HomeMy WebLinkAbout10201-12 Zoning - Property located 6420 US 31 South Bend IN 46614 ORDINANCE No . 10201-12
Passed by the Common Council of the City of South Bend, Indiana
November 12, 20 12
Attest: ( _.."' Ci ty Clerk
JOHN VOORDE
11 I i
Attest: C� ` � $% President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 13, 20 12
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'L1 If tiG _i4 City Clerk
JOHN VOORDE
Approved and signed by me 110v Cfri 0 C.2 /3 20 I L
--mss
Mayor
ORDINANCE NO. 10 )--31'--1
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6420
US 31 S. SOUTH BEND,IN 46614, COUNCILMANIC DISTRICT COUNCIL DISTRICT#6 IN THE
CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
The zoning of property,6420 US 31 S, South Bend, IN 46614 is zoned residential. We are proposing
to have it rezoned as Local Business. The new purpose of this property will change from a residence to a
business, Chickadee's Gift Shop,which has to be relocated from 5613 US 31 S. South Bend, IN 46614
due to the new 31 Bypass Project
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:
The part of the East Half of the Northeast Quarter of Section 2,Township 36 North,Range 2 East,
Centre Township,St.Joseph County,Indiana,which is described as beginning at the southwest
corner of Lot Numbered 132 as shown on the plat of Whitcomb and Keller's Southmoor, recorded
in the Office of the Recorder of St.Joseph County,Indiana; thence East along the south line of said
plat,270.50 feet; thence South 00 degrees 52 minutes 17 seconds East, 149.54 feet; thence West
312.15 feet; thence North 14 degrees 45 minutes 10 seconds East,along the easterly right-of-way of
U.S.31, 154.63 feet to the point of beginning.
Excluding that portion of the above referenced property located outside of the
corporate limits of the City of South Bend.
be and the same is hereby established as Local Business(LB)
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.
lb
Member of the Common Council
Attest_
City Cler
VCOC)
City Clerk
Presented by me to the Mayor of the City of South Bend,Indiana on the 123 day of 1.96n
20 t L , at LO r 5 o'clock Q .m.
City l rk i f
Approved and signed by me on the 13 day of ND✓bb''t d t 2 , 20 t t. ,at
3 o'clock___f____.m.
Mayor of th- City e-iirBend,Indiana
1st READING q.--t-a`« pp PUBLIC HEARING t—(L—(2,G S 5SA3rd READING t���L� CL �S �uY�S 'V�9 l NOT APPROVF,D
RE ERREQ (�. c —t L
RTY CLERK,SOUTH SEND,IN
PASSED ' lL—t ce,s g d- '
•
PETITION FOR A COMBINED HEARING
City of South Bend,Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance,to grant a
Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s):
1) The subject property is located at:
6420 US 31 S.,SOUTH BEND,IN 46614
2) The property Tax Key Number(s)is/are: #023-1002-003201
3) Name and address of property owner(s) of the petition site:
MARSHA B.MITCHELL
19667 PASADENA AVENUE
SOUTH BEND,IN 46614
574/532-0925
CHICKADEES31 @ATT.NET
4) Name and address of contingent purchaser(s),if applicable:
Name Name
Address Address
City, State Zip Code City,State Zip Code
Phone number with Area Code Phone Number with Area Code
E-Mail Address E-Mail Address
For additional owners,reprint additional pages with signatures
5) It is desired and requested that this property be rezoned:
From: RESIDENTIAL DISTRICT
To: LOCAL BUSINESS DISTRICT
6) This rezoning is requested to allow the following use(s):GIFT SHOP
7) If applicable,a detailed description and the purpose of the variance(s)being requested:
These variances are for the purpose of making the existing property so it conforms to necessary standards for our gift
shop.
1. ) Front setback (40' to 21' )
2. ) North side setback to allow for adequate parking (20' to 15')
3. ) Evergreen trees in rear (landscaping to none)
Filed irg �"+ xis . ,�
St t o w ti 3 E
4$
p
JOHN V P )Y.::
CRY CLERK,SOUTH i), '
8) 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:
Variance for the front or west setback would not be injurious to public
health, safety, morals, and general welfare of the the community because the
building already exists in that location.
Variance for the north setback would not be injurious to the public health,
safety, morals, and general welfare of the community because it will be
sufficiently hid by landscaping and only used for backing out of the parking
spaces and only during normal business hours.
Variance for the rear or East landscaping would not be injurious to the
public health safety, morals, and general welfare of the community because
we also own the property bordering the east side of this parcel.
(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:
This would not affect the value of adjacent properties because it already
exists and nothing really changes. The house has been in this location for
over 60 years and has never been a problem.
The use and value of the adjacent property will not be affected because of
the part of the adjacent property that it borders and the minimal amount of
linear feet we are asking for. We also have spoken to the owner of the
adjacent property and he was not opposed in any way, and wasn't even
concerned if we landscaped around it.
Not having landscaping on the east border will not affect anything because
we own that property.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property:
This variance would be a much more practical approach than moving the house.
This is the most practical place to put the parking area because putting the parking anywhere
else would require removal of some very large tree and also force us to have a narrow entrance
and exit which would be a safety hazzard for our customers.
It would be impractical to plant trees in the middle of the property even though that property
will not be used for the business.
9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted.
10) If applicable,a detailed description and purpose of the Special Exception(s)being requested:
11) A statement on how each of the following standards for the granting ofa Special Exception is met:
(a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare:
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein:
(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:
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.
12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary Site Plan.
13) Applications for subdivisions should be obtained from the office of the Area Plan Commission.
14) Attached,and made a part of this PETITION,is:
(a)a copy of a legal description of the property;
(b)a list of names and addresses of all property owners,and the tax key numbers for all properties within 300 feet of
the petition property;
(c) 17 site plans;and
(d)addressed,stamped envelopes for all property owners within 300 feet of the petition property.
PETITION PREPARED BY: Signature(s)of All Property owner(s),or
signature of Attorney for all property owner(s):
Name MARSHA B.MITCHELL
Address 19667 PASADENA AVENUE t • 4 _ t1/® ..
SOUTH BEND, IN 46614 I o v.=:. f.E;tee
574/532-0925
E-Mail Address
CHICKADEES31 @ATT.NET
JOHN VOORDg
C'T GUNNY SOUTH BENDY E14 's
•
PRELIMINARY SITE PLAN REQUIREMENTS-City of South Bend,Indiana
Tabulated(listed)Data(Note:data noted are for illustrative purposes only)
1. Land Coverage:
LAND COVERAGE AREA %OF TOTAL AREA
Total: 1.75 acres 7.6,23.0 sf 100%
a. buildings(ground floor only) 20,000 sf 26%
b. parking&loading,and drives 33,361 sf 44%
c. open space(yards,landscaping,etc) 22,869 sf 30%
2. Proposed land uses&floor area(e.g.bank,retail shopping center,office,pizza parlor,apartments)
USE FLOOR AREA %OF TOTAL FLOOR AREA BUILDING HEIGHT
a. office 5,000 sf 25% 1 story;35'
b. retail 5,000 sf 25% 1.5 story;40'
c. restaurant 10,000 sf 50% 1 story;32'
Total 20,000 sf 100%
For apartments&group units: list number of units; number of bedrooms/unit;estimated population;density
3. Parking ratios per use as required by ordinance,and number of spaces to be provided.
4. Sewer and water facilities
Current: private well or public water;on-site septic or public sewer
Proposed: private well or public water;on-site septic or public sewer
5. Name of engineer,surveyor and landscape architect.
Mapped Information(drawn to scale)
1. North arrow,written and graphic scale,date.
2. Location of buildings and uses.
3. Boundaries of property with dimensions.
4. Location of buildings,uses and easements.
5. Location and composition of open spaces,landscape planting areas and buffer strips.
6. Location of parking and loading areas,entry and exit drives.
7. Abutting public and private streets.
8. Building and parking setbacks.
9. Location,height, size and type of sign(s).
10. Topography and other natural features.
11. Sanitary,storm sewer,and public water connections;or,private well and septic system locations.
12.Variance requests should clearly identify the requested variance(s)both graphically and in written form.
NOTE:additional information may be required during the review process so that the Commission can make an informed
decision.
AREA PLAN COMMISSION
PUBLIC HEARING PROCEDURES
Print out MSPublisher file, and attach pages 2/3 here
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JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 VV.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571
Wednesday,October 17, 2012
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Marsha B Mitchell to zone from SF1 Single Family and Two Family District to LB
Local Business District property located at 6420 US 31 S, City of South Bend-APC#2648-12.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Marsha B Mitchell was legally advertised on Thursday,
October 04, 2012 and that the Area Plan Commission at its public hearing on Tuesday, October 16,2012
took the following action:
Upon a motion by Daniel Brewer, being seconded by Michael Mecham and
unanimously carried, the proposed ordinance of Marsha B Mitchell to zone from
SF1 Single Family and Two Family District to LB Local Business District,property
located at 6420 US 31 S, City of South Bend, is sent to the Common Council with a
favorable recommendation. The relocation of U.S. 31 will be influencing land use
changes in the area, and this rezoning is compatible with that trend.
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,
w-64,624.4„z Flied in Clerk's Mice
ohn W.Byorn
Attachment OCT 1 7 2012
CC: Marsha B.Mitchell CITY CLERK,SO EN®,IN
SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
www.stjesephcountyindiana.com/Areaplan
Staff Report
APC # 2648 -12
Owner: Marsha B Mitchell
Location: 6420 US 31 S
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family District to
LB Local Business District to allow a gift shop; and three variances from the development
standards.
Land Uses and Zoning:
On site: On site is a vacant single family home.
North: To the north are single family homes zoned SF I Single Family and Two Family
District.
East: To the east is the remainder of this property zoned R Single Family District in the
County.
South: To the south is a single family home and the Southlawn Cemetery zoned SFI
Single Family and Two Family District.
West: To the west, across U.S. 31, is a single family home zoned R Single Family
District in the County, and a multi- tenant office building zoned LB Local
Business District in the City.
District uses and development standards:
The "LB" Local Business 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 area to be rezoned is approximately 0.5 acres. There is an existing 1,000 square foot house
and a 600 square foot garage. Buildings cover 7 % of the site. A new driveway and five parking
spaces will be installed to the north of the house, covering 13% of the site. The current driveway
will be relocated.
Zoning and land use history & trends:
This site was annexed to the City in 1998. In 2005, the property to the southwest was annexed
and rezoned LB to allow professional office or retail use.
Traffic and transportation considerations:
U.S. 31 is a four lane highway. The relocation of U.S. 31 will eventually leave this portion as a
local street.
Utilities:
Public sewer and water is available, but the site will continue to be served by a private well and
septic system, until the septic system needs replacement.
Additional information: (Agency comments)
Community and Economic Development supports the relocation of an existing business. The
County Health Department recommends approval. The City Engineer recommended the
driveway opening be widened to 24. INDOT will have to approve the new driveway opening.
Marsha B Mitchell
#2648 -12
Page 1 of 3
Staff Comments:
This is a combined public hearing, which includes a rezoning and three variances. The
Commission will forward the rezoning to the Council with or without a recommendation, and
either approve or deny the variances.
The petitioner is also the following 3 variances:
1) from the required front setback of 30' to 21';
2) from the required Side Residential Bufferyard setback of 20' to 15' on the north to allow
parking; and
3) from the required Rear Residential Bufferyard landscaping on the east to none.
State statutes and the South Bend Zoning Ordinance require that certain standards must be met
before a variance can be approved. These standards are attached and made a part of the Staff
Report.
Commitments:
No commitments are proposed.
5 Criteria (per IC 36 -7 -4 -603);
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations
identified on the Future Land Use Map.
Land Use Plan:
The Future Land Use Map identifies the general area as a range of uses from Tow density
residential to commercial and mixed uses.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current conditions and character:
U.S. 31 is a. major north/south thoroughfare. This location is near commercial zoning and uses to
the north in the City as well as a vacant area of commercial zoned land to the south across U.S.
31.
3. Most desirable use:
The most desirable use is one compatible with the existing residential and transitional land uses.
4. Conservation of property values:
The residential property to the north may be affected by the parking area being closer to the
property line.
5. Responsible development and growth:
It is responsible development and growth to support responsible growth along major corridors
that are transitioning into commercial corridors.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the petition
be sent to the Common Council with a favorable recommendation; and that the variances as
submitted be approved.
Marsha B Mitchell
#2648 -12
Page 2 of 3
Analysis:
The relocation of U.S. 31 will be influencing land use changes in the area, and this rezoning is
compatible with that trend. The variances meet the standards for approval by accommodating the
existing structures on the site and providing appropriate protection to adjacent properties.
Marsha B Mitchell
#2648 -12
Page 3 of 3
ZZ I
7
Rezoning from:
"SF1"' SINGLE FAMILY & TWO FAMILY DISTRICT
to ""LB"" LOCAL BUSINESS DISTRICT
ZONING CLASSIFICATION
COUNTY "R" SINGLE FAMILY DISTRICT
SOUTH BEND "SF1" SINGLE FAMILYANDTUVO FAMILY DISTRICT
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT
SOUTH BEND "CE)" COMMUNITY BUSINESS DISTRICT
N
/1
W4I
S
1 inch = 150 feet
APC # 2648-12
SF1
R
Rezoning from:
"SF1"' SINGLE FAMILY & TWO FAMILY DISTRICT
to ""LB"" LOCAL BUSINESS DISTRICT
ZONING CLASSIFICATION
COUNTY "R" SINGLE FAMILY DISTRICT
SOUTH BEND "SF1" SINGLE FAMILYANDTUVO FAMILY DISTRICT
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT
SOUTH BEND "CE)" COMMUNITY BUSINESS DISTRICT
N
/1
W4I
S
1 inch = 150 feet
APC # 2648-12