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HomeMy WebLinkAbout04-18 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 PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I(we) a un rsigned make application to the City of South Bend Common Council to amend the zoning ordin ce a erein requested. 1) The operty 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 Ist Add; Lot 2 B F Dunns Ist Add;Lot 1 N 93.7 Ft B F Dunns;S 38 Ft Lot I &N 112 Vac Alley S&Adj B F Dunns Ist;Lot 4 B F Dunns Ist Add& Vac Allo„ ATP d '--;41'Nw Cor Of Vac.alley;Lot 5 B F Dunns Ist Add; 4) Total Site Area: 0.68acres1 5) Name and address of property owner(s)of the petition site: CIVIL CITY OF SOUTH BEND I South Bend Fire Departm 1222 S Michigan St South Bend, IN 46601 (574)235-9255 scox @sotcthbendin.gov Name and address of additional property owners, if applicable: 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): e a ILED 1) 1. Setback/Facade Along Mishawaka Avenue Frontage Requirement to None DEC 2��7 2. Perimeter Landscape Requirements Along North and East To None 3-Front Yard Setback Along 21st Street From 5'Minimum to 1.3' AREA PLAN COMMISSION APPI ira'r3 nnr k1r, 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: Approving requested variances (1 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 LAWRENCE P. MAGLIOZZI I XF I'll 1'Il'f 13IRI("I OR Angela M. Smith <7r u,y.I� 1).". I,,, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 327 W. JFFFFRSON BLVD., It0OM 1140 1•O11NTY-(ATY R111L1)1NG, SMITH BEND, INDIANA 46601 (574)115.9571 Wednesday, February 21, 20I8. The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Civil City of South Bend to zone from SF2 Single Family &Two Family District and MU Mixed Use District to MU Mixed Use District and seeking a Special Exception Use to allow a Fire Station, property located at 2104, 2108,and 2112 E. Mishawaka Avenue and 914 and 918 S 21 st Street,City of South Bend—APC#2858-17. Dear Council Members: I hereby Certify that the above referenced ordinance of Civil City of South Bend was legally advertised on February 8, 2018 and that the Area Plan Commission at its public hearing on February 20,2018 took the following action: Upon a motion by Oliver Davis, being seconded by Jacob Holloway and unanimously carried,a proposed ordinance of Civil City of South Bend to zone from S172 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District, property located at 2104, 2108, and 2112 E. Mishawaka Avenue and 914 and 918 S 21 st Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to the following written commitment(s) 1) installing a 6'vinyl fence on the south property line. Rezoning the site to MU Mixed Use will allow a consistent zoning district for harmonious development of the site.Approval of the Special Exception Use for the fire station will allow the City to improve its public safety services to the community. Upon a motion by Elizabeth Maradik, being seconded by Robert Hawley and unanimously carried, a Special Exception Use for a Fire Station, property located at 2104,2108,and 2112 E. Mishawaka Avenue and 914 and 918 S 21 st Street,City of South Bend, was sent to the Common Council with a FAVORABLE recommendation, subject to the rezoning being approved by the Common Council 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 y, Lawrence P. Magliozzi Attachment CC: Civil City of South Bend Troyer Group SERVING ST. JOSEPH COUNTY, SOUTH BEND , LAKEVILLE , NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND W W W,S I C I NO I A N A.C 0 M 1 3 0 6 3 a. b a p I., Staff Report 2/8/2018 APC # 2858-17 Owner: Civil City of South Bend Location: 2104, 2108, and 2112 E. Mishawaka Avenue and 914 and 918 S 21 st Street Jurisdiction: City of South Bend Public Hearing Date: 2/20/2018 Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District and MU Mixed Use District to MU Mixed Use District, seeking a Special Exception Use for a Fire Station, and requesting 3 variances from the development standards. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north, across Mishawaka Avenue, is the Potawatomi Conservatories zoned SF1 Single Family&Two Family District. East: To the east is a gas station zoned CB Community Business District. South: To the south are single family homes zoned SF2 Single Family& Two Family District. West: To the west, across 21 st Street, is a library zoned OB Office Buffer 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 0.69 acre site includes a proposed fire station oriented toward Mishawaka Avenue. Parking and secondary access is provided along 21 st Avenue. The site complies with the required landscaping and buffering. Zoning and Land Use History And Trends: A portion of this property was rezoned to Commercial in 2001. The majority of the site was reclassified as Mixed Use with the adoption of the new Zoning Map in 2004. Traffic and Transportation Considerations: Mishawaka Avenue has 2 lanes with a designated bike lane. Just east of the site,the bike lane is eliminated to allow for a designated left turn lane. 21 st Street has 2 lanes with on- street parking. Utilities: The site will be served by municipal water and sewer. APC# 2858-17 Page 1 of 4 Staff Report 2/8/2018 Agency Comments: The Department of Community Investment(DCI) offers a favorable recommendation. The proposed zoning would be consistent with the mixed-use character of the area. DCI also offers a favorable recommendation to the variance requests. 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: This petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006)Policy LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Land Use Plan: The future land use plan identifies this area as mixed use. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Mishawaka Avenue has developed as a mixed use corridor with nodes of heavier commercial at major intersections. 3. Most Desirable Use: The most desirable use for this property is mixed use. 4. Conservation of Property Values: With proper landscaping and buffering, adjacent property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to allow a fire station to develop on this site in order to better serve the community. Combined Public Hearing This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and 3 variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The petitioner is seeking a Special Use to allow: a Fire Station A Special Use may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed fire station is designed to promote the public health and safety of the APC# 2858-17 Page 2 of 4 Staff Report 2/8/2018 community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; With proper landscaping and buffering, the proposed use should not adversely affect the use or value of adjacent properties. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed fire station is consistent with the mixed-use zoning district and the character of the area in which it is located. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed fire station is consistent with City Plan, South Bend Comprehensive Plan (November 2006) Policy LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The petitioner is seeking the following variance(s): 1) from the 12' maximum front yard and building setback to 50' on Mishawaka Avenue 2)from the minimum 24' width of a parking maneuvering aisle to 20; 3) from the required minimum of 70%glazing on the front fagade to 11%, and from the required 12% glazing on the secondary fagade to 10% 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 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; With proper buffering and landscaping, the use and value of the adjacent properties should not be adversely impacted. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the setbacks along Mishawaka would reduce visibility of the exiting Fire Safety vehicles. Strict application of the drive aisle width and glazing would decrease efficiency of the site, which is designed to improve energy use (for LEED) and improve security for the equipment stored within the building. Staff Comments: The staff has no additional comments. APC# 2858-17 Page 3 of 4 Staff Report 2/8/2018 Recommendation: Based on information available prior to the public hearing,the staff recommends sending the rezoning petition and Special Exception Use to the Common Council with a favorable recommendation. The staff recommends approval of the variances. Analysis: Rezoning the site to MU Mixed Use will allow a consistent zoning district for harmonious development of the site. Approval of the Special Exception Use for the fire station will allow the City to improve its public safety services to the community. APC # 2858-17 Page 4 of 4 Zf (REZONING y p a #285817 Al A i 41 r� � fir. '�, •_ ���iem�►_ P` �•+ , .