HomeMy WebLinkAbout08-18 Rezoning for Property at Northwest and Northeast Corners of Western & William and the Southwest corner of Wayne & William LAWRENCE P. MAGLIOZZI
q C EXECUTIVE DIRECTOR
P Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235-9571
February 7, 2018 Filed in Clerk's Office
Honorable Common Council
4th Floor, County-City Building FEB 07 TJ
South Bend, IN 46601
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
RE: Northwest and Northeast corners of Western & William and the Southwest corner of Wayne &
William
APC#2861-18
Dear Council Members:
Enclosed in 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 February 12,2018 Council
meeting, and set it for public hearing at your March 26, 2018 Council meeting. The petition is tentatively
scheduled for public hearing at the March 20,2018 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,
Jordan Wyatt
Planner
CC: Bob Palmer
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/A R E A P L A N
BILL NO. 08-18
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
GENERALLY LOCATED AT THE NORTHWEST AND NORTHEAST CORNERS OF
WESTERN AND WILLIAM AND THE SOUTHWEST CORNER OF WAYNE AND
WILLIAM COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
To allow for uses in the MU and CBD District consistent with the surrounding area and
Comprehensive Plans.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION I. 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:
Lots 1-6 and Lots 10-12 of Block 6 of Vail's Subdivison and the east half of the vacated alley
adjacent to Lots 2-6 and the west half of the vacated alley adjacent to lots 10-12, excluding the
first east-west alley north of Western
be and the same is hereby established as MU Mixed Used District.
SECTION Il. 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:
Lot B, Outlot A, and Outlot B of Vail's Subdivision First Replat
be and the same is hereby established as CBD Central Business District.
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, legal publication, and full execution of any conditions
or Commitments placed upon the approval.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City
of South Bend,Indiana on the day of ,2018,at o'clock
m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2018, at o'clock
.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
3 rd RE.A.1)
NOT APPRCVED
REFERRED
PASSED
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:
Property 1:Portion of city block bounded by W. Wayne Street to the North;S. Taylor Street to the West; W.
Western Avenue to the South:and S. William Street to the East. -South Bend,IN 46601
Property 2: 331-333 W Western Avenue and 401 N. Lafayette Street. -South Bend,IN 46601
2) The property Tax Key Number(s)is/are:
Property 1: 018-3012-0412;018-3012-0420.01;018-3012-0421;018-3012-0422;018-3012-0424;018-3012-0425;
Property 2: 018-3012-0440.02;018-3012-0440.04;018-3012-0440.05
3) Legal Descriptions:
Property 1:Lots 10 Thru 12& W 112 Vac Alley E&Adj Fails Sub Block 6 07108 Split to 041201 5052W 7118106;
Lots 1, 2 &3 Fails Sub Qf Block 6, 3 Rds S End Ea Lots 2 &3 &E 112 Yac Alley W&Adj Vails Sub Block 6,Lot 4&
E 112 Yac Alley W&Adj Fails Sub Block 6;Lot 5& W 49.5'Lot 6&E 112 Yac Alley W&Adj Pails Block 6;66 Ft E
End Lot 6 Fails Sub Block 6
Property 2:Lot B Vails Sub First Replat 14115 NP#803710-04-2013; Outlot B Fails Sub First Replat 14115 NP#8037
10-04-2013; OutlotA Vails Sub First Replat 14115 NP#803710-04-2013
4) Total Site Area:
Property 1: 1.50+/-Acres
Property 2: 1.75+/-Acres
5) Name and address of property owner(s)of the petition site: - F I L E D)
South Bend Redevelopment Commission
227 W. Jefferson Boulevard HEB 01 2018
1400 County-City Building
South Bend, IN 46601 AREA PLAN CQ S 10
574-235-5836 A lication#
drelos@southbendin.gov
Naine and address of additional property owners, if applicable:N/A
6) Naive and address of contingent purchaser(s), if applicable: Filed in Clerk's Office
N/A
Name and address of additional property owners,if applicable: N/A FEB 0 7 2018
KAREEMAH FOWLER
7) It is desired and requested that this property be rezoned: CITY CLERK,SOUTH BEND,IN
Property 1 Property 2
From: GB General Business District GB General Business District
To: MU Mixed Use District CBD Central Business District
8) This rezoning is requested to allow the following use(s): All uses allowed within the Mixed Use and Central
Business districts.
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) N/A
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: N/A
(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: N/A
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: N/A
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section):
1) The Special Exception Use(s)being requested: N/A
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: N/A
(b) The proposed use will not injure or adversely affect the use of the adjacent area or properly values
therein: N/A
(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: N/A
(d) The proposed use is compatible with the recommendations of the Comprehensive Plan.N/A
* 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.
Filed in Clerk's Office F X L E
CONTACT PERSON:
Chris Dressel �i FEB Q] 2018
227 W. Jefferson Blvd. FEB 07 2018 j
South Bend,IN 46615 AREA PLAN C I 10
574-235-5847 KAREEMAH FOWLER Application#
cdressel @southbendin.gov CITY CLERK,SOUTH BE^iD IN
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 property owner(s),or signature of Attorney for all property owner(s):
Preliminary Site Plan
Tay]o r/Wayne/Lafayette/Western Block
Property 2 Wayne
{ GB - Desired Zoning MU Current Zoning GB - Desired Zoning CBD
C)
0
P
CV
O
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018-3012-042001 02
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018-3012-0421
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018-3012-0422
018-3012-044002 0 [ N
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O O
C C
F m
<.0
LU
018-3012-0424 1 0-
)412
CL
QQ
18-3012-042
Western
125 250 500 Note: Site will meet all zoning
Feet standards at time of development.
I
Filed in Clerk's Office
[FEB 0 7 2018
__._ ..._j
KAREEMAH i J�!/LER
CITY CLERK.SCI 7H pr-'kin °N
LAWRENCE P. MAGLIOZZI
LXECUIIVI: DIItEC10R
Angela M. Smith
Deputy Dire etor
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9 I
February 7, 2018 Filed in Clerk's Office
Honorable Common Council
�� O ��1
41h Floor, County-City Building
South Bend, IN 46601 -------° ---
KAREENlAH FOWLER
CITY CLERK,SOUTH SEND,IN
RE: Northwest and Northeast corners of Western & William and the Southwest corner of Wayne &
William
APC#2861-18
Dear Council Members:
Enclosed in 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 February 12,2018 Council
meeting, and set it for public hearing at your March 26, 2018 Council meeting. The petition is tentatively
scheduled for public hearing at the March 20,2018 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,
_NZ�z�
Jordan Wyatt
Planner
CC: Bob Palmer
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 I N D I A N A.C O M r A R E A P L A N
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
GENERALLY LOCATED AT THE NORTHWEST AND NORTHEAST CORNERS OF
WESTERN AND WILLIAM AND THE SOUTHWEST CORNER OF WAYNE AND
WILLIAM COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
To allow for uses in the MU and CBD District consistent with the surrounding area and
Comprehensive Plans.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION I. 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:
Lots 1-6 and Lots 10-12 of Block 6 of Vail's Subdivison and the east half of the vacated
alley adjacent to Lots 2-6 and the west half of the vacated alley adjacent to lots 10-12,
excluding the first east-west alley north of Western
be and the same is hereby established as MU Mixed Used District.
SECTION II. 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:
Lot B, Outlot A, and Outlot B of Vail's Subdivision First Replat
be and the same is hereby established as CBD Central Business District.
