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HomeMy WebLinkAbout10202-12 Zoning - Requesting a Special Exception Property located 2222 W Washington ORDINANCE No . 1O2O212 Passed by the Common Council of the City of South Bend, Indiana November 12, 20 12 Attest: d-� 4011" f City Clerk JO VIAORDE Attest: �..� .� �� .� ��.i�� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 13, 20 12 � ...—J� �� City Clerk JOHII�VO• 'DE Approved and signed by me il/O'd FM K £(L 13 20 /L Mayer r ORDINANCE NO. L0202-tI- AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2222 West Washington, COUNCILMANIC DISTRICT Two(2) IN THE CITY OF SOUTH BEND, INDIANA Currently zoned Light Industrial and requesting rezoning to Community Business, with Special Exception. The building will be utilized for banquets, receptions, birthday, family, and community functions as well as being able to hold indoor and outdoor soccer functions. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, as 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 PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST, KNOWN AS ARNOLD'S FIRST ADDITION (LOTS 1-44 VACATED ALLEYS AND STREET)TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT"A"IN THE RECORDED PLAT OF ARNOLD'S FIRST ADDITION TO THE SOUTH BEND-BATTEST REPLAT BY DOCUMENT NUMBER 0028276 AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00'10'08" EAST ALONG THE WEST LINE OF SAID LOT "A", 420.77 FEET TO THE NORTH RIGHT-OF-WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE NORTH 64'53'30" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, 973.44 FEET; THENCE NORTH 83'11'21" EAST, 74.33 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WASHINGTON AVENUE; THENCE SOUTH 89'55'16" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE 806.41 FEET TO THE POINT OF BEGINNING. be and the same is hereby established as Community Business(CB) SECTION II. That a Special Exception for indoor/outdoor soccer facility in a Community Business(CB) zoning district is hereby granted subject to a site development plan hereby attaché and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. 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. Member of the ommon Council Attest: Al Cit � Presented by me to the Mayor of the City of South Bend, Indiana on the l 3 k day of /J u , 20 ( L , at Lt`-`t c o'clock cc .m. uja,20,, City rk Approved and signed by me on the I day of /CIOVLm L R , 20 1 L , at .3 o'clock P .m. Mayor of th 1 y of .:,-;Kend, Indiana Filed inr "Office i st READING � L-1 L PUBLIC HEARING �—� 3 rd READING t M,—�L lj. 5e :':777-77,- ^ 7 NOT APPROVED CITY CLE,.ns REFERRED PASSED \ —l L.— Filed On Clerk's Office S 282012 PETITION FOR A COMBINED HEARING City of South Bend,Indianat` CITY Ct- k SCt.i , Ct,IN I(we)the undersigned make application to the St.Joseph County Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 2222 W. Washington St., St Joseph County, S.Bend,Indiana 46619 2) The property Tax Key Number(s)is/are: 018-4097-361201 and 018-4097-3654 3) Name and address of property owner(s)of the petition site: Juan Ramierez David Navarro 3801 W. Sherman Avenue C/O Attorney Vincent Guiliano Lincoln Wood,Illinois 60712 7222 W Ceremak Rd. Suite 701 (312)666-8888 N.Riverside,Illinois 60546 For additional owners, reprint additional pages with signatures 4) Name and address of contingent purchaser(s),if applicable: NONE. Name Address City, State Zip Code City,$he .t Phone number with Area Code 0 ;; r'ith 4440:410040 040**** For additional owners, reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: (LI)Light Industrial To: (CB)Community Business 6) This rezoning is requested to allow the following use(s): Banquet Hall and Indoor/Outdoor Soccer Facility. As a reminder, last year on or about March 2011 the ABZA recommended,and the Common Council passed,my clients petition asking that the area be rezoned from"LI"to"CB"to allow the use of the premises as an indoor/outdoor recreational soccer facility. We are simply refilling the petition,as my client also wants to use the facility as a banquet hall during the soccer off season. My client's petition in 2011 was granted without further hearing. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: a) Variance from the required 393 parking spaces to a minimum of 194 parking spaces shown. • The two uses will not be used at the same time. It is anticipated that the use for banquet hall will not be at the same time as any scheduled soccer practice or game. In either event,there is ample space on the demised lot for parking for either event. Due to the size of the premises,the code requires 393 parking spaces. The Banquet hall rental does not expect to exceed parking spaces for soccer games or banquet receptions. b) Variance to allow parking in 20 ft.front-yard setback. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. c) Variance to allow parking in 10 ft.rear-yard setback. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. d) Variance from providing 14 interior landscape islands for parking to 13 shown. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Space is limited,in order to include the 14 interior landscape islands will take away some of the designated parking spaces. e) Variance from providing landscape screening for shown parking spaces along public streets to no landscape screening. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Space is limited,in order to include the required landscape screening may take away some of the designated parking spaces. Due to the existing structure,said screening is impossible. f) Variance from providing a minimum 24 ft.wide asileway in parking area to a minimum 22 ft. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • The reduction to 22 feet will not necessarily reduce the safety of any persons present. g) Variance from providing a minimum 6 ft.wide facade landscape area along Washington Street to no facade landscape area. • This area has been previously paved. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. h) Variance from providing at a minimum one(1)over-story deciduous tree at a rate of one(1)tree every 40 ft. along site perimeter to providing said trees only along the improved portion of the site along Washington street as shown. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • Due to the prior pavement and limited space to work with,there is not enough space. We believe the submitted plans substantially conform to the City's requirement. i) Variance to allow a 7 ft.high chain link fence with security wire along frontage of Washington Street and Olive Street. • This is not a new construction. This is an established site with pre-existing building,paved parking spaces,fence lines,and other partially paved areas. • The fence will serve to separate vehicles and pedestrians on Washington from entering at unauthorized,unsafe points and provide the property security from any criminal element. br r CITY 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: My client's would like to utilize the building for a Banquet Hall and an indoor,community based soccer facility at this location. My client's proposed plan for this location will significantly improve the area,the neighborhood,and the City of South Bend's overall plan for growth. Granting the petition will improve the safety, comfort, community standards, and general well-being of the neighborhood. Remember,it is still a neighborhood. The property in question is lined with commercial properties directly to the South,and residential properties directly to the North. The properties prior use was an industrial warehouse. Many commercial trucks and traffic ingress and regress from the location. The current proposed use will not entail dangerous commercial trucks or traffic flowing about the area. No heavy machinery or equipment will be used for the day-to-day operation. Because the proposal is for a Banquet Hall and an indoor soccer facility, other than parking all activity will be conducted inside the current building. More than ample parking is available for the proposed use. The site for the Banquet Hall and indoor soccer facility is located in one area; there will be no need to cross the street for parking. The plan provides for safe vehicular and pedestrian access, including emergency vehicles. Neighborhood street parking and noise will be reduced by centralizing the parking location and eliminating commercial vehicles. Because the whole area is fenced in safety has been maximized. All utilities necessary for this use are already present. The location itself is secluded from the other commercial properties in the area by virtue of its enclosed perimeter and triangular shape. Proposed signs and exterior lighting, although not finalized, are expected to minimize neighborhood safety concerns and will be compatible with the surrounding properties via City site plan approval The proposed use will not entail the need to consider industrial environmental hazards and will be a friend to the environment when compared to the heavy industrial use of the property by the previous owners. Further, the current property has sat vacant,deteriorating for the at least the past six(6)years. My client's proposed use and improvement of the property will bring a fresh,new, and exciting business to the area. The neighborhood will benefit. New jobs and a tax base will be created. The proposed improvements and use of the location will be in line with community moral standards by bringing a family oriented community center to the area. Children and their families will have a safe place to go after school and hold family oriented activities such as Quinceneras,wedding receptions,birthday parties,and family reunions There exists the potential for future sporting or other similar venue events at this location. This proposal and plan anticipates other present business expansion and economic benefits to the City by offering current thriving business a commercially viable partnership. (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: The neighboring properties,being within a light industrial zone, will not suffer any negative impacts. The proposed use is for a banquet hall/indoor soccer facility,which is akin to a commercial use. The future improved site will increase property values and will energize the area. The use of the property as a community-oriented business will enhance both commercial and residential property values. The neighboring commercial and residential property owners will benefit from investing entrepreneurs attending commercially viable soccer games and practices and the ability to hold functions to celebrate as well. Because there is no other similar business in the area like this proposed banquet hall/indoor soccer facility,current businesses will not be subject to competing financial interests. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Light Industrial does not allow the property to be used at its most potential. Light Industrial does not allow this property to be used as a banquet facility. This property has already been approved by ABZA and the Common Council for use as an indoor/outdoor soccer facility. Allowing the premises to be used as both an indoor/outdoor soccer facility and banquet hall will maximize this properties potential. Not allowing this request will result in the property owners abandoning their already approved use of these premises as a soccer facility. 9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. The requested variances are clearly described on the attached site plan. 10) If applicable,a detailed description and purpose of the Special Use(s)being requested: The proposed banquet hall/indoor soccer facility fosters the City's"Smart Growth"plan by fostering an attractive community site with a central sense of place allowing community neighbors to interact. The community comes here to enjoy their families. The City's cultural infrastructure is strengthened by the development of a community-oriented location that can offer residents and partners to safe place to interact with any number of interests and/or the planning neighborhood activities. 11) A statement on how each of the following standards for the granting of a 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: My client's would like to utilize the building for a Banquet Hall and an indoor,community based soccer facility at this location. My client's proposed plan for this location will significantly improve the area,the neighborhood,and the City of South Bend's overall plan for growth. Granting the petition will improve the safety, comfort, community standards, and general well-being of the neighborhood. Remember,it is still a neighborhood. The property in question is lined with commercial properties directly to the South, and residential properties directly to the North. The properties prior use was an industrial warehouse. Many commercial trucks and traffic ingress and regress from the location. The current proposed use will not entail dangerous commercial trucks or traffic flowing about the area. No heavy machinery or equipment will be used for the day-to-day operation. Because the proposal is for a Banquet Hall and an indoor soccer facility, other than parking all activity will be conducted inside the current building. More than ample parking is available for the proposed use. The site for the Banquet Hall and indoor soccer facility is located in one area; there will be no need to cross the street for parking. The plan provides for safe vehicular and pedestrian access, including emergency vehicles. Neighborhood street parking and noise will be reduced by centralizing the parking location and eliminating commercial vehicles. Because the whole area is fenced in safety has been maximized. All utilities necessary for this use are already present. The location itself is secluded from the other commercial properties in the area by virtue of its enclosed perimeter and triangular shape. Proposed signs and exterior lighting, although not finalized,are expected to minimize neighborhood safety concerns and will be compatible with the surrounding properties via City site plan approval The proposed use will not entail the need to consider industrial environmental hazards and will be a friend to the environment when compared to the heavy industrial use of the property by the previous owners. Further, the current property has sat vacant,deteriorating for the at least the past six(6)years. My client's proposed use and improvement of the property will bring a fresh,new, and exciting business to the area. The neighborhood will benefit. New jobs and a tax base will be created. The proposed improvements and use of the location will be in line with community moral standards by bringing a family oriented community center to the area. Children and their families will have a safe place to go after school and hold family and community oriented activities such as Quinceneras,wedding receptions,birthday parties,and family reunions. There exists the potential for future sporting or other similar venue events at this location. This proposal and plan anticipates other present business expansion and economic benefits to the City by offering current thriving business a commercially viable partnership. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The neighboring properties, being within a light industrial zone, will not suffer any negative impacts. The proposed use is for a banquet hall/indoor soccer facility,which is akin to a commercial use. The future improved site will increase property values and will energize the area. The use of the property as a community-oriented business will enhance both commercial and residential property values. The neighboring commercial and residential property owners will benefit from investing entrepreneurs attending commercially viable soccer games and practices and the ability to hold functions to celebrate as well. Because there is no other similar business in the area like this proposed banquet hall/indoor soccer facility,current businesses will not be subject to competing financial interests. (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: The proposed use of the area is located within a commercially light industrial area, with many other situated commercial properties. Direct to the North of this properly is a large residential community, directly to the South a commercial community. The proposed use is not a residential proposal. The addition of my client's commercial business plan is consistent with this area's established character. The proposed use is anticipated to be received favorably by the community. The anticipated use is consistent with the overall character of the district. Family orientated with a flavor of locally owned commercial enterprise. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed banquet hall/indoor soccer facility fosters the City's "Smart Growth" plan by fostering an attractive community site with a central sense of place allowing community neighbors to interact. The community comes here to enjoy their families. The City's cultural infrastructure is strengthened by the development of a community-oriented location that can offer residents and partners to safe place to interact with any number of interests and/or the planning neighborhood activities. 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. Does not apply in this case. 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): Attorney Michael L.Lipsky v� 115 S.Lafayette Blvd.#116 South Bend,Indiana 46601 pA.Z G. ( 1-4p6 ( Ph: (574)387-4744 Fax:(574)387-4743 A4rR. •-0e PeAr-a-ZoAee T Lipskv(a lipskvlawoffices.com CONTACT PERSON: (If different) Name Address City, State Zip Code Phone number with Area Code E Maid Address p s; - g CITY CLEN,A PRELIMINARY Sl'1'E PLAN REQUIREMENTS:City of South Bend,Indiana Tabulated(listed)Data 1. Land Coverage: LAND COVERAGE AREA %OF TOTAL AREA Total:4.33 acres 188,782 sf 100% a. buildings(ground floor only) 9,670 sf 5.12% b. parking&loading,and drives 80,500 sf 42.64% c. open space(yards,landscaping,etc) 98,612 sf 52.24% 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. Banquet Hall& Indoor Soccer 9,670 sf 100% 1 story; 21 ft Total 9,670 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. One(1)space 25 sf of floor area in public use,plus one(1)space per employee;number of spaces required for 9,670 sf of public use floor area and six(6)employees ...393 spaces Number of spaces provided... 194 spaces Total proposed ... . 194 spaces Number of handicapped 7 spaces 4. Sewer and water facilities Current: public water;public sewer series Proposed: public water;public sewer W 5. Name of engineer, Danch,Harner&Associates,INC SEP ` 5 2012 1643 Commerce drive South Bend,Indiana 46628 J'-errY Manned 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. NOTE:additional information may be required during the review process so that the Commission can make an informed decision. JOHN W. BYORNI EXECUTIVE DIRECTOR - -LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.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 combined public hearing on a proposed ordinance of Manuel Villegas,Marco Villegas,David Navarro and Juan Ramierez to zone from LI Light Industrial District to CB Community Business District;seeking a Special Exception Use for an indoor/outdoor soccer facility;property located at 2222 W.Washington Street,City of South Bend- APC#2649-12. Dear Council Members: • I hereby Certify that the above referenced ordinance of Manuel Villegas,Marco Villegas,David Navarro and Juan Ramierez 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 John McNamara,being seconded by Robert Hawley and unanimously carried,the proposed ordinance of Manuel Villegas,Marco Villegas, David Navarro and Juan Ramierez to zone from LI Light Industrial District to CB Community Business District property located at 2222 W.Washington Street,City of South Bend,is sent to the Common Council with a favorable recommendation.The redevelopment of this site will provide for a positive adaptive reuse of this site. Upon a motion by Donna Chamblee,being seconded by Daniel Brewer and unanimously carried,the Special Exception Use of Manuel Villegas,Marco Villegas, David Navarro and Juan Ramierez for an indoor/outdoor soccer facility is sent to the Common Council with a favorable recommendation. The Special Exception Use allows an activity that is compatible with the general character and mix of uses in the neighborhood. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading.The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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, /6•1e11444: Red in CIe k, ohn W.Byorni Attachment COT 7 2012 CC: Manuel Villegas C JOHN 1/00'� Marco Villegas �' � �� °IP BEND,IN Juan Ramierez David Navarro C/O Attorn ey Vincent SER.VLNOrney L',IOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND L[ www.stlosephcoontyindiana.comIAreaplan Staff Report APC# 2649-12 Owner: Manuel Villegas,et.al. Location: 2222 W Washington Jurisdiction: City of South Bend • Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District; a Special Exception Use for indoor/outdoor soccer facility; and nine variances from the development standards. Land Uses and Zoning: On site: On site is a building previously granted a Special Exception Use for an indoor/outdoor soccer facility. North: To the north are two single family homes and several vacant lots zoned SF2 Single Family and Two Family District and a few businesses zoned MU Mixed Use District. East: To the east is a warehouse zoned LI Light Industrial District. South: To the south are railroad tracks (unzoned) and, across the railroad tracks, a post office and industrial properties zoned GI General Industrial District. West: To the west is the former location of the South Bend Animal Care and Control, and the Frehauf sales,facility zoned GI General Industrial District. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high'intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is 4.33 acres. There is an existing 9,670 square foot building covering 5% of the site. New paving for 194 spaces is proposed covering 43% of the site. Access is from Washington Street. The remaining 52%of the improved portion of the site is designated as open space. The site plan shows the eastern 360'of the site as proposed to be used as soccer fields. Zoning and land use history&trends: In 1973,the Council initiated a rezoning for this block from heavy industrial to light industrial.A Special Exception Use was previously granted for an indoor/outdoor soccer facility on March 28, 2011. Land uses in this area have remained consistent, with businesses and residential north of Washington Street,and industrial south of Washington Street. Traffic and transportation considerations: Washington Avenue has two lanes. Utilities: The site will be served by public water and sewer facilities. Additional information: (Agency comments) Community and Economic Development offers a positive recommendation for the zoning but would like to see a solution that contains some landscape buffering. The City Engineer had no comments. The Building Commissioner requires that the applicant reapply for the Special Exception Use because the property is being rezoned. Manuel Villegas, et. al. #2649-12 Page 1 of 3 Staff Comments: This is a combined public hearing, which includes a rezoning,a special exception use and nine variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation, and either approve or deny the variances. The petitioner is requesting the following 9 variances: 1)from the required 393 parking spaces to a minimum of 194 parking spaces; 2)from the 20 foot front yard Residential$ufferyard setback to 0 feet for parking; 3)from the 10 foot side yard setback to 0 feet for parking; 4)from the required 14 interior landscape islands to 13; 5)from the required landscape screening for parking spaces along public streets to no landscape screening; 6)from the required minimum 24 foot wide aisle way in a parking area to a minimum of 22 feet; 7) from the required foot wide foundation landscape area along Washington Street to no foundation landscape area; 8) from the required perimeter landscaping, at a rate of one(1) tree every 40 feet, along the site perimeter to providing said trees only along the improved portion of the site along Washington Street as shown;and 9) from the maximum height of 4 feet for a fence to allow the existing 7 foot high chain link fence with security wire along frontage of Washington Street and Olive Street. State statutes and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made 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) ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Plan identifies this area as light industrial. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current conditions and character: Many of the lots, houses, and businesses north of Washington Street are vacant. The railroad tracks separate this property from the more industrial uses to the south. 3. Most desirable use: The most desirable use is the adaptive reuse of this building. Manuel Villegas, et.al. #2649-12 Page 2 of 3 4. Conservation of property values: The additional upgrades, like a paved parking and landscaping, associated with the rezoning should enhance the site and protect the neighboring properties. 5. Responsible development and growth: It is responsible development and growth to allow the adaptive reuse of a building, with additional improvements to beautify the area. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation; based on information available prior to the public hearing,the staff recommends that the Special Exception Use 'for an indoor/outdoor soccer facility be sent to the Common Council with a favorable recommendation; the staff recommends approval of variances #1-6 & 9, and #8 subject to approval by the City Forester,but that variance#7 be denied. Analysis: The redevelopment of this site will provide for a positive adaptive reuse of this site. In the Staffs opinion the variances meet the standards for approval by recognizing the existing limitations of the site. It is the staffs opinion that variance #7 would not be needed if the drive aisle to the north of the building is reduced, making way for the foundation landscaping. The Special Exception Use allows an activity that is compatible with the general character and mix of uses in the neighborhood. Manuel Villegas,et. al. #2649-12 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public,health, safety, morals and general welfare 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; and (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception/Special Use A 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. LI I'. �l I, .. `� , 11� [ l '- bI I__ ._ 1-•LLLi'H _1,JL_ L LILJ�iJ H I—�1 L_ lP Lawton L E-1 i 1 J „ .1 c ._u, L. I ++-rmrr L— 1 I iLiJ - i 1 , _. -1 E i JAI L- � . LI E - y �� L Ji. 1 Chit 7 2r•H-I-1:-, h TP . a P- T- C _ ■ q i - , I , 1,:,,.(120-. I .-_,: [.,..,,.1F----, 1! _ice IL'r LiLL `-' 'lJaiQrange Orange T. '� t Li' --[:-.1 _ �JJLLI I ; L -J L I r L i j r-- i m !L -1 L_ L 1 L i'L ] I r i l I la1 Om7- 7_ ELI , . , 1 I JL- _i GI yCBrµi 1 _. , � s � 1 l n - ` . I M U' MU tJ I 2 (LB MU vl _ H 17 uu - W ashington z/z/0".",:,:;:;1:.':;': ' ' ' '' ' ''' ,„ o and = A . . . ,-,,,. ash ingta . c l ( L—?1 F2 -_- u - L-_ r_ Li 'evict) t r1 �-- �e� i I`I _E� I F2- I e� erson L_ rI J L = 1 r _;p F2. -- � _ 1 -- L 1 Rezoning from: "LI" LIGHT INDUSTRIAL DISTRICT - to "CB" COMMUNITY BUSINESS DISTRICT ZONING CLASSIFICATION SOUTH BEND"SF2'SINGLE FAMILYAND TWO FAMILY DISTRICT N 1_ (P SOUTH BEND"dB"OFFICE BUFFER DISTRICT /7-c71, • SOUTH BEND"MU"MIXED USE DISTRICT -4 '•; b� SOUTH BEND"LB"LOCAL BUSINESS DISTRICT -r' SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT S ':_ -''SOUTH BEND"GB"GENERALBUSINESS DISTRICT 1 inch = 300 feet SOUTH BEND"LI"LIGHT INDUSTRIAL DISTRICT ►SOUTH BEND"GI"GENERAL INDUSTRIALDISTRICT