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Home My WebLink About9662-06 Rezoning Lake Blackthorn Drive - District 1ORDINANCE No. 9662-06 Passed by the Common Council of the Ciry of South Bend, Indiana April 10, Attest: Attest: Presented by me to the Mayor of the City ofSouth Bend, Indiana April 11, 06 20 City Clerk President of Common Council Ciry Clerk Approved and signed by me April 13 , 20 0 6 iE~~ ,~ ~~~~~ M 2~6 ORDINANCE NO. ~ b~~~O AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4528, 4536, 4546, 4606, & 4612 LAKE BLACKTHORN DRIVE, COUNCIL MANIC DISTRICT #1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This property is currently zoned SF1 Single and Two Family, and this petition is to change the zoning to LB Local Business as was the stated option when the lot was originally platted. In keeping with LB zoning, uses for this site would include: Clothing Service, Education center, Food Sales and service, Governmental Use, Miscellaneous, Residential, Retail, and the sub-categories included with those categories under LB Local Business Zoning. 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: Lot 1The Villas at Lake Blackthorn Lot 2The Villas at Lake Blackthorn Lot 3The Villas at Lake Blackthorn Lot 4The Villas at Lake Blackthorn Lot 5The Villas at Lake Blackthorn be and the same is hereby established as LB Local Business SECTION II. 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. ~~ ` Member of the Co mon Council Presented by me to the Mayor of the City of South Bend, Indiana on the ~_day of , 2~_, at ~Z, `~-DD o'clock ~ , . m. City C~rk '(~.e~ u~ Approved and signed by me on the /~'~ day of , 2 ~~ ~ , at ~ o'clock a, . m. ~~ ~~~ Mayor, ity of S end, Indiana 1 st READING l0 ~~ q S ~ ~~S-ri ~¢~ PUBLIC HEARING ~ lO -ob 0.S Sc~~s~~ 3rd READING ~- NOT APPROVED Filed nl Clerk's Offlce SEP 2 9 i.~0~ JOHN VOORDE CITY CLERK, S0. BEND, IN. ZEFERRED ~ -~ - ~~~~ ~~ t 'SASSED ~-"~Zl-CYt~ C1S S~I~S~~u~. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 63-04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4528, 4536, 4546, 4606, & 4612 LAKE BLACKTHORN DRIVE, COUNCIL MANIC DISTRICT #1 IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Karen L. White Chairman "IDate Filer} Application No.•_ Date received by the Area Plan Commission _-__ _,_ 1 the undersigned make application to the Common Council of the City of Sr~ut}t $end, Indiana to amend the ooir~g ordinance a he.rcirr requested. 1) The property sought to he rezoned is located at: 452$, 4530, 4546, 4C>n6, ~~ 4612 Lakc 131ackthorn Drive South i3end, Indiana 46G28 2) Name and address if property owner of the petition site: Steve Cooreman 24S4S Brick Rd. South Bend. IN 46628 574-277-(i.l 1.6 3) There are no contingent purchasers 4) It is Desired and requested-that this property he rezoned from SF Singe and 1'~vo l~amily to i.B Local Burin°~s - 5) This 'Zoning is requested to a1tU~~ th;• f~1lou~ing uses: Clnthing Service, Educational center, Fond Sales and service, Governrn~ntal i.Jse, Miscellaneous, Office /Professional Service, Personal Scrvicc, Public Facilities. Recreation, Residential,lZetail, and the sub- categarics included. with those rate ;Dries under LB Local Business Toning 6) /attached is a copy of (a) legal description of tic property; (b) seventeen (17) pTClitninar•y site puns; (c) a statement of purpose and intent; fd) a list. of names and address of alI pmperty owners and the tax. key numbers for all properties within 3QQ feet of the petition property; and (e) addre;ssed, Stamped envelopes for all property owners within 3U0 