditions, to wit, the recommendations of the Department of City Planning, a copy of which is on file in the Office of the City Clerk.

 

            Section III.      The Common Council of the City of Mishawaka, Indiana, hereby finds that:

 

  1. Approval will not be injurious to the public health, safety, morals and general welfare of the community because all state and local building codes will be adhered to during construction;

 

  1. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because the area is located in a commercial corridor and the proposes uses are permitted in the C-1 General Commercial zoning district;

 

  1. The need for the variance arises from some condition peculiar to the property involved in that the size of the lot is not large enough to comply with the developmental standards of the C-2 Shopping Center Commercial District.  The C-2 standards require 50-ft building setbacks and 25-ft pavement setbacks from all property lines;

 

  1. The strict application of the terms of this chapter will result in practical difficulties in the use of the property because the small multi-tenant commercial use is not permitted on a single C-1 General Commercial lot; and
  2. The approval will not interfere substantially with the Mishawaka 2000 Comprehensive Plan because the plan identifies this area as Service Commercial.

 

Section IV.            This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor.

 

            PASSED by the Common Council of the City of Mishawaka, Indiana, this 23rd    day of February, 2009, at 7:06 o’clock  p .m.

                                                           

                                                                        Ronald S. Banicki                    /s/

                                                                        Presiding Officer

 

ATTEST:

 

Deborah S. Block                            /s/

Deborah S. Block, CMC, City Clerk

PRESENTED by me to the Mayor this  24th  day of  February 2009,

at 10:30   o’clock am.

 

                                                           

                                                                        Deborah S. Block__________/s/

                                                                        Deborah S. Block, CMC, City Clerk

 

APPROVED by me this 24th day of  February, 2009, at  11:12 o’clock a.m.

 

                                                                        Jeffrey L. Rea                      /s/

                                                                        Jeffrey L. Rea, Mayor


Keith Haza 2571West 900 North, Columbia City, Indiana said he was the Regional Director for Family Video, while K & E Limited Partnership has owned and operated the property since 1997.  He said their request was to add a third user along with the Video Store and Jersey Mikes Sandwich Shop they want to add a Mixers Package Liquor Store, and these are all allowed in a C-1 Zoning. Mr. Haza said they have 47 parking spaces which exceed the requirements; they would not require any off street parking and can use the existing space so they would not be changing the appearance of the building, except for signage for Mixers on the facade above the new entrance.   

 

Question was called for at 7:06 p.m. on RESOLUTION NO. 2009-05 with the vote being 8 to 0 in favor.

 

NEW BUSINESS

 

Mr. Emmons said he wanted to remind everyone there would be a Land Use Planning meeting at 4:00 p.m. Tuesday February 23 in the Council Conference Room with Burn’s Rental and the public was invited.

 

Mayor Rea’s State of the City Address. 

 

Mr. Emmons reminded everyone of his neighborhood watch meeting at St. Bavo’s, March 19th at 7:00 p.m.

 

There being no further business to come before the Council, President Banicki adjourned the meeting at 7:55 p.m.

 

Deborah S. Block                 /s/               ­Ronald S. Banicki         /s/

Deborah S. Block,                                   Ronald S. Banicki, President

City Clerk                                               Presiding Officer