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Home My WebLink About04-18 Mishawaka and S. 21st St Zone Map Amendment LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith qm Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1 140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S-9571 January 3, 2018 Filed in Clerk's Office Honorable South Bend Common Council JAN 0 3 2018 4"'Floor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH PEND,IN RE: 2104, 2108, and 2112 E. Mishawaka Ave. and 914 and 918 S. 215 Street APC#2858-17 Dear Council Members: Enclosed in 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 January 8, 2018 Council meeting,and set it for public hearing at your February 26,2018 Council meeting.The petition is tentatively scheduled for public hearing at the February 20, 2018 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, Angela M. Smith Deputy Director 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 Filed in C'}- .:;nice EJA'N!L- KAR,F-MAH ORDINANCE NO. FOWLER CITE'CLERK,SOUTH 77Mn. !N.1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2104, 2108, AND 2112 E MISHAWAKA AVENUE, AND 914 AND 918 S 21St STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property to MU Mixed Use, and seek a Special Exception for a fire station. 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 1 - 5 of B F Dunns 1 st Addition and the vacated alley north of & adjacent to Lot 4. be and the same is hereby established as MU Mixed Use District. SECTION II. That a Special Exception Use for a fire station in a MU Mixed Use District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and 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 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: 2104 E Mishawaka Ave South Bend, IN. 46601 2) The property Tax Key Number(s)is/are: EXEMPT PROPERTY OWNED BYA MUNICIPALITY 3) Legal Descriptions: Lot 3 B F Dunns 1st Add; Lot 2 B F Dunns 1st Add; Lot 1 N 93.7 Ft B F Dunns;S 38 Ft Lot 1 & N 112 Vac Alley S&Adj B F Dunns 1st;Lot 4 B F Dunns 1st Add& Vac Alley N&Adj. Ex 6'X41'Nw Cor Of Vac.alley; Lot 5 B F Dunns 1st Add; 4) Total Site Area: 0.68acres 5) Name and address of property owner(s)of the petition site: CIVIL CITY OF SOUTH BEND I South Bend Fire Department 1222 SMichigan St Filed in Clerk's Office South Bend, IN 46601 (574) 235-9255 �� 3 7018 scox @sotcthbendin.gov JAN Name and address of additional property owners,if applicable: KAREEiVIMI FOWLER CITY CLERK;S0LJTH SE'',1r, !Ili 6) Name and address of contingent purchaser(s), if applicable: Name Address City, State Zip Code Phone number with Area Code E-Mail Address Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): Fire Station IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): FILED 1) 1. Setback/Facade Along Mishawaka Avenue Frontage Requirement to None DEC 2 2017 2. Perimeter Landscape Requirements Along North and East To None 3.Front Yard Setback Along 21s`Street From 5'Minimum to 1.3' AREA PLA14 COWS�S-IIOON 2) A statement on how each of the following standards for the granting of variances is rnet: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Approving requested variances (I and 2) increases visibility for Fire Safety vehicles exiting the Apparatus Bay, thereby improving public safety. In addition, reducing Landscaping requirements along the East to none ensures that required trees do not impede the alleyway over time. Approving requested variance#3 does not impact the public HSW because the building still maintains 3'from the existing sidewalk and 16.5'from 21"St. while also allowing for appropriate stormwater routing along the East side of the 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: The new station will improve the existing site conditions and streetscapes along both Mishawaka Ave. and 21st Street, investing over$3,000,000 into the construction of the station and site. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: 1. Setbacks along Mishawaka strictly observed reduce the necessary visibility of the exiting Fire Safety vehicles. 2. Perimeter landscaping as required along Mishawaka Ave (North Frontage) also limits visibility of exiting Fire Safety vehicles. Perimeter landscaping along East side yard are limited in appropriate growth area and may impede alleyway over time. Landscaping is provided where possible and partially meets requirement. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: Special Exception:Fire Station in MU 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: The station is a public safety facility and will improve the safety of the public (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: In addition to the new facility improving the existing site conditions, the existing fire station is just 8 blocks away(facing Mishawaka Ave. on the same side of the street). (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: As previously noted, the existing station is within a close proximity to the proposed station. In addition to that, the proposed station will meet building height requirements and fit within the existing setbacks along Mishawaka Ave. (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.It meets response times and fire suppression coverage requirements outlined within the Public Facilities and Services section, specifically Objective PF 1.1.4 * 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: Jonathon Geels- Troyer Group 550 Union St. - Mishawaka, IN. 46544 FILED 574.259.9976 jsg @troyergroup.com DEC 2 2 2017 AREA PLA14 COMMISSION APPLICATION NO. ao 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. Signature s) f all ro erty owner(s), or signature of Attorney for all property owner(s): FILED DEC 2 2 2017 AREA PLAN COMMISSION 1 APPUCATiON N0.-�3 50 ��/ • 73.4 2-0.0 8.0 OL > rT, rT1 0 0 0 rn x I b rn C) 0 SIDES • Iff A A, A; a s- T Go 0H, o, :��; .2 5 nm 0 N) 3AF=Q 0 0 0 0 N O > 0 m Z m m CL — Z 0 M 0 0 g: 0 C) -F30 04 10 C= di CD cn *1 a 0 M 0 z CD z NEW SITE LAYOUT FOR: < Z 0 HIBBARD BUILDING o r PLAZA DESIGN Cjp troyer group 323 S MAIN ST. SOUTH BEND, 46601 troyergroup.com Together,We Will