HomeMy WebLinkAboutBill 13-16 Rezoning 424, 426, 430 Cushing St. and 726, 736 Lincolnway Westr 1 a
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) 235 -9571
March 8, 2016
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
RE: APC #2774 -16— Rezoning for 736 Lincolnway West
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 March 14,
2016 Council meeting, and set it for public hearing at your April 25, 2016. Council meeting. The
petition is tentatively scheduled for public hearing at the April 19, 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.
Sincerely,
Matthew P. Chappuies
Planner
CC: Kathy Cekanski- Farrand
Filed in Clerk's Office
MAR 0 9 2916
KARI—=E AH FOWLER
CITY CLI=NK, SOUTH SEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W WW S T J O S E PH C 0 U N T Y I ND I ANA. C OM / A REAP LAN
awle"W"
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 ( 5 7 4 ) 235 -9571
April 20, 2016
South Bend Common Council
4t' Floor, County -City Building
South Bend, IN 46601
RE: Bill # 13 -16
Rezoning: 424, 426, 430 Cushing Street and 726, 736 Lincolnt/ay West
Dear Council Members:
The Area Plan Commission held a public hearing on April 19, 2016 for the above reference petition. This
petition is set for public hearing before the Common Council on Monday, April 25, 2016.
Ordinance & Petition Amendments:
None
Public Hearing Summary:
There was 1 person that spoke in favor to the proposed rezoning. Michael Divita from the Department of
Community Investment spoke in support of the project and encouraged the petitioner to develop the design
of the building in compliance with the West Side Main Streets design standards.
If you have any further questions, please feel free to contact me at (574123 5-957 1.
Sincere
atthew Cha ies
Planner
CC: Kathleen Cekanski - Farrand
Filed in Clerk's Ofiice_��.
APR 2 0 2016
KAREEMAH FOWLER
CITYCLERK, SOUTH - 9FNI") 1�J
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W . S T J O S E PH C O U N T Y I N D ]ANA. C 0 M/ A R E A P L A N
a Pt -
S&
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AN COMMISSION OF ST. JOSEPH COUNTY, IN
Apriff M. 215f6lRSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Wadad El- Ammori, George Kalafat, and Lincoln Park Development LLC to zone
from CB Community Business District and SF2 Single Family & Two Family District to MU Mixed Use
District, property located at 424, 426, 430 Cushing Street and 726, 736 Lincolnway West, City of South Bend -
APC# 2776 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Wadad El- Ammori and George Kalafat and Lincoln
Park Development, LLC was legally advertised on Thursday, April 07, 2016 and that the Area Plan
Commission at its public hearing on Tuesday, April 19, 201.6 took the following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the
proposed ordinance of Wadad El- Ammori, George Kalafat, and Lincoln Park Development LLC to
zone from CB Community Business District and SF2 Single Family & Two Family District to MU
Mixed Use District, property located at 424, 426, 430 Cushing Street and 726, 736 Lincolnway
West, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.
The rezoning of this site, along with the proposed alley vacation, will create a larger, cohesively
zoned parcel ideal for development. The proposed retail store will eliminate what are currently
vacant lots, and provide goods to neighborhood residents.
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 i
Attachment
CC: Wadad El- Ammori
George Kalafat
Lincoln Park Development, LLC
Dubin Singer PC, Attn: David Yontz
Filed in Ci 'r! "s O'f; ^e �
Z ti.✓
1
[APR 2 0 2016
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T J O S E P H C O U N T Y I N D I ANA. C O M/ A R E A P L A N
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 424,426 & 430 CUSHING STREET AND 726 & 736 LINCOLNWAY
WEST, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property for a retail store.
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:
Lots numbered 1 through 4 as shown on the recorded plat of Heintzmans Addition to
the City of South Bend, Indiana and Lot numbered 6 as shown on the recorded plat of
Kunstman's First Addition to the City of South Bend, Indiana
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 Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
1 st READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED .
4ASSED
City Clerk
day of
Mayor, City of South Bend, Indiana
2 , at
Filed in Clerk's Office
MAR 0 9 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
Staff Report 4/7/2016
APC # 2776 -16
Owner: Wadad El- Ammori
Location: 424, 426, 430 Cushing Street and 726, 736 Lincolnway West
Jurisdiction: City of South Bend
Public Hearing Date: 4/19/2016
Requested Action:
The petitioner is requesting a zone change from S172 Single Family & Two Family
District and CB Community Business District to MU Mixed Use District.
