Loading...
HomeMy WebLinkAboutBill 28-16 Amending the zoning ordinance for 1311 Ironwood Dr.a's LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH C(DUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (5 74) 235 -9571 July 20, 2016 South Bend Common Council 4'h Floor, County -City Building South Bend, IN 46601 RE: Bill # 28 -16 Rezoning: APC 42785 -16 1311 N. Ironwood Dear Council Members: The Area Plan Commission held a public hearing on July 19, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, July 25, 2016. Ordinance & Petition Amendments: Ordinance: None Petition: 1.) The petition was revised using the updated petition format. 2.) The address and tax key number were corrected on the Petition. A Copy of the revised Petition is attached. Public Hearing Summary: There was no one present that spoke in favor or opposition to the proposed rezoning. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sin erely, Lg . Smith Deputy Director CC: Kathleen Cekanski - Farrand Filed in Clerk's Office JUL 2 d 2m KAREEMAH FOWLER CITY CLERK SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. ST) O S E P H CO U N T Y INDIANA. C O M/ A R E A P L A N a I 1qW_ 10 i LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Wec�nesda�, ySLU, Gbjt_ 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 JJAGG Properties LLC to zone from SF1 Single Family & Two Family District to OB Office Buffer District, property located at 1311 North Ironwood Drive, City of South Bend - APC# 2785 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of JJAGG Properties LLC was legally advertised on July 7, 2016 and that the Area Plan Commission at its public hearing on July 19, 2016 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of JJAGG Properties LLC to zone from SF1 Single Family & Two Family District to OB Office Buffer District, property located at 1311 North Ironwood Drive, City of South Bend, is sent to the Common Council with a a FAVORABLE recommendation. By removing the access on Ironwood Drive and connecting through the established office properties to the north, rezoning this site to OB Office Buffer District will allow a reasonable extension of services provided in this area while minimizing the impact on the residential neighborhoods in the immediate area. 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 ` J Attachment CC: JJAGG Properties LLC Danch, Harper & Associates Filed in Clerk's Office =JUL26 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 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: 2785 -16 JJAGG Properties LLC 1311 North Ironwood Drive City of South Bend Public Hearing Date: 7/19/2016 Requested Action: Filed an Clerk's Mice The petitioner is requesting a zone change from SF Single Family & Two Family District to OB Office Buffer District and seeking 3 variances from the development standards. Land Uses and Zoning: On site: On site is a single family home. North: To the north is an office zoned OB Office Buffer District and a single family home zoned SF Single Family & Two Family District. East: To the east across Ironwood Drive are single family homes zoned SF Single Family & Two Family District. South: To the south is a single family home zoned SF Single Family & Two Family District. West: To the west is a single family home zoned SF 1 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 quasi - governmental 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: The 0.76 acre site contains a 2,970 square foot home that is proposed to be converted to an office building. The current access from Ironwood Drive would be removed. The access to the parking lot to the rear of the property would be from the public alley that currently terminates at this property. The site plan shows a parking lot with 17 spaces. The north and west property lines adjacent to the residential property will be screened with a 6' vinyl fence. The south property line would consist of a mixture of a proposed 6' vinyl fence and landscaping consisting of narrow spread evergreen trees and existing vegetation. Zoning and Land Use History And Trends: The property to the north was rezoned to Office in 1972. Traffic and Transportation Considerations: Ironwood Drive has two lanes. APC # 2785 -16 Page 1 of 3 Staff Report 7/5/2016 Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment recommends approval, but suggests the , parking lot be shifted north in order to meet the residential bufferyard on the south. In lieu of the other landscaping, DCI suggests some trees and shrubs could be planted near the west end of the new parking lot along the north and between the existing and new parking lots to visually break up the mass of combined parking. The City Engineer recommends approval subject to final site plan approval at the time of construction. 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 for this area. 2. Current Conditions and Character: The intersection of Ironwood and Edison serve as a commercial node for the surrounding properties. There are 2 properties between the petition property and the commercial node to the north that serve as a buffer to the residential neighborhood to the south. 3. Most Desirable Use: The most desirable use of the land is one that provides a buffer between the commercial properties to the north and the surrounding residential neighborhoods. 4. Conservation of Property Values: With proper buffering, the low intensity of the proposed office surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to allow the conversion of the existing structure to an office use, while retaining its residential character. This is a combined public hearing procedure with 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 petitioner is seeking the following variance(s): 1) From the required 15' minimum side residential bufferyard to 13'; APC # 2785 -16 Page 2 of 3 Staff Report 7/5/2016 2) From the required landscaping of required perimeter yards and residential bufferyards to the landscaping as shown on the site plan; 3) From the required off - street parking area screenings to none. 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; Due to the location of the parking relative to the existing parking on the adjacent site and the screening proposed, the variances should not be injurious to the general saftey or welfare of the community. (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 proposed landscaping is consistent with the intent of the ordinance to provide a visual and noise buffer to the adjacent residential properties. The use and value of the adjacent properties should not be adversely affected. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Due to the narrow width of the lot, strict application of the Ordinance would create practical difficulties. Staff Comments: Staff has no additional comments. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variances. Analysis: By removing the access on Ironwood Drive and connecting through the established office properties to the north, rezoning this site to OB Office Buffer District will allow a reasonable extension of services provided in this area while minimizing the impact on the residential neighborhoods in the immediate area. APC 4 2785 -16 Page 3 of 3 a IRA LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571 June 8, 2016 South Bend Common Council 4t' Floor, County -City Building South Bend, IN 46601 RE: Rezoning for 1311 Ironwood Drive. 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 June 13, 2016 Council meeting, and set it for public hearing at your July 25, 2016. Council meeting. The petition is tentatively scheduled for public hearing at the July 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 JUN 08 �� I KAREEMAH CITY CLERK, SOUTH �!tF°NT. IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . ST] O S E PH C 0 U N T Y INDIANA. C O M / A R E A P L A N "P" LUanch, Ilarnear cV Associates, Inc. Land Surveyors W Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 W Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of June 6, 2016 South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: Rezoning Petition for 1311 North Ironwood Drive, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their property located at 1311 North Ironwood Drive, South Bend, Indiana. This requested Rezoning would allow for the approval to renovate an existing single - family home into a professional office. Our clients believe the improvements proposed for the property would be in keeping with the existing mixed use nature of professional offices and residential along this portion of North Ironwood Drive. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Hamer & Associates File No. 160140 "C" Md. Filed in Clerk's Office j N 0 1 U � 7()- " KAREEMAM FCWLgR CR'YCLERK, 9OWTH ERNO, .,a PETITION FOR ZONE MAP AMEND1VI NT City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1311 North Ironwood Drive, South Bend, Indiana 46615. 2) The property Tax Key Number(s) is /are: 018 - 5151 - 567401 3) Legal Descriptions: See Attached legal description 4) Total Site Area: 0.76 total acres to be rezoned 5) Name and address of property owner(s) of the petition site: JJAGG Properties LLC 1323 North Ironwood Drive South Bend, Indiana 46615 574- 232 -9999 NIA E -Mail Address Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: NIA Name Address City, State Zip Code Phone number with Area Code E -Mail Address Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: Filed in Clerk's Office JUL 2 0 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN JUL U 52016 AREA PLAN COMMfRs From: SF Single Family Two Family District Additional zoning district, if applicable To: OB Office Buffer District 8) This rezoning is requested to allow the following use(s): Professional Office use(s) IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): -I 1) From the required 15' minimum side residential bz fferyard to 13 ,- 2) From the required landscaping of required perimeter yards and residential bufferyards to the landscaping as shown on the site plan; and 3) From the required off-street parking area screenings to none. 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 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: See Attached text .1 Requested Variances: The Petitioners have owned the real estate shown on the attached site plan for the past several years. The property has been used for single- family. The owner is now at a point where they desire to rezone the property and renovate the existing structure to use it for a professional office. As part of the rezoning process, the Petitioner's representative met with the APC staff to discuss the project and the proposed site improvements. The attached site plan reflects the proposed site improvements, which includes the addition of a new parking lot to serve the office building. Access to the parking lot is from an existing public alley located on the north line of the site. The parking lot was centered between the north and south property lines which allows for the maximum amount of landscape area to exist between the pavement and adjacent properties. Based on the proposed use of the property and the layout shown, the Petitioners are requesting the following Variances; 1) From the required 15' minimum side residential bufferyard to 13% 2) From the required landscaping of required perimeter yards and residential bufferyards to the landscaping as shown on the site plan; and 3) From the required off - street parking area screenings to none. The Petitioners would ask for approval of the above Variances for the following reasons: 1). From the required landscaping of required perimeter yards and residential bufferyards to the landscaping as shown on the site plan. Due to the limited width of the property and the meeting the City's minimum size requirements for parking spaces and driveways, the Petitioners have proposed the use of a solid vinyl screening fence and the use of narrow evergreen trees. The fencing will provide a sufficient visual screen of the proposed parking area from the adjacent residential homes. There is an existing parking lot located along a portion of the north property line which was previously approved in a residential district. No screening is believed to be required between the two shown parking areas. The proposed fencing will tie to the existing fencing that was done as part of previous rezoning and special use exception approval for the properties located to the north of the Petition site. Along the west and south property lines fencing will screen the proposed development from the existing residential uses and an evergreen screen is proposed for a portion of the south property to provide a natural visual buffer from the proposed parking area and the residential to the south. The Petitioners propose to add some new over -story deciduous trees along the front and north side of the site as shown. They would ask to be allowed to use the existing plants along the west and south property lines to meet the intent of the Ordinance. Along the north property line there is an existing overhead power, telephone and cable lines which would make it difficult to place trees in that utility area. Approval of this variance should not have an adverse impact on surrounding properties. 2). From the required 15' minimum side residential bufferyard to 13'. The Petitioners worked with the planning staff to locate the proposed parking behind the building as shown. The parking bay was centered in the property to provide the maximum landscape buffer area between the proposed parking spaces and the adjacent residential properties. The parking spaces would encroach approximately 2 feet into the bufferyard area. With the proposed fencing and landscaping the Petitioners believe this will provide improvements from the residential properties. There will also be JF"kh k;6i the buffervard area to allow the parking lot to have direct access t a put ' pprov, oft is vices not have a negative impact on adjacen prop ies JUL 2 0 2016 JUL 0 5 2016 KAREEMAH FOWLER AREA PLAN C CITY CLERK, SPMJTH REND, IN 1CATION N( 3). From the required off - street parking area screenings to none. The Petitioners would ask not to be required to add additional screening for the proposed parking bay as it will be screened by proposed fencing and evergreen plant materials as shown. The only area not directly screened is along the north where the parking on site is adjacent to existing parking. The Petitioners believe they are meeting the intent of the ordinances with the proposed screening elements. Approval of this variance should not have a negative impact on surrounding properties. The Petitioners would contend that the strict application of the terms of the zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances are sought: that the request for the Variances at this location arises from such condition peculiar to the property involved and does not exist in similar property in the same zone: and that the use or value of the area adjacent to the property described in the Petition for the Variances will not be adversely affected: and that the granting will not be injurious to the public health, safety, morals, or general welfare of the community. Filed in Clerk's Office JUL 20 2016 KAREEMAR FOWLER CITYCLER" ary REND, IN F I L JUL 0 5 2016 AREA PLAN COMMISSION AMICATION ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1311 IRONWOOD DRIVE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA TEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF1 Single Family & Two Family District to OB Office Buffer District. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT# 1 OF THE PLAT OF "WOODED ESTATES SUBDIVISION" AS RECORDED IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 02 °- 50' -32" E.(ALL BEARINGS ASSUMED) ALONG THE WEST RIGHT -OF -WAY LINE OF IRONWOOD DRIVE A DISTANCE OF 90. 0 FEET MORE OR LESS; THENCE S. 90 °- 00' -00" W, A DISTANCE OF 367.0 FEET MORE OR LESS; THENCE N 00'-00'-00" W, A DISTANCE OF 91. 0 FEET MORE OR LESS TO THE SOUTH LINE OF SAID SUBDIVISION PLAT,- THENCE N 900- 00' -00" E. ALONG SAID SOUTH LINE A DISTANCE OF 363.33 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0. 76 ACRES MORE OR LESS. be and the same is hereby established as OB Office Buffer 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. City Clerk Approved and signed by me on the day of o'clock . M. Mayor, City of South Bend, Indiana HEARING 3 rd READING NOT APPROVED REFERRED PASSED 2 , at Filed in Clerk's C{` JUG 08 2016 � KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN iy � i I _ z, u � •p POb Y V AA " 5 I r _ u Art Rezoning from: CITY OF SOUTH BEND "SFI" SINGLE F ISTRICT to "OB" OFFAke MtEWS OMkWRI C:T MASTER ZONING KEY JUL 2' 0 2016:..: w E DISTRICT, ZONING � CD SCE U T H_BE N D, LB. KAREEMAH FOWLER 1 Inch = 100 feet rI°t 1r CLERK, SOUTH IeN®, IN # -'� SQUuN_BEND,t]B �; SO U T H_BE N D, SF9 APC C CL LU y _ (sHIuvn A /x) aMa a_ooKxoai y = as ,00'�a inn xJa o w� t 6 6 ,o'sc V/ uNs 3Nn M/a Q5 G ° 6N�N5 ~O I O I U a \ R $ o r m yy gg © © @ 8:$ il 1 San Arm onand oz n 8 R Z o M ? [W4 3Q a a I _ Em >.4o9 m W O� ,% K 3 O 0 Q �q Or uj P4 ¢ I W CC Z - - - -- •tea, - - - -- � I I o 2 0 1s L gi I I I Y� O I I I axn W. ¢ c arm r/a .oros, ,r'ra ,ays arm W. pill, 8 111 We IM Ox si �� =voce �^� • I ® Y o o {I pill $Ea�58 c, WOE 22 RED A ° a ° €jeRo ffi I! i 4 1 $N w y g o n�,e +'pppgp i EY akk W I W 5 w N'o w o fibk t m e W,� o Rig aa�� !1111 6 s a � B � B 6� � Q a v E�� 9 o�eg€ko E€ pg E } gj� N� gyg$t Qi HO<S$na 3 3� s•""' F Wpb �G§ �€ E �c3 �ww"" dg'[€yg gyya�kg