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Home My WebLink About14-17 Zoning- Amending the Zoning Ordinance at 2605 and 2623 Western AvenueLAWRENCE P. MAGLIOZZI EXFC'UTIFF DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOOT I BERe dNjnQ®rk4860ffiVC4)23S -9571 Wednesday, April 19, 2017 APR 19 2017 The Honorable Council of the City of South Bend 4th Floor, County -City Building KAREEMAH ivOWLER South Bend, IN 46601 CITY CLERK, SOUTH BEND, Its RE: A proposed ordinance of Daixy Torres to zone from MU Mixed Use District to GB General Business District and seeking the following variance(s): 1) from the minimum 30' rear residential bufferyards to 10' for the proposed parking area and dumpster enclosure; 2) from the required landscaping of required perimeter yards to landscaping as shown on the site plan; 3) from the required foundation landscaping to none; 4) from the required off - street parking area screening on the east and north to none; 5) from the required 24' minimum width of a maneuvering aisle for off - street parking area to 21'; and 6) from the required minimum depth of a parking space of 20' to 18', property located at 2605 & 2623 Western Avenue, City of South Bend - APC# 2819 -17. Dear Council Members: I hereby Certify that the above referenced ordinance of Daixy Torres was legally advertised on April 6, 2017 and that the Area Plan Commission at its public hearing on April 18, 2017 took the following action: Upon a motion by Oliver Davis, being seconded by Elizabeth Maradik and unanimously carried, a proposed ordinance of Daixy Torres to zone from MU Mixed Use District to GB General Business District, property located at 2605 & 2623 Western Avenue, City of South Bend, is WITHDRAWN from any further consideration by the Area Plan Commission. 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: Daixy Torres SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S f C I N D I A N A. C 0 M/ 3 0 6 1 a , . a- p I. n "P" LUanch, "arner tk Associates, Inc. Land Surveyors M Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 M Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Mr. Larry Magliozzi Executive Director Area Plan Commission of St. Joseph County Indiana Room 1140 County -City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 RE: Rezoning Petition for 2605 & 2623 Western Avenue, South Bend, Indiana; Dear Mr. Magliozzi: IFIledWid,b 95 0 APR 19 2017 Ke4BEE�.. . 4H FOWLER CITY CLEHK SOUTH 19Fn4D, 1N On behalf of our clients, we are requesting the withdrawal of their Rezoning Petition for the properties located at 2605 and 2623 Western Avenue, South Bend, Indiana. 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, Harper & Associates, Inc. File No. 170116 "C" Md 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 +6601 ( 5 7 4 ) 235 -9571 March 7, 2017 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: Rezoning for 2605 and 2623 Western Avenue APC# 2819 -17 Dear Council Members: Filed in Clerk's Office [MARQ17 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 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 March 13, 2017 Council meeting, and set it for public hearing at your April 27, 2017 Council meeting. The petition is tentatively scheduled for public hearing at the April 18, 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, avid M. Stanton, Jr. Planner 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 CO U N T Y I N D 1 ANA. CO M/ A REAP LAN "#-M Uanch, "arnt�_r cV Associates, Inc. Land Surveyors E Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 M Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of March 3, 2017 South Bend Common Council 4"' Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 2605 & 2623 Western Avenue, South Bend, Indiana; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the properties located at 2605 and 2623 Western Avenue, South Bend, Indiana. This requested Rezoning would allow for the approval of an automotive sales and repair facility. This use is being relocated from another location on Western Avenue to this new site. As part of the relocation process the Petitioner will be making improvements to the existing buildings and adding new landscaping, fencing and screening plant material to create buffer zones within the site. Our clients believe the improvements proposed for the properties would be a compatible use in the surrounding mixed use neighborhood. 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, Hamer & Associates, Inc. File No. 170116 "C" Md ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2605 AND 2623 WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Automotive Sales and Repair 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 # 816, 817, 818, 819, 820 and the vacated alley located between said Lots # 816 and 817 all as shown in the plat of "Summit Place 3rd Addition" as recorded in the records of the St. Joseph County, Indiana Recorder's Office. Subject to all legal highways, easements and restrictions of record. Be and the same is hereby established as GB General 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 HEARINC 3 rd READING NOT APPROVED REFERRED PASSED ,2 ,at Filed in Clerk's Office MAR 0 8 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, 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: Address(es) -, 2605 & 2623 Western Avenue, South Bend, Indiana 46619. 2) The property Tax Key Number(s) is /are: Enter property tax key number(s).-018-4034-1216, 018 - 4034 -1218 3) Legal Descriptions: Enter full legal description: See attached. 4) Total Site Area: Enter total acres to be rezoned- 0.60 Acres. 5) Name and address of property owner(s) of the petition site: Daixy Torres 2617 Western Avenue South Bend, Indiana 46619 Ph. No. 574- 288 -5830 E -Mail Address N/A Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: N/A E -mail N/A Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: MU Mixed Use District N/A To: GB General Business District 8) This rezoning is requested to allow the following use(s): Insert intended use(s): Automotive Sales & Repair IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. See attached. 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 (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 (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See Attached 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: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (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: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. * 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: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch @danchharner.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. SigaatKe(s) of all property owner(s), or signature of Attorney for all property owner(s): REOUESTED VARIANCES: 1). From the minimum 30 ft. Side Residential Bufferyard and Type `B" Landscaping along the East property line to allow within 10 ft. of the property line a proposed parking area and a 8 ft. high solid screening fence and landscaping as shown; 2). From the minimum 30 ft. Rear Residential Bufferyard and Type `B" Landscaping along the North property line to allow within 10 ft. of the property line a proposed parking area, dumpster and a 8 ft. high solid screening fence and landscaping as shown; 3). From the minimum allowed parking aisle width of 24 ft. to a minimum of 21 ft.; 4). From the requirement of providing perimeter landscaping to perimeter landscaping along south property line (Western Avenue); 5). From the requirement of providing foundation landscaping to no foundation landscaping; The Petitioner and their tenant of the shown real estate desire to take the existing old automotive repair facility and automotive sales facility and renovate the buildings. They .propose to add improvements to the vehicle sales area, add landscaping and screening fence along the north and east buffer yards and improve the streetscape along Western Avenue. The building shown has existed for decades and is located in an area of mixed uses along the Western Avenue business corridor. The uses range from residential homes to the north, one residential and mixed uses to the east, mixed uses to the south and commercial use to the west. The Petitioners' tenant did have an automotive sales and repair facility located several blocks to the west on Western Avenue. They desire to move to this location and are presently in the process of buying of the property. This property was previously used for an automotive sales and repair service for several years. This is based on a review of available aerial photography back to 1998. That use was allowed per the zoning codes. Then several years back as part of an update to the Western Avenue corridor land uses, the City revised the zoning classification for properties fronting on Western Avenue. This property was rezoned to the MU Mixed Use zoning classification. At the time it appears the previous automotive use was grandfathered in for the property. But then at some point, the owner /tenant stopped or closed the automotive use. The use was closed long enough that the grand fathered legal conforming use status was lost. The owner /tenant may not have understood that they had lost the ability to continue to use the property for an automotive use. The owner's tenant now desires to purchase the property on a land contract and would like to make renovations to the buildings and the property and continue to have an automotive sales area and a repair shop. After discussions with the various city agencies it was determined that in order to now use the property for the proposed automotive use, it would require a rezoning of the property. The choices available were to either request rezoning to CB Community Business District with approval of a Special Exception Use and some variances or rezone to the GB General Business District with some variances. The choice was to go to the GB General Business District and request approval of a few variances. The attached site plan details the proposed layout for the property with the existing buildings and the vehicle sales area and related landscape improvements. Based on the shown plan the following variances are required for the shown site plan: The first and second Variance requests are from the minimum 30 ft. Side and Rear Residential Bufferyard and Type `B" Landscaping along the east and north property lines to allow within 10 ft. of the property lines a proposed parking area, dumpster and a 6 ft. high solid screening fence as shown. This property is located in an area between the Western Avenue on the south and a public alley on the north. There is an existing home to the east of the property which is owned by the proposed tenant. Presently there is an existing metal fence which will be removed and replaced with an 8 ft. high vinyl screening fence. This will create a new clean buffer between the Petitioner's property and the existing residential homes to the north and the east. There will also be added a landscape screen of evergreen trees to increase the size of the buffer area and provide a natural landscape area in addition to the screening fence. The result will be a barrier between the vehicle display area and the adjacent residential uses. The owners do not believe approval of this variance request would be detrimental to surrounding properties. Third variance request is from the minimum allowed parking aisle width of 24 ft. to a minimum of 21 feet. This request is to allow for flexibility in the aisle width of the driveways within the site. The owners would use the required 24 ft. aisle width for the main driveway in the site to access the shown buildings and the sales office. The use of a 21 ft. wide driveway would be limited to the back aisle driveway and the north aisle driveway where the display area for vehicles for sale would be located. The vehicles in this area would be accessed by the sales person to bring the vehicle out for inspection by the customer. The full aisle width would not be needed in these areas. The owners do not believe approval of this variance request would be detrimental to surrounding properties. The fourth Variance request is from the requirement of providing perimeter landscaping to perimeter landscaping only along south property line (Western Avenue). The site plan shows there will be trees added along the Western Ave. streetscape as required by ordinances. The request is to have no required perimeter trees along the east and north property lines since that is here evergreen trees being used for screening will be located. Along the west the area is very limited due to the location of the existing building. They do not believe approval of this variance request will have a negative impact on any surrounding properties. The last variance request is from the requirement of providing foundation landscaping to foundation landscaping as shown. The owners are working with the existing buildings. As this will be an automotive sales and repair facility the placement of foundation landscaping in the area where there is access to the garage doors would make landscaping beds impractical. The site plan does show foundation plantings along the south portion of the west building where the impact from the street would be greatest. They do not believe approval of this variance request would be detrimental to any adjacent properties. The owners would ask the Commission members to agree that the approval of the above requested Variances, will not be injurious to the public health, safety, morals and general welfare of the community and 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, that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. LEGAL DESCRIPTION: THAT PART OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS : LOTS # 816, 817, 818, 819, 820 AND THE VACATED ALLEY LOCATED BETWEEN SAID LOTS # 816 AND 817 ALL AS SHOWN IN THE PLAT OF "SUMMIT PLACE 3RD ADDITION" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.60 ACRES MORE OR LESS. 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