HomeMy WebLinkAboutSpecial Exception - 413 417 425 St. Louis and 418 428 420 Hill Street RESOLUTlON
4103-11
Passed by the Common Council of the City of South Bend, indiana
May 23, 11
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Attest: City Clerk
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Attest� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 24, 20 11
City Clerk
Approved and signed by me M����5 20�.
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RESOLUTION NO. �f t a 3-� (
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS OF ST.JOSEPH COUNTY,INDIANA
FOR THE PROPERTIES LOCATED AT
(413 ST. LOUIS STREET, 417 ST. LOUIS STREET, 425 ST. LOUIS STREET,
418 HILL STREET, 428 HILL STREET AND 420 HILL STREET,
ALL IN SOUTH BEND, INDIANA)
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after�the Board of
- Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation,pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special
Exception be granted for the properties located at:
(413 ST. LOUIS STREET,417 ST. LOUIS STREET,425 ST.LOUIS STREET,
418 HILL STREET, 428 HILL STREET AND 420 HILL STREET,
ALL IN SOUTH BEND,INDIANA)
in order to permit:
The Approval of a Special Exception to allow for off-site parking lot for properties
located at 413 St. Louis Street, 417 St. Louis Street, 425 St. Louis Street, 418 Hill Street,
428 Hill Street and 420 Hill Street all in South Bend, Indiana per Section 21-03.02 (2)(D)
of the City of South Bend Zoning Ordinance to allow for an Accessory Use(Off-site Parking).
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SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a
copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive plan; all of which is requested by the South Bend Municipal
Code§ 21-09.03 (i).
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Board of Zoning Appeals,which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
ember of the Common Council
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred: .
BILL NO.
11-36 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTIES LOCATED AT 413 ST. LOUIS
STREET, 417 ST. LOUIS STREET, 425 ST. LOUIS
STREET, 418 HILL STREET, 428 HILL STREET AND 420
HILL STREET, ALL IN SOUTH BEND, INDIANA
RespectFully report that they have examined the matter and that in their opinion,
this bil! is being recommended to the full Council with a favorable
recommendation.
This bill was heard by the Zoning &Annexation Committee.
Timothy Rouse
Chairperson, Committee of the Whole
AREA BOARD OF ZONING APPEALS
OF
ST. JOSEPH COUNTY, INDIANA
NO. FILED , 20
NOTIFIED , 20 HEARING , 20
APPEAL
Applicant's Name(s) : .
ST. JOSEPH REGIONAL MEDICAL CENTER 3tJDITH CASEY
SOUTH BEND CAMPUS, INC. 6340 GRANDVIEW DRIVE
B11 EAST MADISON STREET INDIANAPOLIS, INDIANA
SOUTH BEND, INDIANA 46617 46260
(574) 335-5000 (317) 251-9392
ROMAN J. SMITH 2O10 REVOCABLE TRUST
618 EAST MADISON STREET
SOUTH BEND, INDIANA 46617
(574) 287-4829
CAMIEL & ROSE VAN DE WALLE
413 NORTH ST. LOUIS STREET
SOUTH BEND, INDIANA 46617
(574) 233-1816
Address of Properties:
PARCEL "A"•
600 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617,
PARCEL "B"-
413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
425 ST. LOUIS STREET, SOUTH BE1�iD, INDIANA 46617
418 HILL STREET, SOUTH BEND, INDIANA 46617
428 HILL STREET, SOUTH BEND, INDIANA 46617
420 HILL STREET, SOUTH BEND, INDIANA 46617
PARCEL "C"•
327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
336 HILL STREET, SOUTH BEND, INDIANA 46617
Present Zoning of Properties:
PARCEL ••p���:
600 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, "O"
OFFICE & "MU" MIXED USE DISTRICT, PENDING REZONING TO "SF2" SINGLE FAMILY
& TWO FAMILY DISTRICT;
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PARCEL "B"•
413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE
DISTRICT
417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT
425 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT
418 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT
428 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT
420 HILL STREET, SOUTH BEND, II3DIANA 46617- "NN" MIXED USE DISTRICT
' PARCEL "C":
327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT
333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MCT" MIXED USE DISTRICT
325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT
336 HILL STREET, SOUTH BEND, INDIANA 46617- "MU" MIXED USE DISTRICT
Owner's Names:
ST. JOSEPH REGIONAL MEDICAL CENTER JUDITH CASEY
SOUTH BEND CAMPUS, INC. 6340 GRANDVIEW DRIVE
811 EAST MADISON STREET INDIANAPOLIS, INDIANA
SOUTH BEND, INDIANA 46617 46260
(574) 335-5000 (317) 251-9392
ROMAN J. SMITH 2O10 REVOCABLE TRUST
618 EAST NlADISON STREET
SOUTH BEND, INDIANA 46617
(574) 287-4829
CAMIEL & ROSE VAN DE WALLE
413 NORTH ST. LOUIS STREET
SOUTH BEND, INDIANA 46617
(574) 233-1816
Counsel or Consultant:DANCH, HARNER & ASSOCIATES, INC.
Phone 234-4003
Address: 1643 CON�RCE DRIVE, SOUTH BEND, INDIANA 46628
TO THE AREA BOARD OF ZONING APPEALS OF
ST. JOSEPH COUNTY, INDIANA
Appeal is hereby taken from the decision of the Building
Commissioner
in the matter of erecting, occupying, building, addition at
600 OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617
413 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
417 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
425 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
327 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
333 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
325 ST. LOUIS STREET, SOUTH BEND, INDIANA 46617
336 HILL STREET, SOUTH BEND, INDIANA 46617
418 HILL STREET, SOUTH BEND, INDIANA 46617
428 HILL STREET, SOUTH BEND, INDIANA 46617
420 HILL STREET, SOUTH BEND, INDIANA 46617
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NATURE OF APPEAL:
VARIANCE REQUESTS: PARCEL "A":
1) . A Variance from the maximum allowed height of 40 feet to a
maximum height of 53 feet for a proposed building;
2) . A Variance from the 25-Foot Front-yard setback along Cedar
Street (North property line) to a minimum of 5 feet for a
proposed parking area;
3) . A Variance from the 25-Foot Front-yard setback along Notre
Dame Avenue (East property line) to a minimum of 5 feet £or a
proposed parking area;
4) . A Variance from the required 192 on-site parking spaces for a
proposed school with 1,170 classroom seats (1 space/10 seats
req.) and 150 staff inembers (1 space/2 staff inembers req.) to a
minimum of 49 on-site parking spaces and 329 proposed off-site
parking spaces as shown;
5) . A Variance from the required parking screening of one shrub
at a 3.0 ft. on-center spacing along the entire frontage of the
proposed parking along Cedar Street and Notre Dame Avenue to a
minimum of 47 shrubs as shown;
6) . A Variance from the requirement providing foundation
landscaping along Cedar Street (North line) Notre Dame Avenue
(East line) , LaSalle Avenue (South line) and St. Louis Street
(West line) at a rate of one tree per 50 ft. of building width
and 10 shrubs per 50 ft. of building width to a minimum of 22
trees and 241 shrubs as shown;
7) . A Variance to be allowed to place proposed loading areas in
the space between the front faqade of the proposed building and
Cedar Street right-of-way (North line) with maneuvering area
allowed in the Cedar Street right-of-way as shown;
8) . A Variance to be allowed to place a proposed dumpster area in
the space between the front fa�ade of the proposed building and
the Cedar Street 25-Foot Front-yard setback line with the
landscaping proposed;
9) . A Variance from the maximum allowed one accessory structure
to 5 accessory structures shown including a Concession
stand/Maintenance building, a Press Box, two outdoor seating
stands and a Scoreboard as shown;
10) . A Variance from the allowed maximum height of 17 feet for
accessory structures to a maximum height of 21 feet for a
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Concession stand/Maintenance building, 43 feet for the proposed
Press box and 25 feet for the outdoor seating stands and 25 feet
for the proposed Scoreboard;
11) . A Variance from the 25-Foot Front-yard setback along St.
Louis Street to a minimum of 3 feet for a proposed accessory
structure as shown;
12) . A Variance . from the 25-Foot Front-yard setback along St.
Peter Street to a minimum of 0 feet for a proposed accessory
structure and a running track with game courts as shown;
13) . A Variance from the maximum allowed height of 4 ft. for a
fence in the 25-Foot Front-yard setback along Notre Dame Avenue
(East line) , LaSalle Avenue (South line) and St. Louis Street
(West line) and St. Peter Street (South portion of site) to a
maximum height of 6 feet for a proposed chain-link fence as
shown;
14) . A Variance from the requirement of providing a required
perimeter landscaping of one (1) deciduous tree at a minimum
spacing of 40 feet on-center along the North, East, South and
West property lines to providing a minimum of 47 over-story trees
as shown along said property lines;
15) . A Variance of providing one interior parking landscape
island at a rate of one island per 15 spaces for a total .of four
islands for the proposed on-site 49 spaces parking area to the.
two islands shown;
16) . A Variance from the 25 Foot Front-yard setback along St.
Louis Street to a minimum of 5 feet to allow for the placement of
proposed game courts with their associated protective fencing as
shown.
17) . A Variance from providing 655 on-site parking spaces for
proposed athletic fields (stadium) (i.e. 1 space per 5 seats & 1
space for 2 employees) to 49 on-site spaces and 329 proposed off-
site spaces for a proposed 3,250 seat outdoor seating area for a
combination footballjsoccer field and track and field facility as
shown with 10 employees;
18) . A Variance from the maximum allowed 32 square foot for a
monument sign to a maximum of 33 square foot for relocating an
existing digital sign to the Petition site.
The Petitioners are the owners of the real estate parcels
shown on the attached site plan and as shown in the records of
the St. Joseph County, Indiana Auditor's office. The Petitioners
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have been approached by representatives of the Diocese of Ft.
Wayne, who desire to purchase the Petitioner's properties and
build the new St. Joseph High School Campus, ,athletic fields and
parking areas for staff, students and visitors. The attached site
plan depicts the proposed layout of the main campus school
building and athletic fields to be located in the block bounded
by Cedar Street on the north, Notre Dame Avenue on the east,
LaSalle Avenue on the south and St. Louis Street on the west.
There will be a small parking lot for some staff and visitors
located at �he northeast corner of the main campus site. The
remaining parking areas proposed to service the campus are
located to the west of the main campus on the block bounded by
Cedar Street on the north, St. Louis Street on the east, Hill
street on the west and on either side of Madison Street as shown.
The Diocese through its representatives is also in discussions
with the owners of the property located at the northwest corner
of. St. Peter Street and LaSalle Avenue to acquire that real
estate which will allow for the athletic fields to be fully
developed as shown. Once that property is acquired, a Rezoning
will be requested on that property to downzone the real estate to
the "SF2" Single Family and Two Family zoning classification. The
Petitioners are in the process presently of Rezoning the main
campus site from "O" Office and "MU" Mixed Use Districts to the
"SF2" Single-family and Two Family District. From a planning
perspective, the City's "SF2" District appears to best match the
proposed school project.
Representatives of the conti.ngent purchaser met with the
staffs of the Area Plan Commission and the Building Department to
review the site plan for the school and to determine the
processes required for the projects' approval. Based on those
discussions, it was determined that this proposed project would
require a Rezoning for the main campus as stated above, along
with several Variances for the location of site improvements and
landscaping. The off-site parking areas to service the school
would be required to have Special Exceptions approved along with
Variances for the location of parking spaces and landscaping. The
northwest parking area will also require approval of an Alley
Vacation Petition for the existing Alleys that bisect the block
containing the proposed parking. The request for the Alley
Vacations has also been submitted to the City for approval.
. The preliminary site plan, which is attached to this Petition,
shows the location of the main school building, the small parking
lot to be located on-site, the proposed delivery areas and the
associated athletic fields and proposed accessory buildings and
structures. . Based on the development standards in the City' s
"SF2" District the following Variances and Special Exceptions are
being requested.
