Loading...
HomeMy WebLinkAboutRezoning - 706 Eddy St. & 1111 Bissell ORDINANCE No . 10391-15 Passed by the Common Council of the City of South Bend, Indiana October 26, 20 15 Attest: � i City Clerk JOHN !e ' : Attest: + President of Common Council Presented by me to the Mayor of the City of Youth Bend, Indiana October 27, 20 15 tA.A.\-4)Crettt.--} City Clerk JOHN VOO E Approved and signed by me O1-0k - 2-7 / 20 15 /-�/ / Mme' ORDINANCE NO. 10 39,1-1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 706 EDDY ST AND 1111 BISSELL, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT 706 EDDY AND 1111 BISSELL ARE CURRENTLY ZONED SF2 AND ARE USED FOR A CHURCH AND PARKING LOT. WE SEEK TO CHANGE THE ZONING TO OB OFFICE BUFFER. POSSIBLE USES UNDER THE PROPOSED OB USE INCLUDE, BUT ARE NOT LIMITED TO GOVERNMENTAL USES, EDUCATIONAL USE, OFFICE/PROFESSIONAL SERVICES. WE ARE ALSO SEEING A SPECIAL EXCEPTION FOR FOOD SALES AND SERVICE AND PERSONAL SERVICES. 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: 706 EDDY STREET, SOUTH BEND, IN 46617. PARCEL 1: THE SOUTH ONE-HALF (1/2) OF LOTS NUMBERED ONE HUNDRED FOURTEEN (114) AND ONE HUNDRED FIFTEEN (115) AS SHOWN ON THE RECORDED SECOND PLAT OF PARK PLACE OR COQUILLARD AND RUSH'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, RECORDED OCTOBER 10, 1892 IN PLAT BOOK 6, PAGE 37 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNT, INDIANA. 1111 BISSELL, SOUTH BEND IN 46617 PARCEL III: LOT NUMBERED ONE HUNDRED SIXTEEN (116) IN THE SECOND PLAT OF PARK PLACE OF COQUILLARD AND RUSH'S FIRST ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as OB Office Buffer District. SECTION II. That a Special Exception for Personal services in a OB Office Buffer District 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 after its passage by the Common Council, approval by the Mayor, and legal publication. Member, the ommon Council Attes��`v �V City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Zl , day of ©c -obey , 2 c9tr , at tJ 33 o'clock G . m. G City Clerk , aytall Approved and signed by me on the 27 44 day of OClobej , 20.5 , at 3.30 o'clock P . m. Mayor, Ci of S h Bend, Indiana G Filed in C -,' c Office 1st READING o -L0 -t r PUBLIC HEARING 1,t)7Se'« cur c5 a'� act 26 2015 3 rd READING 10 r of 1 t.(19(0 4y {'7 0-vt NOT APPROVED L""' Jakii REFERRED f\t✓�- b ' � CITY CLERK,SV00 be (END,IN PASSED Lo_i_pca_.-L c ••°- TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 37-15 A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 706 EDDY ST. AND 1111 BISSELL, 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 no recommendation due to a lack of a quorum. This bill is also a substitute and was amended on the floor to take out of Section II the words "food sales and service and". 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: 706 EDDY STREET AND 1111 BISSELL STREET, SOUTH BEND, IN 46617 2) The property Tax Key Number(s)is/are: 018-5084-2967 AND 018-5084-2968 3) Name and address of property owner(s) of the petition site: FIVE CORNERS LLC. 814 MARIETTA STREET SOUTH BEND, IN 46601 574-233-1296 AHAYES @TELECOMPARK.COM 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: SF2 Single Family Two Family DistrictN/A To: OB Office Buffer District 6) This rezoning is requested to allow the following use(s): INCLUDE BUT NOT LIMITED TO: GOVERNMENTAL USE, EDUCATION USE, OFFICE/PROFESSIONAL SERVICES. WE ARE ALSO SEEKING TWO SPECIAL EXCEPTIONS FOR FOOD SALES AND SERVICE(LOW DENSITY FOOD SERVICES SUCH AS A COFFEE SHOP)AND PERSONAL SERVICES(SUCHASA BARBER SHOP OR BEAUTY SALON). 7) If applicable,a detailed description and the purpose of the variance(s)being requested: WE SEEK THE FOLLOWING VARIANCES: 1. FROM THE REQUIRED LANDSCAPING OF REQUIRED PERIMETER YARDS TO TWO(2)EVERGREEN TREES AND ONE(1) DECIDUOUS SHADE TREE ON THE NORTH PROPERTY LINE AND THREE(3) DECIDUOUS SHADE TREES ON THE SOUTH PROPERTY LINE;AND 2. FROM THE REQUIRED OFF-STREET PARKING AREA SCREENING ON THE NORTH, EAST, AND WEST PROPERTY LINES TO THE EXISTING 6'PRIVACY FENCE. 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: The variances will not be injurious to the community as they pertain to landscaping. We seek to maintain the currently exisiting privacy fence and landscaping and to augment it as recommended by the Area Plan Commission. (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 area adjacent to the property will not be affected in an adverse manner as we plan to maintain the privacy fence which offers more of a buffer between the properties than would landscaping. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: A strict application of the terms of this Ordinance would result in practical difficulties in the use of the property because it would require removing the current fence and replacing it with trees and it would require us to plant trees in a small space where it would be difficult for them to thrive due to existing vegetation. 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: Anne Hayes 814 Marietta St. South Bend, IN 46617 574-210-5167 ahayes@telecompark.com. Signatq'�/ ��o l pr J e ner(s),or signature of Attorney for all property owner(s): (/ G .�tJl/L p� Cbav1t5" C, (4 rS (ti(aKa •i 1 PreAtooet--- Five CornerS G-AG C LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director 1, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN WedesdayEESteptemberip6 la& 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 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 Five Corners LLC to zone from SF2 Single Family& Two Family District to OB Office Buffer District,and seeking a Special Exception Use to allow for food sales and services and personal services, and requesting the following two variances: 1) From the required landscaping of the required perimeter yards to 2 evergreen trees and 1 deciduous shade tree on the north property line and 3 deciduous shade trees on the south property line; and 2) From the required off-street parking area screening on the north, east,and west property lines to the existing 6' privacy fence, property located at 706 Eddy Street and 1111 Bissell Street,City of South Bend -APC# 2751-15. Dear Council Members: I hereby Certify that the above referenced ordinance of Five Corners LLC 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 Dan Brewer, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of Five Corners LLC to zone from SF2 Single Family& Two Family District to OB Office Buffer District, property located at 706 Eddy Street and 1111 Bissell Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Eddy Street(S.R. 23) is a heavily traveled arterial corridor. Rezoning this site to OB Office Buffer District with the limited Special Exception Uses permitted will allow for a responsible adaptive-reuse, while providing a buffer between the residential neighborhood and S.R. 23. Upon a motion by Dan Brewer being seconded by Oliver Davis and unanimously carried, the Special Exception Use to allow for food sales and services and personal services is sent to the Common Council with a FAVORABLE RECOMMENDATION. 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, Lawrence P. Magliozzi Attachment p CCSTIvNn s fndRSLELICCOUNT Y. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA 8 ROSELAND W W W.S T IO SE P N C OUNTYIN O I A N A.C OM/AR EA P LAN Staff Report 9/4/2015 APC # 2751-15 Owner: Five Corners LLC Location: 706 Eddy Street and 1111 Bissell Street Jurisdiction: City of South Bend Public Hearing Date: 9/15/2015 Requested Action: The petitioner is requesting a zone change from SF2 Single Family&Two Family District to OB Office Buffer District, seeking a Special Exception Use for Food Sales and Services and Personal Services, and seeking two variances from the development standards. Land Uses and Zoning: On site: On site is an existing building with an adjacent parking lot which has been used as a church. North: To the north are single family homes zoned SF2 Single Family&Two Family District. East: To the east are single family homes zoned SF2 Single Family& Two Family District. South: To the south across Bissell Street are single family homes zoned SF2 Single Family& Two Family District. West: To the west across Eddy Street are single family homes zoned SF2 Single Family&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 site consists of two lots with frontage on both Eddy Street and Bissell Street, and totaling 0.24 acres in size. There is an existing 1500 square foot building on the southwest corner of the site which previously served as a church. A parking lot providing 13 spaces is located on the east, with access to Bissell Street. Several existing trees exist on site, along with a 6'privacy fence around the parking lot. Additional trees and landscaping will be placed on site to screen from the adjacent properties. Zoning and Land Use History And Trends: Prior to the adoption of the zoning ordinance in 2004, this site was zoned residential. Traffic and Transportation Considerations: Eddy Street has four lanes. Bissell Street has two lanes with on-street parallel parking. APC # 2751-15 Page 1 of Staff Report 9/4/2015 Utilities: This site is served by municipal sewer and water. Agency Comments: County Surveyor recommends approval. City Engineering has not yet made comment. 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). Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The future land use map identifies this area as medium-density residential. Plan Implementation/Other Plans: The South Bend Northeast Neighborhood Development Area Plan identifies the following goals: 1: To ensure neighborhood stability and sustainability for the benefit of the current and future residents and business owners;and 4: To create employment opportunities through new retail and commercial development. 2. Current Conditions and Character: Eddy Street between Sorin Street and Campeau Street is primarily residential. The Perley Primary Fine Arts Academy elementary school is located on the northeast corner of Eddy and Campeau. Several non-residential uses are scattered along the Eddy Street between Campeau Street and South Street, with growing intensity and concentration as you move south. 3. Most Desirable Use: The most desirable use is one that promotes the economic development of South Bend while limiting the impact on surrounding residential properties. 4. Conservation of Property Values: The privacy fence and landscaping will provide screening between the site and surrounding properties, which should not be adversely affected. 5. Responsible Development And Growth: It is responsible growth and development to allow office-buffer uses to develop along arterial corridors. 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 Common Council with or without a recommendation and either approve or deny the variances. APC# 2751-15 Page 2 of 4 Staff Report 9/4/2015 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. The Special Exception Use is for Food Sales and Services and Personal Services. A special exception use may only be granted 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. This site has previously been used as a church. The proposed Special Exception Uses are low-impact uses appropriate for a major corridor and should not generate additional traffic to the site. (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. With proper screening, adjacent properties should not be adversely impacted. (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 proposed use is an adaptive reuse of an existing building. No major modifications are planned that would change the character of the area. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan. The comprehensive plan encourages a compatible mix of uses in the community. The variances are as follows: 1. from the required landscaping of required perimeter yards to 2 evergreen trees and 1 deciduous shade tree along the north property line and 3 deciduous shade trees on the south property line; and 2. from the required off-street parking area screening on the north, east, and west property lines to the existing 6' privacy fence. (1)The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The proposed privacy fence will provide the full screening buffer intended in the ordinance. The reduction in landscaping will not be injurious to the public health and safety. (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. The amount of proposed landscaping is sufficient for the size of this site. The 6'privacy fence will screen the parking lot from the surrounding properties. (3) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Due to its small size and dual-frontage, strict application of the ordinance would make the site difficult to develop. Recommendation: Based on information available prior to the public hearing, staff recommends that the rezoning petition and Special Exception Use be sent to the Common Council with a favorable recommendation. Staff recommends approval of both variances. Analysis: Eddy Street(S.R. 23) is a heavily traveled arterial corridor. Rezoning this site to OB APC# 2751-15 Page 3 of 4 Staff Report 9/4/2015 Office Buffer District with the limited Special Exception Uses permitted will allow for a responsible adaptive-reuse, while providing a buffer between the residential neighborhood and S.R. 23. APC # 2751-15 Page 4 of 4 _ _ . , , _ ,___. IILII , 1 I U' rf II k L;ii4- MU fc �`� r' SF2 SF2 no i ;' MF1 It. 1 _ 4 I..- ii pl 1 `T.1 f j I r I ,I I_ 1 I.4 - a r .'SF2 SF2 1 SF2 I ' SF2' - ' , ,)„," te'./\. v it I , --, i h- de Campeau ir„ MF1 ._;11� ,lSF2��i I " ,,SF \1,I I i, -,_. =: f MU ' : j, ...,A-_ - _ - ! SF2 �` III i"k i - .y, i ..:.0 I laifalri IG I " _ 1i_ 1-...le L.I.P4r{ II.-- I ��, SF2 , SF ,, t 'I ITH BEI'ID — `SF2 SF2 _ 7 r SF2 ; >^ r SF S a' SFI s ,: �f ssBl l - i A 11 I ' Ell =C3 lit I i SF2- L - 1111111.h J S SI2 q:— 1 �q ._� LB — T _ Sorin It 1 I r lSFI2 y SF2 I SF2 'SF2 `gFli SF2 MU e t J "' 1 { SF IL I SF2a..., Min er --R • SF2'~ ? _ . .n®�i i■ SF2,."?'DTI y - a z- Mini T Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "OB" OFFICE BUFFER DISTRICT N - MASTERZONING KEY w E SOUTH BE ND"SF2"SIN GLE FAMILYAND TWO FAMILY DISTRICT S SOUTH BEND"M Fl"URBAN CORRIDOR MULTIFAMILYDISTRICT 1 inch = 200 feet SOUTH BE ND'MW'MIXED USE DISTRICT SOUTH BE NC 'LB"LOCAL BUSINESS DISTRICT APC # 2751 -15 1., _ _,;_ =i ', 1 .r; Y hREZONIfJG I . °'r i ' _;{ #27511 I: I fi r.. sic ,7..„7:7-,..--.. 4, III!! .. . _ Fr ._ �. . r. •1 rrSr '• - 1, Y / s47° ..:,.s 1 - -: . ;•••;-.. ,-.>i" r Mi-Mine.: - r ' : '*, , - Ft .-c, r .f. ,. ..kr:,- ,4Y � ' y` i V ice` ar. .4'...,„1..2. i' }'\�°- ----- - __ _ . 4' .",9. ik • t 0 *..tiql1110' • - - '.:,...:,7 r A.,.,......, = ______. ..,..,, ,, . ,,,,..: ....,•:_„-. „If,. ,.„ ,-: ,,,.. -- t - .i.miumii .,4 _ -- ....;.-... _ - ' -" " 1 , , s ; ' L Er: l'"' l t_ e E�� 1:fr16 "1 i ' - _ ,„ !,,!..l.'1-3113r!,:',.: ...,,F, .,_ --- . .., .. ... .2,- Mill.- : - _ 5 oat .,_--1•''-'• '11 •.'(-: 7 r''." 17-- '"---' : 1:.- -. . 'r'r I -' J #'0. f r J'. rte, f' ` [ i fr . - F- 't — y�q 4.t 4a5�` -. 1 , t: , • l r• ,� •E3; . _. 5 r - .ra-0; k ` �i 4r .,1 1 ,: - 7 1.5121.1k1411:_-—.Ir •-Y r. ^T . : —w.• ,- . milli . 411 1,.:EC ..,'. : : . . ,: .. _, f.... . ,; .• . — • •.• amENIF . . , - , .„, , ..4 -;r _, -,-:...„:.L.-.; -%.T,,,...0,41w-2...:7",- : r. t-t;• ,,' *ii;_____ 2 ,_.,. mr......;: , , , : :.wkiai,... is.. . -. _„*i - '. . .. ' ' 77:i-3---1 . ' w .., ,IA , ,,,7...4'. }h ,- i= J . - _ - i"'.. ! A.l .G _ . I - Ai'..... • .i.,,....:,, ,...,i:,....- .. , ,.., ,.;.,...9,..,„^, .. , ., ma y t.:r.-..,A f- .� I' -1�r fT TT .y'*.l< �_�_ tv.a�m-. .. .ef Y '` T '-• :?;. ,, (r. ~,_�'I� _ _ 6' •;i �F It r� dk 3--' 1 `r. m,z, �.- r �, m r-- -wi�+�11-i 1 1 c 1 1'-I=.tL 0 0'-I e e I , ,.. �� F = PORTb, GE,TOWNSHIP ` -1 .:.:L17,,, .. ....-. :, ,..:. ...31.4.W.:-:-. ',-:...\'...,-_:- --*- ,, ' ...;',;',„- ,,.,:,.'..22---;-$:cL ,-,: - -1