HomeMy WebLinkAboutRezoning - 2212 Mishawaka Ave.ORDINANCE No. 10362 -15
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Atte
June 22,
20 15
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
June 23, 20 15
City Clerk
President of Common Council
JOHN VOORDE
Approved and signed by me -3-u ►n e- :; � 20 5'
City Clerk
1/
ORDINANCE NO. () 3 (�2- -I,T'
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION PROPERTY LOCATED AT 2212 MISHAWAKA AVE,
COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
IT IS WITH INTENT TO CONDUCT BUSINESS OF THE ABOVE LOCATION AS A
TATTOO AND BODY PIERCING FACILITY TO THE City OF SOUTH BEND INDIANA
AND ITS SURROUNDING AREA.
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:
STARTING AT THE NORTHEAST CORNER OF THE EAST END OF LOTS 31 -32 OF
RIVER PARK, THENCE WEST 40' TO THE POINT TO BEGINNING; THENCE WEST
40'; THENCE SOUTH 130'; THENCE EAST 40'; THENCE NORTH 130' TO THE
POINT OF THE BEGINNING.
Be and the same is hereby established as LB Local Business District
SECTION II. That a Special Exception for 2212 Mishawaka Ave. in a LB Local
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 conditions, if any, of approval.
SECTION III. This ordinance shall be in fu force and a ct from after its passage by
the Common Council, Approval by d legal pu�ication. _
Member cTthe Common Council
Attest: 1 /
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the t 3 day
of _ um , 2 oty, at ll'34 o'clock 1�—. M.
C& Clerk
Approved and signed by me on the 3 day of 3) n 9- 2 O 15", at
o'clock SL_. m.
Mayor, City of South Bend-,- ndian
I st READING I /—( 3-1 V
PUBLIC HEARING -LL'd r a i S rr
3 rd READING G -Li--1 J^ Cl,-r J u l
NOT APPROVED
REFERRED 4,/3, _4 43-klJ'
PASSED (, - ti„-l- f a f, 5 L,,S
Filed
MPY 20 2015'
_i
Joy+. > ,.
CITY CLERIK, i= rroi BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
21 -15 A BILL AMENDING THE ZONING ORDINANCE AND
REQUESTING A SPECIAL EXCEPTION FOR PROPERTY
LOCATED AT 2212 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 a favorable
recommendation as substituted according to the Area Plan Report attached in
file.
This bill was heard by the Zoning & Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION FOR A COMBINED PUBLIC HEARING
Citeses f 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: 2212 Mishawaka Ave, ,South Bend IN 46615
2) The property Tax Key Number(s) is /are: 018 -6032 -0972 018 -6032 -0971
3) Name and address of property owner(s) of the petition site:
New Paris Development Co. LLc
2020 Elkhart Rd
Goshen, IN 46526
574 - 534 -7368
ChelseaC 534rent.net
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name
Address
City, State "Lip Code
Phone number with Area Code
F, -Mail Address
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: MU Mixed Use District N/A
To: LB Local Business District
6) This rezoning is requested to allow the following use(s): The .specified location will conduct business as a
Tattoo and Body Piercing facility. The property will contain I restroom facilty, 2 closed room office spaces, a large
common area to conduct business of tattooing, I closed room for body piercing and the rest of the space will be
utilized for storage of supplies.
7) If applicable, a detailed description and the purpose of the variance(s) being requested: 1. From the required 12
parking spaces to zero. 2. From the required 500'separation front a religions use to 20'seperation.
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: All certifications, licenses, and regulations will be niet to conduct business. It is the
desire of die owner of the business to have a welcoming atmosphere and a family oriented business. To
provide increoselprosperht v to surrounding businesses within the River Park District.
(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: The Tattoo and Body Piercing facility will only conduct business
within the designated space of 2212 Mishawaka Ave. Owners and operators will limit all operations to
this designated space as to not interfter with surrounding businesses and property.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: The application of the terms of the Ordinance would not result in difficulties btu would
calioav the ability to conduct business as desired and to allow the freedom of other businesses in the
litatre to take place and expand in the River Park District.
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: Insert test
11) A statement on how each of the following standards for the granting of a Special Exception is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare: It is our intention to run business as a fancily oriented
business. To provide an environment for all within the community to feel comfortable in an
environment that might not have been in the past. It is on,- intention to welcome the community and to
provide service that is oriented around their needs and satisfaction.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: It is our intention to only better the community and to aid in the success of the adjacent area
through increasing property value through exterior appearance and through the increase in overall
customer base..
(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: Will aid in improving the visual appearance of businesses Makin the
River Park District. It is also intended that with the proposed use there will he an increase of business
within the area to aid in stability to surrounding businesses.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. The proposed use will abide by all regulations and requirements required by law to conduct
business as indicated as a Tattoo and Body Piercing Parlour.
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 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) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
CONTACT PERSON:
Nathan Rivers
53020 Woodmar Dr
Granger, IN, 46530
765 - 543 -1453
natltan. d. rivers((�grnaiL com
Signature(s) of all property o e ,,fir signature of Attorney for all property owner(s):
Filed in Clprks office
OR, - 7 2015
J Jim CITY CLERK, GOUTN BEND, IN I
. -..) EXIMIT "Et'
LIMITED•POWER OF ATTORNEY
Kn ^u � m�..b these presents, that I, a resident of
a k County, State of- do hereby appoint
of City of
..: Statd.of I iij11(1kjV,.tobe0ourtrae and lawful attorney -in
with' full:power:in our'name and'stea . Ri and on our behalf to represent "L 0"k4-.1
LAC t d_ KLs;s t 9 before the Zoning and Annexation Committee and/or the
Common Council of the City. of South Bend, Indiana, for the purpose of representing us on the
pending zoning petition and to answer any and all questions thereon.
I hereby ratify all that my said attorney -in -fact shall lawfully due or cause to be done by
virtue hereof.
In Witness Whereof�I have hereunto set my hand and seal this tO day of
Signature
STATE OF 1:yi -o(,• )
)SS:
IF 1k ka County )
Before me, the undersigned, a Notary Public. in and for said County and State, came
e s 1 and acknowledged the execution of the above Limited
Power of Attorney,
Witness my hand and official seal this % +h day o£ 6* rz 1 20_L,-5.
My Commission Expires:
_ l o m� rm C Gin vJ
Resident of C IA {i County Printed NaMa e# Qt 1)M
(Seal)
Filed in Clork's Office
OR!, - 7 X015
jd-HN db-q it
CITY Cl.UM, SQUTit SEND, IN
Ord. Nps 9491.04
PRELIMINARY SITE PLAN REQUIREMENTS
A. Tabulated (listed) Data (.Note: dala are for illust,ative purposes only)
1. LAND COVERAGE AREA % OF TOTAL AREA
Total: 1.75 acres 76,230 sf 100%
a. buildings (ground floor only) 20,000 sf 26 %n
b. parking & loading, and drives 33,361 sf 44%
c. open space (yards, landscaping, etc) 22,869 sf 30%
2. Proposed land uses & floor area (e.g. bank, retail shopping center, office, pizza parlor, apartments)
USE
FLOOR AREA
% OF TOTAL FLOOR AREA
BUILDING HEIGHT_
a. Office
5,000 sf
25%
1 story; 35'
b. Retail
5,000 sf
25%
1.5 story; 40'
c. Restaurant
10.000 sf
50%
1 story; 32'
Sub -Total
20,000 sf
100%
d. Residential
HEIGHT
# OF UNITS
BEDROOMS/UNIT
TOTAL BEDROOMS
building 1
3 -story / 40'
10
2
20
building 2
5
2
10
building 3
5
1
5
building 4
2-story / 30'
8
3
24
Sub -Total
28
8
59
e. Estimated population; Project Density
3. Parking ratios peruse as required by ordinance, and number of spaces to be provided.
B. Current and Proposed: Sanitary Sewer or Septic; Storm Sewer; Public or Private Water Facilities.
C. Name, address and phone number of engineer, surveyor, owner /developer, and landscape architect.
D. Mapped Information (drawn to scale)
1. North arrow, written and graphic scale, date.
2. Boundaries of property with dimensions.
3. Location of buildings, uses and easements.
4. Location and composition of open spaces, landscape planting areas and buffer strips.
5. Location of parking and loading areas, entry and exit drives.
6. Abutting public and private streets.
7. Building and parking setbacks.
8. Location, height, size and type of sign(s).
9. Topography and other natural features.
10. Sanitary, storm sewer, and public water connections; or, private well and septic system locations.
NOTE: additional information may be. required during the review process so that the Commission can make an informed
decision.
Filed In cI, :=
IN
Staff Report 5/8/2015
APC # 2742 -15
Owner: New Paris Development Co. LLC
Location: 2212 Mishawaka Avenue
Jurisdiction: City of South Bend
Public Hearing Date: 5/19/2015
Requested Action:
A combined public hearing on a proposed ordinance of New Paris Development Co. LLC
to zone from MU Mixed Use District to LB Local Business District; seeking a Special
Exception Use to allow for a tattoo, body piercing establishment; and seeking two
variances.
Land Uses and Zoning:
On site: On site is an existing retail building.
North: To the north across Mishawaka Avenue is a gas station and convenience
store zoned CB Community Business District.
East: To the east is a church zoned MU Mixed Use District.
South: To the south is a single family home zoned MU Mixed Use District.
West: To the west is a tavern zoned MU Mixed Use District.
District Uses and Development Standards:
The LB District is established to provide for small business groupings located outside of
the village style mixed use concept and which provide for the full range of convenience
uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted
uses within the LB Districts are regulated in character to assure harmonious development
with the nearby residential districts served and are limited in size and scale to promote
pedestrian access.
Site Plan Description:
On site is a 3,300 square foot retail space abutted by similar buildings to the east and
west. The front fagade of buildings along this block abut the sidewalk, with a 0' setback.
There is a paved parking area behind the building that is shared with the other businesses.
Zoning and Land Use History And Trends:
This site has been zoned MU Mixed Use District since 2004.
Traffic and Transportation Considerations:
Mishawaka Avenue has two lanes with a center turn lane and on- street parallel parking on
the south side of the street.
Utilities:
This site is served by municipal water and sewer.
Agency Comments:
County Surveyor, City Engineer, and South Bend Department of Community Investment
APC # 2742 -15 Page 1 of 3
Staff Report 5/8/2015
recommend approval.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006). Policy LU 2.2: pursue a mix of land uses along major corridors and other locations
identified on the future land use map. Policy ED 1.2: Encourage reuse of abandoned and
underutilized land and structures.
Land Use Plan:
The future land use map identifies this area as Commercial.
Plan Implementation /Other Plans:
No other plan is in effect for this area.
2. Current Conditions and Character:
The 2200 block of Mishawaka Avenue is a commercial node with a mix of non - residential
uses.
3. Most Desirable Use:
The most desirable use is one that is compatible with the mixed -use character of this
commercial corridor.
4. Conservation of Property Values:
Physical improvements and use of this site for a tattoo shop should not adversely affect
surrounding property values.
5. Responsible Development And Growth:
It is responsible growth and development to allow this property to develop into a business
that will serve the community.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, a Special
Exception Use, and two 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 Special Exception Use is for a tattoo parlor.
A special exception 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
APC # 2742 -15 Page 2 of 3
Staff Report
5/8/2015
moral standards, convenience or general welfare. Tattoo facilities are licensed and
certified through the Health Department to ensure they operate in a safe manner.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein. The property was previously used for non - residential uses.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein. The tattoo parlor will operate similarly to the
other businesses found along Mishawaka Avenue.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The comprehensive plan identifies this area for commercial development.
The variances are as follows:
1. From the required twelve parking spaces to zero; and
2. From the required 500' separation from a religious use to 20'.
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.
(1) The approval will not be injurious to the public health, safety, morals, and general
welfare of the community. Tattoo facilities are licensed and certified through the Health
Department to ensure they operate in a safe manner. Because there is on- street parking
available with additional parking behind the building, the parking variance should not be
injurious to the safety or 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. Improving the physical appearance of the
fagade will protect surrounding property values. The property was previously used for
non - residential uses.
(3) The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. The strict application would limit the ability for the
site to be redeveloped as a tattoo parlor. On street parking is available, as well as non-
descript parking in the rear of the building.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition and the Special Exception Use be sent to the Common Council with a
favorable recommendation. The staff recommends approval of both variances.
Analysis:
Allowing a tattoo parlor in this location will not be injurious to the overall retail character
of Mishawka Avenue or the adjacent residents. Rezoning to LB Local Business District is
consistent with the character of the area.
APC # 2742 -15 Page 3 of 3