Land Uses and Zoning:
On site: On site is a vacant parking lot.
North: To the north across Lincolnway West is a bank and a gas station zoned LB
Local Business District.
East: To the east is a retail store zoned CB Community Business District.
South: To the south are vacant lots zoned SF2 Single Family & Two Family
District.
West: To the west across Cushing Street is the South Bend Heritage Foundation
zoned MU Mixed Use District and a single family home Zoned SF2 Single
Family & Two Family 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:
The site plan shows an 8,225 square foot retail building situated on the northwest corner of
this 0.9 acre site. Access to the 30 -space parking lot is proposed from both Cushing
Street and Lincolnway. An alley divides the lot at this time, but is proposed to be vacated.
Zoning and Land Use History And Trends:
A portion of the site, known as 426 Cushing Street was rezoned from CB Community
Business District to SF2 Single Family & Two Family District in 2011 for a single family
home, which was never built.
Traffic and Transportation Considerations:
Cushing Street has two lanes. Lincolnway West has two lanes and a center turn lane, along
with on- street parking adjacent to the site.
Utilities:
This site will be served by municipal sewer and water.
APC 4 2776 -16 Page 1 of 3
Staff Report
Agency Comments:
4/7/2016
County Surveyor recommends approval. City Engineer recommends approval, subject to
review and approval of engineering plans for drainage, water, sewer, and other
infrastructure improvements on site. Department of Community Investment recommends
approval, but recommends that Smart- Streets principles be used to enhance the site, and
the facade be constructed according to the West Side Main Streets Design Guidelines.
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 the West Side Main Streets Plan (2014): Create Destinations
and Focus Retail into Nodes rather than Strip Development.
Land Use Plan:
The Future Land Use Map identifies this area as a Neighborhood Commercial Node.
Plan Implementation /Other Plans:
There are no other plans for this area.
2. Current Conditions and Character:
Lincolnway West between downtown South Bend and Sherman Avenue is a neighborhood
commercial corridor with a mixture of commercial and residential uses.
3. Most Desirable Use:
The most desirable use is one that is compatible with the mixed use nature of the corridor.
4. Conservation of Property Values:
Due to the existing commercial nature of Lincolnway West, surrounding property values
should not be adversely affected.
5. Responsible Development And Growth:
It is responsible development and growth to rezone this property to MU Mixed Use District,
the most prevalent zoning district in this neighborhood corridor, and also the most
appropriate based on the MU Mixed Use development standards.
Combined Public Hearing
The petitioner is seeking the following variances:
1) From the required minimum 50% of a building's front facade to be located within the
minimum and maximum setback to 39% along Lincolnway West;
2) From the required minimum 20' parking setback along Lincolnway West to 15% and
3) From the maximum allowable 8,000 square feet for a single retail use to 8,225 square feet
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:
Only a small portion of two parking spaces will be encroaching into the 20' setback. The
proposed structure is 3% larger than what is allowed. The relatively small variations
requested are consistent with the character of the area and will not be injurious to the
APC # 2776 -16 Page 2 of 3
Staff Report 4/7/2016
general welfare of the community. The petitioner is providing all the appropriate buffering
and screening.
(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 use of off - street parking area screening landscaping will minimize the impact of the
parking being located closer to the right of way. The slight increase in building size will not
adversely affect surrounding property values.
(3) The strict application of the terms of the zoning ordinance will result in practical difficulties
in the use of the property:
The irregular shape of the parcel creates a practical difficulty in meeting the strict
application of the maximum building setback and parking setback. The proposed retail
building is based on a pre- designcd square footage calculation that has been optimized for
the store's success. The strict application of the ordinance would force the developer to
alter their proven layout model.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and 3 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 staff strongly encourages the petitioner to continue working with the Department of
Community Investment regarding site layout and quality of site design due to this location's
strategic value within the MLK Commercial Node.
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. Staff
recommends approval of the variances.
Analysis:
The rezoning of this site, along with the proposed alley vacation, will create a larger,
cohesively zoned parcel ideal for development. The proposed retail store will eliminate
what are currently vacant lots, and provide goods to neighborhood residents.
