HomeMy WebLinkAboutZoning - 1430 Mishawaka AvenueORDINANCE No.
10344 -15
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
January 26,
20 15
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
January 21, 20 15
City Clerk
President of Common Council
JOHN VOORDE
Approved and signed by me / 201S
City Clerk
1=1
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1430
MISHAWAKA AVE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
REZONE TO ALLOW FOR AUTO REPAIR
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:
THE NORTH 62.5' OF LOT 77 & WEST 870F LOT 76 OF EUCLID PARK ADDITION
be and the same is hereby established as CB Community 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.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the Z- day of
20 l J" , at [ k Z-�- o'clock a , .m.
City CI- A; `�� l
Approved and signed by me on the day of 20 /D o'clock
READING L0 -0 -� I
PUBLIC HEARING k—Vo'k S'
3rd READING
NOT APPRQVED
REFERRED 1\--P- P-(3—(Y
PASSED V -qAo_' 5
Mayor of t outh Bend, Indiana
GC" -82014
JOHN Voogorc
CITY CLERk SOUTH BEND. IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
58 -14 A BILL TO AMEND THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1430 MISHAWAKA AVE.
COUNCILMANIC DISTRICT NO. 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 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
PETITION TO REZONE
City of South Bend, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as
herein requested.
1) The property sought to be rezoned is located at: 1430 Mishawaka
2) The property Tax Key Number(s) is /are: 18- 6024 -3703
3) Name and address of property owner(s) of the petition site:
G Family Properties
51820 Deer Trail
Granger, IN 46350
574- 208 -7369
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name
Address
City, State Zip Code
Phone number with Area Code
E -Mail Address
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: LB Local Business District N/A
To: CB Community Business District
6) This rezoning is requested to allow the following use(s): Auto Repair
7) 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) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
CONTACT PERSON:
Santos Rios
421 S 300 E
LaPorte, IN 46350
(r-l'-CO-5-3
o, � ,proper�wner(or signature of Attorney for all property owner(s):
=OCT6
Wry CLERK, SO E4 B6 N , IN
POW W ��i1
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Di—I.,
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9571
Wednesday, November 19, 2014
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of G Family Properties to zone from LB Local Business District to CB Community
Business District, and seeking the following three variances: 1) from the required 20' front setback for parking
to 0; 2) from the required 7 parking spaces to 2; and 3) from the required Type B: partial screening on the
south property line to a 6' privacy fence, property located at 1430 Mishawaka Avenue, City of
South Bend - APC# 2726 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of G Family Properties was legally advertised on Thursday,
November 06, 2014 and that the Area Plan Commission at its public hearing on Tuesday, November 18, 2014 took
the following action:
Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the
proposed ordinance of G Family Properties to zone from LB Local Business District to CB Community
Business District, property located at 1430 Mishawaka Avenue, City of South Bend, is sent to the
Common Council with a FAVORABLE recommendation. The site has been commercial for many years
and is part of the larger Mishawaka Avenue commercial strip. The rezoning will allow an adaptive reuse of
the site consistent with the other commercial uses in the area.
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,
Lawrence P. Magliozzi
Attachment
CC: G Family Properties
Santos Rios
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SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW. TI OS EPHCO U NTY IND I ANA. CO M /AREAPLAN
Staff Report 11/6/2014
APC # 2726 -14
Owner: G Family Properties
Location: 1430 Mishawaka Avenue
Jurisdiction: City of South Bend
Public Hearing Date: 11/18/2014
Requested Action:
The petitioner is requesting a zone change from LB Local Business District to CB
Community Business District and three variances.
Land Uses and Zoning:
On site: On site is an existing commercial structure.
North: To the north across Mishawaka Avenue are single family homes zoned SF2
Single Family & Two Family District and a gas station zoned CB
Community Business.
East: To the east is a commercial building zoned MU Mixed Use District.
South: To the south is a single family home zoned SF2 Single Family & Two
Family District.
West: To the west across Clover Street is a commercial building zoned LB Local
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 is approximately a 4,000 square foot lot with an existing 1,300 square foot
building. The existing building has 2 service bays that front Mishawaka Avenue. The
remainder of the lot is paved. Due to the size of the lot and room for drive aisles, the
petitioner is seeking a variance from the required 7 parking spaces to 2 spaces. The
parking shown on the aerial photograph that extends in to the public right -of -way is not
permitted without special approval by the Board of Public Works. There is an existing 6'
privacy fence separating this property from the single family home to the south. The
petitioner would like to maintain this fence in place of the required Type B: Partial
Screening required.
Zoning and Land Use History And Trends:
Mishawaka Avenue has historically been a mix of commercial and residential uses. The
site was previously a gas station and has operated with auto oriented uses even after the
removal of the gas pumps.
APC # 2726 -14 Page 1 of 3
Staff Report
11/6/2014
2) from the required 7 parking spaces to 2; and
3) from the required Type B: partial screening on the south property line to a 6' privacy
fence.
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. The
staff recommends approval of the variances.
Analysis:
The site has been commercial for many years and is part of the larger Mishawaka Avenue
commercial strip. The rezoning will allow an adaptive reuse of the site consistent with the
other commercial uses in the area.
APC # 2726 -14 Page 3 of 3
rvtu LB
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7
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Mishawaka
Rezoning from:
"LB" LOCAL BUSINESS DISTRICT to
"CB" COMMUNITY BUSINESS DISTRICT
N
MASTER ZONING KEY w IT
® SOUTH BEND "SF2" SINGLE F.AtvIILY AND TWO FANIILY DISTRICT S
SOUTH BEND "IvIU" MIXED USE DISTRICT 1 inch = 50 feet
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT
SOUTH BEND "CB"COr0IIUNITY BUSINESS DISTRICT APC # 2726 -14