HomeMy WebLinkAbout05-18 3527 Lincoln Way West Zone Map Amendment LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (5741 235-9571
January 3, 2018
Filed in Clerk's Office
Honorable South Bend Common Council
4`h Floor, County-City Building JAN 0 3 2018
South Bend, IN 46601
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
RE: 3527 Lincoln Way West
APC#2859-17
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
PETITION FOR ZONE MAP AMENDMENT
City f 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:
3527 Lincoln Way West
South Bend,IN 46628
2) The property Tax Key Number(s)is/are: 018-2193-7244
3) Legal Description(s):
Beginning at a point ninety-one feet six inches(91.5')west of the northeast corner of the west
half of the northeast quarter(NE 1/4) of Section four(4)Township thirty-seven(37)north,
Range two(2)east;thence running south parallel with the east line of the west half(W 1/2)
of said Section four(4)to the northerly line of Lincoln Way West,formerly Michigan Road;
thence northwesterly along the northerly line of said road two hundred thirty-nine feet(239);
thence north to the north line of said Section;thence east along the north line of said Section,
two hundred twenty-four(224)feet to the place of beginning;excepting therefrom a parcel of
land described as a point ninety-one and five tenths(91.5)feet west of the northeast corner of
the northwest quarter (NW 1/4) of the northeast quarter (NE 1/4) of said Section four(4),
Township and Range aforesaid;thence running due south to the northerly line of Lincoln Way
West,formerly Michigan Road;thence northwesterly along the northerly line of said road,one
hundred eight and twenty-six hundredths(108.26)feet;thence in a due northerly direction to
the north line of said section;thence east along the north line of said section, 100 feet to the
place of beginning,all in St.Joseph County,Indiana.
4) Total Site Area: 0.67 acres(29,133 square feet)
5) Name and address of property owner(s) of the petition site:
Women's Care Center,Inc.
360 N.Notre Dame Avenue
South Bend, IN 46617
(574) 968-7476
annmanion 13 Pgmail.com
Name and address of additional property owners,if applicable:
Not Applicable
6) Name and address of contingent purchaser(s),if applicable:
Not Applicable
Name and address of additional property owners,if applicable:
Not Applicable
7) It is desired and requested that this property be rezoned:
Filed in Clerk's Office
From: SF 1 Single-Family and Two-Family District
To: OB Office Buffer District DEC 2 q 2017
KAREEMAH FOWLER
CITY CLERK.SOUTH BEND, IN
8) This rezoning is requested to allow the following use(s):
Counseling Offices
IF VARIANCE(S)ARE BEING REQUESTED:
Not Applicable
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED:
Not Applicable
CONTACT PERSON:
Richard A Nussbaum II
210 South Michigan Street
South Bend,IN 46601
574-234-3000
dickn @sni-law.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.
Signature(s)of all property owner(s), or signature of Attorney for all property owner(s):
BILL NO. 05-18
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 3527 LINCOLN WAY WEST, COUNCILMANIC DISTRICT NO. 1 IN
THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioner is seeking a rezoning to OB Office Buffer for an office.
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:
Beginning at a point ninety-one feet six inches (91.5')west of the northeast corner of the west
half of the northeast quarter(NE 1/4) of Section four(4) Township thirty-seven(37)north,
Range two (2) east; thence running south parallel with the east line of the west half(W 1/2) of
said Section four(4) to the northerly line of Lincoln Way West, formerly Michigan Road; thence
northwesterly along the northerly line of said road two hundred thirty-nine feet(239); thence
north to the north line of said Section; thence east along the north line of said Section,two
hundred twenty-four(224) feet to the place of beginning; excepting therefrom a parcel of land
described as a point ninety-one and five tenths (91.5) feet west of the northeast corner of the
northwest quarter(NW 1/4) of the northeast quarter(NE 1/4) of said Section four(4), Township
and Range aforesaid; thence running due south to the northerly line of Lincoln Way West,
formerly Michigan Road;thence northwesterly along the northerly line of said road, one hundred
eight and twenty-six hundredths (108.26) feet; thence in a due northerly direction to the north
line of said section; thence east along the north line of said section, 100 feet to the place of
beginning, all in St. Joseph County, Indiana.
be and the same is hereby established as OB Office-Buffer District.
