HomeMy WebLinkAboutBill No. 30-22 Amending Zoning Ord for 3335 E Ireland and 4427 S Brookton PLAN C-0 County-City Building
J = City of South Bend 227 W.Jefferson Blvd. 1400S
* z South Bend,IN 46601
35-7627
PLAN COMMISSION ding v/zoning
www.southbendin.gov/zoning
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June 22, 2022 Filed in Clerk's Office
Honorable Lori K. Hamann JUN 2 L 20012
41h Floor, County-City Building
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South Bend, IN 46601 DAWN M. JO�iNES
CITY CLERK, SOUTH BEND, IN
RE: 4427 Brookton and 1335 Ireland
PC#0105-22
Dear Ms. Hamman:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
June 27, 2022 Council meeting, and set it for public hearing at your July 25, 2022 Council
meeting. The petition is tentatively scheduled for public hearing at the July 18, 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 Wednesday following the public
hearing.
The petitioner provided the following to describe the proposed project:
Petitioners desire to rezone the property from S 1 Suburban Neighborhood 1 to C
Commercial District to build an automotive repair business.
The full petition is attached for your reference. Changes may occur between the filing and the
public hearing. Any substantial changes will be identified at the Council meeting.
If you have any questions,please feel free to contact our office.
Sincerely,
Ang eaSmith
Zoning Administrator
CC: Bob Palmer
Tim Corcoran Angela Smith Scott Ford
Planning Director Zoning Administrator Commission President
T
FFiled i n Office
JUN 2 2 20%?
BILL NO. 30-22
DAB ti M. ..;O�;C-S'J
CITY CLERK,SOUTH BEND, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
1335 EAST IRELAND AND 4427 SOUTH BROOKTON, COUNCILMANIC DISTRICT
NO. 5 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from S 1 Suburban Neighborhood 1 to C
Commercial District to build an automotive repair business.
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:
LOTS 245 AND 246 OF THE REVISED PLAT OF BROADMOOR SECTION 3
be and the same is hereby established as C Commercial District
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 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.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2022, at o'clock
.in.
James Mueller, Mayor
City of South Bend, Indiana
I
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PLAN COMMISSION
Tax Key Number923-1004-0312 & 023-1004-0313
Address: 1335 East Ireland Road & 4427 South Brookton Drive
Owner: Fox Real Estate LLP
Legal Description: ----------_--------------- _- ----
Lots 245 and 246 Revised Plat of Broadmoor Section 3
Rezone the subject property from S1 Suburban Neighborhood 1 to C Commercial.
Application includes (check all that apply)
0✓ 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:
0 Completed Application (including Contact Information)
0 Site Plan drawn to scale
❑✓ Filing Fee
❑✓ Additional documents as noted above
Property owner(s) of the petition site:
Name: Fox Real Estate LLP
Address: 5717 Grape Road
Mishawaka, IN 46545
Name:
Address:
Name:
Address:_
Contact Person:
Name: Jeffrey Schaffer, Abonmarche
Address: 315 West Jefferson Boulevard v
South Bend, IN 46601
Phone Number: (574) 232-8700 �—
jschaffer@abonmarche.com
E-mail:
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:
Foy RGft t G;5rwj:a �-�
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Narrative of Rezoning Application Sl to C
Brookton Drive and Ireland Road
I. Comprehensive Plan
City of South Bend Comprehensive Plan (City Plan,2004)
This application is supported by the City of South Bend Comprehensive Plan.
A. The Future Land Use Map (Page 19, Map 3.1) designates the area around Ireland Road, east of Miami
Street, as a "Regional Commercial Node". That node is located directly adjacent to and overlaps
the land designated as "Low Density Residential". This would suggest that the boundary between
those land uses is not fixed and can be varied as needed to respond to the on-going development
of the area.
The subject property is located within this overlap and is part of the "Regional Commercial Node".
B. The map of Areas with Commercial and Corridor Plans (Page 25, Map 3.3) denotes that the properties
on both sides of Ireland Road, from Lafayette Street and Brookton Drive, are located within the "South
Gateway Corridor". According to the Plan, "Corridors are historically areas in a community where
most of the commercial activity began and flourished. Preserving and enhancing the commercial
and mixed-use character of a corridor is often the major goal of corridor plans." (Page 26)
The subject property is located within the "South Gateway Corridor".
