The URL can be used to link to this page

Home My WebLink About10114-11A Rezone Pine Street; Western Ave; Laurel Street ORDINANCE No . 10114-11 � Passed by the Common Council of the City of South Bend,Indiana September 12, 20 11 � Attest: Ciry Clerk J N V ORDE Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 13, 20 11 - City Clerk JOHN V RDE Approved and signed by me S e p t e m b e r 13, 20 11 ORDINANCE NO. � � �' �'�� AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOIJNDED BY Pine Street, Western Avenue, Laurel Street, and the first alley north of Western Avenue, Councilmanic District 2,IN THE CITY OF SOUTH BEND,INDIANA. STATEMENT OF PURPOSE AND INTENT The intent is to rezone the proposed land from Mixed Use and Planned Unit Development to a Planned Unit Development for vehicle parking for operation of a community center and assembly space for religious use and for one off-premises advertising sign stxucture with two faces. 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 knows 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 9 through 12, inclusive, of Ruckman's Subdivison of Bank Outlet 75. be and the same is hereby esta.blished as a Planned Unit Development 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. Mem er of the Common Council Attest: _ , ity Cle Presented by me to the Mayor of the City of South Bend, Indiana on the l 3� day of-�-�, 201 l, at �,l��`�-� o'clock c� .m. <, ---� City C e ��,� Approved and signed by me on the �3 � day of� -f- ,2011 2'�°,��,'clock �.m. — � — �1�� '" -_ �a � -�- �;.�� s:.v.�,� "EADING �I —C (-'L I � G` �„y : HEARIN� ��(,1--'�5 Mayor f the C ty f South Ben , In an �(�� :.��tG ��L�, h.., :�PPROV�AI ��,�r,. ��,:.� RE��4t12ED C �I'�"��L��i�q��3 s�a��,BN pAS5ED ,�� (,Z �\ � TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 42-11 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY PINE STREET, WESTERN AVENUE, LAUREL STREET, AND THE FIRST ALLEY NORTH OF WESTERN AVENUE, COUNCILMANIC DISTRICT 2, 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 th� full Council with a favorable recommendation. This bill was heard by the Zoning and Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole Kroc Center North Parking Lot Planned Unit Development Statement of Purpose and Intent The intent is to rezone the proposed land to provide additional parking for the Kroc Center. Part of the property to be rezoned was included in the "Kroc Center Planned Unit Development" which was approved in 2010. This petitioned rezoning to PUD increases the parking area and number of parking spaces to be provided. It also includes replacement of an existing off-premises advertising sign which is now on the site. �� , �.� r�� w�.�� £ . ,, �_�� ,m__�, �.�..� J��i :� � ?Q 11 � -: �.� ��b � } 1 ;_ CB�Cffi.��`�,��a�.� � �s�8��,IN •...�_.�„:�.�, G:IProjectslC3lSalvationArmy105160-021project-info102-sitelzoningrequirementslPUD PetitionlStatement ofPurpose and Intent.doc ' Application No. Date Filed: 7-6-11 Date received by the Area Plan Commission -----------------------------------------------------------------------------------------------------------------� We the undersigned rnake 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 bounded by: Pine Street, Western Avenue, Laurel Street and the first alley north of Western Avenue. 2) Name and address of property owner(s)of the petition site: The Salvation Army 303 S. Chapin Street. South Bend, IN 46601 Sherry John Janette Miller c/o Burkhart Advertising, Inc. 1335 Mishawaka Avenue South Bend, IN 46615 3) It is desired and requested that this property be rezoned: From"MLJ"Mixed Use District for.Lot 9 and west 26' of Lot 10, William Ruckman's Subdivision of Bank Outlot 75; and From"PUD"Planned Unit Development for the east 40' of Lot 10 and Lots 11 and 12, William Ruckman's Subdivision of Bank Outlot 75 to "PUD"Planned Unit Development 4) This rezoning is requested to allow the following uses: Pazking lot for a Community Center(Kroc Center) and religious assembly, and for one off-premises advertising sign structure with two sign faces. 5) The legal description of the property is attached. 6) Attached is(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 for all property owners and the tax keyed numbers for a11 properties within 300 feet of the petition property; (e)Addressed, stamped envelopes for all property owners within 300 feet of the petition property; and(�A location map. G:IProjectslC3lSalvationArmy105160-ISlrezonelPUD layoutlFinal Layoutlpetition.doc S��aa�ur�4�.��1�pr��n�� Tl��aal��ti�r� Arrz��r c��` �t. �as��Q�an�� f��,� �'" �a��-:�.ra�e�t�v��}��t�r$E��c��ive ��r��fic�r . � ' ��, an�t�e Miil�r �herr��Jc�hrz _ Pe�itic�n �r�par�d By_ `i`��:Trc�}�er Grc�up,Inc. °"--�`� - .._ 530 L��ion Street �i�� f _. =��s�� ,__��,�.,N_�..�.�K�t � IVfis�a��-ak:�, I� �654� q s s��-zs�-�s�� l�N 3 � �Q�1 � £ . �:.�n__,._,_. _.,. . �...�.�..� ,�o:.�� { $._�: . _ Ci''�C��,��;'.`,�a��,B�G . , . .".I s ,-2 `:.d# i� 3 .,_. .,'x?i','$tY,ti�%'3.:ks;�L: Ernest&Diane Perkins South Bend Heritage Foundation Inc. Northern IN Historical Society Inc. 1035 W Napier St. 803 Lincoln Way W. g08 W Washington South Bend,IN 46601 South Bend,IN 46616 South Bend,IN 46601 018-3055-214101; 018-3056- 018-3056-2174,2176,2177,2170,2172, 2160; 018-3069-2693 217201,2173 018-3055-2143,2155 Julius III&Giszel Oneal Charles C.and Louise Green Housing Authority SB 53170 County Murray Dr. 1152 Echo Drive 501 S Scott St. Granger,IN 46530 South Bend,IN 46614 South Bend,IN 46601 O l 8-3056-2171 018-3056-2179 018-3059-2308 Rolland L. Schafer Elaine Webb&Edith Louise Carter Buchanan 65045 Miami St.reet Decker 121 N Wellington St. Bremen,IN 46506 1525 Lincoln Way West South Bend,IN 46619 018-3059-2307 South Bend,IN 46628 018-3069-2692,2691 018-3056-2161; 018-3055-2145 Nathaniel&Vemita A.Wilson 1018 Land Trust. Paul C.Kusbach P.O.Box 1835 PO Box 2544 54497 Longwood Dr. South Bend,IN 46634 South Bend,IN 46680 South Bend,IN 46628 018-3069-2696 018-3069-2697 018 3069-2698 Samuel H.&Ida Mae Sconiers Annie Ray Sconiers Joan Johnson&Lillie M.Johnson 2614 Hartzer St. 1732 Fawn Ct. 856 Bo�cwood Dr.N South Bend,IN 46628 South Bend,1N 46628 South Bend,IN 46614 O l 8-3069-2699 018-3069-2700 018-3069-2701 Frank III&Abigail Jt Anderson Norman Davis Chalmer W.&Lucy Walker W/Ros c/o Genevieve Walker 329 E.Mulberry Dr. 309 S Laurel St. 25826 Running Creek Dr. Glenwood,IL 60425 South Bend,IN 46628 018-3069-2703 South Bend,IN 46601 018-3069-2702 . 018-3069-2704 South Bend Pentecostal Church Improved Benevolent Protecrive Order of God In Christ,Inc of The Elks Lodge Bobby&Marian G Newbill(1/2 EA) 1017& 1019 Westem Ave. Numbered 298,Inc. 313 S.Chapin St. South Bend,IN 46601 1001 Westem Ave. South Bend,IN 46601 South Bend,IN 46601 018-3056-2178 018-3069-2706 018-3069-2713 Juanita Richardson Zhad Chong Brook Stream Trust 1041 LaSalle Connector g 18 Napier Street 8317 Woodson Dr. South Bend,IN 46616 South Bend,IN 46601 Raytown,MD 64138 018-3055-2144 018-3056-2168,2169 018-3055-2142 Tori L.Love Iglesia Christiana Emmanuel Southhold Heritage Foundation Inc. 228 Laurel Steet, 1B 1024 Western Avenue, 1B 914 Lincolnway West South Bend,IN 46601 South Bend,IN 46601 South Bend,IN 46616 018-3055-214102 018-3059-2303 018-3056-2175 .St.Joseph County Frederico Rodriquez Jr. Eloisa Gonzalez&Daniel Bocardo County-City Building 56111 Oak Rd. 313 Pine St. South Bend,IN 46601 South Bend,IN 46619 South Bend,IN 46601 018-3069-2705; 018-3056-2158 018-3056-2167 018-3056-2165 Daniel Bocardo Meritage Mortgage Corp. GMAC MTG LLC 1235 Thomas 6000 SW Meadows Rd Suite 500 500 Enterprise Rd. South Bend,IN 46601 Lake Oswego,OR 97035 Horsham,PA 19044 Ol 8-3056-2164 018-3056-2163 018-3056-2162 Miracle Temple Church of God Karen L. Werner&Brian Dmisc Marguerite Ogren with Life Estate P.O.Box 3090 914 Napier St. &Clifford&Jacqueline Harris South Bend,IN 46619 South Bend,IN 46601 50530 Mayflower Rd. 018-3056-2156 018-3056-2159 South Bend,IN 46628 018-3056-2157 South Bend Property VI 4261 Grove St. Skokie,IL 60076 018-3056-2166 , �� _ °a.:,� M_n. � _,. ; T�� JUN � �A ..� 2011 � ��,� �� ° ° �,..� �g �jy� �, ,�, 4.�o'H`Q@,S c$.d�sK 4,,a`s,..i�,C�6dy�yytl . KROC CENTER NORTH PARKING LOT PLANNED i7NIT DEVELOPMENT JUSTIFICATION STATEMENT The petitioned rezoning is to Planned Unit Development because the majority of the site is now zoned as a Planned Unit Development and is part of the Kroc Center Planned Unit Development area approved in 2010. The parking area north of Western Avenue provides staff and visitor parking to supplement the larger parking lot on the building site south of Western Avenue. This proposed rezoning will allow an increase in the number of parking spaces available for staff and patrons of the Center. It also includes replacement of an existing, aging off-premises advertising sign now located just west of the current north parking lot PUD azea. Because the Kroc Center and the original,north parking lot axe in a PUD district, and because the existing sign is not a conforming use in the current Mixed Use district, we believe that Planned Unit Development is the appropriate zoning for the intended land uses. �� ... ��,� � � x F,�,....�.._,a.�..�....�..�..� � 4 � JUN 3 0 Z 011 � � � _. . ,.m__, � � � �B'7'�C�.�°��e :�.� � �� ' . ��.��g y� � �/� ' JOHN W. BYORNI EXECl1TIVE E>IitECTO(2 LARRY MAGLIOZZI DEPUTY L71ftECTOR AREA PLAN COMMISSION 4F ST. JOSEPH COUNTY, !N - 227 W.JEFFEitSON BWt?. fiOC7M 1 t40 GOUNTY-CITY BLDG. S011l'FI BENO,INI7tANA 46601 (574)235-9571 � AugUSt 17,2011 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend,IN 46601 RE: A proposed ordinance of The Salvation Army, Sherry John and Janette Miller to zone from MLT Mixed Use District and PUD Planned Unit Development District to PUD Planned Unit Development District,property located at on the north side of Western Avenue between Pine Street and Laurel Street,City of South Bend-APC#2603-11 Dear Council Members: I hereby Certify that the above referenced ordinance of The Salvation Army,Sherry John and Janette Miller was legally advertised on Thursday,August 4,2011 and that the Area Plan Commission at its public hearing on Tuesday,August 16,2011 took the following action: Upon a motion by John DeLee,being seconded by Gary Gilot and unanimously carried,with Gerry Phipps abstaining,the proposed ordinance of The Salvation Army, Sherry John and Janette Miller to zone from MU Mixed Use District and PUD Planned Unit Development District to PUD Planned Unit Development District,property located at on the north side of Western Avenue between Pine Street and Laurel Street,City of South Bend is sent to the Common Council with a favorable recommendation.The parking lot will support the . community center,which has the potential to increase the attraction of the area as a destination. The relocated billboard will be further away from Laurel Street,have less of an impact to the neighborhood,and allow for a better usage of the parking lot. 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, '�D�.-`' w.,��'�`� \"[��n W. B orni Y JWB:jsc Attachment CC:The Salvation Army The Troyer Group,Inc. Sherry John Janette Miller SERVkNG:ST.)4SEPH COUIVTY.SOUTH BENQ,IAKEViLLE,NEW CARLISIE,tJQRTH LIBERTY.OSCEOLA&ROSELAND � � -www.stjosephca�ntyindiana.comJAreaplan � - � Staff Reuort APC# 2603-11 Owner: The Salvation Army Location: On the north side of Western Avenue between Pine Street and Laurel Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District and PUD Planned Unit Development District to PUD Planned Unit Development District to allow an off-site parking lot for the Ray and Joan Kroc Corps Community Center and for one off-premise advertising sign structure with two sign faces. Land Uses and Zoning: On site: On site is an existing off-premise advertising sign (billboard) at the southwest corner of the lot. The remainder is vacant land in the process of being cleared. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a vacant lot zoned CB Community Business District. South: To the south is the Kroc Center zoned PUD Planned Unit Development. West: To the west across Laurel is the Ellcs Lodge zoned MLJ Mixed Use District. District uses and development standards: The Planned Unit Development(PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of Land; permit special consideration of property with outstanding natural or topographical features; facilita.te use of the most appropriate construction techniques in the development of tand; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. Site plan description: The site is just over an acre and will consist of 87 parking spaces and a relocated and updated off- premise advertising sign (billboard). The sign will not have more than 300 square feet of face area and will not be more than 30 feet in height. Perimeter yard landscaping and interior off- street parking area landscaping(landscape islands)requirements are consistent with City of South Bend Zoning Ordinance, Section 21-07.01. The paved area will be 70%. The open space/landscaping will be 30%. There are no buildings. Zoning and land use history&trends: The eastern 182 feet was zoned PUD as part of the Kroc Center project. It received Final Site Plan approval on June 30, 2011. The expansion of the legal description and the addition of the off-premise sign as a use,required a new rezoning and site plan. Traffic and transportation considerations: Western has four lanes. Laurel has two lanes. Pine Street is an improved alley. Access to the parking axea will be from both Laurel and Pine Streets. At the July 25, 2011, Common Council meeting, funds were approved to install a traffic signal at the intersection of Western and Laurel. Utilities: Sewer and water connections will not be required for this site. The Salvation Army #2603-11 Page 1 of 2 � Additional information: The off-premise advertising sign currently on one of the lots, is a non-conforming use. The new sign retains the°V"-shaped configuration, but on a modern support structure. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Citv Plan South Bend Com�rehensive Plan November 2006 LU 5: Coordinate land use and transportation planning. UD 1.5: Require aesthetically pleasing parking facilities. Land Use Plans The future land use map shows this area as mixed use. Plan Imptementation/Other Plans: ' A Vision Plan for the Commercial Corridor of The Wesiern Avenue of South Bend. Indiana.February 2003 � The Communary Feedback Report noted that organized activities/sports for young people would add quality of life to Western Avenue. This parking lot would allow more people to take advantage of the activities being offered at the Kroc Center. 2. Current conditions and character: This area has residential in the single family neighborhood to the north, plus the multi-family developments south of Western. Also in the neighborhood is a retail center,a church and the Ray and Joan Kroc Corps Community Center,currently under construction. � 3. Most desirable use: The most desirable use involves developing land which has been vacant for some time, and at the same time,supporting the new community center. 4. Conservation of property values: It is the staffs opinion that, with the prescribed landscaping,nearby property values should not be adversely affected. 5. Responsible development and growth: The development of the parking lot will support the community center. Recommendation: Based on information available prior to the public liearing,the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: � T'he parking lot will support the community center, which has the potential to increase the attraction of the area as a destination. The relocated billboard will be further away from Laurel Street,have less of an impact to the neighberhood,and allow for a better usage of the parking lot. The Salvation Army #2603-11 � Page 2 of 2 