HomeMy WebLinkAboutZoning & Special Exception - Located at 1912, 1918 and 1924 Edison Rd.ORDINANCE No. 10295.14
Passed by the Common Council of the City of South Bend, Indiana
March 10, 20 14
Presented by me to the Mayor of the City of South Bend, Indiana
March 11, 20 14
City Clerk
esident of Common Council
Approved and signed by me 1""(0 11 20 11
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City Clerk
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ORDINANCE NO. P 2-5�-I Y
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL
EXCEPTION USE FOR PROPERTY LOCATED AT 1912, 1918 AND 1924 EDISON ROAD,
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from SF Single Family District to OB Office Buffer District to
allow the consolidation of the property on either side of the current building for the existing dental office.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, as 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 numbered fifteen (15), Lot numbered sixteen (16), and Lot numbered seventeen (17) in Wooded
Estates, a subdivision now within and a part of the City of South Bend as per plat hereof recorded
September 27, 1946 in Plat Book 16, Page W in the office of the Record of St. Joseph County, Indiana.
be and the same is hereby established as OB Office Buffer District.
SECTION II. That a Special Exception Use for off -site parking and single family dwellings in a OB
Office Buffer zoning district 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, of approval.
SECTION III. This ordinance shall be in full force and effect from and
Council, approval by the Mayor, and legal publication.
the
Attest:
City Clerk
by the Common
Presented by me to the Mayor of the City of South Bend, Indiana on the (µ day of % Wd,\
20 ti , at t ° 0' - o'clock 4, .m.
Dep y, City Clerk
Approved and signed by me on the day of ^4.1204 20 14 , at (o o'clock
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PUBLIC READING y QS- S�.t�Jc�-
HEARING 3 —
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3 rd READING 3 4 ,�- Y,,, I
NOT APPROVED
REFERRED A P'
PASSED ec r Sinsec
DI MY or of the City of South Bend, Indiana
Filed in Clerk's ®� �
JAN
CITY CLERK, SOUTH BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
03 -14 A BILL AMENDING THE ZONING ORDINANCE AND
REQUESTING A SPECIAL EXCEPTION USE FOR
PROPERTY LOCATED AT 1912, 1918 AND 1924 EDISON
ROAD, COUNCILMANIC DISTRICT NO. 4 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 by adding special exception to the title.
This bill was heard by the Zoning & Annexation Committee.
Valerie Schey
Chairperson, Committee of the Whole
PETITION FOR A COMBINED HEARING
City ofSouth Bend Indiana
I the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a
Special Exception Use as herein requested and to the Area Plan Commission to grant the following variances:
1) The subject property is located at: 1912, 1918 & 1924 Edison Road, South Bend, Indiana 46617
2) The property Tax Key Numbers are: 018 -5148 -5538 018 -5148 -5539 018 -5148 -5540
3) Name and address of property owner of the petition site:
PA Sergio Properties, LLC
CIO Paul Sergio
1918 Edison Road
South Bend, Indiana 46617
1 -574- 287 -8900
4) Name and address of contingent purchaser, if applicable:
W1.1
5) It is desired and requested that this property be rezoned:
From: "SF -1" Single Family District
To: "OB" Office Buffer District
6) This rezoning is requested to allow the following uses: The expansion of the Dentist Office with the expansion of parking
lot to accommodate his increasing cliental.
7) If applicable, a detailed description and the purpose of the variances being requested: The requested variances are to allow,
by the individual requests, the expansion of the Dentist Office and the accommodation of the cliental parking area
- from the required 8' side yard setbacks for lots 15A, 16A and the east line of lot 17; and from the required minimum
15' side yard residential bufferyard for the west line of lot 17 to a F side yard setback for the east line of 15a, to 0' for
the west line of lot 15A and both the east and west lines of lot 16A and 0' for the east line of lot 17 and F for the west
line of lot 17;
- from the required 15' rear yard residential bufferyard for lots 15A, 16A and 17 to a 5' rear yard residential bufferyard
for lots 15A, 16A and 17;
- from the required 1 parking island to 0 parking islands;
- from the required 24' drive aisle to 23.6' for the parking spaces on lot 17;
- from the required rear residential bufferyard parking screening to allow the existing 6' vinyl fence to remain on lots
15A and 16A and to be extended across the rear yard of lot 17;
- from the required type B landscaping for the front yards of lots 15A, 16A and 17 to type a landscaping;
- from the required side residential bufferyard screening for the west line of lot 17 to allow the proposed 6' fence and
partial type a landscape screening as shown on the site plan;
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: As
no request being made is of any purpose other than to expand said Dentist Office and increase the parking lot.
