THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA

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1 THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA Tuesday, June 20, 2017 Fourth-Floor Council Chambers 3:30 p.m. County-City Building, South Bend, IN PUBLIC HEARINGS: 1. Rezonings: A. A combined public hearing on a proposed ordinance of Holy Trinity Evangelical Lutheran Church to zone from R: Single Family District to R-2: Residential District and seeking the following variance(s): 1) from the required 75' front yard and building setback to 60' from the centerline of Mayflower Road; 2) from the required 40' rear yard and building setback to 20' for buildings and 5' for drive aisles; 3) from the required landscaping to the landscaping as shown on the site plan; and 4) from the required maximum 20% building coverage to 30%, property located at Mayflower Road, St. Joseph County - APC# B. A combined public hearing on a proposed ordinance of PBS Properties, LLC to zone from GB General Business District to MU Mixed Use District and seeking the following variance(s): 1) from the required landscaping of required perimeter yards to none; and 2) from required minimum 30 off-street parking spaces to 0, property located at 3015 W. Western Avenue, City of South Bend- APC# TEXT AMENDMENTS: A. A proposed ordinance initiated by the Area Plan Commission of St. Joseph County, Indiana, on behalf of the Town of Lakeville, repealing and replacing the following provisions of the Zoning Ordinance for the Town of Lakeville, namely Title 8, Articles 1-6, adopted as ordinance No , including all subsequent amendments, and replacing it with Articles 1-17 and the inclusion of new zoning maps, all of which shall be entitled Town of Lakeville Zoning Ordinance, As Tabled - APC# ITEMS NOT REQUIRING A PUBLIC HEARING 1. Miscellaneous: A. Findings of Facts for granting of Variances for property located at 1237 & 1303 N. Ironwood Drive, City of South Bend APC # B. Findings of Facts for granting of Variances for property located noth of Ireland Road between Lafayette Boulevard and Main Street, City of South Bend APC # C. Presentation by Leah Thill Potential barriers to Solar Energy Development in the Zoning Code. 2. Executive Director s Report: 3. Minutes (April & May) and Expenditures: 4. Adjournment:

2 Staff Report 6/12/2017 APC # Owner: Location: Jurisdiction: Public Hearing Date: Holy Trinity Evangelical Lutheran Church Mayflower Road St. Joseph County 6/20/2017 Requested Action: The petitioner is requesting a zone change from R: Single Family District to R-2: Residential District and seeking 4 variances from the development standards. Land Uses and Zoning: On site: North: East: South: On site is a church. To the north are single family homes zoned R: Single Family District. To the east is a farm field zoned R: Single Family District. To the south are single family homes zoned R: Single Family District (County) and a vacant lot across Brick Road zoned PUD Planned Unit Development District (City of South Bend). West: To the west across Mayflower Road are single family homes zoned R: Single Family District. District Uses and Development Standards: The R-2 Districts are established to protect, promote and maintain the development of a wide range of housing opportunities ranging from single family dwellings to multifamily complexes as well as provide for other limited residential, public and institutional uses that are compatible with residential development, all in accordance with the comprehensive plan. Site Plan Description: The acre site is proposed for several buildings of varying size. The proposed site plan includes the expansion of a church building, the addition of a dining hall and exercise facility, an assisted living facility, 22 duplex units, and 6 triplex units. 150 parking spaces are proposed for the new church building. Zoning and Land Use History And Trends: In 2010, the properties to the south were zoned Planned Unit Development District (City of South Bend) to allow primary permitted uses as allowed in the MF1 Urban Corridor Multifamily District, LB Local Business District, CB Community Business District, and GB General Business District. Traffic and Transportation Considerations: Mayflower Road has two lanes. Brick Road has two lanes. Utilities: The site will be served by municipal water and sewer APC # Page 1 of 4

