HomeMy WebLinkAboutAmend Zoning at 3620 Deahl Court from Light Industrial to Mixed UseORDINANCE No.
10425 -16
Passed by the Common Council of the City of South Bend, Indiana
February 22, 20 16
Attest:
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
February 23, 20 16
City Clerk
Approved and signed by me L-t4rclgo-, 20 l�
N0. 0 3-l�
ORDINANCE NO. I N2.3 -1 LV
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 3620 DEAHL COURT, COUNCILMANIC DISTRICT NO. 1 IN THE CITY
OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from LI Light Industrial to MU Mixed Use to
allow an adult day center and offices.
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:
Lot numbered two as shown on the recorded plat of the Gainey Minor Subdivision.
Subject to all legal highways, easements and restriction of record.
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 the Common Council
Attest:
City Cle
Presented
by me to the Mayor of the City
of South
Bend, Indiana on the
_day of
, 2 61�, at
o'clock
G, . m.
Approved and signed by me on the 2� day of Uri , 2 dle , at
q:ob'clock G' . m.
Mayor, City of Sout6 Ben diana
1 st READING !/ `!
PUBLIC FE; a ;NIG ').12-241(4
3rd READ!NG 21227-/I(o
NOT APPROVED
REFERRED
PASSED 2—/2-74I L9
Filed in Clerk's � coffer' �
Uri!' u b L I j s
JOHN VjowuL
CITY CLERK, SOUTH END, IN
t4:016"",
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
27 W. JEF E SON B V M 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571
Wednesday,e�ruary �l 2(��'�'
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Corvilla, Inc. to zone from LI Light Industrial District to MU Mixed Use District,
property located at 3620 Deahl Court, City of South Bend - APC# 2772 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Corvilla, Inc. was legally advertised on Thursday, February
04, 2016 and that the Area Plan Commission at its public hearing on Tuesday, February 16, 2016 took the
following action:
Upon a motion by John DeLee, being seconded by Phil Sutton and unanimously carried, the proposed
ordinance of Corvilla, Inc. to zone from LI Light Industrial District to MU Mixed Use District,
property located at 3620 Deahl Court, City of South Bend, is sent to the Common Council with a
FAVORABLE recommendation. Zoning this secluded and heavily- wooded parcel to allow an adult
day care center or other permissible uses within the MU Mixed Use District will allow the site to be
utilized to a greater potential without impacting adjacent properties.
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: Corvilla, Inc.
Kil Atchitecture Attn: Gregory A. Kil, NCARB, AIA Architect
Filed in Clerk's Office
FF8 } 12016
KA E'E- AAA, - t - )'VVLER
CITY CLI=P" " , <�END, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T J OS E PH C 0 U N T Y I N D I ANA. C 0 M/ A R E A P L A N
Staff Report
APC #
Owner:
Location:
Jurisdiction
2772 -16
Corvilla, Inc.
3620 Deahl Court
City of South Bend
Public Hearing Date: 2/16/2016
Requested Action:
2/5/2016
The petitioner is requesting a zone change from LI Light Industrial District to MU Mixed
Use District.
Land Uses and Zoning:
On site: On site is an existing institutional building.
North: To the north are industrial buildings zoned LI Light Industrial District.
East: To the east is a retail store zoned CB Community Business District.
South: To the south is a truck sales lot and an industrial building zoned LI Light
Industrial District.
West: To the west is a manufacturing facility zoned LI Light Industrial District.
District Uses and Development Standards:
The MU Mixed Use District is established to promote the development of the 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:
On this 17.19 acre site, only the southeast corner is developed. The existing 12,348 square
foot building is being internally retrofitted to accommodate an adult day center and
offices. The existing parking area provides 59 spaces and is screened from adjacent
properties by existing mature vegetation. A future 2,400 square foot maintenance building
is proposed, along with an expansion to an existing pavilion on the east side of the site.
No other site modifications are proposed.
Zoning and Land Use History And Trends:
This property has been zoned industrial since it was annexed into the city in 1990. This
area was rezoned from residential to manufacturing in 1985 to accommodate an industrial
park.
Traffic and Transportation Considerations:
Deahl Court has two lanes and ends in a cul -de -sac in front of this property.
Utilities:
This site will continue to be served by municipal sewer and water.
APC # 2772 -16 Page 1 of 2
Staff Repoli
Agency Comments:
2/5/2016
County Surveyor and the Department of Community Investment recommend approval.
City Engineer recommends approval, subject to the apporoval of a drainage plan. IDEM
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:
This petition is consistent with City Plan, South Bend Comprehensive Plan (November,
2006); Policy PF 7.3.3: Encourage the establishment of health and wellness centers.
Land Use Plan:
The future land use map identifies this area as light industrial.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Cleveland Road, east of the interchange with the US -31 Bypass has developed to serve
predominately industrial and office users.
3. Most Desirable Use:
The most desirable use for this property is one compatible with the office and industrial
uses in the area.
4. Conservation of Property Values:
Surrounding industrial and heavy commercial properties should not be adversely impacted
by the zoning change.
5. Responsible Development And Growth:
It is responsible growth and development to allow a suitable re- adaptation of an industrial
building that will not impact the use of adjacent properties.
Staff Comments:
The staff has no additional comments.
