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Home My WebLink About03-17 Rezone- The Crate Escape at 3566 Douglas Rd.rid LAWRENCE P. MAGLIOZZ1 F..XI. CUTIVC DIRFCTOR Angela M. Smith 13r 1, RIy Dl,f c Or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 \V. JLFFLRSON BLVD., ROOM 11 +0 COLI\TY•CITY BUILDING, SOUTH BE \b, INDIANA +6601 (57 +) 235 -9171 January 4, 2017 South Bend Common Council 4 1 Floor, County -City Building South Bend, IN 46601 RE: APC #2809 -16 3566 Douglas Road Dear Council Members: ice 3, ?i11v ifTL<0I7 KAAEERMAH FOWLER 07YCLEFec. Qnd rru 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 9, 2017 Council meeting, and set it for public hearing at your February 27, 2017. Council meeting. The petition is tentatively scheduled for public hearing at the February 21, 2017 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, 0 '4mj�t -N. �Wg Angela M. Smith Deputy Director CC: Adriana Rodriguez 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 I N D I A N A. C ON f A R E A PLAN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3566 DOUGLAS ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property to CB Community Business to allow for an animal kennel with outdoor runs. 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 1 of LaFree's Douglas Road Minor Subdivision be and the same is hereby established as CB Community Business District. SECTION 11. That a Special Exception Use for Kennel (with outdoor runs) in a CB Community 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 is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION IV. 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, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Pu - „�i,�J,,NG 3 rd READING NOT APPROVED REFERRED' PASSED 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. 2 , at Mayor, City of South Bend, Indiana Filed in Clerk's Office JAN 4 20117 ` KAREEMAH FOWLER CLERK, CrrY SOUTH REND, IN 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. 1) The property sought to be rezoned is located at: 3566 Douglas Road South Bend, IN 46635 2) The property Tax Key Number(s) is /are: 024 -2023- 054808 3) Legal Descriptions: Lot 1, LaFree's Douglas Road Minor Subdivision 4) Total Site Area: 2.92 acres 5) Name and address of property owner(s) of the petition site: Arthur and Mary Hansen 3566 Douglas Rd. South Bend, IN 46635 574 -315 -0739 arthansenphoto @gmail. com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: The Crate Escape Scott Robbins 1610 E. Wayne Street South Bend, IN 46615 574- 339 -0460 scottjreerobbins@g-tnail.com Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: LB Local Business District N/A To: CB Community Business District Filed in Clerk's Office EEEC�? �UO Iv KAREEMAH FOWLER CITY CLERK, SOUTH REND, IN 8) This rezoning is requested to allow the following use(s): Animal Kennel with Outdoor Runs IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) Variance to reduce the minimum off-street parking requirement. 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: Reducing the required off - street parking will not be injurious to the health, safety, morals and general welfare of the community. The business will operate as an animal kennel only, not a veterinarian hospital. The vast majority of customers will drop off or pick up their pets; therefore, the required 15 spaces is excessive. A total of three customer parking spaces are proposed, which is appropriate and sufficient for the proposed use. Four employee parking spaces are provided within the existing garage structures on the site. In addition, the property will comply with all ADA requirements. (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 requested parking variance will have no adverse affect on the use or value of adjacent areas. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The Zoning Ordinance requires I parking space per 400 square feet of gross floor area for "veterinary hospitals, animal kennels, and pounds. " The Ordinance does not carry provisions for a business operating solely as an animal kennel, which requires significantly less parking. Therefore, the strict application of the Ordinance imposes practical difficulties in the use of the property. 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: We are requesting a Special Exception use to allow an Animal Kennel with Outdoor Runs. Outdoor runs will provide a much - needed and desireable service to the community, in addition to further contributing to the City's tax base through greater tax revenue and increased property value. 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: The proposed Animal Kennel with Outdoor Runs will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The animals will be fully contained within a fenced play area with staff supervision at all times. The outdoor play area will be screened on all sides by a 6 foot privacy fence as well as mature landscaping along the property lines. Furthermore, the outdoor play area is not located near any public land or right -of -way. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The proposed use will not adversely affect the use of the adjacent area or property values. The outdoor play area will be contained by a 6 foot privacy fence along with significant landscaping along the property boundaries to mitigate any visual impacts. Animals playing outside will be supervised at all times and outdoor access will be monitered. There will NOT be any 'doggy doors' allowing animals to go in an out as they please. Furthermore, animals will not be allowed outside during nighttime hours; only daytime outdoor use is proposed. The residential property owner to the east of the subject property is in support of the proposed business. (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: The proposed use will not alter the character of the district in which the property is located. The property is currenity zoned for commercial uses and will continue as such. An Animal Kennel would be allowed by right; the request is simply to allow supervised outdoor access to expand business services for the community. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use will support the City of South Bend Comprehensive Plan's land use goal to ensure a "compatible mix of land uses in the community. " The proposed use also supports the City's economic development goal to 'promote a healthy and diversified economy that fosters a competitive business environment and offers opportunities for employment and entrepreneurship. " * 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: Ty Robbins 1250 Galapago Street, Apt. 408 Denver, CO 80204 574- 339 -2362 tysrobbins @gmaiLcom 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) of all property owner(s), or signature of Attorney for all property owner(s):