3 Staff Report 6/12/2017 Agency Comments: St Joseph County Department of Public Works commented that the following items need to be addressed prior to final approval: 1) Provide drainage calculations for the entire site. 2)Accel/Decel lane and driveway approach within Right-of Way shall meet St. Joseph County requirements for geometrics and INDOT driveway standard for pavement thickness. 3) County may require improvements along frontage of Mayflower Road and intersection of Mayflower Road and Brick Road to increase traffic volume. 4) A Stormwater Pollution Prevention Plan will be required with land distributing activities greater than 1 acre. City of South Bend Department of Public Works commented that the following items need to be addressed are required prior to approval: 1) Completion of the City of South Bend Utility Verification Form; 2) Connection will not be allowed into the existing sanitary force main on Mayflower. The developer will be responsible for installation of a new gravity line to accommodate the proposed development; 3) Prior to finalizing the design of the this gravity line, further conversation with the City is needed to determine the appropriate pipe sizing to accommodate future flows from the projected developments North of this site as well as the existing properties that are currently served by the force main on Mayflower; 4) Tapping into the water main on Mayflower and any proposed loop within the property will require coordination with the City Network Engineer. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC : 1. Comprehensive Plan: Policy Plan: The Petition is consistent with the Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002). Goal 3, Objective C: Encourage new development to take place in traditional neighborhood forms. Policy i: Medium or high density multi-family housing or other facilities with intense activity (such as churches, secondary schools, and commercial sites) should be located along arterials, with access to the arterial street (preferable) or to a collector street. Land Use Plan: This future land used map makes no specific recommendation for the area. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: North of Brick Road is primarily rural residential. The area south of Brick Road has developed as an industrial park with a larger portion still undeveloped. 3. Most Desirable Use: The most desirable use is residential. APC # Page 2 of 4

4 Staff Report 6/12/ Conservation of Property Values: Surrounding property values should not be affected negatively. 5. Responsible Development And Growth: It is responsible development and growth to encourage and support residential development in areas where municipal services are available. Combined Public Hearing This is a combined public hearing procedure, which includes a rezoning and 4 variances from the development standards. The Commission will forward the rezoning to the 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 75' front yard and building setback to 60' from the centerline of Mayflower Road 2) from the required 40' rear yard and building setback to 20' for buildings and 5' for drive aisles 3) from the required landscaping to the landscaping as shown on the site plan; 4) from the required maximum 20% building coverage to 30% 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; Because the proposed development is located at least 40' from the property line, the proposed variances should have no impact on the public health, safety and general 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 use and value of adjacent properties should not be adversely affected by the requested variances because the development proposes a low intensity use in a predominantly rural area (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the ordinance would result in practical difficulties in the use of the property. Under strict adherence to setback lines, the layout of the site would incur major site and structural modifications causing difficulties in parking and traffic flow between buildings and the property line. The installation of all required landscaping would require major adjustments to the site. Staff Comments: The Staff has no additional comments at this time. APC # Page 3 of 4

5 Staff Report 6/12/2017 Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the County Council with a favorable recommendation. The staff recommends approval of the variances. Analysis: Rezoning this property to R-2: Residential District will allow for a residential development that utilizes duplexes and triplexes to provide a variety of housing options. The proposed Two and Three family dwelling units will fit well into the neighborhood. APC # Page 4 of 4

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9 Staff Report 6/12/2017 APC # Owner: Location: Jurisdiction: Public Hearing Date: PBS Properties, LLC 3015 W. Western Avenue City of South Bend 6/20/2017 Requested Action: The petitioner is requesting a zone change from GB General Business District to MU Mixed District and seeking 2 variances from the development standards. Land Uses and Zoning: On site: North: East: South: West: On site is a retail establishment. To the north is a single-family home zoned SF2 Single Family and Two Family District To the east is a retail store zoned GB General Business District. To the south across Western Avenue are retail establishments, zoned MU Mixed Use District. To the west is a retail store, zoned MU Mixed Use 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 includes an existing 2 story retail building situated near the middle of the block. Only a portion of the building, approximately 4,500 square foot footprint, is proposed to be rezoned. The remainder of the building will continue to be zoned GB General Business. A shared parking area is located to the east of the site. Zoning and Land Use History And Trends: The site has been zoned GB General Business District. Traffic and Transportation Considerations: Western Avenue has 2 lanes with a center turn lane and on-street parking. Utilities: The site is served by municipal water and sewer Agency Comments: The City Engineer recommends approval subject to review and approval of utility verifications, sidewalks, lighting, and overall improvements to the site. Development of APC # Page 1 of 3

