HomeMy WebLinkAboutRezoning - 1714 & 1716 S. Michigan St. ORDINANCE No . 10398-15
Passed by the Common Council of the City of South Bend, Indiana
November 9, 20 15
Attest: 4,.„. ✓ Ci ty Clerk
JOHN VOORDE
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 10, 20 15
a City Clerk
JOHN VOORDE
Approved and signed by me U OV eM h l 10 , 20 ) 5
%�-s -#"1"1 Mayor
ORDINANCE NO. L 0 3 g_ (
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES
LOCATED AT 1714 AND 1716 SOUTH MICHIGAN STREET, SOUTH BEND,
INDIANA, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM MU MIXED USE
DISTRICT TO LB LOCAL BUSINESS DISTRICT TO ALLOW FOR A LIQUOR STORE
AND/OR OTHER PERMITTED LB LOCAL BUSINESS USES.
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:
A part of the Southwest Quarter of Section 13, Township 37 North, Range 2 East,
Portage Township, St. Joseph County, Indiana which is described as: Lots # 1 and 2 of
the plat of"Dubails' 151 Addition" as recorded in the records of the St. Joseph County,
Indiana Recorder's Office.
Containing 0.36 acres more or less.
Subject to all legal highways, easements and restrictions of record.
be and the same is hereby established as LB Local Business District.
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the .mmon o approval by the Mayor, and legal publication.
_�
Member of the Common Council
Attest: cAAA
lir
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the I c�-
day of tJ{J�,,,n;�e„- , 20 ill?ill? , at I `. 3s o'clock 1e.�- .m.
2
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City Cle d i O,,,,.
Approved and signed by me on the /04 day of NOVe".6Le- ,
20 3 5 ,at 5 3D o'clock i> .m.
Mayor of-tile-tit,�,' outh Bend, Indiana
' Filed in Clerk's Office
1! READING -� f-1,f' EE9I5
�
PUBLIC HEARING L �J t
3 rd READING 1, l—S-1 S— JOHN wt . -.E:::
NOT APPROVED CITY CLERK,soum EMND,114
REFERRED et-P' t—tc(4 Y
PASSED tt_k_tS�
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
49-15 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTIES LOCATED AT 1714 AND 1716 SOUTH
MICHIGAN STREET, SOUTH BEND, INDIANA,
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 and 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 subject property is located at:
Properties located 1714 and 1716 South Michigan Street, South Bend,Indiana.
2) The property Tax Key Number(s)is/are:
18-7042-1653 18-7042-1654
3) Name and address of property owner(s)of the petition site:
Joseph T.Taylor, Sr.
4454 Huron Street
South Bend,Indiana 46619
574-383-1193
4). Name and address of contingent purchaser(s),if applicable:
N/A
E-Mail Address N/A
5) It is desired and requested that this property be rezoned:
From: MU Mixed Use District,
To: LB Local Business District
6) This rezoning is requested to allow the following use(s):
To allow for a small Liquor store and or other LB Local Business District uses.
Attached,and made a part of this PETITION, is:
(a)a copy of a legal description of the property;
(b)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;
CONTACT PERSON:
Name: Danch,Harner&Associates,Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574-234-4003 mdanch @danchharner.com
Signature(s)of All Property owner(s),or
signature of Attorney for all pro e owner(s):
Filed in ;Iirk's Office
Ow iloseaylor,Sr. ill
JOHlVOORDE
CITY CLERK,SOUTH BEND,IN
LEGAL DESCRIPTION
A part of the Southwest Quarter of Section 13, Township 37 North, Range 2 East,
Portage Township, St. Joseph County, Indiana which is described as: Lots # 1 and 2 of
the plat of"Dubails' 15` Addition" as recorded in the records of the St. Joseph County,
Indiana Recorder's Office.
Containing 0.36acres more or less.
Subject to all legal highways, easements and restrictions of record.
Filed in Clerk's Office
? --92015
L JOHN WORDS
CITY CLERK,SOUTH DENO,IN 1
C LAWRENCE MAGLIOZZI
EXECUTIVE DIRECTOR
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) 235-9571
Wednesday,October 21,2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Joseph T. Taylor, Sr.to zone from MU Mixed Use District to LB Local Business
District, property located at 1714 and 1716 South Michigan Street,City of South Bend-APC#2757-15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Joseph T. Taylor, Sr. was legally advertised on Thursday,
October 08,2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20,2015 took the
following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried,on a
proposed ordinance of Joseph T.Taylor, Sr.to zone from MU Mixed Use District to LB Local
Business District, property located at 1714 and 1716 South Michigan Street, City of South Bend, is
sent to the Common Council with a FAVORABLE recommendation. Allowing this vacant commercial
property to rezone to LB Local Business District will provide a greater range of allowable uses,further
supporting Michigan Street as an important neighborhood business 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, LC
Lawrence P. Mag�zzi
Attachment
CC: Joseph T.Taylor, Sr.