Recommendation:
Based on information available prior to the public hearing, staff recommends this petition
be sent to the Common Council with a favorable recommendation.
Analysis:
Zoning this secluded and heavily- wooded parcel to allow an adult day care center or other
permissible uses within the MU Mixed Use District will allow the site to be utilized to a
greater potential without impacting adjacent properties.
APC # 2772 -16 ----- _------ - - - -- _Page 2 oft
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Rezoning from: CITY OF SOUTH BEND
"LI" LIGHT INDUSTRIAL DISTRICT to
"MU" MIXED USE DISTRICT
MASTER ZONING KEY N
COUNTY "R "SINGLE F.AMILYDISTRICT
SOUTH BEND "SF1 "SINGLE FAMILYAND TWO FAMILYDISTRICT W E
SOUTH BEND "MF2" HIGH -DENS1 Y MU L71 IF MILYDISTRICT g
SOUTH BEND "OB" OFFICE BUFFER DISTRICT 1 inch = 400 feet
t SOUTH BEND "CB "COMMUNITYBUSINESS DISTRICT AP # 2772 ®16
SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRIC
�i
LAWRENCE P. 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 (S74) 23S -9S71
January 6, 2016
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
RE: APC #2772 -16 — Rezoning for property located at 3620 Deahl Ct.
Dear Council Members:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
January 11, 2016 Council meeting, and set it for public hearing at your February 22, 2016
Council meeting. The petition is tentatively scheduled for public hearing at the February 16,
2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will
be forwarded to your office by noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sinc ely,
,
Angela . Smith
Deputy Director
Fred h Clerk's O f e
i
JAN O 51 [u �
P
JOHN Unnani?
CITYCLERK, SOUTH! FEND, M
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W . ST 10 S E PH C O U N T Y I N D I ANA . C 0 M I A R E A P L AN
�3—icD
PETITION FOR ZONE MAP AMENDMENT
Citv 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:
3620 DEAHL CT
SOUTrIBEVD, INDIANA 46628
2) The property Tax Key Number(s) is /are: KEY- 025- 1013 - 022002
3) Legal Descriptions: LO.T NU11fB RED TWO AS SHOW t�V Di4 THE RECORDED PLAT OF THE GAINEY
WINOR SUBD.IFISI.ON, RECORDED ON.IUNE 18, 1999, AS DOCUMENT AV. 9927999 1.t1N' TFIE Or- OF THE
RECORDER OF ST JOSTWY COUNTY; IiVDIA.NA
4) Total Site Area: 17.19 ACRES
5) Name and address of property owner(s) of the petition site:
CORVILLA. INC.
3231 SUGAR XfAPLE BU5INESS CT.
SOUTH REND. INDIANA, 46625
5,74-289-9779
RTIIO.,WPSOYV'@- COR i'ILLA. ORG
Name and address of additional property owners, if applicable:
6) Name and address of contingent purchaser(s), if applicable:
Name
Address
City, :State Zip Code
Phone number Yvith Area Code
E- ;flail Address
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
From: Ll Light Industrial District
To: MU Mixed Use District
8) This rezoning is requested to allow the following use(s): OFFICES.. GROLP RESIDEA. TIAL, ADULT DAYCARE
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section):
1) List each variance being requested. Contact Commission Staff if you need assistance.
2) 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: Insert text
(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: Insert text
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: Insert text
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s) being requested: Insert text
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare: Insert text
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Insert test
(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: Insert text
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. Insert text
* In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
GRF,GOR.YA .KIL, NCARB, AL4 ARCHITECT
1126 LIATCOLN WAY EAST
SOUTII BEND, INDMATA, 46601
574 -288 -2654
GKIL@KLL4RCH17 :EC7`URE. COM
BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE -
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COUNTY COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of all property owner(s), or signature of Attorney for all property owner(s):
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Staff Report
APC #
Owner:
Location:
2772 -16
Corvilla, Inc.
3620 Deahl Court
Jurisdiction: City of South Bend
Public Hearing Date: 2/16/2016
Requested Action:
2/5/2016
The petitioner is requesting a zone change from LI Light Industrial District to MU Mixed
Use District.
Land Uses and Zoning:
On site: On site is an existing institutional building.
North: To the north are industrial buildings zoned LI Light Industrial District.
East: To the east is a retail store zoned CB Community Business District.
South: To the south is a truck sales lot and an industrial building zoned LI Light
Industrial District.
West: To the west is a manufacturing facility zoned LI Light Industrial District.
District Uses and Development Standards:
The MU Mixed Use District is established to promote the development of the 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:
On this 17.19 acre site, only the southeast corner is developed. The existing 12,348 square
foot building is being internally retrofitted to accommodate an adult day center and
offices. The existing parking area provides 59 spaces and is screened from adjacent
properties by existing mature vegetation. A future 2,400 square foot maintenance building
is proposed, along with an expansion to an existing pavilion on the east side of the site.
No other site modifications are proposed.
Zoning and Land Use History And Trends:
This property has been zoned industrial since it was annexed into the city in 1990. This
area was rezoned from residential to manufacturing in 1985 to accommodate an industrial
park.
Traffic and Transportation Considerations:
Deahl Court has two lanes and ends in a cul -de -sac in front of this property.
Utilities:
This site will continue to be served by municipal sewer and water.
APC # 2772 -16 Page 1 of 2
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