SECTION H.
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.
Tim Scott, Council President
Member of the 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
►st READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRER
WSW '✓
LAWRENCE P. MAGLIOZZI
FSF(I(I r I IF 1)I Ri.TOR
Angela M. Smith
1)rFuf1 l)1-,I.-
AREA PLAN CQMMISSION OF ST. JOSEPH COUNTY, IN
327 W. )1.FFFItSON BLVD., IMMIt 1110 1-(,UITY-CITY 1111Lh1NG, 50111-1 131.1), INDIANA 46601 (S74) 233-9371
Wednesday, February 21, 2018
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Women's Care Center, Inc. to zone from SF Single Family&Two Family District
to OB Office Buffer District, property located at 3527 Lincoln Way West, City of South Bend-APC#2859-
17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Women's Care Center,Inc. 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 Women's Care Center, Inc. to zone from SFI Single Family&Two Family
District to OB Office Buffer District,property located at 3527 Lincoln Way West,City of South Bend,
is sent to the Common Council with a NO RECOMMENDATION.
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.
Sincerely,
Lawrence P. Magliozzi
Attachment
CC: Women's Care Center, Inc.
Richard A. Nussbaum II
SERVING ST. JOSEPH COUNTY . SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY . OSCEOLA & ROSELAND
W W W.S)C I N D I A N A.C 0 N I)0
Staff Report 2/8/2018
APC # 2859-17
Owner: Women's Care Center, Inc.
Location: 3527 Lincoln Way West
Jurisdiction: City of South Bend
Public Hearing Date: 2/20/2018
Requested Action:
The petitioner is requesting a zone change from SF Single Family&Two Family District
to OB Office Buffer District
Land Uses and Zoning:
On site: On site is a single family home and associated accessory structures.
North: To the north, across from Elwood, are single family homes zoned S172:
Single Family and Two Family District.
East: To the east is an office zoned OB: Office Buffer District.
South: Across Lincoln Way are three parcels zone LB: Local Business District.
West: To the west are single family homes zoned SF 1: Single Family and Two
Family District.
District Uses and Development Standards:
The OB: Office/Buffer District is to provide specific areas where only certain limited
offices may be developed. Since the district excludes retail, clinics, and business and
commercial uses, and requires extensive screening and landscaping of permitted uses and
associated parking areas, it may serve as a buffer between residential areas, and business
and commercial developments. The OB: Office/Buffer District is expressly intended to be
limited to the area in association with commercial areas and certain streets where a gradual
transition from existing residential use should occur.
Site Plan Description:
The site plan shows the remodeling and expansion of the existing home on the 0.57 acre lot,
including the addition to that back of the house and the small addition on the south east
corner of the house. Three structures will be removed. The existing structure and additions
will house a medical clinic and offices. 20 parking spaces are proposed for the business, 15
are required. The site meets the landscaping requirements.
Zoning and Land Use History And Trends:
Parcels to the south and east have been rezoned to commercial or office districts. The
parcel directly adjacent to the east was recently rezoned to OB: Office Buffer in 2002.
Traffic and Transportation Considerations:
Lincoln Way to the south has two lanes with a middle multi-directional left turn lane and
seperated bike lanes in each direction. Elwood on the north side has two lanes.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
Community Investment offers a favorable recommendation. The future land use plan in the
West Side Main Streets Plan designates this parcel as the westernmost parcel in the Bendix
Node. Thus, a use more intense than single-family residential would be appropriate, and
APC # 2859-17 Page 1 of 2
Staff Report 2/8/2018
the proposed OB zoning would provide a transition from the single-family residential
parcels to the west to the suburban commercial uses to the east.
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 West Side Main Streets Plan(2014) states that the Bendix Node, in which this parcel
is located, would be appropriate for commerical and medical office uses.
Land Use Plan:
The future land use plan identifies this area as the Bendix Node.
