HomeMy WebLinkAboutAmending the Zoning Ordinance and Requesting a Special Exception at 3055 Edison Rd.ORDINANCE No. 10420-16
Passed by the Common Council of the City of South Bend, Indiana
January 25, 20 16
Attest:
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 25, 20 16
City Clerk
Approved and signed by me 2 20
ORDINANCE NO. a + ID— G
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION
FOR PROPERTY LOCATED AT 3055 EDISON ROAD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF
SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
REZONING TO OB OFFICE BUFFER DISTRICT TO ALLOW USES PERMITTED WITHIN, AND
SEEKING A SPECIAL EXCEPTION USE TO ALLOW FOR 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, 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 THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP38 NORTH, RANGE 3 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 2120.15
FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE NORTH A DISTANCE OF
220 FEET; THENCE EAST A DISTANCE OF 140 FEET; THENCE SOUTH A DISTANCE OF 220 FEET TO
THE SOUTH LINE OF SAID SECTION 32; THENCE WEST ALONG SAID SOUTH LINE OF SECTION 32, A
DISTANCE OF 140 FEET TO THE PLACE OF THE BEGINNING (COMMONLY KNOWN AS 3055 EAST
EDISON ROAD, SOUTH BEND INDIANA 46615).
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 afte ' e by the Common Council,
approval by the Mayor, and legal publication.
Member of the Common Council
Attest:
City Cl
Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of (` ,
20-k—, at q',30 o'clock 6.m.
rty Clerk
Approved and signed by me on the day of 744 P 17, 20 �� , at q -'do'clock
q M.
1 st READING ( —( r
PUBLIC HEARING I I I U
3rd READING )I I J- w
NOT APPROVED
REFERRED
PASSED
Mayor e Cit uth Bend, Indiana
NOY 04 CO 1 b
LAWRENCE P. MAGLIOZZI
E X E C U T I V E 6 "40- --w- W.�
a r1dom
D I R E C T O R
Angela M. Smith
Deputy D i r c c t o r
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOU 1.1 -1 BLIND, INDIANA 46601 (574) 235 -9571
Wednesday, December 16, 2015
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Sonora Properties of Indiana LLC to zone from LB Local Business District to OB
Office Buffer District, seeking a Special Exception Use to allow for personal services, and seeking the
following two variances: 1) from the required landscaping of required perimeter yards and residential
bufferyards for the northernmost 90' of the west property line to the existing landscaping; and 2) from the
required off - street parking area screening to none along the north, east, and west parking lot boundaries,
property located at 3055 Edison Road, City of South Bend - APC# 2768 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Sonora Properties of Indiana LLC was legally advertised
on Thursday, December 03, 2015 and that the Area Plan Commission at its public hearing on Tuesday, December
15, 2015 took the following action:
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the
proposed ordinance of Sonora Properties of Indiana LLC to zone from LB Local Business District to
OB Office Buffer District, property located at 3055 Edison Road, City of South Bend, is sent to the
Common Council with a FAVORABLE recommendation. 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 Edison Road.
Upon a motion by Dan Brewer, being seconded by Robert Hawley and unanimously carried, the
Special Exception Use to allow for personal services was sent to the Common Council with a
FAVORABLE recommendation.
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: Sonora Properties of Indiana LLC
Janice Hensel
Filed erl
1. �d
�
joh
CI Ty y V CLER"
ice
Iii
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND
W W W . S T J DS E PH C D U NT Y I N D I ANA. C O M / A R E A P i- A N
Staff Report 12/4/2015
APC # 2768 -15
Owner: Sonora Properties of Indiana LLC
Location: 3055 Edison Road
Jurisdiction: City of South Bend
Public Hearing Date: 12/15/2015
Requested Action:
The petitioner is requesting a zone change from LB Local Business District to OB Office
Buffer District, seeking a Special Exception Use for Personal Services, and seeking two
variances from the development standards.
Land Uses and Zoning:
On site: On site is an existing single family home equipped as a salon.
North: To the north are the soccer fields of Bohem Park zoned SF 1 Single Family
& Two Family District.
East: To the east is an open field of Bohem Park zoned SF 1 Single Family &
Two Family District.
South: To the south across Edison Road are single family homes zoned SF Single
Family & Two Family District and a church zoned MF2 Urban Corridor
Multifamily District.
West: To the west is a single family home zoned SFI 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 quas i-go vem mental 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:
Existing on this 0.6 acre site is a vacant residential structure which has been modified into
a hair salon with an attached garage. A paved lot with 15 parking spaces is provided to
the east of the house. The property is surrounded on three sides by mature trees.
Zoning and Land Use History And Trends:
This property was rezoned in 2005 from SF I Single Family & Two Family District to LB
Local Business District with the written commitment that the use of the property be
limited to a full - service beauty salon.
APC 4 2768 -15 Page 1 of 4
Staff ReVort 12/4/2015
Traffic and Transportation Considerations:
Edison Road has four lanes and a center turn lane.
Utilities:
The site is served by municipal water and sewer.
Agency Comments:
County Surveyor recommends approval. City Engineer notes that all landscaping must be
installed on private property and not located on the public right -of -way.
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 low density residential.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Edison Road between Rockne and Hickory consists of single family and multifamily
residential, with a commercial node near the intersection with Hickory.
3. Most Desirable Use:
The most desirable use is residential or low- impact office uses.
4. Conservation of Property Values:
Surrounding property values should not be negatively impacted due to the fact that this is
already zoned for, and being used as, a beauty salon.
5. Responsible Development And Growth:
It is responsible development and growth to allow this property to be down -zoned to the
OB Office Buffer District.
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.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
APC # 2768-15 Page 2 of 4
Staff Report 12/4/2015
met before a variance or Special Exception Use can be approved.
The Special Exception Use is for 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 beauty salon. The proposed Special Exception Use
is low- impact and appropriate for a major corridor. It 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 and residential bufferyards
for the northernmost 90' of the west property line to the existing landscaping; and
2) from the required off - street parking area screening to none along the north, east, and
west parking lot boundaries.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved. The standards and their justifications are as
follows:
(1) The approval will not be injurious to the public health, safety, morals, and general
welfare of the community.
The property is already screened on three sides by dense vegetation. Because the property
to the north and east is a large open park area, it would not be injured by lack of parking
screening where other screening already exists.
(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.
Surrounding property values will not be adversely affected because the perimeter
landscaping will effectively screen the parking lot.
(3) The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property.
APC # 2768 -15 Page 3 of 4
Staff Report
12/4/2015
Strict application of the landscape regulations would require the site to have redundant
landscaping.
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:
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 Edison Road.
APC 4 2768 -15 Page 4 of
ig' Or
NI
RYA'
`
1
in, ft":
�� 4 r •: ice! ..y,= .. .. "_... - �;.
SF1
Sri
Y 1i 1
rt. -
-!.
J.
lie
ws' -
� ,{ ` �.• - ,ql/1 , .ururC Y.. /lMIT' 3.(n+ .s,V ., f�•
t i
A— a
V. SOUTH BEND
_ Etlison
_ +a -� a.�.r, :`I�..+��wCr.�ab"' -. �x1Sr�' '�•�+s. t•� - 1� �, •al'��Je .- - �,:.J: rt.ieirdra �:�'��� aiC
+,.,ly' r �.4 p+ �, `N J� i (! I iii �- I^ b•' Y f d.
1 C A k�. � 4 MF2' •="�+„r .SF1- SF1 TV
a
'SF1 1 FUMWt 41 P ri 0�
p � / � ! ,•i^iTY, �'iFI11�iT +iL �'. 5 L' f' '1 - 1 �' J 1
F 1 FFF p,�. .A
+4 41 INYoodwara
�, � �t • . ` .i Y� Y1 ��:lgll -1�� YI v r�'_ . .. t ���,RJ -
,r. I+ r. r •� � � rk3 0 !i jj�,,'' I 1 � � a� 7 ,j , � ��a•.. ! .�
f
'
Q t• 1
Rezoning from:
"LB" LOCAL BUSINES DISTRICT to
"OR" OFFICE BUFFER DISTRICT
N
MASTER ZONING KEY
SOUTH BEND "SF1" SINGLE FAMILYAND TWO FAMILY DISTRICT w � E
SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT s
SOUTH BEND 1-44 MIXED USE DISTRICT 1 inch = 200 feet
SOUTH BEND "LB" LOCAL BUSINESS DISTRICT APC # 2768-15
PETITION FOR A COMBINED PUBLIC HEARING
City of South Bend, Indiana
I (we) the undersigned make application to the City of South Send Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at: 3055 Edison Road, South Bend, IN 46615
2) The property Tax Key Number(s) is /are: 02410010442
3) Name and address of property owner(s) of the petition site:
Sonora Properties of Indiana LLC
525 N. 17'" Street
Niles, MI, 49120
269- 362 -4080
julidon2 @gmail.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: LB Local Business District Additional zoning district, if applicable
To: OB Office Buffer District
6) This rezoning is requested to allow the following use(s): Any uses allowed in OB Office Buffer and an exception
for personal services uses as well.
7) If applicable, a detailed description and the purpose of the variance(s) being requested: Variances in the site
plan based on adequate existing screening.
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 current existing screening is adequate in areas where a variance is requested.
(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: Use and value of adjacent properties will be enhanced by making it
possible to sell or lease to a good user rather than continue to have it-sit vacant. Additional
unnecessary screening would not have any additional benefit to the adjacent properties.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: Requiring unnecessary additional screening where adequate screening already exists
would result in an undue financial hardship on the owners who have already carried the expenses of
this vacant property for a long time.
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: In addition to the
uses allowed in OB Office Buffer, we are requesting an exception to OB to also allow personal services uses,
including hair salons and nail salons. Although the property is well suited for a variety of office uses, it is currently
configured for use as a hair salon, we need to keep it open for personal services uses as well to have a greater
chance of obtaining a tenant or a sale to EITHER office or personal services users.
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: Granting the personal services uses will not be injurious as
that it what it is currently approved for.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Granting the personal services uses will not be injurious as that it what it is currently
approved for.
