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HomeMy WebLinkAbout25-17 Rezoning- 1405 & 1505 Howard Street LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director ?ARPEAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S-9571 May 2, 2017 South Bend Common Council 4t'Floor, County-City Building Filed in Clerk's Office South Bend, IN 46601 Mgt 0 3 2017 RE: Rezoning for 1405 & 1505 E. Howard Street KAREEMAH FOWLER APC#2827-17 CITY CLERK,SOUTH SEND,IN 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 May 8, 2017 Council meeting, and set it for public hearing at your June 26,2017 Council meeting. The petition is tentatively scheduled for public hearing at the June 20, 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, DVidM. St anton, Jr. Planner CC: Aladean DeRose 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 Y I N D I A N A.C O M/AREA PLAN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1405 & 1505 HOWARD STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT RESIDENTIAL USES 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: PARCEL "A": THAT PART OF THE NORTHEAST QUARTER OF SECTION 6. TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS; BEGINNING AT A POINT ON THE NORTH RIGHT-OF-WAY LINE OF HOWARD STREET WHICH IS WEST 107 FEET MORE OR LESS FROM A POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF HOWARD STREET WITH THE WEST RIGHT OF WAY LINE OF TWYCKENHAM DRIVE; THENCE CONTINUING WEST ALONG SAID NORTH LINE A DISTANCE OF 513 FEET MORE OR LESS; THENCE NORTH A DISTANCE OF 330 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 463 FEET MORE OR LESS,; THENCE SOUTH A DISTANCE OF 181 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 50 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 134 FEET MORE OR LESS TO THE POINT OF BEGINNING 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 2 , at o'clock M. Mayor, City of South Bend, Indiana Filed in Clerk's Office W 0 3 2017 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Uanch, "arnar ck xlssociates, Inc. Land Surveyors IN Professional Engineers Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of April 29,2017 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Filed in Clerk's Office RE: Rezoning Petition for 1405 and 1505 East Howard Street, MAY 3 2017 South Bend, Indiana 46617. KAREEMAH FOWLER Dear Council Members: CITY CLERK,SOUTH BEND,IN Our clients are requesting the approval of a Rezoning Petition for the properties located at 1405 and 1505 East Howard Street, South Bend,Indiana 46617. This requested Rezoning would allow for the approval of a multi-family apartment complex that is intended for Married Student Housing for students attending the University of Notre Dame. This project is located on Howard Street and backs up to the City's Fredrickson Park property. This proposed development has an ideal location with a proposed sidewalk connection thru the City Park to the University Campus. Our clients believe the improvements proposed for the properties would be a compatible use in the surrounding mixed use neighborhood. If you have any questions concerning this matter,please feel free to give me a call at 234-4003. Sincerely, 96Q aa(J � Michael J. Danch President Danch, Hamer&Associates, Inc. f L � K..) File No. 170134 "C"Md ;I "'F°° , 1 ,� _ 2017 (b) The use and value A area adjacent to the property included invariance will not be affected in a substantially adverse manner;and: See Attached (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See Attached IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: A"', I 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Name: Danch, Harner&Associates, Inc. Stephen Studer-Attorney-Kreig Devault Address: 1643 Commerce Drive 4101 Edison Lakes Parkivay, Suite 100 South Bend, Indiana 46628 ,'lfisham aka, Indiana 46545(574) 277-1207 574-2344003 mdanch @datichharner.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. Signature(s of all prope owner( ),or signature of Attorney for all property owner(s): r, '-.1, '�� � hc w McwcCe� f I LED ' 2017 AREA.P1 AN r0M�k_AI�S"S10N 0 -12017 l). From the requirement that the height and massing of new multi-family buildings shall bo oo more than twice the massing of the immediately abutting building, including buildings uu the same lot u maximum oy fourteen and half times. 2)'From the maximum allowed building height of48 feet 1o49feet. 3l From the maximum allowed building setback of 10 feet to 20 feet for buildings along Howard Street and allowing buildings tohmnuthe interior of the site. 4). From the requirement that building facades be-oriented towards and parallel to the Primary Street. 5\ From the requirement that all front doors,mailboxes\eoriented towards,visible from or facing the primary street frontage for the building located at the rear of the site and allowed to buveustuud-u\ooe mailbox for all units. 6). Fnnmtboreguircddeooudiveteom:umuzinounmuDuvvedbciobtof30uetuloui uPriooacy Street and from maximum allowed height of 5 foot fencing along the side and rear property lines ho allow u maximum o{u6 feet high decorative fencing along the Primary Street and vinyl,chain link or wood fencing along the side and rear property lines as shown. 7). From the requirement that off-street parking spaces be located behind buildings and that access hu allowed only from u Secondary Street o«Alley. 8). From the requirement that parking spaces be located a minfinuin of 15 feet from any building fagude tuu minimum of5 feet anobmpm. 