HomeMy WebLinkAbout55-17 Rezoning for Property at 212 South Street "' LAWRENCE P. MAGLIOZZI
r.XGCUTIVE DIRECTOR
Angela M. Smith
D'.P.:ly 1)I re,t,,
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BE\D, INDIANA 46601 (i74) 23i-9571
October 18, 2017
5,
South Bend Common Council
41h Floor, County-City Building OCT 18 2017
South Bend, IN 46601
c
RE: Bill #55-17
Rezoning: APC#2839-17 - 212 East South Street, South Bend
Dear Council Members:
The Area Plan Commission held a public hearing on October 17, 2017 for the above reference petition,
This petition is set for public hearing before the Common Council on Monday,October 27, 2017.
Ordinance &Petition Amendments:
The following changes have been made to the above referenced petition:
Ordinance:
1) The Ordinance was amended to request zoning to the OB Office Buffer District
2) Variances were updated to match the revised site plan
A Copy of the revised petition and ordinance are attached,
Public Hearing Summary:
There was no one present 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.
Since ely,
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 0 U N T Y I NO 1 A N A.C OM/AREA P L A N
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Ilo purr L7irre74: '
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 C011NTY-CI-I'Y B111LD ING, SOLIT11 BEND, INI)TANA 46601 (574)235-9571
Wednesday, October 18, 2017 l Fed Its i.aem—S U
The Honorable Council of the City of South Bend OCT 18 2017
4th Floor, County-City Building
South Bend, IN 46601 `
RE: A proposed ordinance of Robert G, Bottorff, II to zone from SF2 Singe FaniTy&Two FMmily-Distriet to,MU
Mixed Use District property located at 212 East South Street, City of South Bend-APC#2839-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Robert G. Bottorff, II was legally advertised on October 5,
2017 and that the Area Plan Commission at its public hearing on October 17,2017 took the following action:
Upon a motion by Oliver Davis,being seconded by John Leszczynski and unanimously carried,a
proposed ordinance of Robert G, Bottorff, II to zone from SF2 Single Family&Two Family District
to OB Office Bufffer District,property located at 212 East South Street,City of South Bend,is sent to
the Common Council with a FAVORABLE recommendation,AS AMENDED.
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.
I
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.
i
Sincerely,
Lawrence P. Magliozzi
Attachment
CC: Robert G. Bottorff,II
SERVING ST. JOSEPH COUNTY . SOUTH BEND, LAKEVILLE . NEW CARLISLE, NORTH LIBERTY , OSCEOLA & ROSELAND
W w w.5 1 C I N V I AN A.C O N 11 0 6 1 1, ,a•,I,p
Staff Report 10/6/2017
APC# 2839-17 .
Owner: Robert G. Bottorff, II
Location: 212 East South Street OCT 18 2017
Jurisdiction: City of South Bend
Public Hearing Date: 10/17/2017
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family
District to MU Mixed Use District and seeking 2 variances from the development
standards.
Land Uses and Zoning:
On site: On site is a single family home.
North: To the north across South Street are single-family homes zoned MF 1 Urban
Corridor Multifamily District
East: To the east is a vacant lot zoned MF 1 Urban Corridor Multifamily District
South: To the south is a church zoned SF2 Single Family and Two Family District
West: To the west is a church zoned SF2 Single Family and Two Family 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 residential building situated in the middle of the
block. The building area is approximately 2,675 square feet and sits on a 55' by 55' square
lot. The petitioner is proposing to convert the building for law offices.
Zoning and Land Use History And Trends:
Since the new zoning maps were adopted in 2004,this area has contained a mixture of
uses.
Traffic and Transportation Considerations:
South Street has two lanes.
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
the site requires City approval of a Drainage Plan and meets the requirement to store all
APC 4 2839-17 Page 1 of 3
Staff Report 10/6/2017
runoff from developed areas on site, along with compliance with the City's Downspout
Disconnection Program.
The Department of Community Investment(DCI)offers a favorable recommendation. To
mitigate any potential negative impacts on surrounding properties,the petitioner may wish
to offer written commitments to limit the property to residential or office uses and to limit
the number of residential units to two.
DCI offers a favorable recommendation on the variance to the eliminate the minimum
parking requirement. Potential uses on the site are not significant traffic generators and
adequate on-street parking is available adjacent to the site. DCI also offers a favorable
recommendation on the variance to provide no perimeter yard landscaping, subject to the
petitioner providing one additional shade tree in the tree lawn along South Street.
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 City Plan, South Bend Comprehensive Plan, (November,
2006), Objective LU2: Encourage a compatible mix of land uses in the community.
Land Use Plan:
The future land use map identifies this area as high density residential.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The area is predominately single-family and two-family residential in character,with more
intense districts located along Michigan Street and Sample Street.