(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: It will be consistent because it is already approved for a hair salon.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. It is already approved for use as a hair salon/LB.
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:
Janice Hensel
2477 Lake Street
Niles, MI49120
574- 298 -4319
jdhensel87@gmail.com
tu-r/e(,,$), of all roperty owner(s), or signature of Attorney for all property owner(s):
1.1 A*-�� I- (�91'Afi4w-
d hi s RT S 0 rye@
E - 4 X41u
JoHn 4,
CIT1f CLER6t, SOU "0 f'F .. i , IN
PRELIMINARY SITE PLAN REQUIREMENTS
A. Tabulated (listed) Data (Note: data are for illustrative 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%
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
10,000s
50%
1 story; 32'
Sub -Total
20,000 sf
100%
d. Residential
HEIGHT
# OF UNITS
BEDROOMSIUNIT
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 per use 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.
k' led in C!ark's ®ffICr;
QN - 4 2015
H w V� ---'
CM CLERK, ���'i'�
4
pig
1
� S
x o
7
15
a
w
z
rn
Z
cn v
Fn-
I ,w
I-
O
A
o I
r
m
e �
�Q
Q 0
A
0
I
O
s
PARKING LOT
D Z
N W
�Q m
2
j � 1
1 1
v
r
to
I-
a
i
+
� � I
+ o
O
Il
,3
O �J
I
m ;a
zM� a�
rn N sN
vii o g o p
0`h �^O
of
m m =N
rri C Z ;u
z _ ® m N
m N
N
Filed ��,� Filed �e. - � m
Nov 2415 a
m
' a'S" Yr�j r �F a >lylsrS►�Yb' ►IRS�1r��Td$�9
name-1
mailingadd
mailingcit
CSP PROPERTIES LLC
58217 Sommerset Place Blvd
Goshen
HYER REBECCA J & ALBERTSON DENNIS K JOINT TENAN- 3021 Kettering Dr
South Bend
HARLAN MARY V LIVING TRUST
MARY V HARLAN RETAINS A LIFE ESTATE
9032 Summer Club Road
Charlotte
LARGIN VERNITA E
1512 HASS DR
South Bend
MOORE GEOFFREY & SARI
1511 Hass Dr
South Bend
SONORA PROPERTIES OF INDIANA LLC
525 N 17TH
Niles
SIMPSON YVETTE
1335 Brummitt Ln
South Bend
KING COURTNEY L
3014 Kettering Dr
South Bend
BENSON TIMOTHY S & LAUREN A
3022 Kettering Dr
South Bend
FORNANGO RICHARD & MARY KIM
3104 Kettering Dr
South Bend
TRAN PHUONG T
1336 Brummit Ln
South Bend
HAWKINS JUDITH A & CHAPLA DENNIS C
18040 Bariger PI
South Bend
SELLERS HARLEY GUS
77 -6409 Kilohana St
Kailua Kona
LAKESIDE GROUP INC
2300 Fairway Dr.
Long Beach
GENETTI JOHN A AND KARIN A
41748 N Iron Horse Dr
Anthem
PLOUGHE DAVID
1326 Brummit Lane
South Bend
BUDD THOMAS & BUDD SANDY J
12076 Lupine Ln
Granger
GATES DAVID L & NANCY A
3112 Kettering Dr
South Bend
SOHRAB ALIAKBAR & SARAMAGHAN NASTARAN
1332 Brummitt Ln
South Bend
BLAUVELT WILLIAM J
17631 Cobblestone Ct
South Bend
WATERFORD GLEN LLC
3012 Edison Rd
South Bend
LIGHTHOUSE BAPTIST CHURCH INCORPORATED
3050 Edison Rd
South Bend
GREAT RETURNS LLC
15 W 219 Conkord St ste 600
Elmhurst
EVANGELICAL COVENANT CHURCH OF S B
3025 E Edison Rd
South Bend
EVANGELICAL COVENANT CHURCH OF S B
3025 E Edison Rd
South Bend
CITY OF S BEND PUBLIC PARKS
321 E Walter St
South Bend
mailingsta mailingzip
IN 46528
IN 46635
NC
28277
IN
46635
IN
46637
MI
49120
IN
46615
IN
46635
IN
46635
IN
46635
IN
46615
IN
46637
HI
96740
IN
46360
AZ
85086
IN
46615
IN
46530
IN
46635
IN
46615
IN
46635
IN
46615
IN
46615
IL
60126
IN
46635
IN
46615
IN
46614
OFFICE OF THE CITY CLERK
TO: AREA PLAN COMMISSION
DATE: November 10, 2015
At its meeting held on November 9th, 2015 the Common Council of the City of
South Bend referred to you for review and recommendation the following item:
72 -15 A BILL AMENDING THE ZONING ORDINANCE AND
REQUESTING A SPECIAL EXCEPTION FOR PROPERTY
LOCATED AT 3055 EDISON ROAD, COUNCILMANIC DISTRICT
NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
If I can be of any assistance to you in this matter, please do not hesitate to contact this
office.
CITY CLERK
JOHN VOORDE
Janice Talboom
DEPUTY