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names printed in 8l /2" x l l" format. Sig ture oi'propexty owner PETITION' PREPARED 131': (:UNTACT PFRSUN: san,.e Donna Chamblee 24545 Brick Road. South Bend, IN 46625 ~ - -l~onna~cooreman.corn -. . - _ 5~~~~ - - _ _ - . - ~ Filed in Cierk's Office SEP ~ 9 2004 JOHN VOORDE ' CITY CLERK, S0. BEND, IN. - Names and addresses of all property owners and tax key numbers for all properties within 300 feet of the petition property: Chuck and Kathy Staley 24567 Brick Road South Bend, IN 46628 041010-0176.16 Randy Chudzicki 24585 Brick Road South Bend, IN 46628 041010-0176.12 Cooreman Real Estate Group 24545 Brick Road South Bend, IN 46628 041010-0776.02 Lee & Marcia Adleman 6641 Dockside Drive South Bend, IN 46628 25-1010-0176.91 Jerry & Jan Matthys 6623 Dockside Drive South Bend, IN 46628 25-1010-0177.02 Russell Lucinda Kuc 6613 Dockside Drive South Bend, IN 46628 25-1010-0177.03 Donna Gardner 6605 Dockside Drive South Bend, IN 46628 25-1010-0177.04 Devon Custom Homes 4635 Dockside Drive South Bend, IN 46628 25-1010-0177.05 Kyle & Lindsey Bainter 4619 Pier Court South Bend, IN 46628 25-1010-0176.93 Mailing address: 25490 Trunk Tr. South Bend, IN 46628 Mailing address: 54766 Merrifield Mishawaka, IN 46545 Mailing address: 14254 Wynnstone Ct. Granger, IN 46530 Filed In Ole~•I~'s Office ,~ ~ ~ - g 2004 JOHN VOORDE CITY CLERK, S0. BEND, IN. S. Villas at Lake Blackthorn South Bend, IN 46628 Property owned by Steve Cooreman 24545 Brick Rd. South Bend, IN 46628 Lot # 6 : 25-1010-0176.24 4622 Lake Blackthorn Drive Lot # 7: 25-1010-0176.25 6568 Dockside Drive Lot # 77: 25-1010-0176.95 4611 Pier Court Lot # 78: 25-1010-0176.26 4603 Pier Court Lot #79: 25-1010-0176.97 4604 Pier Court Lot # 80: 25-1010-0176.98 4614 Pier Court Lot # 81: 25-1010-0176.99 4624 Pier Court Lot # 82: 25-1010-0177 4632 Pier Court Filed In Clerk's Office SEP - 8 200 JOHN VSO RgEND, iN. CITY CLERK, Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574-235-9571 www.stjosephcountyindiana.com Fax 574-235-9813 March 22, 2006 The Honorable Council of the City of South - (~'~ Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Steve Cooreman to zone from "SF1" Single- Family and Two-Family Residential to "LB" Local Business, property located at 4528, 4536, 4546, 4606, & 4612 Lake Blackthorn Drive, City of South Bend - APC# 2281-04 Dear Council Members: I hereby Certify that the above referenced ordinance of Steve Cooreman was legally advertised on Thursday, March 9, 2006 and that the Area Plan Commission at its public hearing on Tuesday, March 21, 2006 took the following action: Upon a motion by Gary Gilot, being seconded by Roland Kelly and unanimously carried, with Steve Edinger abstaining, the proposed ordinance and site development plan of Steve Cooreman to zone from "SF1" Single-Family and Two-Family Residential to "LB" Local Business, property located at 4528, 4536, 4546, 4606, & 4612 Lake Blackthorn Drive, City of South Bend is sent to the Common Council with a favorable recommendation subject to written commitments. The "LB" Local Business rezoning is compatible with the western commercial and southern industrial zoning and land uses. This site may be more difficult to develop as residentially zoned because it is adjacent to the U.S. 31 bypass and Brick Road. The following written commitments will ensure that the "LB" zone protects and serves the Villas of Lake Blackthorn and the surrounding area:.l. only uses that would serve the nearby residential areas rather than act as destination commercial for U.S. 31 vehicle commuters; 2. the northern area would be used only for offices and that the buffer yard requirements be met; 3. the City Engineer approves the access; 4. that the open space- landscaping be increased from 21% to 30% and a minimum 15 deciduous shade trees be added to the site. 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, GtJ. ~,k~. Byorn JWB:sr Attachment Steve Cooreman FE~C'-'d ~~P ~~E;l'~'~ ~~~t~~ ~!AR 2 2 2GOo JOHF! VOORDE CITY CLERK, S0. BEND, !P!. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2281-04 Owner: Steve Cooreman Location: 4528, 4536, 4546, 4606, & 4612 Lake Blackthorn Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "SF1" Single-Family and Two-Family Residential to "LB" Local Business to allow uses permitted under the "LB" Local Business Zoning District. Land Uses and Zoning: On site: On site is five undeveloped lots totaling 1.46 acres. North: To the north is asingle-family subdivision, the Villas at Lake Blackthorn, zoned "SF1" Single-Family and Two-Family Residential. East: To the east is the U.S. 31 on/off ramp. South: To the south across Brick Road are industrial uses zoned "LI" Light Industrial. West: To the west is asingle-family subdivision in the City zoned "SFl" Single-Family and Two Family, and office in the County zoned "O" Office, and a storage building zoned "C" Commercial in the County. District uses and development standards: The "LB" Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provides for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the "LB" District are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: - -~~.~ - _ ~ - - ~ -_- --- The site plan shows three buildings with a maximum of 10,235 square feet. As proposed, there is the need for extensive variances from the required buffer yards and setbacks on each side of the property. Residential buffer yards are required on the north and west and a 50 foot building setback is required on the east and south. Foundation landscaping is also required. Zoning and land use history & trends: The real estate office located on the west side of Lake Blackthorn Drive was rezoned "O" Office in the County in 1998. The storage building was rezoned "C" Commercial in the County in 2003. This petition was tabled by the petitioner in December 2004. Traffic and transportation considerations: Two driveways on Lake Blackthorn Drive are proposed as access to this site. Utilities: Municipal water and sewer are available to the site. Commitments: The staff recommends that the developer enter into written commitments that would allow only uses that tivould serve the nearby residential areas rather than act as destination commercial; that the northern area be used only for offices and that the buffer yard requirements be met; that Steve Cooreman #2281-04 Page 1 of 1 access is approved by the City Engineer; that the open space-landscaping be.increased from 21% to 30% and a minimum 15 deciduous shade trees be added to the site. 5 Criteria (per IC 36-7-4-603): Comprehensive Plan: Policy Plan: The Comprehensive Plan neighborhood policy states that commercial uses should be located in such a mannerthat conflicts with residential uses are minimized. Goal 2, Objective C, Policy v: Automobile traffic generated by commercial uses should not travel through residential areas. This site is located at the entrance of a residential subdivision. The rezoning can be compatible with the Comprehensive Plan neighborhood policies if the residential buffer yards are met, and the land uses do not become destination commercial for U.S. 31 commuters. Land Use Plan: The Land Use Plan does not designate a specific land use for this area. 2. Current conditions and character. The site is directly adjacent to the by-pass on the east. There is light industrial zoning in the City south of Brick Road. There is an office and storage building to the west across Lake Blackthorn Drive. There is a single-familysubdivision to the north. 3. Most desirable use: Due to this site's proximity to the U.S. 31 bypass and Brick Road, it may make this area more difficult to develop as single-family residences. The most desirable uses are offtce and commercial land uses with minanal impact on the adjacent residential subdivision. 4. Conservation of property values: The project _as proposed may conserve the property values of the adjacent residential subdivision. 5. Responsible development and growth: It is responsible development and growth to rezone property adjacent to a residential subdivision with compatible land uses. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The "LB" Local Business rezoning is compatible with the western commercial and southern industrial zoning and land uses. This site may be more difficult to develop as residentially zoned because it is adjacent to the US. 31 bypass and Brick Road. The following commitments will ensure that the "LB" zone protects and serves the Villas of Lake Blackthorn and the surrounding area: 1. only uses that would serve the nearby residential areas rather than act as destination commercial for U.S. 31 vehicle commuters; 2. the northern area would be used only for offces and that the buffer yard requirements be met; 3. the City Engineer approves the access; 4. that Steve Cooreman #2281-04 Page 2 of 2 the open space-landscaping be increased from 21% to 30% and a minimum 15 deciduous shade trees be added to the site. Steve Cooreman #2281-04 Page 3 of 3 1 ~ W . ~ O I ~ I / I ~y ~y LL o° ° %` . ~ ; ~ ~ ' ~ ~ ~m ; ~P I ~, i ~ SF1 i % j i j i /~ ~i ~ DOCKSJDE ~ ~ / / j ~i ~ i W I ~ % % R G J I j / I~ ! a i I~ / ~' I~, i. I I i ~~ I~, I, ;~ I ~ j ~ ~ a I ~ BRICK RAMP } BRICK F- J Q 0. ' i i ~ LI ~~ ~~ Zoning Key a COUNTY -Commercial COUNTY -Residential 'SOUTH BEND -Community Business SOUTH BEND -Light Industrial SOUTH BEND -Single Family Residential N W E S 1 inch equals 200 feet APC #2281-04 TABULATED DATA _ - ' "~ ND 7CN~G : Ly_SZ~, i i I !I G i ~~ l ' 1?0~ ~ r.~ ^~' I_ ~ - i ~~ Filed In Clerlt's Office SEP - 3 200 JOHN VOORDE CfCY CLERK, S0. BEND, IN. 1. GROSS SQUARE FOOTAGE OF SITE :.............................63,947 SF 2. PROPSED LAND USES :.................ALLUSES LISTED WITHIN THE LB LOCAL BUSINESS ZONING 3. ESTIMATED NUMBER OF PARKING SPACES: 53 .................................: (Based on most restrictive usage: Retail ! 1 space for each 200 SF building floor space) 4. GENERAL LAND COVERAGE PERCENTAGE OF BUILDINGS, PAVED AREA AND OPEN SPACE: % OF SITE a) BUILDINGS :...........................................10,325 SF ......17% b) PAVED AREA :.........................................40,345 SF......62% c) OPEN SPACE, LANDSCAPED AREAS ETC:..13.277 SF......21% 63,947 100% %~ ~•;Y 3i ~ ~~ s. y ~,,, Stl -~ \ ~.. ~ \ ~ ,,f r.: ~2~~5 ~ ~ ~ \"!5. ~~ ~ \~~v ~1 ~~Y, s- ~~ , ~ '' '~i 360 ~ •`' _. S~ ~. ~ ! `~ ~ ~ / ~ x 8, ~~ y , _ ~ ~ 5. PROPSED RESIDENTIAL USES: NO:v'E 6. BUILDP:~'G HEIGHT NOT TO EfiCED 35' o' ~~ zGS' .~ _ ~ ~s~.~ v/~D~y~ -` S ,''~_` \ ` •, v rv,L \ :Ev~~U~eCENTP~~s - .. ~l51 Q ~pu S .~ j 7 y,R3a'r ~~ ~' 1~~~5 c~`> ~ O 0 ~ UAR~bUS `f'LRNTS f SIh2u85 r r (s3i~dn n~/~) ~S~HNi) ~$8~ 35' -Srrl CLz A14 Srfid~c~ LAKE r~~~cK~D~N ~~IU~" aIVD I SLANG __r~ i iz~' `;1;.„, i •F.y. ~ ' ' . ~,.