HomeMy WebLinkAbout14-18 Rezone- Michiana Auto Sales 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 (S74) 235-9571
March 6, 2018
Honorable Common Council Filed in Clerks Office
4th Floor, County-City Building
South Bend, IN 46601 BAR 0'7 208
b
KAREEMAi F6v'�LER
RE: 1619 South Michigan Street CITY CLERK,SOUTF4 REND, IN
APC# 2865-18 --
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 March 12, 2018 Council
meeting, and set it for public hearing at your April 23, 2018 Council meeting. The petition is tentatively
scheduled for public hearing at the April 17, 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
LAWRENCE P. MAGLIOZZI
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Angela M. Smith
Ilepulq UinI nr
AREA PLAN COMMISSIC)N OF ST. JOSEPH COUNTY, IN
227 W. IF FFE ItSON BLVD., ROOM 1140 COIINTY•C'ITY BUILDING. 5011.01 BENI), INDIANA 46601 (574)215-9S71
Wednesday, May 16, 2018
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Delta One Properties,LLC to zone from LB Local Business District to CB
Community Business District and seeking a Special Exception Use to allow automobile sales, property
located at 1619 South Michigan Street,City of South Bend—APC#2865-18.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Delta One Properties,LLC was legally advertised on May
3,2018 and that the Area Plan Commission at its public hearing on May 15, 2018 took the following action:
Upon a motion by John McNamara,being seconded by Matthew Peterson and unanimously carried,a
proposed ordinance of Delta One Properties,LLC to zone from LB Local Business District to CB
Community Business District, property located at 1619 South Michigan Street,City of South Bend, is
sent to the Common Council with a UNFAVORABLE recommendation.Rezoning this property to CB
Community Business District could lead to development that is out of character for this section of
Michigan Street and create an environment that opposes the community's vision outlined in the
Comprehensive Plan.
Upon a motion by John McNamara,being seconded by Oliver Davis and unanimously carried,a
Special Exception Use for automobile sales property located at 1619 South Michigan Street,City of
South Bend, was sent to the Common Council with an UNFAVORABLE 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,
i
Lawrence P. Magliozzi
Attachment
CC: Delta One Properties,LLC
Lang,Feeney&Associates
Michiana Auto Sales Attn: Jay Amer&Amjad Ahmed
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.$I C IN 0 I A N A C 0 M 1)0&1 a r e a-p 1,n
Staff Report 5/4/2018
APC# 2865-18
Owner: Delta One Properties,LLC
Location: 1619 South Michigan Street
Jurisdiction: City of South Bend
Public Hearing Date: 5/15/2018
Requested Action:
The petitioner is requesting a zone change from LB Local Business District to CB
Community Business District, seeking a Special Exception Use and seeking 4 variances
from the development standards.
Land Uses and Zoning:
On site: On site is a carry out resturant.
North: To the north, across an alley, is a vacant business zoned LB Local Business
District.
East: To the east, across Michigan Street, are single-family homes zoned MU
Mixed Use District.
South: To the south is a Family Dollar zoned LB Local Business District.
West: To the west, across an alley, are properties zoned LI Light Industrial
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 vehicular and
pedestrian access from nearby residential districts.
Site Plan Description:
The site plan shows that the building and parking lot will remain. The parking lot will be
used for parking for the restaurant and display spaces for the car dealership.
Zoning and Land Use History And Trends:
The properties across Michigan Street were rezoned with the adoption of the MU Mixed
Use District in 2004.
Traffic and Transportation Considerations:
The site is adajcent to an alley on the north and west. Michigan Street is two lanes,with on-
street parking and a center turn lane.
Utilities:
The site is served by municipal water and sewer.
Agency Comments:
The Department of Community Investment offers an unfavorable recommendation of the
rezoning. This section of Michigan Street should feature fairly walkable land uses
APC # 2865-18 Page 1 of 4
Staff Report 5/4/2018
compatible with an urban neighborhood. The proposed zoning is inconsistant and more
intense than all of the neighboring properties. Development standards of the proposed
zone, including sign regulations, could lead to disjointed development. Should the
Commission or Council approve the rezoning and variances, DCI recommends the
following to mitigate any negative impacts: 1) Offer a written commitment to limit the
number of vehicles to 27 as shown on the site plan; 2) In lieu of providing foundation
landscaping, add 1-2 replacement trees in the public tree lawn; 3) In lieu of providing full
parking lot screening,provide landscaped areas with 3' hedges at the northeast corner of
building and the northeast corner of the lot; 4) Install landscaped island to separate the
restaurant spaces from the display spaces along the north property line; and 5)Bring the
fence into compliance which is a maximum 4' in height and no barbed wire.
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 proposed rezoning is inconsitent with City Plan, South Bend Comprehensive Plan
(2006) Policy UD 4: Improve the character of the community's entryways and corridors
and Policy LU 2.3: Ensure coordination of land uses among ajacent area-specific plans.
Land Use Plan:
The Future Land Use Plan identifies this area for mixed use development.
Plan Implementation/Other Plans:
The Southeast Neighborhood Master Plan (2015) calls for commercial uses to be located
along major corridors. Strategy 1 states: Create pedestrian-friendly streetscapes along
community corridors.
2. Current Conditions and Character:
Michigan Street has been a major commercial corridor for the neighborhoods south of
downtown, with a mix of commercial and residential uses.
3. Most Desirable Use:
The most desirable use for this site would be low intensity commercial developments that
serve the needs of the surrounding neighborhood.
4. Conservation of Property Values:
The approval of this rezoning for a car dealership would not conserve the value of the
surrounding properties.
5. Responsible Development And Growth:
Is is not responsible development and growth to approve this rezoning. The proposed zone
has development standards and uses that are out of character for this neighborhood.
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning, a Special Exception
Use, and 4 variances from the development standards. The Commission will forward the
APC # 2865-18 Page 2 of 4
Staff Report 5/4/2018
rezoning and Special Exception Use to the Council with or without a recommendation and
either approve or deny the variances.
The petitioner is seeking a Special Use to allow:
automobile sales
A Special Exception may only be granted upon making a written determination based
upon the 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 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
or property values therein;
The use would negativley affect adjacent property values by creating an auto oriented use
in a district design for pedestrian friendly development.
(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 approval of the Special Exception Use would be out of character of adjacent area.The
zoning if surrounding properties along and across Michigan Street permit uses that are
designed to be low intensity and provide for the needs of an urban neighborhood.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The proposed rezoning is inconsitant with City Plan, South Bend Comprehensive Plan
(2006)Policy LTD 4: Improve the character of the community's entryways and corridors
and Policy ED 7.3: Support neighborhood-based economic opportunities as identified in
area-specific plans, specifically the Southeast Neighborhood Master Plan which
encourages creating pedestrian-friendly streetscapes along community corridors.
The petitioner is seeking the following variance(s):
1) from the required foundation landscaping to none
2) from the required parking lot screening to none
3) from the required interior off-street parking area landscaping to none;
4) from the maximum allowed 4' fence to 6'fence with barbed wire
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 approval of the variances will not be injurious to the public health, safety,moral and
general welfare of the community.
(2) The use and value of the area adjacent to the property included in the variance
APC 4 2865-18 Page 3 of 4
Staff Report 5/4/2018
will not be affected in a substantially adverse manner;
The value of adjacent properties would be negatively affected if approval of these
variances were granted, giving permission to develop a site with intense use and without
proper screening and buffering.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the development standards for parking lot landscaping and fencing
would not impose any practical difficulties in the use of this property. Strict application of
the foundation landscaping would impose practical difficulties on the property owner.
Staff Comments:
The staff has no additional comments at this time.
Recommendation:
Based on information available prior to the public hearing,the staff recommends the
rezoning and Special Exception Use be sent to the Common Council with an unfavorable
recommendation. Staff recommends denial of the variances.
Analysis:
Rezoning this property to CB Community Business District could lead to development that
is out of character for this section of Michigan Street and create an environment that
opposes the community's vision outlined in the Comprehensive Plan.
APC 4 2865-18 Page 4 of 4
i REZONING
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Rezoning from: CITY OF SOUTH BEND
LB: LOCAL BUSINESS DISTRICT to CB: COMMUNITY BUSINESS DISTRICT
MASTER ZONING KEY
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SOUTH BEND "MU" MIXED USE DISTRICT
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SOUTH BEND "LB" LOCAL BUSINESS DISTRICT 1 inch = 100 feet
SOUTH BEND "GB" GENERAL BUSINESS DISTRICT APC # 2865-18
SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT
LAWRENCE P. MAGLIOZZI
F Xis 1-ll 1'1\'If 131 P.I'1011
Angela M. Smith
1)r PuIr Di,,c I.r
AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN
??7 W. JEF FLRSOY BLVD., ROOM 1144) COUNTY-L'I I'Y BLII LDINU, SOL]J-H BE\D, INDIANA 46601 (S74) 134.9571
May 16, 2018
Honorable South Bend Common Council
4t" Floor, County-City Building
South Bend, IN 46601
RE: Bill #14-18
Rezoning: APC#2865-18— 1619 South Michigan Street
Dear Council Members:
The Area Plan Commission held a public hearing on May 15, 2018 for the above reference petition. This
petition is set for public hearing before the Common Council on Monday, May 29, 2018.
Ordinance & Petition Amendments:
The petition was updated to add a variance request for fence height and barbed wire.
Public Hearing Summary:
There was no one to speak in favor or against this petition.
If you have any further questions, please feel free to contact me at (574)235-9571.
Sincerely,
Jordan Wyatt
Zoning 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 N/A R E A PLAN
IF VARIANCE(S)ARE BEING REQUESTED(if not please skip to next section):
1) A variance from the required foundation landscaping to no foundation landscaping;
A variance from the required parking lot screening to no parking lot screening;
A variance from the required interior parking lot landscaped islands to no interior parking lot
landscaped islands;and
A variance to allow the existing 6' chain link fence to remain in place.
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:we will not be changing any property lines,building or the parking lot
(b) The use and value ofhe area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and:The use of the said parcel will be an automobile sales and a carry out
restaurant that will use the existing building and parking lot.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: by not letting the property owners to benefit from the most applicable use of their property.
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not please skip to next section):
1) The Special Exception Use(s)being requested:to have an automobile sales on said parcel
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: as there is no request being made of any purpose other than to use the
existing parking lot and building for a automobile sales and acarry out restaurant
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: there will be no changes made to said parcel,the parking lot will exist as it is and the building
will be a carry out restaurant and small office spaces.
(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:by allowing the existing building and parking lot to remain.
(d) The proposed use is compatible with the recommendations of the Comprehensive Plan.No property lines
will be changed and there are no property line encroachments exist or are proposed.
* 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:
Lang,Feeney&Associates, INC
715 South Michigan Street
South Bend,Indiana 46613
574-233-1841
Filed in Clerk's Office
BILL NO. 14-18 MAR 0 7 2018
ORDINANCE NO. KgREEtvjhri FOWLER
CITY CLERK,SOUTH BEND, IN
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL
EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET,
COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from LB to CB for automobile sales and carry-out
restaurant.
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:
Part of the West half of the Southwest Quarter of Section 13, Township 37 North, Range 2 East,
St. Joseph County, Indiana being more particularly described as follows: Commencing at a point
on the West line of Michigan Street, 163 feet South of the North line of said West half of the
Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the
South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence
South, along the East line of said 14 foot alley, a distance of 132 feet; Thence East, parallel with
the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165
feet; Thence North, along the West line of said Michigan Street, a distance of 132 feet to the
Point of beginning
Containing 0.50 acres more or less, subject to all legal easements.
be and the same is hereby established as CB: Community Business District.
SECTION II. That a Special Exception Use for Automobile Sales in a CB: Community Business
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
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: 1619 South Michigan Street, South Bend,Indiana 46613
2) The property Tax Key Number(s)is/are: 018-8008-039101
3) Legal Descriptions:
Part of the West half of the Southwest Quarter of Section 13,Township 37 North,Range 2 East, St.Joseph
County,Indiana being more particularly described as follows: Commencing at a point on the West line of
Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13
for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a
14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley,a distance of
132 feet; Thence East,parallel with the South line of said 20 foot alley to the West line of said Michigan
Street, a distance of 165 feet;Thence North, along the West line of said Michigan Street,a distance of 132
feet to the Point of beginning
Containing 0.50 acres more or less, subject to all legal easements.
4) Total Site Area: 0.50 acres
5) Name and address of property owner(s)of the petition site:
Filed in Clerk's Office
Delta One Properties,LLC
1619 South Michigan Street
South Bend, Indiana 46613 MAR 0 7 2018
Name and address of additional property owners,if applicable: KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
6) Name and address of contingent purchaser(s), if applicable: !�
Jay Amer&Amjad Ahmed
Michiana Auto Sales
1619 South Michigan Street
South Bend,Indiana 46613
574-326-46613
Name and address of additional property owners, if applicable: - FILED-
7) It is desired and requested that this property be rezoned: MAR 05 2018
From: LB Local Business District AREA PLAN
Application# 942S— I
To: CB Community Business District
8) This rezoning is requested to allow the following use(s): Automobile Sales And Carry-out Restaurant
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) A variance from the required foundation landscaping to no foundation landscaping
A variance from the required parking lot screening to no parking lot screening
A variance from the required interior parking lot landscaped islands to no interior parking lot landscaped
islands
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:we will not be changing any property lines,building or the parking lot
(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:The use of the said parcel will be an automobile sales and a carry out
restaurant that will use the existing building and parking lot.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: by not letting the property owners to benefit from the most applicable use of their property.
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section):
1) The Special Exception Use(s)being requested:to have an automobile sales on said parcel
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: as there is no request being made of any purpose other than to use the
existing parking lot and building for a automobile sales and a carry out restaurant
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: there will be no changes made to said parcel,the parking lot will exist as it is and the building
will be a carry out restaurant and small office spaces.
(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: by allowing the existing building and parking lot to remain.
(d) The proposed use is compatible with the recommendations of the Comprehensive Plan.No property lines
will be changed and there are no property line encroachments exist or are proposed.
* 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:
Lang, Feeney&Associates,INC Filed in Clerk's Office
715 South Michigan Street --—---
South Bend,Indiana 46613 MAR 7 2018 -FILED -
574-233-1841
KAREEMAH FOWLER MAR 0 5 2018
CITY CLERK SOl1TH BEND,IN
--�- '- -,-- ------ AREA PLAN C�KQIISSION
A lication#
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):
r
Delta One Properties,LLC
Filed in Clerk's Office
MAR 07 2018
KAREEMAH FOWLER
CITY CLERK,SOUTH SENp_ IN
-F 1IJE -
MAR 05 2018
AREA PLAN COW 6-1
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