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Home My WebLink About53-16 Bare Hands RezoningLAWRENCE 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 Wednesday, November 16, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 B E NlbIIe >;i w0erW9, iMo6,) .. .... 1 NOV 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN RE: A combined public hearing on a proposed ordinance of the Department of Redevelopment, City of South Bend to zone from GB General Business District to CBD Central Business District and seeking a Special Exception Use for a manufacturing retailer, property located at 331 W. Wayne Street, City of South Bend - AS RE- ADVERTISED - APC# 2798 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Department of Redevelopment City of South Bend was legally advertised on November 3, 2016 and that the Area Plan Commission at its public hearing on November 15, 2016 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of Department of Redevelopment City of South Bend to zone from GB General Business District to CBD Central Business District, property located at 331 W. Wayne Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this property to CBD Central Business District and granting the special exception use for a manufacturing retailer allows for a use that is compatible with the existing Central Business District and will compliment the surrounding 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.1V�agliozzi Attachment CC: Department of Redevelopment City of South Bend Chris Gerard SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J 0 S E P H C 0 U N T Y I N D I A N A.0 0 M/ A R 9 A P L A N a � LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director A PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571 November 16, 2016 South Bend Common Council 4a' Floor, County -City Building South Bend, IN 46601 RE: Bill # 53 -16 Rezoning: APC #2798 -16 - 331 W. Wayne Street Dear Council Members: Filed in Clerk's Office NOV 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN The Area Plan Commission held a public hearing on November 15, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, November 28, 2016. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Petition: 1.) The property owner name was changed. 2.) The legal description was corrected. A Copy of the revised Petition is attached. Public Hearing Summary: There was 2 persons that spoke in opposition to the proposed rezoning. 1) Brenda Lucas — Concerned about a brewery going in next to the South Bend VA Clinic. 2) Jack Smith — Concerned about lighting, hours of operation, parking, and security. He would like to see landscaping added to the site. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, 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 0 U N T Y INDIANA. CO M/ A R E A P L A N J PETITION FOR ZONE MAP AMENDMENT CitzgfSouth 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: Parcel Key No. 018 - 3012 - 044003 Commonly known as 331 W Wayne St., South Bend, Indiana [Clr7rY ed in Clerk's Office 2) The property Tax Key Number(s) is /are: Parcel Key No. 018 - 3012 - 044003 NOV 16 2016 3) Legal Descriptions: Lot A Vails Sub First Replat REEMg1 -I FOWLER LERK, SOUTH BEND, IN 4) Total Site Area: .85 acres "° 5) Name and address of property owner(s) of the petition site: Department of Redevelopment City of South Bend 227 West Jefferson Blvd 1400 South Bend, IN 46601 574 -235 -5836 drelos @southbendin.gov Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Chris Gerard --t .. . 12804 Sandy Court j ®E `+ E I V Granger, IN 46530 1 i� 574 -315 -4257 Chris @barehandsbrewery.com OCT 0 7 2016 F Name and address of additional property owners, if applicable: AREA PLAN COMMISSION 7) It is desired and requested that this property be rezoned: From: GB General Business District Additional zoning district, if applicable To: CBD Central Business District 8) This rezoning is requested to allow the following use(s): Brewery /Restarant IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 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: Insert text (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: Insert text (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Insert text 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: Manufacturing retailer 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: It will be similar to other business (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: We are going to fix up vacant property (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: We plan to fit our design to work with the area (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Resuse of an abandned building * 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: Chris Gerard 12804 Sandy Ct Granger In 46530 574 -315 -4257 chris@barehandsbrewery.com 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. s) of all App, rty owner(s), or signature of Attorney for all property owner(s): �ECEIV ED OCT 0 7 2016 k t AREA PLAN VOMMISSIO(V Staff Report APC # Owner: Location: Jurisdiction: Public Hearing Date Requested Action: 2798 -16 Department of Redevelopment City of South Bend 331 W. Wayne Street City of South Bend 11/15/2016 11/4/2016 Filed in Clerk's Office NOV 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH SEND, IN The petitioner is requesting a zone change from GB General Business District to CBD Central Business District and seeking a Special Exception Use for a manufacturing retailer. Land Uses and Zoning: On site: On site is an existing building and parking lot. North: To the north across Wayne Street are businesses zoned MU Mixed Use District. East: To the east is the South Bend VA Clinic zoned CBD Central Business District. South: To the south is a parking lot zoned GB General Business District. West: To the west across William Street is a vacant lot zoned GB General Business District. District Uses and Development Standards: The CBD Central Business District is established to promote the development of the downtown region of the City of South Bend as a center for trade, finance, government, high density residential and entertainment districts within St. Joseph County and north central Indiana. The regulations of this district are intended to encourage high density, mid - rise and high rise developments which may include a mixture of compatible urban uses. The development standards in this district, while designed to provide for high density development, also encourage a pedestrian friendly environment supportive of urban residential developments, retail, restaurant, theater and similar business and cultural uses associated with major metropolitan areas. Site Plan Description: On site is an exiting 8,650 sq. ft. building that is proposed to be converted to a brew pub. The remainder of the site is a parking lot with a primary entrance on William Street. Zoning and Land Use History And Trends: This property was zoned Light Industrial prior to 2006. Traffic and Transportation Considerations: William Street has two lanes with a center turn lane and on street parking on the west side of the street. Wayne Street has two lanes. Utilities: This site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation and on the APC # 2798 -16 Page 1 of 3 Staff Report 11/4/2016 associated special exception request to permit a manufacturing retailer. DCI recommends that in lieu of any other perimeter or parking lot screening landscaping, the petitioner provide street trees at approximately 44' spacing in the Wayne and William Street tree lawns. Over time, the petitioner can add landscaping to existing on -site paved areas that will not be used for parking. The City Engineer commented the following are required prior to final site plan approval: 1) Completion of the City of South Bend Utility Verification Form; 2) Approval of sidewalk, curb cut, lighting, and overall site improvement to reflect the Master Plan for the surrounding area. Of specific concern for this site are the plans for access and screening; 3) Development of the site requires City approval of a Drainage Plan, and payment of the corresponding Drainage Review Fee, that meets the City's requirement to store all runoff from developed areas on site; 4) Development of the site also require compliance with the City's Downspout Disconnection Program; 5) Verification of required (if any) waivers; and 6) Payment of Final Site Plan Review fee. 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): ED 1.2 Encourage the reuse of abandoned and underutilized land and structures. Land Use Plan: The future land use map identifies this area as commercial. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The properties east of the site are predominantly commercial and business oriented. To the north of Wayne and to the west of William is a mixture of residential and business uses. 3. Most Desirable Use: The most desirable use is commercial. 4. Conservation of Property Values: The renovation and reuse of a vacant building should not adversely affect adjacent property values. 5. Responsible Development And Growth: It is responsible development and growth to reuse a vacant building, in conformance with the Comprehensive Plan. Combined Public Hearing This is a combined public hearing procedure, which includes a rezoning, and a Special Exception Use. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation. APC # 2798 -16 Page 2 of 3 Staff Report The Petitioner is seeking a Special Use to allow: manufacturing retailer 11/4/2016 (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The use will be compatible with existing businesses located in the Central Business District. The special exception for a manufacturing retailer (brewery) will not be injurious to the public. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use will utilize an existing commercial building and should not adversely affect adjacent property values. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The building will be renovated to conform to the character of the district. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The Comprehensive Plan makes no specific recommendation for this use. Staff Comments: The site will require variances from the Area Board of Zoning Appeals for perimeter landscaping and parking area screening along the west property line. Also, the configuration of parking spaces will need to be modified to reflect the requirements of the Zoning Ordinance '>'he-titte turn the.prev ous mqeft_ M not indicate the requested �g dsrtEt , f a t stye_ law regua e_ petition was re- advertised_ and _. eeeive ea ng: `)Mere aye not 40-OWi-the previous fd4uest- Recommendation: Based on information available prior to the public hearing, staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends that the special exception use be sent to the Common Council with a favorable recommendation. Analysis: Rezoning this property to CBD Central Business District and granting the special exception use for a manufacturing retailer allows for a use that is compatible with the existing Central Business District and will compliment the surrounding uses. APC # 2798 -16 Page 3 of 3 Rezoning from: CITY OF SOUTH BEND "GB" GENERAL BUSINESS DISTRICT to "CBD" CENTRAL BUSINESS DISTRICT MASTER ZONING KEY SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "CBD" CENTRAL BUSINESS DISTRICT SOUTH BEND "GB" GENERAL BUSINESS DISTRICT * 11 feet APC # 2798 -16 133NIS W71-1-lim ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 331 W. WAYNE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To rezone the properly for a brewery and restaurant. 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: Lot A of Vails Subdivision First Replat be and the same is hereby established as CBD Central Business District. SECTION 11. That a Special Exception Use for manufacturing retailer in the .CBD Central Business District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. 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. Approved and signed by me on the o'clock . M. .. kEADiNG ?UBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED City Clerk day of Mayor, City of South Bend, Indiana ,2 ,at Fled in Clerk's Office E P 0;8 2016 KAREEMAH FOWLER CITY CLERK, e "CA ITH' BEND, IN