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HomeMy WebLinkAbout02-17-20 PC Agenda PacketCounty-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 Angela Smith Zoning Administrator Daniel Brewer Commission President AGENDA February 17, 2020 - 4:00 P.M. Fourth-Floor Council Chambers, County-City Building PUBLIC HEARING A.REZONINGS 1.Location: 1322 CHIMES BLVD and 2326 EDISON RD PC#0006-20 Petitioner: BRADLEY DAVIS and PUSHPAK PATEL Requested Action: Rezoning: From S1 Suburban Neighborhood 1 and C Commercial to C Commercial Variance(s): 1) To allow a drive-through in an established front yard; 2) From the required 10' bail out lane to none; and 3) From the required Type 3 buffer landscaping adjacent to property zoned S1 and UF to a 6' high vinyl screening fence B.MAJOR SUBDIVISIONS 1.Location: Northwest corner of St. Vincent Street and Hill Street PC#0002-20 Name: HILL STREET AND ST. VINCENT STREET MAJOR SUBDIVISION ITEMS NOT REQUIRING A PUBLIC HEARING A.MINOR SUBDIVISIONS 1.Location: Southwest corner of SR-23 and Eddy Street PC#0001-20 Name: FIVE CORNERS MINOR SUBDIVISION 2.Location: East Side of St. Peter Street south of Wayne Street PC#0003-20 Name: RIVER WALK ST. PETER TOWNHOME MINOR SUBDIVISION B.FINDINGS OF FACT – None for consideration C.MINUTES – January 21, 2020 D.UPDATES FROM STAFF E.ADJOURNMENT SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report – PC#0006-20 February 17, 2020 Property Information Location: 1322 CHIMES BLVD and 2326 EDISON RD Owner: BRADLEY DAVIS Requested Action Rezoning: From S1 Suburban Neighborhood 1 and C Commercial to C Commercial Variance(s): 1) To allow a drive-through in an established front yard; 2) From the required 10' bail out lane to none; and 3) From the required Type 3 buffer landscaping adjacent to property zoned S1 and UF to a 6' high vinyl screening fence. Project Summary 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 an unfavorable recommendation. The staff recommends the Commission approve variance #1, subject to setting the drive-through back a minimum of 25', approve variance items #2 and deny variance #3. To rezone property from C Commercial and S1 Suburban Neighborhood 1 to C Commercial to allow for a vehicular car wash. Staff Report - PC#0006-20 2/17/2020 SOUTH BEND PLAN COMMISSION Page 2 of 5 Proposed Site Plan Staff Report - PC#0006-20 2/17/2020 SOUTH BEND PLAN COMMISSION Page 3 of 5 Land Uses and Zoning: On site: On site is a single-family home. North: To the north is the vacant property included in this project zoned C Commercial. East: To the east is an office complex zoned UF Urban Neighborhood Flex and a single- family home zoned S1 Suburban Neighborhood 1. South: To the south are single-family homes zoned S1 Suburban Neighborhood 1. West: To the west is a single-family home zoned S1 Suburban Neighborhood 1. 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 shows the single-family home being demolished with a new 4,800 square feet drive through carwash facility located on both the parcel to the north and the parcel being rezoned. There are twenty-two (22) parking spaces for vacuum facilities to the west of the carwash. Zoning and Land Use History and Trends: The site has been zoned single-family residential since the original platting of the Edison Park neighborhood in the early 1950s. Traffic and Transportation Considerations: Edison road is four lanes with no on-street parking. Chimes is two lanes with on-street parking. Agency Comments: Engineering had no comments. Staff Comments: Edison park is an established, stable neighborhood. While limited commercial use is allowed on the portion of the already zoned C Commercial, expansion of that use in to the neighborhood would be detrimental and may start to destabilize this section of Chimes. The other nonresidential uses not located directly on the corner of Chimes and Edison have retained the residential structure and character. With increasing pressure on adequate housing supply and the loss of tax revenues generated by the removal of the two existing homes, the impact of the rezoning request is far greater than the benefits that would be generated from the car wash being installed. If the project was contained to the existing C Commercial parcel, the development could have a positive impact on the community while preserving the value of the single-family homes. While the site has practical difficulties of being a double frontage lot, every effort should be made to preserve the residential character and setbacks established along Chimes. In order to do this, the staff recommends that if the variance for a drive-through in an established front yard is granted, it should be subject to the drive-through maintaining a 25' setback. Site & Context Agency Comments Staff Report - PC#0006-20 2/17/2020 SOUTH BEND PLAN COMMISSION Page 4 of 5 Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: The petition is not consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H2: Maintain South Bend's housing stock in good condition, specifically policy H2.5 Pursue alternatives to the demolition of structurally sound housing. Land Use Plan: The Future Land Use Plan identifies this area for residential uses. Plan Implementation/Other Plans: There are no area specific plans for this area. 2.Current Conditions and Character: The petition is not consistent with the current conditions and character of the single-family neighborhood primarily built in the 1950s. 3.Most Desirable Use: The most desirable use, at this time, is something that will support the existing residential neighborhood. 4.Conservation of Property Values: Expanding Commercial uses further into the neighborhood will devalue the surrounding residential parcels. Removing existing single-family homes and allowing the commercial to further encroach in to the neighborhood will devalue the existing home values. 