HomeMy WebLinkAboutBill 20-16 2724 Lincolnway West Rezoneis's
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
June 22, 2016
South Bend Common Council
4t1i Floor, County -City Building
South Bend, IN 46601
RE: Bill #20 -16
Rezoning: APC #2777 -16
2724 Lincolnway West
Dear Council Members:
Filed in Clerk's Office
JUN 2 2 2_g16
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
The Area Plan Commission held a public hearing on June 21, 2016 for the above reference petition. This petition is
set for public hearing before the Common Council on Monday, June 27, 2016.
Ordinance & Petition Amendments:
The following changes have been made to the above referenced petition:
Ordinance & Petition:
1.) The zoning classification was amended to reflect the LB Local Business District.
A Copy of the revised Ordinance and Petition are attached.
Public Hearing Summary:
At the May 17, 2016 Area Plan Commission public hearing there were three people that spoke in favor of the
petition and one agency representative spoke in opposition:
• Karl Nichols spoke in favor of the petition, stating that he has done business with the petitioner in the past;
• Darnell Oneal spoke in favor of the petition, stating that he manages a business on the southwest corner of
Lincolnway West and Eclipse St., and is in support of other local businesses coming into the area;
• Mae Jones spoke in favor of the petition, stating that the renovation of the building would be an
improvement to the neighborhood;
• Michael Divita of the Department of Community Investment spoke in opposition to the petition, stating
that allowing dispersed commercial development outside of the designated nodes, as determined by the
Comprehensive Plan, is detrimental to the economic development of the City.
At the June 21, 2016 Area Plan Commission public hearing there were three people that spoke in favor of the
petition; one person and one agency representative spoke in opposition:
• Samuel Brown expressed concern that there is a need to clarify where residential uses start and business
uses start along Lincolnway West. He suggested it would be better to continue the discussion until that is
clarified instead of denying the petition.
• Darnell Oneal spoke in favor of the petition, stating that Ms. Kimbrough has already started to improve the
property and he has no objection to her opening a business.
• Rev. Batteast spoke in favor indicating that most of the property in this section of Lincolnway was once
owed by Ms. Kimbrough's family and allowing this property to be used commercially will not affect any
residential in the area. He asked for clarification for the people so they know what is expected.
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 INDIANA. C O M/ A R E A P L A N
• Professor Hudak spoke in opposition stating that the other businesses in this area are not well maintained
and allowing more businesses in will continue to weaken the residential properties in the area.
• Michael Divita of the Department of Community Investment spoke in opposition to the petition, stating
that the recently adopted West Side Main Streets Plan clearly defines the desired use for this section of
Lincolnway as residential further noting that there are 5 commercial properties and 30 residential properties
in this area. He indicated that they would be happy to assist Ms. Kimbrough in finding a location for her
business in one of the designated commercial nodes along the corridor.
If you have any further questions, please feel free to contact me at (574) 235 -9571.
Sincerely,
!Z� T`7
Angela M. Smith /^
Deputy Director
CC: Kathleen Cekanski - Farrand
Filed in Clerk's Office
JUN 2 2 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W . S T J O S E P H CO U N T Y I N D I ANA. C O M /AREA PLAN
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 2724 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
TO REZONE FROM SF2 SINGLE FAMILY & TWO FAMILY DISTRICT TO LB LOCAL
BUSINESS DISTRICT FOR AN ADVERTISING BUSINESS
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 THIRTY -THREE (33) AS SHOWN ON THE RECORDED PLAT OF
KALEY'S SECOND LINCOLN HIGHWAY ADDITION TO THE CITY OF SOUTH BEND,
EXCEPTING THEREFROM 120 FEET OFF OF THE SOUTHERLY END THEROF, AS
PER PLAT THEREOF RECORDED MAY 20, 1919 IN PLAT BOOK 10, PAGES 80 -81
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY INDIANA
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 Common Council, approval by the Mayor, and legal publication.
Attest:
City Clerk
Member of the Common Council
Fled in Clerk's Office
JUN 2 2 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
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 ! READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of
2 , at
Mayor, City of South Bend, Indiana
Fled in Clerk's Office
EUNI 216
KAREEMAH FOWLER
CITY CLERK, Sf-) 1TH REND, IN
PETITION FOR ZONE MAP AMENDMENT
City o 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:
2724 Lincoln Wav hest
South Bend, Indiana 46628
2) The property Tax Key Number(s) is /are: 71- 08 -03- 180 - 002.000 -026
3) Legal Descriptions: LOT NUMBERED THIRTY -THREE (33) AS SHOWN ON THE RECORDED PLAT OF
KALE YS SECOND LINCOLN HIGHWAY ADDITION TO THE CITY OF SO UTH BEND, EXCEPTING 120 FEET
OFF OF THE SOUTHERLYEND THEREOF AS PER PLAT RECORDED MAY 20,1919 IN PLAT BOOK 10,
PAGES 80 -81 IV THE OFFICE OF THE RECORDER OF ST .JOSEPH COUNTY, INDIANA.
4) Total Site Area: 0.48
5) Name and address of property owner(s) of the petition site:
JANICE KIMBROUGH
121 N. CARLISLE STREET
SOUTHBEND. INDIANA 46628
(574) 246 -1650
bgnnntagagine @gnnail. conz
Name and address of additional property owners, if applicable:
6) Name and address of contingent purchaser(s), if applicable:
NA
Name and address of additional property owners, if applicable: NA
7) It is desired and requested that this property be rezoned:
From: Residenital SF2 SINGLE FAMILY & TWO FAMILY DISTRICT
To: "LB Local Business District"
Fled in Clerk's Office
JUN 2 2 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH REND, IN
8) This rezoning is requested to allow the following use(s): TO ALLOW BUSINESS ACTT L7T1ES FOR
BLESSED GOSPEL MAGAZINE.
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section):
1) List each variance being requested. Contact Connnission Stgff y ti'ou need assistance.
1. From the required perimeter landscaping to none:
2. From the required had surface paving to gravel,
3. From the required off - street parki71g, area screening to none;
3
FILE
MAY 2 62018
AREA PLAN COMMISSION
APPLICATION
i
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: This variance request Would not endanger the public in any lvgv.
(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: It is desired and requested that the p7operh, be rezoned from SF2
Single Fanzily & Tivo Family District to "LB Local Business District" to allo14, business activities for
BLESSED Gospel Magazine. (Adjacent and contiguous to the subject property is the Palmer .Funeral
Home, il,hich is zoned "LB Local Business District " by the City.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: Because it would cause a financial hardship at the current time to accommodate the
strict request.
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 text
(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 test
(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:
.IANICE KIMBROUGH
121 N. CARLISLE STREET
SOUTH BEND, IIVDIAN4 46624
(574) 246 -1650
bgmmaga=ine @gnnazL conz
ARNIM
MAY 2 62016
AREA PLAN COMMISSION
BY SIGNING THIS PETITION, THE PETITIONERS /PROPERTY OWNERS OF THE
ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONT" T W4W%0 i
Filed in Clerk's Office
4
JUN 2 2 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH SEND, IN
MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON
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):
Fled in Clerk's Office
JUN 2 2 2,016
KAREEMAH FOWLER
CITY CLEPK, S, It SEND, IN
I°ILn
MAY 2 6 2016
AREA PLAN COMMISSION
5
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
June 22, 2016
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Janice Kimbrough to zone from SF2 Single Family & Two Family District to LB
Local Business District, property located at 2724 Lincolnway West, City of South Bend - APC# 2777 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Janice Kimbrough was legally advertised on Thursday,
June 9, 2016 and that the Area Plan Commission at its public hearing on Tuesday, June 21, 2016 took the
following action:
Upon a motion by Oliver Davis, being seconded by John McNamara and unanimously carried, a
proposed ordinance of Janice Kimbrough to zone from SF2 Single Family & Two Family District
to MU Mixed Use District, property located at 2724 Lincolnway West, City of South Bend, is sent
to the Common Council with a NO RECOMMENDATION.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
County 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
CC: Janice Kimbrough
Filed in Clerk's Office
JUN 2 2 ?016
KAREEMAH FOWLER
CITY CLERK, ;OtaTH BEND, 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 1 ANA. C 0 M/ A R E A P L A N
Staff Report
APC #
2777 -16
Owner:
Janice Kimbrough
Location:
2724 Lincolnway West
Jurisdiction:
City of South Bend
Public Hearing Date:
6/21/2016
Requested Action:
6/8/2016
Filed in Clerk's Office
JUN 2 2 16
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
The petitioner is requesting a zone change from S172 Single Family & Two Family District
to LB Local Business District and seeking 3 variances from the development standards.
Land Uses and Zoning:
On site: On site is a single family home and detached garage.
North: To the north across Lincolnway West are single family homes zoned SF2
Single Family & Two Family District and vacant lots zoned CB
Community Business District.
East: To the east is a funeral home zoned LB Local Business District.
South: To the south is a single family home zoned SF2 Single Family & Two
Family District.
West: To the west are single family homes zoned S172 Single Family & Two
Family 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:
The site plan shows the existing home being used as the main commercial building with
the existing garage being used for parking or storage. Paving is proposed in the front yard
between the house and the sidewalk. The existing driveway would be extended to the rear
of the property, where 9 parking spaces are provided. No landscaping is proposed on site.
Zoning and Land Use History And Trends:
This property has been zoned residential since prior to the current zoning ordinance.
There have been no rezonings within 1000' of this property since 1978.
Traffic and Transportation Considerations:
Lincolnway West has two lanes and a center turn lane with on street parking.
Utilities:
This site is served by municipal sewer and water.
APC # 2777 -16 Page 1 of 3
Staff Report 6/8/2016
2) from the required off - street parking area screening to none;
3) from the required hard surface paving to gravel
State statutes and the 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;
Hard surface paving prevents soil erosion and surface contaminant runoff issues. The use
of gravel on this site may negatively impact surrounding soil conditions and create dust
and debris that could create a negative impact on the general welfare of the neighborhood.
