The URL can be used to link to this page

Home My WebLink About33-17 Rezoning- Property at 1709 W. Lincolnway West LAWRENCE P. MAGLIOZZI FS[('ll'1'IVF WRECTOR qP Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 ('OIINTY-CITY BUILDING, SOUTH BENI), INDIANA 46601 (574)235-9S71 Wednesday, September 20,2017 Filed in Clerk's Office The Honorable Council of the City of South Bend SEP 2 0 2011 4th Floor, County-City Building South Bend, IN 46601 KAREEMAi FOWLER CITY CLERK,SOl jTH BEMD, IN RE: A proposed ordinance of Monarch Industries Towel&Uniform Rental to zone from LB Local Business District to CB Community Business District,property located at 1709 Lincoln Way West,City of South Bend-APC#2831-17. Dear Council Members: I hereby Certify that the above referenced ordinance of Monarch Industries Towel &Uniform Rental was legally advertised on August 3,2017 and that the Area Plan Commission at its public hearing on September 19,2017 took the following action: Upon a motion by Robert Hawley, being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Monarch Industries Towel &Uniform Rental to zone from LB Local Business District to CB Community Business District,property located at 1709 Lincoln Way West,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, the following written commitments: I)to limit the number of vehicles parked on the site or overnight to no more than 5; and 2) no barbed-wire fencing. 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. 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, F;e,Lawrence P. O�ZZIVil Attachment CC: Monarch Industries Towel&Uniform Rental David Blake SERVING ST. JOSEPH COUNTY , SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W w w.5 1 C I N D I A N A.C 0 11)]0 6/a.e a-p I a n LAWRENCE P. MAGLIOZZI C EXECUTIVE mRF.CTOR Angela M. Smith Deputy 111—t., AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFLRSO\ BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BE\D, INDIANA +6601 (37+) 233-9S71 September 20, 2017 South Bend Common Council 4"1 Floor, County-City Building South Bend, IN 46601 RE: Bill#33-17 Rezoning: APC#2831-17 - 1709 Lincoln Way West,South Bend Dear Council Members: The Area Plan Commission held a public hearing on September 19,2017 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, September 25, 2017. Ordinance &Petition Amendments: The following changes have been made to the above referenced petition: Petition: 1.) A variance was added to correspond to updated site plan Public Hearing Summary: There was nobody to speak in favor or opposition to the proposed rezoning. If you have any further questions, please feel free to contact me at(574)235-9571. S incerel�, David M. Stanton, Jr. Filed in Clerk's Office Planner SEP 2 0 2017 KAREEMAH FOWLER CITY CLERK,SOUTH BEND IN CC: Bob Palmer ___ SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T I 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 Staff Report 8/14/2017 APC # 2831-17 ----°---- Filed in Clerk's Office Owner: Monarch Industries Towel &Uniform Rental Location: 1709 Lincoln Way West SEP 2 0 2017 Jurisdiction: City of South Bend Public Hearing Date: 8/15/2017 KAREE�YI�H FOWLER CITY CLERK,SOUTH BEND, IN Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District and 3 variances from the development standards Land Uses and Zoning: On site: On site is an vacant vehicle repair establishment North: To the north is a vacant home zoned LB Local Business District East: To the east is a retail establishment zoned LB Local Business District South: To the south across Lincoln Way West is a business zoned LB Local Business District West: To the west across College is a restaurant zoned MU Mixed Use 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 site plan includes and existing single story building situated at the corner of College and Lincoln Way West. The site is fully enclosed by a barbed fence. Zoning and Land Use History And Trends: This site has historically been zoned for commercial use. Traffic and Transportation Considerations: Lincoln Way West has 2 lanes with a center turn lane and on-street parking. College Street has 2 lanes Utilities: The site is 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 are to 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 surrounding the site is to be brought up to City standard. Existing approaches not used by APC # 2831-17 Page 1 of 3 Staff Report 8/14/2017 the site are to be removed and replaced with curb,tree-lawn, and sidewalk. The Department of Community Investment is supportive of the request subject to suggestions to strengthen the project and mitigate negative impacts on surrounding properties and overall appearance of the area. The West Side Main Streets Plan identifies this parcel as part of the Wilber Node on Lincoln Way West. As such, over time,the area should fully transition to an urban mixed-use form, but given weak market pressures currently, other interim uses may be acceptable. DCI recommends that the property owner or potential tenant do the following: Remove the existing high chain link fence with barbed wire. If security is a concern, a four-foot decorative metal fence having a spear-top picket design can be installed. Provide landscaping along street edges (across entire W. Lincoln Way frontage and across all of College frontage except for the southern driveway approach that is currently utilized). Ideally, a planting strip about 5' wide with a hedge row of 3' tall shrubs would be installed, but as an alternate, 2' or more tall planter boxes could be placed on the existing concrete. To lessen the impact of one required variance, the petitioner can provide landscaping here (and west of the building) in lieu of foundation landscaping. Provide a written commitment to limit the number of cars parked on the site at any one time (such as to the number of legal parking spaces)or the number parked there overnight. Commitments: The staff is requesting written commitments: 1)to limit the number of vehicles parked on the site or overnight to no more than 5; and 2)no barbed-wire fencing. 