HomeMy WebLinkAbout27-17 Rezoning- 3015 W. Western Ave LAWRENCE P. MAGLIOZZI
F X C'LI TI VC DIR f C T 0 R
Angela M. Smith
Deputy ulrrctnr
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 \\'. JLFFLRSON BLVD., ROOM 11+0 C'OLINIY-Cll) BUILDING, SOUTH BLVD, INDIANA 46601 (i7+) 13i 9371
June 21, 2017 Filed in Clerk's Office
South Bend Common Council
4`h Floor, County-City Building JUN 21 2017
South Bend, IN 46601
I KAREEMAH FOWLER
CITY CLERK,SOUTH SEND, IN
RE: Bill #27-17
Rezoning: APC#2828-17- 3015 W. Western Avenue, South Bend
Dear Council Members:
The Area Plan Commission held a public hearing on June 21, 2017 for the above reference petition. This
petition is set for public hearing before the Common Council on Monday,June 26, 2017.
Ordinance & Petition Amendments:
The following changes were made to the above referenced petition:
1) The Petition and Ordinance were modified to request a zoning to MU Mixed Use District.
A copy of the revised Ordinance and Petition is attached.
Public Hearing Summary:
There were 2 people that spoke in favor to the proposed rezoning. They indicated their support of the reuse
of the building in order to further the efforts of the West Side Main Streets Plan and continued
neighborhood revitalization.
If you have any further questions, please feel free to contact me at (574) 235-9571.
Sincerely,
P Wnr
CC: Aladean DeRose
SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND
W W W.S T)O S E P H C O U N T Y 1 N D 1 A N A C O M/A R E A P L A N
P,. .fION Fi ONE MAP AMENDMEN'
CfU gf SQulh Bend Indiana
I(we)the undersigned make apptieation 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:
3015 W Western Ave
South Bend In 46619
Filed in Clerk's Office
2) The property Tax Key Number(s)islare: 018-4056-2079
3) Legal Descriptions: West 20R of lot 117 of lasalle JUN 212017
g P park subdivision
4) Total Site Area: 0.24 KAREEMAH FOWLER
5) Name and address of property owner(s)of the petition site: CITY CLERK,SOUTH BEND,IN
PBS Properties LLCI Don Walker
6139 Parkland do
South Bend,In 46628
574-340-9208
doirwalker@power-brake.corn
Name and address of additional property owners,if applicable;
6) Name and address of contingent purchaser(s),if applicable:
Richard Brooks
55900 orchid rd
South Bend,In 46619
574-289-8944
Templestar2016&7n ail.c om
Name and address of additional property owners,if applicable:
7) It is desired and requested that this property be rezoned:
From: GB
To: MU
8) This rezoning is requested to allow the following use(s): Retail and wholesale store with new and used items,
refurbished electronics and new clothing.
IF VARIANCE(S)ARE BEING REQUESTED(if not,please sidp to next section):
1) List each variance being requested Contact Commission Staff if you need assistance with wording.
1. From the required landscaping of required perimeter yards to none.
2. From the required 30 parldng spaces to zero.
3
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2) A statement on how each of the-,lowing ands for the granting of vati, s is met:
(a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community: This will have no affect on the public health,
(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. This is a commercial area.The store will use on street parking and
shared lot
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: The budding takes rip the majority site not allowing space for parking on the site but nearby
off site parking is available.
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:
Ciera Ewing
.55900 Otrhid Rd
South Rend.ln 46619
574-189-8944/574-703-4005
templstar2016(a mail.coin
BY SIGNING TFIIS 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.
4
F I L D
JUN p 2 2UII
ARF,. Pi.:;.COMMISSION
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 3015 WESTERN AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Retail and Wholesale Store
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 118 and West 20 Feet of lot 117 of LaSalle Park Subdivision
be and the same is hereby established as MU Mixed Use 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 2 , at
o'clock M.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
ist READING JUN 21 2017
PUBLIC HEARING
3 rd READING KAREEMAH FOWLER
NOT APPROVED CITY CLERK,SOUTH BEND,IN
REFERRED
PASSED
LAWRENCE P. MAGLIOZZI
F.S1-('II TIt.F I)I RECTOR
Angela M. Smith
D�Put11)tr-t.,
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JErFE[ISO N BLVD., ROONJ 114() COUNTY.CITY 9UILDING. SOUTH BEND, INDIANA 4 160 1 (S74)21S-9571
Wednesday,June 21, 2017 Filed in Clerk's Office
The Honorable Council of the City of South Bend JUN 212017
4th Floor, County-City Building
South Bend, IN 46601 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
RE: A proposed ordinance of PBS Properties,LLC to zone from GB General Business District to MU Mixed Use
District, property located at 3015 W.Western Avenue, City of South Bend-APC#2828-17,
Dear Council Members:
I hereby Certify that the above referenced ordinance of PBS Properties,LLC was legally advertised on June 8,
2017 and that the Area Plan Commission at its public hearing on June 20,2017 took the following action:
Upon a motion by John DeLee,being seconded by Oliver Davis and unanimously carried,a proposed
ordinance of PBS Properties,LLC to zone from GB General Business District to MU Mixed Use
District, property located at 3015 W.Western Avenue,City of South Bend, is sent to the Common
Council with a FAVORABLE recommendation.Rezoning this site to MU Mixed use will allow for
the reuse of an existing commercial structure in a manner consistent with the Comprehensive Plan.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arrivin at the above decision are shown
Fo g
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.
