THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA. 3:30 p.m. County-City Building, South Bend, IN

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1 THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA Tuesday, October 20, 2009 Fourth-Floor Council Chambers 3:30 p.m. County-City Building, South Bend, IN PUBLIC HEARINGS: 1. Rezonings: A. A proposed ordinance of Stephen Dragovich to zone from SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily District, property located at 616 N. St. Peter Street, City of South Bend, as tabled - APC # B. A proposed ordinance of Rodney & Jennifer Daniel to zone from R Residential District to C Commercial District, property located at E. McKinley Highway, St. Joseph County - APC # C. A proposed ordinance of Stone Manor Investment Corp. to zone from R-2 Residential District to PUD Planned Unit Development District, property located at & Burdette Street and & Irish Crossings Drive West, St. Joseph County - APC # D. A proposed ordinance of Randy Miller to zone from C Commercial District to C Commercial District, property located at Cleveland Road, St. Joseph County - APC # E. A proposed ordinance of Amerigas Propane LP #5393 to zone from C Commercial District and R Residential District to C Commercial District, property located at Western, St. Joseph County - APC # F. A proposed ordinance of Brick Road, LLC. to zone from LI Light Industrial District to CB Community Business District, property located at the southeasterly corner of Cleveland Road and Mayflower Road, City of South Bend - APC # G. A proposed ordinance of Frick Limited Liability Company, LLC to zone from LB Local Business District to LI Light Industrial District, property located at 109 Garst Street, City of South Bend - APC # H. A proposed ordinance of Dr. Terrill Stoller to zone from SF1 Single Family and Two Family District to OB Office Buffer District, property located at 4526 S. Fellows Street, City of South Bend - APC # ITEMS NOT REQUIRING A PUBLIC HEARING 1. Miscellaneous: A. Findings of Fact Hidden Creek, Phase II Major Subdivision APC # P 2. Executive Director s Report: 3. Minutes and Expenditures 4. Adjournment:

2 Staff Report APC # Owner: Stephen Dragovich Location: 616 N. St. Peter Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily District to allow uses allowed in multi family districts. A Special Exception has been filed with the Board of Zoning Appeals to allow more than two unrelated individuals to live in the same unit. Land Uses and Zoning: On site: On site is a single family home. North: To the north are homes zoned SF2 Single Family and Two Family District and 2 apartment buildings zoned MF1 Urban Corridor Multifamily District. East: To the east is an attached single family project pending zoning to PUD Planned Unit Development. South: To the south are homes zoned SF2 Single Family and Two Family District. West: To the west are homes zoned SF2 Single Family and Two Family District. District uses and development standards: The MF1 District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of: multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site plan description: The lot is 5,775 square feet. A 1,054 square foot residence and 360 square foot garage cover 24% of the site. An additional 360 square feet for exterior parking covers 6% of the site. The remaining 4,001 square feet, or 70% is open space. Zoning and land use history & trends: In 2007, the property to the east was approved by the Common Council to be rezoned to PUD Planned Unit Development, for an attached single family project. A Final Site Plan has yet to be submitted. Traffic and transportation considerations: St. Peter Street has two lanes. South Bend Avenue to the north has two lanes. Utilities: This site is currently served by municipal water and sewer facilities. Additional information: (Agency comments) At the September 2, 2009 Area Board of Zoning Appeals meeting, the Special Exception for group residence was sent to the Common Council with no recommendation. Stephen Dragovich # Page 1 of 1

3 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 Objective H2: Maintain South Bend's housing stock in good condition. Land Use Plan: The Future Land Use Plan shows this area as medium density residential. Residential Area Policy: Northeast Neighborhood Development Area Plan (2003) The projected land use plan identified this block of St. Peter Street as single family home ownership preservation. 2. Current conditions and character: At the north end of the block are two new apartment buildings. Of the single family homes on the block, five are legal non-conforming "boarding houses". 3. Most desirable use: The most desirable use is to have this block of St. Peter Street remain as single family homes. 4. Conservation of property values: The surrounding property values may be affected. 5. Responsible development and growth: It is responsible development and growth to maintain a single family residential neighborhood. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Analysis: It is the goal of the Northeast Neighborhood Development Plan to return this part of the Northeast Neighborhood to single family uses. Increasing the number of units accommodating uses beyond single family not only compromises the Plan, but makes it harder and more costly to reconvert the single family designed houses back to their original use. Stephen Dragovich # Page 2 of 2

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5 Staff Report APC # Owner: Rodney & Jennifer Daniel Location: E. McKinley Highway Jurisdiction: St. Joseph County Requested Action: The petitioner is requesting a zone change from R Residential District to C Commercial District to allow a pet store focused on wholesale/internet sales of aquatic plants and animals. Land Uses and Zoning: On site: On site is a house and a conservatory. North: To the north are single family homes zoned R Single Family District. East: To the east is a temporary batch plant for the McKinley Road project, zoned C Commercial District. South: To the south are single family homes zoned R Single Family District. West: To the west are single family homes zoned R Single Family District. District uses and development standards: The C: Commercial District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the C: Commercial District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site plan description: The total area after right-of-way exclusion is 38,768 square feet or 0.89 acres. The house with attached garage is 2,202 square feet and the conservatory is 1,500 square feet. The buildings cover 9.5% of the site. There is a gravel parking area to the north and east of the conservatory. The petitioner did not provide the square footage devoted to parking, drives and open spaces. A total of 6 cars must be accommodated on a paved parking area that does not extend into the residential bufferyard. Zoning and land use history & trends: The County Council, on June 9, 2009, approved a Special Use for the temporary operation of a batch plant at the property on the northwest corner of McKinley Highway and Cedar Trail. The approximate completion date given was November 15, Traffic and transportation considerations: Cedar Trail has two lanes. The reconstruction of McKinley Highway to a four lane road with a center turning lane, is nearly complete. Utilities: Water and sewer are not available to the site. It currently has a well and septic system. Rodney & Jennifer Daniel # Page 1 of 1

6 Additional information: (Agency comments) St. Joseph County Health Department: Means of obtaining potable water and the method for treating sanitary waste have not been detailed in the plan. The Indiana State Department of Health is required to determine if the existing septic system meets the requirements of this commercial establishment. Separation distances for commercial sites are greater than those for residential. St Joseph County Department of Public Works: Need to provide soil type, ground water, drainage calculations, existing contours and proposed spot elevations. 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: Comprehensive Plan for South Bend and St. Joseph County, Indiana, April 2002 Goal 2: Encourage the Economic Development of the County and its municipalities. Objective B: Locate employment uses in such a manner where conflicts with residential land uses are minimized. Policy i: Fashion a land use plan that ensure physical separation and/or buffering between employment and residential uses. Land Use Plan: The Future Land Use Map identifies McKinley Highway between Capital Avenue and the County line as an Industrial Growth/Reserve Area. 2. Current conditions and character: An 8 lot residential subdivision is proposed on the east side of Cedar Trail, approximately 400' to the north. 3. Most desirable use: The most desirable use is to continue the residential use. 4. Conservation of property values: Surrounding property values may be negatively affected. 5. Responsible development and growth: It is responsible development and growth to limit commercial zoning east of Cedar Trail and Buckeye Road, thereby protecting the existing residential area from further commercial encroachment. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the County Council with an unfavorable recommendation. Analysis: The small size of the lot makes the commercial development of this lot without variances or encroachments difficult. The property is in close proximity to residential lots to the north, west and south. The commercial zoned properties immediately to the east have not fully developed. Allowing the commercial zoning to extend further west places the residential area at risk. Rodney & Jennifer Daniel # Page 2 of 2

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8 Staff Report APC # Owner: Stone Manor Investment Corp. Location: & Burdette Street and & Irish Crossings Drive West Jurisdiction: St. Joseph County Requested Action: The petitioner is requesting a zone change from R-2 Residential District to PUD Planned Unit Development District to allow a four-unit condominium building, and allow up to four (4) unrelated persons per dwelling unit. Land Uses and Zoning: On site: On site is a four unit building. North: To the north is the Irish Crossing development zoned PUD Planned Unit Development. East: To the east are two single family homes zoned R Single Family District. To the northeast is the Ivy Quad development zoned PUD Planned Unit Development. South: To the south is the private street leading into the Irish Crossing development and a wooded lot zoned R Single Family District. West: To the west is the Irish Crossing development zoned PUD Planned Unit Development. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Chapter. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Chapter. Site plan description: The total area to be rezoned is 0.15 acres. There is one 5,038 square foot building that contains 4- units. The building covers 77% of the site. Each unit will have 4 parking spaces; 2 in the garage, 2 in the driveway. Parking and drives cover 14% of the site. There is 9% open space. Access will be from Burdette Street and Irish Crossing Drive West. The density is units per acre. The proposed development standards are essentially the same as the Irish Crossing Development. Zoning and land use history & trends: In 2004, this parcel, as part of a large development, was rezoned to R-2. Due to ownership changes, it was excluded from all other rezonings and subdivisions connected with the Irish Crossings development. Traffic and transportation considerations: Burdette Street has two lanes. Irish Crossing Drive West is a private drive. Utilities: The building is serviced by municipal water and sanitary sewer. Stone Manor Investment Corp. # Page 1 of 1

9 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: Comprehensive Plan for South Bend and St. Joseph County, Indiana, April 2002 Goal 3: Objective B: Encourage population growth within existing urban service areas. Land Use Plan: City Plan, South Bend Comprehensive Plan, November 2006 City Plan identifies this area as Medium Density Residential. 2. Current conditions and character: The recent trend in this neighborhood is towards a higher density, pedestrian-oriented area, connecting the University of Notre Dame campus with the State Road #23 commercial/business corridor. 3. Most desirable use: The most desirable use is a medium to high density development, similar to surrounding uses. 4. Conservation of property values: The surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to allow the inclusion of this one building in an area already approved for similar developments. Recommendation: Based on the information available prior to public hearing, the staff recommends that the petition be sent to the County Council with a favorable recommendation. Analysis: The proposed development is similar to the previously approved Irish Crossing development, which borders this building on three sides, and was originally part of the 2004 rezoning. Together with the other developments, like Stadium Place, Stadium Village and Ivy Quad, it will contribute to a high density, pedestrian-oriented area, between the University of Notre Dame campus and the State Road #23 commercial/business corridor. Stone Manor Investment Corp. # Page 2 of 2

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11 Staff Report APC # Owner: Randy Miller Location: Cleveland Road Jurisdiction: St. Joseph County Requested Action: The petitioner is requesting a zone change from C Commercial District to C Commercial District to allow Convenience Store, Gas-Service Station and Restaurant, Retail and Office. Land Uses and Zoning: On site: On site is vacant. North: To the north is a cultivated field zoned R Residential District. East: To the east is a house and cultivated field zoned A Agricultural District. South: To the south, across the railroad right-of-way, is a field zoned A Agricultural District. West: To the west, across Capital Avenue is a house and cultivated field zoned A Agricultural District. District uses and development standards: The C: Commercial District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the C: Commercial District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site plan description: The total area is 9.2 acres. A 4,000 square foot convenience store, 7,400 square foot multi-tenant retail building and two 22,500 square foot office buildings are shown. The total building square footage covers 14% of the site. A total of 220 parking spaces for the associated uses cover 32% of the site. The remaining 54 % of the site is open space. There is one access from Cleveland Road, shown. Zoning and land use history & trends: In 2000, the Board of County Commissioners submitted a petition to rezone from A Agricultural District to C Commercial. It was approved subject to a site plan showing an office/warehouse, restaurant and museum as the proposed uses. An extension was given until May 6, 2002 to complete the Final Site Plan. In May 2001, the additional use of a cell tower was added; the other uses remained the same. The current site plan was approved on July 17, In November 2001, a petition was filed to add a billboard use. That petition was withdrawn. Traffic and transportation considerations: Cleveland Road is two lanes. Capital Avenue is a limited access, four lane road, with a median. Utilities: Water and sewer are not available to this site. It will be served by well and septic systems. Randy Miller # Page 1 of 1

12 Additional information: (Agency comments) The County Health Department does not have jurisdiction over such a large commercial site; approval of septic systems will be from the State Health Department. The St. Joseph County Department of Public Works will require an accel/decel land and passing blister. 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: Comprehensive Plan for South Bend and St. Joseph County, Indiana, April 2002 Goal 2: Encourage the Economic Development of the County and its municipalities. Objective C: Develop quality business areas to meet the retail and service needs of the planning area. Policy ix: Satellite business centers shall be located on major automobile and public transportation routes, particularly at the intersections of major arterial roadways. Land Use Plan: The Future Land Use Map makes no specific recommendation for this area. Plan Implementation/Other Plans: The Capital Avenue Plan, completed in 2003, shows the area within a recreational/open space corridor. 2. Current conditions and character: The site is vacant. Surrounding homes are on large parcels including farmland. Capital Avenue is a major north/south thoroughfare. 3. Most desirable use: The property is already zoned for a commercial use. 4. Conservation of property values: Since the property is already zoned for commercial use, surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to accommodate the changing needs of the area. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the County Council with a favorable recommendation, subject to a written commitment excluding billboards from any portion of the site. Analysis: The staff would not normally be in favor of this zoning, but recognizes the history of this site and the fact that the property is already zoned C Commercial District subject to a site plan. The written commitment is to support a previous decision by the Area Plan Commission that this location is not appropriate for a billboard. Randy Miller # Page 2 of 2

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14 Staff Report APC # Owner: Amerigas Propane LP #5393 Location: Western Jurisdiction: St. Joseph County Requested Action: The petitioner is requesting a zone change from C Commercial District and R Residential District to C Commercial District to allow the construction of a building. Land Uses and Zoning: On site: On site is a propane distribution operation. North: To the north is an automobile auction zoned M Manufacturing District. East: To the east is an automobile auction zoned M Manufacturing District. South: To the south is a heavy equipment dealer zoned C Commercial and the former South Bend Speedway zoned B Business District. West: To the west is a single family home zoned C Commercial District for the southern 330'. The remainder of the property is zoned R Single Family District. District uses and development standards: The C: Commercial District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the C: Commercial District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site plan description: The total area is 4.94 acres. There is an existing office building and other smaller buildings in the back. A 3,456 square foot building is proposed in the back. All buildings, existing and proposed, cover 3% of the site. There are 6 parking spaces adjacent to the office and 7 parking spaces near the back buildings. These parking spaces, plus driveways cover 13% of the site. The remaining 84% is listed as open space. The northwest corner is labeled as an area of outdoor storage. Outdoor storage is limited to not more than 20% of the gross lot area. Zoning and land use history & trends: The southern portion of the property to the east was rezoned to M Manufacturing in The M Manufacturing District was expanded to the property to the north in The subject site has had split zoning since Traffic and transportation considerations: Western Avenue has four lanes with a center median. Utilities: The site has an existing well and septic system. Amerigas Propane LP #5393 # Page 1 of 1

15 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: Comprehensive Plan for St. Joseph County and South Bend, April 2002 Goal 2: Encourage the economic development of the county and its municipalities. Objective A: Ensure that suitable areas are available for future industrial development. Policy vii: Light Industrial uses will be located in areas with highway access, preferable with ready access to a limited-access highway interchange (i.e. within one mile). The St. Joseph Valley Parkway is approximately one mile from this site. Land Use Plan: The Future Land Use Map makes no specific recommendation for this area. 2. Current conditions and character: The northern portion of this site is a long standing non-conforming use, bordered on two sides by industrial zoning. Many properties within the immediate area have extensive outdoor storage. 3. Most desirable use: The most desirable use is commercial or lighter industrial uses. 4. Conservation of property values: Since this use has been in operation for several years, the rezoning should not affect property values. 5. Responsible development and growth: It is responsible development and growth to allow the growth of the business by zoning the entire property when appropriate, as in this case. Recommendation: Based on information available prior to the public hearing the petition be sent to the County Council with a favorable recommendation. Analysis: Western Avenue has several properties in the immediate area where there is commercial zoning abutting the road and residential zoning for the remainder of the parcel. Rezoning the entire parcel will bring it into conformity and allow the construction of a new building. The end result will be less than 10% of this property abutting residentially zoned property. Amerigas Propane LP #5393 # Page 2 of 2

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17 Staff Report APC # Owner: Brick Road, LLC Location: the southeasterly corner of Cleveland Road and Mayflower Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District to allow restaurants or small retail shops, and a hotel facility. Land Uses and Zoning: On site: The site is undeveloped. North: To the north is a an uncultivated field zoned O Office District. To the northeast is a City of South Bend well field and to the northwest is a tire store, both zoned LI Light Industrial District. East: To the east is the city well field, unzoned. South: To the south is the Toll Road and associated maintenance area, unzoned. West: To the west is a trucking company zoned LI Light Industrial District. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site plan description: The total area is 8.77 acres. A hotel and four restaurant/retail buildings of varying sizes are proposed for a total of approximately 40,100 square feet of buildings or 11% of the site. A total of 315 parking spaces and access drives cover 69% of the site. There is 20% open space. There is one access from Cleveland Road and one from Mayflower. Zoning and land use history & trends: In 1979, a rezoning was initiated by the Area Plan Commission from A Residential to E Heavy Industrial to meet the needs of the Michiana Regional Airport. From 1996 to 2004, the property was zoned "D" Light Industrial. Since 2004, the parcel has been zoned LI Light Industrial District. Traffic and transportation considerations: Cleveland Road has four lanes and a center median. Mayflower Road is a two lane road that dead ends at the Toll Road. Utilities: The buildings are to be serviced by municipal water and sanitary sewer. Additional information: (Agency comments) The St. Joseph County Airport Authority is in support of this development. The only concern would be the location within the noise sensitive zone, but with proper soundproofing, there should be no noise problems. Brick Road, LLC # Page 1 of 1

18 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 Objective ED 8.1: Promote property tax paying development in the city. Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Land Use Plan: The Future Land Use Map identifies this area as Light Industrial. 2. Current conditions and character: The site is vacant. Much of the property surrounding this parcel is dedicated right-of-way or government owned and is not likely to be developed. The property to the north was previously zoned BP Business Park before its current O Office zoning. 3. Most desirable use: The most desirable use for this property are those uses that are compatible with the industrial, office, and commercial growth along Cleveland Road. 4. Conservation of property values: The surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to support a mixed use project in a growing area. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: Properties along Cleveland Road have developed into a mix of industrial and office uses. This project will add a commercial node, supporting the businesses along Cleveland Road and the nearby residential areas to the north. Brick Road, LLC # Page 2 of 2

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20 Staff Report APC # Owner: Frick Limited Liability Company, LLC Location: 109 Garst Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to LI Light Industrial District to allow the continued use of a mechanical contracting and engineering business. Land Uses and Zoning: On site: On site is a small building containing a mechanical contracting and engineering business. North: To the north is a vacant commercial building and associated storage building zoned MU Mixed Use District. East: To the east is a vacant building zoned LB Local Business District. South: To the south is a parking lot zoned MU Mixed Use District. West: To the west is the Real Services kitchen zoned LI Light Industrial District. District uses and development standards: The LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site plan description: The total area is 4,039 square feet. The 3,540 square foot building covers 88% of the site. There is no on-site parking. In 1998, the Area Board of Zoning Appeals granted variances from the parking spaces, lot size and side and rear setbacks. Additional variances will be needed for front yard setback and landscaping. Zoning and land use history & trends: From 1996 to 2004, this property was zoned C Commercial. At that time, furnace sales and service, with stock completely housed, and manufacturing and assembly, with not more than five operating employees were permitted uses. When the new zoning map was passed in 2004, this property was zoned LB Local Business District. The lot was subdivided in Traffic and transportation considerations: Garst has two lanes. Utilities: The site is serviced by municipal water and sanitary sewer. Frick Limited Liability Company, LLC # Page 1 of 1