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 Destinations 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 and Commercial Node Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Lincoln Way West between the Olive and the Wilbur Street node is a neighborhood of commercial, residential, and mixed uses. Portions of Lincoln Way West just west of the site have recently seen a significant amount of investment with new streetscape improvement and building upgrades. 3. Most Desirable Use: The most desirable use is one that is compatible with the commercial and mixed use nature of the Lincoln Way West Corridor. 4. Conservation of Property Values: Due to the existing commercial nature of Lincoln Way West,the surrounding property APC 4 2831-17 Page 2 of 3 Staff Report 8/14/2017 values should not be adversely affected 5. Responsible Development And Growth: It is responsible development and growth to allow for the reuse of commercial structures Combined Public Hearing This is a combined public hearing procedure,which includes a rezoning and 4 variances from the development standards. The Commission will forward the rezoning to the Council with or without a recommendation and either approve or deny the variances. The petitioner is seeking the following variance(s): 1) from the required foundation landscaping to none 2) from the required minimum of 7 parking spaces to 5 parking spaces 3)from the required 4'maximum fence height to 6' 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 development 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; The use and value of adjacent properties should not be adversely affected by the requested variances because they are consistent with the existing site and surrounding area. (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 require additional land to be acquired to accommodate the parking, setbacks, and associated screening. It is the staffs opinion that the proposed placement of the building and parking area are optimized for this site. The installation of all required landscaping would require major adjustments to the site. 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 subject to written commitments. The staff recommends approval of all variances, subject to removing the barbed wire from the site. 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. APC # 2831-17 Page 3 of 3 pi w rZ�OfdlfJc� fF7 Tr ['� i 5 1 R + f 1 w 'SEP 2 0 zi A.(-, t — KAREEf,. =� l'i nch =?100 feet. r �. -PORTAGE�T,OWNSH I:P SFZ SFZ. SFZ' SFZ a .. •:r d � 1 i _ SF, - �IU SFZ 1 LB Mu - SF2 CB c, LB SF2 . i JRf: •�}� rte, __ _ � i. �- .,mu Ll c Rezoning from: "LB" LOCAL BUSINESS DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT CITY OF SOUTH BEND W STER ZONING KEY riled in Clerk's Office N SOUTH BEND "SFZ"SINGLE FAMILYAND TWO FAIJILYDIStRICT W E SOUTH BEND "MU"MIXED USE DISTRICT SEP 20 2017 S SOUTH BEND "LB"LOCAL BU SINE SS DISTRICT KAR(;cE..ft>AIA FOWLER 1 inch = 100 feet SOUTH BENC "CB-COMMUNITYBUSINESSCISTRIC- CITY CLERK SOUTHBEND P" ! SOUTH BEND "LI"LIGHT INDUSTRIAL DISTRICT APC # 2831 -17 '1 hl 1 � rb c�aS'ggz'N 0 o � RIMER � tires 4 jy is t h �'�r�y $a�a3a Ch T a, yt�a a� � 1 r I � wi SO { !� arl�'R�• Y t r�l�:,l' li.r _rL i � _ i - N,.1 i� It; 1 ' S• cS � ,I .•I i •I r . Ls1 '. I f{ t p L11 -.5 a6a��o� 1=ileVin CA k' o fit` SEP'2 0 2011' v W ......... ...... cv �3 rororo J. LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director ?ARPEAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235-9571 June 5, 2017 South Bend Common Council 4''Floor, County-City Building South Bend, IN 46601 RE: Rezoning for 1709 West Lincolnway, South Bend, IN APC#2831-17 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. Since ly, avid M Stanton, Jr. Planner CC: Aladean DeRose Filed in Clerk's Office JUN 062017 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 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 1709 W. LINCOLNWAY, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Automobile 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 39-40 OF AUGUSTINE'S ADDITION, EXCEPTING THEREFROM THE NORTHERN 51 .8 FEET be and the same is hereby established as CB Commercial 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 Filed in Clerk's Office JUN 06 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: 1709 W Licoln Way South Bend, IN 46628 2) The property Tax Key Number(s) is/are: 18-2073-2690 3) Legal Descriptions: Lots 39-40 of Augustine's Addition, excepting therefrom t Filed in Clerk's Office 4) Total Site Area: 0.24 acres 5) Name and address of property owner(s)of the petition site: J 6 2017 Monarch Industries Towel& Uniform Rental KAREEbIAH FOWLER 2810 N Foundation Dr. South Bend, IN 46628 CITY CLERK,SOUTH SEND, IN Phone number with Area Code: Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name Fl IL ': 10 Address City, State Zip Code JUN O 3J 2 L9'7 Phone number with Area Code r. E-Mail Address Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: LB Local Business District Additional zoning district, if applicable To: CB Community Business District 8) This rezoning is requested to allow the following use(s): Autombile repair IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) 1.)From the required foundation landscaping to none; 2)From the required 7 parking spaces to 5 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: (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: (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: IJ.i I - t0 n c r LO o ry'1a a, �j a II _ Fir �'.�_ e_�• .r _ 6 - ° '. E-6 $N c• MW- M 8�:6 SJAN+w -�I.: EM 74�cy ➢i 3 }, ch m I c — F�y r I�: } — --- r 1 r ,, O / 6 o � , F o _ J 7 � R C W O _ y3S m i _ y Lu J ... L' ff� -- -- O N ( - — S -.q;