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Home My WebLink About22-17 Rezoning- Property at Ireland and Layayette"P" Land Surveyors N Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / C800)594 -4003 A Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of March 27, 2017 South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for vacant land Northeast of Ireland Rd. and Lafayette Blvd. South Bend, Indiana 46614 Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the properties located north along Ireland Road between Lafayette Blvd. and Main Street. This requested Rezoning would allow for the approval of a financial services /bank facility to be built on Parcel "A" shown on the attached site plan. Parcel "B" as shown, will allow for future commercial development. This property is located at the intersection of two busy commercial corridors, Ireland Road and Main Street. Our clients believe the proposed commercial zoning for this property would be compatible with the surrounding existing commercial developments. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harner & Associates, Inc. File No. 170128 "C" Md Filed in Clerk's Office MAR 31 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN td:v I 1W_ LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM I1 +0 COUNTY -CITY BUILDING, SOU -fH BEND, INDIANA +6601 (Si+) 235 -9571 April 4, 2017 [Filed inGl :rk'S C)Ifi�;�; South Bend Common Council �p� � � 2� 1 � 4�' Floor, County -City Building South Bend, IN 46601EMAHl�VLER F1K. SOUTH SKN -, IN RE: Rezoning for West Ireland Road and Lafayette Blvd. APC# 2821 -17 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 April 10, 2017 Council meeting, and set it for public hearing at your May 22, 2017. Council meeting. The petition is tentatively scheduled for public hearing at the May 16, 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, D a M. Stanton, Jr. Planner CC: Aladean DeRose 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 I N D 1 ANA. C 0 M/ A R E A PLAN (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: SEE . 7714C.'Iff.;D (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: :SE .4174('111"D (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: SEE 17'1.- t ::ILE'D 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 lust 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 test (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert teavi (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. Inseri lexi * 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: D;INCF7. HAR.NT'l? cF. 4S,5 ? {:.LITE:S' 1643 CO_iLkfERCE DRI bT L'%- -f 662 k "74-234-4003 nidanch � d;;chh431-ner.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. Signature(s) of all property gv9ner(s), pf signature of Attorney for all property owner(s): (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: SEE .4'i'7'F4C HED (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: SE .4`I'7'FIC.'7IED (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: SI'Is.ITZ�2C:'fIF'1:) 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: his rt 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: D.4 NC.II.. II.1 Rik-T-7? &-. I:S' COC L4 TI_- '.S` 1643 Ct:)._ hVERCEDRIb'E ,SOtfTH BEND, 46628 i .4-234-4003 Y/tdtXi7[ l ci c1 cl harner.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. Signature(s) of all property gwner(s), ff signature of Attorney for all property owner(s): PETITIONERS /OWNERS: GATES AND GATES REALTY, LLC 640 IRELAND ROAD SOUTH BEND, IN 46614 LAND SURVEYOR: DANCH, HARNER & ASSOCIATES, INC. 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PARCEL "A" (NW CORNER OF IRELAND RD. AND LAFAYETTE BLVD.) REQUESTED VARIANCES FOR PARCEL "A ": Filed in Clerk's Office MAR 31 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 1). FROM SECTION 21- 03.11(G)(vi) PROVIDE AT LEAST FIVE (5) WAITING SPACES PRIOR TO THE FIRST OCCURRENCE OF ANY ORDERING, PICK -UP OR SERVICE FACILITY. REQUESTING A VARIANCE FROM REQUIRED MINIMUM FIVE (5) CAR STACKING PER DRIVE -UP LANE TO A MINIMUM OF THREE (3) CAR STACKING PER DRIVE -UP LANE AS SHOWN ON THE PRELIMINARY SITE PLAN. 2). FROM SECTION 21- 07.04(E)(17) FINANCIAL INSTITUTIONS / BANKS: ONE (1) PARKING SPACE PER TWO - HUNDRED (200) SQUARE FEET OF GROSS FLOOR AREA, PLUS PARKING SPACES AS REQUIRED FOR EACH WALK -UP, DRIVE THROUGH OR FREESTANDING BANK MACHINE. REQUESTING A VARIANCE FROM THE REQUIRED FORTY -ONE (41) PARKING SPACES TO A MINIMUM OF THIRTY - FOUR (34) PARKING