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HomeMy WebLinkAbout04-24-17 Zoning and Annexation pUTgB r`.O U C W PEACE. yr a ■ 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER,CITY CLERK ZONING&ANNEXATION APRIL 24, 2017 4:00 P.M. Committee Members Present: Oliver Davis, John Voorde, Jo M. Broden, Jerry Phipps (citizen member), Gavin Ferlic (late) Committee Members Absent: None Other Council Present: Regina Williams-Preston, Karen White Other Council Absent: Tim Scott,Dr. David Varner, Randy Kelly Others Present: Aladean DeRose, Kareemah Fowler, Graham Sparks Presenters: Angela Smith, Mike Danch,Ashley Penn, Greggory Kil, David Stanton, Michael Divita, Greg Freehauf Agenda: Bill No. 04-17 -Amending the Zoning Ordinance for property located at: 1248 and 1258 N. Twyckenham Drive Bill No. 13-17 -Amending the Zoning Ordinance for property located at: Southeast corner of Cotter and Kendall Streets Bill No. 14-17 -Amending the Zoning Ordinance for property located at: 2605 and 2623 Western Avenue Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at 4:30 p.m. He introduced the members of the committee and proceeded to give the floor to the presenters of the first piece of legislation. Bill No. 04-17-Amending the Zoning Ordinance for property located at: 1248 and 1258 N. Twyckenham Drive Angela Smith, Area Plan Commission with offices on the 11 w floor of the County-City Building, stated, The petitioner is seeking to rezone the three (3)properties located at the corner of Twyckenham and South Bend Avenue. Currently on site there are two (2) single-family homes. The image shown in the presentation(available for view in the City Clerk's Office) shows the proximity to Notre Dame and the intersection of Edison and South Bend Avenue. To the north the property is zoned U-University. To the east, south and west all the properties are zoned SF- 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendfN.gov JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK OPERATIONS I - Single-Family districts. They all currently contain single family homes. As you get closer to the Edison intersection, there are a lot more offices and businesses, as well as increased travel south along South Bend Avenue. The current proposal is for nine (9)townhomes. The building massing will have three (3) homes fronting along South Bend Avenue, with the remaining six (6) along Twyckenham. The buildings will stager to give the appearance of less massing. The first two (2) will be at least twenty (20) feet back from the property line. This is guaranteed in one (1) of the written commitments. The residential setbacks are a required twenty-five (25) feet, so we felt this was a good transition. In addition to the parking they provide with the garages,they are also proposing nine (9) visitor parking spaces on the east side of the site. Some buffering and landscaping, with a six (6) foot privacy fence will surround the property. This comes to you from the Plan Commission with a favorable recommendation, subject to the six (6)written commitments. In the Council Packet, all Council members received those commitments. Three (3) of these commitments would be land-use related commitments. One (1) deals with the setback of the first two (2) units. Rezoning this property to MF-1 - Urban Corridor allows for the development of the single-family townhomes and will provide a buffered transition from the University-related uses to the north and the single-family homes to the south. The strong urban design principles of the Northeast Neighborhood Zoning Overlay will ensure the development is appropriately integrated into the overall character of the neighborhood. Committee Chair Davis asked, Would we be able to accept those written commitments tonight? Interim Council Attorney ladean DeRose confirmed the ability to do that. Y tY Committee Chair Davis then asked, Will we be able to hear from residents of the Wooded Estates Neighborhood organization tonight? Mike Danch confirmed that there will be people at the meeting to speak on this legislation. Mr. Danch with Danch, Harper and Associates, 1643 Commerce Dr., stated, Basically this is right at the corner of South Bend Avenue and Twyckenham. What we would like to be able to do is build nine (9)townhomes on the site. The site itself is just under an acre. What they plan to do is build single-family attached homes. They would have to go through a subdivision process, assuming that we receive the go-ahead and get into the construction phase of the project. Each one (1) of these townhomes would sit on an individual lot. We have one (1) access point off of Twyckenham which is at the very south most point of the site. Behind and toward the east side of the building would be the excess driveways. Each unit would have a double-stall garage. The height of the building would be a maximum of forty (40) feet, from ground level to peak of roof. We are not asking for any variances and this is allowable under what we are asking for. One (1) thing we are agreeing to is to not have any buildings on the east side of the site. All of the buildings will be toward South Bend Avenue and Twyckenham Drive. It will be three (3) stories high. The market for the townhomes will provide roughly twenty percent (20%) owner- occupancy with the remaining eighty percent(80%)being people that would like to be close to Notre Dame, maybe graduate students. There are two (2) single-family houses on the property right now and those would obviously be removed. We want to preserve as many of the trees as possible. We are also hiring an arborist to take a look at the trees and give a full evaluation and recommendation for those. We will probably plant new trees too. We received a variance to have 2 a six (6) foot fence between this development and the adjacent properties. We will be treating the entire site under the Northeast Neighborhood Zoning Overlay (NNZO) and will be under the restrictions set forth by the NNZO. The cost for a townhome will be around$400-$500 thousand, so in total $546 million for this particular site. We look forward to breaking ground later in the summer, and hopefully ready for next year for occupancy. The developers, after meeting with the various neighborhood organizations, came up with a preliminary list of written commitments. These would be enforceable by the NNRO,NENC, and the Wooded Estates Home Owners Association. If another developer would want to do what we are doing,they would have to go through the exact same process we are doing. Committeemember Jo M. Broden asked Mr. Danch to address the entry and exit of the property. Mr. Danch reiterated the one (1) access point would be the one (1) designated on Twyckenham Drive. He also discussed the state statute and the restrictions in place for driveways and the placement proximity of an access point to a signal light. Committee Chair Davis then asked Mr. Danch about the balcony of