Danch, Hamer&Associates
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND
wwW.STJOSEPMCO UMTYIN OIAMA.COMt AREAPLAN
Staff Report 10/7/2015
APC# 2757-15
Owner: Joseph T. Taylor, Sr.
Location: 1714 and 1716 South Michigan Street
Jurisdiction: City of South Bend
Public Hearing Date: 10/20/2015
Requested Action:
The petitioner is requesting a zone change from MU Mixed Use District to LB Local
Business District, and seeking one variance from the development standards.
Land Uses and Zoning:
On site: On site is an existing mixed-use residential and commercial building.
North: To the north is a commercial building zoned MU Mixed Use District.
East: To the east is a single family home zoned SF2 Single Family &Two
Family District.
South: To the south is a vacant pool supply store zoned MU Mixed Use District.
West: To the west across Michigan Street is a restaurant zoned LB Local Business
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:
This site consists of two lots, totaling 0.36 acres. The existing building,which will remain
on site,consists of a retail storefront and a residential-type structure in back. The existing
storefront was constructed adjacent to the sidewalk, as is common with many commercial
structures along this corridor. The petitioner is showing a newly paved surface lot.New
and additional landscaping will be installed between the parking lot and the sidewalk
along Michigan Street and along the alley in rear. Access to the site will be from the
public east-west alley to the north. The primary customer entrance for the retail portion of
the site would be along Michigan Avenue. The second floor is proposed as office space
with access from the parking lot.
Zoning and Land Use History And Trends:
This site has been zoned MU Mixed Use District since 2004.
Traffic and Transportation Considerations:
Michigan Street has three northbound-only lanes and on-street parking on both sides.
APC # 2757-15 Page 1 of 3
Staff Report 10/7/2015
Utilities:
This site will continue to be serviced by municipal sewer and water.
Agency Comments:
',ounty Surveyor recommends approval. City Engineer recommends approval, subject to
approval of a drainage plan and also notes that the alley to the north requires clearance of
brush and vegetation, and that the trees along Michigan Street require trimming to provide
line-of-sight from the alley to Michigan Street traffic to at least 7' above the sidewalk.
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 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:
The Southeast Neighborhood Strategic Action Plan(1995) identifies this area as a
commercial corridor.
2. Current Conditions and Character:
Main Street and Michigan Street form an arterial commercial corridor that extends from
downtown South Bend to Ireland Road.
3. Most Desirable Use:
The most desirable use is one that is compatible with the mixed-use nature of the area,
while limiting any negative impact on the residential properties to the east.
4. Conservation of Property Values:
Due to the nature of the existing commercial properties along this corridor, surrounding
property values should not be adversely affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow properties along commercial corridors
to adapt to better accommodate market demand.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and 1 variance
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
variance.
APC # 2757-15 Page 2 of 3
Staff Report 10/7/2015
The variance is as follows:
1) 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 absence of foundation landscaping will be consistent with
the rest of the businesses along Michigan Street.
(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. Perimeter landscaping and parking
screening are being added,which will enhance the area.
(3)The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. Since the building is built up to the sidewalk,there is
not adequate spacing to install landscaping without modifying the existing structure.
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 variance.
Analysis:
Allowing this vacant commercial property to rezone to LB Local Business District will
provide a greater range of allowable uses, further supporting Michigan Street as an
important neighborhood business corridor.
APC# 2757-15 Page 3 of 3
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Rezoning from:
"MU" MIXED USE DISTRICT to
"LB" LOCAL BUSINESS DISTRICT
MASTER ZONING KEY N
SOUTH BEND "SF2" SINGLE FAIv1ILY AND TWO FAMILY DISTRICT '4*
W 9� E
)Y�..
SOUTH BEND "MU' MIXED USE DISTRICT �
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT S
1 inch = 150 feet
SOUTH BEND "GB" GENERAL BUSINESS DISTRICT t
SOUTH BEND "LI' LIGHT INDUSTRIAL DISTRICT APC # 2757-'I t