HomeMy WebLinkAbout02-17 Rezone- Eddy Street Commons Phase IIW ",
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LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Dcpy
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 \Y. JEFFERSON BLVD., ROOM 11 40 COUNTY-CITY BUILDING, SOUTH BEND, Ii
Wednesday, February 22, 2017
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of University of N
SF Single Family & Two Family District, MU Mixed Use District and
UI
Filed in Clerk's Office
FEB 2 2 2017
KAREEMAH FOWLER
C=TiKG 46aND, IN
District to MU Mixed Use District and seeking a Special Use to allow Single family residential, property
located at a 10 acre tract along Eddy Street and the west side of Georgiana Street between Napoleon and
Howard, City of South Bend - APC# 2808 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of University of Notre Dame DU LAC was legally
advertised on February 9, 2017 and that the Area Plan Commission at its public hearing on February 21, 2017
took the following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, a
proposed ordinance of University of Notre Dame DU LAC to zone from SFI Single Family & Two
Family District, MU Mixed Use District and MF1 Urban Corridor Multifamily District to MU
Mixed Use District, property located at a 10 acre tract along Eddy Street and the west side of
Georgiana Street between Napoleon and Howard, City of South Bend, is sent to the Common
Council with a FAVORABLE recommendation. Rezoning the property to MU Mixed Use will
allow for the development of the second phase of Eddy Street Commons which will provide a
mixed -use development that compliments and supports the existing development and surrounding
neighborhood.
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, a
Special Exception Use for single family residential property, located at a 10 acre tract along Eddy
Street and the west side of Georgiana Street between Napoleon and Howard, City of South Bend,
was sent to the Common Council of the City of South Bend with a FAVORABLE
recommendation, subject to the rezoning being approved by the Common Council of the City of
South Bend.
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.
Sincere ,
Lawrence P. Magliozzi
Attachment
CC: University of Notre Dame DU LAC
KRG Eddy Street Land, LLC
G
SE l T. O PH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
_"I I e RSeal {y group _ _
v V W W. S T) O S E P 11 C O U N T Y INDIANA. C O M I A R E A P L A N
4=0 I SA
LAWRENCE P. MAGLIOZZI
EXE( -UTJVE DIREI "TOR
Angela M. Smith
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
217 W. JEFFERSON BLVD) I10 U>I 11 +0 COUN "FY- CI -1.1 BUILDING, SOUTH BESD, IN DJANA +6601 (374) 13i -9i71
February 22, 2017
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Filed in Clerk's Office
FEB 2 2 2017
KAREEMAH FOWLER
, IN
RE: Bill # 02 -17 CITY CLERK, SOUTH BEND
Rezoning: APC #2808 -16
A 10 acre tract along Eddy Street and the west side of Georgiana Street between Napoleon
and Howard
Dear Council Members:
The Area Plan Commission held a public hearing on February 21, 2017 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday, February 27, 2017,
Ordinance & Petition Amendments:
No changes
Public Hearing Summary:
There were 4 people that spoke in favor of the proposed rezoning. Those speaking in favor indicated an
appreciation for the cooperation of Kite Realty Group in working with neighborhood to address their
concerns; flexibility of design; and movement toward positive development.
There were 2 people that spoke in opposition to the proposed rezoning. Those speaking in opposition
indicated a concern that development in Eddy Street drains resources from the "real" downtown; that the
development ignores properties to the west; and increased intensity beyond what code allows will create
problems with parking and noise.
If you have any further questions, please feel free to contact me at (574) 235 -9571.
Sincerely,
Angela M. Smith
Deputy Director
M Adriana Rodriguez
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 O U N T T I N D IAN A. CO M/ AREA PLAN
Staff Report
APC #
Owner:
Location
Filed in Clerk's Office
FEB 2 2 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
2/8/2017
University of Notre Dame DU LAC
a 10 acre tract along Eddy Street and the west side of Georgiana Street
between Napoleon and Howard
Jurisdiction: City of South Bend
Public Hearing Date: 2/21/2017
Requested Action:
The petitioner is requesting a zone change from SF Single Family & Two Family District,
MU Mixed Use District and MF1 Urban Corridor Multifamily District to MU Mixed Use
District, seeking a Special Exception Use for Single Family in the MU Mixed Use District,
and seeking 10 variances from the development standards.