5.Responsible Development and Growth: It is not responsible development and growth to allow commercial uses to encroach into a stable neighborhood. Variance(s) The petitioner is seeking the following variance(s): 1) To allow a drive-through in an established front yard 2) From the required 10' bail out lane to none 3) From the required Type 3 buffer landscaping adjacent to property zoned S1 and UF to a 6' high vinyl screening fence 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. Provided there is proper screening and setbacks applied, allowing the drive-through in the established front yard allows for safer traffic patterns by which vehicles entering and exiting the property will not have to cross paths. (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 proposed development may have a significant impact on the adjacent properties. In order to mitigate this impact, the full type 3 buffering should be required along the properties zoned S1, as well as an increased setback along Chimes for the proposed use to help preserve the residential character as much as possible. Criteria for Decision Making Rezoning Staff Report - PC#0006-20 2/17/2020 SOUTH BEND PLAN COMMISSION Page 5 of 5 (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Due to the lot having double frontage, strict application of the ordinance would result in practical difficulties of constructing a drive-through on the site. (4) The variance granted is the minimum necessary. A smaller car wash or different site layout may allow for development of the site with fewer variances. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The lot shape and size was created due to the angled direction of Chimes, this resulted in property that has double frontage on both Edison and Chimes. Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to C Commercial will encourage further commercial encroachment into a stable residential neighborhood. Removing the two existing single-family homes and allowing the commercial use to occupy these lots will weaken the character and stability of the neighborhood and devalue surrounding properties. Recommendation: Based on information available prior to the public hearing, the staff recommends the rezoning petition be sent to the Common Council with an unfavorable recommendation. The staff recommends the Commission approve variance #1, subject to setting the drive-through back a minimum of 25', approve variance items #2 and deny variance #3. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 2 Staff Report – PC#0002-20 February 17, 2020 Property Information Subdivision Name: HILL STREET AND ST. VINCENT STREET MAJOR SUBDIVISION Location: Northwest corner of St. Vincent Street and Hill Street, City of South Bend. Requested Action The total area of the subdivision is .30 acres and will consist of 3 building lots. Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds that if the conditions are met it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval, subject to the following: 1) Water extension agreement being executed; 2) Public water main extended per City standards; 3) Adding a 5' non-access easement for the portion of the west and south property lines excepting locations for driveways as approved by engineering. SOUTH BEND PLAN COMMISSION Page 2 of 2 Staff Report – PC#0002-20 February 17, 2020 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: A drainage plan has been waved. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by and . Agency Comments: Lot 1 should access Hill St. as far north as possible, Lot 2 should access as far east as possible on St. Vincent, Lot 3 should access the alley. The water main should connect at Hill St. and extend at a minimum beyond Lot 3, but is recommended to connect/loop to the existing water main at St. Louis Blvd. for water quality purposes. Water Extension Agreement is required. Recommendation Staff Comments: There are no additional staff comments at this time. Staff Recommendation: The Staff has reviewed this subdivision and finds that if the conditions are met it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval, subject to the following: 1) Water extension agreement being executed; 2) Public water main extended per City standards; 3) Adding a 5' non-access easement for the portion of the west and south property lines excepting locations for driveways as approved by engineering. SOUTH BEND PLAN COMMISSION Page 1 of 2 Staff Report – PC#0001-20 February 17, 2020 Property Information Subdivision Name: Five Corners Minor Subdivision Location: Southwest corner of State Road 23 and Howard Street Requested Action The total area of the subdivision is 1.26 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 Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval. SOUTH BEND PLAN COMMISSION Page 2 of 2 Staff Report – PC#0001-20 February 17, 2020 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: There is no drainage plan required until the time of site 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: Define utility easements as municipal water and sewer easements. Overlay PLAT over existing utilities to determine the appropriate easements are provided. Approve subject to confirmation utilities are contained in proposed easements. Recommendation Staff Comments: There are no additional staff comments at this time. Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval. SOUTH BEND PLAN COMMISSION Page 1 of 2 Staff Report – PC#0003-20 February 17, 2020 Property Information Subdivision Name: River Walk St. Peter Townhome Minor Subdivision Location: East side of St. Peter Street south of Wayne Street Requested Action The total area of the subdivision is .82 acres and will consist of 14 building lots. Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds that if the conditions are met it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval, subject to the following: 1) Execution of a water and sewer extension agreement SOUTH BEND PLAN COMMISSION Page 2 of 2 Staff Report – PC#0003-20 February 17, 2020 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: A drainage plan was approved at the time of site development. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by and . Agency Comments: Municipal water and sewer easement needed with a water and sewer extension agreement. Recommendation Staff Comments: There are no additional comments at this time. Staff Recommendation: The Staff has reviewed this subdivision and finds that if the conditions are met it complies with the requirements for Primary Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Primary Approval, subject to the following: 1) Execution of a water and sewer extension agreement