3. Most Desirable Use:
The most desirable use is one that is compatible with the single-family neighborhood.
4. Conservation of Property Values:
If the site developed for retail uses, surrounding property values could be adversely
affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow for the reuse of a residential structure
provided the use does not have a negative impact on the adjacent residential area.
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning and 2 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 landscaping of required perimeter yards to none;
2) from the minimum 10 required off-street parking spaces to none
APC# 2839-17 Page 2 of 3
Staff Report 10/6/2017
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 would 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;
Because of the availability of on street parking and existing vegetation on the site,the
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. The site is located mid-block with a zero-lot line to one side and an alley,which
leaves insufficient space to accommodate the parking requirements or the landscaping
required at this site.Large portions of the structure would need to be demolished in order
to meet strict application of the ordinance.
Staff Comments:
The uses requested in this petition are more consistent with the OB Office Buffer District.
The staff would recommend that the petitioner consider amending their request to the OB
Office Buffer District. The OB Office Buffer District would limit the allowable uses to a
range of uses that are suitable to the size and location of the property, and the neighboring
area in which it is located.
Recommendation:
Based on information available prior to the public hearing,the staff recommends the
rezoning petition be sent to the Common Council with an unfavorable recommendation.
The staff recommends approval of the variances, subject to adding one additional shade
tree on South Street.
Analysis:
Rezoning the property to MU Mixed Use District would allow several retail uses that may
not be compatible with the residential character of the neighborhood. The OB Office
Buffer District would allow the use requested, with additional oversight by Council on any
retail uses listed under the Special Exception Uses section of the district.
I
APC 4 2839-17 Page 3 of 3
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 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 RECORDED OF ST. JOSEPH COUNTY,
INDIANA.
be and the same is hereby established as OB OFFICE BUFFER DISTRICT.
SECTION Il.
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 . , at o'clock M.
City Clerk
Approved and signed h» m9On the day 0f . 2_____' 8t �
o'clock . no.
Mayor, City of South Bend, Indiana
Jin Cie
OCT 18 2017
- ------'
PETITION FOR ZONE MAP AMENDYMENT
'City o 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
,Scnrth I3ertd.,St,,.loseph Count3,. 112cliarta 46601
2) The property Tax Key Number(s)is/are: 71-08-12-331-001.000-02t
<<.. In Cleo-
3) Legal Descriptions: See 1XII1BIT';4"attached herty. s
4) Total Site Area: less tluuz.25 acre 8 2017'
5) Name and address of property owner(s)of the petition site:
Robert G. Rollor.I/-II j
5505 Bull Creek Road l --
Charlestown, C lawk C'otutty,Indiana 47111
(812)406-5189
bob@bettercallbob.org
Name and address of additional property owners, if applicable:NIA :
L� `{. .�
6) Name and address of contingent purchaser(s),if applicable:
Nia SEP 2 a ?u17
Name and address of additional property owners,if applicable:N/A
i
7) It is desired and requested that this property be rezoned:
From: SF2 Single Family Two Family District Additional zoningcish•ict,if applicable
To: MU Mixed Use District
8) This rezoning is requested to allow the following use(s): The propert),is intended for use as a lain nice or legal
services husiness•.
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to nextsection);
1) Karicnrces beh?g requested include the•/allow nSf
A. Variance to they Land cape Regulations related to Mixed Use Disu•ia.v(see.Section 21-07.0)(1y)(1))
1'eritioner is reguesling a variance to the above listed regulation. that requires a ruhritnum ofone 0)deciduous
shade Ire e planted evet7,for•v(40)feel oflot line or one(1)orrrarrtetttal tree planted ticeim-"ivc'/cNt('f lot line,
The petitioner is seeking variance gfthis requirentent to read no decidiicros or ornamental trees u,i/l be requireel
to be planted alotrg the. lot lines o/'the sul;jecl properlY for the rc:us•onsstated herein (to be supideynented by
evidence of unv hearing held upon This petition).
B. Parlance to the Q#--Street Parking Requirements(see generallv.Scah,?n 2).7.E?-1,
Petitioner is seeking Variance to the above listed r•evdations as it rL'latr'S to r'egIJlYYtI U�f-sir cet parking. T1ta 1nt
itse(f is,so smetll 1/4'11 110 of:stre;el parking is practicable in any wen).As sire h,all strj)'•rnentbens and clientele gill
be required to park on the street.,Such purkittg does not, however.pose any signiji'cant change in the c rurenl
Traffic patterns, or is likely to otherwise cause congestion. 71ere are nitmer•ous open spaces along the north
facing line of file sul jec•t properly,do""?to the next block;the lots directly adjacent to the sNbjecl propertyare
not developed lots, but contain a church side-yard(that, if parking is eve)"needed, it is only needed on the
weekends or nights.fjrus not lnterfereing with the business hours at the subject property, which will largely be
,tdondav through 1?•iday durh7gr nor•nral business hours),and to the east is a cornu nrity park.