Sincerel ,
Lawrence P. Magliozzi
Attachment
CC: PBS Properties, LLC
Ciera Ewing and Richard Brooks
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S I C I N D P A N A.C 0 M 13 0 6 f.r..-p I,�
Staff Report
APC# 2828-17 Filed in Clerk's Office
Owner: PBS Properties, LLC JUN 21 2017
Location: 3015 W. Western Avenue
Jurisdiction: City of South Bend KAREEMAH FOWLER
Public Hearing Date: 6/20/2017 CITY CLERK,SOUTH BEND,IN
Requested Action:
The petitioner is requesting a zone change from GB General Business District to MU
Mixed District and seeking 2 variances from the development standards.
Land Uses and Zoning:
On site: On site is a retail establishment.
North: To the north is a single-family home zoned SF2 Single Family and Two
Family District
East: To the east is a retail store zoned GB General Business District.
South: To the south across Western Avenue are retail establishments, zoned MU
Mixed Use District.
West: To the west is a retail store,zoned MU Mixed Use District.
District Uses and Development Standards:
The MU Mixed Use District is established to promote the development of the a dense
urban village environment. The regulations are intended to encourage all the elements of a
traditional urban village, including: storefront retail; professional offices; and,dwelling
units located either in townhouse developments or in the upper stories of mixed-use
buildings. The development standards in this district are designed to: encourage a
pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian
scale, massing and relationship between buildings and structures within the district.
Site Plan Description:
The site plan includes an existing 2 story retail building situated near the middle of the
block. Only a portion of the building, approximately 4,500 square foot footprint, is
proposed to be rezoned. The remainder of the building will continue to be zoned GB
General Business. A shared parking area is located to the east of the site.
Zoning and Land Use History And Trends:
The site has been zoned GB General Business District.
Traffic and Transportation Considerations:
Western Avenue has 2 lanes with a center turn lane and on-street parking.
Utilities:
The site is served by municipal water and sewer
Agency Comments:
The City Engineer recommends approval subject to review and approval of utility
verifications, sidewalks, lighting, and overall improvements to the site. Development of
APC # 2828-17 Page 1 of 3
Staff Report 6/12/2017
the site requires City approval of a Drainage Plan and meets the requirement to store all
runoff from developed areas on site,.along with compliance with the City's Downspout
Disconnection Program.
The Department of Community Investment is supportive of the request. Mixed Use Zoning
permits the proposed use and leaves open options of use on the second floor of the
building for retail, office, or residential space. MU zoning would also inhibit fewer and
smaller variances for the site, such as setbacks and foundation landscaping. Zoning to MU
would be most consistent with the West Side main Street's Plan vision for a mixed-use
neighborhood center in this stretch of Western Avenue(west of Olive node).
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 the West Side Main Streets Plan(2014): Create
Desitnations and Focus Retail into Nodes rather than Strip Development; and City Plan,
South Bend Comprehensive Plan (November 2006), LU 2.2: Pursue a mix of land use
along major corridors and other locations identified on the Future Land Use Map.
Land Use Plan:
The Future Land Use Map identifies this as a Mixed Use Node
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Western Avenue between the Olive Street node and Kentucky Street is a neighborhood of
commercial, mixed use and residential uses.
3. Most Desirable Use:
The most desirable use is one that is compatible with the mixed use and commercial nature
of the Western Avenue Corridor.
4. Conservation of Property Values:
Due to the existing nature of neighboring Mixed Use development and the commercial
nature of Western Avenue,the surrounding property values should not be adversely
affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow for the reuse of the commercial
structure for a less intense use.
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning of two variances 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.
APC# 2828-17 Page 2 of 3
Staff Report 6/12/2017
The petitioner is seeking the following variance(s):
1) from the required landscaping of required perimeter yards to none;
2) from required minimum 30 off-street parking spaces to 0
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;
The proposed variances should have no impact on the public health, safety and general
welfare of the community.
(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;
Due to the existing commercial character and use of the area,the use and value of adjacent
properties should not be adversely affected by the requested variances.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the ordinance would result in practical difficulties in the use of the
property. Due to the commercial nature of Western Avenue,there is an insufficient amount
of land and daylight to adhere to the landscaping requirements of the ordinance. The site is
located mid-block with a zero-lot line to one side and insufficient side yard and alley space
to accommodate the parking requirements or the landscaping required at this site. Portions
of the building would need to be demolished in order to meet strict application of the
ordinance.
Staff Comments:
The staff has no additional comments.
Recommendation:
Based on the 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 variances.
Analysis:
Rezoning this site to MU Mixed use will allow for the reuse of an existing commercial
structure in a manner consistent with the Comprehensive Plan.
APC # 2828-17 Page 3 of 3
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KAREEMAH FOWLER CITY OF SOUTH BEND -
CITY CLERK,SOUTH BEND,IN
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