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, 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
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:
Property 1:Portion of city block bounded by W Wayne Street to the North;S. Taylor Street to the West; W
Western Avenue to the South:and S. William Street to the East. -South Bend,IN 46601
Property 2:331-333 W. Western Avenue and 401 N. Lafayette Street. -South Bend,IN 46601
2) The property Tax Key Number(s)is/are:
Property 1: 018-3012-0412;018-3012-0420.01;018-3012-0421;018-3012-0422;018-3012-0424;018-3012-0425;
Property 2: 018-3012-0440.02;018-3012-0440.04;018-3012-0440.05
3) Legal Descriptions:
Property 1:Lots 10 Thru 12& W 112 Vac Alley E&Adj Vails Sub Block 6 07108 Split to 041201 5052W 7118106;
Lots 1, 2 &3 Vails Sub Of Block 6; 3 Rds S End Ea Lots 2 &3 &E 112 Vac Alley W&Adj Vails Sub Block 6;Lot 4&
E 112 Vac Alley W&Adj Vails Sub Block 6;Lot 5& W 49.5'Lot 6&E 112 Vac Alley W&Adj Vails Block 6; 66 Ft E
End Lot 6 Vails Sub Block 6
Property 2:Lot B Vails Sub First Replat 14115 NP#803 7 10-04-2013; Outlot B Vails Sub First Replat 14115 NP#8037
10-04-2013; OutlotA Vails Sub First Replat 14115 NP#803 7 10-04-2013
4) Total Site Area:
Property l: 1.50+/-Acres
Property 2: 1.75+/-Acres
5) Name and address of property owner(s)of the petition site: - FILED -
South Bend Redevelopment Commission
227 W Jefferson Boulevard FED 01 2018
1400 County-City Building
South Bend, IN 46601 AREA PLAN C S 10
574-235-5836 Application#
drelos@southbendin.gov
Name and address of additional property owners,if applicable:N/A
6) Name and address of contingent purchaser(s), if applicable:
N/A
Name and address of additional property owners,if applicable: N/A
7) It is desired and requested that this property be rezoned:
Property 1 Property 2
From: GB General Business District GB General Business District
To: MU Mixed Use District CBD Central Business District
8) This rezoning is requested to allow the following use(s): All uses allowed within the Mixed Use and Central
Business districts.
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) N/A
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: N/A
(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: N/A
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: N/A
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section):
1) The Special Exception Use(s)being requested: N/A
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: N/A
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: N/A
(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: N/A
(d) The proposed use is compatible with the recommendations of the Comprehensive Plan.N/A
* 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.
-FILED-
CONTACT PERSON:
Chris Dressel
227 W. Jefferson Blvd. FEB 01 2018
South Bend, IN 46615 AREA PLAN CO IS 10
574-235-5847 Application#
cdressel @southbendin.gov
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 property owner(s), or signature of Attorney for all property owner(s):
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Angela M. Smith
1),P.Iy Pi,o,In,
AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN
227 W. JFFFFRSON RLVD., ROOM 1 14 0 COUNTY-CITY ell 1L1)1N G. SOUTH BEND, INDIANA 46601 (574)235-9171
Wednesday,March 21,2018
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend,IN 46601
RE: A proposed ordinance of South Bend Redevelopment Commission to zone from GB General Business District
and MU Mixed Use District to MU Mixed Use District and CBD Central Business District, property located
at the Northwest and Northeast Corners of Western and William and the Southwest Corner of Wayne and
William,City of South Bend-AFC#2861-18.
Dear Council Members:
I hereby Certify that the above referenced ordinance of South Bend Redevelopment Commission was legally
advertised on March 8, 2018 and that the Area Plan Commission at its public hearing on March 20,2018 took the
following action:
Upon a motion by John McNamara,being seconded by John DeLee and unanimously carried,a
proposed ordinance of South Bend Redevelopment Commission to zone from GB General Business
District and MU Mixed Use District to MU Mixed Use District and CBD Central Business District,
property located at the Northwest and Northeast Corners of Western and William and the Southwest
Corner of Wayne and William,City of South Bend, is sent to the Common Council with a
FAVORABLE recommendation.Rezoning these sites to MU: Mixed Use District and CBD:Central
Business District would correspond to,and enhance,the surrounding properties and trends of the area.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
Lawrence P.MagliozzJ
Attachment
CC: South Bend Redevelopment Commission
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE , NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S I C I N D I AN A C 0 M 13 0 6 1 a r e a.D I&n
Jennifer Parcell
From: Shelly& Kevin Baumgartner <skgambit @gmail.com>
Sent: Monday, March 12, 2018 3:05 PM
To: Jennifer Parcell
We would like to express our approval for the petition to rezone the area sited in application APC#2861-18.