Land Uses and Zoning:
On site: On site are vacant lots.
North: To the north is a single family home zoned MFI Urban Corridor
Multifamily District and Eddy Street Commons - phase 1 zoned PUD
Planned Unit Development.
East: To the east are single family homes zoned PUD Planned Unit Development.
South: To the south is the Robinson Learning Center, commercial uses, and vacant
land zoned MU Mixed Use District.
West: To the west are single family homes zoned SF2 Single Family & Two
Family.
District Uses and Development Standards:
The MU Mixed Use District is established to promote the development of the a dense
urban village environment. The regulations are intended to encourage all the elements of a
traditional urban village, including: storefront retail; professional offices; and, dwelling
units located either in townhouse developments or in the upper stories of mixed -use
buildings. The development standards in this district are designed to: encourage a
pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian
scale, massing and relationship between buildings and structures within the district.
Site Plan Description:
The area being rezoned includes a 10 acre site comprised of 5 distinct blocks. Block A
contains a mix of retail and flex space (residential or commercial) on the ground floor with
multifamily residential located above for the portion of the building facing Napoleon
Street and Eddy Street. The portion of the building facing St. Vincent is proposed to be
multifamily residential. The proposed buildings are 4 stories tall at 64' in height plus the
stairway access with subsurface and a courtyards located behind the building. Block B
contains flex space (residential or commercial) on the ground floor fronting Eddy Street
with multifamily residential located above. The portion of the building facing St. Vincent
is proposed to be multifamily residential. The proposed building height along Eddy Street
is 4 stories at 64' in height plus stairway access with garages and surface parking located
APC 4 2808 -16 Page 1 of 5
Staff Report
2/8/2017
behind the building. Two -story single family townhomes facing Georgiana on the east side
of the block transition to the single family neighborhood to the east. Block C contains a 3
story multifamily residential building with subsurface parking and courtyards behind the
building. Block D contains a 3 story multifamily residential with garages and surface
parking located behind the building. Two -story single family townhomes facing Georgiana
on the east side of the block transition to the single family neighborhood to the east. Block
E, located on the southern portion of the site, contains a multifamily residential building
with attached garages, the relocated Robinson Center, and surface parking. The
townhomes along Georgiana Avenue and the proposed Robinson Center will comply with
the Northeast Neighborhood Design Overlay requirements.
Zoning and Land Use History And Trends:
The property to the north of the site was zoned to PUD in 2007 for the first phase of Eddy
Street Commons, In 2011, the property to the east was rezoned to PUD to allow for the
development of the Triangle Neighborhood.
Traffic and Transportation Considerations:
Eddy Street, Napoleon Street, St. Vincent Street, and Georgiana Street have 2 lanes with
on- street parking. Howard Street has two lanes with a left turn lane as it approaches South
Bend Avenue.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The City Engineer commented that the following are required prior to approval of any
building permits: completion of utility verification form; approval of sidewalk, curb cut,
lighting and overall site improvement; Board of Public Works approval of pavement
marking and signage within the right -of -way; approval of a drainage plan; and verification
of any waivers.
The Department of Community Investment offers a favorable recommendation to the
rezoning and variance requests. The proposed uses are consistent with the plan for the area
and are compatible with surrounding land uses. The variances will allow the second phase
to be developed with strong urban principles and be in keeping with the design of the first
phase.
Commitments:
The petitioner has offered the following written commitment: That portion of the Real
Estate which abuts Georgiana Avenue shall be developed for residential or open space
uses.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006) Policy H 1.1 Encourage residential developments to contain a mix of housing types,
APC # 2808 -16 Page 2 of 5
Staff Report
densities, price ranges, and amenities.
Land Use Plan:
2/8/2017
The future land use plan identified this area of medium density residential with a
neighborhood commercial node at the intersection of Eddy Street and S.R. 23 (South Bend
Avenue).
