HomeMy WebLinkAbout02-17 Rezone- Eddy Street Commons Phase II:W: 92
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIR[( *TOR
Angela M. Smith
D,I „„)- DI„, 1,„
R PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 U'. JLFFLRS0N BLVD., ROOM 1140 COUNT I' -CITY BUILDING, SOLITH BLS U, INDL4SA +6601 (i7 +) 235-`)571
January 4, 2017
South Bend Common Council
4`h Floor, County -City Building
South Bend, IN 46601
Filed in Clerk's Office
J,AN n 4 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
RE: APC #2808 -16
A 10 ACRE TRACT LOCATED ALONG EDDY STREET AND THE WEST SIDE OF
GEORGIANA STREET BETWEEN NAPOLEAN AND HOWARD
Dear Council Members:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your January 9,
2017 Council meeting, and set it for public hearing at your February 27, 2017. Council meeting.
The petition is tentatively scheduled for public hearing at the February 21, 2017 Area Plan
Commission meeting. The recommendation of the Area Plan Commission will be forwarded to
your office by noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
Angela M. Smith
Deputy Director
CC: Adriana Rodriguez
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 I N D 1 A N A. C O M I A R E A PLAN
#� UNIVERSITY OF
NOTRE DAME
Northeast Neighborhood
Redevelopment
December 28, 2016
To Whom It May Concern:
415 Main Building, Notre Dame, IN 46556
Phone (574) 631 -9979 Fax (574) 631 -4097
Re: Authorization for Zoning Approval Submission
This letter authorizes Kite Realty Group ( "Kite ") to pursue zoning approval for Phase II of Eddy
Street Commons.
The University of Notre Dame ( "University") is the current owner of all of the land represented
in the Phase II plan. The University has worked closely with Tom McGowan and Matt Gabet of
Kite in developing the proposed plan. Kite has also solicited input from neighborhood residents
in public meetings on December 1 and December 13, resulting in a number of material changes.
The University has approved the plan that is being submitted, and we have designated Kite as
our agent in seeking the required zoning approvals.
The University is currently on its annual Christmas holiday. If confirmation of this authorization
is required from an officer of the University, we will be glad to provide that next week.
Thank you in advance for your consideration of a plan that we feel will be of enormous benefit to
the Northeast Neighborhood, the City of South Bend, and the University of Notre Dame.
Sincerely,
Gregory P. Hakanen
Director, Northeast Neighborhood Redevelopment
Filed in Clerk's Office
DEC 292016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
cc: Thomas McGowan, President & COO, Kite Realty Group
Matt Gabet, Vice President for Operations & Special Projects, Kite Realty Group
John Affleck- Graves, Executive Vice President, University of Notre Dame
Shannon Cullinan, Vice President for Finance, University of Notre Dame
PETITION FOR ZONE MAP AMENDMENT
City of South 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:
1007 - 1127 Eddy St (odd); 926 - 1118 Eddy St (even); 1015 - 1125 Georgiana Ave (odd); 1024 Napoleon
Blvd; 1017 -.1025 St. Vincent St (odd); 1024 St. Vincent St; 1023 Howard St; and, 1119 - 1125 South Bend Ave, all
being properties located along the West frontage of'Eddy Street from Napoleon Blvd on the north to Howard St on the
south, all properties along the .Fast frontage of Eddy Street starting 5 parcels south of Napoleon Blvd on the north to
Howard ,Street /South Bend Ave / SR 23 on the South, and all properties located along the West, frontage o/*
Georgiana Ave from three parcels south of Napoleon Blvd on the North to Howard St /SR 23 on the south, all in
South Bend, Indiana 46601.
2) The property Tax Key Number(s) is /are: See Exhibit A - Tat: Parcel Listing fbr Eddy Street Commons, Phase H.
3) Legal Descriptions: See .Exhibit .B -Legal Description for Eddy Street Commons, Phase II.
4) Total Site Area: Approximately 10 acres to be rezoned (See Exhibit B - Legal Description for Eddy Street
Commons, Phase Hfor more information).