the property. Mr. Danch stated, There will be canopy trees that screen the houses and the balconies. Ashley Penn, 5095 Huntervalley Ln., Westlake Village, CA, stated, We have a residence here in South Bend. We have been investing in South Bend since 2006. We own some rental properties, personal properties, and this would be our second development project. We built a single-family home in the Northeast Neighborhood. I sent the Council an email about this project. We are really excited about the potential of this project. We know this location is adjacent to a single- family neighborhood, as well as fronting a major state highway. We have been trying to balance all of the interests and issues with each different party. Mike covered all of it. In terms of community, there will be a townhome association created and they will be in communication with the existing organizations. We actually have seven (7) written agreements, which is a slight change from the Area Plan Commission report. We added another commitment after discussion with neighbors. This is a process of getting these people comfortable. Interim Council Attorney DeRose stated, The seven(7) written commitments could be incorporated into the passage of this legislation. The first three (3)written commitments are enforced by the City. The last four(4) would be enforceable by the NNRO,NENC and the Homeowners Association of Wooded Estates. Committee Chair Davis asked the presenters to comment on possible noise issues. Mr. Danch reminded Committee Chair Davis of the noise ordinances that are enforceable by the City. Greggory Kil with Kil Architecture and Planning, 1126 Lincolnway E., stated,As Mike and Ashley indicated,the plan is for the profile to be staggered and break the massing down so it's not just one block. We are looking at scale and materials to make it as integrated as possible. We are considering brick and limestone masonry. There are varied sidings we are considering too. 3 With no further questions from the Committee or Council, Committee Chair Davis opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. Stephen Hayes, 1219 White Oak Dr., stated, I live in the Wooded Estates Neighborhood. I emailed Council most of my concerns. The biggest concern was it is more student housing and we want to make sure we know who is going to be in the homes. We also want the look and feel of the development to be consistent with the environment already there. We were also concerned with the privacy, but that concern seemed to be dealt with. We are more comfortable with where we are at, but we want to make sure we know these agreements will be upheld if there is a new owner. With no other members of the public wishing to speak in favor or in opposition to the legislation, Committee Chair Davis turned the floor back to the Committee for further discussion or main motions. Committee Chair Davis clarified with Interim Council Attorney DeRose that the written commitments agreed upon within the ordinance would be held throughout any ownership. Interim Council Attorney DeRose verified that is correct. Interim Council Attorney DeRose also clarified which set of written commitments that will be accepted, and it was answered that the seven(7)presented by Ms. Penn are the agreements to be accepted and adopted. Committemember Gavin Ferlic made a motion to send Bill No. 04-17 to the full Council with a favorable recommendation. This motion was seconded by Committeemember John Voorde and carried unanimously by a voice vote of five (5) ayes. Bill No. 13-17-Amending the Zoning Ordinance for property located at: Southeast corner of Cotter and Kendall Streets David Stanton, Area Plan Commission with offices on the 11th floor of the County-City Building, stated, We are looking at the Martin's property on the Southeast corner of Cotter and Kendall Streets. On the site we currently have a vacant lot. To the north and east of the site, the properties are zoned PUD—Planned Unit Development. To the south of the site is a vacant lot zoned LI—Light Industrial. And to the west of the site is Martin's Corporate Headquarters zoned GI—General Industrial. The site plan is two point three (2.3) acres. There is no planned development on the preliminary site plan however if there was to be any, it would have to meet all the standards set forth in the LI—Light Industrial District. In 2010, this area was rezoned from GI—General Industrial to PUD—Planned Unit Development. The petitioner has proposed written commitments that limit the possible uses, and limits the height to ninety(90) feet. With the information given this evening, and prior to the public hearing, the APC staff recommends the zoning petition be sent to the full Council with a favorable recommendation. Rezoning this site to LI will allow for the expansion of the business in the manner, intent and design established by Martins. Michael Divita, Department of Community Investment with offices on the 14th floor of the County-City Building, stated,After working a few years on this project,the Redevelopment Commission recently sold this parcel to Martins to give it the flexibility to expand their 4 operation. Martins does not yet have a site plan or development for the expansion but this would allow the freedom to pursue that in the upcoming years. Committeemember Broden asked, Where are the entry ways to the site? Where can we expect truck traffic? Greg Freehauf, with Martins Supermarket, 716 Cotter St., stated, Currently Kendall Street is used to be able to access the headquarters and there will probably be an entry point right were Kendall Street is now. Otherwise, it is not yet determined. We are excited to have this opportunity to grow. With no other questions from the Committee or Council, Committee Chair Davis opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. Committee Chair Davis then turned the floor back to the Committee for further discussion or main motions. Interim Council Attorney DeRose made a suggestion to add the written agreements to any recommendation. Committeemember Ferlic made a motion to send Bill No. 13-17 to the full Council with a favorable recommendation, subject to the adoption of the written agreements provided by the petitioner. This motion was seconded by Committeemember Broden and carried unanimously with a voice vote of five (5) ayes. Bill No. 14-17 -Amending the Zoning Ordinance for property located at: 2605 and 2623 Western Avenue Committee Chair Davis recognized there were no presenters present for Bill No. 14-17 and Interim Council Attorney DeRose recommended this legislation be continued at the 7:00 p.m. full Council meeting. Committeemember Broden requested an update from the Department of Community Investment on the list of vacant lots such as the one just voted on. With no other business, Committee Chair Davis adjourned the Zoning and Annexation Committee meeting at—:5 p.m. e t y S ubmitte li avis, o i air 5