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Home My WebLink About02-24 711 Leland Ave PC#0187-24 Rezoning (Substitute) A 40 PLAN c�� County-City Building ��,c City of South Bend 227 W.Jefferson Blvd. 1400S ° South Bend, IN 46601 PLAN COMMISSION (574)235-7627 w outfikiendin:govizoni.n. Es>gBt,sHo/019 Filed in Clerk's Office December 19, 2023 rJA >O2 Z024 DA�e N M BANES . Honorable Committee Chair Hamann CITY CLERK,SOUTH BEND,IN 4th Floor, County-City Building ggi,CA.,--r(ya j South Bend, IN 46601 RE: 711 Leland Avenue— PC#0187-24 Dear Committee Chair Hamann: 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 January 8, 2024,Council meeting, and set it for public hearing at your January 22, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, 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: Rezone property from U2 Urban Neighborhood 2 to OF Urban Flex If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President Filed in Clerk's Office BILL NO. 02-24 [ 4N274 ORDINANCE NO. ~� CITY CLE ,SOUTH B ND iH AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BE , INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 711 LELAND AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from U2 Urban Neighborhood 2 to UF Urban Flex 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 NUMBERED SIX (6) AS SHOWN ON THE RECORDED PLAT OF ST. JOSEPH COUNTY AGRICULTURAL SOCIETY'S ADDITION TO THE CITY OF SOUTH BEND, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 1 be and the same is hereby established as UF Urban Flex 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: Bianca L. Tirado, 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 , 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number:018-1057-2416 Address:711 Leland Owner: Caspers-Shutts Family Trust Legal Description: LOT NUMBERED SIX(6)AS SHOWN ON THE RECORDED PLAT OF ST. JOSEPH COUNTY AGRICULTURAL SOCIETY'S ADDITION TOTHE CITY OF SOUTH BEND,AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 1. Project Summary The propose rezoning would allow for a non-residential 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 an secondary structure at the rear of the property in compliance with the Ordinance. Requested Action Application includes (check all that apply) ✓❑ Rezoning Current District: U2 Urban Neighborhood 2 Additional Districts, if applicable Proposed District.OF Urban Flex 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: Retail & Service and Restaurant ❑ 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 ❑ Filing Fee ❑ Additional documents as noted above Criteria for Decision Making Special Exception -if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed restaurant or retail space will meet all applicable building and fire safety codes. Therefore, it should not be detrimental to the public health, safety, or general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: This home is located in a historic district, which protects the appearance and form of the structure. Allowing for a use that would compliment the neighborhood - like a small restaurant or retail place - should not adversely impact the use or value of the adjacent property. The outward appearance of the structure would 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, because: While not immediately fronting Portage Road, the unique street configuration in this area makes it feel like it is part of the Portage Road frontage. Across Leland Ave is the successful No. 6 Restaurant. The proposed use would compliment the No.6 Restaurant use and provide needed services to the neighborhood. 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 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, because: The proposed use is consistent with City Plan (2006), Objective LU2: Encourage a compatible mix of land uses in the community. More specifically, LU2.2 Pursue a mix of land uses along major corridors. This property is less than 75'from and highly visible to the Portage Road corridor. The only property between this and Portage Road is a small piece of a triangular lot occupied by a restaurant. 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. Contact information Property owner(s) of the petition site: Name: Casper-Shutts Family Trust Address: 1211 Campeau St South Bend, IN 46617 Name: Address: Name: Address: Contact Person: Name: Danch, Harner&Associates -Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574 234 4003 asmith@danchharner.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: (..... .......\\ 159.65'(M) 2 cc .----, 5 b O acscs" so' m aoin :0`'3' aE °' (24 159.72' i W , I i iCC O Q 33 14.0', . b �ONCf3EfEj ao /�/��/ oo O CD ,' 'N 2 STORY/ �~J, o csD CO ; '��46.1 /m EL CONC.•WALK1 . O 159.83' i. e Lo ' 1 o °j Q z3 Q O h Qi O) cn c) n .„ 4`.n 1E�5 s_ ;LcuL Heel N a 3 160.30'(R) v o 0 V,■■r^)I h 1 h 0 0' 20 40 n h =MI j Mitch, Hamer aAloactate , 1i Land Surveyors Professional Engineers 1 Landscape Architects• Land Planners ` Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 \\` 1643 Commerce Drive • South Bend, IN 46628 .021 0 Copyright 2023 Dcnch, Homer &Associates, Inc. v0PLANco ��0� �� County-City Building C i ty of South Bend 227 W.Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION (574) 235 7627 www.southbendin.gov/zoning FSTA8LI5HE0107� Filed in Clerk's Offi February 20,2024 FEB 2 0 2024 South Bend Common Council 227 W.Jefferson Blvd.,4th Floor Bianca Tirado City Clerk, South Bend INce South Bend,IN 46601 Re:Bill#02-24-A proposed ordinance of CASPERS-SHUTTS FAMILY TRUST to zone from U2 Urban Neighborhood 2 to UF Urban Neighborhood Flex and seeking a Special Exception Use to allow Retail& Service and Restaurant,property located at 711 LELAND AVE,City of South Bend-PC#0187-24 Dear Council Members: I hereby Certify that the above referenced ordinance of CASPERS-SHUTTS FAMILY TRUST was legally advertised on February 9,2024,and that the South Bend Plan Commission at its public hearing on February 19,2024,took the following action: Upon a motion by Dr. Oliver Davis,being seconded by Rebecca Ward and unanimously carried,a proposed ordinance of CASPERS-SHUTTS FAMILY TRUST to zone from U2 Urban Neighborhood 2 to UF Urban Neighborhood Flex,property located at 711 LELAND AVE,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. Upon a motion by Dr. Oliver Davis,being seconded by Caitlin Stevens and unanimously carried,a Special Use for Retail& Service and Restaurant property located at 711 LELAND AVE,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, Kari Myers Zoning Specialist Attachment CC: CASPERS-SHUTTS FAMILY TRUST Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Staff Report— PC#0187-24 January 16, 2024 Property Information Location: 711 LELAND AVE Owner: CASPERS-SHUTTS FAMILY TRUST Requested Action Rezone from U2 Urban Neighborhood 2 to OF 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 QM so() f b '*96� u Ui yLF , MOO , Q r.1 0,. - z a3 ' y ' f ., .. 1. , .. ... 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. SOUTH BEND PLAN COMMISSION Page 1 of 5 5 4o Z a6ed NOISSIWWO3 NVld ON88 HIf OS moo to'owe wns • . a 1.rww03 f191 letN-scz(/[S)=/o! • toot-P6s(ooF) /foot-ta(,;) •-.uo 3( .... purr, •s;oo;yoty odoospu0ri s.r0s4U3 IDuoissoloJd • QJokinUns putty 'MI!' 1' / .< oc aZ .0 1 4 1 v I (11),0C'09 I g v o •r k' 1 , .£9'69l o 13 1. 01 ••••••••••. '''...' .4:-7 r, i: r- O• /r.i r w . r i L'64 t I -< I ;:i mores' 4 K ueld aps pasodoad 17Z0Z/9I l vz-L81.0#Dd-iodaN}leis Staff Report-PC#0187-24 1/16/2024 Site & Context 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 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. 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'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: SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0187-24 1/16/2024 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 OF 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 SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0187-24 1/16/2024 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. Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to OF 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. SOUTH BEND PLAN COMMISSION Page 5 of 5 4;1 �PIAN C� County-City Building City of South Bend 227 W.Jefferson Blvd. 1400S ° South Bend,IN 46601 PLAN COMMISSION (574)235-7627 www.southbendin.gov/zoning FSrAausHED isco March 1, 2024 Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Bill #02-24- SUBSTITUTE Ordinance 711 Leland Avenue Dear Committee Chair Davis: Attached please find a Substitute Ordinance for Bill #02-24. The Special Exception request for Retail & Service and Restaurant use was inadvertently omitted from the original ordinance submitted. The Plan Commission, at their February 19, 2024, meeting, considered the petition to rezone the property as well as the Special Exception use and forwarded a favorable recommendation to the Council for each request. Please set it for public hearing at your March 11, 2024, Council meeting. If you have any questions, please feel free to contact this office. Sincerely, Filed in Clerk's Office MAR 0 1 2024 Kari Myers BiaCity Clerknca Tirado South Bend, IN Zoning Specialist cc: Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President SUBSTITUTE BILL NO.02-24 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 711 LELAND AVENUE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from U2 Urban Neighborhood 2 to UF Urban Flex and seeking a Special Exception Use for Retail&Service and Restaurant 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 NUMBERED SIX(6)AS SHOWN ON THE RECORDED PLAT OF ST.JOSEPH COUNTY AGRICULTURAL SOCIETY'S ADDITION TO THE CITY OF SOUTH BEND,AS PER PLAT THEREOF,RECORDED IN PLAT BOOK 3,PAGE 1 be and the same is hereby established as UF Urban Flex SECTION II.That a Special Exception Use for Retail&Service and Restaurant is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions,if any,by the Advisory Plan Commission. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds 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 adjacent area of 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 City of South Bend Comprehensive Plan; SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7)Commitments,if applicable. SECTION V.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: Bianca Tirado,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 ,2024, at o'clock .m. Bianca Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of ,2024,at o'clock .m. James Mueller,Mayor City of South Bend,Indiana -2-