C. The City Plan further states the following:
1. "Commercial activity is primarily concentrated along the major arterial streets." (Page 20)
Ireland Road is major arterial street.
2. "The Erskine Hills Shopping District (Ireland Road, South Bend) and University Park Mall area (Grape
Road, Mishawaka) serve as regional, commercial nodes or centers." (Page 20)
The subject property is located within the Erskine Hills Shopping District, directly adjacent to high
volume, high turnover commercial uses.
3. Under Smart Growth Principles, "Strengthen and direct development toward existing built-up
areas and infrastructure." (Page 22)
The subject property is located adjacent to an existing large commercial development complex.
D. Finally, the proposed development of the subject property complies with Policy LU 2.4, "Provide buffer
spaces between noncompatible land uses." (Page 31)
The nature of the proposed development of the subject property is a buffer between non-compatible
uses, as follows:
1. The activities will occur on the south side of the building, along Ireland Road. The building itself
and the landscaping and fencing along the north side of the building will serve as a buffer from
those activities to the residential land uses.
2. The proposed land use does not generate the type of traffic that is generated by adjacent high-
volume land uses, such as high-turnover restaurants and gasoline stations. This land use will be a
low-impact development use and very low-volume traffic generator.
3. The proposed land use is also limited in nature and does not operate in the evenings, overnight,
or weekends.
April 18, 2022 Page 1 of 3
Narrative of Rezoning Application Sl to C
Brookton Drive and Ireland Road
II. Other Planning Documents
Cit y of Souih Bend Sout:i Gateway Cornmercid; Corridor Plan (1998)
This application is supported by the City of South Gateway Commercial Corridor Plan.
A. The "South Destination Commercial Sector", as mapped (Page 32) includes properties on both sides
of Ireland Road, from Lafayette Street to Brookton Drive.
The subject property is located within the "South Destination Commercial Sector".
B. The South Gateway Commercial Corridor was intended for commercial uses. It states the following,
"To succeed, the South Gateway needs to recruit additional businesses that are compatible with the
area's strengths and weaknesses". (Page 41)
The proposed development of the subject property will bring a new and compatible business to the
South Gateway Commercial Corridor.
City of South Bend South Side Development Area P;an '(2019)
This application is supported by the City of South Bend South Side Development Area Plan.
A. Goal/Objective 1 states, in part, "Facilitate the creation of development sites"and"Promote projects
that best maximize the assessed valuation of the property".
The proposed development of the subject property would do both. It is very unlikely that a residential
dwelling will be constructed in the future on the corner of Brookton Drive and Ireland Road.
B. Goal / Objective 5 states, in part, "Stimulate the creation, retention, and expansion of business,
particularly in expanding and export industries.
The proposed development of the subject property will bring a new business to the South Side
Development Area. The increase in valuation of the subject property will support other opportunities
within the South Side Development Area.
April 18, 2022 Page 2 of 3
Narrative of Rezoning Application Sl to C
Brookton Drive and Ireland Road
III. Other Considerations
The rezoning of the subject property should be considered based on the Comprehensive Plan (as
discussed above) and other planning documents, but should also be based on the following:
A. Current conditions and the character of current structures and uses in each district
As discussed above, the subject property is located within the "Regional Commercial Node"and the
"South Destination Commercial Sector".
B. The most desirable use for which the land in each district is adapted
It is unlikely that the subject property will be further developed in a residential manner. The
construction of a new residential dwelling at the corner of Brookton Drive and Ireland Road would
place a new residence on a high-volume street adjacent to a high-volume commercial land use.
C. The conservation of property values through the jurisdiction
The nature of the proposed development of the subject property is a buffer between non-compatible
uses, as follows:
1. The activities will occur on the south side of the building, along Ireland Road. The building itself
and the landscaping and fencing along the north side of the building will serve as a buffer from
those activities to the residential land uses.
2. The proposed land use does not generate the type of traffic that is generated by adjacent high-
volume land uses, such as high-turnover restaurants and gasoline stations. This land use will be a
low-impact development use and very low-volume traffic generator.
3. The proposed land use is also limited in nature and does not operate in the evenings, overnight,
or weekends.
D. Responsible growth and development
The proposed development of the subject property should be located on a major arterial street, and
Ireland Road is such a street.
April 18, 2022 Page 3 of 3
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