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Home My WebLink About36-18 Rezone: 1939 & 1947 Charles Street LAWRENCE P. MAGLIOZZI Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 ( OLIN I-Y-CIFY BUILDING, �011IH BEND, INDIANA 46601 (i74) 2i> August 8, 2018 Honorable Common Council Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 AUG 0 8 2018 KAREEMAH FOWLER RE: 1939 & 1947 Charles Street CITY CLERK,SOUTH BEND,IN APC# 2875-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 13th, 2018 Council meeting, and set it for public hearing at your September 24th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 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. n erely, Jord Wyatt Zonin 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 CO U N T Y I N D]A N A.C 0 M/A R E A PLAN Filed in Clerk's Office AUG i0 2018 SUBSTITUE BILL NO. 36-18 KAREEMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1939 & 1947 CHARLES STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from S171 to LB for a parking lot. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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: Lots 20—23 of Pensinger's Subdivision be and the same is hereby established as LB Local Business District. SECTION 11. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. 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 BILL NO.36-18 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1939 & 1947 CHARLES STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF1 to LB for a parking lot. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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: Lots 20—23 of Pensinger's Subdivision be and the same is hereby established as LB Local Business District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. 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: 1939 and 1947 Charles St South Bend, IN 46637 2) The property Tax Key Number(s) is/are: Filed in Clerk's Office 1939 Charles St: AUG 08 2018 024-1008-0663 024-1008-0664 KAREEMAH FOWLER 1947 Charles St: CITY CLERK,SOUTH BEND, IN 024-1008-0665 3) Legal Descriptions: Lots 20-23 of Pensinger's Subdivison 4) Total Site Area: 1.3 acres 5) Name and address of property owner(s)of the petition site: FTC Properties LLC 1822 South Bend Ave South Bend, IN 46637 (574) 855-5550 bwynen@ftcprop.com Name and address of additional property owners, if applicable: n/a 6) Name and address of contingent purchaser(s), if applicable: n/a Name and address of additional property owners, if applicable: n/a 7) It is desired and requested that this property be rezoned: From: SF Single Family Two Family DistrictSF1 Single Family Two Family District To: LB Local Business District 8) This rezoning is requested to allow the following use(s): Use of the house as a rental property on Charles Street and the backyard area as a parking lot for adjoining businesses. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 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: Please explain how your variance petition addesses this criteria (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: Please explain how your variance petition addesses this criteria (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) The Special Exception Use(s)being requested: Insert text 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: Please explain how your Special Exception Use petition addesses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria (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: Please explain how your Special Exception Use petition addesses this criteria (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Use petition addesses this criteria * 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. -FILED- CONTACT PERSON: Bryan Wynen 1822 South Bend Ave AUG 012018 South Bend, IN 46637 (574) 855-5549 AREA PLAN CO S I Applicati on# hwynen@ftcprop.com 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 own or si n ture of Attorney for all property owner(s): r• t,'0,q L�. r N , A. x r `- _ i! o Yt! ; tiffs 14 4,v Ad th v m a°fit wk'k'� �*' # t� +'tv N � %li CO d lI I N C= 0 L_-___ o _ 5 L SLS 5'/; 6L5 `s L o os I ► Q 6 " ° -- Filed nPerk's Office M 00 �� I UG 08 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN LAWRENCE P. MAGLIOZZI [.NF C[]'I'IVF UIR IF CTU It Angela M. Smith Urpulr 1)ir,,,,,r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. IFFFERSON RI.) Il., It 11431 CO11NTY-cI-rY BUILDING, SOUTH SEND, INDIANA 46601 (S74)235.4571 Wednesday,September 19, 2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of FTC Properties LLC to zone from SF1 Single Family&Two Family District to LB Local Business District,property located at 1939 and 1947 Charles Street, City of South Bend—APC#2875- 18. Dear Council Members: I hereby Certify that the above referenced ordinance of FTC Properties LLC was legally advertised on September 6,2018 and that the Area Plan Commission at its public hearing on September 18,2018 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried,a proposed ordinance of FTC Properties LLC to zone from SF Single Family&Two Family District to LB Local Business District,property located at 1939 and 1947 Charles Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.Rezoning this site will allow the property owner to provide adequate parking for the businesses on-site.With proper buffering and screening,the property values of the adjacent single-family homes should not be adversly affected. 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, k Lawrence P. Magliozzi Attachment CC: FTC Properties LLC SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W S I C IN D IAN A.0 0 M 13061 a r e.