HomeMy WebLinkAboutRezoning - 4325 S. Michigan St. ORDINANCE No . 10369-15
Passed by the Common Council of the City of South Bend, Indiana
September 14, 20 15
Attest: � wL City Clerk
JOHN V.• r i
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 15, 20 15
hI City Clerk
JOHN VOORD
Approved and signed by me \Yt3PL yNiV /7 20 /_
Mayor
ORDINANCE NO. 103C-c(-1�
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4325 S. MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 5 IN
THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To change zoning from CB Community Business District to MU Mixed Use District to
allow for a residential dwelling unit above a flower shop.
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:
Lots 3 & 22 of Byers Addition Pro
be and the same is hereby established as MU Mixed Use 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.
Intik
Member of the Common Council
AttestCtic:V
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
l flt-. day of S l , 2 of r , at 12 i Li- o'clock gyp_ . m.
De ty, City Clerk
Approved and signed by me on the /7
3 day of Sep/or , 2 .5 , at
o'clock�3D . m.
----a2
Mayor, City of Sout .=fin., ndiana
Filed in CR4rk's Office
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I n READING L`f` ji
PUBLIC HEARING -1.' �� i
3rd READING q t`t l arA JOHNy+OLO-IJkt
NOT APPROVE) $ �L r CITY CLERK,SOUTH BEND,IN
REFERRED ;;Pt IP' -
PASSED ' =441—L1 - co— S1/4.t,Lt -,..ul
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
35-15 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 4325 S. MICHIGAN STREET,
COUNCILMANIC DISTRICT NO. 5 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 FOR A COMBINED PUBLIC HEARING
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: 4325 S Michigan Street South Bend, IN 46614
2) The property Tax Key Number(s) is/are: 023-1025-1328 and 023-1025-1346
3) Name and address of property owner(s)of the petition site:
Flowers By Stephen&Assoc LLC
4325 S Michigan Street
South Bend, IN 46614
574 291-2250
jlowersbystephen@yahoo.com
Name and address of additional property owners, if applicable: n/a
4) Name and address of contingent purchaser(s), if applicable:
n/a
Name and address of additional property owners, if applicable:n/a
5) It is desired and requested that this property be rezoned:
From: CB Community Business District N/A
To: MU Mixed Use District
6) This rezoning is requested to allow the following use(s): To correctly zone a pre-existing apartment above
retail flower shop.
7) If applicable,a detailed description and the purpose of the variance(s)being requested:
1)A variance from the required perimeter landscaping to none to accommodate the pre-existing
placement of the building and pavement on the property.
2)A variance from the required parking screening to none to accommodate the pre-existing placement of
the building and pavement on the property
3)A variance from the requirement that no trash container be located between a front façade and a front
lot line to accommodate the pre-existing layout of the property.
4)A variance from the required trash enclosure screening to none to accommodate the pre-existing layout
of the property.
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: Approval of the variances would not be injurious since the phyical building and property
use will not be changed.
(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: Granting the variances would not affect the area around the
property adversely since the physical building would not be changed The building has been the same
since built in 1959.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: Requiring the perimeter landscaping,parking screening and dumpster placement with
screening, would demand that the pre-existing asphalt be removed Required parking spaces would be
lost, and therefore would put Flowers by Stephen &Assoc LLC out of business. This flower shop has
been in the southside neighborhood for 55 years.
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: N/a
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: N/a
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: N/a
(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: N/a
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.N/a
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:
Sheryl Luczkowski Feed In g, $ "en
4325 S Michigan Street
South Bend, IN 46614 n! @ 2Q 15
574 291-2250
flowers bystephen @yahoo.com JOHN a"
CITYCIER:( s?t3�1DIE
Signa r (s)of all pr•.e ! owner(®,,), or signature of Attorney for all property owner s : �tl BEND,IN
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C LAWRENCE P. MAGLIOZ
EXECUTIVE IITIVE DIRECTOI
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Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2359571
Wednesday, August 19, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A public hearing on a proposed ordinance of Flowers by Stephen &Assoc LLC to zone from CB
Community Business District to MU Mixed Use District, property located at 4325 S. Michigan Street, City of
South Bend-APC# 2748-I5.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Flowers by Stephen& Assoc. LLC was legally advertised
on Thursday, August 06, 2015 and that the Area Plan Commission at its public hearing on Tuesday, August 18,
2015 took the following action:
Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the
proposed ordinance of Flowers by Stephen& Assoc. LLC to zone from CB Community Business District
to MU Mixed Use District, property located at 4325 S. Michigan Street, City of South Bend, is sent to
the Common Council with a FAVORABLE recommendation. Allowing this site to be zoned to the
mixed-use district will allow the building to be used to its full potential without adversely affecting the
surrounding properties. Encouraging vertical mixed-use increases density and creates a more sustainable
environment.
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, 7//- ( qJ
Angel r M. Smith
Attachment
CC: Flowers by Stephen& Assoc. LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA 8 ROSELAND
W W W.S T J o SEPMCOUNTYIN O I A N A.C OM/A REA P LAN
■
Staff Report 8/7/2015
APC # 2748-15
Owner: Flowers by Stephen&Assoc LLC
Location: 4325 S. Michigan Street
Jurisdiction: City of South Bend
Public Hearing Date: 8/18/2015
Requested Action:
The petitioner is requesting a zone change from CB Community Business District to MU
Mixed Use District for a flower shop with an upper level dwelling unit, and seeking four
variances from the development standards.
Land Uses and Zoning:
On site: On site is an existing flower shop, zoned CB Community Business District
North: To the north is a music store, a retail store, and an accessory structure,
zoned CB Community Business District.
East: To the east across Michigan Street is a drive-through restaurant and an auto
parts store,zoned CB Community Business District.
South: To the south is the future site of Belle Tire, zoned CB Community Business
District.
West: To the west across Main Street is a vacant lot zoned SF2 Single Family&
Two Family District.
District Uses and Development Standards:
The MU Mixed Use District is established to promote the development a dense urban
village environment. The regulations are intended to encourage all the elements of a
traditional urban village, including: storefront retail; professional offices; and, dwelling
units located either in townhouse developments or in the upper stories of mixed-use
buildings. The development standards in this district are designed to: encourage a
pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian
scale, massing and relationship between buildings and structures within the district.
Site Plan Description:
The site is made up of two lots joined by a parking lot, totaling 0.34 acres. The site has
frontage on both Michigan Street and Main Street. Parking is provided for 10 vehicles
between the rear of the business and Main Street, and two parking spaces are provided
along Michigan Street. The existing building is part of an integrated center, with two
other storefronts on the adjacent lot to the north. The building is approximately 21' in
height,and houses retail space on the first floor, with a residential dwelling unit above.
Zoning and Land Use History And Trends:
Michigan Street is a commercial corridor into the City of South Bend with very limited
need for zone map amendments since the 1980's.
APC # 2748-15 Page 1 of 3
Staff Report 8/7/2015
Traffic and Transportation Considerations:
Main Street has two lanes and Michigan Street has four lanes.
Utilities:
This site is served by municipal sewer and water.
Agency Comments:
The County Surveyor and the Department of Community Investment offer a favorable
recommendation. The City Engineer notes that drainage issues may need to be resolved
prior to issuance of a building permit, and that semi-trucks making deliveries may have
difficulty maneuvering through the site.
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 H 1.3: Encourage the development of mixed-use buildings.
Land Use Plan:
The Future Land Use Map identifies this area for commercial development.
Plan Implementation/Other Plans:
The South Bend South Side Development Area Plan (2002) addresses the need to create a
pedestrian-friendly commercial environment in this area.
2. Current Conditions and Character:
Main Street and Michigan Street form an arterial commercial corridor and provide access
to the city from US 31.
3. Most Desirable Use:
The most desirable use is one that is compatible with the commercial and mixed use
character of the area.
4. Conservation of Property Values:
Due to the existing commercial character of the area, surrounding property values should
not be adversely affected.
5. Responsible Development And Growth:
It is responsible growth and development to allow this property to be zoned to a less
intensive commercial district.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and four
variances from the development standards. The Commission will forward the rezoning to
APC # 2748-15 Page 2 of 3
Staff Report 8/7/2015
the Common Council with or without a recommendation and either approve or deny the
variances.
The variances are as follows:
1) From the required landscaping of required perimeter yards to none;
2) From the required off-street parking area screening to none;
3) From the minimum required 22'front facade height to 21'; and
4) From the requirement that trash containers not be located between the front facade of
the primary building and the front lot line to allowing trash container between the west
facade and the front(west) lot line.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved.
(I)The approval will not be injurious to the public health, safety, morals,and general
welfare of the community. The site is an existing commercial development. The trash
receptacle will only be visible from the west side of Main Street, which is predominantly
vacant. The difference of one foot of façade height will not easily distinguished, or
adversely affect the general welfare of the community.
(2)The use and value of the area adjacent to the property included in the variances will
not be affected in a substantially adverse manner. The requested variances will allow the
site to maintain its current layout,which is similar to adjacent properties. The trash
enclosure will serve as a screen for the dumpster, which is already existing on the lot.
(3)The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. Since the site technically has frontage on both Main
and Michigan Streets,the strict application of the ordinance would subject it to more
requirements than other, similar,commercial sites. Adding an additional one foot to the
facade of the building would pose a significant cost, with minimal benefit. Since this site
has two fronts, a trash receptacle could not be placed outside of a front yard without
impairing traffic flow through the site.
Recommendation:
Based on information available prior to the public hearing, staff recommends the rezoning
petition be sent to the Common Council with a favorable recommendation. Staff
recommends approval of all four variances.
Analysis:
Allowing this site to be zoned to the mixed-use district will allow the building to be used
to its full potential without adversely affecting the surrounding properties. Encouraging
vertical mixed-use increases density and creates a more sustainable environment.
APC # 2748-15 Page 3 of 3
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