Thank you,
Shelly and Kevin Baumgartner
1
Staff Report 3/9/2018
APC# 2861-18
Owner: South Bend Redevelopment Commission
Location: the Northwest and Northeast Corners of Western and William and the
Southwest Corner of Wayne and William
Jurisdiction: City of South Bend
Public Hearing Date: 3/20/2018
Requested Action:
The petitioner is requesting a zone change from GB General Business District and MU
Mixed Use District to MU Mixed Use District and CBD Central Business District
Land Uses and Zoning:
On site: On the west site are vacant lots. On the east site is a parking lot and a
vacated street.
North: To the north, across Wayne, are residential properties zoned MU: Mixed
Use District.
East: To the east is an office building zoned CBD: Central Business District.
South: To the south, across Western, is Four Winds Field zoned CBD: Central
Business District, and a community center zoned MU: Mixed Use District
and GB: General Business District.
West: To the west, across Taylor, is a church zoned MU: Mixed Use District.
District Uses and Development Standards:
The MU Mixed Use District is established to promote the development of a dense urban
neighborhood center environment. The regulations are intended to encourage all the
elements of a traditional neighborhood center, including: storefront retail; professional
offices; and dwelling units located either in townhouse developments or in the upper
stories or rear 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. The CBD Central Business District is established to promote the
development of the downtown region of the City of South Bend as a center for trade,
finance, government,high density residential and entertainment districts within St. Joseph
County and north central Indiana. The regulations of this district are intended to encourage
high density, mid-rise and high rise developments which may include a mixture of
compatible urban uses. The development standards in this district,while designed to
provide for high density development, also encourage a pedestrian friendly environment
supportive of urban residential developments, retail, restaurant,theater and similar
business and cultural uses associated with major metropolitan areas.
Site Plan Description:
There's no proposed site plan for development at this time. Future development will need
to adhere to development standards for the appropriate districts.
APC# 2861-18 Page 1 of 3
Staff Report 3/9/2018
Zoning and Land Use History And Trends:
A portion of Four Winds Field,to the south,was rezoned CBD in 2015. The parcel to the
north of the existing parking lot was rezoned to CBD in 2016.
Traffic and Transportation Considerations:
Wayne,Taylor, William, and Western are all two lanes with on-street parking. Wayne and
Western have designated left turn lanes at the intersections.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
There are no agency comments at this time.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
This petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006)Policy LU 3: Increase the urban desnity of the Central Business District.
Land Use Plan:
The future Land Use Plan identifies this area as mixed use.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The properties in the area around the site act as a transition zone from the Central Business
District to the single-family homes to the west. Mixed-use developments help provide this
buffer between the two densities of development.
3. Most Desirable Use:
The most desirable uses for these site are mixed use developments that will compliment
the Central Business District.
4. Conservation of Property Values:
Rezoning these sites to MU: Mixed Use District and CBD: Central Business District will
not affect adjacent property's land values.
5. Responsible Development And Growth:
It is responsible development and growth to rezone these sites to MU: Mixed Use District and
CBD: Central Business District. This would allow for developments that are consistent with
the surrounding area.
Staff Comments:
The staff has no additional comments at this time.
APC# 2861-18 Page 2 of 3
Staff Report 3/9/2018
Recommendation:
Based on information available prior to the public hearing,the staff recommends sending
the rezoning petition to the Common Council with a favorable recommendation.
Analysis:
Rezoning these sites to MU: Mixed Use District and CBD: Central Business District
would correspond to, and enhance,the surrounding properties and trends of the area.
APC# 2861-18 Page 3 of 3