HomeMy WebLinkAboutZoning - Special Exception 3801 W Western AveORDINANCE No. 10242-1=
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
July 22, 20 13
y,
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
July 23, 20 13
City Clerk
President of Common Council
Approved and signed by me
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20 13
City Clerk
Mayor
ORDINANCE NO. 0 Z1 L-qJ
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 3801 W WESTERN
AVENUE, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Currently the property is zoned MU - Mixed Use District and it will be changed to CB -
Community Business District for the special exception for Automobile Sales & Service.
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 1030 & E Y Vac Alley & S Y Vac Alley LaSalle Park
be and the same is hereby established as CB - Community Business District.
SECTION II. That a Special Exception for Automobile Sales & Service in a CB -
Community Business District zoning district is hereby granted subject to a site
development plan hereby attached and made a part of the Ordinance and which site
plan contains and lists all condition, if any, of approval.
SECTION III. This rezoning and special exception shall be subject to written
commitments executed by the petitioner on April 19, 2013 and an amended site plan
filed on July 22, 2013 both of which are in the Office of the City Clerk.
SECTION IV. 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.
Member of the Common Council
Attest:
lz�- Lt-4,-A 10 rA�
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
1� _day of �u , 2 0 L 3 , at L`:`l j o'clock . m.
City Wrk
Approved and signed by me on the 2-4 day of TEL y , 2013
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at 5 = 00 o'clock __. m.
Mayor, City of -South I, Indiana
S e READING 7—t L _13
PUBLIC HEARING 13
i5 rd READING
NOT APPROVED
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PASSED -.y - (j 6L
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JOHN 'VOORDE
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MARK, SOUTH BED:;. a:
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
11 -13 A BILL AMENDING THE ZONING ORDINANCE AND
REQUESTING A SPECIAL EXCEPTION FOR PROPERTY
LOCATED AT 3801 WESTERN AVENUE, COUNCILMANIC
DISTRICT 2 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 no recommendation due to
a lack of a quorum.
This bill was heard by the Zoning & Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
11 -13 A BILL AMENDING THE ZONING ORDINANCE AND
REQUESTING A SPECIAL EXCEPTION FOR PROPERTY
LOCATED AT 3801 WESTERN AVENUE, COUNCILMANIC
DISTRICT 21N 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 with the following amendment.
Section III This rezoning and special exception shall be subject to written
commitments executed by the petitioner on April 19, 2013 and an amended site
plan filed on July 22, 2013 both of which are in the Office of the City Clerk.
Section IV this ordinance shall be in full force and effect form and after its
passage by the Common Council, approval by the Mayor, and legal publication.
This bill was heard by the Zoning and Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION FOR COMBINED HEARING
City of South Bend, Indian a
I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a
Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s):
1) The subject property is located at:
3801 W Western Avenue South Bend IN 46619
2) The property Tax Key Number(s) is /are:
018- 4069 -2564
3) Name and address of property owner(s) of the petition site:
Jose Luis Consuelo
3817 W Western Ave
South Bend IN 46619
4) Name and address of contingent purchaser(s), if applicable:
None
5) It is desired and requested that this property be rezoned:
From: MU Mixed Use District
To: CB Community Business District
6) This rezoning is requested to allow the following use(s):
Automobile Sales & Service
7) If, applicable, a detailed description and the purpose of the variance(s) being requested:
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community:
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially
adverse manner; and:
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property:
9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted.
10) If applicable, a detailed description and purpose of the Special Exception(s) being requested:
Rezoning the property from MU Mixed Use Business to CB Community Business District — Automobile Sales &
Service will enable me to expand the land space available for my car lot located directly to the west at 3817 W Western
Avenue.
11) A statement on how each of the following standards for the granting of a Special Exception is met:
(a) The proposed CB Community Business District — Automobile Sales & Service will not be injurious to the public
health, safety, comfort, community moral standards, convenience or general welfare because it will allow the business
to expand the space that it has to park the vehicles that are for sale enabling the lot at 3817 W Western Avenue to
contain the overflow of customer parking from the side street.
(b) The proposed CB Community Business District — Automobile Sales & Service will not injure or adversely affect
the use of the adjacent area or property values therein because the look and use of the property will be revitalized.
Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place.
(c) The proposed CB Community Business District — Automobile Sales & Service will be consistent with the character
of the district in which it is located and the land uses authorized therein; and provide an already successful business to
expand.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.
12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan.
13) Applications for subdivisions shall be obtained from the office of the Area Plan Commission.
14) Attached, and made a part of this PETITION, is:
(a) a copy of a legal description of the property
(b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of
the petition property;
(c) 17 site plans; and
(d) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
PETITION PREPARED BY: Signa r s) of AAl PAoperty owner(s) or signature of Attorney for all
Jose Luis Consuelo
3817 W Western Ave
South Bend, IN 46619
(574)386 -5583
CONTACT PERSON: (if different)
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JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W,)EFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 -9571
April 17, 2013
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of Jose Luis Consuelo to zone from MU Mixed Use
District to CB Community Business District; and seeking a Special Exception Use for automobile sales and
service, property located at 3801 W. Western Avenue, City of South Bend - APC# 2668 -13
Dear Council Members:
I hereby Certify that the above referenced ordinance of Jose Luis Consuelo was legally advertised on Thursday,
April 04, 2013 and that the Area Plan Commission at its public hearing on Tuesday, April 16, 2013 took the
following action:
Upon a motion by Oliver Davis, being seconded by Michael Mecham and carried, the Special Exception Use for
automobile sales and service was sent to the Common Council with a favorable recommendation subject to a Written
Commitment that Jose Luis Consuelo agrees that this Special Exception Use for automobile sales and service for the
property located at 3801 W. Western Avenue, South Bend, Indiana is valid only so long as Jose Luis Consuelo owns and
operates the automobile sales and service facility. At such time as Jose Luis Consuelo no longer owns and operates the
automobile sales and service facility, the new owner would have to re -file for a Special Exception Use in order to operate
an automobile sales and service facility. The site plan and the requested variances, as amended, will help to ensure that
the redevelopment of this site sustains a successful business and protects the adjacent residential neighborhood.
Upon a motion by John McNamara, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of
Jose Luis Consuelo to zone from MU Mixed Use District to CB Community Business District, property located at 3801
W. Western Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation. Western
Avenue is a heavily traveled east/west commercial corridor, providing business opportunities for new and
established businesses. The appropriate expansion of this business will relieve Chicago Street from being used as a
parking area, and add much needed buffering between the business and the neighborhood.
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,
�•
ohn W. Byorni
Attachment
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CC Jose Luis Consuelo !2
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SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
roves . stiosephcountyindiana .com /Areaplan
Staff Report 4/3/2013
APC #
2668 -13
Owner:
Jose Luis Consuelo
Location:
3801 W. Western Avenue
Jurisdiction:
City of South Bend
Public Hearing Date: 4/16/2013
Requested Action:
The petitioner is requesting a zone change from MU Mixed Use District to CB Community
Business District; a Special Exception Use for automobile sales and service; and six variances
from the development standards.
Land Uses and Zoning:
On site: The site is vacant. The building was recently demolished.
North: To the north is a large vacant lot zoned SF2 Single Family and Two Family
District.
East: To the east, across Illino is Street, is a towing business caned GB General
Business District.
South: To the south, across Western Avenue, is a liquor store and associated parking
lot zoned LB Local Business District.
West: To the west is the owner's existing automobile sales and service business
zoned CB Community Business District.
District Uses and Development Standards:
The CB Community Business District is established to provide a location for high volume and
high intensity commercial uses. Activities in this district are often large space users which may
include limited amounts of outdoor sales or outdoor operations. Developments within the
CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby
residential districts.
Site Plan Description:
The site to be rezoned is approximately 17,000 square feet. The site will be used for storage
of cars to be repaired or cars displayed for sale. There is a 475 square foot proposed
raised flowerbed on the east along Illino is Street that covers 3% of the site. The rest will be
paved. A 7' high chain link fence is proposed on the north, east and south. Access will be
from Western and through the existing sales lot to the west.
Zoning and Land Use History And Trends:
The existing business to the west, which is part of the petitioner's operation, received a
special exception in 2005 for automobile sales and service, with a front setback variance
approved for five feet.
Traffic and Transportation Considerations:
Western Avenue is a four lane street.
Utilities:
The use of this site will not require the extension of public utilities.
Agency Comments:
The City Engineer needs to review the building permit site plan for access and drainage. The
Department of Community Investment has reserved comment until more information is
received.
APC # 2668 -13 Page 1 of 3
Staff. Report
4/3/2013
Commitments:
No commitments are proposed.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
Objective LU 1: Plan for the future of the community's districts, neighborhoods, and
corridors.,
Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations
identified 'on the Future Land Use Map.
Land Use Plan:
The future land use map identifies this area along Western as commercial.
Plan Implementation/Other Plans:
Western Avenue Commercial Corridor Revitalization Action Plan (June 1999): The Market
Development objectives include attracting developers, merchants, and small business owners,
and encouraging new development.
A Vision Plan for the Commercial Corridor of The Western Avenue of South Bend, Indiana
(February 2003): Items in the Mission Statement include improving the business climate and
improving the appearance of property and infrastructure on Western.
2. Current Conditions and Character:
Western Avenue is a traditional commercial corridor, with a niK of businesses serving the
adjacent neighborhoods.
3. Most Desirable Use:
The most desirable use along this commercial corridor is a commercial use.
4. Conservation of Property Values:
The expansion of the existing business, when properly buffered, should have a minimal effect
on surrounding property values.
5. Responsible Development And Growth:
It is responsible development and growth to allow for a variety of adaptive reuses along a
well- established commercial corridor.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, a special exception
use and a number of variances from the development standards. The Commission will
forward the rezoning and the Special Exception Use to the Council with or without a
recommendation, and either approve or deny the variances.
The rezoning is from MU Mixed Use District to CB Community Business District.
The Special Exception Use is for automobile sales and service.
The petitioner is requesting the following variances:
1. From a maximum 4' fence to 7' in the front yards (south and east);
2. From the required Type B landscaping on the north to a 7' high chain link fence with
corrugated metal;
3. From the required 15' parking setback to 5' on the south and east;
4. From the required 20' rear residential bufferyard to 7';
APC # 2668 -13 Page 2 of 3
Staff Report 4/3/2013
5. From the required Type A landscaping to green space as shown on the site plan on the
east and none on the south;
6. To allow a 7' high fence in the 10' clear site triangle at the driveway.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance or Special Exception Use can be approved. These standards are
attached and made part of the Staff Report.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation.
Based on information available prior to the public hearing, the staff recommends that the
special exception use petition be sent to the Common Council with a favorable
recommendation.
The staff recommends approval of variances #3, 4, and 6, denial of variance #2, and to amend
variance #1 to a height equal to the existing fence minus the barbed wire, and to amend
variance #5 to include a hedge row in the area designated as "green space" on the east side.
Analysis:
Western Avenue is a heavily traveled east/west commercial corridor, providing business
opportunities for new and established businesses. The appropriate expansion of this business
will relieve Chicago Street from being used as a parking area, and add much needed buffering
between the business and the neighborhood. The site plan and the requested variances, as
amended, will help to ensure that the redevelopment of this site sustains a successful business
and protects the adjacent residential neighborhood.
The Special Exception Use meets the standards for approval of a Special Exception Use in that
moving parking out of the right -of -way will support public safety; the expansion of an existing
business should not affect the adjacent property values; the general character of Western
Avenue is a commercial corridor with a mix of business and commercial uses; and that City
Plan objectives are being met in providing for a range of nixed uses.
APC # 2668 -13 Page 3 of 3
i
4
rezoning from:
MIXFn US.F nT -QTF;
U�V -4+ -10
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A SPECIAL EXCEPTION OR A VARIANCE GRANT
FROM THE TERMS OF THE ZONING ORDINANCE IN AS PART OF A COMBINED
PUBLIC HEARING HELD BY THE AREA PLAN COMMISSION.
In accordance with I.C.36 -7 -4 -921, the Owner of the real estate located in the City of South
Bend, St. Joseph County, Indiana, which is described below, makes the following
COMMITMENTS concerning the use and development of the following described parcel of real
estate:
LEGAL DESCRIPTION:
Lot 1030 & E %Z Vac Alley & S' /2 Vac Alley
LaSalle Park
STATEMENT OF COMMITMENTS:
1. Jose Luis Consuelo agrees that this Special Exception Use for automobile sales and service for
the property located at 3801 W Western Avenue, South Bend, IN is valid only so long as Jose
Luis Consuelo owns and operates the automobile sales and service facility. At such time as Jose
Luis Consuelo no longer owns and operates the automobile sales and service facility, the new
owner would have to re -file for a Special Exception Use in order to operate an automobile sales
and service facility.
These COMMITMENTS shall be binding on the Owner, subsequent owners of the above -
described real estate, and other persons acquiring an interest in the above- described real estate.
These COMMITMENTS may be modified or terminated by a decision of the Area Plan
Commission of St. Joseph County made at a public hearing after proper notice has been given.
COMMITMENTS contained in this instrument shall be effective upon the grant of petition
#2668-13 by the City of South.Bend Common Council.
These COMMITMENTS may be enforced jointly or severally by:
1. The Area Plan Commission of St. Joseph County
2. The City of South Bend, Indiana;
Ord. No.: 9495 -04
3. Owners of all parcels of ground adjoining the real estate within three - hundred
(300) feet from the subject property, and all owners of real estate within the area
included in the petition who were not petitioners. Owners of real estate entirely
located outside the City of South Bend are not included, however; and
4.
IN WITNESS WHEREOF, Owner has executed this instrument this M day
of A r3 I,
(Individual Owner)
Printed
Title
Signature (Seal)
Printed
(Organization Owner)
Ord, No.: 9495 -04
STATE OF (Individual Acknowledgment)
)
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
0 5 U s CrovrS..aQ c7 , Owner(s) of the real estate described above who
acknowledged the execution of the foregoing instrument and who, having been duly sworn,
stated that any representations therein contained are true.
Witness my hand and Notarial Seal this
1. �yY;�d�� pAii(Y TQRRES
My Commission�Expires
January7,2017
County of Residence_
1 °1 day of -ZVI
Signature
Printed Dek.% YIV Ic *rr S
My Commission expires: j Q va V r- 'r 2Z 17
(Organization Acknowledgment)
STATE OF
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
the of
a(n) , Owner(s) of
the real estate described above who acknowledged the execution of the foregoing instrument in
such capacity and who, having been duly sworn, stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this . day of ,
Signature,
Printed
County of Residence,
My Commission expires:
This instrument was prepared by
Filed In _ : �!)f lce
MAY 9^-
Q13
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CITY Cl. h BEND, IN
Ord. No.: 9495 -04