The first Variance being requested is from the maximum allowed
height of 40 feet to a maximum height of 53 feet for the proposed
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school building. The school structure is being built into the
existing hill, which slopes from Cedar Street on the north to
LaSalle Ave. on the south. The elevation difference across the
site is approximately 42 feet. The Architect's elevation for the
building would not exceed 53 feet from the ground to the highest
point of the roof. The building will appear one-story from Cedar
Street, but from the south will appear two-stories. The
Petitioners do not believe this request would have a detrimental
affect since the previous Hospital structure had a height of over
ten floors or 100 feet.
The next Variances being requested are from the 25-Foot Front-
yard setback along Cedar Street (North property line) to a
minimum of 5 feet and from the 25-Foot Front-yard setback along
Notre Dame Avenue (East propertg line) to a minimum of 5 feet for
a proposed parking area. The proposed school building has its
main entrance oriented towards the corner of Cedar Street and
Notre Dame Avenue. The intent of this layout allows for a small
parking area to be created on the upper tier of the site, and
will provide a convenient parking area for some of the school
staff and for visitors to the building. The parking has been
setback to allow for a landscape buffer area between the spaces
and the sidewalk. Previously there were parking and buildings at
the property line. Also along both sides of Cedar Street there
are angled parking spaces, which back up to the existing walk.
These spaces are proposed to remain. The "SF2" district does not
specifically address parking spaces, but it is assumed that any
parking must be no closer than 25 feet to the front property
line, The proposed plan does create a landscape buffer between
the spaces and the walk, which will screen the parking spaces.
The Petitioners would ask for approval of this Variance with the
landscape buffer.
The next Variance request is from the required 192 on-site
parking spaces for a proposed school with 1,170 classroom seats
(1 space/10 seats req. ) and 150 staff inembers (1 space/2 staff
members req. ) to a minimum of 49 on-site parking spaces and 329
proposed off-site parking spaces as shown. The proposed school
campus as designed is providing more than the required parking
for staff and students, but due to the nature of developing an
urban infill site, the entire amount of required parking can' t be
located on the same property as the school building. The main
parking areas will be located close to the main campus on the
west side of St. Louis Street. These parking areas will still be
convenient to the building entrances on the south and west sides
of the building. The Petitioners do not believe approval of this
Variance would adversely affect any adjacent properties. The
properties for the proposed off-site parking were previously
being used for parking for the Hospital.
The next Variance request is from the required parking
screening of one shrub at a 3.0 ft. on-center spacing along the
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entire frontage of the proposed parking along Cedar Street and
Notre Dame Avenue to a minimum of 47 shrubs as shown. The
Petitioners propose to place a minimum of 47 shrubs along the
frontage of the parking spaces facing Cedar Street and Notre Dame
Avenue. They believe that screening the proposed parking with the
shown shrub groupings will create the landscape buffer intended
by the Ordinance. They would also say that the proposed
landscaping exceeds what was previously along this portion of the
site where pavement was up to the property lines. The Petitioners
would ask the Board members to agree that the landscaping shown
would not be a detriment to any surrounding property and will
screen the proposed parking spaces.
The next Variance request is from the requirement providing
foundation landscaping along Cedar Street (North line) Notre Dame
Avenue (East line) , LaSalle Avenue (South line) and St. Louis
Street (West line) at a rate of one tree per 50 ft. of building
width and 10 shrubs per 50 ft. of building width to a minimum of
22 trees and 241 shrubs as shown. The Petitioners would state
that this school site is unique in that the building faces four
street frontages. They are asking flexibility in the placement of
landscaping around the building. They would like to group the
landscaping at the building entrances as shown and along portions
of the building facades to break up the .visual impact of the
building walls facing the streets. They believe that the
landscaping as shown does meet the intent of the Ordinance and at
the same time works with the site and the Architecture of the
building. They would ask the Board to agree that the proposed
landscaping would not adversely affect any adjacent property.
