HomeMy WebLinkAboutBill No. 04-22 Ordinance for 2122 & 2128 South Bend Ave Amendment for ZoningJ ONO ?"NCO
z City of South Bend
* PLAN COMMISSION
F�ABUSHED
1.18.22
Honorable Committee Chair Hamann
4th Floor, County -City Building
South Bend, IN 46601
r
County -City Building
227 W. Jefferson Blvd. 1400S
South Bend,"
(574)235-7627
www.southbendin.gov/zoning
JAN 19 7922
RE: 2122 & 2128 South Bend Ave. C) A
CITY CL_E;;K, Sc'u'n" ;TEND, IN
Dear Committee Chair Hamann:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Also included is the application submitted by the petitioner.
Please include the attached Ordinance on the Council agenda for first reading at your January 24,
2022 Council meeting, and set it for public hearing at your February 28th 2022 Council meeting.
The petition is tentatively scheduled for public hearing at the February 215t 2022 South Bend
Plan Commission meeting. The recommendation of the South Bend Plan Commission will be
forwarded to the Office of the City Clerk by noon on the day following the public hearing.
The petitioner provided the following to describe the proposed project:
Request to rezone a portion of 2122 South Bend Ave. and all of 2128 South Bend Ave.,
to C Commercial to allow for an Automotive Lube Center to compliment the adjacent
Drive and Shine facility. A portion of the small retail shops will remain.
If you have any questions, please feel free to contact our office.
Sincerely,
Joseph Molnar
Zoning Specialist
CC: Bob Palmer
Tim Corcoran Angela Smith Daniel Brewer
Planning Director Zoning Administrator Commission President
City of South Bend
PLAN COMMISSION
Property Information
Tax Key Number:024-1001-0428, 024-1001-042901,
Address:2122 & 2128 South Bend Ave., South Bend, IN 46635
Owner: DEV 2122 28 SR 23 LLC
Legal Description:
That part of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, City of South Bend, Clay
Township, St. Joseph County, Indiana which is described as: Beginning at the Northeast corner of a Parcel of
ground described in Deed Document Number 2021-43244 in the records of the St. Joseph County, Indiana
Recorder's Office; thence S. 00°36'20" E. (All Bearings Assumed) along the East line of said Parcel, a distance of
247.87 feet more or less; thence, S. 89°29'21" W., a distance of 101.19 feet more or less; thence, S. 01 °41'49" E.,
a distance of 30.00 feet more or less; thence, S. 89°29'21" W., a distance of 61.42 feet more or less; to the West
Project Summary
The rezoning request is to zone a portion of 2122 South Bend Ave., all of 2128 South Bend
Ave., to C Commercial to allow for an Automotive Lube Center to compliment the adjacent
Drive and Shine facility. A portion of the small retail shops will remain.
Requested Action
Application includes (check all that apply)
❑✓ Rezoning
Current District: NC Neighborhood Center Additional Districts, if applicablE
Proposed District C Commercial Additional Districts, if applicablE
The Plan Commission and Council will consider the following in the review of a rezoning petition:
(1) The comprehensive Plan;
(2) Current conditions and the character of the current structures and uses in each district;
(3) The most desirable use for which the land in each district is adapted;
(4) The conservation of property values throughout the jurisdiction; and
(5) Responsible development and growth.
❑ Subdivision — complete and attach subdivision application
❑ Special Exception — complete and attach Criteria for Decision Making
Use requested:
❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
T Completed Application (including Contact Information)
Site Plan drawn to scale
✓ Filing Fee
Additional documents as noted above
Property owner(s) of the petition site:
Name: DEV 2122 28 SR 23 LLC
Address: 16915 Cleveland Road
Name:
Address:
Name:
Address -
Contact Person:
Name: Michael Danch - Danch, Harner & Associates, Inc.
Address: 1643 Commerce Drive, South Bend, IN 46628
Phone Number: 574-234-4003.
E-mail: mdanch@danchharner.com, gshearon@ danchharner.com
By signing this petition, the Petitioner/Property Owners of the above described Real
Estate acknowledge they are responsible for understanding and complying with the
South Bend Zoning Ordinance and any other ordinance governing the property.
Failure of staff to notify the petitioner of a requirement does not imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before the South Bend Plan Commission and Common Council and to answer any and
all questions related to this petition.
Property Owner (s) Signatures:
BILL NO. 04-22
JAN 19 F02.2
ORDINANCE NO.
CITY C.PhK, :; 'NCB, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
2122 & 2128 SOUTH BEND AVE, COUNCILMANIC DISTRICT NO.4 IN THE CITY
OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request to rezone a portion of 2122 South Bend Ave. and all of 2128 South Bend Ave., to C
Commercial to allow for an Automotive Lube Center to compliment the adjacent Drive and
Shine facility. A portion of the small retail shops will remain.
Petitioners desire to rezone the property from NC Neighborhood Center District to C
Commercial District.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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:
That part of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, City
of South Bend, Clay Township, St. Joseph County, Indiana which is described as: Beginning at
the Northeast corner of a Parcel of ground described in Deed Document Number 2021-43244 in
the records of the St. Joseph County, Indiana Recorder's Office; thence S. 00°36'20" E. (All
Bearings Assumed) along the East line of said Parcel, a distance of 247.87 feet more or less; thence,
S. 89°29'21" W., a distance of 10 1. 19 feet more or less; thence, S. 01 °4F49" E., a distance of
30.00 feet more or less; thence, S. 89°29'21" W., a distance of 61.42 feet more or less; to the
Westbe and the same is herby established as C Commercial
SECTION II. This ordinance is and shall be subject to commitments as provided by
Chapter 21-12.07(f)(7) Commitments, if applicable.
SECTION III. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Sharon L. McBride, Council President
South Bend Common Council
Attest:
Dawn M. Jones, 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 , 2022, at
o'clock . M.
.m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2022, at o'clock
James Mueller, Mayor
City of South Bend, Indiana
-2-
City of South Bend
PLAN COMMISSION
Tuesday, February 22, 2022
South Bend Common Council
227 W. Jefferson Blvd., 4th Floor
South Bend, IN 46601
County-City Building
227 W. Jefferson Blvd . 1400S
South Bend , Il'J 46601
(574) 23 5-7627
www.southbendin .gov/zoning
Re: Bill#04-22 - A proposed ordinance of DEV 2122 28 SR 23 LLC to zone from NC Neighborhood
Center to C Commercial, property located at 2122 and 2128 SOUTH BEND A VE, City of South Bend -
PC# 0088-22
Dear Council Members:
I hereby Certify that the above referenced ordinance of DEV 2122 28 SR 23 LLC was legally advertised
on February 11, 2022 and that the South Bend Plan Commission at its public hearing on February 21,
2022 took the following action:
Upon a motion by Sheila Niezgodski, being seconded by John Martinez and unanimously carried, a
proposed ordinance of DEV 2122 28 SR 23 LLC to zone from NC Neighborhood Center to C
Commercial, property located at 2122 and 2128 SOUTH BEND A VE, City of South Bend, is sent to
the Common Council with a FAVORABLE recommendation, subject to a subdivision to match the
zoning line established.
The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at
the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are
available in our office and will be posted on our website once approved.
Sincerely,
/J ,71.~
a.M. Smith
Zoning Administrator
Attachment
CC : DEV 2122 28 SR 23 LLC
Tim Corcoran
Planning Director
Angela Smith
Zoning Administrator
Scott Ford
Commissi o n Pr e sident
Staff Report -PC#0088-22 February 21, 2022
Property Information
Location : 2122 and 2128 SOUTH BEND AVE
Owner: DEV 2122 28 SR 23 LLC
Requested Action
Rezone from NC Neighborhood Center to C Commercial
Project Summary
Rezone to C Commercial to allow for an Automotive Lube Center to compliment the adjacent Drive and
Shine facility. A portion of the existing retail shops will remain .
Location Map
Recommendation
Staff Recommendation: Based on information available prior to the public hearing, the staff
recommends the rezoning petition be sent to the Common Council with a favorable
recommendation , subject to a subdivision to match the zoning lline established.
SOUTH BEND PLAN COMMISSION Page 1 of 4
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Staff Report -PC#0088-22 2/21/2022
Site & Context
Land Uses and Zoning:
On site: On site is a two storefront retail bu ilding and billboard sign .
North: To the north, across South Bend Ave, are properties zoned C Commercial.
East: To the east is a gas station zoned C Commercial and retai l properties zoned NC
Neighborhood Center.
South: To the south is a former restaurant zoned NC Neighborhood Center.
West: To the west is the new Drive & Shine zoned C Commercial.
District Intent:
The C District is established to provide a location for medium-to high-intensity connmercial uses
that are auto-oriented, typically located along major corridors at the fringe of the City or as small
groupings located outside of neighborhood centers.
Site Plan Description:
The current site plan shows the removal of one of the two storefronts and the constr uction of a
Lube Center on the western portion of the site .
Zoning and Land Use History and Trends:
Properties along this portion of South Bend Avenue are a mix of NC Neighborhood Center and C
Commercial Districts. Auto-oriented commercial is primarily focused on the north side of the
street with several drive-through restaurants, a bank, and other auto-oriented uses. The south
side of the street is primarily NC Neighborhood Center with C Commercial properties scattered
throughout. The South Bend Avenue corridor has seen significant investment and redevelopment
over the past five years.
Traffic and Transportation Considerations:
This portion of South Bend Avenue is also State Road 23 with four travel lanes and a center turn
lane .
Agency Comments
Agency Comments: Access will need to be coordinated with INDOT.
Staff Comments:
This section of State Road 23 is a heavily traveled corridor. Traffic can be a sign ificant concern
and careful attention should be paid to the access location and design . To protect pedestrians.
the sidewalk should be redesigned to allow for a tree lawn between the street and t he sidewalk.
Criteria for Decision Making
Rezoning
Per State Law, the Plan Commission and Common Council shall pay reasonable regard to:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan , South Bend Comprehensive Plan (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 plan identifies this area as Commercial.
SOUTH BEND PLAN COMMISSION Page 3 of 4
Staff Report -PC#0088-22
Plan Implementation/Other Plans:
There are no specialized plans for this area.
2. Current Conditions and Character:
2/21/2022
Currently, the character of this section of South Bend Avenue is primarily auto-orientated
commercial uses.
3. Most Desirable Use:
The most desirable use for the property would be a commercial use designed to minimize impact
on pedestrian traffic.
4. Conservation of Property Values:
Because this is an existing commercial corridor, the use and value of adjacent properties shou ld
not be adversely affected .
5. Responsible Development and Growth:
It is responsible development and growth to allow for a new business to reinvest into property
along South Bend Avenue in a manner that is complimentary to the existing businesses.
Analysis & Recommendation
Commitments: There are no commitments proposed at this time .
Analysis: Rezoning the site to C Commercial will allow for the redevelopment of an area along a major
corridor into the City. This site's location on a heavily traveled State highway near the
intersection with Ironwood support the request for a more auto-oriented land use.
Recommendation: Based on information available prior to the public hearing, the staff recommends the
rezoning petition be sent to the Common Council with a favorable recommendation, subject to a
subdivision to match the zoning line established.
SOUTH BEND PLAN COMMISSION Page 4 of 4