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Home My WebLink About55-17 Rezoning- Property at 212 South Street LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Ucputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11 40 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +6601 (57#) 235-9571 September 1, 2017 South Bend Common Council 4''Floor, County-City Building Filed in Clerk's Office South Bend, IN 46601 SEP O 12017 RE: Rezoning for 212 East South Street, South Bend, IN KAREEMAH FOWLER APC#2839-17 CITY CLERK,SOUTH BEND,IN 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 September 11, 2017 Council meeting, and set it for public hearing at your October 23, 2017 Council meeting. The petition is tentatively scheduled for public hearing at the October 17, 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. S, cerel y,, David M Stanton, Jr. Planner CC: Bob Palmer 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 O M/A R E A P L A N ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 212 EAST SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT For use as a law office or legal services business 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 LOT OR PARCEL OF LAND 55 FEET IN LENGTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EASE- END OF LOT NUMBf HED THIRTY-TWO (32) AS SHOWN ON THE RECORDED PLAT OF TAYLOR'S FIELD ADDITION TO THE CITY OF SOUTH BEND, RECORDED APRIL 11 , 1893 IN PLAT BOOK 6, PAGE 49 IN THE OFFICE OF THE RECORDED OF ST. JOSEPH COUNTY, INDIANA. 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 SEP 01 2017 .;-LiC NEARING rd READING KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH SEND , [N REFERRED DA55ED 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: 212 East South Street ,South.Rend. St. Joseph County, Indiana 46601 2) The property Tax Key Number(s)is/are: '171-08-12-331-001.000-026 3) Legal Descriptions: :See EXHIBIT`.4°attached herto. Filed in Clerk's Office 4) Total Site Area: Less than.25 acre SEP 01 2017 5) Name and address of property owner(s)of the petition site: KAREEMAI-1 FOWLER Robert Cl. Bottc,11/1I CITY CLERK,SOUTH BEND,IN 5505 Bull Creek Road Charlestown, Clark County, .lndiana 47111 (812) 406-5489 bob Jl�ettercallbob.org Name and address of additional property owners, if applicable:N/A 6) Name and address of contingent purchaser(s), if applicable: - ;VIA F , L E D AUG 3 12017 AREA PLAN CWWSSION Name and address of additional property owners, if applicable:N/A 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: M-- U Mixed Use District 8) This rezoning is requested to allow the following use(s): The propert3 is ilrtellded far use as a lax Office or legal services business. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) Variances being requested include the follotiti•ing: A. Variance to the Landscape Regulations related to,Mixed Use Districts (see Section 21-07.01(bj(1)) Petitioner is requesting a variance to the above listed regulation, that requires a minimum of one (1) deciduous shade tree planted every forty(40)feet of lot line or one (1) ornamental tree planted tvventy-five feet Of lot line. The petitioner is:seeking,,variance of this requirement to read no deciduous or ornamental trees will be required to he planted along,,the lot lines (Y'the subject Property for the reasons stated herein (to be supplemented by evidence at any hearing held upon this petition)'. R. Variance to the()Jj-'Street Parkingy,Requirements (see generally Section 21-T04) .Petitioner is seeking variance to the above listed regulations as it relates to required of 11'streetparking The lot itselfis so small that no qf f'-street parking is practicable in any way. As such, all stuff members and clientele will be required to park on the street-. Such parking does not, however.pose any significant change in the current traffic _ the north ffic patterns, or is likely to otherwise cause congestion. There are numerous open spaces along facing line of the subject property, down to the next block; the lots directly adjacent to the subject properly,are not developed lots, but contain a church side-Yard(that, ifpcirking is ever needed, it is only needed on the weekends or nights, thus not interftreing with the business hours at the subject property, which will largely be -'V -ough Friday during normal business hours), and to the east is a community park. - fmidaY thi 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: Landscape Regulations. The properly is located directly ac jcwent to an alley on the east side. with improvements right up to the lot line; on the rear lot line (south lot line) the properly is built within two (2)feel of church building on the west lot line, the lot is divided by aftnce and vegetative grobvlh that is on the ad joiner's property (.7apevines), that grow up and over the mce(Tf the subject property and provides vegetative cover along the entire lot line,furthermore, the lot adjacent to the :subject property to the west is an open yard space: the ftontfacing,lot line (north property line). is bordered by a concrete walking path. The absence of the currently required trees under the code is not injurious urious to the public health, safety, morals and general welfare of the community, as the current use will not substantially change, and adding ,further vegetative cover in this neighborhood has historically allowed drug-users and other undesirable behaviors to take place under cover. Parking Regulations. Because of the nature oJ'the legal practice, and the number of'expected employees, parking,lbr more than ten U0)cars at any one time.me would be a highly unusual circumstance tit this location. In fact, it is more likely that the most at unY one time would be closer to eight(8) including all support staff and attorneys. As such, this additional parking will not be injurious to the public health, safety, morals and general welfare ofthe community, especially in light of the number of open on-street parking locations immediately adjacent to the subject property. (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: Landscape. For all the same reasons listed above, the value and use of'the adjacent properties in the area will not suffer by granting this variance. Parking. For all the same reason listed above, the value and use of the adjacent properties in the area will riot stiffer by the granting of'this variance request. especially in light of the operational hours of the proposed legal business, and the times that parking is needed along the street(41hich is hpically after business hours or on the weekends). (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Landscaping. .Strict application is practically difficult, due to the small size of the existin g--lot's yard-space. Parking. Strict application is practically dcult due to the small size of the existing lot, and a complete lack qf area to develop of-'street F ILE 1) AUG 3 12017 1I� 1, APR: P1 7)M1 WSSION 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."11 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: ,V/.,,l Y (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: ';�1 (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,N4 * 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: Itc>hert G. I3ottr rff'H %fly East('curt.Avenue .Ieffersnn ille, L4' (812) 514 100 soft�it hettercallboh,org 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. Si (s)of 11 e / er(s), or signature-of Attorney for all property owner(s): FILED AUG U 12017 AREA PLAN COM 4 Sl N (AB.1 �.�rsA 5..Ef•,. EXHIBIT A A lot or parcel of land 55 feet in length, East and West, taken off of and from the entire width of the East end of Lot Numbered Thirty-two (32) as shown on the recorded plat of Taylor's Field Addition to the City of South Bend, recorded April 11, 1893 in Plat Book 6, page 49 in the Office of the Recorder of St. Joseph County, Indiana. II..L AUG 3 1 2017 AREA PLAN COMMISSION 7 Cn V , 5 tank Y�a a. i Y 55 P f � 1 i� pC OC CC pC Y B Y 0 n goo 0000.0. L0._ AUG 3 12017 AREA PLAN COI N41SSION