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Home My WebLink About04-19 Rezone: 832 South Bend Avenue 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, SOU 1U BEND, INDIANA 46601 (574) 235-9571 December 31, 2018 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building DEC 31 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: 832 South Bend Avenue APC# 2888-18 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 January 14th, 2019 Council meeting, and set it for public hearing at your February 25th,2019 Council meeting. The petition is tentatively scheduled for public hearing at the February 19th, 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. Sin rely, Jor an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.S T J O S E P H C O U NTYIN D I A N A.COM/A R E A P L A N Filed in Clerk's Office BILL NO. 04-19 DE� 3 1 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK.SOUTH BEND,IN AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 832 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from GB General Business District to MU Mixed Use District and seeking a Special Exception Use to allow for a restaurant with drive through and upper floor dwelling units. 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: A part of Lot A as shown on the recorded plat of W.A. Bugbee's First Addition to the City of South Bend,which part is bounded by a line running as follows, viz: Beginning at the point of intersection of the Southerly line of South Bend Avenue in said city with the East line of the first alley West of Notre Dame Avenue in said city; thence running Northeasterly along the Southerly line of South Bend Avenue, a distance of 130.56 feet to the West line of said Notre Dame Avenue; thence southerly along said west line of Notre Dame Avenue 83.12 feet to a point due East of the place of beginning; thence West to the place of beginning, all in St. Joseph County, Indiana. be and the same is hereby established as MU Mixed Use District. SECTION II. That a Special Exception Use for Restaurant—Drive Through in a Mixed Use 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 ,2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2019, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana PE1'11'ION 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. Filed in Clerk's Office The property ennaht to he re711ne(l ie lnratPfl at 832 East South Bend Avenue, South Bend, Indiana 46617 p DEC 1 2018 2) The property Tax Key Number(s)is/are: 71-08-01-430-025.000-026 Kfii `�vi �i i GI1L11 CITY CLERK,SOUTH SENn 3) Legal Descriptions: Tri Pc N End Lot A Ex 32.56 Ft For St W A Bugbees 1st Addn Total Site Area: .08 Name and address of property owner(s)of the petition site: 832 ST RD 23 LLC PO BOX 775 NOTRE DAME, INDIANA, 46556 407-580-1880 832strd23@gmail.corn Name and address of additional property owners,if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: From: General Business To: Mixed Use DECa 2018 8) This rezoning is requested to allow the following use(s): Restaurant/Retail floor 1. -DwellingUnitsUnits floors 2.& 3. IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): From the required 5' minimum side residential buffer yard to 0' minimum side residential buffer yard as the existing building is situated. 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: The current existing building is situated on the properties southern lot line. (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: In updating this building to a new building value would be added to adjacent properties (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The requested practical use of the proposed building enhances the currently unsightly corner. W A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) The Special Exception Use(s)being requested: Allow for the repurposing of the existing drive-through 'quick oil change style' vehicle service bay to a drive-through beverage/food pick-up window. 2) A statement on how each of me following standards for me 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 the current building hosted a drive-through 'quick oil change style' vehicle service bay, converting the service bay to drive-through beverage/food pick-up window does not change its current status as it relates to health, safety,comfort,morals or welfare. It will add to the area's convenience in allowing area residents to enjoy hot coffee and tea without getting out of their vehicles in the cold winter days and their dark winter nights. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The remodeling,updating and/or replacement of the property's existing building will increase the value of adjacent properties. (c) The proposed use will be consistent with the character of the district in which it is located and the laud uses auutoi.i cu diereii,and: rue pIUpUJCU usC win UICCL die interest UI die area's district. (d) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use will meet the desires and concerns of the area's Comprehensive Plan and community groups. * In the root"of a Cnarinl �ivnnntinn T Ton t1,a natitinner shall be hall to the representations mails nn the a.: the +,L J. V: LL Special t_.,LL.L.I/L+V** t.JV L+*V 1/Y'L.L+J&+Y+ J.+K.+ be*+\.+K to L&*V +Vft*%JL.+*LKL*V+*J***LLKL. V** L+*L.- Preliminary Site Plan included with this petition. Filed in Clerk's Office CONTACT PERSON: Tocr nh T Fontana TTT DEC 31 2018 PO Box 775 _....._ _ Notre Dame, Indian46556 KFREEMAN 1-':.)VVLER Indiana, CITY CLERK,SOUTH REN' 407-580-1880 — - - 832strd23@g,mail.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 owner(s), or signature of Attorney for all property owner(s): )6417/4 e be f DEC 23 2018 RRL, r i�hl C gO u G U� U e 3 ...\,'. T — U \lp /! arc– ,;\-----iu 11 /// 11 t ,. ;� / :1 f 6 IS \ I1 /// '�� `n vom 1� 110 '0,..10J J y�sO J / sono ••t{d60 • \ / CJ // V.- 'GA '6J0(5).�'�V7 LK.5OOWS / _. -� - J )95'Z£ —i_— ... - _ ,_ �1'�.I . iS3a c� n -- ti._ N r a Oma \ , \a n a 1-s 0 7u G N m V y \ 1 t. 11\ o \ti 11 t --.17:4....\ 0 \ g 7:120 C._-, cr.‘,9 c-.5: —3,/ N 2 6". \\ �\___ / au% to q \ ".' 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