Plan Implementation /Other Plans:
The Amendment to the Northeast Neighborhood Development Area Plan (201 l) identifies
Phase II of Eddy Street commercial redevelopment area as a mixed -use, condominium,
and row home development.
2. Current Conditions and Character:
Eddy Street has developed as a commercial hub and village corridor serving Notre Dame
and the surrounding residential area. Single family homes extend to the east and west.
3. Most Desirable Use:
The most desirable use for the land is one that provides a transition from the higher
intensity commercial uses in Eddy Street Phase I and the surrounding single family
residential neighborhoods.
4. Conservation of Property Values:
By limiting the massing of the building facades adjacent to the east property line and using
single family townhomes on the west, surrounding property values should not be adversely
affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow the second phase of the Eddy Street
Commons development to continue in a manner consistent with the first phase.
Combined Public Hearing
This is a combined public hearing procedure, which includes a rezoning, a Special Exception
Use, and 10 variances from the development standards. The Commission will forward the
rezoning and the Special Exception Use to the Council with or without a recommendation and
either approve or deny the variances.
The petitioner is seeking a Special Use to allow:
Single family residential
A Special Use may only be granted upon making a written determination, based upon the
evidence presented at a public hearing, that:
(1) 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 single family development on the east side of
Georgiana Avenue and should not be injurious to the public health, safety, morals and
general welfare of the community.
(2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein;
APC # 2808 -16 Page 3 of 5
Staff Report
2/8/2017
The proposed single family use is less intense than the full range of uses that could be
developed under the MU Mixed Use District, protecting the use and value of adjacent
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;
The proposed single family townhomes are consistent with the residential neighborhood
adjacent to the proposed development.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The proposed use is part of a mixed -use neighborhood designed to serve the needs of a
diverse populations while offering a range of housing types as outlined by the
Comprehensive Plan.
The petitioner is seeking the following variance(s):
1) from the minimum lot width and frontage of 30' to 25' along the west side of Georgiana
Avenue
2) from the required 5' minimum front setback to 0' along Napoleon Blvd, St. Vincent
Street and Howard Street in Blocks A, C and D
3) from the required 15' minimum side residential bufferyard to 0'
4) from the maximum building height of 40' and 3 stories to 4 stories and 64' for the
buildings and 75' for the stairway access, except for those fronting on Georgiana
5) from the maximum 8,000 square feet gross floor area for a single use to 8,400 square
feet for retail and 13,000 square feet for a community center
6) from the maximum 50,000 square feet gross floor area for a residential use to 500,000
square feet
7) from the maximum allowed l projecting sign per 200' in width of front facade with a
minimum 100' separation to up to 4 projecting signs of 50 square feet each with a
minimum separation of 60'
8) from the maximum allowed 5 square feet for suspended signs to 10 square feet
9) from the required minimum 2 off - street parking spaces per dwelling unit to 0.8 spaces
per dwelling unit
10) from the Northeast Neighborhood Overlay Zoning District requirements for mixed -
use and multi - family buildings to those consistent and compatible with those developed in
Eddy Street Commons, Phase t
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;
The proposed development is consistent with the development plan for the neighborhood
and should not impact the health, safety, or general welfare of the community. The parking
APC # 2808 -16 Page 4 of 5
Staff Report
2/8/2017
reduction requested is consistent with other higher density residential developments in the
area. The height, area, and design variances requested will promote a consistent
development that appropriately transitions to ensure compatibility with surrounding
development and uses.
(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;
The proposed variances are designed to allow the development to continue in a manner
consistent with Eddy Street Commons, Phase I. By limiting the massing of the building
facades adjacent to the east property line and using single family townhomes on the west,
surrounding property values should not be adversely affected.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
The North East Neighborhood Overlay District was established after the first phase of
Eddy Street Commons was completed. Strict application would prevent the development
from having a consistent design throughout the development, as well as create difficulties
in overall property management and long term maintenance due to the inconsistencies that
would result.
Staff Comments:
Staff has no additional comments.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the
rezoning petition and Special Exception Use be sent to the Common Council with
favorable recommendations. The staff recommends that the height variance (variance #4)
be to limited to Blocks A and B. The staff recommends approval of all other variances as
presented.