The next Variance request is to be allowed to place proposed
loading areas in the space between the front fa�ade of the
proposed building and Cedar Street right-of-way (North line) with
maneuvering area allowed in the Cedar Street right-of-way as
shown. There are two loading areas proposed. The Architect
designed the loading areas to work with the function of the
interior of the building. The design was to keep the delivery of
supplies for the school on the same level that they would be
stored and close as possible to the portion of the building where
they would be used. The Architects also worked with the City to
locate the loading/delivery areas that would have the least
traffic impact conflicts along the adjacent streets and still
allow for easy access for trucks to the building. The
loading/delivery area will also be screened as much as possible
from the street. The Petitioners would ask for approval of this
Variance.
The next Variance request is similar to last in that approval
is being asked to place a proposed dumpster area in the space
between the front fa�ade of the proposed building and the Cedar
Street 25-Foot Front-yard setback line with the landscaping
proposed. The Architect placed the dumpster/trash compactor along
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the same driveway being used for deliveries. This would help to
keep traffic conflict points to a minimum and still allowed easy
access from the street for trash pick-up service. The proposed
dumpster area will also be screened from Cedar Street as shown.
The Petitioners believe this location was the logical area for
the dumpster on this site. They would ask for approval of this
Variance.
The next Variance request is from the maximum allowed one
accessory structure to 5 accessory structures shown including a
Concession stand/Maintenance building, a Press box, two outdoor
seating stands and a Scoreboard as shown. The "SF2" District
permits a school, but the Ordinance as worded allows only one
accessory structure on the property. This works for single-family
use, but not for a school campus. The Petitioners are requesting
a Variance to allow for additional accessory structures that are
needed for the school's use. These additional structures include
a Concession stand/Maintenance building to service the athletic
fields and a Press box for the schools athletic programs
including football games, soccer games and track and field
events. Approval is also needed to allow for the two proposed
seating stands that will be placed on either side of the
football/soccer field. The last accessory structure requested is
for the proposed Scoreboard, which will be located at the
northeast corner of the athletic fields as shown. This will
service all the athletic fields and game courts for track and
field events. The Petitioners would ask approval to allow these
structures' as they believe they are typical of accessory
structures for a school campus. They don't believe these
accessory structures would adversely affect surrounding
properties.
The next requested Variance works in conjunction with the
accessory structures mentioned above. The request is from the
allowed maximum height of 17 feet for accessory structures to a
maximum height of 21 for a proposed Concession stand/Maintenance
building, 43 feet for the proposed Press box and 25 feet for the
outdoor seating stands and 25 feet for the proposed Scoreboard.
This request is to allow accessory structures normally associated
with school campus developments to exceed the maximum allowed 17-
foot height reserved for accessory buildings such as detached
garages in single-family districts. The Petitioners are
requesting to have a maximum height of 21 feet for the Concession
stand/Maintenance building located along St. Louis Street. This
building is to service the athletic field events and also for
storage of some of the maintenance equipment. The height for the
proposed Press box is 43 feet. The reason for this request is
that the Press box is located at the top of the seating stands as
shown. The request is also to allow for the construction of the
seating stands to a maximum height of 25 feet. The last request
for height adjustment is for the proposed Scoreboard to a maximum
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height of 25 feet. The Scoreboard will be oriented towards the
athletic fields and not facing any adjacent properties. The
Petitioners would ask for approval of the height Variances, as
they do not believe the approval will have a negative impact on
surrounding properties.
The next requested Variance is from the 25-Foot Front-yard
setback along St. Louis Street to a minimum of 3 feet for a
proposed accessory structure as shown. The proposed
Concession/Maintenance building was located to work with the
orientation of the athletic fields and the proximity of the
parking areas that would be used by parents, students and
va.sitors attending the school's athletic advents. The building
was located to allow for enough room between the Concession
stand/Maintenance building and the athletic fields, but oriented
so that patrons would be on the side away from St. Louis Street.
The Petitioners plan to add landscaping on the west side of the
building as shown, which faces S�. Zouis Street. The Petitioners
believe the location of this proposed building with landscaping
would not adversely affect adjacent properties.
The next Variance request is from the 25-Foot Front-yard
setback along St. Peter Street to a minimum of 0 feet for a
proposed accessory structure and a running track with game courts
as shovm. This Variance is being requested which allows the
Petitioners to proceed with site improvements around the St.