APC # 2776 -16 Page 3 of
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Rezoning from: CITY OF SOUTH BEND
"CB" COMMUNITY BUSINESS DISTRICT &
"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "MU" MIXED USE DISTRICT
N
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SOUTH BEND "LB" LOCAL BUSINESSDIS7RICT AP #2776 -16
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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:
424 Cushing Street; 426 Cushing Street; 430 Cushing Street; 726 Lincoln TVay West; 736 Lincoln Way
West; and 18 VAC L6 50X189 L WW (shorn on the St. Joseph County GIS Map as a portion of 726 Lincoln Way
West); (the propert), is generally located at the southeast corner of Lincoln Way West and Cushing Street, and also
includes an alley adjacent to the foregoing parcels which is to be vacated)
South Bend, Indiana 46616
2) The property Tax Key Number(s) is /are: 018 -1028 -1262; 018 -1028 -1261; 018 - 1028 -1260; 018- 1028 -1259;
018 - 1028 -1258; 018 - 1029 -1282
3) Legal Descriptions: See attached Exhibit A
4) Total Site Area: 0.90 acres f; 39,366 sf f
5) Name and address of property owner(s) of the petition site:
Wadad El- Anunori, 51343 Lilac Road, South Bend, IN46628
George Kalqfat, 20633 Roycroft Drive, South Bend, IN 46614
Lincoln Park Development LLC, 724 W Washington Street, South Bend, IN 46601
Name and address of additional property owners, if applicable: None
6) Name and address of contingent purchaser(s), if applicable:
FD South Bend Indiana Lincoln Way and Cushing Street, LL
19 South LaSalle Street, Suite 1007
Chicago, IL 60603
312.332.0690
Name and address of additional property owners, if applicable: None
7) It is desired and requested that this property be rezoned:
From: CB Community Business District
To: MU Mixed Use District
Filed in Clerk's Office
MAR 0 9 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
SF2 Single Family Two Family District
8) This rezoning is requested to allow the following use(s): Family Dollar retail store
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section):
1) Variances fi•orn Section 21 -03.02 a11011-ing (i) less thcar 50% of the font facade of the building to be
located hethneen the mininrunr and nraxinnin) setback ar•ect, (ii) a portion of the parking area to he in
front of the rnaxinntm setback,, and (iii) a retail use in excess of 8.000 square feet of gross floor area
(see attached nar•rative_for additional details)
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: See attached narrative
(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: See altuc hed ittirr(W IV
(c) The strict application of the terns of this Ordinance would result in practical difficulties in the use of the
property: See winched neirratire
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: N',14
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:
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: X/4
(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: N 1r4
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. NIA
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:
Dubin Sh'Wer PC, Attu: Dewid 1 onto
123 N. 6Pcicket- Drh-e, Suite 1600
Chicct;o, IL 60606
312 -801 -8752
C 11' p7Jt ,:�fZ�Cltfbltl5'iTT�BT.C(117i
BY SIGNING THIS PETITION, THE PETITIONERSIPROPERTY 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):
W,adaa Tct- A�wr�.e+rj �Sp�2�tisclnezl t- :�,;P�,�le� ai l�xnevj
L; 1•+ Pa{4 De {e��,at�+t t.l.L C'm metal j
FD %7-P, &--J L: Lincoln WO-. "Cl-sk-'o .LUC.(�
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LIMITED POWER OF ATTORNEY
Area Plan Commission of St. Joseph County, IN
1140 County -City Bldg., 227 W. Jefferson Blvd.
South Bend, IN 46601
RE: 424 Cushing Street, South Bend, IN 46616; PIN# 71- 08 -02- 458- 004.000 -026 (the
"Property")
To Whom It May Concern:
I am the current owner of the Property. The Property is the subject of that certain Purchase and
Sale Agreement dated as of October 15, 2015 (the "Contract"). I hereby acknowledge that FD South
Bend Indiana Lincoln Way and Cushing Street, LLC, its affiliates, agents, and attorneys (collectively, the
"Purchaser "), will be pursuing certain petitions, applications and the like with respect to the Property,
including, without limitation, a re- zoning petition, one or more zoning variances, and an application to
vacate an alley adjacent to the Property (collectively, the "Necessary Approvals "). I hereby consent to the
Purchaser making all necessary and appropriate submissions to the applicable governmental authorities in
connection with the Necessary Approvals, and agree that my signature below may be used in substitution
for any signatures required of the owner of the Property for such submissions. I hereby agree that
Purchaser may represent petitions, applications and the like before the Area Plan Commission, City
Council and other applicable governmental authorities, and may answer any and all questions thereon.
J� ee�flAq
GEORGE KrVAT
Filed in Clerk's Office
MAR o 9 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
LIMITED POWER OF ATTORNEY
Area Plan Commission of St. Joseph County, IN
1140 County -City Bldg., 227 W. Jefferson Blvd.
South Bend, IN 46601
RE: 736 Lincolnway West, South Bend, IN 46616; 726 Lincolnway West, South Bend, IN
46616; 430 Cushing Street, South Bend, IN 46616; and 18 VAC L6 50X189 LWW, South
Bend, IN 46601; PIN#: 71- 08 -02- 458- 001.000 -026, 71- 08 -08- 458- 010.000 -026, 71- 08 -02-
458- 002.000 -026, and 71- 08 -02- 458 - 011.000 -026 (collectively, the "Property")
To Whom It May Concern:
I am the current owner of the Property. The Property is the subject of that certain Purchase and
Sale Agreement dated as of October 15, 2015 (as amended, the "Contract "). I hereby acknowledge that
FD South Bend Indiana Lincoln Way and Cushing Street, LLC, its successors, assigns, affiliates, agents,
and attorneys (collectively, the "Purchaser "), will be pursuing certain petitions, applications and the like
with respect to the Property, including, without limitation, a re- zoning petition, one or more zoning
variances, and an application to vacate an alley adjacent to the Property (collectively, the "Necessary
Approvals "). I hereby consent to the Purchaser making all necessary and appropriate submissions to the
applicable governmental authorities in connection with the Necessary Approvals, and agree that my
signature below may be used in substitution for any signatures required of the owner of the Property for
such submissions. I hereby agree that Purchaser may represent petitions, applications and the like before
the Area Plan Commission, City Council and other applicable governmental authorities, and may answer
any and all questions thereon.
WADAD EL- AMMORI
Filed in Clerk's Office
MAR 0 9 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH REND, IN
EXHIBIT A TO PETITION - LEGAL DESCRIPTION
PAWEL 1:
LOTS NUMBERED 1 AND 2 AS SHOWN ON THE RECORDED PLAT OF MATTHIAS HEINZMAWS
IN WIDTH, TAKEN OFF AND FROM THE ENTIRE EAST END THEREOF IN ST. 30SEPK COUNTY,
INDIANA.
PARCEL
THE NORTH i# AND A •R PARCEL Of LAND
PARCEL EAST AND WEST TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST' END OF LOTS
• a • aa
Filed in Clerk's Office
[MAR 0 9 2016
AREEMAH FOWLER
CITY CLERK, 80UTH SEND, IN
REZONING AND VARIANCE APPLICATION NARRATIVE
Introduction
FD South Bend Indiana Lincoln Way and Cushing Street, LLC, an Indiana limited liability
company ( "Ap lip cant ") is a preferred developer for Family Dollar, Inc. ( "Family Dollar "), a
subsidiary of Dollar Tree, Inc., a publically traded company (NASDAQ: DLTR). Family Dollar
sells merchandise for the family and home in a small -box, neighborhood format. While the name
"Family Dollar" might suggest it is a "dollar store," it is in fact a general retail store.
Applicant and Family Dollar identified an opportunity to bring Family Dollar's product to the
location in South Bend as described more fully below. Family Dollar's business model
necessitates that it lease stores between 8,000 and 10,000 square feet. After much time and
consideration, Applicant and Family Dollar selected the Property (as defined herein) as an ideal
location on which it could construct an approximately 8,225 square foot one -story building from
which Family Dollar, a single user retail tenant, would operate (the "Project ").
The Propert y
Applicant is currently working under purchase and sale agreements to acquire that certain
property located at the southeast corner of Lincoln Way West and Cushing Street in South Bend
(the "Propert y "). The Property consists of the following six (6) individual parcels, as well as an
adjacent alley that is to be vacated.
Address
County Parcel ID Number
Current Zoning
736 Lincoln Way West
018- 1028 -1258
CB
726 Lincoln Way West
018 - 1028 -1259
CB
430 Cushing Street
018- 1028 -1260
CB
426 Cushing Street
018 - 1028 -1261
S172
424 Cushing Street
018 - 1028 -1262
CB
18 VAC L6 50X189 LWW
018- 1029 -1282
CB
A site plan depicting the proposed development of the Property is attached hereto as Exhibit A
(the "Site Plan"). For reference, a marked up GIS map obtained from the St. Joseph County
website is attached hereto as Exhibit B, on which the Property is outlined. The Property is
currently zoned as set forth above.