Analysis:
Rezoning the property to MU Mixed Use will allow for the development of the second
phase of Eddy Street Commons which will provide a mixed -use development that
compliments and supports the existing development and surrounding neighborhood.
APC # 2808 -16 Page 5 of 5
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LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
DrP,.,y Di-t.,
AREA PLAN COMMISSION OF ST, JOSEPH COUNTY, IN
227 XV. JLFFLRI, ON BLVD.. ROO.NI 11 +0 COLlNT1 -CITY BU - ILDINU, SOLITH BLS 1) , IND]AN"A +6601 (57+) 235.9571
January 4, 2017
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
Filed in Clerk's Office
1!. �N 7ni'
2017
KAREEIAAK 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.
S incerely,
�-w-k
Angela M. Smith
Deputy Director
CC: Adriana Rodriguez
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W , S T I O S E P H C O U N T Y 1 N D I A N A . C O M / A R E A P L A N
UNIVERSITY ®F
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 29 2016
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 Fddy St (odd); 926 -1118 Eddy St (even); 1015 - 1.125 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 East 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 of'
Georgiana Ave from three parcels south of Napoleon Blvd on the North to Howard St /SR 23 an the south, all in
.South Bend, Indiana 46601.
2) The property Tax Key Number(s) is /are: See Exhibit A - Tax Parcel Listing fir Eddy Street Commons, Phase IL
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 Dante DU LAC
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
mgabetr).kiterealty. com
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
From: MF I Urban Corridor Multifamily District
To: MU Mixed Use District
I Filed in Clerk's Once
DEC 29 2016
KAREEMAH FOWLER
CITY CLERK, SOUTI-a REND, 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 communio) 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 for Eddy Street Commons, Phase H.
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 I, which have proven to not be h furious to the
public health, safety, morals and general we fare 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'area properties will be
increased as a result of the proposed redevelopment of Eddy Street Commons, Phase II, in much the same
way as Eddy 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 would result in different standards being applied to Eddy
Street Commons, Phase 11 from the standards which are applicable to Eddy Street Common, Phase I. The
use ofdifferent standards will create difficulties in creating a consistent development pattern necessary
to maximiLe overall cohesivness between Phase I and Phase 11, as well as create diffcuties 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 (u)(2)(F) to provide the option of developing detached single family townhomes along
the Georgiana Avenue frontage of'Eddy Street Commons, Phase H.
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
Georgian 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 or 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 as 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
dkirkv@kitei-ealty.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 pr pe 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 Georgians 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 11. 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.
1 st READING
PUBLIC NEARING
3 rd READING
NOT APPRO' /ED
REFERRED
PASSED
City Clerk
day of
2 , at
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
JAN n 4 2017
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
EXHIBIT B
Filed in Clerk's Office
DEC 29 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH KtJ_ , 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
KARRE Ei t�V+ILI: R
CITY CLERK, SaUTH REND, N
Block B
County ID
State ID
Property Address
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
71-
Vacant Lot 38 Eddy St
018
-5105
-3694
71-
08
-01-
279
- 012.000 -026
-09 -06 -102-
1021
St. Vincent St
018
-5105
-3695
71-
08
-01-
279
- 013.000 -026
Eddy St
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 - 005.000 -026
283-
1118 Eddy St
018
-5101
-3562
71-
09
-06-
102
- 014.000 -026
-01-
18 VAC L29 40X124 Geor iana
018
-5101
-3564
71-
09
-06-
102
- 006.000 -026
08
1114 Eddy St
018
-5101
-3565
71-
09
-06-
102
- 015.000 -026
-01-
18 VAC L30 40X124 Geor iana
018
-5101 -3567
71
-09 -06 -102-
018
007.000 -026
3700.01
1112 Eddy St
018
-5101 -3568
71-
09 -06-
102
- 016.000 -026
Eddy St
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, Phas
Introduction:
Filed in Clerk's Office
DES 2 A 20 a
KAREEMAll FOWLER
e CLERK. SOUTI MEND, 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).
Page 1 of 2
US. 109452306.02 Exhibit C
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.
Page 2 of 2
US. 109452306.02 Exhibit C