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. 777e property is located directly ac�acent to an alley on the ease
side. with irnproyentents right rip to the lot line;nn the rear la line (south lot line)the properly is buill
ivilhin two(2)feet qfa church building. on the west lot line, the lot is divided by o fence and vegetative
grov,ih that is on the adjrihrer;s property(grapevines), that grow up and over the fince of the sul.Jed
property and provides vegetative coyer along the entire lot line,fio•thernzare, the lot adjacent to the
subject property to the west is an open yard.space;the front facing lot line(north property line),is
bor-dereel by a concrete walking path. The absence of the crtrrently required trees under the codc is not
inhirious to thepublic health,.so 0), morals and general welfare tithe cotninunity,as the current we
ivill not substantially change,and adding fitrther vegetative coyer in this neighborhood has historically
allowed drug-users and other undesirable behaviors to take pierce unrler cover.
Parking Regulations. Because of the nature of the legal practice, and the number of expected employees,
parking for more than ten(10)cars at anji one time would be a highly untanal circumstance at this
location. In fact, it is wore likely that the mast at unv one time would be closer to eight(h)including all
supportslaffeald allorneys. &mic h, this additional parking uill not be h yurio7rs to the public healill,
srtfety, morals and general 4relfime gl'the cown7unity, especially in light of'the number ofopen on-,street
parking locations intn7ediately adjacent to the subject proper•1v.
(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 uhove, the value and use
gf'the adjacent pr•oper•tie>s in the area Will not s7 fifer by granting This variance.
Parking. For all the same reason listed above,the value and use of the adjacent properties in the area
11,111 1101 snf ftr t)j,the grantng of this variance request. especiall v ire light of the operational hours of the
pruposed legal business.and the times that parking is needed along the street(which is hpicall),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.,51ric•t application is practically<d V ficult, tine to the vrrald siee of the exi tnrg�lot's yard-spare.
Parking, ,Strict application i.s practice l lif}7cif1 7„ rt t(i°Tltt eta ?E!7Sjr'tYt�+exi:sling lot, and a complete luck
ofurea to tit,ve lop qff-streel park�Wg. 1l 1 tl hw, .x .� ,,_„yam, ,ry>,..:,, ..�,<, �.,, �,�,•
SEP 2 0-12017
.a`•.a �1... .:' .:i.rslSiO;�J It 1. 2 i17
i ::�'!zi`.:r'•;'::.') � J @ l.��: lh.�”:.,�'.� .f:,i :.•,. LVIt✓IY
IF A SPECIAL EXCEPTION USE IS BEING--REQUESTED;(if nor;�5'I�d# s tp,ttillnerasection)•..•:r
. ..: .. :
l) A detailed description and purpose of the Special Exception Use(s)being regites#ed: t�•'.':1
2) A statement on how each of the following standards for the grantingof 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: MM
(b) The proposed use will not injure or adversely affcot the�Ws of0e adjoi ent area or property values
therein: N/X
(c) The proposed use will be consistent with the character of the district in which his located and the land
uses authorized therein;and: 'XIA
(d) The proposed use is compatible with the recotntnertdations of the City of South Bend.Comprehensive
Plan.N44
* 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:
Robert G. 73ottor:I`fif
'OS East Court k)elrue
Je'Jersonrille, L�1
(ail?)91.1-7100
bob tc?beitercallbob.oi-g
I
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 ture(s)of all rope wne•(s),or slguatur of Attorney for all property owner(s):
i
so y
SeP 2 a 2017
4i1{•
,�sax..c�ev R�^n ;u.•..a "ar vw:SW+a:,�is
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Addendum
PETITIONER IS SEEKING VARIANCES AS FOLLOWS:
• From the required landscaping of required perimeter yards to none.
• From the minimum ten (10) required parking spaces to none (see attached p. 2 of
Addendum, showing parking ratios on Site Plan).
III
I
= d in Clerk's
OCT 18 2017
SEP 2 27017
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Rezoning from: CITY OF SOUTH BEND
"SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT
MASTER ZONING KEY to "MU" MIXED- USE DISTRICT
- SOUTH BEND"SF2"SINGLE FAMILY AND TWO FAMILY DISTRICT N
• SOUTH BEND"MF1"URBAN CORRIDOR MULTIFAMILY DISTRICT W E
SOUTH BEND"OB"OFFICE BUFFER DISTRICT OCT 18 2017
SOUTH BEND"MU"MIXED USE DISTRICT 3
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