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HomeMy WebLinkAboutAmend zoning for 3101 and 3113 Lincon Way WestORDINANCE No. 10426 -16 Passed by the Common Council of the City of South Bend, Indiana February 22, 20 16 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 23, 20 16 City Clerk Approved and signed by me G G �3 20 F2;11 Nn . D4 -[4 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3101 and 3113 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone the property in order to allow for the continuation and expansion of the industrial property to the north. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots 229, 230, 231, 232, 233 of Lincoln Terrace Addition and the south half of the vacated alley north of and adjacent to Lots 229 -233 of Lincoln Terrace Addition be and the same is hereby established as GI General Industrial District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the � day of , 2 U I (o , at o'clock a . m. 4LCity Clerk Approved and signed by me on the 23 day of r 22SL9', at 1: 0 • o'clock M. Mayor, City o uth d, Indiana i st - kPA'DiRG PUBLIC FFA?i IC 3 rd RZADING 'N'OT AP:P:ROV0 REFEkRED PAM, Filed i1" Clerk ®s Office CITY CL RK, SOUOTH SEND, IN a I C9 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Wednesday,FPE SON 'TT '.2,i� " 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Kuert Concrete Inc. to zone from CB Community Business District to GI General Industrial District property located at 3101 -3113 Lincolnway West, City of South Bend - APC# 2773 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Kuert Concrete Inc. was legally advertised on Thursday, February 04, 2016 and that the Area Plan Commission at its public hearing on Tuesday, February 16, 2016 took the following action: Upon a motion by John DeLee, being seconded by Jerry Thacker and unanimously carried, a proposed ordinance of Kuert Concrete Inc. to zone from CB Community Business District to GI General Industrial District , property located at 3101 -3113 Lincolnway West, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. This rezoning will allow for the extension of an existing business. The addition of the fencing and a monument sign, along with the landscaping will increase the site's curb appeal and enhance and support the City's efforts to improve the Lincolnway West Corridor, a gateway into the city. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: Kuert Concrete Inc. Filed in lice FED KAREEn CITY CLERK IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J OS E PH C 0 U N T Y I N D I A NA_ C 0 M/ A R E A P L A N Sta Report 2/5/2016 APC # 2773 -16 Owner: Kuert Concrete Inc. Location: 3101 -3113 Lincolnway West Jurisdiction: City of South Bend Public Hearing Date: 2/16/2016 Requested Action: The petitioner is requesting a zone change from CB Community Business District to GI General Industrial District, and seeking 5 variances from the development standards. Land Uses and Zoning: On site: On site is an outdoor display and storage area for concrete products. North: To the north is a concrete manufacturing facility zoned GI General Industrial District. East: To the east across Terrace Avenue is a vacant lot zoned MU Mixed Use District and single family homes zoned SF2 Single Family & Two Family District. South: To the south across Lincolnway West is an auto parts store zoned CB Community Business District. West: To the west across Bendix Drive is an auto parts store zoned CB Community Business District. District Uses and Development Standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial / mixed use districts by less intense industrial districts. Site Plan Description: This site consists of two lots, totaling 0.71 acres. Existing on site is an outdoor merchandise display area and parking owned by, and associated with, the larger property to the north. The site plan proposes a 6' high vinyl fence along Terrace Avenue. The fence along Lincolnway is proposed at a height of 6', from Terrace Avenue heading northwest for approximately 50', then steps down to a 4' for the remainder. A 78 square foot monument sign is proposed along Lincolnway West. No buildings or structures are proposed. Zoning and Land Use History And Trends: This property has been zoned commercial since prior to 1999. Traffic and Transportation Considerations: Bendix Drive and Lincolnway West have four lanes with a center turn lane. Utilities: This site does not propose to utilize sewer or water. APC # 2773 -16 Page 1 of 3 Staff Report Agency Comments: County Surveyor, City Engineer, and the Department of Community Investment recommend approval. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: This petition is not consistent with the West Side Main Streets Revitalization Plan. However, this site is an extension of a long established use at this location. Land Use Plan: The future land use map identifies this area as a Mixed -Use Node. Plan Implementation /Other Plans: No other plans exist for this area. 2. Current Conditions and Character: 2/5/2016 The intersection of Lincolnway West with Bendix Drive has developed as a commercial node with a mixture of retail, service, and industrial uses. 3. Most Desirable Use: The most desirable use is one that enhances the aesthetic nature of Lincolnway West as a "gateway" into the city, while also providing economic and service benefits to the area. 4. Conservation of Property Values: Due to the fact that there is already an existing concrete plant at this intersection, allowing it to be properly zoned should not negatively impact the surrounding property values. 5. Responsible Development And Growth: It is responsible growth and development to allow this site to develop as a buffer between the industrial use to the north and the other commercial uses along the corridor. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and 5 variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. The Variances are as follows: 1) From the required 30' front yard setback for outdoor storage to 0' along Terrace Avenue nd to 5' along Lincolnway West; 2) From the required Type B: Partial Screening landscaping of utdoor storage to none; 3) From the required minimum 6' height of a required screening fence fonutdoor storage to 4' on the south property line and to no fence on the west side of outdoor storagerrea; 4) From the required landscaping of required perimeter yards to none; and 5) From the maximurrallowable sign surface area of 64 square feet for a monument sign to 78 square feet. APC # 2773 -16 Page 2 of 3 Staff Report 2/5/2016 State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. - Public safety will not be impacted by the location of the fence within the established setbacks, since it will still be outside of all clear sight triangles. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. - Installing a vinyl fence to screen the concrete materials will improve the appearance of the property from the street. If installed, landscaping along Lincolnway West will add to the appearance and help protect surrounding property values. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. -The strict application will limit this site's ability to continue functioning as a display and storage area for concrete products. While the use requires industrial zoning, the setbacks along Lincolnway are generally much less than required by code. The staff notes that any material being stored on the property may not extend higher than the lowest section of fence (4'). The staff would like to encourage the continuation of the 4'. fence along the western portion of the storage area to provide better screening. The staff sees no practical difficulty which would limit the owner from installing perimeter trees along Lincolnway West, as required by the ordinance, and therefore recommends against that portion of variance 4. Recommendation: Based on information available prior to the public hearing, staff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variances subject to installing the 4' fence along the west side of the outdoor storage area and providing perimeter landscaping on Lincolnway West. Analysis: This rezoning will allow for the extension of an existing business. The addition of the fencing and a monument sign, along with the landscaping will increase the site's curb appeal and enhance and support the City's efforts to improve the Lincolnway West Corridor, a gateway into the city. APC # 2773 -16 Page 3 of 3 M1 yr. _ L 's - , J_I. L — '•� I I.11`P I_ti - III � h 71 7 r � I � I I �' • I � -- j �)V rm • , is - -_ 31'� r rr} 11 - AIR 11 - 1 711 a; o�'arcn r ��..��r.�'y. -1� Y13' - �j i ■_ {� - � � l - �� ' t _ -,_ r � < "r� �+��,y'' �� � - � "] r. Ott 1 `.. _!� � i ■.P... �t3 � fl �. _- �� �� � �: 7 1 'f� � � � 1 '�A 3 ", s- PfA If � I AL L # r T �^,. ; •a I ��k. r � S I T.: I �` � —� �G:'r� { �� I �r -s y', Rezoning from: CITY OF SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT to "GI" GENERAL INDUSTRIAL DISTRICT MASTER ZONING KEY SOUTH BEND "SF2"SINGLE FAMILYAND T)j? O FAMILYDI 1RICFF11ed in Clerk's Office SOUTH BEND -MU "MIXED USE DISTRICT SO U T H 8 E N D '18 *10 CAL BU SI N E SS D ISTRIC T Off .s SOUTH BE ND "'CB "COMMUNITYBUSINESS DISTRICT SOUTH BEND "LI" LIGHT INDUSTRIALDISTRICT 4j—'L SOUTH BE ND "G f' GE NE RAL IN DUSTRIAL DISTRICT FEB 1 71016 CITY CLEP � ` FIEND, IN N W . r' E S inch = 200 feet # 2773-16 t4:010"' LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (S 74) 235 -9571 January 6, 2016 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: APC #2773 -16 — Rezoning for property located at 3101 -3113 Lincolnway. Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your January 11, 2016 Council meeting, and set it for public hearing at your February 22, 2016 Council meeting. The petition is tentatively scheduled for public hearing at the February 16, 2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Angela M. Smith Deputy Director Filed In eisrrs t.3ff�'�,-- J01 N VOOR©E CITY CORK $OUT" SEND. IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . ST 10 S E PH C 0 U N T Y I N D I A N A . C 0 M I A R E A P L AN PETITION FOR ZONE MAP AMENPMETR City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 3101 -3113 Lincolnway West South Bend, IN 46628 2) The property Tax Key Number(s) is /are: 018 -2042- 145301, 018 -2042- 145302, 018 - 2042 -1450 3) Legal Descriptions: Lots 229, 230, 231, 232, 233 of Lincoln Terrace Addition and the south half of the vacated alley north of and adjacent to Lots 229 -233 of Lincoln Terrace Addition and the triangle parcel on the north end of lot 229 4) Total Site Area: Enter total acreage being rezoned 5) Name and address of property owner(s) of the petition site: Kuert Concrete Inc 3402 Lincolnway West South Bend, IN 46628 574- 232 -9911 brad.webb @kuert. coni Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: N/A Name and address of additional property owners, if applicable: 1) It is desired and requested that this property be rezoned: From: CB Community Business District N/A To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Outdoor storage, outdoor display IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff ifyou need assistance. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: See attached document (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: See attached document (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See attached document IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: N/A (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: N/A (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: N/A (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. N/A * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Brad Webb 3402 Lincolnway West South Bend, IN 46628 574- 232 -9911 brad.webb @kuert. corn BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): List of Requested Variances 1. From the required thirty (30) feet front yard setback for outdoor storage to zero (0),feet along Terrace Ave and five (5) feet along Lincolnway West. 2. From the required Type B Partial Screening landscaping of outdoor storage to no landscaping.. 3. From the required minimum height of a screening fence for outdoor storage of six (6) feet to a height of four (4) feet on the south and no fence on the west side of outdoor storage area. 4. From the maximum sign surface area of sixty -four (64) square feet for a monument sign to seventy -eight (78) square feet. 5. From the required landscaping of required perimeter yards to no landscaping. Statements on how the following standards for the granting of variances are met: a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. Requested Variance #1 a) The property has been used exclusively for outdoor storage since the demolition of the structure on Lot 229 in 2013. Continued outdoor storage within the required setback areas will have no negative impact on community welfare. b) The use and value of the area adjacent to the properties would not be impacted by the continued outdoor storage within the setback areas. c) Adherence to the setback requirements for outdoor storage would considerably limit the intended utilization of the property for outdoor storage. Requested Variance #2 a) The absence of the required landscaping to supplement the fencing shall have no impact to community welfare. b) The value and use of adjacent areas shall not be impacted by the absence of required supplemental landscaping. c) Installation of required landscaping would reduce the amount of usable outdoor storage space. This variance request seeks to maintain the landscape plan approved in the West Side Corridors grant agreement. Requested Variance #3 a) The proposed fence height of four (4) feet will provide screening of outdoor storage, but will not restrict views of the adjacent retail building. The absence of a fence along the west side of the outdoor storage area shall present no change to the surrounding community, as this outdoor storage area has not been screened in the past. b) The surrounding properties would benefit from the improved aesthetics provided by a screening fence, despite the entire outdoor storage area not being screened from view. c) A required fence height of six (6) feet would restrict pedestrian and motorist views of the adjacent retail building along the south property line. Installation of a fence along the west side of the storage area would restrict our ability to display retail concrete products. This variance request seeks to maintain the fencing as approved in the West Side Corridors grant agreement. Requested Variance #4 a) The relatively small additional sign surface area requested should have no impact on the surrounding community. The sign will not interfere with any clear sight area requirements. b) The use and value of the adjacent area will not be negatively impacted by the installation of an electronic sign with a calculated sign surface area of seventy -eight (78) square feet.. c) Preliminary work has already begun for the construction of an electronic sign, as outlined and approved in the West Side Corridors grant agreement, which is in compliance with the property's current CB zoning. The subsequent need for rezoning renders the current sign design non - compliant because of the reduced allowable sign surface area regulations for a GI district. Requested Variance #5 a) The parcels currently do not contain any landscaping in the required perimeter yards. Allowing the properties to continue without landscaping will present no change to the surrounding community. b) The use and value of adjacent properties will not be impacted by waiving the landscaping requirement. c) This variance request seeks to maintain the landscaping as approved in the West Side Corridors grant agreement. This includes the installation of two (2) deciduous trees, ornamental grasses, flowers, colored mulch, and a grass lawn. 4 ■ i ,. DIM 5f e 'tea tii .� / _ 1.•� .r LIA& ME r a Staff Report 2/5/2016 APC # 2773 -16 Owner: Kuert Concrete Inc. Location: 3101 -3113 Lincolnway West Jurisdiction: City of South Bend Public Hearing Date: 2/16/2016 Requested Action: The petitioner is requesting a zone change from CB Community Business District to GI General Industrial District, and seeking 5 variances from the development standards. Land Uses and Zoning: On site: On site is an outdoor display and storage area for concrete products. North: To the north is a concrete manufacturing facility zoned GI General Industrial District. East: To the east across Terrace Avenue is a vacant lot zoned MU Mixed Use District and single family homes zoned SF2 Single Family & Two Family District. South: To the south across Lincolnway West is an auto parts store zoned CB Community Business District. West: To the west across Bendix Drive is an auto parts store zoned CB Community Business District. District Uses and Development Standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial / mixed use districts by less intense industrial districts. Site Plan Description: This site consists of two lots, totaling 0.71 acres. Existing on site is an outdoor merchandise display area and parking owned by, and associated with, the larger property to the north. The site plan proposes a 6' high vinyl fence along Terrace Avenue. The fence along Lincolnway is proposed at a height of 6', from Terrace Avenue heading northwest for approximately 50', then steps down to a T for the remainder. A 78 square foot monument sign is proposed along Lincolnway West. No buildings or structures are proposed. Zoning and Land Use History And Trends: This property has been zoned commercial since prior to 1999. Traffic and Transportation Considerations: Bendix Drive and Lincolnway West have four lanes with a center turn lane. Utilities: This site does not propose to utilize sewer or water. APC # 2773 -16 Page 1 of 3 Staff Report 2/5/2016 State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. (1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community. - Public safety will not be impacted by the location of the fence within the established setbacks, since it will still be outside of all clear sight triangles. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. - Installing a vinyl fence to screen the concrete materials will improve the appearance of the property from the street. If installed, landscaping along Lincolnway West will add to the appearance and help protect surrounding property values. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. -The strict application will limit this site's ability to continue functioning as a display and storage area for concrete products. While the use requires industrial zoning, the setbacks along Lincolnway are generally much less than required by code. The staff notes that any material being stored on the property may not extend higher than the lowest section of fence (4'). The staff would like to encourage the continuation of the 4' fence along the western portion of the storage area to provide better screening. The staff sees no practical difficulty which would limit the owner from installing perimeter trees along Lincolnway West, as required by the ordinance, and therefore recommends against that portion of variance 4. Recommendation: Based on information available prior to the public hearing, staff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variances subject to installing the 4' fence along the west side of the outdoor storage area and providing perimeter landscaping on Lincolnway West. Analysis: This rezoning will allow for the extension of an existing business. The addition of the fencing and a monument sign, along with the landscaping will increase the site's curb appeal and enhance and support the City's efforts to improve the Lincolnway West Corridor, a gateway into the city. APC # 2773 -16 Page 3 of 3 Rezoning from: CITY OF SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT to "GI" GENERAL INDUSTRIAL DISTRICT MASTER ZONING KEY SOUTH BEND "SF2 "SINGLE F.AMILYAND TWO FAMILYDI SOUTH BEND "MU'MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT 1 SOUTH BEND ` CB "COGII.IUNITYBUSINESSDISTRICT SOUTH BEND "LI " LIGHT INDUSTRIALDISTRIC SOUTH BEND "GI- GENERAL INDUSTRIAL DISTRICT IcFiled in Clerk's Office PE B 17 2016 KAPF " WLER CITY CLEPi' MEND, IN N w 4E 1 inch = 200 feet 2773 -1