Applicant's Rezonins Application
As set forth above, Applicant intends to develop the Property for use as a "Family Dollar" retail
store. In connection with such proposed development, Applicant respectfully submits this
application to rezone the Property from the zoning classifications set forth above, to the "MU"
Mixed Use District classification. Applicant understands that certain factors are taken into
account when considering a rezoning application. Accordingly, Applicant respectfully submits
as follows:
1. The proposed rezoning is consistent with the Comprehensive Plan.
Upon information and believe, the City of South Bend (the "City ") has recently adopted a
Comprehensive Plan entitled "West Side Main Streets; The Revitalization Plan for Lincoln Way,
Western Avenue, and West Side Neighborhoods" (the "Comprehensive Plan "). The
Comprehensive Plan denotes the area in which the Property is located as within the "Colfax
District ", and further within the "MLK Node." The Comprehensive Plan envisions this area to
be developed with a "streetscape" theme so as to create pedestrian - friendly destinations.
Consistent with the foregoing, Applicant has spent a considerable amount of time developing the
Site Plan such that the location of the proposed building is at the northeast corner of the Property,
with the main entrance to such building being approximately parallel to Lincoln Way West. A
sidewalk will connect said main entrance with the main sidewalk along Lincoln Way West, and
the use of landscaping and ornamental trees with enhance aesthetics. Additionally, much of the
parking, as well as the loading and dumpster areas, have been laid out behind the proposed
building in the back of the Property. Accordingly, Applicant respectfully submits that the
Project is consistent with the Comprehensive Plan.
2. The proposed rezoning is consistent with the current conditions and
character
As revealed by the zoning map for the City, many of the parcels in the vicinity of the Property
along Lincoln Way West are currently zoned with the "MU" Mixed Use classification. This
includes the parcels at the northwest and southwest corners of Lincoln Way West and Cushing
Street, and nearly all of the property east of Scott Street along Lincoln Way West. The parcels
immediately to the east of the Property are currently zoned with the "CB" Community Business
classification. The parcels directly across Lincoln Way West from the Property are currently
zoned "LB" Local Business. Based on the foregoing, the proposed rezoning to the "MU" Mixed
Use District is consistent with the majority of parcels along Lincoln Way West in the vicinity of
the Property. Additionally, the proposed development of the Property for use as a "Family
Dollar" retail store is consistent with the character of the surrounding areas, which is generally
commercial in nature.
3. The proposed development of the Property is the most desirable use
As set forth above, the Comprehensive Plan envisions "streetscape" development with pedestrian
— friendly uses. Further, the South Bend Zoning Ordinance (the "Zoning Code ") provides that the
provisions applicable to properties in the "MU" Mixed Use District are intended to encourage
storefront retail and a pedestrian oriented design. Applicant respectfully submits that the Project
is consistent with the foregoing considerations, and is therefore the most desirable use of the
Property.
4. The proposed development of the Property will not diminish surrounding
property values
As set forth above, the addition of a "Family Dollar" retail store will be consistent with
surrounding property uses along Lincoln Way West, which are generally commercial in nature.
Applicant intends to construct a brand new "Family Dollar" store on a lot that is primarily
vacant. Accordingly, Applicant respectfully submits that the proposed development of the
Property will likely enhance the value of surrounding property.
5. The proposed development is consistent with responsible development and
growth
The proposed rezoning and subsequent development of the Property will enable Family Dollar to
provide nearby residents with convenient access to a wide variety of goods. Family Dollar
aspires to be the best small - format convenience and value retailer which serves the needs of
families in the neighborhoods in which it is located. As set forth above, the proposed
development is consistent with the Comprehensive Plan. Applicant therefore respectfully
submits that the proposed development of the Property and the rezoning requested herein is
consistent with responsible development and growth.