5) Name and address of property owner(s) of the petition site:
University gf.Notre Dame DULAC
725 Grace Hall
Notre Dame, IN 46556 -4635
Name and address of additional property owners, if applicable:
6) Name and address of contingent purchaser(s), if applicable:
KRG Eddy Street Land, LLC
30 South Meridian Street, Suite 1100
Indianapolis, IN 46204
317- 577 -5600
mgabet(aJkiterealty. com
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
From: MFI Urban Corridor Multifamily District
To: MU Mixed Use District
Filed in Clerk's Once
DEC 29 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH E'E{!D, IN
SF2 Single Family Two Family District
8) This rezoning is requested to allow the following use(s): A mixed use development to be known as Eddy Street
Commons -Phase II, consisting of retail, of flex - space, apartments, townshomes, and a community center, all as
generally depicted and regulated in the Preliminary Master Plan and the Statement of Commitments filed with this
petition.
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section):
1) See attached Exhibit C - Variances far Eddy Street Commons, Phase II.
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: The variances being sought are intended to blend the proposed development with the
standards applicable to Eddy Street Commons, Phase 1, which have proven to not be injurious to the
public health, safety, morals and general welfare of the community.
(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: It is anticipated that the use and value of'areaproperties will be
increased as a result of the proposed redevelopment of Edc(v Street Commons, Phase II, in much the same
way asF,-ddy Street Commons, Phase I has proven to be a positive impact on the use and value of
surrounding properties.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: The terms of the zoning ordinance mould result in different standards being applied to Eddv
Street Commons. Phase 11, fi•oin the standards which are applicable to Eddy Street Common, Phase I. The
use of different standards will create difficulties in creating a consistent development pattern necessary
to maximize overall cohesivness between Phase 1 and Phase 11, as well as create difficulties in overall
property management and long term maintenance due to the inconsistencies that would result between
the Phases.
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: Special Exception
purusant to Section 21 -03.02 (a)(2) (F) to provide the option of developing detached single family townhomes along
the Georgiana Avenue frontage of Eddy Street Commons, Phase II
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: The proposed use is consistent with the development on the east side of
Georgiana Avenue, which is not injurious to the public health, safety, comfort, morals or general welfare.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: Being consistent with existing development, the proposed use will not injure of adversely affect
the use or property values of area properties.
(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: The proposed use is anticipated to comply with the NNZO requirements.
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. The proposed use would be part of a mixed -use neighborhood designed to cater to the needs of a
diverse population cis suggested by the 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:
Doug Kirby,Director of Pre - Development
Kite Realty Group
30 South Meridian Street, Suite 1100
Indianapolis, IN 46204
317 -578 -5165
dkirby @kiterealty.com
BY SIGNING THIS 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.
all prAper�owner(s), or signature of Attorney for all property owner(s):
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL
EXCEPTION FOR PROPERTY LOCATED AT A 10 ACRE TRACT LOCATED ALONG
EDDY STREET AND THE WEST SIDE OF GEORGIANA STREET BETWEEN
NAPOLEAN AND HOWARD, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF
SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property to MU Mixed use for a multi -use development
to be known as Eddy Street Commons — Phase II, consisting of: retail, office, flex -
space, apartments, townhomes, and a community center.
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:
A part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East and a part of the
Northwest Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal
Meridian situated in St. Joseph County, Indiana and being more particularly described as follows:
BEGINNING at the northeast corner of Lot 28 as shown on the recorded Plat of Hartman and
Miller's Plat an Addition to the City of South Bend, recorded in Plat Book 7, Page 29, on File in
the Office of the St. Joseph County Recorder; thence South 00 degrees 20 minutes 40 seconds
East along the west line of Georgiana Street 650.08 feet to the northerly line of Outlot C of The
Triangle Major Subdivision; thence North 89 degrees 44 minutes 21 seconds East along the north
line of said Outlot C, 25.00 feet; thence South 00 degrees 20 minutes 40 seconds East parallel
with the west line of Georgiana Street, 304.42 feet to a point that intersects with the
northeasterly extension of the south line of Lot 50 in said Hartman and Miller's Plat; thence
South 51 degrees 05 minutes 05 seconds West along said northeasterly extension and along the
south line of said Lot 50 69.43 feet; thence North 62 degrees 23 minutes 15 seconds West 494.40
feet to the southwest corner of Lot 100 in said Sorin's Second Addition; thence continuing North
00 degrees 21 minutes 10 seconds West 411.22 feet to the northwest corner of Lot 95 in said
Sorin's Second Addition; thence South 89 degrees 47 minutes 27 seconds West along the north
line of St. Vincent Street 7.00 feet to the centerline of the alley lying between Lot 95 and Lot
101; thence North 00 degrees 21 minutes 10 seconds West 82.50 feet to the intersection of the
north line of St. Vincent Street and the centerline of the vacated alley lying between Lot 40 and
Lot 46 in said Sorin's Second Addition; thence North 00 degrees 21 minutes 10 seconds West
along the centerline of said vacated alley 409.90 feet to the south line of Napoleon Boulevard;
thence North 89 degrees 46 minutes 20 seconds East along the south line of Napoleon Boulevard
172.18 feet to the northeast corner of Lot 35 in said Sorin's Second Addition; thence South 00
degrees 20 minutes 45 seconds East along the west line of Eddy Street 157.77 feet; thence North
89 degrees 50 minutes 18 seconds East 53.00 feet to a point on the east line of Eddy Street, said
point being the midpoint of the west line of Lot 23 in said Hartman and Miller's Plat; thence
North 89 degrees 50 minutes 18 seconds East passing through the midpoint of the east line of
said Lot 23 123.97 feet to the centerline of the vacated alley lying between Lot 23 and Lot 28 in
said Hartman and Miller's Plat; thence North 00 degrees 20 minutes 43 seconds West along the
centerline of said vacated alley 20.00 feet to the intersection of the centerline of said vacated
alley and the westerly extension of the north line of Lot 28 in said Hartman and Miller's Plat;
thence North 89 degrees 50 minutes 18 seconds East along said westerly extension and the north
line of said Lot 28 123.97 feet to the POINT OF BEGINNING, containing, 10.197 acres more or
less.
be and the same is hereby established as MU Mixed Use District.
SECTION II. That a Special Exception Use for Single Family Dwellings in a MU Mixed
Use District is hereby granted subject to a site development plan hereby attached and
made a part of this Ordinance and which site plan contains and lists all conditions, if
any, of approval.
SECTION III. This ordinance is and shall be subject to commitments as provided by
Chapter 21- 09.02(d) Commitments, if applicable.
SECTION IV. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, and 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.
15t READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
City Clerk
day of , 2 , at
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
JAN n 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
EXHIBIT B
Filed in Clerk's Office
D LECO 2 9 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
Legal Description for Eddy Street Commons, Phase II
A part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East and a part of the
Northwest Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal
Meridian situated in St. Joseph County, Indiana and being more particularly described as
follows:
BEGINNING at the northeast corner of Lot 28 as shown on the recorded Plat of Hartman and
Miller's Plat an Addition to the City of South Bend, recorded in Plat Book 7, Page 29, on File in
the Office of the St. Joseph County Recorder; thence South 00 degrees 20 minutes 40 seconds
East along the west line of Georgiana Street 650.08 feet to the northeast corner of Lot 43 in said
Hartman and Miller's Plat; thence North 89 degrees 44 minutes 21 seconds East along the
easterly extension of the north line of said Lot 43, 25.00 feet; thence South 00 degrees 20
minutes 40 seconds East parallel with the west line of Georgiana Street, 304.42 feet to a point
that intersects with the northeasterly extension of the south line of Lot 50 in said Hartman and
Miller's Plat; thence South 51 degrees 05 minutes 05 seconds West along said northeasterly
extension and along the south line of said Lot 50 69.43 feet; thence North 62 degrees 23 minutes
15 seconds West 494.40 feet to the southwest corner of Lot 100 in said Sorin's Second Addition;
thence continuing North 00 degrees 21 minutes 10 seconds West 411.22 feet to the northwest
corner of Lot 95 in said Sorin's Second Addition; thence South 89 degrees 47 minutes 27
seconds West along the north line of St. Vincent Street 7.00 feet to the centerline of the alley
lying between Lot 95 and Lot 101; thence North 00 degrees 21 minutes 10 seconds West 82.50
feet to the intersection of the north line of St. Vincent Street and the centerline of the vacated
alley lying between Lot 40 and Lot 46 in said Sorin's Second Addition; thence North 00 degrees
21 minutes 10 seconds West along the centerline of said vacated alley 409.90 feet to the south
line of Napoleon Boulevard; thence North 89 degrees 46 minutes 20 seconds East along the
south line of Napoleon Boulevard 172.18 feet to the northeast corner of Lot 35 in said Sorin's
Second Addition; thence South 00 degrees 20 minutes 45 seconds East along the west line of
Eddy Street 157.77 feet; thence North 89 degrees 50 minutes 18 seconds East 53.00 feet to a
point on the east line of Eddy Street, said point being the midpoint of the west line of Lot 23 in
said Hartman and Miller's Plat; thence North 89 degrees 50 minutes 18 seconds East passing
through the midpoint of the east line of said Lot 23 123.97 feet to the centerline of the vacated
alley lying between Lot 23 and Lot 28 in said Hartman and Miller's Plat; thence North 00
degrees 20 minutes 43 seconds West along the centerline of said vacated alley 20.00 feet to the
intersection of the centerline of said vacated alley and the westerly extension of the north line of
Lot 28 in said Hartman and Miller's Plat; thence North 89 degrees 50 minutes 18 seconds East
along said westerly extension and the north line of said Lot 28 123.97 feet to the POINT OF
BEGINNING, containing, 10.197 acres more or less.
US.109452533.01
EXHIBIT A
Tax Parcel Listing for
Eddy Street Commons, Phase II
Block A
Filed in Clerk's office
DEC 292016
KAREE —tv-1 ll FOW LER
CITY CLERK, SOUTH SEND, IN
County ID
State ID
Property Address
018 -5105 -3689
71- 08 -01- 279 - 007.000 -026
1024 Napoleon Blvd
018 -5105 -3690
71- 08 -01- 279 - 008.000 -026
1127 Eddy St
018 -5105 -3691
71- 08 -01- 279 - 009.000 -026
1121 Eddy St
018 -5105 -3692
71- 08 -01- 279 - 011.000 -026
1017 St. Vincent St
018 -5105 -3693
71- 08 -01- 279 - 010.000 -026
Vacant Lot 38 Eddy St
018 -5105 -3694
71- 08 -01- 279 - 012.000 -026
1021 St. Vincent St
018 -5105 -3695
71- 08 -01- 279 - 013.000 -026
1025 St. Vincent St
Block B
Block C
County ID
State ID
Property Address
018
-5101-
3558.01
71
-09 -06
-102-
004.000
-026
18 VAC 1100 Block Eddy
018-
5101
-3559
71 -09 -06
-102-
013.000
-026
1125 Geor iana Ave
018
-5101
-3561
71
-09
-06 -102-
-5105-
005.000
-026
1118 Eddy St
018
-5101
-3562
71-
09
-06-
102
- 014.000
-026
18 VAC L29 40X124 Geor iana
018
-5101
-3564
71-
09
-06-
102
- 006.000
-026
1114 Eddy St
018
-5101
-3565
71
-09
-06 -102-
Eddy St
015.000
-026
18 VAC L30 40X124 Geor iana
018-
5101
-3567
71
-09
-06 -102-
1013
007.000
-026
1112 Eddy St
018
-5101
-3568
71-
09
-06- 102
- 016.000
-026
18 VAC L31 40X124 Geor iana
018
-5101
-3570
71
-09
-06 -102-
008.000
-026
18 VAC 1100 Block Eddy
018
-5101
-3571
71
-09 -06 -102-
017.000 -026
1107 Geor iana Ave
018
-5101
-3573
71-
09
-06-
102
- 009.000
-026
1104 Eddy St
018
-5101
-3574
71-
09
-06-
102
- 018.000
-026
1105 Geor ianna Ave
018
-5101
-3576
71-
09
-06-
102
- 010.000
-026
VAC 1000 Block Eddy
018
-5101
-3577
71- 09
-06-
102 - 019.000
-026
1103 Geor iana Ave
Block C
US. 109282768.01
County ID
State ID
Property Address
018
-5105
-3696
71-
08
-01-
283
- 008.000
-026
1024
St. Vincent St
018
-5105
-3697
71-
08
-01-
283
- 009.000 -026
1029
Eddy St
018
-5105-
3697.01
71-
08
-01-
283-
010.000
-026
1025
Eddy St
018
-5105
-3698
71-
08
-01- 283
- 011.000
-026
1021
Eddy St
018
-5105 -3699
71-
08
-01-
283
- 012.000
-026
1017
Eddy St
018
-5105 -3700
71-
08
-01-
283
- 013.000
-026
1013
Eddy St
018
-5105-
3700.01
71-
08
-01-
283 -
014.000
-026
1007
Eddy St
018
-5105 -3701
71-
08
-01-
283 -
015.000
-026
1023
Howard St
US. 109282768.01
Block D
US.109282768.01
County ID
State ID
Property
Address
018
-5098
-3455
71-
09
-06-
151-
001.000
-026
1034
Eddy
St
018
-5098
-3456
71-
09
-06-
151-
016.000
-026
1059
Geor
iana
Ave
018
-5098
-3457
71-
09
-06-
151-
002.000
-026
1030
Eddy
St
018
-5098
-3458
71-
09
-06-
151-
017.000
-026
1055
Geor
iana
Ave
018
-5098
-3459
71-
09
-06-
151-
003.000
-026
1028
Eddy
St
018
-5098
-3460
71
-09
-06
-151-
018.000
-026
1051
Geor
iana
Ave
018
-5098
-3461
71-
09
-06-
151-
004.000
-026
1024
Eddy
St
018 -5098
-3462
71-
09
-06-
151- 019.000
-026
1047
Geor
iana
Ave
018
-5098
-3463
71-
09
-06-
151-
005.000
-026
1020
Eddy
St
018 -5098
-3464
71-
09
-06-
151-
020.000 -026
1043
Geor
iana
Ave
018
-5098 -3465
71
-09
-06
-151-
006.000
-026
1018
Eddy
St
018
-5098
-3466
71-
09
-06-
151-
021.000
-026
1037
Geor
iana
Ave
018
-5098
-3467
71-
09 -06-
151-
007.000
-026
1014
Eddy
St
018
-5098
-3468
71-
09 -06-
151-
022.000 -026
1033
Geor
iana
Ave
018 - 5098 -3469
71-
09 -06-
151-
008.000 -026
1012
Eddy
St
018
-5098
-3470
71- 09 -06-
151-
023.000 -026
1031
Geor
iana
Ave
018
-5098
-3471
71-
09 -06-
151-
009.000 -026
1010
Eddy
St
018
-5098
-3473
71-
09 -06-
151-
010.000 -026
1008
Eddy
St
018 -5098
-3474
71-
09 -06-
151-
025.000 -026
1023
Geor
iana
Ave
018 -5098
-3475
71-
09 -06-
151-
011.000 -026
1002
Eddy
St
018 -5098-
3477.01
71 -09 -06
-151-
012.000 -026
942 Eddy St
018 -5098
-3478
71
-09 -06
-151-
027.000 -026
1015
Geor
iana
Ave
018 -5098
-3481
71
-09 -06
-151-
013.000 -026
928 Eddy St
018 -5098
-3482
71-
09 -06-
151-
014.000 -026
926 Eddy St
018 -5098
-3484
71-
09 -06-
151-
029.000 -026
1119
South
Bend Ave
018 -5098
-3485
71-
09 -06-
151-
030.000 -026
1121
South
Bend Ave
018 -5098
-3486
71
-09 -06
-151-
031.000 -026
1125
South
Bend Ave
US.109282768.01
EXHIBIT C
Variances for Eddy Street Commons,
Introduction•
Filed in Clerk`s Office
I , "J
2 0 �'
FCA�;EE(v y 1-1 F6WLER
Y CLERK , U RED® IN
Eddy Street Commons, Phase I was zoned to a unique PUD classification to provide for
development. Petitioner proposes the development of Eddy Street Commons, Phase II in a
manner that is consistent and compatible with the existing development in Eddy Street
Commons, Phase I to maximize overall cohesiveness between Phase I and Phase II, as well as
minimize difficulties associated with overall property management and long term maintenance
that would arise due to inconsistencies in design between the Phases. However, a number of
representatives of the Area Plan Commission and the City of South Bend have requested that a
traditional zoning district be used for Phase II rather than another PUD. Further, the Northeast
Neighborhood Overlay Zoning District did not exist at the time of the development of the PUD
for Eddy Street Commons, Phase I. In order to comply with the need to provide for a consistent
and compatible development while complying with the wishes of the representatives of the Area
Plan Commission and the City of South Bend, a number of variances are being requested, the
intent of which are to provide consistency in development patterns between Phase I and Phase II
of Eddy Street Commons.
Variance Request:
Petitioner requests the following variances of Section 21 -06.02 the MU — Mixed -Use District and
Section 21 -06. 03 the NNZO — Northeast Neighborhood Overlay Zoning District of the South
Bend Zoning Ordinance, to provide for the development of Eddy Street Commons, Phase H.
Specifically, the following variances are being requested:
MU — Mixed -Use District
1. Section 21.03.02 (b)(1) Minimum Lot Width and Frontage to provide for a minimum lot
width of twenty-five (25) feet for individual townhomes fronting along the west side of
Georgiana Avenue should free - standing individual townhomes be developed rather than
attached townhomes (minimum lot width and frontage of 30' required).
2. Section 21 -03.02 (b)(2)(A) Front Setback to provide for a minimum front setback of zero
(0) feet from existing right -of -way of Napoleon Blvd, St. Vincent Street and Howard
Street in Blocks A, C and D (minimum setback of five (5) feet required).
3. Section 21 -03.02 (b)(2)(B) Minimum Side Yard and Setback to provide for a minimum
side residential bufferyard of zero (0) feet (minimum side residential bufferyard of fifteen
(15) feet required).
4. Section 21 -03 (b)(4)(B) Maximum Building Height to provide for a building height of
sixty -four (64) feet, not to exceed four (4) stories plus rooftop stairway access in Blocks
A and B (maximum of forty (40) feet; not to exceed three (3) stories permitted).
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5. Section 21 -03.02 (b)(5)(A) Maximum Gross Floor Area to provide for a single retail
space of up to 8,400 square feet in gross floor area in Block A (maximum area for a
single use of eight thousand (8,000) square feet of gross floor area permitted).
6. Section 21 -03.02 (b)(5)(B) Maximum Gross Floor Area to provide for total residential
space of approximately five - hundred thousand (500,000) square feet in gross floor area
(maximum area for a single use of fifty - thousand (50,000) square feet of gross floor area
permitted).
7. Section 21 -07.03 (e)(3)(C) — Sign Regulations to provide for Projecting Building
Identification Signs as follows: (i) up to four (4) projecting building identification signs
per multi - family or mixed -use building in Eddy Street Commons, Phase II; (ii) maximum
sign surface area of fifty (50) square feet per projecting building identification sign; and,
(iii) minimum separation between projecting building identification signs on the same
building of sixty (60) feet.
8. Section 21 -07.03 (e)(4)(B) — Sign Regulations to provide for Suspended Signs for each
grade -level tenant of up to ten (10) square feet (maximum of five (5) square feet
permitted).
9. Section 21 -07.04 - Off Street Parking Regulations, Table 21 -07.04 E: Required Off - Street
Parking to provide for off - street parking at a rate of 0.8 parking spaces per dwelling unit
located in the mixed -use and multi - family buildings (two parking spaces per dwelling
unit required). The Retail, Flexible Use Space, Robinson Center and Townhomes shall be
provided with parking at rates that comply with the South Bend Zoning Ordinance.
NNZO - Northeast Neighborhood Overlay Zoning District
1. Section 21 -06.03 — Northeast Neighborhood Overlay Zoning District to provide for
mixed -use and multi - family buildings in Eddy Street Commons, Phase H that are
consistent and compatible with those developed in Eddy Street Commons, Phase I. This
request does not apply to the proposed Townhomes along Georgiana Avenue or the
proposed Robinson Center.
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