10 Staff Report 6/12/2017 the site requires City approval of a Drainage Plan and meets the requirement to store all runoff from developed areas on site, along with compliance with the City s Downspout Disconnection Program. The Department of Community Investment is supportive of the request. Mixed Use Zoning permits the proposed use and leaves open options of use on the second floor of the building for retail, office, or residential space. MU zoning would also inhibit fewer and smaller variances for the site, such as setbacks and foundation landscaping. Zoning to MU would be most consistent with the West Side main Street s Plan vision for a mixed-use neighborhood center in this stretch of Western Avenue (west of Olive node). Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC : 1. Comprehensive Plan: Policy Plan: The Petition is consistent with the West Side Main Streets Plan (2014): Create Desitnations and Focus Retail into Nodes rather than Strip Development; and City Plan, South Bend Comprehensive Plan (November 2006), LU 2.2: Pursue a mix of land use along major corridors and other locations identified on the Future Land Use Map. Land Use Plan: The Future Land Use Map identifies this as a Mixed Use Node Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Western Avenue between the Olive Street node and Kentucky Street is a neighborhood of commercial, mixed use and residential uses. 3. Most Desirable Use: The most desirable use is one that is compatible with the mixed use and commercial nature of the Western Avenue Corridor. 4. Conservation of Property Values: Due to the existing nature of neighboring Mixed Use development and the commercial nature of Western Avenue, the surrounding property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to allow for the reuse of the commercial structure for a less intense use. Combined Public Hearing This is a combined public hearing procedure, which includes a rezoning of two 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. APC # Page 2 of 3

11 Staff Report 6/12/2017 The petitioner is seeking the following variance(s): 1) from the required landscaping of required perimeter yards to none; 2) from required minimum 30 off-street parking spaces to 0 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; The proposed variances should have no impact on the public health, safety and general 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; Due to the existing commercial character and use of the area, the use and value of adjacent properties should not be adversely affected by the requested variances. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the ordinance would result in practical difficulties in the use of the property. Due to the commercial nature of Western Avenue, there is an insufficient amount of land and daylight to adhere to the landscaping requirements of the ordinance. The site is located mid-block with a zero-lot line to one side and insufficient side yard and alley space to accommodate the parking requirements or the landscaping required at this site. Portions of the building would need to be demolished in order to meet strict application of the ordinance. Staff Comments: The staff has no additional comments. Recommendation: Based on the 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: Rezoning this site to MU Mixed use will allow for the reuse of an existing commercial structure in a manner consistent with the Comprehensive Plan. APC # Page 3 of 3

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15 Staff Report 6/9//2017 APC # Owner: APC Initiated Jurisdiction: Town of Lakeville Public Hearing Date: 6/20/2017 Requested Action: The Area Plan Commission on behalf of the Town of Lakeville, is proposing an Ordinance to repeal and replace the Town of Lakeville Zoning Ordinance and Zoning Map. Staff Comments: The current Lakeville Zoning Ordinance was adopted in Since then, it has been amended a number of times to reflect the changing land use needs and changes to state law. Staff has worked closely with the Town to develop a comprehensive update that is more consistent with prevailing land use trends and development. The proposed ordinance consists of 6 districts: R1 Single Family District, R2 Multi-family District, OB Office Buffer District, TC Town Center District, C Commercial District, and GI General Industrial District. Due to the revised approach to more generalized uses which are more prevalent throughout the districts, a PUD District has not been established at this time. The district regulations focus on the character of the district and impact on surrounding uses, putting a stronger emphasis on existing setbacks and proper buffering. The OB Office Buffer District was created to provide a buffer between higher impact districts and single family neighborhoods. The TC Town Center District recognizes the unique character of the original town center with emphasis on pedestrian oriented design and a stronger interaction with the street. The proposed ordinance adds landscape provisions and lighting standards. It also updates the parking and loading regulations to common best practices for small towns. All other sections of the ordinance have been updated to current standards and is streamlined for ease of use. The following corrections or changes have been made since the Ordinance was initially advertised: * The effective date of the ordinance was updated to reflect the new adoption schedule; * Additional clarification was added to Section 3.07 noting that "expansion" of non-conforming use means exterior expansion; * The word "non-bearing" was removed from Section 3.10; * Changed the title of Section 4 from "Zoning Districts" to "District Regulations"; * Removed mansard roofs from prohibited building designs; * Added Automotive Uses as a Special Exception Use in the TC Town Center District; * Added or clarified various definitions to provide consistency within the Ordinance; * Corrected various typographical errors or citation errors throughout the Ordinance; * Minor formatting adjustments throughout the Ordinance. The Zoning Map has been updated to include properties recently annexed in to the Town, updated one parcel to OB Office-Buffer District; and updated 4 properties to R2 Multifamily District to reflect the current use. APC # Page 1 of 2