Peter Street frontage and of the Petition site. As mentioned
above, the Petitioners are in discussions with the owner of the
adjacent property at the northwest corner of St. Peter Street and
LaSalle Avenue. This property would be Rezoned to the "SF2"
District classification to be the same as the main campus site. A
Street and Alley vacation would also be submitted to for the
Vacation of St. Peter Street and the adjacent Alleys, so that
real estate could be incorporated into the main school campus
site. Approval of this Variance would allow for the preparation
of the site for the proposed improvements planned in the area of
St. Peter Street. Approval of this Variance should not adversely
affect the adjacent properties.
The next requested Variance is from the maximum allowed
height of 4 ft. for a fence in the 25-Foot Front-yard setback
along Notre Dame Avenue (East line) , LaSalle Avenue (South line)
and St. Louis Street (West line) and St. Peter Street (South
portion of site) to a maximum height of 6 �eet for a proposed
chain-link fence as shown. This Variance is being requested to
allow the ability to secure the proposed athletic fields and the
associated accessory structures. This Variance is required due to
the fact the property is bounded on all sides by public streets.
The intent of the "SF2" standards relates to single-family homes
and limiting fences in the front yards of those residential
dwellings. The Ordinance does not address a situation where a
school campus is planned in an urban area such as the shown
10 ,
Petition site. The Petitioners would ask approval of this
Variance to be allowed to secure a portion of the school site.
Approval of this Variance should not be detrimental to the
surrounding properties.
The next requested Variance is from the requirement of
providing a required perimeter landscaping of one (1) deciduous
tree at a minimum spacing of 40 feet on-center along the North,
East, South and West property lines to providing a minimum of 47
over-story trees at a spacing of approximately 80 feet on-center
as shown along said property lines. Presently on the Hospital
site there were approximately 30 street trees along the perimeter
of the site. As proposed, the Petitioners would be adding over 30
street trees to an additional 2050 lineal feet of the perimeter
boundary and more trees in designated interior areas of the site.
They believe the proposed perimeter landscaping adds a site
amenity, which presently does not exist, and still meets the
intent of the Ordinance. The plan, as proposed, would provide a
continuous tree canopy along the shown perimeter of the site. The
Petitioners believe approval of this Variance would not create a
negative impact for any adjacent property.
The next requested Variance is from the requirement of
providing one interior parking landscape island at a rate of one
island per 15 spaces for a total of four islands for the proposed
on-site 49 spaces parking area to the two islands shown. The
Petitioners are asking to build the parking lot as shown with no
interior landscape islands at the north side of the parking lot.
As designed they would prefer to keep this area open for storing
snow, but still allows for the use of the parking spaces. The
Petitioner would incorporate the two removed trees into the
landscape area around the parking lot. They believe the lot as
designed meets the intent of the Ordinance with the proposed
landscaping trees and shrubs.
The next requested Variance is from the 25-Foot Front-yard
setback along St. Louis Street to a minimum of 5 feet to allow
for the placement of proposed game courts with their associated
protective fencing as shown. The proposed site plan shows the
location of two proposed game courts south of the Concession
stand/Maintenance building along LaSalle Avenue and St. Louis
Street. The Ordinance requires these types of uses to be 25 £t.
from the street right-of-way. These game courts were placed to
work with the other athletic uses on the site and with the
existing topography, which is flat at this location. The
Petitioners believe that placing the game courts as shown with
the proposed fencing would not have a detrimental affect on
adjacent properties.
The next Variance is from the requirement of providing 655 on-
site parking spaces for proposed athletic fields (stadium) (i.e. 1
space per 5 seats & 1 space for 2 employees) to 49 on-site spaces
and 329 proposed off-site spaces for a proposed 3,250 seat
11
outdoor seating area for a combination football/soccer field and
track and field facility as shown with 10 employees. The
Petitioners would ask approval to use the proposed on-site
parking and shown off-site parking to provide 378 spaces for the
shown athletic fields and track and field facilities. They are
requesting to use the same spaces that are provided for the
school and staff. The parking required for the school and those
required for athletic events would be used at different times.
