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Home My WebLink About34-17 Rezoning- Menards at 4640 Michigan Ave LAWRENCE P. MAGLI0ZZI 1ix1•.cu rn•F DIR[( I(,u Angela M. Smith uep111,u1„e,1nY AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. IF.FF F.RSON BLVD., ROOM 1140 ('011NTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74)215�9571 Wednesday,July 19,2017 [T;Clerk'S Offi,e The Honorable Council of the City of South Bend 4th Floor, County-City Building 19 2017 South Bend, IN 46601 KAREEMAI-I FOWLER 1' RE: A proposed ordinance of Menard, Inc. A Wisconsin Corporation to zone fro CITY CL ,S B ND,IN Family District and GB General Business District to CB Community Business District, property located at 4640 South Michigan Street; 237, 305, and 313 Reasor Street; 4637,4701,4707 Fellows,and vacant parcel south and adjacent to 4707 Fellows Street,City of South Bend-APC#2829-17. Dear Council Members: I hereby Certify that the above referenced ordinance of Menard,Inc. A Wisconsin Corporation was legally advertised on July 6,2017 and that the Area Plan Commission at its public hearing on July 18,2017 took the following action: Upon a motion by John DeLee,being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Menard, Inc. A Wisconsin Corporation to zone from SF Single Family &Two Family District and GB General Business District to CB Community Business District,property located at 4640 South Michigan Street;237, 305,and 313 Reasor Street;4637, 4701,4707 Fellows,and vacant parcel south and adjacent to 4707 Fellows Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this site to CB Community Business District will allow for the reuse of an existing commercial property in a manner consistent with the Comprehensive Plan. 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. Sincere , n � 4� Lawrence P. Magl iozzi Attachment CC: Menard, Inc.A Wisconsin Corporation SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W w.S I C I N D I A N A C O M/)6 6 1.r•r-p 1,, Filed in Clerk's Office Staff Report M2419 2017 APC# 2829-17 KAREEMAH FOWLER Owner: Menard, Inc.A Wisconsin Corporation CITY CLERK,SOUTH REND, IN Location: 4640 South Michigan Street; 237, 305,and 313 Reasor Street; 4637, 4701, 4707 Fellows, and vacant parcel south and adjacent to 4707 Fellows Street Jurisdiction: City of South Bend Public Hearing Date: 7/18/2017 Requested Action: The petitioner is requesting a zone change from GB: General Business District and SF I: Single Family and Two Family District to CB: Community Business District Land Uses and Zoning: On site: On site is a former retail space North: To the north is a retail automotive establishment zoned GB General Business District,vacant lots zoned CB Community Business District, and homes zoned SF Single Family and Two Family District East: To the east across Fellows Street are homes zoned SF Single Family and Two Family District South: To the south is the St. Joseph Valley Parkway West: To the west across Michigan Streets is a retail complex zoned CB Community Business District District Uses and Development Standards: The CB - Community Business District is established to provide a location for high volume and high intensity commercial uses.Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: The 4.15 acre site is part of a larger project to convert the retail structure adjacent to the lots currently being rezoned. A proposed 207,469 square foot retail store will be accessed by St Joseph Street. The areas being rezoned are primarily shown as retention areas on the proposed site plan. The remainder of the project area is already zoned CB Community Business District. Zoning and Land Use History And Trends: This area has grown as a commercial node since the 1970s. In 1971,the Common Council approved rezoning the site to "commercial,"then known as the K-Mart Bright-Way Area. The adjacent property to the north was also rezoned at the same time. Traffic and Transportation Considerations: St Joseph Street has 2 lanes. Fellows Street has 2 lanes. Reasor Street has 2 lanes. The site is also adjacent in proximity to Ireland Road and an off ramp from the US Highway 20 and Michigan Street interchange. APC # 2829-17 Page 1 of 3 Staff Report 7/6/2017 Utilities: The site will be served by municipal water and sewer Agency Comments: The City Engineer recommends approval subject to review and approval of sidewalks, curb cut, lighting, and overall improvements to the site. Development of 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. Sidewalks will be brought up to ADA compliance. Excess sidewalk along the southern edge of the property line is to be removed and replaced with grass. Curb around the site is to be brought up to City standard. Existing approaches not used by the site are to be removed and replaced with curb,tree-lawn, and sidewalk. The Department of Community Investment offers a favorable recommendation. The rezoning is consistent with the Michigan Street-Ireland Road regional commercial node shown on the City Plan Future Land Use Map and with surrounding commercial land uses. This rezoning will improve the appearance of a key gateway to the City, facilitate a major retail redevelopment, and provide additional services to south side residents. To further strengthen the project, DCI recommends the following: The most sensitive portion of the Menard's project is the interface with the residential properties to the east. To buffer the hardware store site and maintain the general character of the residential area,the petitioner should seek to hide the view of the lumberyard and potential eastern retention pond from Fellows Street. Acknowledging that engineering has not yet been completed to determine the pond's size or depth, DCI suggests that the pond be placed fully beyond the 25' residential setback along Fellows. While evergreens may be provided as buffer yard screening,the street edge along Fellows should have shade trees. To the extent that the area is not used for the pond,the mature trees to the east and northeast of the site should be retained. If maintained between the building and pond,these large trees may be especially helpful in screening the lumberyard wall. To support Complete Streets principles: a comfortable pedestrian route should be established between the store's front door and the proposed sidewalk along St.Joseph Street; the bicycle parking spaces should be located between the front door and the end of St. Joseph Street; and,the four driveway approach stubs along Fellows Street should be removed and in-filled with standard curb and sidewalk. 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 City Plan, South Bend Comprehensive Plan (November 2006)Policy ED 1.2 Encourage reuse of abandoned and underutilized land and structures Land Use Plan: The Future Land Use Map identifies this area for commercial land uses Plan Implementation/Other Plans: There are no other plans in effect for this area. APC # 2829-17 Page 2 of 3 Staff Report 7/6/2017 2. Current Conditions and Character: The site is located in a regional commercial node near the intersection of Ireland Road and Michigan Street(US Highway 31). This site is adjacent to the CB Community Business District along Ireland Road and continues to develop as a regional commercial node. 3. Most Desirable Use: The most desirable use is one that supports the commercial nature of the area. 4. Conservation of Property Values: Due to the fact that is was formerly a retail center with the commercial nature of Ireland Road nearby,the surrounding property values should not be adversely affected. Proper buffering and limited access will help protect the surrounding residential properties on Fellows Street. 5. Responsible Development And Growth: It is responsible development and growth to allow for the reuse of the commercial structure 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. Analysis: Rezoning this site to CB Community Business District will allow for the reuse of an existing commercial structure in a manner consistent with the Comprehensive Plan. 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MAGLIOZZI E X F.C.LIT IVL 1)1 RE CTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JLFFLRSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUIH BLND, INDIANA 46601 (Si+J 2i; ,-1 June 5, 2017 South Bend Common Council 4`h Floor, County-City Building South Bend, IN 46601 RE: Rezoning for 4640 South Michigan Street, South Bend, IN APC#2829-17 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 June 12, 2017 Council meeting, and set it for public hearing at your July 24, 2017. Council meeting. The petition is tentatively scheduled for public hearing at the July 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: Aladean DeRose Filed in Clerk's Office JUN 0 6 2011 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN 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 INDIANA.C O M t A R E A P L A N 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: The properties east, south, and adjacent to the former K-Mart located at 4640 South Michigan Street, namely the residences located at 237, 305, and 313 Reasor Street, a sliver of former INDOT right-of-way for Reasor Street, four(4)vacant parcels created as part of the acquisition of the Fellows Street overpass, and the southernmost portion of Gurley Leep Ford dealership. 9 parcels in total South Bend, Indiana 46614 2) The property Tax Key Number(s)is/are: 71-08-25-326-041.000-002(1.38 acre/Gurley Leep(B-1)), -019.000- 002 (0.74 acres/Fellows Vacant Land(B-2)), -020.000-002(0.67 acres/Fellows Vacant Land(B-3)), -021.000-002 (0.58 acres/Fellows Vacant Land(B-3)), -022.000-002 (0.57 acres/Fellows Vacant Land(B-3)), -034.000-002 (0.034 acres and 0.49 acres/Reasor INDOT Vacation and Residence(B-4 and B-5)), -033.000-002 (0.53 acres/ Reasor Residence(B-6)), -032.000-002 (0.47 acres/Reasor Residence(B-7)) 3) Legal Descriptions: Rezoning Depiction on Exhibit A and Rezoning Legal Description on Exhibits B-1 to B-7 4) Total Site Area: 5.464 acres 5) Name and address of property owner(s)of the petition site: Menard, Inc., a Wisconsin corporation 5101 Menard Drive Eau Claire, WI 54703 715-876-2810 Attn: Tom ONeil/toneil@menard-inc.com 6 Name and address of additional property owners, if applicable: �� 0� 2017 6) Name and address of contingent purchaser(s), if applicable: AREA F1J COs►1111'ItSSIOR! Not Applicable Filed in Clerk's Office Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: JUN 0 6 2017 From: GB General Business District SF1 Single Family Two Family �rnKAREEMAH FOWLER r�YrLERK SOUTH BEND,IN To: CB Community Business District 8) This rezoning is requested to allow the following use(s): Menards home improvement store IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) Not applicable 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: ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4640 SOUTH MICHIGAN STREET; 237, 305, AND 313 REASOR STREET; 4637, 4701 , 4707, AND VACANT PARCEL SOUTH AND ADJACENT TO 4707 FELLOWS STREET; COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Establish a new Menards Home Improvement 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: The northeast corner of US-31 and US-20 (St. Joseph Valley parkway) more particularly described as: LOT 2 OF GURLEY LEEP MINOR SUBDIVISION: AND LOTS 15 — 17 OF HARTMAN TERRACE, EXCLUDING ANY PORTIONS THEREOF SOLD TO THE STATE OF INDIANA: AND A PART OF THE EAST HALF OF THE SW QUARTER OF SEC. 25. T. 37 N.. R. 2 E., BEGINNING AT THE SW CORNER OF LOT 16 OF HAWBLITZEL ADDITION AMENDED PLAT; THENCE WEST 200.5 MORE OR LESS ALONG THE SOUTH LINE OF LOT 2 OF GURLEY LEEP MINOR SUBDIVISION TO THE SW CORNER OF SAID LOT 2; THENCE SOUTH 460' MORE OR LESS PARALLEL TO THE WEST LINE OF HAWBLITZEL ADDITION AMENDED PLAT, TO A POINT 114.82' MORE OR LESS NORTH OF THE NORTH LINE OF HARTMAN TERRACE; THENCE EAST PARALLEL TO THE NORTH LINE OF HARTMAN TERRACE 83.4' MORE OR LESS TO THE ROW OF FELLOWS ST.; THENCE NE AND NORTH TO THE SOUTH LOT LINE, EXTENDED, OF LOT 16 OF HAWBLITZEL ADDITION AMENDED PLAT: THENCE WEST ALONG SAID LOT LINE TO THE POINT OF BEGINNING. 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 2 , at o'clock M. Mayor, City of South Bend, Indiana Tiled in Clerks Office f �jN' '0 6 2017