9). From the requirement of providing two(2)parking spaces per dwelling unit to a minimum of One and quarter(l.25)spaces per dwelling unit. Requested Variance information: The owners are io the process nfdeveloping the petition site to have a total of hundred and four (104) mpmrtnmoto placed in five(5) buildings along with one(l)community building. The proposed buildings would be two and three stories with the two story buildings located along Howard Street. Access to the site would be from Bommoi Street. The property backs op to City owned property which is known as Fredrickson Park. The proposed apartment complex in intended to replace the existing Married Student Bonuiu& apartments for the University of Notre Dame. The uymrtmnecd complex ix proposed to have a pedestrian walk which will cross the existing City Park property tn create um access way to the University. One of the owners and their representative met with the Area Plan Commission and Community Investment staffs to review the project and tbe process required for allowing the development tobo approved as proposed. Based on those discussions it was determined that the best way to proceed with the project would be to n:gumut u rezoning oy the property ohnn/u as Parcel ^^A"0o the ^^MPl^` Ddbuu Corridor Multifamily amoiu8 u\unoifiuudno' This would u|luvv for the proposed apartment bni}dio��and xomnmau��itybuilding. /�a part of the rezoning pruoemfor Parcel°��",variances vvould HAII u 12017 ",I AN CC ft,011ISSION 2 .,:.a.. also be required from the "MF1" Urban Corridor Multifamily zoning classification and the NNZO Overlay District for the project as shown. More specifically the owners are requesting variances from certain standards from the MFI Zoning District and the NNZO Overlay District standards: 1). From the requirement that the height and massing of new multi-family buildings shall be no more than twice the massing of the immediately abutting building, including buildings on the same lot to a maximum of fourteen and half times. This request is needed due to the existing homes which are located to the East and West of the project site. Those homes are some of the original dwellings which were built several decades ago on smaller lots.The intent is to add new apartment style buildings of various sizes and orientations in the neighborhood on property which front onto a residential street. There are a variety of sizes of homes in the area from one story modest dwelling to medium sized two story homes.The homes closest to the project site are on the small to modest size. The home to the East faces onto Twyckenham Drive which leaves a smaller side building fagade facing Howard Street. The proposed project consists of several apartment style buildings which contain facades of varying sizes and heights as viewed from Howard Street. The buildings along Howard Street range from one(1)story for the community building on the East to two(2)stories along the remaining portion of the frontage of the project site. This placement of buildings allows for the one closest to the existing single family home to the east to be one (1) story which matches that homes height. The building on the West has its smallest facade facing the street which again helps to blend with the single family home to the West of the site. The proposed project will blend with the mixture of dwelling styles, sizes and architecture in existence. The owners do not believe the approval of the proposed new apartment buildings will have a negative impact in the neighborhood. The Petitioners do not believe approval of this request will have a negative impact on surrounding properties. 2). From the maximum allowed building height of 40 feet to 49 feet.This request is to allow for the proposed three (3) buildings to have a gamble style roof which is in scale with the building. The taller buildings were placed at the rear of the project site to lessen the impact of their height in relation to the existing homes in the neighborhood. The Petitioners do not believe approval of this request will have an adverse affect on any surrounding property. 3). From the maximum allowed building setback of 10 feet to 20 feet for buildings along Howard Street and allowing buildings to be on the interior of the site. In order to help maintain the existing streetscape for Howard Street, it is desired to be able to place the building further back from the street at a distance of 20 feet instead of the required 10 feet. This allows for more open space along the front of the property and provides a more consistent vista across the streetscape from one property to the next.Allowing building to be located on the interior of the site instead of just along the street frontage permits a more efficient use of the property and creates a sense of place.The Petitioners do not believe placing the buildings back ten additional feet along the street frontage and allowing buildings on the interior of the site will negatively impact any surrounding property. 4). From the requirement that building facades be oriented towards and parallel to the Primary Street. Unless the property in question is linear in configuration, placing buildings so they are oriented towards and parallel to the Primary Street is not practical. It does not allow for an efficient use of a property which has as much depth as it has frontage.The layout of the project site as proposed allows for the best placement of buildings and the parking areas.It also creates a i IAC 2017 1 Pr..,AM space that works for the proposed community building and outside recreational area for children. The owners do not believe approval of this request would have a detrimental effect on any surrounding property. 5). From the requirement that all front doors, mailboxes be oriented towards, visible from or facing the primary street frontage for the building located at the rear of the site and allowed to have a stand-alone mailbox for all units. The NNZO Ordinance requires all building front doors, mailboxes and facades to be visible to and oriented towards the primary street frontage of the project. This requirement does not allow for the efficient placement of buildings,parking areas or driveways on sites of varying configuration and size.This does not allow for the postal service to provide mail service they usually require for apartment developments.The owners do not believe approval of this request would have a negative impact on any surrounding property. 