Plan Implementation/Other Plans:
The Petition is consistent with the Comprehensive Plan for the City of South Bend(2005),
Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations
identified on the Future Land Use Map and Objective ED 7.3: Support neighborhood-
based economic opportunities as identified in area-specific plans.
2. Current Conditions and Character:
Lincoln Way West is a mix of commerical and office businesses. To the north and south of
the parcel, abutting the parcels along Lincoln Way, are primarily single-family residential
homes.
3. Most Desirable Use:
The most desirable use is office or commerical use.
4. Conservation of Property Values:
Surrounding property values should not be affected negatively.
5. Responsible Development And Growth:
It is reasonable development and growth to encourage the development of office and commercial
uses in the proposed mixed-use node.
Staff Comments:
The staff has no additional comments at this time.
Recommendation:
Based on information available prior to the public hearing,the staff recommends that this
rezoning petition be sent to the Common Council with a favorable recommendation.
Analysis:
Rezoning this property to OB: Office Buffer will correspond well with the adjacent
commercial and office properties along Lincoln Way. This rezoning corresponds with the
City Comprehensive Plan and the West Side Main Streets Plan. Commercial and office use
is appropriate for the Bendix Node (West Side Main Streets,2014)which this parcel is
located.
'1PC # 2859-17 Page 2 of 2
LAWRENCE P. MAGLIOZZI
q,'C F.XF.0 U TI VF. 1)1RGC1 1)R
Angela M. Smith
DcP.tr Iti-1—
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 tV. JEFFERSON BL1'U.. ROOM 1140 C'OU NI )-C1 I') BUILDING, SOUTH BEND, INDIANA +6601 (474) 23i-9i71
February 21, 2018
Honorable South Bend Common Council
4`h Floor, County-City Building
South Bend, IN 46601
RE: Bill#05-18
Rezoning: APC#2859-17
3527 Lincolnway
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 site plan was updated with more detail
There were no changes to the Ordinance.
Public Hearing Summary:
There was 1 person that spoke in favor of the petition stating the current facility had outgrown the space.
There were 2 people that spoke in opposition stating that this development was dangerous to the
community and is bad development. We received 1 I letters in opposition to the petition.
If you have any further questions,please feel free to contact me at(574) 235-9571.
Sincerely,
.�%[ Lac
Angela. 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 1A N A.C O M/A R E A P L A N
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Regina and Gavin: I am attaching executed Written Commitments in support of the Women's Care
Center, Inc. petition to rezone 3527 Lincolnway West(Bill No. 05-18 ). Bob Palmer requested I provide
this document to the two of you as a result of your ad hoc role in facilitating a meeting between the
Women's Care Center and representatives of the Whole Women's Health Alliance. In submitting these
commitments to you please consider the following:
• I provided this draft to Bob Palmer upon getting authority to do so from my client, Women's Care
Center to allow him an opportunity to review before providing it to the Council. I thank Bob for
his professionalism and time in this process. I am very confident he will be able to respond to
Council members if asked any questions about this document. He also advised me you would
distribute to other Council Members, and therefore you will be the only recipients from me.
0 We thank you both for meeting with us last Wednesday and Thursday to discuss this matter. We
have worked very hard over the days following our meetings to address in good faith every one of
the concerns raised by Whole Women's Health. There were some specific requests we simply
can not do given the location of the property. However, each of the issues raised were considered
with regard to location of the entrance, signage,no protestors or protest signs on our property,
landscaping to separate our property from our neighbor to the east; no auxiliary buildings; and a
willingness to work in good faith to provide a protocol for communication to address concerns
which may arise in the future.
• We did not include in these Commitments our promise to keep the Chapin Street Clinic open 2
days a week with the concurrence of Bob Palmer since that issue is really not appropriate in a
written commitment for a specific parcel of real estate. However,we reiterate our promise to
keep open our Chapin Street location for 2 days a week in addition to the operation of our
services at the Lincolnway West location.
