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Home My WebLink About9782-07 Rezoning Notre Dame & SorinORDINANCE No. spa=-o~ Passed by the Common Council of the City of South Bend, Indiana September 10, Attest: Attest: 20 07 Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council September 11, 07 20 City Clerk Approved and signed by me SPR~mb~ ~ 1 ~ 20 07 Ol~.u-~-~ ~ - - - -Mayor ORDINANCE NO . ~ ` D h - AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NOIRE DAME AVENUE & SORIN STREET., SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF NOIRE DAME AVENUE & SORIN STREET., AND IS PRESENTLY ZONED "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "PUD PLANNED UNIT DEVELOPMENT DISTRICT" TO ALLOW FOR THE CONSTRUCTION OF ATTACHED RESIDENTIAL HOME UNITS. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNEROF LOT 34 IN THE RECORDED PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, RECORDED IN BOOK #1, PAGE 35 IN THE OFFICE OF THE $T. JOSEPH COUNTY RECORDERS OFFICE; THENCE NORTH ALONG THE WEST LINE OF SAID LOT #34 & #33 A DISTANCE OF 257.00 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 283.78 FEEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF NOIRE DAME AVENUE; THENCE SOUTHEASTERLY ALONG SID RIGHT-OF-WAY LINE A DISTANCE OF 236.31 .FEET MORE OR LESS TO THE NORTHERLY RIGHT-OF-WAY LINE OF SORIN STEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR THE NEXT TWO COURSES, SOUTHWESTERLY 71.78 FEET MORE OR LESS AND WEST 222.97 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.68 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "PUD" PLANNED UNIT DEVELOPMENT DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. ~ ~ MEMBER OF THE MMON COUNCIL ATTEST: C CLERK. PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE ~ ~ ~ DAY ~,~~ , 2 O(~7 , AT Z~-~~ O' CLOCK p M. ~_ Y CLERK ~ ,/1,..,,,,r~"ti APPROVED AND SIG D BY ME ON THE ~_ DAY OF , 2_ ~5~, AT ~' CLOCK 4 .. M. ~r: ~ MAYOR, CITY S TH BEND, INDIANA 1st READING ~~~ l ~, PUBLIC HEARING ~-~~"~~ 3rd READING R-lo "~~ NOT APPROVED ~~ (,~1 REFERRED ~~P- PASSED ~~~p ~0~ ~-S ~S S~c~~?-~ -~-~~~;, c~. 5 S w~ s~~~¢ S ~ S ~Y~.~-~-~ Filed in Cleric's Office ,1U1. ' ~ X007 JOHN VQOADE CITY CLERK, S0. EENO, IPt. - TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 38-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NOTRE DAME AVENUE & SORIN STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO 4, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted by changing SF1 to SF2 and the legal description has changed to include an additional parcel Karen L. White Chairperson REVISED 6/26/07. DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: NORTHWEST CORNER OF NOTRE DAME AVENUE & SORIN STREET. SOUTH BEND, INDIANA 46617 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: ROBERT E. DUNBAR JR. 50700 MARIE COURT SOUTH BEND, INDIANA 46637 PHONE NUMBER (574) 243-1322. MICHELLE & MICHAEL ALFREY 25859 BRICK ROAD SOUTH BEND, INDIANA 46628 PHONE NUMBER (574) 315-6291 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT TO: "PUD PLANNED UNIT DEVELOPMENT DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RESIDENTIAL DEVELOPMENT. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '~" x 11" FORMAT. SIGNED , ~~ 1 t C--~n~.~. SIGNED, MICHELLE ALFREY - MICHAEL ALF.I~EY - PETITIONERS SIGNED , 1~ ~' ~,~r--v`+~' R BERT E. DUNBAR PETITIONED PREPARED BY: DANCH, HARMER & ASSOCIATES 1642 COMN~RCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574)-234-4003 PETITIONERS CONTACT PERSON (IF DIFFERENT): Filed !n Clerk's Office JUL ~ 3 2007 JOt1ti VOORDE G!TY CLERK, 80. FEND, tN. LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 34 IN THE RECORDED PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, RECORDED IN BOOK #1, PAGE 35 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS OFFICE; THENCE NORTH ALONG THE WEST LINE OF SAID LOT #34 & #33 A DISTANCE OF 257.00 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 283.78 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF NOIRE DAME AVENUE; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 236.31 FEET MORE OR LESS TO THE NORTHERLY RIGHT-OF-WAY LINE OF SORIN STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR THE NEXT TWO COURSES, SOUTHWESTERLY 71.78 FEET MORE OR LESS AND WEST 222.97 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.68 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. File lit C9€;~'~c'S O~fiice JUL - 3 2007 JOatd VOORDE G,TY CLEtsK, R0. BEND, IN. Jul 03 07 11:41a DRN("'.HRRNER a RSS. 574 ''34-4119 p.2 General Notes for Development Standards for the Sorin Street-Notre Dame Ave. PUD: 1. All interior streets and driveways shown shall remain private and all maintenance shall be done by a created Home Owners Association. All interior streets, drives and driveways shall be paved with a durable, hard dust-free surface; 2. Exterior maintenance on all shown dwelling units shall be provided by a created Home Owners Association; 3. All dwelling units (buildings) shall have a maximum limited height above grade of three stories or 48 feet; 4. Maintenance on all landscape/open spaces areas within the shown project site shall be done by a created Home Owners Association; 5. All dwelling units shall be connected to municipal sanitary sewer and waterlines extended to the site at the developers expense. All main sanitary sewer and water lines located in easements within the project site are dedicated public lines. 6. .411 surface drainage created by this project shall be retained on-site. Capacity of said drainage system shall meet the required City of South Bend Drainage standards. 7. Each dwelling unit shown shall be placed on a legal lot of record as defined under the Ciry of South Bend Subdivision and Zoning Codes and/or developed under the State Condominium codes. 8. Minimum lot standards in the proposed development which contains a dwelling unit shall be as follows: a). Lot Frontage along a public street, private street or drive ...... 22 feet; b). Lot Depth .............................................................. 70 feet; c). Lot Square footage ................................................... 1,540 sq.ft. d). Front Building setback along a public street, private street or drive ............... ..................................................... 5 feet; e). Side-yazd Building setback interior project lots .................. 0 feet; (). Side-yard along Project boundary .................................. 5 feet; g). Rear-yard setback .................................................... 10 feet; li). Open Porches may encroach into Front or Rear -yard setbacks a maximum of 5 feet; j). Maximum building lot coverage shall not exceed ................. 70%; k). Minimum project open space shall not be less than 15% of project area; 1). Maximum project density shall not exceed 22 units per acre. Jul 03 07 11:41a DRNf",HRRNER a RSS. 574 ''34-4119 p.3 9. Each dwelling unit shown shall provide a minimum of One (1)off-street parking space. Project site will have a minimum of Ten (10) visitor parking spaces. 10. Prior to any construction on any lot, the owner(s) shall be required to have the home/building plans approved by a created Home Owners Architectural Review Board. 11. Perimeter landscaping along Notre Dame Avenue shall consist of the placement of at least one (1) over-story deciduous on an approximate spacing of 40 ft. on- center as allowed proposed driveways. The minimum number of trees shall be Seven (7). Size of the trees shall not be less than 2.5" caliper plant. Perimeter landscaping along Sorin Street shall consist of the placement of at least one (1) over-story deciduous on an approximate spacing of 40 ft. on-center as allowed proposed driveways. The minimum number of trees shall be Six (6). Size of the trees shall not be less than 2.5" caliper plant. Trees may be planted in Street right- of-way only with approval of the Board of Public Works and/or Parks Department City Forester. Trees in area of proposed masonry wall along Sorin Street shall be sized to fit area shown and may be a columnaz type plant specimen. Perimeter landscaping along the North project line shall consist of Evergreen trees placed in either a single row or staggered two rows with said plants having a spacing, not greater than 15 ft. on-center. If an arborvitae type evergreen plant is used, said spacing shall not be greater than 10 ft. on-center. At the time of planting, said trees planted shall not be less than 5 ft. in height. 