21 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 Objective LU 6.2 Provide incentives for development utilizing existing infrastructure inside the city limits. Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. Land Use Plan: The Future Land Use Map identifies this parcel as commercial (office & retail). 2. Current conditions and character: The property to the east is vacant. Real Services has recently expanded to include a kitchen building and larger parking area to the east and south. 3. Most desirable use: The most desirable use is to allow the continued use of the property. 4. Conservation of property values: Since the use is existing, the surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to allow this small site, which has been operating as a legal non-conforming use, to be rezoned to the appropriate zoning. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This property was operating in the correct zoning until 2004 when the adoption of the new zoning code created the non-conforming use situation. It is contiguous to Light Industrial zoning to the west. The existing use has not placed an undue burden on the adjacent uses, all of which are part of an area that has a diversity of uses. Given the small size of this lot, there is little to no room for the outdoor storage associated with the LI Light Industrial District. Frick Limited Liability Company, LLC # Page 2 of 2

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23 Staff Report APC # Owner: Dr. Terrill Stoller Location: 4526 S. Fellows Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF1 Single Family and Two Family District to OB Office Buffer District to allow parking for a proposed dentist office. Land Uses and Zoning: On site: On site is vacant. North: To the north is a single family home and vacant lot zoned OB Office Buffer District. East: To the east is a church zoned SF1 Single Family and Two Family District. South: To the south is additional parking for the adjacent church use zoned SF1 Single Family and Two Family District. West: To the northwest is a dry cleaners zoned OB Office Buffer District. To the west and southwest across Fellows Street are single family homes zoned SF1 Single Family and 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 total area is 15,072 square feet. No building is proposed on this lot. A 4,700 square foot dentist office is proposed on the adjacent vacant lot. A total of 20 parking spaces are provided, covering 7,605 square feet of 51% of the site. The remaining 49% is open space and landscaping. Zoning and land use history & trends: In 1993, the property to the northwest had petitioned to be rezoned to C Commercial for an auto service facility. That petition was withdrawn. Traffic and transportation considerations: Fellows Street is two lanes. According to maps on the Major Moves US 31 website, Fellows Street will be extended over the St. Joseph Valley Parkway as part of the US 31 project. Utilities: The site as developed needs no utilities, but they are available in Fellows Street. Dr. Terrill Stoller # Page 1 of 1

24 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: City Plan, City of South Bend Comprehensive Plan, November 2006 Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective LU 6: Focus development efforts within the Service Area. Land Use Plan: The Future Land Use Map identifies the Ireland/Fellows intersection as commercial (office or retail). 2. Current conditions and character: Ireland Road is a major arterial, fronted by a mixture of commercial and institutional uses. Fellows Street is currently a local neighborhood street, but will be extended to the south over the St. Joseph Valley Parkway as part of the US 31 realignment project. 3. Most desirable use: The most desirable use is one that recognizes the mix of adjacent land uses. 4. Conservation of property values: The surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to recognize and support approved land use plans. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The adjacent vacant lot to which the site will be part of is no longer viable as a residential use. Combining both parcels as a single use creates a viable business site. In addition, the changing status of Fellows Street make this site even less desirable as residential. Dr. Terrill Stoller # Page 2 of 2

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26 FINDINGS OF FACT On Tuesday, September 15, 2009, the Area Plan Commission approved the Preliminary Subdivision Plat for Hidden Creek, Phase II Major based upon the following findings of fact: 1. Hidden Creek, Phase II Major Subdivision, subject to the condition imposed by the Area Plan Commission, complies with the City of South Bend Subdivision Regulations. 2. The Indiana Department of Natural Resources denied approval of a new culvert in the Phillip s Ditch and therefore Summertime Lane could not be built. 4. Two entrances to the proposed subdivision are necessary for the safety of the residences and for the efficient delivery of services. 3. The Minutes of the September 15, 2009 meeting of the Area Plan Commission are hereby incorporated by reference herein. Approved by the Area Plan Commission of St. Joseph County, Indiana, this 20th day of October, Gerald R. Phipps, Vice - President Area Plan Commission of St. Joseph County, Indiana ATTEST: John W. Byorni, Secretary