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HomeMy WebLinkAbout02.19.2024 PC Agenda Packet County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Tim Corcoran Interim Zoning Administrator Scott Ford Commission President AGENDA Monday, February 19, 2024 - 4:00 P.M. County-City Building Fourth-Floor Council Chambers www.tinyurl.com/southbendplancommission PUBLIC HEARING: A.REZONINGS 1. Location:734 WALNUT ST PC#0185-24 Petitioner: GUADALUPE AND ROSA AREVALO Requested Action: Rezoning: From U1 Urban Neighborhood 1 to NC Neighborhood Center 2. Location:3931 PORTAGE RD and adjacent vacant lot to the West PC#0186-24 Petitioner: SALAH M & CYNTHIA A HILAL Requested Action: Rezoning: From S2 Suburban Neighborhood 2 to C Commercial 3. Location:711 LELAND AVE PC#0187-24 Petitioner: CASPERS-SHUTTS FAMILY TRUST Requested Action: Rezoning: From U2 Urban Neighborhood 2 to UF Urban Neighborhood Flex Special Exception: Retail & Service and Restaurant 4. Location: 1610 and 1612 HILDE CT PC#0188-24 Petitioner: THERESA LIGHTNER Requested Action: Rezoning: From U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex Variance(s): 1) from the required 3 streetscape trees on Hilde Court to none; 2) from the minimum parking setback of 5' behind the corner facade and 5' from the side lot line to 2' behind the corner facade on the west and 0' on the south; 3) from the required type 1 parking area screening on the west and south to a 6' solid fence; 4) from the 3' maximum height for a solid fence in the established corner yard to 6' B.MAJOR SUBDIVISIONS - None for consideration C.TEXT AMENDMENTS - None for consideration D. DEVELOPMENT PLANS - None for consideration County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Tim Corcoran Interim Zoning Administrator Scott Ford Commission President ITEMS NOT REQUIRING A PUBLIC HEARING: A.MINOR SUBDIVISIONS 1. Name: PC#0192-24 Location: FIVE CORNERS II - REPLAT East side of SR-23 between Corby Blvd and Campeau St B.FINDINGS OF FACT – December 18, 2023 C.MINUTES – February 5, 2024 - SPECIAL Meeting D.UPDATES FROM STAFF E.ADJOURNMENT SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0185-24 February 19, 2024 Property Information Location: 734 WALNUT ST Owner: GUADALUPE AND ROSA AREVALO Requested Action Rezone from U1 Urban Neighborhood 1 to NC Neighborhood Center Project Summary Rezoning from U1 Urban Neighborhood 1 to NC Neighborhood Center to allow existing concrete parking pad with 7 spots. Location Map Recommendation Staff Recommendation: Based on 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. Staff Report -PC#0185-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 2 of 4 Proposed Site Plan Staff Report -PC#0185-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 3 of 4 Land Uses and Zoning: On site: A 60' x 20' concrete pad abutting an alley to the south on a parcel zoned U1 Urban Neighborhood 1 North: A residential unit zoned U1 Urban Neighborhood 1 East: Across an alley, a residential unit zoned U1 Urban Neighborhood 1 South: Across an alley, two commercial properties and one residential unit zoned NC Neighborhood Center West: Across S Walnut Street, residential units zoned U1 Urban Neighborhood 1 District Intent: The NC District is established to promote higher intensity, urban neighborhood centers, typically located near the intersection of major streets, in core and outlying areas of the City that are well connected to surrounding neighborhoods. Site Plan Description: The existing concrete pad will remain and will be brought up to City standards for a parking lot in an NC district, including a Type 1 buffer to the west and a Type 1 or Type 2 buffer to the north. Zoning and Land Use History and Trends: A house was located on this parcel in 1917. The house was demolished between 2015 and 2016 and the parking pad was built on the site between 2016 and 2017. Traffic and Transportation Considerations: To the west of the parcel, S Walnut Street is a 36' wide two lane street. 12' alleys run to the south and east of the parcel. Staff Comments: No additional comments at this time. 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's comprehensive plan, City Plan (2006) Objective LU 2: Encourage a compatible mix of land uses in the community. Rezoning the site will allow for a current business to expand service to the neighborhood. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential. Plan Implementation/Other Plans: There are no neighborhood specific plans for this area. 2.Current Conditions and Character: The existing neighborhood is a dense urban single-family neighborhood. Most of the homes in the neighborhood date from the early 1900s. Many small scale commercial buildings exist on corner lots which continue to serve the neighborhood. Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0185-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 4 of 4 3.Most Desirable Use: The most desirable use is one that promotes mixed use development to strengthen the neighborhood. 4.Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. 5.Responsible Development and Growth: It is responsible development and growth to allow for commercial development on this parcel that supports the neighborhood. Commitments: There are no commitments at this time. Analysis: Rezoning to NC Neighborhood Center will allow this property to be fully utilized by the business to the south, which currently owns the parcel. Under common ownership and the same zoning, the parcel can support accessory uses to the business, expanding the capacity of a neighborhood scale business to serve the surrounding area. Recommendation: Based on 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. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0186-24 February 19, 2024 Property Information Location: 3931 PORTAGE RD and adjacent vacant lot to the West Owner: SALAH M & CYNTHIA A HILAL Requested Action Rezone from S2 Suburban Neighborhood 2 to C Commercial Project Summary The proposed rezoning would result in both portions of the property being zoned the same in order to allow for a cohesive commercial development. Location Map Recommendation Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Staff Report -PC#0186-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 2 of 4 Proposed Site Plan Staff Report -PC#0186-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 3 of 4 Land Uses and Zoning: On site: On site is currently a vacant lot. North: To the north, is a single family home zoned S2 Suburban Neighborhood 2. East: To the east is a vacant lot in unincorporated St. Joseph County. South: To the south is a parking lot zoned C Commercial. West: To the west is a warehouse zoned I Industrial. District Intent: The C District is established to provide a location for medium- 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: The site plan submitted with the request shows two (2) large conditioned storage buildings on the south side of the property with four (4) smaller buildings (5,500 sqft - 7,500 sqft) located on the north portion of the property adjacent to S2 Suburban Neighborhood 2 zoned property also owned by the petitioner. Water detention will be located on the western portion of the site adjacent to I Industrial zoned properties. Zoning and Land Use History and Trends: The far northern portion of the City along Portage has been primarily commercial in nature and the development of the self storage facility would not be inconsistent with the area. The most recent commercial development in the immediate vicinity is a Take 5 Car Wash to the south and east of this site. Traffic and Transportation Considerations: Portage Avenue is a two lane street with no on-street parking. Agency Comments: There are no Engineering comments at this time. Engineering will fully review when the property is submitted for Commercial Plan Review. Staff Comments: Commercial activity on the lot may be beneficial to the surrounding area if developed in a manner compatible with the other commercial properties nearby. 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: Encourage a compatible mix of land uses in the community. Land Use Plan: The future land use plan identifies this area as commercial. Plan Implementation/Other Plans: Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0186-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 4 of 4 The petition 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. 2.Current Conditions and Character: The current character of the area is commercial to the south with the parcel to the north being the northern most portion of the City along Portage Avenue. 3.Most Desirable Use: The most desirable use of the property is one that allows for the development of commercial uses in a manner that is compatible with the existing commercial uses nearby. 4.Conservation of Property Values: With proper buffering and design, the proposed development should not have significant impact on surrounding property values. 5.Responsible Development and Growth: It is responsible development and growth to allow for the commercial development along a major thoroughfare. Commitments: There are no commitments at this time. Analysis: Rezoning the western lot adjacent to 3931 Portage Avenue will allow for cohesive site development along a major commercial corridor. The proposed projcet can serve to transition from the more intesne commetcial uses to the south to the residential areas to the north. The eastern portion of the property (3931 Portage Ave) is already zoned C Commercial. Recommendation: Based on the information available prior to the public hearing, Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report – PC#0187-24 February 19, 2024 Property Information Location: 711 LELAND AVE Owner: CASPERS-SHUTTS FAMILY TRUST Requested Action Rezone from U2 Urban Neighborhood 2 to UF Urban Neighborhood Flex Special Exception: Retail & Service and Restaurant Project Summary The proposed rezoning would allow for a nonresidential ground-floor use with a residential dwelling unit above. The development would use the existing structure on site. Additional residential units may be added in a secondary structure at the rear of the property in compliance with the Ordinance. Location Map Recommendation Staff Recommendation: Based on 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. The Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Staff Report -PC#0187-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 2 of 5 Proposed Site Plan Staff Report -PC#0187-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 3 of 5 Land Uses and Zoning: On site: A two-family residential dwelling. North: To the north, a small private neighborhood park on a platted lot zoned U2 Urban Neighborhood 2. East: To the east is a a restaurant (No. 6) zoned UF Urban Flex. South: To the south is a single unit dwelling zoned U2 Urban Neighborhood 2. West: To the west is a church (St. Paul Bethel Baptist Church) zoned U1 Urban Neighborhood 1. District Intent: The UF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: The site plan provided with the petition shows the existing building and concrete parking pad in the rear yard. Zoning and Land Use History and Trends: The section of Portage Avenue between Marion Street to the south and California Avenue to the north has seen an uptick in commercial development in the past several years. This includes the construction of a Burton's Laundry to the south and the redevelopment of Ward Bakery to the north. Traffic and Transportation Considerations: Leland Avenue is a residential brick surfaced street with on-street parking. Agency Comments: There are no agency comments at this time. Staff Comments: A small scale retail or restaurant use is not permitted in the U2 zoning district, but is consistent with other uses in the general vicinity. The location of this property adjacent to another UF use and in close proximity to Portage Avenue frontage make it a suitable location for the proposed zoning and use. 