(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: as any screening variances requested are still being affectively screened by a
6 foot high fence line.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: as the client will not be able to accommodate the growth of his Dentist Office without the expansion of
said office and parking lot.
9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. See
attached site plan.
10) If applicable, a detailed description and purpose of the Special Exception Use being requested: The purpose of the special
exception is to allow the expansion of Dentist Office and parking lot while simultaneously still allowing the existing residences
to remain.
to allow off site parking for lot 16A by allowing the proposed parking lots on lots 15A and 17;
to allow the residential use and houses to remain on lots 15A and 17.
11) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare: as no request being made is of any purpose other than the expansion of dentist
Office and to increase the parking lot.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: as any
screening variances requested are still being affectively screened by a 6' high fence line.
(c) The proposed use will be consistent with the character of the district in which it is located and the land uses
authorized therein; and: allow not only the existing residences to remain, but also allow the expansion of said
office and parking lot for the growing cliental
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. As no
property line encroachments exist or are proposed
12) In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site
Plan.
13) Applications for subdivisions should be obtained from the office of the Area Plan Commission.
14) Attached, and made a part of this PETITION, is:
(a) 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;
(b) 17 site plans; and
(c) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
PETITION PREPARED BY:
Lang, Feeney & Associates, Inc.
C/O J Bernard Feeney
715 South Michigan Street
South Bend, Indiana 46601
1 -574- 233 -1841
JBF715 @AOL.Com
9A&a::c_e-_
PA Sergio Properties, LLC
C/O Paul Sergio
°iled in Clerk's of&
i �t'i `l% 6 2014
JOW.,,:,:
CITY CLERIC, 30I$SH BEND, W
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AN COMMISSION OF ST. JOSEPH COUNTY. IN
227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, February 19, 2014
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A combined public hearing of PA Sergio Properties, LLC to zone from SF 1 Single Family & Two Family
District and OB Office Buffer District to OB Office Buffer District, and seeking a special exception use to
allow single family dwellings on proposed Lot 15A and Lot 17 in the OB Office Buffer District property
located at 1912, 1918 and 1924 Edison Road, City of South Bend - APC# 2692 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of PA Sergio Properties, LLC was legally advertised on
Thursday, February 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, February 18,
2014 took the following action:
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a proposed
ordinance of PA Sergio Properties, LLC to zone from SF I Single Family & Two Family District and OB
Office Buffer District to OB Office Buffer District, property located at 1912, 1918 and 1924 Edison
Road, is sent to the Common Council with a favorable recommendation. The rezoning will allow for an
existing office to expand.
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a Special
Exception Use to allow single family dwellings on proposed Lot 15A and Lot 17 in the OB Office Buffer
District is sent to the Common Council with a favorable recommendation. The Special Exception Use will
allow the residential homes to remain viable within this mixed use area.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
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,
W. Byorm
Attachment
CC: PA Sergio Properties, LLC
Lang, Feeney & Associates, Inc.
•�s. ,
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SERVING: ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
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Staff Report 2/3/2014
APC # 2692 -14
Owner: PA Sergio Properties, LLC
Location: 1912, 1918 & 1924 Edison Road
Jurisdiction: City of South Bend
Public Hearing Date: 2/18/2014
Requested Action:
The petitioner is requesting a zone change from SF 1 Single Family & Two Family District
and OB Office Buffer District to OB Office Buffer District with a special exception use
and seven variances from the development standards, property located at 1912, 1918 and
1924 Edison Road.
Land Uses and Zoning:
On site: On site is a dentist office, associated parking lot and two single family
homes.
North: To the north are single family homes zoned SF 1 Single Family and Two
Family District.
East: To the east is an insurance office zoned OB Office Buffer District.
South: To the south are single family homes zoned SF Single Family and Two
Family District.
West: To the west are two single family homes and two vacant lots zoned SF
Single Family and Two Family District.
District Uses and Development Standards:
The OB - Office Buffer District is established to promote the development of small scale
office, professional, business, governmental and quasi - governmental uses. Since the types
of permitted uses in the OB District are typically less commercial in appearance and are
architecturally more harmonious with residential structures, this district can serve as a
buffer between residential districts and more intense commercial or industrial districts.
The OB District may also serve as a gradual and reasonable transition between major
thoroughfares and residential districts. The OB District development standards are
established to assure small scale developments.
Site Plan Description:
The rezoning consists of three lots, approximately 3/4 acre in area. There is an existing
2,059 square foot dentist office and two homes of approximately 1,300 square feet each.
A 1,350 square foot addition is proposed to the dentist office, bringing the total building
coverage to 6,004 square feet or 18% of the site. There are 36 parking spaces provided,
covering 50% of the site. The remaining 32% is open space. Variances are needed since
setbacks and landscaping do not meet the standards of the OB Office Buffer District.
Zoning and Land Use History And Trends:
In 1987 the center lot was rezoned from A Residential to B Residential to allow a dentist
office. In 1994, a special exception was granted for parking on the residential lot to the
APC # 2692 -14 Page 1 of 3
Staff Report
2/3/2014
east. In 1995, the center lot was rezoned from B Residential to B Residential for an
expansion of the dentist office. In 2004, the new zoning map zoned this parcel OB Office
Buffer District.
Traffic and Transportation Considerations:
Edison Road has four lanes.
Utilities:
The site is served by public water and sewer.
Agency Comments:
The City Engineering Department has no objections.
Commitments:
The petitioner has not proposed any commitments.
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)
LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on
the Future Land Use Map.
LU 2.4 Provide buffer spaces between non - compatible land uses.
H2.7 Encourage rehabilitation and maintenance of non owner occupied residential
properties.
Land Use Plan:
The Future Land Use Map identifies the center lot, occupied by the dentist's office as
commercial and the other two lots, containing the houses, as low density residential.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Edison Road, between Ironwood and State Road 23, has a range of uses, from the
pharmacy and restaurant at Ironwood, offices on the north side, a condominium project
and gas station at State Road 23, with a few single family homes intermixed among these
uses.
3. Most Desirable Use:
The most desirable use is a use that is compatible with the variety of uses along Edison.
4. Conservation of Property Values:
Since the site has been operating as an office for several years, surrounding property
values should not be affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow an office to expand while retaining the
residential homes.
APC # 2692 -14 Page 2 of 3
Staff Report
Staff Comments:
2/3/2014
This is a combined public hearing procedure, which includes a rezoning, a special
exception and seven variances. 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 SF Single Family and Two Family District and OB Office Buffer
District to OB Office Buffer District.
The Special Exception Use is to allow single family homes on proposed Lot 15A and 17.
The petitioner is also requesting the following 7 variances:
1) from the required 8' side yard setback on all lots and the required 15' side residential
bufferyard for the west line of Lot 17 to I' from the east line of Lot 15A and west line of
Lot 17, and 0' for the lines between Lots 15A andl6A, and 16A and 17 for both parking
and structures;
2) from the required 15' rear residential bufferyard for all lots to 5';
3) from the required 1 parking island to 0;
4) from the required 24' drive aisle to 23.6';
5) from the required rear residential bufferyard and parking screening to a 6' vinyl fence;
6) from the required Type B landscaping for the front yards of all lots to Type A
landscaping; and
7) from the required side residential bufferyard screening for the west line Lot 17 to a
proposed 6' vinyl fence and partial Type A landscape screening as shown on the site plan.
State statues 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 be sent to the Common Council with a favorable recommendation. Based on the
information available prior to public hearing, the staff recommends that the Special
Exception Use be sent to the Common Council with a favorable recommendation. The
staff recommends approval of all variances, subject to the approval of the rezoning.
Analysis:
The rezoning will allow for an existing office to expand and the Special Exception Use
will allow the residential homes to remain viable within this mixed use area. The
variances represent an existing situation or one created specifically by the change in
rezoning, and should not impact the surrounding uses.
APC # 2692 -14 Page 3 of 3
Variances
A variance from any of the development standards of the Zoning Ordinance may only be
approved upon the Board of Zoning Appeals making a written determination and
adopting appropriate Findings of Fact, based upon the evidence presented at a public
hearing, that:
(1) The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
(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; and,
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property.
Special Exception / Special Use
A special use may only be granted upon making a written determination and adopting
appropriate Findings of Fact, 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;
(2) The proposed use will not injure or adversely affect the use of the adjacent
area or 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
Comprehensive Plan.
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Rezoning from:
"OB" OFFICE BUFFER DISTRICT & "SF1" SINGLE FAMILY & TWO FAMILY DISTRICT
to "OB" OFFICE BUFFER DISTRICT
RASTERZONING KEY
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