• By its terms the Written Commitments can be enforced by the Area Plan Commission, City of
South Bens including the City Attorney,Zoning Administrator(who I understand is now the APC
but in the past has been the Building Department)or any other appropriate enforcement
officials OR all property owners within 300 feet of 3527 LWW.
Based upon my experience as City Attorney and in other engagements involving municipal
issues,I can not recall more significant commitments being offered by a Petitioner. We are very
hopeful these commitments will help answer all questions and concerns raised at the public
hearings as well as in the meetings we participated in with the 2 of you so that the Council can
comfortably vote to approve this rezoning. If so,this Council will never regret such an action.
Richard A.Nussbaum, II
Sopko,Nussbaum, Inabnit&Kaczmarek
210 South Michigan Street --
5th Floor-Plaza Building Filed in Clerk's Office
South Bend, Indiana 46601 --
Tel: 574/234-3000
Fax: 574/234-4220 APR 18 2018
E-mail: dickn@sni-law.com v_J
KAREEMAH FGYVLER
President,Midwest League of Professional CITY CLERK,SOUTH BEND, IN
Baseball Clubs,Inc.
s
Filed in Clerk's Office
APR 18 2018
KAREEMAH FOWLER
CITY CLERK,SOUTH REND,IN
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH A REZONING REQUIRED BY THE CITY
OF SOUTH BEND ZONING ORDINANCE
In accordance with I.C.36-7-4-1015,Women's Care Center,Inc., an Indiana not for profit tax
exempt corporation("Owner")of the real estate located in St.Joseph County,Indiana which is
described below,makes the following COMMITMENTS concerning the use and development of
the following described parcel of real estate:
LEGAL DESCRIPTION: See Attached Exhibit"A" ("Real Estate")
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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STATEMENT OF COMMITMENTS:
3
1. Owner(i)will not permit any protestors,protests,protest signs,amplified sound
supporting a protest,(collectively"Protests")on the Real Estate,and(ii)will request any E
Protests in the Public Right of Way in front of or back of the Real Estate to cease and desist
such protests.
2. Owner will make reasonable efforts to locate the Entrance to the Real Estate from
Lincolnway West as far to the west as possible giving due consideration to engineering issues
resulting from the location of the current structure on the Real Estate. I
3, Owner will not construct any accessory or auxiliary buildings as defined in the
Municipal Code of the City of South Bend,IN ("Code")
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4. Owner will agree to limit its signage to the following criteria:
a. Signage permitted by the Code in an OB Zoning District,but in no event larger than the
sign found on the real estate parcel immediately to the east of the Real Estate owned by
Stirrups,LLC including a monument sign and awnings. The type of signage will be
substantially similar in content to the signs and awnings depicted in Exhibit"B"attached;
b. No window or digital signage;
C. No temporary signage except as allowed by the Code but in no event shall there be any
signs which can be construed as signs of protest.
d. Signage will be placed on the Real Estate which limits parking to employees or
business invitees of the Owner;
C. To the extent necessary signage in support of Commitment Z can be placed on the real
estate
f. No murals will be placed on the building or any fencing on the Real Estate
5. Owner will extend landscaping permitted by the Code from the fence line on the east
side of the Real Estate toward Lincolnway West to the extent such landscaping does not
negatively impact the visibility of the monument sign or the Building located on the Real
Estate from vehicular traffic on Lincolnway West.
6. Owner will work in good faith with Stirrups,LLC or any tenant of Stirrups,LLC
(collectively"Neighbor")to establish a protocol for communicating with Neighbor to
address any concerns of either the Owner or the Neighbor in the use of the Real Estate of the
parcel owned by Neighbor including but not limited the implementation of the Commitments
made herein.
These COMMITMENTS shall run with the land,binding(i)the Owner of the Real Estate:(ii)
subsequent owners of the Real Estate and (iii)other persons or entities acquiring an interest
therein. These COMMITMENTS may only be modified or terminated by a decision of the City !
of South Bend Common Council made at a public hearing after proper legal notice has been !
given.