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's comprehensive plan, City Plan (2006) Objective ED2: Retain existing businesses and recruit new ones to the city. Allowing the rezoning of the site will allow for the development of a new business in the city. Land Use Plan: Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0187-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 4 of 5 The future land use plan identifies this area as low density residential. With a residential unit located on the 2nd floor of the structure, it will continue its historic residential use. Plan Implementation/Other Plans: The petition is consistent with the Near Northwest Neighborhood Plan (2019) which encourages amenities that serve the neighborhood; increase housing choice; and encourage of mix of uses. The petition is also consistent with City Plan, South Bend Comprehensive Plan (2006), Objective LU2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 2.Current Conditions and Character: The vast majority of the neighborhood was built prior to 1917. A mix of uses is appropriate in select locations including the corridors and new development should not detract from the character of the existing residential areas. 3.Most Desirable Use: The most desirable use, at this time, is to allow for small scale development as a retail or restaurant space with upper floor retail, which fits into the established character of the neighborhood. 4.Conservation of Property Values: The UF Urban Flex district was established to enhance and support a full range of housing types and small-scale commercial uses found outside neighborhood centers. The proposed rezoning will allow for the conservation of property values throughout the area by the development of amenities that serve the neighborhood. 5.Responsible Development and Growth: It is responsible development and growth to allow for small-scale commercial development that will not detract from the character of the existing residential areas. Special Exception The petitioner is seeking a Special Use to allow: Retail & Service and Restaurant A Special Use may only be granted upon making a written determination, 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; The proposed use should not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare as any proposed restaurant or retail space will meet all applicable building and fire safety codes. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use should not injure or adversely affect the use of the adjacent area or property values as the outward appearance of the structure would continue to be residential and the use would be limited in scale by the nature and size of the structure. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; While not immediately fronting Portage Avenue, the unique street configuration in this area makes it feel like it is part of the Portage Avenue frontage. The property would be developed in a mixed use format with a residential unit on the 2nd story of the existing structure, allowing for a Staff Report -PC#0187-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 5 of 5 more traditional neighborhood development pattern common in this area where a business owner could potentially live above their business. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with City Plan (2006), Objective LU2.2: Pursue a mix of land uses along major corridors. This property is less than 75' from and highly visible to the Portage Avenue corridor. As a mixed use building with residential above, it would also comply with Objective H2 which speaks of both renovating and repairing older homes and maintaining housing stock. Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to UF Urban Neighborhood Flex will allow for the continued use as a residential dwelling on the 2nd floor with a small scale retail and/or restaurant use on the first floor. Recommendation: Based on 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. The Staff recommends the Board send the Special Exception to the Common Council with a favorable recommendation. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report – PC#0188-24 February 19, 2024 Property Information Location: 1610 and 1612 HILDE CT Owner: THERESA LIGHTNER Requested Action Rezone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex Variance(s): 1) from the required 3 streetscape trees on Hilde Court to none 2) from the minimum parking setback of 5' behind the corner facade and 5' from the side lot line to 2' behind the corner facade on the west and 0' on the south 3) from the required type 1 parking area screening on the west and south to a 6' solid fence 4) from the 3' maximum height for a solid fence in the established corner yard to 6' Project Summary Rezoning from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex to legalize an existing parking lot. Location Map Recommendation Staff Recommendation: Based on 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. The Staff recommends the Plan Commission deny the variances as presented. Staff Report -PC#0188-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 2 of 5 Proposed Site Plan Staff Report -PC#0188-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 3 of 5 Land Uses and Zoning: On site: A parking lot zoned U1 Urban Neighborhood 1 North: A commercial building zoned UF Urban Neighborhood Flex East: A parking lot connected with a commercial property to the north and a vacant grass parcel zoned UF Urban Neighborhood Flex South: A residential unit zoned U1 Urban Neighborhood 1 West: Across Hilde Court, residential units zoned U1 Urban Neighborhood 1 District Intent: The UF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: The proposed site plan would keep the parking lot as is, including the wooden fence on the west and south edges of the lot. Zoning and Land Use History and Trends: A building can be found on 1610 Hilde Court as early as 1945, and a parking lot appears on 1612 Hilde Court by 1986. In 2008, the building on 1610 Hilde Court was demolished and replaced with a parking lot that linked to the southern parking lot. Traffic and Transportation Considerations: To the west of the parcel, Hilde Court is a street roughly 15' wide. Staff Comments: No additional comments at this time. 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: Encourage a compatible mix of land uses in the community. Land Use Plan: The Future Land Use Plan identifies this area for Mixed Use. Plan Implementation/Other Plans: There are no neighborhood specific plans for this area. 2.Current Conditions and Character: The site is located one parcel south of Lincoln Way East and one parcel west of Twyckenham Drive. This portion of Lincoln Way East is a mixture of residential structures and a wide variety of non-residential uses. Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0188-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 4 of 5 3.Most Desirable Use: The most desirable use is one that promotes mixed use development to strengthen the neighborhood. 4.Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. The rezoning would legalize the existing parking lot and bring it up to current City standards. 5.Responsible Development and Growth: It is responsible development and growth to legalize the existing parking lot and bring it up to City standards, allowing for commercial development on this parcel that supports the neighborhood. Variance(s) The petitioner is seeking the following variance(s): 1) from the required 3 streetscape trees on Hilde Court to none 2) from the minimum parking setback of 5' behind the corner facade and 5' from the side lot line to 2' behind the corner facade on the west and 0' on the south 3) from the required type 1 parking area screening on the west and south to a 6' solid fence 4) from the 3' maximum height for a solid fence in the established corner yard to 6' State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. The approval of the variances could be injurious to the general welfare of the community. Street trees reduce glare and heat build up on large expanses of pavement. Proper parking area screening and setbacks mitigate the potential impacts of legalizing the parking lot. Allowing a solid fence higher than 3' in a front or corner yard does not meet the intent of the Ordinance that frontages should appropriately address the street. (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. The use and value of adjacent properties could be impacted in an adverse manner by the approval of these variances. Street trees, screening standards, and fencing standards ensure appropriate buffering between more intense and less intense districts, lessen the environmental impacts of glare and heat buildup, and promote development that appropriately addresses the street. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. The strict application of the Zoning Ordinance would not result in practical difficulties. Appropriate buffering would allow space for a code compliant parking layout and street trees could be installed within this buffer. There are no practical difficulties in installing a compliant fence. (4) The variance granted is the minimum necessary. Variance #1 is not the minimum necessary. Street trees could be planted in the buffer area between the parking lot and Hilde Court. Variances #2 and #3 are not the minimum necessary. Appropriate buffering would still allow space for a code compliant parking layout. Variance #4 is not the minimum necessary, as there is no practical difficulty in installing a code compliant fence on the property. Staff Report -PC#0188-24 2/19/2024 SOUTH BEND PLAN COMMISSION Page 5 of 5 (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The southern portion of the parking lot has existed for almost 40 years and the northern portion was installed in 2008. If a rezoning were granted, these parking lots would lose their status as legal nonconforming and would need to be brought up City standards, including landscaping and fencing. Commitments: There are no commitments at this time. Analysis: Rezoning to UF Urban Neighborhood Flex will legalize the existing parking lot and link it to the business to the north, which currently owns the parcel. Under common ownership and the same zoning, the parcel can support accessory uses to the business, expanding the capacity of a neighborhood scale business to serve the surrounding area. While the rezoning legalizes parking lots that have existed for 40 years and 15 years respectively, the lots should be brought up to current City standards. Appropriate buffering, street trees, and fencing do not restrict the use of the parking lot and mitigate potential negative impacts of legalizing parking lots along a residential street. Recommendation: Based on 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. The Staff recommends the Plan Commission deny the variances as presented. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0192-24 February 19, 2024 Property Information Subdivision Name: FIVE CORNERS II - REPLAT Location: East side SR-23 between Corby Blvd and Campeau St Requested Action The total area of the subdivision is 2.8 acres and will consist of 2 building lots. Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report – PC#0192-24 February 19, 2024 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report – PC#0192-24 February 19, 2024 Proposed Plat SOUTH BEND PLAN COMMISSION Page 4 of 4 Staff Report – PC#0192-24 February 19, 2024 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: Drainage plan will be required upon development. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Recommendation Staff Comments: There are no additional comments at this time. Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval.