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HomeMy WebLinkAbout65-16 Lawrence & Corby RezoningLAWRENCE 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 (574) 235 -9571 November 16, 2016 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Filed in Clerk's Office NOV 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN RE: Bill # 65 -16 Rezoning: APC #2800 -16 — 913 Lawrence Street and 427 & 437 Corby Blvd. Dear Council Members: The Area Plan Commission held 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. The revised Ordinance and Petition were previously sent on November 2, 2016. Public Hearing Summary: There was 1 person that spoke in favor to the proposed rezoning. 1) Bill Stenz, President Northeast Neighborhood Council — Stated that the site is appropriate for multifamily density and that the Northeast Neighborhood board voted unanimously to approve this project. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, a 6IL4,cl� Keith Chapman, Planner CC: Kathleen Cekanski- Farrand SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E PH C O U N T Y I N D I ANA. C 0 M/ A R E A P L A N 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 BEN Wednesday, November 16, 2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 Filed in Clerk's Office NOV 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN RE: A public hearing on a proposed ordinance of DAMSHA BUA LLC to zone from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District, property located at 427 and 437 Corby, and 913 Lawrence Street, City of South Bend - APC# 2800 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of DAMSHA BUA LLC was legally advertised on November 3, 2016 and that the Area Plan Commission at its public hearing on November 15, 2016 took the following action: Upon a motion by Oliver Davis, being seconded by Elizabeth Maradik and unanimously carried, a proposed ordinance of DAMSHA BUA LLC to zone from SF2 Single Family & Two Family District to MFI Urban Corridor Multifamily District, property located at 427 and 437 Corby, and 913 Lawrence Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, subject to the following Written Commitments: 1) The project site as described above shall be limited to a total of nine (9) single family attached dwelling units; 2) No single - family attached dwelling unit in the described project area shall exceed a maximum height of 40 feet to roof peek; 3) No more than four (4) single - family attached dwelling units shall make up any single building mass; 4) A minimum 5 ft. front -yard setback shall be required along any public street frontage; and 5) A minimum 2 ft. offset shall be required between any single - family attached dwelling unit. Rezoning this property to MF1 Urban Corridor Multifamily District will allow for a variety of housing options in this area in order to address the demands of the market. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, Lawrence P. Magliozzi Attachment CC: DAMSHA BUA LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J OS 5 PH C 0 U N T Y I N D I ANA. CO M/ A R E A P L A N Staff Report APC # 2800 -16 Owner: DAMSHA BUA LLC Location: 427 and 437 Corby, and 913 Lawrence Street Jurisdiction: City of South Bend Public Hearing Date: 11/15/2016 Requested Action: 11/4/2016 Filed in Clerk's Office NOV 16 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN The petitioner is requesting a zone change from SF2 Single Family & Two Family District to MF1 Urban Corridor Multifamily District and requesting four variances from the development standards. Land Uses and Zoning: On site: On site is vacant land zoned SF2 Single Family & Two Family District. North: To the north are single family homes zoned SF2 Single .Family & Two Family District. East: To the east across Lawrence Street are single family homes zoned S172 Single Family & Two Family District. South: To the south across Corby Boulevard is a hotel zoned MU Mixed Use District and single family homes zoned SF2 Single Family & Two Family District. West: To the west are single family homes zoned SF2 Single Family & 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: Nine 2 -story townhomes, with three units in each building are proposed. Each unit has a garage, with a common access from the public alley. Zoning and Land Use History And Trends: This site was zoned residential prior to 2004. Traffic and Transportation Considerations: Corby Boulevard and Lawrence Street have two lanes. Utilities: This site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation. DCI does APC # 2800 -16 Page 1 of 4 Staff Report 11/4/2016 not have an objection to the variances to reduce the side yard setback, to reduce the interior side yard, or to increase the massing. The mechanical equipment must not be located along the street frontages. The equipment can be placed in side yards or on the islands between the garage entries. The petitioner should also give careful consideration to the placement of other services, such as trash pick -up. The petitioner may also wish to consider shifting the northern set of units slightly to the west to approximate the 10' +/- building line /setback of the neighboring housing units to the north. The petitioner should ensure that the corner unit adequately addresses Lawrence Street. The porch should turn the corner, the main door to the garage could be rotated to the east elevation, and the side can be well landscaped. The Department of Public Works recommends approval noting that the following are required prior to final site plan approval: 1) Completion of the City of South Bend Utility Verification Form; 2) Approval of sidewalk, curb cut, lighting, alley usage, and overall site improvement to reflect the Master Plan for the surrounding area. Of specific concern for this site are the plans for each of the drive approaches, the proposed alley usage (including bringing the alleys' condition up to city standard, maintenance, drainage, existing approaches, power pole at the alley entrance off of Lawrence), and ADA compliance plans for the existing sidewalk; 3) The access plans, and curb cut will need to go through the city curb cut application process; 4) Development of the site requires City approval of a Drainage Plan that meets the City's requirement to store all runoff from developed areas on site; 5) Verification of required (if any) waivers; and 6payment of all associated site plan review and permitting fees. Commitments: The petitioner is proposing the following Written 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; and 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. It is staffs opinion that only the Written commitments related to land use be approved. Staff recommends removal of Written Commitments 2, 3, 8, 9, and 10 as they do not relate APC # 2800 -16 Page 2 of 4 Staff Report 11/4/2016 to land use and would be difficult for Area Plan to enforce. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: This petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006) Objective H 1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: The Northeast Neighborhood Development Area Plan (November 2011) identifies this area for single family and two family residential as part of the single family home ownership preservation area. 2. Current Conditions and Character: The surrounding properties are mainly residential with a mixture of densities and home sizes. 3. Most Desirable Use: The most desirable use is residential. 4. Conservation of Property Values: With adequate landscape screening surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to allow medium density residential in a residential area. Combined Public Hearing The petitioner is seeking the following variance(s): 1) from the required minimum 6 ft. side yard setback to 5 ft. 2) from the required minimum interior yard of 6 ft. around building to 0 ft. for projects containing 2 or more buildings 3) 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 4) 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 State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; APC # 2800 -16 Page 3 of 4 Staff Report 11/4/2016 Because of the moderate density of the townhomes and the overall layout of the property, the proposed development should not be injurious to the public health, safety, or general welfar of the community. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; With proper screening and architectural detail as required by the Northeast Neighborhood Zoning Overlay, the development should not have an adverse impact on the use or value of the adjacent properties provided the mechanical equipment is located as far from the public space as possible. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of terms would result in the practical difficulties in the use of the property. The minimum separation between buildings would prohibit the ability to subdivide the property at a future date. Even though the massing of the proposed buildings are similar to other buildings in the area, the small size of the house immediately abutting this site creates a practical difficulty from constructing a medium density residential building. Because the buildings are located on a corner lot, strict application related to the placement of the mechanical equipment is difficult but the intent of the ordinance could be met by locating them behind the building fagade and as far from the public space as possible. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variances, subject to the mechanicals being located along the rear building fagade. Analysis: Rezoning this property to MF1 Urban Corridor Multifamily District will allow for a variety of housing options in this area in order to address the demands of the market. APC 4 2800 -16 Page 4 of 4 ............ .... P 51 k�4 20 � AMA IN - ".4A x Nk t "M-15, T AL a 7� --pow 3� .... ...... - wo- I MTV-%, m' ra i Rezoning from: CITY OF SOUTH BEND SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT to MF1 URBAN CORRIDOR MULTIFAMILY DISTRICT N W E MASTER ZONING KEY s SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT 1 inch = 100 feet SOUTH BEND "MU" MIXED USE DISTRICT APC # 2800 -16 uaxuKpu UN WOI•WUa11VyY WMPUM lM1a3 leuaaelad . uoRw„5 — ��I �a m IS o 9. cn f � IS o. *® I I W Z Q (ek /x .5 ze) z�sxis ��rtaxe�v� _ a — ----- _ — Z zo 3 . J MU (W 95881 .lSAO 5 d \3N \ \ \ co CL �CY°zWm s I WO a( TW ,zraat .c ssa9 x ;•m -sr�, $ $ I' W U 8 9WA tvno anaaa .0111 i Fix � E i �$ �� MIA, � �=� nfl §W° 5 & Z°' xaneeeo k „ °g §'tea a q " ¢ ; o:yg# 11 s ay 9, & e ° t N °�g�o ffi w e§ r` a s° € E ° �E� EdA i�a € 3 �m ° °ocwm a {t ©mt =emya °_no ® ® ®ae an £ N x r� < 803 Lincoln Way West * South Bend, Indiana 46616 ® Phone: 574 -289 -1 •• s''' 299 ^ Filed in Clerk's Office November 2016 =NOV116 Mr. Larry Magliozzi, Executive Director I(AREEMAH FOYVLER Area Plan Commission of St. Joseph County Indiana CITY CLERK, SOUTH BEND, IN 1100 County -City Building South Bend, Indiana 46601 RE: 427 and 437 Corby Boulevard and 913 Lawrence Street South Bend Indiana 46617- Housing Rezoning Site Dear Larry: Please know that the NNRO has reviewed the rezoning proposal for the housing development submitted by DAMSHA BUA LLC for the aforementioned site. After extensive discussion with the associated developers, the NNRO offers its support for the rezoning as proposed. The NNRO board of director's officially approved supporting the rezoning at its meeting on November 9, 2016. This letter also confirms that the support of the NNRO is pursuant to the fulfillment of certain written developer commitments (including but not limited to those on the official site plan of record and architectural drawings) to be recorded and enforced jointly or severally by the Area Plan Commission, City of South Bend, NNRO, NENC and owners adjacent to the real estate in question. Please know that NNRO representatives will be in attendance at the November 15, 2016 APC meeting to address their support of this important neighborhood housing development. If questions, please contact me or Mr. Sexton directly. Thank you. Uile rely, Marco Mariam NNRO Authorized Agent CC: T. Sexton IRECEIVED NOV 14 2016 AREA PLAN COMMISSION 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 (574) 23S -9571 November 2, 2016 South Bend Common Council 4t' 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, a e4?n� Keith Chapman, Planner CC: Kathleen Cekanski - Farrand Filed in Clerk's Office NOV 0 22016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E P H C 0 U N T Y INDIANA. CO M/ A R E A P L A N 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. 00 000'00 "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 SOUTH LINE 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. be and the same is hereby established as MF1 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. City Clerk Approved and signed by me on the day of o'clock . M. Mayor, City of South Bend, Indiana I st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED ,2 ,at Filed in Clerk's OffiCe KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN