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HomeMy WebLinkAbout65-16 Lawrence & Corby Rezoningri IRA LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571 November 2, 2016 South Bend Common Council 4"' Floor, County -City Building South Bend, IN 46601 RE: Bill # 65 -16 Rezoning: APC #2800 -16 — 913 Lawrence Street and 427 & 437 Corby Blvd. Dear Council Members: The Area Plan Commission will hold a public hearing on November 15, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, November 28, 2016. Ordinance & Petition Amendments: The following changes have been made to the above referenced petition: Ordinance & Petition: 1.) 437 Corby Boulevard was added to the Ordinance title. 2.) Variances were updated on the petition. A Copy of the revised Ordinance is attached. A summary of public comment will be provided after the Area Plan Commission Meeting. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, a6lLavl�� Keith Chapman, Planner CC: Kathleen Cekanski- Farrand Filed in Clerk's Office NOV 0 2 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. ST] O S E P H C O U N T Y INDIANA. C O M /AREA PLAN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 913 LAWRENCE STREET AND 427 & 437 CORBY BOULEVARD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To construct townhomes. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: THAT PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PART OF LOT # 151 OF THE PLAT OF "SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, NOW CITY OF SOUTH BEND" AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 151; THENCE N.90 °00'00" W. ALONG THE SOUTH LINE OF SAID LOT AND THE NORTH RIGHT -OF- WAY LINE OF CORBY BO ULEVARD A DISTANCE OF 158.94 FEET MORE OR LESS TO THE EAST LINE OF A 14 FT. WIDE PUBLIC ALLEY, THENCE N. 00000'00"W. ALONG SAID EAST LINE A DISTANCE OF 198.00 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF A 14 FT. WIDE PUBLIC ALLEY; THENCE S. 90 °00'00" E. ALONG SAID SOUTH LINE A DISTANCE OF 159.29 FEET TO THE WEST LINE OF LAWRENCE STREET; THENCE ALONG SAID WEST LINE, S. 00 °00'00" E, A DISTANCE OF 198.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.72 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as M171 Urban Corridor Multifamily District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. City Clerk day of Mayor, City of South Bend, Indiana '1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED JASSED 2 , at Filed in Clerk's Office NOV -O,2'2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN I)PPI/I "anch, 1-/arnar cV associates, Inc. Land Surveyors ■ Professional Engineers Landscape Architects • Land Planners Office: (574)234 -4003 / (800)594 -4003 M Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of South Bend Common Council 4"' Floor County -City Building South Bend, Indiana 46601 October 3, 2016 RE: Rezoning Petition for 427 and 437 Corby Boulevard and 913 Lawrence Street, South Bend, Indiana 46617. Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the properties located at 427 and 437 Corby Boulevard and 913 Lawrence Street, South Bend, Indiana 46617. This requested Rezoning would allow for the approval of a single family attached townhome development to be built as shown on the attached site plan. The proposed site improvements would include the construction of single family townhomes which would have frontage along both Corby Boulevard and Lawrence Street. Our clients believe the improvements proposed for the properties would be a compatible use in the surrounding mixed use neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harper & Associates, Inc. File No. 160204 "C" Md Filed in Clerk's Office OCT 0 5 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PETITION FOR ZONE MAP AMENDMENT Cit� ofSouth Bend. Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address(es) -, 427 and 437 Corby Boulevard and 913 Lawrence Street, South Bend, Indiana 46617. 2) The property Tax Key Number(s) is /are: Enter property tax key nunnber(s): 018 -5111 -3975, 018 -5111 -3976, 018 -5111 -3972. 3) Legal Descriptions: Enter full legal description: See attached. 4) Total Site Area: Enter total acres to be rezoned: 0.72 Acres. 5) Name and address of property owner(s) of the petition site: DAMSHA BUA LLC 4404 Technology Drive South Bend, Indiana 46628 Ph. No. 574- 277 -0116 E -Mail Address N/A Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: N/A Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District N/A To: MF1 Urban Corridor Multifamily District Filed in Clerk's Office OCT 0 5 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 8) This rezoning is requested to allow the following use(s): Insert intended use(s): Residential Uses. IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. See attached. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: See Attached (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: See Attached (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See Attached IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch @danchharner.com BY SIGNING T,IIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY. AND ALL QUESTIONS THEREON. Signatures) of all property owner(s), or signature of Attorney for all property owner(s): 13o,)4 T?�ftct, w X74 - 2? 7 - 5 -7 F 10 -26 -16 Revised Requested Variances: 1). From the required minimum 6 ft. side yard setback to 5 ft.; Filed in Clerk's Office KAREEMAH FOWLER C"CLEPy: .:t -TH REND, IN 2). For projects containing two or buildings; From the minimum required 6 ft. interior side yard to 2 ft.; 3). From the required 6 ft. minimum interior side yard between dwelling units to a minimum of 0 ft.; Requested NNZO Variances, 1). From the requirement that the height and massing of new multi- family buildings shall be no more than twice the massing of the immediately abutting building, including buildings on the same lot to a maximum of seven times. 2). From the requirement that Mechanical equipment shall not be located along primary and secondary street frontages to being allowed but shall be screened from the street by fencing or landscaping. 3). From the requirement that Driveways shall be no more than twelve feet (12') wide at front property line to a maximum of 20 ft. Requested Variance information: The owners are in the process of developing the petition site to have a total of Nine (9) single - family attached townhomes. Six townhomes would face Corby Boulevard and three would face Lawrence Street. Access to the site would be off of existing public alleys which are located on the North and West sides of the site. Also shown is a single driveway with access onto Lawrence Street. This site also is located in the NNZO Overlay district neighborhood. The owner's representative meet with the Area Plan Commission staff to review the project and the process required for allowing the development to be approved as proposed. Based on that meeting it was determined that the best way to proceed with the project would be to request a rezoning of the property to the "MF1" Urban Corridor Multifamily zoning classification. This would allow for the proposed Townhomes. As part of the rezoning process a few variances would also be required for the project as shown. More specifically the owners are requesting: A Variance from the required minimum 6 ft. side yard setback to 5 ft. The MF1 zoning requires a 6 foot setback along the project boundaries. The owners would like to add some architectural character to the townhomes, which is shown as having a bay type window on the side of the building fagade. Only a small portion of the building would encroach 1 foot into the setback. The owners do not believe this small encroachment for a window would have a negative impact on any surrounding property. The window location is oriented towards the existing public alleys. The second Variance request for projects containing two or buildings and the request is from the minimum required 6 ft. interior side yard to 2 ft. The two buildings along Corby Street are separated at the closest point by 4 foot. The requirement is for yards to be 6 ft. wide and they cannot overlap. The intent was to keep the yard areas along the perimeter of the project as large_ _..... as possible. The owners do not believe approval of this request on an interior portion of the project site would have a detrimental effect on any adjacent property. The third Variance request is from the required 6 ft. minimum interior side yard between dwelling units to a minimum of 0 feet. This request is to allow for the proposed dwelling units to be placed on individual lots through the City's Subdivision process. The owners do not believe approval of this request would have a negative impact on any surrounding property. The owners are also requesting Variances from certain sections of the NNZO. More specifically the following are being requested: From the requirement that the height and massing of new multi - family buildings shall be no more than twice the massing of the immediately abutting building, including buildings on the same lot to a maximum of seven times. This request is needed due to the existing homes which are located to the West and North of the project site. Those homes are some of the original dwellings which were built several decades ago on smaller lots. The intent is to add new single family attached homes in the neighborhood. There are a variety of sizes of homes in the area from one story modest dwelling to large two story homes. The homes closest to the project site are on the small to modest size. In order to provide affordable homes that meet a demand for the area the proposed single family townhomes are built with common walls. This type of housing based on the ordinance creates a larger overall massing than existing detached homes on smaller lots. The proposed project will blend with the mixture of dwelling styles, sizes and architecture in existence. The owners do not believe the approval of the proposed new dwellings will have a negative impact in the neighborhood. The next request is from the requirement that Mechanical equipment shall not be located long primary and secondary street frontages to being allowed but shall be screened from the street by fencing or landscaping. Due to the project being located on a corner with homes facing both streets there will be a situation where the placement of mechanical equipment may be seen from one of the street frontages. The owners would mitigate this by placing a screening fence and or landscaping to create a visual barrier to eliminate a direct view of any mechanical equipment from a street. The owners do not believe approval of this request would have a detrimental effect on any surrounding property. The last request from the NNZO design guidelines is from the requirement that Driveways shall be no more than twelve feet (12') wide at front property line to a maximum of 20 ft. The project as shown would have one driveway of a 20 ft. width which would access Lawrence Street. This driveway is the interior driveway system for accessing the rear located garages of each dwelling. This interior driveway will also access the public alleys which will be paved and brought up to City standards. This one driveway access point to the public street is similar to other access drives for townhome developments. The width will allow for enough room for vehicles to both enter and exit the site without creating a traffic conflict. The owners do not believe approval of this request will adversely affect any surrounding property. The owners would ask the Commission members to agree that the approval of the above requested Variances, will not be injurious to the public health, safety, morals and general welfare of the community and the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. Filed in Clerk's OffiCe i NOV O2 2016 KAREEMAH FOWLER CITY CLERk, 7`1 BEND, IN LEGAL DESCRIPTION: THAT PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PART OF LOT # 151 OF THE PLAT OF "SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, NOW CITY OF SOUTH BEND" AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 151; THENCE N.90 000'00" W. ALONG THE SOUTH LINE OF SAID LOT AND THE NORTH RIGHT -OF -WAY LINE OF CORBY BOULEVARD A DISTANCE OF 158.94 FEET MORE OR LESS TO THE EAST LINE OF A 14 FT. WIDE PUBLIC ALLEY; THENCE N. 00 000'00 "W. ALONG SAID EAST LINE A DISTANCE OF 198.00 FEET MORE OR LESS TO THE SO UTH RIGHT -OF- WA Y LINE OF A 14 FT. WIDE P UBLIC ALLEY; THENCE S. 90000'00" E. ALONG SAID SOUTH LINE A DISTANCE OF 159.29 FEET TO THE WEST LINE OF LAWRENCE STREET; THENCE ALONG SAID WEST LINE, S. 00 °00'00" E., A DISTANCE OF 198.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.72 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Clerk's Office OCT 0 5 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Filed in Clerk's Office EXHIBIT "A" I u OCT U 5 2015 NOTE: The City of South Bend Zoning Ordinance, requires the use o21SDMKINa_ " commitments made with respect to Development Plan Approvals, Z BEND, IN Planned Unit Developments in accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -615. COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE. In accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -615, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENT concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: THAT PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PART OF LOT # 151 OF THE PLAT OF "SORIN'S SECOND ADDITION TO THE TOWN OF LOWELL, NOW CITY OF SOUTH BEND" AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, AND BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 151; THENCE N.90 °00'00" W. ALONG THE SOUTH LINE OF SAID LOT AND THE NORTH RIGHT -OF -WAY LINE OF CORBY BOULEVARD A DISTANCE OF 158.94 FEET MORE OR LESS TO THE EAST LINE OF A 14 FT. WIDE PUBLIC ALLEY; THENCE N. 00000'00"W. ALONG SAID EAST LINE A DISTANCE OF 198.00 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF A 14 FT. WIDE PUBLIC ALLEY; THENCE S. 90 000'00" E. ALONG SAID SOUTHLINE A DISTANCE OF 159.29 FEET TO THE WEST LINE OF LAWRENCE STREET; THENCE ALONG SAID WEST LINE, S. 00 000'00" E., A DISTANCE OF 198.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.72 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. STATEMENT OF COMMITMENTS: 1. The project site as described above shall be limited to a total of nine (9) single family attached dwelling units. 2. The nine (9) single family attached dwelling units shall be owner- occupied only. Owner - occupied shall be defined as "Primary Residence" as defined under Internal Revenue Service codes for tax purposes (Internal Revenue Service Publication 523 (2009)). 3. No single family attached dwelling unit in the described project site shall be rented, leased or sub- leased for any duration, to any other party, group or person(s). 4. No single - family attached dwelling unit in the described project area shall exceed a maximum height of 40 feet to roof peek. 5. No more than four (4) single - family attached dwelling units shall make up any single building mass. 6. A minimum 5 ft. front -yard setback shall be required along any public street frontage. 7. A minimum 2 ft. offset shall be required between any single - family attached dwelling unit. 8. There shall be a Home Owners Association (HOA) created for the nine (9) single - family attached dwelling units. 9. The Home Owners Association shall allow their property ownership records, meeting minutes and agendas available for review by any Governmental Agency, the NNRO Northeast Neighborhood Redevelopment Organization the NENC Northeast Neighborhood Council. The HOA shall notify the NNRO Northeast Neighborhood Redevelopment Organization and the NENC Northeast Neighborhood Council of any meeting they hold. 10. No unrelated Graduate or Undergraduate student(s) shall be allowed to maintain occupancy in any single - family attached dwelling unit in the above described project site as said students are defined by the University of Notre Dame. These COMMITMENTS shall run with the land, be binding on the Owners of the above - described real estate, subsequent owners of the above - described real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. 1 INIMAN2 7420190 Ord. No.: 9495 -04 The COMMITMENTS contained in this instrument shall be effective upon the approval of Petition # pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 3. NNRO Northeast Neighborhood Redevelopment Organization 4. NENC Northeast Neighborhood Council 5. Owners of all parcels of ground adjoining the real estate within three - hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and 6. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of Petition # IN WITNESS WHEREOF, Owner has executed this instrument this LOW Printed Title 20 (Organization Owner) 2 INIMAN2 7420190 Ord. No.: 9495 -04 day of Filed in Clerk's Office OCT 0 5 [ 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN (Organization Acknowledgment) STATE OF) ) SS: COUNTY OF) Before me, a Notary Public in and for said County and State, personally appeared , the of South Bend Self Storage LLC, Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of , 20 Signature Printed County of Residence My Commission expires: This instrument was prepared by Danch, Hamer & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana 46628. We affirm under the penalties of perjury, that we have taken reasonable care to redact each Social Security number in this document, unless required by law. Filed in Clerk's Office OCT 0 5 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN 3 INIMAN2 742019vl ord. No.: 9495 -04 r� . N W Z Zs �Z z�= z0 ^U M = d 2 a=N v� o w 3 z = �jo0 � in zoQ w waw � m a�T oN Z� W O W U O H Q O.. g a E �•� i� � � a e i $ $ e F S mil Q � o h ©O p gs 0 w o a�9 19 J AEI al Z ® � e ®2® off iflll�lllid W g z a E a % 1,11g1 b N , X11 15, 511 Ill 1 pill R, HI 5 s alai ��