HomeMy WebLinkAbout40-16 Rezoning 2793-16 - 4246 Meghan Beeler Courtr
FL
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 (574) 235 -9571
September 21, 2016
South Bend Common Council
4'h Floor, County -City Building
South Bend, IN 46601
RE: Bill #40 -16
Rezoning: 2793 -16 - 4246 Meghan Beeler
Dear Council Members:
Filed in Glsrk' Office
SEP,2 1 ?016
KAREEAMAI.1=G5r<t+'LER
CITY CLERK, SQ H EW",, IN
The Area Plan Commission held a public hearing on September 20, 2016 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday, September 26, 2016.
Petition Amendments:
The following changes have been made to the above referenced petition:
1.) The petition was updated to include a variance.
A copy of the revised Petition is attached.
Public Hearing Summary:
There was no one that spoke in favor /opposition to the proposed rezoning.
If you have any further questions, please feel free to contact me at (574) 235 -9571.
Sincerely,
aeLep��
Keith Chapman, Planner
CC: Kathleen Cekanski - Farrand
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T J O S E P H C O U N T Y INDIANA. CO MIA R E A P L A N
i
PETITION FOR ZONE MAP AMENDMENT
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.
I ) The property sought to be rezoned is located at:
4246 Meghan Beeler Ct
South Bend IN 46628
2) The property Tax Key Number(s) is /are: 025- 1013- 020710
3) Legal Descriptions: West Cleveland Road Industrial Park Section Two
4) Total Site Area: 5.32 Acres
5) Name and address of property owner(s) of the petition site:
Cook Land Group LLC
4734 Rockford Plaza Dr
Louisville KY 40216
(502)410 -1901
scook@superiorvan. cony
Name and address of additional property owners, if applicable:
6) Name and address of contingent purchaser(s), if applicable:
Name
Address
City, State Zip Code
Phone number with Area Code
E -Mail Address
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
Fled in Clerks office
SEP 12016
KAPEEMAH FOWLER
From: LI Light Industrial District Additional zoning district, if applicable
To: GB General Business District
SEP 0 6 2016
AREA PLAN COMMISSION
8) This rezoning is requested to allow the following use(s): to allow for Superior Van do Mobility, an industry leader
providing state -of- the -art mobility solutions for the consumer and commercial transportation industry, to renew its
auto dealer license.
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section):
1) Applicant is seeking variance relieffrom the Type A perimeter landscaping requirement in Zoning Ordinance
Section 21 -07
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: Relief if granted for the landscaping will ensure saftty for the general public as they enter
and exit their vehicles. The ordinance as strictly enforced would permit larger plantings where
obstructions would be present and reduce clear line -of =sight for the motorists.
(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: The properties adjacent to the property are a vacant lot to the North,
a properly landscaped lot to the East, the Southern property border has a utility easement running
through it and it backs the building's emergency exits, the Western parcel is across the street and
maintains a similar landscaping layout. The property landscaping layout is similar to the surrounding
properties and complements the asthetics of the industrial. park.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: The property is an existing developed property that has been utilized for several years as a
viable commerical parcel and excellent neighbor to the surrounding properities. The strict application of
this ordinance would make the use of the parcel difficult in that it would shield motorist's view of the
property from Meghan Beeler Court and -would result in wayfinding difficulties for said motorists. The
strict adherence to the ordinance would make the subject parcel an abnormality in the asthetics of the
development.
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: Insert text
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: Insert text
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Insert text
(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: Insert text
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. Insert text
* 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:
Garry Potts - Professional Permits
58171 Dragonfly Ct
Osceola IN 46561
574 - 229 -0635
gpotts @professionalpernrits. corn
IEVE
s
I
SEP 0 6 2016
AREA PLAN COMMISSION
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 COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)/fill property owner(s), or signature of Attorney for all property owner(s):
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 (574)235-9S71
Wednesday, September 21, 2016
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Cook Land Group LLC to zone from LI Light Industrial District to GB General
Business District, property located at 4246 Meghan Beehler Court, City of South Bend - APC# 2793 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Cook Land Group LLC was legally advertised on
September 8, 2016 and that the Area Plan Commission at its public hearing on September 20, 2016 took the
following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, a proposed
ordinance of Cook Land Group LLC to zone from LI Light Industrial District to GB General Business
District, property located at 4246 Meghan Beehler Court, City of South Bend, is sent to the Common
Council with a FAVORABLE recommendation. Rezoning this property to GB General Business will
allow for an existing business to continue operations and expand to include on -site sales of motor
vehicles, a use which is compatible with the surrounding industrial uses.
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: Cook Land Group LLC
Professional Permits - Garry Potts
Filed in Clerk's mice
SEP 2 1 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T 1 0 S E P H C 0 U N T Y I N D I AN A.0 0 M/ A R E A P L A N
Staff Report
APC # 2793 -16
Owner: Cook Land Group LLC
Location: 4246 Meghan Beehler Court
Jurisdiction: City of South Bend
Public Hearing Date: 9/20/2016
Requested Action:
9/7/2016
Filed in a* Office
SEP,2 I1
KA EEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
The petitioner is requesting a zone change from LI Light Industrial District to GB General
Business District and seeking one variance from the development standards.
Land Uses and Zoning:
On site: On site is an existing sales and service building.
North: To the north is a vacant lot zoned LI Light Industrial.
East: To the east is a parking lot zoned LI Light Industrial.
South: To the south is an industrial building zoned LI Light Industrial.
West: To the west of Meghan Beehler is an industrial building zoned LI Light
Industrial.
District Uses and Development Standards:
The GB General Business District is established to provide a location for those retail sales
and service functions whose operations are typically characterized by: outdoor display or
sales of merchandise; major repair of motor vehicles; commercial amusement and
recreational activities; or, activities or operations conducted in structures which are not
completely enclosed. The types of uses found in the GB District are often brightly lighted
and noisy. Permitted uses contained in this district are such that this district may be used to
form a grouping of similar uses along certain portions of major commercial thoroughfares.
Special attention should be paid to buffering whenever this district is located adjacent to
any residential district or residential uses.
Site Plan Description:
On site is an existing 18,000 sq. ft. building, located on 5.32 acres. There is an existing
parking lot and sales storage area along the north and west of the building.
Zoning and Land Use History And Trends:
This property was rezoned from Light Industrial and Residential to Light Industrial in
2000.
Traffic and Transportation Considerations:
Meghan Beehler Court has two lanes.
Utilities:
This site is served by municipal water and sewer.
Agency Comments:
The Department of Community Investment offers a favorable recommendation, assuming
that the GB General Business District permits all of Superior's uses for the property. With
the rezoning, the property should meet the present parking and landscaping standards.
APC # 2793 -16 Page 1 of 3
Staff Report 9/7/2016
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:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006) Objective ED 2: Retain existing businesses and recruit new ones to the city.
Land Use Plan:
The future land use map identifies this area as light industrial.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The surrounding properties are industrial uses.
3. Most Desirable Use:
The most desirable use is one that allows for the continuation of an existing business.
4. Conservation of Property Values:
The surrounding properties are industrial and should not be adversely affected.
5. Responsible Development And Growth:
It is responsible growth and development to allow an existing business to continue
operating and expand to include the addition of on -site sales.
Combined Public Hearing
This is a combined public hearing procedure, which includes a rezoning and 1 variance 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 petitioner is seeking the following variance(s):
1) from the required perimeter landscaping to none
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community;
Allowing the site to continue without the addition of perimeter landscaping should not be
injurious to the public health, safety, and welfare.
(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;
There is some existing landscaping along adjacent industrial properties and they should
not be adversely affected.
(3) The strict application of the terms of this Chapter would result in practical
APC # 2793 -16 Page 2 of 3
Staff Report
difficulties in the use of the property
9/7/2016
Requiring the petitioner to remove existing vegetation and to screen between this site and
surrounding industrial properties creates a practical difficulty on this property.
Staff Comments:
The staff has no additional comments.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation. The
staff recommends approval of the variance, subject to providing the required perimeter
landscaping along the front property line.
Analysis:
Rezoning this property to GB General Business will allow for an existing business to
continue operations and expand to include on -site sales of motor vehicles, a use which is
compatible with the surrounding industrial uses.
APC # 2793 -16 Page 3 of 3
WAG] I I b
Z AN
, rz:
4y
.E i1 c
a a -ir
NV
NIP
IV
Rezoning from: CITY OF SOUTH BEND
"LI" LIGHT INDUSTRIAL DISTRICT
to "GB" GENERAL BUSINESS DISTRICT
MASTER ZONING KEY
COUNTY "R" SINGLE FAMILY DISTRICT
SOUTH BEND "SF1" SINGLE FAMILYAND TWO FAMILY DISTRICT
SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT
i► • , a�
I inch 11 feet
APC # 2793 -16
NI % N]@ H nos
§
z
Lgz # ¥' mmo
gmokIamAg Egg@
A
I
||
b
@ O a� ]]e NVOHew z #z+
/
:
S M]d gvNGSS3d0@d
!�1
a
O
l-
z
<
a
E
/
m
z
2
cr-U
Wuj
�n
(
;
CD
cli
LL
<:
3C
«m
r 0
@
CC -j
Q
U
O
l-
z
<
a
E
/
m
(
;
<� ■
,
m ,
°
-
\t
O
l-
z
<
a
E
/
m
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4246 MEGHAN BEELER COURT, COUNCILMANIC DISTRICT N, O. 1 IN
THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property to allow for commercial truck sales.
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:
West Cleveland Road Industrial Park Section Two Lot 7a
be and the same is hereby established as GB General Business 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
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
City Clerk
Approved and signed by me on the day of
o'clock . M.
Mayor, City of South Bend, Indiana
2 , at
Filed in Clerk's Office
* READING La 3 2016
PUBLIC HEARING
3 rd READING -� 3"CWL R NOT APPROVED OUTH ���� ��•�
REFERRED �.TW
PASSED