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Home My WebLink About9756-07 Rezoning 1914 Miami - District 3ORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana June 11, Attest: 20 07 Attest: Ciry Clerk President of Common Council Presented by me to the Mayor of the City of Soutlt Bend, Indiana June 12, 07 20 _ Ciry Clerk Approved and signed by me ~ u n e 13 , 20 0~ ORDINANCE NO. l 7~~°~~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1914 MIAMI STREET, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This property is currently zoned MU Mixed Use District. We are seeking GB General Business District for the purpose of Automotive Sales. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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 151 Lot 152 Lot 153 Southeast Addition to the City of South Bend, Indiana be and the same is hereby established as GB General Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication; and shall be subject to written commitments approved by the Area Plan-Commission addressing the following: 1. There shall be no more than ten (10) cars displayed for sale at any one (1) time; and, 2. Fuel sales shall be limited to four (4) pumps. Member of the Co mon Council Atte . ity Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~2~~. day of ~ u, ~ , 2~_, at I Z'~ `(S o'clock ~_. m. City Clerk Approved and signed by me on the /z ~ day of ~-~--- , 2~, at S o'clock . m. ~ ~ ~~~~A Mayor, City u h Bend, Indiana 1st READING Z 'I Z'v ~ PUBLIC HEARING U ~ll~~ -r~.~-b~'`~~ `~ '~''II""~~-~~ 3 rd READING (p-«-t)1 S u~r~,~,~k..~'~. as +9'N^•^--t~ NOT APPROVED REFERRED ,4~iP- L-~z.-off PASSED (o -1. \-v 7 S ~ L s~-~ ~`' '~ a .i ,g-r+^~^-cR a-d Filed In Cierk'S Office JUN 1 1 2007 JONN VQORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 10-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1914 MIAMI STREET, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted and amended by the following: Section II. This ordinance shat! be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication; and shall be subject to written commitments approved by the Area Plan Commission addressing the following: 1. There shall be no more than ten (1) cars displayed for sale at any one (1) time; and 2. Fuel sales shall be limited to four (4) pumps. Ann Puzzello Acting Chairperson 6/11/07 The petitioner, Mil Robles, LLC hereby respectfully requests .that the proposed rezoning of 1914 Miami Street be amended as follows: There shall be no more than 10 cars displayed for sale at any one time. Fuel sales shall be limited to 4 pumps. Respectfully submitted, Cesar Garcia Managing Member Mil Robles, LLC Fit d Ct~rk's 4f#ice JUN 1 1 2001 ~owla vaoR~E CITY CLEIi :, ~D• P~t~D, ltd Date Filed Application N Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1914 MIAMI ST SOUTH BEND, INDIANA 46613 2) Name and address of property owner(s) of the petition site: MIL ROBLES LLC 2410 N. GRAPE ROAD MISHAWAKA, INDIANA 46545 574-284-2610 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from MU MIXED USE DISTRICT to GB GENERAL BUSINESS DISTRICT 5) This rezoning is requested to allow the following use(s): AUTOMOBILE SALES 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition properly; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. ~jw CESAR GARCIA Signature(s) of All Property owner(s) or Attorney for all property Owner(s) PETITION PREPARED BY: Mil Robles LLC 2410 N. Grape Rd Mishawaka, Indiana 46545 574-284-2610 FEB " 6 2001 JOHN VOORDE CITY CLERK, `__ 0_ F~ ND, ~N' Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 March 21, 2007 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Mil Robles LLC to zone from MU Mixed Use District to GB General Business District, property located at 1914 Miami Street, City of South Bend - APC# 2419-07 Dear Council Members: I hereby Certify that the above referenced ordinance of Mil Robles LLC was legally advertised on Thursday, March 8, 2007 and that the Area Plan Commission at its public hearing on Tuesday, March 20, 2007 took the following action: Upon a motion by Richard Warner, being seconded by Carl Littrell and unanimously carried, the proposed ordinance and site development plan of Mil Robles LLC to zone from MU Mixed Use District to GB General Business District, property located at 1914 Miami Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. The rezoning conflicts with the Miami Street Commercial Corridor Revitalization Action Plan (2000), which recommends small- scale, pedestrian-oriented neighborhood businesses along Miami Street. The City Plan Future Land Use Map recommends this area for mixed use. Rezoning this property to GB General Business District to allow more intense commercial uses would not be consistent with the surrounding zoning or land uses. Amore appropriate location for GB General Business Districts is along major commercial corridors and thoroughfares. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, J~<~J _- ` ~~~. B ornt Y JWB:sr Attachment Mil Robles LLC Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2419-07 Owner: Mil Robles LLC Location: 1914 Miami Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to GB General Business District to allow automobile sales and gasoline service station without repair. Land Uses and Zoning: On site: The site is currently a vacant gasoline station zoned MU Mixed Use District. North: To the north are an office and house zoned MU Mixed Use District. East: To the east are single family homes zoned SF2 Singe Family and Two Family District. South: To the south across Bowman Street is a church zoned MU Mixed Use District. West: To the west across Miami Street are businesses zoned MU Mixed Use District. District uses and development standards: The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are oftet. brightly lighted and noisy. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site plan description: The site is approximately 0.352 acres. There is an existing 1,436 square feet building which covers 11% of the site. Pavement covers 72% of the site. The remaining 17% of the site is open space. The site has two access points: one from Bowman Street and one from Miami Street. Type C landscaping is required along the eastern property line. Type C landscaping is four evergreen trees every 30 feet in a double staggered row. Traffic and transportation considerations: Miami Street and Bowman Street both have two lanes. Utilities: The site will be served by existing city sewer and water. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Land Use Policy LU 1.1: Pursue the development of area-specific plans with broad community involvement. The rezoning conflicts with the City Plan Land Use policy. (See Plan Implementation other plans below) Mil Robles LLC #2419-07 Page 1 of 3 Plan Implementation/Other Plans: Miami Street Commercial Corridor Revitalization Action Plan (2000) The corridor plan calls for the area to be a neighborhood center of convenience shopping and unique businesses with an area of improved physical appearance. The rezoning conflicts with the Miami Street Commercial Corridor Revitalization Action Plan 2. Current conditions and character: The site contains a vacant building and gas pumps with a canopy. 3. Most desirable use: The most desirable uses for the site would be mixed use or low intensity commercial. 4. Conservation of property values: The surrounding mixed use property values may be conserved with the rezoning. The surrounding single family property values may not be conserved. 5. Responsible development and growth: It is not responsible development and growth to allow intensive commercial uses within areas comprised of low intense uses. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a unfavorable recommendation. Analysis: The rezoning conflicts with the Miami Street Commercial Corridor Revitalization Action Plan (2000), which recommends small-scale, pedestrian-oriented neighborhood businesses along Miami Street. The City Plan Future Land Use Map recommends this area for mixed use. Rezoning this property to GB General Business District to allow more intense commercial uses would not be consistent with the surrounding zoning or land uses. Amore appropriate location for GB General Business Districts is along major commercial corridors and thoroughfares. Mil Robles LLC #2419-07 Page 2 of 3 _ ~ ~, I ~ ~f ~ ~ Mii l ~ ~ ~ ~~a { ~ ~ . 2 Mu ~ ~ _ -~ ~ i Randolph ~= i ~ __ _ ~ --- 'fi-l tt`~ r°: MU Milton ~ -,- ~~- Milton ~ _ I a f ~ ~ ' w ' 1~-f ~ ~ ~ u3 ( E i J ~ ' i ~ ~ ~i _ E ~'I Calvert ~~~ t ~~_ rm_i MU ~ ~F`, i ~ ~~F ~__ f '.,"~' d T ~ ~ ,~" __i ( Ic ~ C I ~ ~ i- ~ •- 11 - la i , ~ ~~ Boa~aman m -~,-.- ~ _ :~. 1 p m~ nau i Fyi ~ ~ i ( r .~ i i I. ~a S _ - 1 MU ~ I Donald Donald .f~~ ~~2 F A4U i ~- ~ .F ~, t~U Fox ~-~~ 4U 1 1 "~~ I ''(` l 1 Rezoning from: "MU" MDCED USE to "GB"GENERAL BUSINESS Zoning Key SOUTH BEND- "SF7' SINGLE FA,PAILY &TV~JO FAMILY SOUTH BEND- "MF1" URBAN CORRIDOR MULTIFAAdILY SOUTH BEN6'MU' 0.41XED USE SOUTH BENC~'LB" LOCALBUSINESS N W E s 1 inch equals 20D feet APC # 2419-0 ~ Mil Robles LLC #2419-07 Page 3 of 3 ° PRELIMINARY S TE PLA~1 ALLEY 14' d ~ ~' ~ P~ ~ G ~ ° ~~\ QP~ 65.4' w \ J Y 0 z ~ 1~LP - m L r- d M ~ . W W ° Y • •° CANOPY `~• ~ a ~ ~, ~ ~ w U Z . o Q. U ~ _ z w a P~~ ~ ~ ~G ~G~ a LP . ~ ° a~ z .d n~ ~ + P & STREET SI~I •INLET m 153 120' 10'LSIDEYAf~ SETBACK I "? I N ~: • - -.•-. 29.5' x-1.5' N X1.5' B,7' ~ ~~- EXISTING 'v 30 BUILDING '~ R SIDENT{P 1436.5 S.F. ~ 5.0' Y 1,3' ~~ m N N 1 2 M ~ M ~ N GV ~ °~ 33.4' rt - T. ~ Q ~ Q ~ _~30' BUILDNG SETBACK LINE GPG - ~' `~ a Q ~ ~ 151 I I ~~ 120'1 I # .EXISTING CONCRETE SIDEWALK BOWMAN STREET 60' R/W DESCRIPTION LOTS 151, 152 AND 153, SOUTHEAST ADDITION TO THE CITY OF SOUTH BEND, INDIANA TABULATED DATA uP 1. Gross acreage or square footage of site: 0.352 acres/15,339.12 s.f. 2. Proposed land use: Used car lot 3. Parking ratios as required by ordinance and number of spaces to be provided; a. Required: One (1) parking space per three-hundres (300) square feet of sales floor area in excess of one-thousand square feet plus one (1) parking space per two-thousand (2000) square feet of open area Sales Area = 573 s.f. = 0 space 11,034 sf , 5.5 spaces 2000 sf b. Provided: 6 spaces OFFER 4. Proposed land coverage (% of total lot area and square footage): r- USE AREA %OF TOTAL AREA a. Building 1,437sf 11% b. Parking and drives 11,034 sf 72% c. Open space 2,869 sf 17% ~ d. Total 15,340 sf 100% J Q 5. Floor area of building by use: USE AREA % OF TOTAL FLOOR AREA a. Office 573 SF 40% B. Auto Prep Areo 864 sf 60% c. Total 1,437 sf 100% 6. Building height: 15.6' feet Canopy height: 17.9' 7. Landscaping and parking lot screening to be installed as per landscape regulations: Article 8.08.01 of the St. Joseph County Zoning Ordinance. LEGEND LPG LIGHT POLE ecv GAS VALVE cF GAS FEED ~M ELECTRIC METER oT OVERHEAD TELEPHONE of OVERHEAD ELECTRIC