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HomeMy WebLinkAboutBill No. 05-22 Ordinance for Proposed Amendment for Zoning for 2240 Prairie AveCity of South Bend PLAN COMMISSION 1.14.22 Honorable Committee Chair Hamann 4th Floor, County -City Building South Bend, IN 46601 RE: 2240 Prairie Ave PC#86-22 Dear Committee Chair Hamann: County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning JAN 1 g.. I DAWN M. 1,CITYC ERK, So ':ND, IN 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 21' 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 change south portion of the property from S 1 Suburban Neighborhood 1 to C Commercial to math north portion of the property. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer Tlm Corcoran Planning Director Angela Smith Zoning Administrator Daniel Brewer Commission President City of South Bend PLAN COMMISSION Property information JAN 1 ..: Tax Key Number.018-8111-4201 Address: No Number Assiqned Prairie Avenue Owner: RMD Real Estate LLC Legal Description: f Lot 1 Becker's Woodhaven Minor Subdivision recorded 05/03/2006, Document No. 0616795 by St. Joseph County Recorder. Project Summary Request to change south part of property from S1 to C to match north part of property. Requested Action Application includes (check all that apply) Z Rezoning Current District: S1 Suburban Neighborhood 1 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 ✓ Completed Application (including Contact Information) Site Plan drawn to scale (Not Available) Filing Fee Additional documents as noted above Property owner(s) of the petition site: Name: RMD Real Estate LLC Address: 4202 Technology Drive South Bend Indiana 46628 Name: Address: Name: Add resq Contact Person: Name: Patrick Carrico, Member Address: 4202 Technology Drive South Bend Indiana 46628 Phone Number: 6 7 I^� 3 7 0 -3 E-mail: C na Yl G I C� Ic.e M'Vi-V• ara�i"IG�'1 iv�0Y1�`/11as/er. 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: �� _ ....:, AEI, ' W. Ewing Ave. , __ Current Zoning: NC Current Zoning: NC is Current Zoning: C �oad231 Current Zoning: NC �e �\.\e Ca�t�e /� W-(/ -E � S w .� Current Zoning: C Lot 1 Current o a- Becker's Woodhaven Minor Subdivision o Zoning: C Ln ro 0 i V y0$ ro N 1 E �` q S G 9. LL GJ�ceosedtil�5 PGl $� 11�� Current Zoning:S-1 QtoP 6gF � ��0 Current Zoning: C L531 5g1 a _ Q N v AN n � �0• o 'a LU r o ,��� Current Zoning: S-1 � o Z ` # o i► Current Zoning: C Current Zoning: S-1 3 Current Zoning: S-1 ZONE MAP CHANGE 3220 Southview Drive FROM S-1 To C Elkhart, Indiana 46514 z LOT 1 BECKER'S WOODHAVEN MINOR SUB., (574) 266 1010 PT. NE 1/4, SEC. 22, T37N, R2E, PORTAGE TWP., Fax: (574) 262-3040 ST. JOSEPH CO., INDIANA*S ot A 11 nfo@sam.biz AUTOCAD FILE: 1021067463 DESIGNAW9 www.sam.biz ` JOB NUMBER SCALE: DRAWN BY DRAWING NO. I 1" = 80' I AKM Q2022 Surveying & Mapping, LLC I SHEET 1 OF 1 \ 67463 EXHIBIT BILL NO. 05-22 JAIL -'-"Z i 1 P ORDINANCE NO. LE CITY CI.ER:: - E3EP.1 '-,-.� AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2240 PRAIRIE, COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request to change south portion of the property from S 1 Suburban Neighborhood 1 to C Commercial to math north portion of the property. Petitioners desire to rezone the property from Sl Suburban Neighborhood 1 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: Lot 1 Becker's Woodhaven Minor Subdivision be 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 . In. Approved and signed by me on the .m. Dawn M. Jones, City Clerk Office of the City Clerk day of James Mueller, Mayor City of South Bend, Indiana , 2022, at o'clock -2- City of South Bend PLAN COMMISSION Tuesday, February 22, 2022 South Bend Common Council 227 W . Jefferson Blvd., 4 th Floor South Bend, IN 46601 County-City Building 227 W. Jefferson Blvd . 1400S South Bend, IN 46 601 (57 4) 235 -7627 www.southbendin .gov/zoning Filed in Ck:rl<'s Office ,-. FEB I .-.J DAWIJ lv1. JO , . , CITY CLE RK, SOUTH f3END, IN Re: Bill#05-22 - A proposed ordinance ofRMD REAL ESTATE LLC to zone from Sl Suburban Neighborhood 1 to C Commercial, property located at 2240 PRAIRIE A VE, City of South Bend -PC# 0086-22 Dear Council Members: I hereby Certify that the above referenced ordinance of RMD REAL ESTA TE 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 Kyle Copelin, being seconded by John Martinez and unanimously carried, a proposed ordinance ofRMD REAL ESTATE LLC to zone from Sl Suburban Neighborhood 1 to C Commercial, property located at 2240 PRAIRIE A VE, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation . 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, /), 11-~ ~M.Smith Zoning Administrator Attachment CC: RMDREALESTATE LLC Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President Staff Report -PC#0086-22 February 21, 2022 Property Information Location: 2240 PRAIRIE AVE Owner: RMD REAL ESTATE LLC Requested Action Rezone from S1 Suburban Neighborhood 1 to C Commercial Project Summary Request to change south portion of property from S1 Suburban Neighborhood 1 to C Commercial to match northern portion of the property. Location Map Recommendation Staff Recommendation: Based on the information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Rep ort -PC#0086-22 Proposed Site Plan Current Zoning : NC ii' ~ ~ ,,. ~ 1 i § ~ l ! ii' N ~ q "O co 0 0:: ii, :::, u 0 _J Current Zoning : NC Current Zoning : C Current Zoning : C ZONE MAP CHANGE FROM S-1 TO C 0 (;' LOT 1 BECKER'S WOODHAVEN MINOR SUB , j PT . NE 1/4 , SEC . 22 , T37N , R2E , PORTAGE TWP ., " ST. JOSEPH CO ., INDIANA !1--------------------1 AUTOCAD FILE : 102 1067463 DESIGN .dwg W. Ewing Ave. ,-, Current Zoning : NC Current Zoning : C Lot 1 Becker's Woodhaven Minor Subdivision Current Zoning : S-1 Current Zoning : C ~ w-'6-E I s Current Zoning : C Current Zoning : S-1 3220 Southview Drive Elkhart, Indiana 46514 (574) 266-1010 Fax : (574) 262-3040 info@sam.biz www.sam.biz 2/21/2022 t---------------------11----------------,.------------------1 i JO B NUMBER 67463 SCALE 1" = 80' DRAWN BY AKM SOUTH BE ND PLAN COMMISSION © 2022 Surveying & Mapping , LLC SHEET 1 OF 1 DRAVV1NG NO . E X HIBIT Page 2 of 4 Staff Report -PC#0086-22 2/21/2022 Site & Context Land Uses and Zoning: On site : On site is currently a vacant lot. North : To the north, across Prairie Ave, is a Fire Station zoned NC Neighborhood Cen ter. East: To the east is a retail establishment zoned C Commerci al South : To the south is a wooded lot zoned S1 Suburban Neig hbo rhood 1. West: To the west is a gas station zoned C Commercial. District Intent: The C District is established to provide a location for med i um-to high-intensity commercial 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: There was no site plan submitted for the petition. The site will need to comply with all development stadards of the C Commercial District when developed. Zoning and Land Use History and Trends: The far south-western portion of the city was developed slowly during the middle of the 2oth Century with small suburban ranch homes and small scale commer cial along Prairie. With the construction and expans ion of the Four Winds Casino in the past decade, there has bee n an increase in small commercial activity along Prairie. The current lot is a combination of zoned C Commercial on smaller parcels adjacent to Prairie with the rear po rt ion of the lot being zoned S1 Suburban Neighborhood 1. Traffic and Transportation Considerations: Prairie avenue is a two lane State-Highway with no on-street parking. Agency Comments Agency Comments: There are no Engineering comments at this time . Engineering will fl.!llly review when the property is subm itted for Commercial Plan Review. Staff Comments: Commercial activity along the lot may be beneficial to the surrou nding neighborhood if developed in a manner compatible with the other small scale commercial properties nearby. The existing commercial properties can be developed , however the shallow depth make development more challenging . 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 Comprehensi ve 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. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report -PC#0086-22 Land Use Plan: The future land use plan identifies this area as commercial. Plan Implementation/Other Plans: 2/21/2022 The neighborhood and City Planning Staff are in an ongoing planning process for the greater Rum Village Neighborhood . 2. Current Conditions and Character: The current character of the area is small scale suburban commercial properties and other institutional uses. 3. Most Desirable Use: The most desirable use for the land would be commercial uses which fit into the small scale suburban character of the surrounding area. 4. Conservation of Property Values: The proposed development should not have significant impact on surrounding property values. The northern portion of the parcel is already zoned C Commercial. 5. Responsible Development and Growth: It is responsible development and growth to allow for the limited commercial development close to a major thoroughfare. Analysis & Recommendation Commitments: There are no commitments proposed at this time . Analysis: Rezoning the southern portion of the site to C Commercial will allow for a cohesive development site along a heavily traveled commercial corridor. The northern portion of the parcel is already zoned C Commercial. Prairie Avenue has a history of small scale commercial throughout the corridor . In recent planning process (fall of 2021 ), the neighborhood has indicated a desire for commercial uses that are compatible with the surrounding neig h borhood without negatively impacting property values . Recommendation: Based on the information available prior to the public hearing , the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4