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HomeMy WebLinkAbout10051-10 Rezoning- 3609 Western Ave. South Bend, INORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana November 8, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana November 9, 20 10 ~lovembe r 9 ~: Approved and signed by me ~ ~h~ 20 10 City Clerk President of Common Council ~' City Clerk TO 20 J~J~~~~ M r ORDINANCE NO. ~ ~~~ ~ ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This property is currently zoned LB Local Business. I would like to have it changed to CB Community Business. This property was an old service station and I would like to change it into a mechanic shop. 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 # 1051 & West'/ Vacated Alley Lasalle Pack be and the same is hereby established as CB Community Business District. 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 Common Council Att ity erk Presented by me to the Mayor of the City of South Bend, Indiana on the ~1.~ day of 1~~,,Q,ti,, lat„ , 2 C~ ~° , at LO =~T' o'clock ~_. m. y Clerk ~ G~ Approved and signed by me on the y ~~ day of Jv~'~-~~r 2 ©~ ~~ , at S- o'clock ~. m. ~J~~ ,fir'" `~C.~- Mayor, ity of S th Bend, Indiana t 5t READING PlJ6t.IC HEARING 1 ~-~~~~ 3 rd READING ~~ ~~~~ NOt APPROVED REFERRFJZ ~' ~ pA55~~ -~~ ~~~' 6 ~, ... .. 0 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 60-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, 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. Ann Puzzello Chairperson, Committee of the Whole Date Filed Application N Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 3609 Western Ave. South Bend, Indiana, 46619 2) Name and address of property owner(s) of the petition site: 3609 Western Ave. Land Trust LLC or John Trotter 1524 Liston Ave., .South Bend, Indiana 46628 Phone: 286-2620 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned from LB Local Business to CB Community Business 5) This rezoning is requested to allow the following use(s): Mechanic Shop 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8'h" x 11" format. PETITION PREPARED BY: Name: Charles Trotter Full Address and Phone Number 125 N. Olive St. South Bend, IN 46619 286='620 Z~-~~Z~ Contact Person: Same Fi{^~ !n C1vrk'~ Qifice SEP - 9 2010 ~o~~; vacs~~ crn c«~ , so. e~P;o, i;u. Signature 21X~~' /~ 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/areaplan Fax 574 235-9813 October 20, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of 3609 Western Avenue Land Trust LLC to zone from LB Local Business District to CB Community Business District, properly located at 3609 Western Avenue, City of South Bend - APC# 2567-10 Dear Council Members: I hereby Certify that the above referenced ordinance of 3609 Western Avenue Land Trust LLC was legally advertised on Thursday, October 7, 2010 and that the Area Plan Commission at its public hearing on Tuesday, October 19, 2010 took the following action: Upon a motion by John DeLee, being seconded by Jack Mell and unanimously carried, the proposed ordinance of 3609 Western Avenue Land Trust LLC to zone from LB Local Business District to CB Community Business District, property located at 3609 Western Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. The proposed use is an appropriate adaptive reuse of the property. This use meets the objectives of City Plan and the Western Avenue Commercial Corridor Revitalization Action Plan. By meeting the required development standards relative to parking and landscaping, adjacent properties will be buffered and the Western Avenue commercial corridor strengthened. 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, ~=~~~ ~. n W. Byorni JWB jsc Attachment 3609 Western Avenue Land Trust LLC Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Resort APC # 2567-10 Owner: 3609 Western Avenue Land Trust LLC Location: 3609 Western Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District to allow a mechanic shop. Land Uses and Zoning: On site: On site is a vacant building. North: To the north are single family homes zoned SFZ Single Family and Two Family District. East: To the east is a convenience store zoned LB Local Business District. South: To the south is a hardware store and greenhouse zoned MU Mixed Use District. To the southwest is a laundry zoned LB Local Business District. West: To the west is a towing company zoned GB General Business District. District uses and development standards: The CB -Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehiculaz and pedestrian access from nearby residential districts. Site plan description: The petitioner submitted a less than sufficient site plan and none of the requested changes have been made at the time of this publication. The 16,320 square foot site is essentially developed with an existing 1,232 square foot building with two service bays. Access is from Western Avenue on the east of the lot. Pazlcing and landscaping need to be addressed. The staff would not support variances for either. Zoning and land use history & trends: Prior to 2004, this property was zoned CCommercial - d "height and azea". Existing cement pads indicate this site was once used for gasoline sales. Traffic and transportation considerations: Western is a four lane road. Wellington is a two lane road. Additional information: (Agency comments) The Department of Community and Economic Development recognizes the history of this site as an automotive use and agrees this rezoning would be acceptable if the impacts of the zoning change on neighboring property were mitigated by meeting the CB development standazds, especially for minimum yards and landscaping. 3609 Western Avenue Land Trust LLC #2567-10 Page 1 of 2 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan. November 2006 ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Rezoning this parcel would meet these objectives. Land Use Plan: The Future Land Use Map identifies this area as commercial (office & retail). Plan Implementation/Other Plans: Western Avenue Commercial Corridor Revitalization Action Plan. June 1999 Objective: Attract developers, merchants, and small business owners interested in locating in neighborhood commercial nodes. Objective: Recruit new businesses to existing space. Rezoning this parcel would meet these objectives. 2. Current conditions and character: Western Avenue is a commercial strip known for its many car-related uses, convenience stores and restaurants. Recently sidewalks were added to aid the flow of walking traffic. 3. Most desirable use: The most desirable use is to allow the re-use of the older commercial space. 4. Conservation of property values: It is the staffs opinion that, with proper landscaping, the surrounding property values should not be adversely affected. 5. Responsible development and growth: ~' The proposed redevelopment of a vacant structure is a positive example of adaptive reuse. 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 proposed. use is an appropriate adaptive reuse of the property. This use meets the objectives of City Plan and the Western Avenue Commercial Corridor Revitalization Action Plan. By meeting the required development standards relative to pazking and landscaping, adjacent properties will be buffered and the Western Avenue commercial corridor strengthened 3609 Western Avenue Land Trust LLC #2567-10 Page 2 of 2 C O OI C 07 i t western t' .a~i~ ~ S .~ f ~ ~Vu- t .. rw ^ 3... i~t fem..#+L_ile ~,._. .. r~3 .. ~a 3`: ~.T: 07 L E c m Y R.~zonin+~ fratt>~: "LB" LQ~/~L BI~~INES~ L~IS~TRICT to "CB" COIN1NfUNITY` B~lS~INES~S DII~TF~I~T honing Key SOUTH BEND "SF2"SINGLE FAMILY AND TWO FAMILY DISTRICT ~---w--- i ..;._._;; SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT SOUTH BEND "GB"GENERAL BUSINESS DISTRIGT ~~ - ~-~ ~_^, 1 incl~r = 'I ~!~ feet ~~~~