The athletic events are held after school when the daytime spaces
will be free for use. The Petitioners believe that the provided
378 spaces will more than meet the need of the parents, students
and visitors for any athletic event held at the school. This
amount would exceed the amount of spaces presently available at
the existing school site. The Petitioners would prefer not to
build more spaces than necessary. The unused spaces would
increase the pervious surface of the site as well as adding to
the surface runoff which would be created and necessitate
handling in a larger drainage storage system on site.
The last requested Variance for Parcel "A" is from the maximum
allowed 32 square foot for a monument sign to a maximum of 33
square foot for relocating an existing digital sign to the
Pe.tition site. The Petitioners wauld like to be able to use the
existing sign they have presently at the old school site. The
size of that digital sign is 33 square feet. They plan to take
the existing sign and place it in a monument style cabinet. The
Variance would allow the re-use of the existing digital sign. The
Petitioners do not believe the approval of this Variance for a
relocated sign would have a detrimental affect on any of the
adjacent properties.
As shown on the attached site plan, the Petitioners desire to
take the real estate shown as Parcel "B" to use it for off-site
parking for the proposed school campus and associated athletic
fields. Almost all of this property was previously used for o£f-
site parking for the Hospital. After discussions with the Area
Plan Commission staff and Building Department staff, it was
determined that since the existing parking lot will be removed
and the new parking lot will be configured as shown, Variances
would be required.
The first requested Variance is from minimum required 20-Foot
Front-yard Setback along St. Louis Street (East line) and Madison
Street (South Line) to a minimum o£ 5 feet for a proposed parking
area. The property has a Zoning classification of "MU" Mixed Use,
which requires a minimum Parking setback of 20 feet. Presently
the existing pavement goes to the property line. The Petitioners
desire to place the parking 5 feet from the property line to
match their other on-site proposed parking lot and to allow
enough area for some landscape screening along a portion of the
parking frontage. The Petitioners believe the replacement of the
existing broken pavement with new asphalt and proposed
12
landscaping, will provide a visual break between the proposed
parking spaces and St. Louis Street.
� The next requested Variance is from providing one interior
parking landscape island at a rate of one island per 15 spaces
for a total of fifteen islands for the proposed on-site 211
spaces parking area to the eight islands shown. This Variance
request is similar to the request for the on-site parking lot
landscape island reduction. The Architects designed the lot to
have a storage area for snow that would have the minimum impac�
on the loss of use o� parking spaces. The Petitioners would
replace the removed trees within the open space area that will be
created on the upper tier area adjacent to Cedar Street. The
Petitioners would state that they are removing a large expanse of
existing pavement and replacing it with a lawn area. They believe
with the relocation of trees and enlarged landscape area they are
meeting the intent of the Ordinance and would ask for approval of
the Variance.
The next requested Variance is from required parking screening
of one shrub at a 3.0 ft. on-center spacing along the entire
frontage of the proposed parking along St. Louis Street (East
line) , Madison Street (South line) to a minimum of 146 shrubs as
shown. This Variance request is also similar to the Variance .
request for the on-site parking area. The Petitioners are adding
landscape screening in the area between the proposed parking
spaces and driveway and the adjacent sidewalk/parkway along St.
Louis Street and Madison Street and Hill Street as shown.
Presently, there is no buffer/landscape area between the sidewalk
and existing parking. The Petitioners believe the proposed plan
will provide a sufficient screening buffer for the proposed
parking spaces and paved areas from the adjacent streets and
sidewalks.
The last Variance £or Parcel "B" is from the requirement of
providing a required peri.meter landscaping of one (1) deciduous
tree at a minimum spacing of 40 feet on-center along the North,
East, South and West property lines to providing a minimum of 18
�over-story trees as shown along said property lines. The
placement of the proposed perimeter trees matches the spacinq
request on the main campus site. The Petitioners believe the
addition of the minimum of 18 trees compared with the small
amount of trees present today would meet the intent of the
Ordinance.
The Last portion of this Petition concerns the request to ask
for approval of a Special Use Exception for Parcels "B" and "C"
shown on the attached site plan, which, are proposed for off-site
parking for the school campus. The request for approval of the
Special Exception Use is due to the fact that these properties
are presently zoned "MU" Mixed Use District. The Ordinance
requires that parking lots which do not contain a primary use to
13
be approved as a Special Exception Use. More specifically, the
Petitioners are requesting for shown Parcels "B" and "C",
approval of a Special Exception Use as allowed under Section 21-
03.02 (2) (D) o£ the City of South Bend Zoning Ordinance to allow
for an Accessory Use (Off-site Parking) .
The Petitioners and the contingent purchasers would ask the
Board Members to agree that approval of the Special Exception Use
to allow for off-site parking lots for the proposed school
project, would not be injurious to the public health, safety,
comfort, community moral standards, convenience or general
welfare, or injure or adversely affect the use of the adjacent
area or property values therein, and that the proposed use will
be consistent with the character of the district in which it is
located and the land uses authorized therein, and that the
proposed use is compatible with the recommendations of the City
of South Bend Comprehensive plan, all of which is requested by
the South Bend Municipal Code � 21-09.03 (i) .
The Petitioners and the contingent purchasers believe that
moving the proposed school campus to the shown Petition site
would have a positive effect on the neighborhood, as it will take
an existing Hospital site which is vacant and allow for a new use
which will serve the community for decades to come.
The Petitioners believe that approval of the above Special
Exception Use for the proposed school will not be detrimental to
adjacent properties, nor will it adversely affect the surrounding
property values.
The Petitioners and contingent purchasers would ask the Board
Members to agree that approval of the above described Variances
and the Special Exception Uses will not have a detrimental affect
for this area, nor would the property values, public's health,
safety, morals, or general welfare be adversely affected.
The Petitioners contends 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 and the Special Exception Uses are sought: that the need
for the Variances and the Special Exception Uses arises from such
condition peculiar to the 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 and Special Exception Uses will not be
injurious to the public health, Safety, morals, or general welfare
of the community. �
I attest, under the penalties for perjury, that the foregoing
representations are tr
Michael J. Danch
President
Danch, Harner & Associates, Inc.
� AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
May 5, 2011
The Honorable Common Council
of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception for St. Joseph Regional Medical Center South Bend
Campus, Inc., Roman J. Smith 2010 Revocable Trust, Camiel & Rose VanDeWalle
and Judith Casey
ABZA 5/4/11
Dear Council Members:
The above referenced petition of St. Joseph Regional Medical Center South Bend Campus, Inc.,
Roman J. Smith 2010 Revocable Trust, Camiel & Rose VanDeWalle and Judith Casey was
legally advertised on April 14, 2011. The Area Board of Zoning Appeals gave it a public
hearing on May 4, 2011, at which time the following action was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried,
the petition for Special Exception for off site parking, on property located at 413, 417 &
425 St. Louis Street and 418, 420 &428 Hill Street is sent to the Common Council with a
Favorable Recommendation with the condition that additional landscaping is provided
per Area Plans recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerel ,
r �
Charles C. Bulot, C.B.O.
Building Commissioner
CCB/cah
ST.JOSEPH REGIONAL MEDICAL CENTER SOUTH BEND CAMPUS,
ROMAN J. SMITH,VANDEWALLE 8r.CASEY
PARCEL C
SPECIAL EXCEPTION PURSUANT 21-09.3(D�
AREA BOARD OF ZONING APPEALS
FINDINGS OP FACT
I. THE PROPOSED USE WILL NOT BE INJURIOUS TQ THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
Development and use as presented will comply with all building,fire safety,traffic, and parking regulations as to
not being injurious to the public health, safety, morals, and general welfare ofthe community.
2. THE PROPOSED USE WILL NOT 1NJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance ofthe neighborhood and will not devalue the surrounding
properties.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
It is the feeling ofthe Board that the variance is blending into the overall Comprehensive Plan and is not deviating
from it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 4th Day ofMAY,201 1.
YES NO
0 MICHAEL URBANSKI
ABSENT RANDALL MATTHYS
0 JACK YOUNG
� GERALD PHIPPS
� ROBERT HAWLEY
� JOE VELLEMAN
� BRENDAN CRUMLISH