�) �> i C' elf. Aim 4.., . i I - _r t ^I �► I 1 ..Y_ ! ♦ 1, :; �t4K , ` �„X, POR+TrAGEa TOWNSHIP 1 inch = 100 feet ° E XF SF2 - - F ,= SF2 SH CB I CB y �- q i a _ z'- � i MU LB CB ` a OB I MU OB SF2 J SF2 SF2 F SF2 r, • Sf ---- —i —S1 2 SF2 F. w MU �. Rezoning from: CITY OF SOUTH BEND SF2 SINGLE FAMILY & TWO FAMILY DISTRICT AND MU MIXED USE DISTRICT MASTER ZONING KEY to MU MIXED USE DISTRICT N SOUTH BEND"SF1"SINGLE FAMILY AND TWO FAMILY DISTRICT w E SOUTH BEND"SF2"SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND"OB"OFFICE BUFFER DISTRICT S 1 inch = 100 feet SOUTH BEND"MU"MIXED USE DISTRICT SOUTH BEND"LB"LOCAL BUSINESS DISTRICT APC # 2858-17 SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT �.. W n--- -_ MISHAWAKA AVE. 133.0 -- — 5'MIN.FRONTAGE SETBACK LJNE v / I 52.0' — --- —50'MAX. i 123.4• SETBACK LINE i. I i NEW FIRE STATION i 1I 51.0' I c of y u Q U J �G u o. I: IF S"JE •SBA KLJ+F / 9 VUP1L FENCE LEEDS yolE11' TjLpPE4F1'101E 133.0' i Jennifer Parcell From: Erin Blasko <erinblasko @outlook.com> Sent: Monday, February 19, 20181:25 PM To: Jennifer Parcell; Larry Magliozzi Cc: kwhite@southbendin.gov;gferlic @southbendin.gov;jvoorde @southbendin.gov Subject: Petition to rezone various parcels and seeking a special exception for Fire Station No, 9 President Brewer and members of the commission: I write to you on behalf of my mother- and father-in-law regarding the petition to rezone 2104, 2108 and 2112 E. Mishawaka Ave. and 914 and 918 S. 21st St. from Single Family and Two Family District and Mixed Use District to Mixed Use District and seeking a special exception for a fire station. Chingiz and Renada Ragimbekov, 922 s. 21st St., live directly south of the proposed fire station. With the demolition of several homes for the project, theirs is now the only property contiguous to the site, which otherwise is bounded by Mishawaka Avenue to the north, 21st Street to the west and the north-south alley between 21st Street and Ironwood Drive to the east. Given their unique relationship to the property, they previously met with Fire Chief Stephen Cox and Kyle Copelin, principal with Epoch Architecture+Planning, to request that a white, vinyl privacy fence be erected along the southern edge of the property to further shield their hoine from the station and to keep any trash or debris from blowing into their backyard. The fence also would prevent people from using their backyard as a shortcut between Mishawaka Avenue or 21 st Street and the east-west alley that runs alongside their house and provides access to their driveway. While they are pleased to see that the fence has been included in the proposed site plan for the project, they would like to request that it be added to the petition in the form of a written commitment as well. This would provide them with a degree of comfort in the form of an avenue for legal recourse should plans for the project change in any way between now and the end of construction. Subject to this commitment, they offer their full support for the project,which will greatly enhance public safety in River Park with the addition of an ambulance and river rescue unit; provide for vastly improved working and living conditions for the firefighters themselves; and improve the overall look of the area with the redevelopment of several formerly vacant properties. Thank you for your consideration of this matter. t Regards, Erin Blasko 3291 Colony Ct. Mishawaka, Ind. 574-386-1758 erinblasko @outlook.com z LAWRENCE P. MAGLIOZZ1 EXECUTIVE DIRECTOR Angela M. Smith 1)e put)• Di r u v t.,r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN ?L7 \\', ILFFLRSON BL\'1) ROO)I 1 14 0 CDUNTI'-CIT) BUIL1)1NG, SOUTH BL•N1), INDIANA 46601 (i74) 23i-)i71 February 21, 2018 Honorable South Bend Common Council 4«'Floor, County-City Building South Bend, IN 46601 RE: Bill #04-18 Rezoning: APC#2858-17 2104, 2108 and 2112 E Mishawaka Ave and 914 and 918 S 21" Street Dear Council Members: The Area Plan Commission held a public hearing on February 20, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, February 26, 2018. Ordinance & Petition Amendments: The following changes were made to the petition: 1) The petition was updated with the correct address and tax key numbers 2) The variances requested were updated to reflect the new MU Mixed Use District standards There were no changes to the Ordinance. Public Hearing Summary: There were 2 people that spoke in favor of the petition stating the Fire Chief had worked closely with the neighbors to determine a good alternative that the neighborhood is happy with. We received 1 letter in favor of the petition provided a written commitment for a 6' vinyl fence was included. If you have any further questions, please feel free to contact me at(574)235-9571. 