Applicant's Variance Application
In connection with the Project, Applicant respectfully requests the following variances from the
provisions of Section 21 -03.02 of the Zoning Code:
A. Section 21- 03.02(b)(2)(A)(i): The Zoning Code provides: "For sites containing
one building — in elevation view from the street frontage, at least fifty percent (50 %) of the
length of the fagade of the building facing a street shall be located at or between the minimum
setback and the maximum setback." With respect to front yards and building setbacks, the
Zoning Code provides a minimum of five (5) feet and a maximum of twenty (20) feet. As shown
on the Site Plan, the side of the building facing Cushing Street complies with the foregoing
requirement. However, the portion of the building facing Lincoln Way West contains eighty six
(86) feet of linear frontage (including (i) approximately twenty (20) feet as respects the corner
element that is approximately parallel to Lincoln Way West and, and (ii) approximately sixty six
(66) feet as respects the balance of the front of said building), of which approximately thirty four
(34) feet (or approximately thirty nine and one half percent (39.5 %)) is between such minimum
and maximum setbacks. Therefore, Applicant seeks a variance from the Zoning Code to allow
less than fifty (50 %) of the building fagade facing Lincoln Way West to be within the minimum
and maximum setbacks.
B. Section 21- 03.02(b)(2)(A)(iii): The Zoning Code provides: "parking areas and
interior access drives shall not be located in the front of the maximum setback. As shown on the
Site Plan, approximately five (5) feet of the parking area near Lincoln Way West is in front of
the maximum setback. Therefore, Applicant seeks a variance allowing such portion of the
parking area to be within such maximum setback.
C. Section 21- 03.02(b)(5)(A): The Zoning Code provides that single retail uses shall
not exceed eight thousand (8,000) square feet of gross floor area. The Site Plan indicates a
building containing approximately eight thousand two hundred twenty five (8,225) square feet of
gross floor area. Therefore, Applicant seeks a variance allowing the building to be constructed
on the Property to contain in excess of eight thousand (8,000) square feet.
Applicant understands that certain standards must be met in order for the variances requested
herein to be granted. Accordingly, Applicant respectfully submits as follows:
1. The granting of the variances requested herein will not be injurious to the
public health, safety, morals or general welfare of the community.
In the spirit of the Zoning Code, the Project will enable a retail store to be developed along a
major right -of -way in an area zoned for commercial use, thus providing citizens with convenient
access to a wide variety of goods so as to meet the day -to -day convenience shopping needs of
persons living in nearby residential areas, and promoting the health, safety, quality of life,
comfort and general welfare of the City. In the spirit of the Comprehensive Plan, the Project will
bring new jobs to the community, encourage additional growth, and provide a new source of
sales tax revenue. Further, the new improvements on the Property will increase its assessed
valuation, thereby increasing real estate tax revenue. Based upon Applicant's previous
experience in connection with other Family Dollar developments, Applicant believes that the
granting of the requested variances will not adversely affect the public health, safety, morals, or
general welfare. Rather, the requested variance is in harmony with the spirit and intent of the
Zoning Code and the mixed use nature of the surrounding area.
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.
As stated above, many of the surrounding parcels along Lincoln Way West are being used for
commercial purposes. Therefore, the Project is consistent with existing conditions.
Additionally, the variances will not impair an adequate supply of light or air to the adjacent
properties, substantially increase the congestion in the public streets, increase the danger of fire,
or diminish or impair property values within the neighborhood. Further, the Site Plan has been
prepared with considerations such as screening and buffering in mind, particularly with respect
to the residential nature of nearby parcels.
3. The strict application of the terms of the Zoning Code would result in
practical difficulties in the use of the Property.
Applicant spent a substantial amount of time and consideration in selecting the Property and
preparing the Site Plan for the Project to most efficiently and effectively utilize the Property.
Applicant made every effort to configure the building to be constructed on the Property such that
it would conform to all of the provisions of the Zoning Code. However, the Property has certain
physical characteristics which make full compliance with the terms of the Zoning Code quite
difficult. For example, the northwest portion of the Property includes a sharp angle at the
intersection of Lincoln Way West and Cushing Street. Applicant has aligned the main entrance
of the building on the Property to be approximately parallel to Lincoln Way West. However,
laying out the entire front fagade of the building in such a manner would be impractical.
Additionally, Applicant has taken into account the need to comply with various parking,
screening and landscaping requirements of the Zoning Code, as well as certain engineering and
traffic concerns (such as truck access and to allow maneuvering of customers, employees and
deliveries at the Property). Finally and as set forth above, Applicant intends to develop the
Property for use as a "Family Dollar" retail store. Family Dollar is a national operator with
established guidelines as to the size of the building and layout of the site to be operated. Without
the approval of Family Dollar, Applicant would be unable to pursue development of the
Property. Based on the foregoing, Applicant respectfully submits that strict application of the
terms of the Zoning Code would result in practical difficulties in the use of the Property.
Filed in Clerk's Office
MAR 0 9 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, N
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