SPACES. REQUESTED VARIANCE INFORMATION: THE PETITIONERS /OWNERS DESIRE TO SALE APPROXIMATELY 1.60 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF IRELAND ROAD AND LAFAYETTE BOULEVARD. THIS 1.60 ACRE OF LAND, PARCEL "A ", IS PART OF A LARGER PARCEL OF LAND OF APPROXIMATELY 3.12 ACRES LOCATED BETWEEN LAFAYETTE BOULEVARD AND MAIN STREET THAT THE PETITIONERS /OWNERS HAD RECENTLY SUBDIVIDED INTO TWO LOTS KNOWN AS GATES LAFAYETTE BLVD. MINOR SUBDIVISION. THE 3.12 ACRES OF LAND IS CURRENTLY ZONED "SF2" SINGLE - FAMILY AND TWO- FAMILY RESIDENTIAL DISTRICT. THE PETITIONERS /OWNERS ARE REQUESTING TO REZONE THESE TWO LOTS OF THE GATES LAFAYETTE BLVD. MINOR SUBDIVISION FROM "SF2" SINGLE - FAMILY AND TWO- FAMILY RESIDENTIAL DISTRICT TO "CB" COMMUNITY BUSINESS DISTRICT. THE REZONING TO "CB" COMMUNITY BUSINESS DISTRICT WILL ALLOW THE CONTINGENT PURCHASER OF PARCEL "A" TO DEVELOP A BANK FACILITY ON THIS PROPERTY. THE PROPOSED DEVELOPMENT WILL CONSIST OF A 1- STORY, APPROXIMATE 7,716 SQUARE -FOOT BANK BUILDING WITH A THREE LANE DRIVE -UP SERVICE WINDOWS AND A TOTAL OF 34 PARKING SPACES. AS PART OF THE PROPOSED BANK DEVELOPMENT THE PETITIONERS /OWNERS ARE REQUESTING THE FOLLOWING VARIANCES: 1). FROM SECTION 21- 03.11(G)(vi) PROVIDE AT LEAST FIVE (5) WAITING SPACES PRIOR TO THE FIRST OCCURRENCE OF ANY ORDERING, PICK -UP OR SERVICE FACILITY. REQUESTING A VARIANCE FROM REQUIRED MINIMUM FIVE (5) CAR STACKING PER DRIVE -UP LANE TO A MINIMUM OF THREE (3) CAR STACKING PER DRIVE -UP LANE AS SHOWN ON THE PRELIMINARY SITE PLAN. 2). FROM SECTION 21- 07.04(E)(17) FINANCIAL INSTITUTIONS / BANKS: ONE (1) PARKING SPACE PER TWO - HUNDRED (200) SQUARE FEET OF GROSS FLOOR AREA, PLUS PARKING SPACES AS REQUIRED FOR EACH WALK -UP, DRIVE THROUGH OR FREESTANDING BANK MACHINE. REQUESTING A VARIANCE FROM THE REQUIRED FORTY -ONE (41) PARKING SPACES TO A MINIMUM OF THIRTY - FOUR (34) PARKING SPACES. THE PETITIONERS /OWNERS WOULD ASK THE COMMISSION MEMBERS TO AGREE THAT THE APPROVAL OF THE ABOVE REQUESTED VARIANCES BASED ON THE FOLLOWING FINDINGS OF FACT: THE APPROVAL WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE COMMUNITY BECAUSE THE PROPOSED WILL ADHERE TO ALL LOCAL AND STATE BUILDING CODES AND REQUIREMENTS. THE USE AND VALUE OF THE AREA ADJACENT TO THE PROPERTY INCLUDED IN THE VARIANCE WILL NOT BE AFFECTED IN A SUBSTANTIALLY ADVERSE MANNER BECAUSE AMPLE PARKING AND DRIVE -UP VEHICULAR STACKING WILL BE PROVIDED BASED ON SIMILAR FINANCIAL SERVICES /BANK FACILITIES THE PETITIONER HAS DEVELOPED IN THE PAST. THE STRICT APPLICATIONS OF THE TERMS OF THIS ORDINANCE WOULD RESULT IN PRACTICAL DIFFICULTIES IN THE USE OF THE PROPERTY. THE DRIVE -UP STACKING REQUIREMENTS AS IDENTIFIED IN THE ORDINANCE ARE DESIGNED TO FACILITATE HIGH INTENSITY USES SUCH AS FAST -FOOD RESTAURANTS. THE ORDINANCE DOES NOT IDENTIFY SEPARATE VEHICULAR STACKING REQUIREMENTS FOR LOW INTENSITY DRIVE -UP USES SUCH AS BANKING. FURTHERMORE, MANY FINANCIAL AND BANKING TRANSACTIONS OCCUR DIGITALLY OR OVER THE INTERNET. THE NEED FOR PERSON TO PERSON BANKING HAS DECREASE OVER THE YEARS ALONG WITH THE NEED FOR ADDITIONAL PARKING AT THESE FACILITIES. THE PROPOSED PARKING IS SUFFICIENT TO MEET THE NEEDS OF SUCH USE. LEGAL DESCRIPTION: A PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A LOT # 1 AND LOT #2 OF THE PLAT OF "GATES LAFAYETTE BLVD. MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1705854 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.12 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF IRELAND ROAD AND LAFAYETTE BLVD., COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Use permitted in CB Community Business District, including but not limited to: financial services /bank and for future retail development. 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: A PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT #1 AND 2 OF THE PLAT OF "GATES LAFAYETTE BLVD. MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1705854 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE. CONTAINING 3.12 ACRES MORE OR LESS AND CONSISTING OF TWO LOTS. SUBJECT TO ALL LEGAL RIGHT -OF -WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD. be and the same is hereby established as CB Community Business District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. 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 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED ,2 ,at Filed in Clerk's Office APR U 4 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN