Loading...
HomeMy WebLinkAbout09-18 Rezoning for Property at East side of Olive Street between Calvert Street and Delaware street �►■ LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Ucputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +6601 (574) 235-9571 February 7, 2018 Honorable Common Council Filed in Clerk's Office 4th Floor, County-City Building s South Bend, IN 46601 FEB 07 2018 I KAREEMAH FOWLER RE: East Side of Olive Street between Calvert Street and Delaware Street CITY(CLERK,SOUTH BEND,IN APC#2862-18 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 February 12, 2018 Council meeting, and set it for public hearing at your March 26, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the March 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, Jordan Wyatt 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 O U N T Y I N D I A N A.C O M/A R E A P L A N BILL NO. 09-18 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT THE EAST SIDE OF OLIVE STREET BETWEEN CALVERT STREET AND DELAWARE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LI to GI for vehicle removal and storage. 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 247 through 258 of Highland Park 2nd Addition and the vacated alley between Lots 252 and 253 therein. be and the same is hereby established as GI: General Industrial District. SECTION II. That a Special Exception Use for Vehicle Storage and Outdoor Storage in Excess of 50% of the Total Lot Area in a GI: General Industrial 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of ,2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana i KEADjNG pU5LIC HEARING 3 rd READING NOT APPROVED REFERRED P AsSED PETITION FOR ZONE MAP AMENDMENT Cit -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: 1906 S. Olive St. South Bend,IN 46613 2) The property Tax Key Number(s) is/are: 018-8100-3806; 018-8100-3793; 018-8100-3792; 018-8100-3814; 018- 8100-3815. 3) Legal Descriptions: Lots 251 252 253 254 255 256 257 258 and Vac Alley Btwn Lots 252&253 Highland Park 2"d Pro Sec 15 37 2e 17118 Cons w/018-8100-3794,3804,3805,3807,3808,3809,3810 Per Owners Req.;Lots 250, 249, 248, 247(2"d prop and 2"d address) 4) Total Site Area: 1.18 acre Filed in Clerk's Office 5) Name and address of property owner(s) of the petition site: Paid J. Walters FEB 07 2018 921 Dale Ave. Mishawaka, IN 46544 KAREEMAH FOWLER 574-288-2727, 574-220-3160 CITY CLERK,SOUTH REND,IN asaptowi»grecovery@yahoo.coin Name and address of additional property owners, if applicable: John C. Cocquyt,The 4000 Group, 703 W. 16`h St.,Mishawaka, IN 46544 6) Name and address of contingent purchaser(s), if applicable: FEB 02 2018 Name and address of additional property owners, if applicable: AREA PLAN C IVMISSIO Application# 7) It is desired and requested that this property be rezoned: i From: LI Light Industrial District Additional zoning district, if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Vehicle removal and storage IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) List each variance being requested Contact Commission Staff if you need assistance with wording. 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: Please explain how your variance petition addesses this criteria (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: Please explain how your variance petition addesses this criteria (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: Vehicle removal and storage. 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: These lots are secured from the public with approriate fencing and an electronic gate that can only be opened from inside the building or via remote(s). (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: An easement is already in place so that adjacent property will not be affected. (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 majority of Olive St. is zoned as GI. (d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Removal of the building listed as 2010 to be demolished at a later date as well as new fencing and clearing of the lot line due to these structures being an eyesore to the neighborhood.All lots to be combined at a later date to one address, 1906. * 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. Filed in Clerk's Office CONTACT PERSON: Paul Walters/Becki Badders 1906 S. Olive St. FEB 0 7 2018 South Bend, In 46613 L 574-288-2727 KAREEMAH Vej_ R asaptowingrecovery @yahoo.conr CITY CE,ERK,SOUTH BEND,IN 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. Sign p Wrall pro erty owner(s),or signature of Attorney for all property owner(s): c - FILED. FEB 02 2018 AREA PLAN C SI A lication# /VI A Filed in Clerk's Office KAREEMAH t-,'JwCt=g CITY CLERK SOUTH9EK)D IN 01 V\ O ` F80 --S FEB 02 2018 AREA P L-A N C 0,-v Vl J6 IQff A # cation -12 LAWRENCE P. MAGLIOZZI IL\LC Ll II�L. UI RL( I()R Angela M. Smith I),I, ,1, Ui r,c(ur PACREE-APLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 y 2018 Office R February 7, Filed in Clerk's Ofic;e Honorable Common Council 41h Floor, County-City Building FEB 07 2018 ( South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: East Side of Olive Street between Calvert Street and Delaware Street APC#2862-18 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 February 12,2018 Council meeting, and set it for public hearing at your March 26, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the March 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, Jordan Wyatt 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 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 AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT THE EAST SIDE OF OLIVE STREET BETWEEN CALVERT STREET AND DELAWARE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LI to GI for vehicle removal and storage. 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 247 through 258 of Highland Park 2nd Addition and the vacated alley between Lots 252 and 253 therein. be and the same is hereby established as GI: General Industrial District. SECTION 11. That a Special Exception Use for Vehicle Storage and Outdoor Storage in Excess of 50% of the Total Lot Area in a GI. General Industrial 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: 1906 S. Olive St. South Bend, IN 46613 2) The property Tax Key Number(s) is/are: 018-8100-3806; 018-8100-3793; 018-8100-3792; 018-8100-3814; 018- 8100-3815. 3) Legal Descriptions: Lots 251 252 253 254 255 256 257 258 and Vac Alley Btwn Lots 252 &253 Highland Park 2"d Pro Sec 15 37 2e 17118 Cons w/018-8100-3794,3804,3805,3807,3808,3809,3810 Per Owners Req.;Lots 250, 249, 248, 247(2"d prop and 2nd address) 4) Total Site Area: 1.18 acre 5) Name and address of property owner(s)of the petition site: Paul J. Walters 921 Dale Ave. Mishawaka, IN 46544 574-288-2727, 574-220-3160 asaptowingrecovery@yahoo.com Name and address of additional property owners, if applicable: John C. Cocquyt,The 4000 Group, 703 W. 16th St.,Mishawaka,IN 46544 6) Name and address of contingent purchaser(s), if applicable: -FILED- FEB 0 2 2018 Name and address of additional property owners, if applicable: AREA PLAN CO I,SIO. App tication# 7) It is desired and requested that this property be rezoned: From: LI Light Industrial District Additional zoning district, if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Vehicle removal and storage IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 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: Please explain how your variance petition addesses this criteria (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: Please explain how your variance petition addesses this criteria (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: Vehicle removal and storage. 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: These lots are secured from the public with approriate fencing and an electronic gate that can only be opened from inside the building or via remote(s). (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: An easement is already in place so that adjacent property will not be affected. (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 majority of Olive St. is zoned as GI. (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Removal of the building listed as 2010 to be demolished at a later date as well as new fencing and clearing of the lot line due to these structures being an eyesore to the neighborhood.All lots to be combined at a later date to one address, 1906 * 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: Paul Walters/Becki Badders 1906 S. Olive St. South Bend, In 46613 574-288-2727 asaptowingrecovery@yahoo.com 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. SignQe(s) al roperty o ner(s),or signature of Attorney for all property owner(s): �i -FILED- FEB 0 2 2016 AREA PLAN C I T A lication# /v l � I li ' I i 1 E ` 4 ! fps i 1i m ; C 6a r— i ^ � I t � C -FTLED- -,� i FEB 02 2018 }tp i i AREA PLAN CO 2t I SION — A lication# i vm e 1 �a LAWRENCE P. MAGLIOZZI EXEC[]M L DIRECTOR Angela M. Smith AREA PLAN C—_cDMMISSI(::)N (OF ST_ JoSEPH COUNTY, IN 227 W. I E F F E RSUN BLVD., ROOM 1140 CUUNTY.CIIY BUILDING. SOUL-H BEND. INDIANA 46601 15747235-9S71 Wednesday, March 21,2018 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, [N 46601 RE: A proposed ordinance of PKJ Leasing, LLC.,and The 4000 Group to zone from LI Light Industrial District to G[General Industrial District and seeking a Special Exception Use to allow vehicle removal and storage/ outdoor storage in excess of 50%, property located at the East Side of Olive Street between Calvert Street and Delaware Street,City of South Bend-APC#2862-18, Dear Council Members: I hereby Certify that the above referenced ordinance of PKJ Leasing,LLC.and was legally advertised on March 8,2018 and that the Area Plan Commission at its public hearing on March 20,2018 took the following action: Upon a motion by John McNamara,being seconded by Elizabeth Maradik and carried,a proposed ordinance of PKJ Leasing, LLC.,The 4000 Group to zone from LI Light Industrial District to GI General Industrial District, property located at the East Side of Olive Street between Calvert Street and Delaware Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation,subject to a written commitment to limit permitted uses to those found in the LI: Light Industrial District plus wrecker service. Rezoning the site to GI: General Industrial will follow the trend of uses to the north of the site.The approval of the variances and special exception use would allow the site to continue to function as it already has. Upon a motion by John McNamara, being seconded by John Lesczynski and unanimously carried, a Special Exception Use for vehicle removal and storage/outdoor storage in excess of 50%property located at the East Side of Olive Street between Calvert Street and Delaware Street,City of South Bend,was approved,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 repoft. Sincerely, P A-- Lawrence P. Magliozzi Attachment CC: PKJ Leasing, LLC. The 4000 Group SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S I f I N D I AN A.C O M/]0 6 r a r e Staff Report 3/12/2018 APC# 2862-18 Owner: PKJ Leasing, LLC., The 4000 Group Location: the East Side of Olive Street between Calvert Street and Delaware Street Jurisdiction: City of South Bend Public Hearing Date: 3/20/2018 Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to GI General Industrial District, a Special Exception Use, and nine variances from the development standards. Land Uses and Zoning: On site: On site are two structures that house offices, storage, and vehicle repair. The remainder of the site is used for vehicle storage. North: To the north, across Calvert, are industrial properties zoned LI: Light Industrial District. East: To the east are single-family homes zoned SF2: Single Family&Two Family District. South: To the south, across Delaware, are single-family homes zoned SF2: Single Family&Two Family District. West: To the west, across Olive, are single-family homes zoned SF I: Single Family&Two Family District. District Uses and Development Standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial/mixed use districts by less intense industrial districts. Site Plan Description: The site plan shows no change to the current structures. The building located in the northwest corner of the site is 4000 square feet. Another building located in the southwest corner is 3000 square feet and is planned to be demolished at a later date. The site is surrounded by an 8 foot tall chain-link fence with an additional foot of barbed wire. Zoning and Land Use History And Trends: Historically,the properties along Olive Street have been industrial bordering residential neighborhoods. Traffic and Transportation Considerations: Olive Street to the west of the site is two lanes with on street parking. Calvert and Delaware are two lanes. Improvements to Olive Street are planned for 2020. APC# 2862-18 Page 1 of 4 Staff Report 3/12/2018 Utilities: The site is on municipal sewer and water. Agency Comments: The Department of Public works notes that the practices of right angle parking and parking across the sidewalk zone are violations of the Code provisions. It is expected that the right angle parking in the right-of-way on the northern portion of the site to be removed. The Department of Community Investment recommends the petitioner offer a written commitment to limit permitted uses to those found in the LI: Light Industrial District plus wrecker service. Commitments: The staff is requesting a written commitment to limit permitted uses to those found in the LI: Light Industrial District plus wrecker service. 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)Policy ED 7.3: Support neighborhood-economic opportunities as identified in area- specific plans. Land Use Plan: The future Land Use Plan identifies this area for light industrial uses. Plan Implementation/Other Plans: Rum Village Neighborhood Plan (1995) indicates the location of this site to be used for low intensity industrial uses. 2. Current Conditions and Character: The Olive Street Corridor has developed as an industrial corridor,with heavier industrial to the north of the site. 3. Most Desirable Use: The most desirable use for the site would be light industrial uses. 4. Conservation of Property Values: Existing uses on the site will not change thus preserving the existing properties value of surrounding properties. 5. Responsible Development And Growth: It is responsible development and growth to allow the continued use of the site as a tow service and vehicle storage. Combined Public Hearing The petitioner is seeking a Special Use to allow: vehicle removal and storage/outdoor storage in excess of 50% A Special Use may only be granted upon making a written determination, based upon the APC # 2862-18 Page 2 of 4 Staff Report 3/12/2018 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 use,which has currently existed on the site,will have no impact on the public health, safety and, general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The current use,which will continued to be allowed by the approval of this special use, and adoption of the written commitment to limit uses to those found in the LI: Light Industrial District plus wrecker service will not have any additional adverse affect on the use and value of the 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 use will be consistent with the industrial nature of the Olive Street Corridor. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The use is consistent with City Plan, South Bend Comprehensive Plan(November 2006) Policy ED 7.3: Support neighborhood-economic opportunities as identified in area-specific plans. The petitioner is seeking the following variance(s): 1) from the required 30'minimum front yard and building setback to 0' 2)from the required 100'minimum side residential bufferyard to 0' 3) from the required screening of outdoor storage to none 4)to allow barbed wire on a fence located between the front fagade of the primary building and the front lot line 5)to allow a fence and storage area within the minimum 10' clear sight area 6) from the required landscaping of required perimeter yards and residential bufferyards to none 7)from the required foundation landscaping to none 8)from the required parking area screening to none 9) from the required 11 parking spaces to 0 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 will not be injurious to the public health, safety, morals and general welfare of the community. (2) The use and value of the area adjacent to the property included in the variance APC# 2862-18 Page 3 of 4 Staff Report 3/12/2018 will not be affected in a substantially adverse manner; Approving the variances to continue to let the site function as it currently has will not adversely affect the use or value of adjacent properties. (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 landscaping,parking, and setbacks would create an undo hardship on the property owner to dramatically alter their site after it has been used in its existing state for some time. Staff Comments: The right angle (perpendicular)parking could be replaced with parallel parking suitable for the use and area. When the Olive Street improvements are made,the petitioner is encouraged to establish the appropriate sidewalk along their portion of Calvert street in order to properly connect the neighborhood to the pedestrian path created. 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 subject to the written commitment. The staff recommends approval of the variances, subject to removing the right angle (perpendicular)parking in the public right- of-way. Analysis: Rezoning the site to GI: General Industrial will follow the trend of uses to the north of the site. The approval of the variances and special exception use would allow the site to continue to function as it already has. APC 4 2862-18 Page 4 of 4 • dMVF ,Alp 1 1' RpoJR Sri y,. JIM P,r F AAl kftW Mv�r Ar 7 71 Rgi ■ �'+ a i F• - ! �.JL 'YK.. VA .y}y J' 7 *C" 111 •�•1 I^y tl r t. ' L SF2 "'i LI SF2 SF2 r_ - LI SF2 w � I a i LI SF2 - SF2 _ P , I SF1 SF1 SF1 SF1 a SF2 SF2 ! Ni SF`L LI SF2 a■ _SF2- DEL-AWARE Naga SF2 � w SF2 > SF2 � HILLSIDE ' - SF2 SF1 SF1 SF1 SF2 - SF2 SF SF2 I SF2 SF2 SF2 SF1 1 4s =; Rezoning from: CITY OF SOUTH BEND LI: Light Industrial District to GI: General Industrial District MASTER ZONING KEY " SOUTH BEND "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT W E SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT s SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT 1 inch = 200 feet SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT APC # 2862-18 k./ IV I (110 -FILE FEB 0 2 2018 AREA PLAN GO v.;v SSIO tio�Y ± pica2K 'J�C- Im v LAWRENCE P. MAGLIOZZI F.X I,C 111"1 VF DI It I TO It Angela M. Smith D'r. hire/' AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND. INDIANA 46601 (5741 215.9571 March 21,2018 Honorable South Bend Common Council 4" Floor, County-City Building South Bend, IN 46601 RE: Bill #09-18 Rezoning: APC 42862-18—East side of Olive Street between Calvert St. and Delaware St. Dear Council Members: The Area Plan Commission held a public hearing on March 20,2018 for the above reference petition.This petition is set for public hearing before the Common Council on Monday, March 26,2018. Ordinance&Petition Amendments: The petition was updated to add the variance requests. Public Hearing Summary: There were 3 people that spoke in opposition to the petition. Their concerns included pollution, parking in the right-of-way, blocking the intersection for loading/unloading vehicles, unsightly business affecting property values,traffic, pedestrian safety, potential higher use of the site, noise, and dust. If you have any further questions, please feel free to contact me at(574)235-9571. Sincerely, axpA Angela M. Smith Deputy Director CC: Bob Palmer SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND WW W,STJOSEPHCOUNTYIND1ANA.CONIAREAPLAN Staff Report 3/12/2018 APC# 2862-18 Owner: PKJ Leasing, LLC., The 4000 Group Location: the East Side of Olive Street between Calvert Street and Delaware Street Jurisdiction: City of South Bend Public Hearing Date: 3/20/2018 Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to GI General Industrial District, a Special Exception Use, and nine variances from the development standards. Land Uses and Zoning: On site: On site are two structures that house offices, storage, and vehicle repair. The remainder of the site is used for vehicle storage. North: To the north, across Calvert,are industrial properties zoned LI: Light Industrial District. East: To the east are single-family homes zoned SF2: Single Family&Two Family District. South: To the south, across Delaware, are single-family homes zoned SF2: Single Family&Two Family District. West: To the west, across Olive, are single-family homes zoned SF I: Single Family&Two Family District. District Uses and Development Standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial/mixed use districts by less intense industrial districts. Site Plan Description: The site plan shows no change to the current structures. The building located in the northwest corner of the site is 4000 square feet. Another building located in the southwest corner is 3000 square feet and is planned to be demolished at a later date. The site is surrounded by an 8 foot tall chain-link fence with an additional foot of barbed wire. Zoning and Land Use History And Trends: Historically,the properties along Olive Street have been industrial bordering residential neighborhoods. Traffic and Transportation Considerations: Olive Street to the west of the site is two lanes with on street parking. Calvert and Delaware are two lanes. Improvements to Olive Street are planned for 2020. APC# 2862-18 Page 1 of 4 Staff Report 3/12/2018 Utilities: The site is on municipal sewer and water. Agency Comments: The Department of Public works notes that the practices of right angle parking and parking across the sidewalk zone are violations of the Code provisions. It is expected that the right angle parking in the right-of-way on the northern portion of the site to be removed. The Department of Community Investment recommends the petitioner offer a written commitment to limit permitted uses to those found in the LI: Light Industrial District plus wrecker service. Commitments: The staff is requesting a written commitment to limit permitted uses to those found in the LI: Light Industrial District plus wrecker service. 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)Policy ED 73: Support neighborhood-economic opportunities as identified in area- specific plans. Land Use Plan: The future Land Use Plan identifies this area for light industrial uses. Plan Implementation/Other Plans: Rum Village Neighborhood Plan(1995) indicates the location of this site to be used for low intensity industrial uses. 2. Current Conditions and Character: The Olive Street Corridor has developed as an industrial corridor,with heavier industrial to the north of the site. 3. Most Desirable Use: The most desirable use for the site would be light industrial uses. 4. Conservation of Property Values: Existing uses on the site will not change thus preserving the existing properties value of surrounding properties. 5. Responsible Development And Growth: It is responsible development and growth to allow the continued use of the site as a tow service and vehicle storage. Combined Public Hearing The petitioner is seeking a Special Use to allow: vehicle removal and storage/outdoor storage in excess of 50% A Special Use may only be granted upon making a written determination, based upon the APC# 2862-18 Page 2 of 4 Staff Report 3/12/2018 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 use, which has currently existed on the site, will have no impact on the public health, safety and, general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The current use, which will continued to be allowed by the approval of this special use, and adoption of the written commitment to limit uses to those found in the LI: Light Industrial District plus wrecker service will not have any additional adverse affect on the use and value of the 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 use will be consistent with the industrial nature of the Olive Street Corridor. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The use is consistent with City Plan, South Bend Comprehensive Plan (November 2006) Policy ED 7.3: Support neighborhood-economic opportunities as identified in area-specific plans. The petitioner is seeking the following variance(s): 1) from the required 30'minimum front yard and building setback to 0' 2) from the required 100'minimum side residential bufferyard to 0' 3) from the required screening of outdoor storage to none 4)to allow barbed wire on a fence located between the front facade of the primary building and the front lot line 5)to allow a fence and storage area within the minimum 10' clear sight area 6) from the required landscaping of required perimeter yards and residential bufferyards to none 7) from the required foundation landscaping to none 8) from the required parking area screening to none 9) from the required 11 parking spaces to 0 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 will not be injurious to the public health, safety, morals and general welfare of the community. (2) The use and value of the area adjacent to the property included in the variance APC# 2862-18 Page 3 of 4 Staff Report 3/12/2018 will not be affected in a substantially adverse manner; Approving the variances to continue to let the site function as it currently has will not adversely affect the use or value of adjacent properties. (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 landscaping,parking, and setbacks would create an undo hardship on the property owner to dramatically alter their site after it has been used in its existing state for some time. Staff Comments: The right angle (perpendicular)parking could be replaced with parallel parking suitable for the use and area. When the Olive Street improvements are made,the petitioner is encouraged to establish the appropriate sidewalk along their portion of Calvert street in order to properly connect the neighborhood to the pedestrian path created. 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 subject to the written commitment. The staff recommends approval of the variances, subject to removing the right angle(perpendicular)parking in the public right- of-way. Analysis: Rezoning the site to GI: General Industrial will follow the trend of uses to the north of the site. The approval of the variances and special exception use would allow the site to continue to function as it already has. �I APC# 2862-18 Page 4 of 4 E - ''.p� __ � __ �. �'_ 1'�-". �' X52, I • . l�.�t:. r � rLL t W,1 r 011 ILI ir Id � , Irl 'a F-7v;h r F _ •l ` J M' III, @��pia���'f3I d �.'Y ■�' ".'Y� Amin Mai 5 y, •P 'Ws a rj , a ' r z p10 t ■ IV r ,3 Ar Rumicy y_� ?a.llp AMON I LI SF2 tGI SF2 SF2 SF2 SF2 LIT - � — I LI SF2 i4 z; SFl — e6 � 21 r- _ - - — LI SF2 h J{7 �'` SF2 _ SF1 ay��f SF2 f SF?1 1,'SF _ SF1 SF1 _ SF2 _ e LI SF2 � �• � ��l` � � .�. �_.�, DELbAWARE — r. r' q ` y. n. ^i # v i �SF2 � � ' SF2 F e HILLSIDE` - il 'SF2 R �a SF1 SF1 SF2 SF'2 i _SF1 SF2 SF2 _. IGHL ND - p F %,L :j SFZ I SF SF2 E 2 Rezoning from: CITY OF SOUTH BEND LI: Light Industrial District to GI: General Industrial District MASTER ZONING KEY " SOUTH BEND "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT w E SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT S SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT 1 inch = 200 feet SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT APC # 2862-18 /Vi j I , � (k� 00, FEB 02 2018 V( + AREA PLAN V).6810 '�r vm 30