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 I O S E P H C O U N T Y I N D[ANA C O M/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: 2104, 2105', and 211211 Afi.sharrcJka Ave anc(914 and 918.S 21".Street, South Bend, IN. 46601 2) The property Tax Key Number(s) is/arc; 018-1027-0744, 018-6027-0745, 018-6027-0746, 018-6027-074 ilil. 018-0027-0747, 018-6027-01-148 3) Legal Descriptions: Lot 3 B h'Dunns I st Adcl: Lot 2 B 1''Dunns I st Acicl:Loi I N 93.71'7 B P'Dunns: .S 38M Lot I cl N 1.2 1 ac AHev.S cl;A((j 131''Dunns 1st;l,nt 4 R 1 Dunns I st At:&ct Vi7e AHey N ci Ad_j. Ax 6X41'Nii•('or Of I alle.y: Lot 5131' Dunns 1s'tAdd; 4) Total Site Area; 0.68acres 5) Name and address of property owner(s)of the petition site: C'I1IL CITY 01;',W)II H BEND .South Rend Pire Deparimel1t 1222.S Rlichi(;an.Si South Bung IN 46601 (5 74) 235-92 5.5 scor u:southbvndirl.gov Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: 1\'alne Ach1re.ss C WY, .Slate Zip Coil, ]'hone number v0th Area Cocle 1c'-A,fail A&Ire.ss Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: 'F I L F, Front: SF2 Single Family Two Family? District MU Mixed Use District JAN 30 2018 To: MU Mixed Use District AREA PLAN COMidiISSION A lication#� '`/ 8) This rezoning is requested to allow the following use(s): ]'ire.Station IF VARIANCE(S)ARE BEING REQUESTED (if not,please skip to next section): 1) 1.;1.1ariminll.S'c'thcrck=!long A9i.shcnvuka Avenue h)•ontage Reyuiretnew Prom 12'to 50' 2. Orive Isle II''OO Regnirernent 1,r-om 24'io 2t)' 3.Alininnon I?equirement of 70% Glazing to II% Glazitll; on the,froni fiiVade. and 1200 to 10%on the secondal.l' .fir4'c1cJe. 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 coIllmunity; Appt'ol'ing regiie1'te(l i ariance I Jllcrease.l' L'1.57hlllil'f0J'1'll'e.S(1fe1}'vehicles exiting,the llly)arams thereby Appi'oilikq VC111607ce 2 !.fill not inilJaet public ILSH" because this is not a public drive. 772ere is also ample room u) maneuver ve'hicle's as the adjacent apparatits dii+e° opc'rtr sl rnificarttly fbt most of the parking area There is also no curb to impede turni;W movemenis. Approving requested variance '?3 does not iny)act the public H.W because the building still maintains the character ofthe nc'ighborhobel. (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: 1 he new station ivifl improve the existing site cowlilions and Vireels'capes along both Hislicni-aka Ave. and 2'1"Street, investing over,U.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. S'eiback.s'along Afi.s'hctwaka s'triciltr observed reduce the necessity visibility df'the exiting lire.S'afeoy vehicles. 2. The drive isle recluclic)n contributes to overall siornnrater manclg there is a significant amount of'impervion.s'stn face and this rechdction aicts' ►rith ac jaee'nt stornnrctter storage areas. 3. I he builcling is-designed it)improve energy use (fd)r and improve securill'fi)t''the equlpmenf .s•lored►riihin the appe:+rcaus boy, hence using the urge solid doors i+-hic•h is the mcilority gfthe.lbcade- IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: .'Ypecial Exception:Pire.SYation in AM 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: 111C S06017 is a pldhlic safe(►'fcrcilily and►rill improve the safety nf'thc Public (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: In mWition to the ex's, fetCihty improving the exis'tingsite conditions. the ffiSting.fire station is .lust 8 blocks ana. ' (fctcintr Mishenraka Ave. on (he same sidle uf'the sir•eel). (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 previous'lY nolecl, the eri.sfing station is within a close proximilY to the proposedl station. In addition to that, the proposed station vs--ill meet building height requirements and fit +t•iihin the esistin,.Wetbacks along Mishawaka Ave. (d) The proposed use is compatible with the recommendations of the Comprehensive Plan. 11 meets responSc times aw.l.,fire snppress'ion coverage requirements ottthnecl within the Public l�icililies ancl.S'crrlces _section, specifically Oblective 1'F 1.1.4 * hl 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: .Ionc1117012 Geels - Troyer Group ill Union.57. AP sha mrcika. IN. 4044 44 .fsg a lroivrgroup.com JAN 30 2018 AREA PLAN COM.MliSSION Application# Vi/ 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. Signatures)0 11 roperty owner or signature of Attorney for all property owner(s): I LF, 0 JAN 30 2018 AREA PLAN CO 0ji m2-4 A lication#