16 Recommendation: Based on information available prior to the public hearing, the staff recommends that the ordinance be sent to the Town of Lakeville Town Council with a favorable recommendation. Analysis: The proposed ordinance updates and streamlines the zoning ordinance that was adopted by the town in The updated ordinance incorporates regulations such as landscaping and lighting no previously in the ordinance, while updating the existing regulations to meet current trends and standards. APC # Page 2 of 2

17 FINDINGS OF FACT APC# MAJCM, LLC 1237 & 1303 N. Ironwood Drive City of South Bend On Tuesday, May 16, 2017, the Area Plan Commission approved the following variances from the Development Standards of the City of South Bend Zoning Ordinance: 1) from the required minimum 25' lot frontage to no frontage for Lots 4-22; 2) from the required minimum 5' side yard to 0' for all lots; and 3) from the required minimum 20' rear yard to 9' for Lot 4 (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. The proposed development will front on a private street and should not impact the public health, safety, or general 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 single family development should not have an adverse impact on the residential neighborhood in which it is located. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. The strict application of the ordinance would create oversized residential lots which may be difficult to maintain. Allowing the use of a private drive will allow for infill housing that will promote the vitality of the residential neighborhood. The reduced setbacks will allow the homes to be located on the lot in a manner that offers each home a larger, usable outdoor space. The Minutes of the May 16, 2017 meeting of the Area Plan Commission are hereby incorporated by reference herein. Adopted by the Area Plan Commission of St. Joseph County, Indiana, this 20th day of June, ATTEST: Daniel H. Brewer, President Area Plan Commission of St. Joseph County, Indiana Lawrence P. Magliozzi, Secretary

18 FINDINGS OF FACT APC# Gates & Gates Realty Ireland Road between Lafayette Boulevard and Main Street South Bend, IN On Tuesday, May 16, 2017, the Area Plan Commission approved the following variances from the Development Standards of the City of South Bend Zoning Ordinance: List Variances. 1) from the minimum of five waiting spaces prior to the first occurrence of any ordering, pick-up or service facility subject to providing a minimum of 3 spaces. 2) from the minimum 41 required off-street parking spaces to 34. (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. The proposed development variances have no impact on the public health, safety, and 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 use and value of adjacent properties should not be adversely affected by the requested variances. The development of this site adequately accommodates parking and stacking commonly associated with developments of this type. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. The strict application of the terms of this Chapter would require parking spaces based on a calculation for square footage of the building which requires more than is practically necessary. It is the staff's opinion that the proposed placement of the drive up lanes, parking area, and building, areas are optimized for this site. The Minutes of the May 16, 2017 meeting of the Area Plan Commission are hereby incorporated by reference herein. Adopted by the Area Plan Commission of St. Joseph County, Indiana, this 20th day of June, ATTEST: Daniel H. Brewer, President Area Plan Commission of St. Joseph County, Indiana Lawrence P. Magliozzi, Secretary