6). From the required decorative fence maximum allowed height of 3 feet along a Primary Street and from maximum allowed height of 5 foot fencing along the side and rear property lines to allow a maximum of a 6 feet high decorative fencing along the Primary Street and vinyl, chain link or wood fencing along the side and rear property lines as shown. This request is to allow flexibility from both the NIF1 standard and the NNZO Overlay District standards. The ordinance limits decorative fencing to a height of 4 ft. in the front yard area and the overlay district limits said fencing to a height of 3 ft. in the front yard area.The Petitioners desire to place a decorative fence along the Howard Street frontage which functions as a limit to where children of the complex can play on the property outside the recreational area by the community building.It also would help to secure the boundary of the project site from unwanted visits of non-residents of the complex. The fencing would be open style with brick columns located between fence sections. This would still allow for an open feel to the property. Along the side and rear property lines again there is an inconsistency between the ordinance and the Overlay District. The ordinance allows for a 6 ft. high fence while the overlay district limits the height to 5 feet. As mentioned above the intent to the fencing is to limit access around the perimeter of the site from non- residents and to limit the area where children of the complex can play without a concern of them leaving the property without adult supervision. The Petitioners desire to have a 6 ft. high fence along the property lines. They have listed the types of fencing they would place along said property lines. . The Petitioners do not believe approval of this request will adversely impact any surrounding property. 7). From the requirement that off-street parking spaces be located behind buildings and that access be allowed only from a Secondary Street or Alley. This property does not have a Secondary Street or Alley which can be used for access as required by the Overlay District. The only available public access point is onto Howard Street. The building orientation within the site does not allow for the parking spaces to be located behind the buildings. Again this requirement does not allow for the efficient use of the property for buildings, parking and open space. The parking shown will be screened from the public street through the use landscaping with small shrubs. The Petitioners do not believe approval of this request will have an adverse affect on any surrounding property. 8). From the requirement that parking spaces be located a minimum of 15 feet from any building fagade to a minimum of 5 feet as shown.This requirement of the Overlay District would force the buildings shown to be moved closer to the boundary of the project site and closer to the existing adjacent single family homes for the only propose of increasing the landscape area in front of the buildings. It would also have the affect of requiring additional variances to allow buildings to be 4 placed in the rear yard setback area.The plan as proposed will create landscape areas between the buildings and the parking spaces. The owners do not believe approval of this request would have a negative impact on any surrounding property. 9). From the requirement of providing two (2)parking spaces per dwelling unit to a minimum of One and quarter (1.25) spaces per dwelling unit. The ordinance requires two parking spaces per dwelling unit. The experience with the existing married student housing apartments the University presently maintains does not show that two spaces are required.Providing 0.80 spaces per dwelling unit is reasonable based on the existing apartments provided to married students. This allows for open parking spaces for the residents'visitors. Providing too many spaces,results in unused parking and a greater amount of impervious surface and increased heat island affect.It is believe the proposed amount of parking of 1.25 spaces per dwelling unit should provide more than adequate parking for the 104 apartment dwelling units and for visitors. The Petitioners do not believe approval of this request will have a detrimental effect on any surrounding properties. The Petitioners would ask the Commission members to agree that the approval of the above requested Variances,will not be injurious to the public health, safety, morals and general welfare of the community and the use and val'a of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and,that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. 2017 t PETITION FOR ZONE MAP AMENDMENT 7 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: Address(es) -, 1405 c& 1505 East Howard Street, South Bend, Indiana 46617. 2) The property Tax Key Number(s) is/are: Enter property tax key number(s):018-5102-3598, 018-5102-359702 3) Legal Descriptions: Enter full legal description:See attached 4) Total Site Area: Enter total acres to be rezoned: 3.66 Acres. 5) Name and address of property owner(s)of the petition site: Howard Street Land Trust Five CornersLLC 814 Marietta Street 814 Marietta Street South Bend. Indiana 46601 South Bend Indiana 46601 Ph. No. 574-233-1296 Ph. No.574-233-1296 E-Mail Address N/A E-Mail Address WA Filed in Clerk's Office Name and address of additional property owners, if applicable: I MAY 0 3 2917 6) Name and address of contingent purchaser(s), if applicable: KAREEMAN FOWLER Patrick.,111atthews P.O. Box 6397 CITY CLERK,SOUTH RENO. IN South Bend Indiana 46660-6397 Ph. .h'o. 1-574-315-9668 L � E-mail NIA ° Name and address of additional property owners, if applicable: 2017 � AREA PLAN COIV M'SSION 7) It is desired and requested that this property be rezoned: A+ 1 lCAT1GAd NO From: SF2 Single Family Two Family District N/A To: MF 1 Urban Corridor Multifamily District 8) This rezoning is requested to allow the following use(s): Insert intended use(s):Residential Uses. IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) List each variance being requested See attached. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: See Attached v (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: See Attached (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See Attached IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: NIA 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Name: Danch, Harner&Associates, Inc. Stephen Studer-Attorney-Kreig Devault Address: 1643 Commerce Drive 4101 Edison Lakes Parkway, Suite 100 South Bend, Indiana 46628 Mishawaka,Indiana 46545 (5 74) 2 77-120 7 574-234-4003 mdanch�danchharner.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. Signature al property er(s), or signature of Attorney for all property owner(s): G� s L � W; 112017 AREA PLAN C;OMMtSSION FIB, ? 2017 .A �.,� 01 AN roMI,..11SSI0N also be required from the "MF 1" Urban Corridor Multifamily zoning classification and the NNZO Overlay District for the project as shown. More specifically the owners are requesting variances from certain standards from the MFl Zoning District and the NNZO Overlay District standards: 1). From the requirement that the height and massing of new multi-family buildings shall be no more than twice the massing of the immediately abutting building, including buildings on the same lot to a maximum of fourteen and half times. This request is needed due to the existing homes which are located to the East and West of the project site. Those homes are some of the original dwellings which were built several decades ago on smaller lots. The intent is to add new apartment style buildings of various sizes and orientations in the neighborhood on property which front onto a residential street. There are a variety of sizes of homes in the area from one story modest dwelling to medium sized two story homes. The homes closest to the project site are on the small to modest size. The home to the East faces onto Twyckenham Drive which leaves a smaller side building fagade facing Howard Street. The proposed project consists of several apartment style buildings which contain facades of varying sizes and heights as viewed from Howard Street. The buildings along Howard Street range from one(1) story for the community building on the East to two (2) stories along the remaining portion of the frontage of the project site. This placement of buildings allows for the one closest to the existing single family home to the east to be one (1) story which matches that homes height. The building on the West has its smallest fagade facing the street which again helps to blend with the single family home to the West of the site. The proposed project will blend with the mixture of dwelling styles, sizes and architecture in existence. The owners do not believe the approval of the proposed new apartment buildings will have a negative impact in the neighborhood. The Petitioners do not believe approval of this request will have a negative impact on surrounding properties. 2). From the maximum allowed building height of 40 feet to 49 feet. This request is to allow for the proposed three (3) buildings to have a gamble style roof which is in scale with the building. The taller buildings were placed at the rear of the project site to lessen the impact of their height in relation to the existing homes in the neighborhood. The Petitioners do not believe approval of this request will have an adverse affect on any surrounding property. 3). From the maximum allowed building setback of 10 feet to 20 feet for buildings along Howard Street and allowing buildings to be on the interior of the site. In order to help maintain the existing streetscape for Howard Street, it is desired to be able to place the building further back from the street at a distance of 20 feet instead of the required 10 feet. This allows for more open space along the front of the property and provides a more consistent vista across the streetscape from one property to the next.Allowing building to be located on the interior of the site instead of just along the street frontage permits a more efficient use of the property and creates a sense of place.The Petitioners do not believe placing the buildings back ten additional feet along the street frontage and allowing buildings on the interior of the site will negatively impact any surrounding property. 4). From the requirement that building facades be oriented towards and parallel to the Primary Street. Unless the property in question is linear in configuration, placing buildings so they are oriented towards and parallel to the Primary Street is not practical. It does not allow for an efficient use of a property which has as much depth as it has frontage. The layout of the project site as proposed allows for the best placement of buildings and the parking areas.It also creates a 4 placed in the rear yard setback area.The plan as proposed will create landscape areas between the buildings and the parking spaces. The owners do not believe approval of this request would have a negative impact on any surrounding property. 9). From the requirement of providing two (2)parking spaces per dwelling unit to a minimum of One and quarter (1.25) spaces per dwelling unit. The ordinance requires two parking spaces per dwelling unit. The experience with the existing married student housing apartments the University presently maintains does not show that two spaces are required. Providing 0.80 spaces per dwelling unit is reasonable based on the existing apartments provided to married students. This allows for open parking spaces for the residents' visitors.Providing too many spaces,results in unused parking and a greater amount of impervious surface and increased heat island affect. It is believe the proposed amount of parking of 1.25 spaces per dwelling unit should provide more than adequate parking for the 104 apartment dwelling units and for visitors. The Petitioners do not believe approval of this request will have a detrimental effect on any surrounding properties. The Petitioners would ask the Commission members to agree that the approval of the above requested Variances,will not be injurious to the public health, safety, morals and general welfare of the community and the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and,that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. F111- 0 J F 2017 AREA PIANI CONNI91SSION