07-08-13 Common Council Meeting Minutes

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REGULAR MEETING JULY 8, 2013 BILL NO.16-13 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3529 AND 3527 WESTERN AVENUE, SOUTH BEND, INDIANA 46619, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this bill to the full Council with no recommendation. th Christa Nayder, Staff Member, 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 LB Local Business District; a Special Exception Use to allow a gasoline service station; and eleven variances. On site is an existing convenience store and a single family home. To the north, across the alley, are single family homes and a church zoned SF2 Single Family and Two Family District. To the east is a vacant house with a business front zoned MU Mixed Use District. To the south, across Western Avenue is a parking lot zoned LB Local Business District. To the southwest is a vacant commercial business zoned MU Mixed Use District. To the west is a convenience store zoned LB Local Business District. The LB Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. The total area of the two lots is approximately ¼ of an acre. There is an existing 1,733 square foot convenience store building covering 17% of the site. Gasoline pumps and nine parking spaces are proposed. Foundation landscaping is proposed for the west side of the building. There will also be two streets trees along Kenmore, with approval form the City Forester, and evergreen screening around the dumpster. Paving will cover 73% of the site. The property at the northeast corner of Western and Wellington, approximately one block to the west, was rezoned to CB Community Business District for automotive related uses in 2010. Prior to the map change in 2004 the north side of Western Avenue, from Chicago to Meade, was all zoned C Commercial. Western Avenue has four lanes. Kenmore Street has two lanes. The property is currently served by public water and public sewer. The City Engineer had no comments. We have not received comments from the Department of Community Investment. The petitioner is not proposing any written commitments. City Plan, South Bend Comprehensive Plan (November 2006) Objective LU 1: Plan for the future of the community’s districts, neighborhoods and corridors. Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective LU 2.4: Provide buffer spaces between non-comparable uses. The Future Land Use Map identifies the areas along Western Avenue as Commercial and Mixed use. Western Avenue Commercial Corridor Revitalization Action Plan (June 1999) The Market Development objectives include attracting developers, merchants, and small business owners, and encouraging new development. A Vision Plan for the Commercial Corridor of the Western Avenue of South Bend, Indiana (February 2003). Items in the Mission Statement include, improve the business climate and improve the appearance of property and infrastructure on Western Avenue. Western Avenue is a busy and traditional commercial corridor. Changing business patterns have negatively affected the properties, but new businesses are marking an effort to locate within the corridor. The most desirable use along this commercial corridor is a commercial use. The expansion of an existing business, when properly buffered, should have a minimal effect on surrounding property values. It is responsible development and growth to allow for a variety of adaptive reuses along a commercial corridor. Ms. Nayder advised that the staff comments this is a combined rezoning and special use exception, and a number of variances from the development standards. She reiterated that the rezoning is from MU Mixed Use to LB Local Business District and the Special Exception Use is for a gasoline service station. She noted that the petitioner requested 11 variances and are listed on the Area Plan Staff Report. Ms. Nayder stated that this site was previously proposed for the same use in September 2012. It was sent by the Area Plan Commission with a favorable recommendation to the Common Council. 2