HomeMy WebLinkAboutRezoning - 2906, 2910 & 2920 Mishawaka Ave. ORDINANCE No . 10390-15
Passed by the Common Council of the City of South Bend, Indiana
October 26, 20 15
Attest: CVCctZ.L City Clerk
JOHN VOORDE
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 27, 20 15
was ' tY✓1_ _%` City Clerk
JOHN VOORDE
Approved and signed by me C(40 I EJ 2-7 20 15
Mayor
ORDINANCE NO. 1 ° 9-d
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2906,2910,
AND 2920 MISHAWAKA AVENUE, SOUTH BEND, IN 46615,COUNCILMANIC DISTRICT NO. 3 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
THE PROPERTIES ARE LOCATED AT 2906,2910,AND 2920 MISHAWAKA AVENUE AND IS
CURRENTLY ZONED MU-MIXED USE. WE ARE REQUESTING TO REZONE THE PROPERTIES TO CB-
COMMUNITY BUSINESS AND ALSO REMODEL AND MAKE IMPROVEMENTS TO THE PROPERTY IN
ORDER TO OPERATE A VETERINARY HOSPITAL WITH INDOOR PATIENT BOARDING AT THIS
LOCATION.
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 16 AND 17 OF NURSERY PLACE SUBDIVISION, LOT A RIVER PARK. LOT 21 OF NURSERY
PLACE SUBDIVISION, LOT A RIVER PARK. AND 42 1/4 FEET OF THE WEST END OF LOTS 1 AND 2 ,
EGGLESTONS 1ST ADDITION.
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.
Member of th-
Attest:
C-4Wri—at, . (ffe
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the 2.-7h day of OCA't ,
20 If ,at LW 3-0 o'clock a .m.
City C1 k t /
'
Approved and signed by me on the 274 day of (/C40Le e ,20
15 ,at 3:36 o'clock
f.m.
-Ad t ,
Mayor of the ity of'south Bend,Indiana
Filed in Clerk's Office
'
1fl READING �r-to-1S' AUG 4 2015
PUBLIC HEARING v —ICri c
3 rd READING LO—Lb—L r JOHN VOORD.
NOT APPROVED CITY CLERK,SOUTH BEND,IN
REFERRED .■f- r lo- r ,.
PASSED LO---Lko—LS--
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
36-15 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 2906, 2910, AND 2920
MISHAWKA AVENUE, SOUTH BEND IN 46615,
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 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: 2906, 2910, and 2920 Mishawaka Avenue, South Bend,
Indiana
2) The property Tax Key Number(s) is/are: 018-6043-1409, 018-6043-1408, 018-6045-1457
3) Name and address of property owner(s) of the petition site:
John and Wendy Bognar
2910 Mishawaka Avenue
South Bend,IN 46615
574-210-6153
Name and address of additional property owners,if applicable: N/A
4) Name and address of contingent purchaser(s), if applicable:
Lance Huffer, DVM
2621 West Mishawaka Avenue
South Bend, IN 46615
574-282-2303
Name and address of additional property owners,if applicable: N/A
5) It is desired and requested that this property be rezoned:
From: MU Mixed Use District N/A
To: CB Community Business District
6) This rezoning is requested to allow the following use(s): Veterinary Hospital with Indoor Patient Boarding
7) If applicable, a detailed description and the purpose of the variance(s) being requested: Section 21-07.04, Table
21-07.04 E. According to the ordinance One (1)parking space is required per every four-hundred(400)square
feet of gross floor area. The existing building is 15,797 sqaure feet and will have 6-8 exam rooms with tip to 3
doctors at the facility at one time. We are asking for a reduction of parking spaces from 39 spaces to 0 spaces
because the majority of the parking spaces for this property are located adjacent to the building within the alley
and also east of the alley at 2920 Mishawaka Avenue belonging to the owner. 39 parking spaces is more spaces
than are needed to run the proposed business.
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: This approval will not be injurious to the public health, safety, morals and gereral welfare
of the community because our plans are to take an existing vacant building and parking lot and
improve upon it. The building along with the parking lot will receive improvements. Currently with
the old busines, customers would park on the east side of the parking lot within the desiganted striped
parking spaces but also along the building within the alley way. Our plans are to vacate the alley,
stripe areas along the building where cars already park, move the entry drive east and away from the
building creating a much safer approach into the parking lot and also create some upfront landscaping
to soften the impact of 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: With the proposed improvements to the existing building and
parking lot will only add value and function for the community and the surrounding properties.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: There simply is not enough space to allow 39 parking spaces on this property. However,
we strongly feel that the proposed parking spaces shwon along with overflow off-site parking is more
than sufficient for proper and safe operation of this facilty at this location.
9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be
submitted.
10) 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:
Steve DeBold- Chester, Inc.
555 Eastport Centre Drive
Valparaiso, IN 46383
219-465-7555
steved@chesterinc.com
Signature(s)of all property owner(s), or signature of Attorney for four alll property owner(s):
Filed in Clerk's Office
AUG 4 20th
JOHN YO&.' 'LL;
CITY CLERK,SOUTt, yt:.NC,IN
C LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Depot) Director
AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571
Wednesday, September 16, 2015
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 John& Wendy Bognar to zone from MU Mixed Use
District to CB Community Business District and seeking the following two variances: 1)from the required
minimum 39 off-street parking spaces to 0; and 2)from the required foundation landscaping to none, property
located at 2906, 2910 and 2920 Mishawaka Avenue, City of South Bend-APC#275045.
Dear Council Members:
I hereby Certify that the above referenced ordinance of John& Wendy Bognar was legally advertised on
Thursday, September 03, 2015 and that the Area Plan Commission at its public hearing on Tuesday, September 15,
2015 took the following action:
Upon a motion by Gerry Phipps, being seconded by Oliver Davis and unanimously carried, a proposed
ordinance of John &Wendy Bognar to zone from MU Mixed Use District to CB Community Business
District,property located at 2906, 2910 and 2920 Mishawaka Avenue, City of South Bend, is sent to
the Common Council with a FAVORABLE recommendation. This rezoning is a responsible,adaptive-
reuse of an existing building on a well-established commercial corridor.
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: John& Wendy Bognar
Lance Huffer, DVM
Chester, Inc.Att: Steve DeBold
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
www.srrostP HCOUNrvINDIANA.comrAaPAPLAN
Staff Report 9/4/2015
Utilities:
This site is served by municipal sewer and water.
Agency Comments:
The County Surveyor offers a favorable recommendation. City Engineering offers a
favorable recommendation, subject to the following conditions:
1) The vacation of the alley as shown on the preliminary site plan, along with the
following two conditions: a) dedication of an easement at the southeast corner of the
building to accomplish turns by long utility trucks; and b) closure of the existing
Mishawaka Avenue alley approach with curb and sidewalk;
2) Renewing the pavement in the east-west alley south of the building and the two alleys
leading to Nursery Court(since they will be the primary access to the loading area);
3) Providing a drainage plan for the site, which retains surface water on site, including
roof drainage. Any roof drains currently connected to sanitary sewer shall be disconnected;
4) Upgrading the sewer lateral(s) serving the building to the size and standard needed for
veterinary use; and
5) Provide details for ADA compliant sidewalk at the driveway approach crossing on
Mishawaka Avenue.
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:
This rezoning 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, and 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 mixed use.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Mishawaka Avenue has a mix of residential and commercial uses. This portion of the
commercial corridor is primarily mixed use with LB Local Business District at the
intersection of Mishawaka and 30th Street.
3. Most Desirable Use:
The most desirable use for this site is one that is consistent with the mixed use nature of
Mishawaka Avenue.
4. Conservation of Property Values:
Due to the established commercial nature of the area, surrounding property values should
not be adversely affected.
APC # 2750-15 Page 2 of 3
Staff Report 9/4/2015
Utilities:
This site is served by municipal sewer and water.
Agency Comments:
The County Surveyor offers a favorable recommendation. City Engineering offers a
favorable recommendation, subject to the following conditions:
1)The vacation of the alley as shown on the preliminary site plan, along with the
following two conditions: a) dedication of an easement at the southeast corner of the
building to accomplish turns by long utility trucks; and b) closure of the existing
Mishawaka Avenue alley approach with curb and sidewalk;
2) Renewing the pavement in the east-west alley south of the building and the two alleys
leading to Nursery Court(since they will be the primary access to the loading area);
3) Providing a drainage plan for the site, which retains surface water on site, including
roof drainage. Any roof drains currently connected to sanitary sewer shall be disconnected;
4) Upgrading the sewer lateral(s) serving the building to the size and standard needed for
veterinary use; and
5) Provide details for ADA compliant sidewalk at the driveway approach crossing on
Mishawaka Avenue.
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:
This rezoning 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, and 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 mixed use.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Mishawaka Avenue has a mix of residential and commercial uses. This portion of the
commercial corridor is primarily mixed use with LB Local Business District at the
intersection of Mishawaka and 30th Street.
3. Most Desirable Use:
The most desirable use for this site is one that is consistent with the mixed use nature of
Mishawaka Avenue.
4. Conservation of Property Values:
Due to the established commercial nature of the area, surrounding property values should
not be adversely affected.
APC # 2750-15 Page 2 of 3
Staff Report 9/4/2015
5. Responsible Development And Growth:
It is responsible growth and development to allow this site to be used to its full
commercial potential.
Staff Comments:
This is a combined public hearing procedure,which includes a rezoning and two variances
from the development standards. The Commission will forward the rezoning to the
Common Council with or without a recommendation and either approve or deny the
variances.
The variances are as follows:
1) from the required minimum 39 off-street parking spaces to 0; and
2) from the required foundation landscaping to none.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved.
(1) 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 site will
be served by off-site off-street parking from the lot east of the alley. The absence of
foundation landscaping will be consistent with the rest of the businesses along Mishawaka
Avenue.
(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 variances requested will not impact
surrounding properties. There is a parking lot adjacent to the property which will service
the use of this site.
(3)The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. The entire length of both facades contain hard
surface improvements up to the foundation. Strict application of the ordinance would
require those to be removed, which would interfere with pedestrian and vehicular traffic.
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. The staff
recommends approval of both variances.
Analysis:
This rezoning is a responsible, adaptive-reuse of an existing building on a well-established
commercial corridor.
APC # 2750-15 Page 3 of 3
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Rezoning from:
"MU" MIXED USE DISTRICT to
"CB" COMMUNITY BUSINESS DISTRICT
N
MASTER ZONING KEY W T-` E
SOUTH SEND°SFZ SINGLE FAI'ILYAND TWO FAMILY DISTRICT
SOUTH BEND'V F?"URBAN CORRIDOR I'ULTIFAM ILY DISTRICT S
SOUTH BEND•'`OB"OFFICE BUFFER DISTRICT 1 inch = 100 feet
SOUTH BEND"MU"I'Lx EC USE DISTRICT J� /'1
SOUTH BEND"LB"LOCAL BUSINESS DISTRICT ARC # 2750-15