(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 lack of landscaping on this site will be burdensome for adjacent property owners, and
negatively affect property values.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
No practical difficulties exist to warrant variances on this site.
Staff Comments:
This petition was originally heard at the May 17, 2016 Area Plan Commission Hearing. It
was identified at that time that the petitioner would need to rezone to the LB Local
Busniess District to allow all of the uses they intend to eventually conduct on site, such as
a print shop.
The LB Local Business District allows many commercial uses which would not be
appropriate for this location, as determined by the West Side Main Streets Plan. Some of
those uses include: grocery store, nightclub, fast -food restaurant, tavern, banks and drive
through bank machines, tobacco stores and other retail uses.
The site plan, as shown, would require additional variances including, but not limited to,
parking setbacks and foundation landscaping which will need to be approved by the Area
Board of Zoning Appeals.
Recommendation:
Based on information available prior to the public hearing the staff recommends that this
rezoning petition be sent to the Common Council with an unfavorable recommendation.
The staff recommends denial of the variances.
Analysis:
This site is not suitable for commercial development. The West Side Main Streets Plan
strongly discourages commercial activity outside of the designated nodes along
Lincolnway West. Due to its location, small lot size, and the goals and policies of the
West Side Main Streets Plan, this site should remain residential.
APC # 2777 -16 Page 3 of 3
Rezoning from: CITY OF SOUTH BEND
"SF2" SINGLE FAMILY &TWO FAMILY DISTRICT to "LB" LOCAL BUSINESS DISTRICT
N
MASTER ZONING KEY
SOUTH BEND "SF1 "SINGLE FAM ILYANDTWO FAMILY DISTRICT W E
SO UTH BE N D "SF2° SIN GLE FAM ILYAN D TWO FAM ILY DISTRICT g
SO UTH BE N D "M U" M IXE D U SE D ISTR ICT 1 inch= 150 feet
SOUTH BEND "LB" LO CALBUSIN ESS DISTRICT AP # 2777 -1
SOUTH BEND `CB- COMMUNITY6U SIN ESSDISTRICT
lJ
Filed in Clerk's Office
JUN 2 2 916
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
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4 .2>77 -�(-
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Fled in Clerk's Office
JUN 2 2 2016
E
KAREEMAN FOWLER
DLCLEffn ,IUT -H BEND, IN
1 4V_'10"V_10
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 (574) 235 -9571
Wednesday, May 18, 2016
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Janice Kimbrough and to zone from SF2 Single Family & Two Family District to MU
Mixed Use District, property located at 2724 Lincolnway West, City of South Bend - APC# 2777 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Janice Kimbrough was legally advertised on Thursday,
May 05, 2016 and that the Area Plan Commission at its public hearing on Tuesday, May 17, 2016 took the
following action:
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a
proposed ordinance of Janice Kimbrough to zone from SF2 Single Family & Two Family District
to MU Mixed Use District, property located at 2724 Lincolnway West, City of South Bend, is
TABLED until the June 21, 2016 meeting of 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
CC: Janice Kimbrough
Fled in Clerk's office
E MAY 1 81016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
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. CO M/ A R E A P L A N
4=0 a IV WMA
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 6, 2016
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
RE: APC #2777 -16 – Rezoning for 2724 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 April 11,
2016 Council meeting, and set it for public hearing at your May 23, 2106 Council meeting. The
petition is tentatively scheduled for public hearing at the May 17, 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,
Me x —
Matthew P. Chappuies
Planner
CC: Kathy Cekanski - Farrand
Filed in Clerk's Office
a 6 2016
I-I FOWLER
CITY CLERK, SOUTH REBID• IN
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 0 M/ A REAP LAN
4)
�� March 29, 2016
N
cc
a) Area Plan Commission of St. Joseph County, Indiana
CC 1140 County -City Bldg.
C 227 W. Jefferson Blvd.
G South Bend, Indiana 46601
W Re: Rezoning Petition for 2724 Lincoln Way West, South Bend, IN
a' 46628
ODear Council Members,
1 am requesting the Rezoning of my property located at 2724 Lincoln
Way West, South Bend, Indiana for business activities to be
conducted by BLESSED Gospel Magazine including publishing,
marketing, general office, and retail. Retail activities would include
sale of magazine subscriptions, single copy sales, antiques, and the
sale of donor bricks for back yard gathering area.
Planned site improvements would include drive way upgrades and
parking for at least five (5) automobiles, an outdoor patio, a
monument sign with a variable message reader board in the front
yard, and two (2) benches within or abutting the right -of -way of
Lincoln Way with advertisements on the back panel of the benches.
The improvements will be a compliment to the existing
neighborhood.
If you have any questions concerning this matter, please feel free to
give me a call at (574) 246 -1650
Sincerely,
Janice im rough
1
1701 West Linden Street • South Bend, Indiana 46628 • Busin
Filed in-161elIft-5
Ph ne: (574) 246 -1650
APR o 5 2016 LER
I(AREEf�SOUT ®R BEND, IN
CITY CLERK,