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Filed in Clerk's Office
i
APR 18 2010
f
KAREE-MAH FOViL R
CITY CLERK,SOUTH BEND,IN
E
These COMMITMENTS (i)be effective upon the approval by th e Common Council of the City E
of South Bend of rezoning petition of the Owner described in Bill No.05-18,signed by the I
Mayor of the City of South Bend all pursuant to the Code,(collectively"Approval")and(ii)
continue in effect until the proposed use by the Owner of the Real Estate permanently terminates,
but only after the City of South Bend Common Council makes such a finding after a public
hearing as described above;or,modified or terminated by the City of South Bend Common
Council.
.
These COMMITMENTS maybe enforced jointly or severally by i
i
I
1. The Area Plan Commission of St.Joseph County;
2. The City of South Bend,Indiana; i
3. Owners of all parcels of ground adjoining the real estate within three-hundred
(300)feet of the subject parcel and all owners of real estate within the area
included in the petition who were not petitioners for approval;
4. The City of South Bend Attorney, Zoning Administrator, appropriate enforcement
official,and other specially affected persons designated in such commitments;
The undersigned hereby authorizes the City Clerk or her designee to record this Commitment in
the Office of the Recorder of St.Joseph County,Indiana,upon Approval of Bill No.05-18.
IN WITNESS VaMREOF,Owner has executed this instrument this 14o%ay of April,2018
Women's Care Center,Inc.
By (� �
Ann Manion,President
Filed in Clerks Office
i
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APR 18 2018
KAREEIVIAH FOWLER
CITY CLERK,SOUTH BEND,IN
STATE OF INDIANA }
SS:
COUNTY OF ST.JOSEPH )
Before me,a Notary Public in and for said County and State,personally appeared Ann
Manion,President of the Women's Care Center, Inc. owner of the Real Estate who
acknowledged the execution of the foregoing instrument in such capacity and who,having been
duly sworn,stated that any representations therein contained are true.
rM ]2022' 1 Seal this day of April,2018
C OSBO �SEALlic,State of Ind Signature Expires August
Printed �l t� &
County of Residence,�T J OS 6 PH W V to Wq
My Commission expires: g t a q t o-C)cZ,?,
I affirm under the penalties for perjury,that I have taken reasonable care to redact each Social
Security number in this document,unless required by law.--Richard A.Nussbaum,11
This instrument was prepared by Richard A.Nussbaum, 11,Attorney at Law, 210 South
Michigan Street 51'Floor South Bend,IN 46601
Filed in Clerk's Office
APR 18 2018
KAREEMAH FOWLER
CITY CLERK,SOUTH BENJD,!N
o
EXHIBIT"A"
Beginning at a point Ninety-one feet six inches(91.6)West of the Northeast comer of the West Half of the Northeast
Quarter(NE'/)of Section Four(4)Township Thirty-seven(37)North, Range Two(2)East;thence running South parallel
with the East line of the West Half(W 1/2) of the Northeast Quarter(NE Y4)of said Section Four(4)to the Northerly line of
Uncoinway West,formerly Michigan Road,thence Northwesterly along the Northerly line of said Road Two Hundred
Thirty-nine feet(239);thence North to the North line of said Section;thence East•along the North line of said Section,Two
Hundred Twenty-four(274)feet to the place of beginning;Excepting Therefrom a parcel of land described at a point
Ninety-one and five tenths(91.6)feet West of the Northeast corner of the Northwest Quarter(NW'/)of the Northeast
Quarter(NE%)of said Section Four(4)t Township and Range aforesaid;thence running due South io the Northerly line
of Uncolnway West,formerly Michigan Road;thence Northwesterly along the Northerly tine of said road,One Hundred
Eight and Twenty-six hundredths(108.26)feet;thence in a due Northerly direction to the North line of said Section;
thence East along the North line of said Section,100 feet to the place of beginning,al[In SL Joseph County,Indiana.
Property Address Reference:3527 Llncolnway West,South Bend,IN 46628
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Filed in Clerk's office
APR 18 2018
KAREEMAH k- R
CITY CLERK,SOUTH BEND,IN
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EXHIBIT "B"
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