HomeMy WebLinkAbout18-40 Special Exception: 213 and 217 South Main Street A REA B OARD OF Z ONING A PPEALS
1140 County-City Building Filed in Clerk's Office
227 W.Jefferson Boulevard
South Bend,IN 46601
www.sjcindiana.com AUG 0 8 2019
Phone-574235-9571-Fax-574-235-9813
KAREEMAH FOWLER
Wednesday,August 08,2018 CITY CLERK,SOUTH BEND,IN
Honorable Common Council
227 W.Jefferson Boulevard—4`'Floor
South Bend, IN 46601
RE: The petition of CITY OF SOUTH BEND DEPT OF REDEVELOPMENT seeking a Special
Exception Use to allow a drive-thru restaurant in the Central Business District in the CBD Central
Business District(South Bend) for property located at 213 and 217 SOUTH MAIN ST.,City of
South
Dear Council Members:
I hereby Certify that the above referenced ordinance of CITY OF SOUTH BEND DEPT OF
REDEVELOPMENT was legally advertised on July 26,2018 and that the Area Board of Zoning
Appeals at its public hearing on August 8, 2018 took the following action:
Upon a motion by John Leszczynski, being seconded by Jack Young and unanimously carried, a
petition by CITY OF SOUTH BEND DEPT OF REDEVELOPMENT seeking a Special
Exception Use for to allow a drive-thru restaurant in the Central Business District for property
located at 213 and 217 SOUTH MAIN ST., City of South Bend,was sent to the Council with a
favorable recommendation, and will issue written Findings of Fact.
The deliberations of the Area Board of Zoning Appeals 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.
Sincere ,
�' 3.
Lawrence P.Magliozzi
Executive Director
Attachment
CC: CITY OF SOUTH BEND DEPT OF REDEVELOPMENT
Jeff Smoke
LAWRENCE P. MAGLIOZZI
E X F.C:LIT IVF III RF.C'TOR
Angela M. Smith
1),P.,y n1...I,.'
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JLFPLRSON BLVD.. ROOM I I4O COUNTS'•crn' BUILDING, SOUTH BEND, INDIANA 46601 (i741 235-9571
MEMORANDUM
DATE: July 30, 2018
TO: Area Board of Zoning Appeals
FROM: Angela M. Smith, Deputy Director
SUBJECT: August 8, 2018 Area Board of Zoning Appeals Hearing
Special Exception/Special Use
A special exception use/special use may only be granted upon making a written determination and
adopting appropriate Findings of Fact, 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;
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein;
(3) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein;
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan
7. Petition of City of South Bend,Department of Redevelopment
Based on information available prior to the public hearing, the staff recommends the Special Exception
Use be sent to the Common Council with a favorable recommendation.
(1) The proposed use will not be injurious to the public health, .safety, comfort, community moral
standards, convenience or general welfare.
The proposed drive-through will not be injurious to the public health, safety, or general welfare of
the community.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein.
The proposed use is located within the dense Central Business District, and is thus compatible with
other uses in the area. Unlike a traditional, suburban drive-thru facility, the proposed facility is part of
a 6-story building, consistent with neighboring downtown structures. Furthermore, the proposed
development is expected to increase neighboring property values because the subject property is
currently only a parking lot and vacant land.
(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 proposed drive-thru is an appropriate use within the Central Business District zone because it will
accommodate all visitors to the area, including automobile users,pedestrians,cyclists,and mass transit
users.
SERVING ST. JOSEPH COUNTY. SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T J O S E PH C O U N T Y I N D I A N A.CON/AREA PLAN
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
Objective LU 3.1 of the City of South Bend Comprehensive Plan states that the City should
"provide incentives to build on underutilized and vacant lots to increase the density of the CBD."The
proposed project will accomplish this objective,and the drive-thru function will allow for more density
with less space devoted to parking. Furthermore, the proposed project accomplishes many of the
sub-goals of the South Bend Central Development Area Development Plan. Specifically pertaining to
the drive-thru request, sub-goal #10 states that the City needs "to create an overall environmental
quality that recognizes the pervasive use and influence of the automobile on the Area but at the same
time provides pedestrians, cyclists and mass transit users with a safe, accessible, and attractive
circulation system." A drive-thru accommodates automobile users, while the site design, site location,
and bicycle facilities accommodate pedestrians,cyclists and mass transit users,Additionally,the South
Bend Economic Development Office has indicated strong support for the proposed project.
SERVING ST, JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
W W W.S T J O S E P H CO U NT Y)NO I A N A C O M/A R E A P L A N
BILL NO. 18-40
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 213 AND 217 SOUTH MAIN STREET
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty(60) days after the
Board of Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36-7-4-918.4; and
WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant
to applicable state law.
NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
213 and 217 SOUTH MAIN STREET
In order to permit insert a DRIVE THROUGH RESTAURANT/COFFEE SHOP
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Area Board of Zoning Appeals,
a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. 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 of
property values therein;
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Area Board of Zoning Appeals which are on file in the office of
the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
Tim Scott, Council President
South Bend Common Council