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Home My WebLink About18-04 Special Exception for Property 2602 Mishawaka Ave Bianca Tirado From: Angela Smith <ASmith @sjcindiana.com> Sent: Tuesday, February 06, 2018 12:21 PM To: Bianca Tirado Cc: Kareemah Fowler; Bob Palmer Subject: Special Exception Use Attachments: 915 27th ordinance.docx; 2602 mishawka ordinance.docx Attached are 2 Resolutions for Special Exception Uses. Please place them on your agenda for first reading at your February 12, 2018 Common Council Meeting. They will be heard by the ABZA at the February 14th meeting (1:30 in Council Chambers), with recommendation being forwarded on April 15th.The petitions should be ready for public hearing at your February 26th Council meeting. Please let me know if you have any questions or if you need paper copies. ,409C&n. .5ota4, Deputy Director Area Plan Commision of St. Joseph County (574)235-9571 Filed in Clerk's Office FEB F-- 06 2019 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN i Filed in Clerk's Office BILL NO. I8-04 FEB 0 6 2016 RESOLUTION NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 2602 MISHAWAKA AVENUE WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4; and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 2602 MISHAWAKA AVENUE In order to permit a Coffee Shop with Drive Through/up Window in the LB Local Business District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council AREA BOARD OF ZONING APPEALS 1140 County-City Building 227 W.Jefferson Boulevard i South Bend.IN 46601 www.sjcindiana.com Phone-574-235-9571 -Fax-574-235-9813 Friday, February 16,2018 The Honorable Common Council 4th Floor County City Building South Bend, IN 46601 RE: The petition of 1 st Source Leasing Inc seeking a Special Use for a Coffee Shop with Drive Through/up Window in the LB Local Business District for property located at 2602 MISHAWAKA, City of South Bend Dear Council Members: I hereby Certify that the above referenced ordinance of 1 st Source Leasing Inc was legally advertised on February 1, 2018 and that the Area Board of Zoning Appeals at its public hearing on February 14,2018 took the following action: Upon a motion by Jack Young, being seconded by John Leszcynkski and unanimously carried,a petition by 1 st Source Leasing Inc seeking a Special Use for a Coffee Shop with Drive Through/up Window for property located at 2602 MISHAWAKA,City of South Bend, was sent to the Council with a favorable recommendation. The deliberations of the Area Board of Zoning Appeals 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, Lawrence P. Magliozzi Attachment CC: 1 st Source Leasing Inc Caskie Capital Management c/o Ryan Smith PETITION FOR VARIANCE and/or SPECIAL EXCEPTION USE PROPERTY INFORMATION: The property Tax Key Number(s)is/are: 71-09-17-126-001.000-026 71-09-17-126-002.000-026 71-09-17-126-005.000.026 The property address: Address: 2602& 2614 Mishawaka Ave South Bend, IN 46615 If the application only includes a portion of the property I isted above, provide the Legal Description for the petition area and the total site area: VARIANCE INFORMATION: 1)Special Exeption Use (existing bank drive through to be used as the Biggby Coffee Shop drive through) 1. From the required Mbninnni 30'Front Setback to Won the North and 5'on the east; 2. Front the required Minimum 15'F ront Parking Setback to 0 3. From the required Mininnln120'Side Residential Bu ffelyard to 10' 4. From the required Type B Residential 131 ffelyard Landscaping to none; 5. From the required Foundation Landscaping oil the north to none; 6 Front the required Parking Area Screening to none; 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: The vacant bank will be converted to a Biggby Coffee Shop. Biggby is a top-ranked coffee shop company knotivlt for excellent community support and involvement in each town that they open in.A coffee shop is not known to cause any public health, safety, morals or general welfare issues. (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: Replacing a vacant bank building tiviih a vibrant coffee shop creates jobs for people in the area and provides a community gathering place that brings positive energy and discourages crime. The new owner of the building plans to invest over 5200,000 into the property and that investment will have a veiy positive effect oil nearby property owners values cis it adds an attractive anteni fy to the area. The City of South Bend has offered the new owner a grant to improve file exterior of the properly cis it is located in the Mishawaka Ave improvement area and fits the South Bend Plan lvell. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The building is already in place and is established in the neighborhoocl. The drive ihrough window has been therefor decades. This is a very good fit for the Biggby Coffee Shop operator. To be required to adhere to current zoning setbacks would be impossible and cause the building to be deniolished and rebuilt. The Biggby operator•rrolld not cotiskler this building ij'iluit were the case or if' the drive Through window ivas not allowed. SPECIAL EXCEPTION USE INFORMATION(if the petition does not include a Special Exception Use,please skip to next section): 1) The Special Exception Use(s)being requested : Coffee Shop with Drive Up Window. 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: Professior)ally)•uti coffee shops dire co))siderecl to be ve)y positive neighborhood anchors, especially when occupying a Cu)Tendly vacant building. Cg ffee SIt01)S are not kno►v)t to have negative effect on public health, safety, contort or Community/)!oral slandaidS. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Biggby Coffee shops have been awarded community inywovemeni awards and conununity apprecialion awards in several of the markets they open in. Converting a vacant building into a vibrant business is known to create a ve)y positive effect to the nearby property values as it creales an allraclive amenity for the neighborhood and can raise nearby home values as a result. (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: The operator will maintain the character of the building and the neighborhood. The cgffee shop will Mend in►veil with the conanerc•ial and residential surroundings. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The South Bend Ecortontic Developnnen! 'Team has been helpfid i))providing a grant opportunity for exterior building in)proveme)tts. The staff members that we lalked io►were genuinely ertthiisiastic about a Biggby Coffee Shop considering opening there cis it fit their lVishawaka Avenue Redevelopment Plan very well. * 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. PETITIONER INFORMATION: Name and address of property owner(s)of the petition site: 1"Source Bank Atlrr:Ingfid Mcithias-Lewhol(I 100 N. Aklichigan Streel South Bernd, IN 46601 574-235-2670 Leutholchc�lsuource.com Name and address of additional property owners, if applicable: None Name and address of petitioner(s),if different than the petitioner): Ryan Smilh, Caskie Capital Adanagenment LLC for a Biggby Coffee Frmrchise Location 325 Enterprise Drive Breckenridge, All 48615 989-708-6850 rycnr agemirricapitahugt.com Name and address of additional property owners, if applicable: CONTACT PERSON: Rymr Smith, Caskie Capital Alanagenrnent LLC for a Biggby Coffee Franchise Location 325 Enterprise Drive Breckenridge, A,1I48615 989-708-6850 ryarr a geniirricapitctlutgl.core 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 BOARD OF ZONING APPEALS AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. t atu•e(s)of all property owner(s): IM Al. <I ant s� - - - -- -- - Lolari A—Is rSoancz,c►om A Vl,' IAT-*Vhnt.IAI SCR diG4s Ll BIGGBy IG cn, �=Or--FEE Dear Area Planning Commission and Zoning Board of Appeals Members, We are excited to have you review and hopefully approve the necessary items needed so we can open a Biggby Coffee Shop in the vacant bank located at 2602 E. Mishawaka. The franchisee that will own the coffee shop is an award winning Biggby franchisee. The husband and wife team plans to move to Indiana from Michigan. The Coffee Shop is expected to have 12 full time employees and 10 part time employees. The franchisee is known as an excellent trainer for baristas and employees. This Biggby will have a small community room that can be used for small gatherings such as Girl Scouts, Boy Scouts, Rotary and other community organizations. Our team plans to make a substantial investment to remodel the interior and create the coffee shop. We appreciate your support, Sincerely, Qw "& eti S5 r� -r I / r F., 1 I� Ry �• 1 f ryi O. LK goof f 9=1 j i 4 t - t I U .1 .' N Al kD t ''� Z co 1 N t r Y ..r s, N i w ko ui N > w w r u. 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