- ,I.., Staff Report 9/6/2018 APC # 2875-18 Owner: FTC Properties LLC Location: 1939 and 1947 Charles Street Jurisdiction: City of South Bend Public Hearing Date: 9/18/2018 Requested Action: The petitioner is requesting a zone change from SF Single Family&Two Family District to LB Local Business District ande seeking two variances from the development standards. Land Uses and Zoning: On site: On site is a parking lot used by the businesses to the west and two single- family homes. The house to the west is used for storage and the house to the east is used as a rental property. North: To the north are vacant parcels used for drainage zoned LB Local Business District. East: To the east are offices zoned LB Local Business District. South: To the south, across Charles Street, are single-family homes zoned SF Single Family&Two Family District. West: To the west is a restaurant, Iiquior store and offices zoned GB General Business District. District Uses and Development Standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts 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 the addition of 32 parking spaces on the east side of the property, making a total of 95 parking spaces. The south 120'of the eastern parcel will remain SFI Single Family&Two Family District. Access to the property will be from the exisiting commercial properties. Zoning and Land Use History And Trends: The property to the east was rezoned to LB Local Business District in 1984. Traffic and Transportation Considerations: Charles street is two lanes. Utilities: The property is served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation. APC # 2875-18 Page 1 of 3 Staff Report 9/6/2018 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 petition is consitent with City Plan, South Bend Comprehensive Plan(2006), Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Plan identifies this area for low-density residential. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The area has been developed for commercial uses along State Road 23. Charles Street and Rosemary Street feature a mix of single-family and multifamily dwellings. 3. Most Desirable Use: The most desirable use for this property would be to provide adequate parking for the adjacent commercial uses. 4. Conservation of Property Values: With proper buffering and screening adjacent property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to provide adequate parking on-site to safely access the commercial uses along State Road 23. Combined Public Hearing The petitioner is seeking the following variance(s): 1) from the required Type B: Partial Screening landscaping of required residential bufferyards to none; 2)from the required compact row of shrubs or hedges for off-street parking area screening to a 6'fence and evergreen trees 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 these variances will not be injurious to the public health, safety, morals and general welfar of the community. (2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; APC 4 2875-18 Page 2 of 3 Staff Report 9/6/2018 The proposed variances will allow landscaping that meets the intent of or exceeds the ordinance,which will minimize the effect on surrounding properties. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the terms of this Chapter would require the property owner to remove the evergreen trees and replace it with shrubs at a maximum of Y tall, providing less screening from the commercial uses. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing, the staff recommends this petition be sent to the Common Council with a favorable recommendation.The staff recommends approval of the variances. Analysis: Rezoning this site will allow the property owner to provide adequate parking for the businesses on-site. With proper buffering and screening,the property values of the adjacent single-family homes should not be adversly affected. APC # 2875-18 Page 3 of 3 �� - z , s»r coAAN ml z x x > \ Z & � , , 2� - - | -- 7-7t--- - 6 } > $ _�P. _ � k : q % @ 2, 2 : k \ § _ } $ / _ e • . 0 \ !. CO CL / 2 � W ! , ; E A ® m S E ® / | ® ' §� _ £ a e � � � � |¥ �| b k k /2 |7 / a � 2 s bk ) B W \ k� ■ ® a e o & | :3! CL L k $ 3 w � w kkNkk k(/§� k Q W LL ± i � °RRRg 2 2 � � [ » � ��\-j 7««<« $ T a§ � Ell ,| a W 0+ K q c k T / $ ® \ |!/ k q \/ q / CO LLJƒ q� U) -2 LAWRENCE P. MAGLIOZZI q C I[S F c t I I,ICr 1)I R li c'ro It Angela M. Smith nrPnl, D""t", ?AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFF.RSO\ BLVD., ROOM 1140 CoUN"FY-CII Y BUILDING, 50UTH BEND, INDIANA 46601 (574) 2215-9571 September 19, 2018 Honorable South Bend Common Council 4`h Floor, County-City Building South Bend,IN 46601 RE: Bill #36-18 Rezoning: APC#2875-18— 1939& 1947 Charles Street Dear Council Members: The Area Plan Commission held a public hearing on September 18, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, September 24, 2018. Ordinance & Petition Amendments: The ordinance includes an amended legal description to rezone Lots 20,21,and the North 110' of Lots 22 and 23 of Pensinger Subdivision to LB Local Business District. The petition was modified to include a new site plan and add the following variances: 1) from the required Type B: Partial Screening landscaping of required residential bufferyards to none; and 2) from the required compact row of shrubs or hedges for off-street parking area screening to a 6' fence and evergreen trees. Public Hearing Summary: There was no one to speak in favor or against of the petition. If you have any further questions,please feel free to contact me at (574)235-9571. Si erely, J •dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND W W W.5 T)O S E P H C O L I N T Y INDIANA.CO MIA R E A PLAN