12. Foundation Landscaping around proposed buildings shall consist of a planting bed not less than 5 $. in width, excepting at those locations where the entry walks, stoops and driveways are shown. Planting material shall consist of a mix of evergreen and deciduous shrubbery that covers an area equal to 75% of the building facade, less the above described paved areas. As shown said foundation landscaping shall apply to the East, South and West facades of the North proposed building, the East, North and West facades of the South proposed building, and the East and South facades of the West proposed building. Landscaping consisting of a mixture of small evergreen and deciduous shrubs/vines shall be placed along the shown masonry wall on Sorin Street. Landscaping shall be placed along the entire length of the proposed wall. 13. 'Che shown masonry wall along Sorin Street shall not be less than 5 feet. in height nor higher than 6 feet, with the exception of maintaining minimum safety sight distance at the entry driveway opening onto Sorin Street. Wall columns, if provided shall not be higher than 7 feet. The location of the wall shall not be closer than at the right-of--way line of Sorin Street. The wall material may be a concrete block, but only if said block is covered on all sides with an architectural toll sine brick/stone. No exposed block shall be penmitted. A masonry wall may be placed on Notre Dame Avenue with the same standards as stated above, with the exception that any wall along Notre Dame Avenue shall not exceed 30% opaqueness. Jul 03 07 11:41a DRNC".HRRNER a RSS. 574 ''34-4119 p.4 14. Signage for the proposed project shall consist of not more than Two (2) monument type signs, limited to One (1} sign per street frontage, whose height shall not exceed a 5-foot height, or exceed a length of 8 feet. Signs shall be limited to a maximum 32 square foot of sign area. Said signs, if lighted, shall only have external lighting. Location of the signs shall not be closer than 1 foot to any right-of--way line. All required safety sight distances at corners shall be maintained as required by City codes/standards. Sign along Sorin Street frontage nay be incorporated into shown masonry wall. 15. Security site lighting shall be limited to a combination of building wall pack lighting and or light poles. Said poles shall be limited in height to 20 feet. All lighting for security shall be shielded and directed downward to prevent off-site light spillage. Maximum foot-candles at property boundary shall not exceed 3 foot-candles per square foot or as allowed by City Zoning Codes, which-ever restriction is greater. Maximum wattage shall not exceed 1,000 watts. Said lights shall also be full-cutoff lights. 16. ~frash encloswes shall be required and shall be screened on a minimum of three (3) sides with the same materials or combination of materials used for building facades. Enclosures shall be placed no closer than ~ feet to a common interior property line, nor closer than 3 feet from an alley right-of--way line as shown. All enclosures shall have a screened gate, to screen view into said structwe. 17. Access to the Public alley shown along the West line of the project site shall be as approved by the Board of Public Works. Any required Alley improvements to allow said access shall be at the Developers'/Owners expense. 18. Any encroachment into Public Right-of--way (i.e. By landscaping or structures) shall be approved by the Board of Public Works. 19. This project anticipates development in three (3) Phases. The first Phase would be the North Building, the second Phase would be the South Building and the final Phase would be the West Building. Construction of the project is anticipated to begin within 8 months of approval, with favorable market conditions. ~i~~C~ X11 ~~ml°~'~ ~~ICB J U ~ - 3 2007 Property Owners Within 300 feet Michael 8~ Michelle Alfrey 605 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5031 113001 Michael & Michelle Alfrey 605 N Notre Dame Ave South Bend, IN. 46601 Tax Key # 018 5031 1130 Michael Alfrey -Robert Dunbar 815 W Sample South Bend, IN. 46601 Tax Key # 018 5031 1129 Michael Alfrey -Robert Dunbar 815 W Sample South Bend, IN. 46601 Tax Key # 018 5031 1126 Dougals Bella 617 Notre Dame Avenue South Bend, IN. 46617 Tax Key # 018 5031 1127 William & Julie Zimmer 18075 Roosevelt Road South Bend, IN. 46614 Tax Key # 018 5031 1123 Kathaleen Collins 812 Almond Court South Bend, IN. 46617 Tax Key # 018 5031 1117 Keith Flowers 20801 Roosevelt Road South Bend, IN. 46614 Tax Key # 018 5031 1120 Gabriel Real Estate Management 107 S Greenlawn Sna:h iserie, Ir:. R66'# 7 Tax Key # 0185031 111101 Brian Sc Jai{et ~vray 824 South Bend Ave ."~..n.L':il Be:~a, Its. 4~e1 Tax Key # 018 5031 1109 Richard Lamirand 51688 Wexford Dr Granger, IN. 46530 Tax Key # 018 5031 112601 North Hill Street LLC 2300 E Stadium Blvd Ann Arbor, M1.48104 Tax Key # 018 5031 1110 Philip & Carolyn Matemowski 21387 Mays Drive South Send, IN. 46628 Tax Key # 018 5031 1122 John 8~ Otha Reese 51545 Autumn Ridge Granger, IN. 46530 Tax Key # 018 5031-1118 Olivet African Methodist Episcopa Church 719 N Notre Dame Ave South Bend, IN. 46617 Tax KPV # (11R ~n~1 111R Olivet A.M.E. Church 719 N Notre Dame Ave South Bend, IN. 46617 Tax Key # 018 5031 1112 ivi~{i{i Hili Street LLC 2300 W Stadium Blvd ,c'ann L>urhnr ~nl t~~11,u~ Tax Key # 018 5031 1108 William 8~ Julia Zimmer 18075 Roosevelt Road South Bend, IN. 46614 Tax Key # 018 5031 1125 Gilbert Williams 820 Almond Court South Bend, IN. 46617 Tax Key # 018 5031 1124 University of Notre Dame Du Lac 224 Flanner Hall Notre Dame, IN. 46556 Tax Key # 018 5031 1121 Gilbert Williams Jr. 820 Almond Court South Bend, IN. 46617 Tax Key # 018 5031 1119 Salvator Laaara 832 South Bend Ave South Bend, IN. 46617 Tax Key # 018 5301 1111 Olivet African Methodist Episcopal Church 719 N Notre Dame Ave South Bend, IN. 46617 Tax Kav # n1R .rr1~1 111 Em{ia Broadway 816 South Bend Ave Soutn ~°nri il~. ~~~ ! Tax Key # 018 5031 1107 Emma BrilaiiJciV David RlFbirisan Andrew Spite 816 South B?n!!d ,lAven!!e 814 South Bend Avenue 744 Notre Dame Ave yn~{tii #KPTZ("1 i{~i. `'~~.,~ L 1~..,~~{Tn ~i~~:l #~as uY'4YC+~i ~ a~..ni LT'7 t5?ri~.t F±~~. ~: r.'YS. E F Tax Key # X18 5031 1106 Tax Ke.~ ~ 018 5031 1105 Tax Ke>' ~ 018 502 1451 AME Olivet Church Michael Pingel Michael Pingel 719 N Notre Dame Ave P.O.Box 6131 P.O.Box 6131 South Bend, IN. 46617 South Bend, IN. 46660 South Bend, IN. 46660 Tax Key # 018 5029 1054 Tax Key # 018 5029 1055 Tax Key # 018 5029 105501 Shirley Mcfarland Thomas Murray Notre Dame Avenue LLC 714 N Notre Dame Ave 706 N Notre Dame Ave 1947 Woodlawn South Bend, IN. 46617 South Bend, IN. 46617 Griffith, IN. 46319 Tax Key # 018 5029 1058 Tax Key # 018 5029 1059 Tax Key # 018 5029 1064 Paul 8~ Doris Graham Twin Domers LLC North Hill Street LLC 612 N Notre Dame Ave 3204 Grand Oaks Ct 2300 E Stadium Blvd South Bend, IN. 46617 Pittsburg, KS 66762 Ann Arbor, MI. 48104 Tax Key # 018 5029 1069 Tax Key # 018 5029 1070 Tax Key # 018 5029 107001 Weaver Property Services Leo Trevino Leo Trevino -Monica Prado P.O.Box 6766 931 Sorin Street 937 Sorin Street South Bend, IN. 46660 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 018 5029 107002 Tax Key # 018 5029 107201 Tax Key # 018 5029 1072 Essie Mae Johnson Angela Redding Angela Redding P.O.Box 2979 617 Frances Street 617 N Frances Silverdale, WA. 98383 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 018 5029 1071 Tax Key # 018 5029 1068 Tax Key # 018 5029 1067 Housing Authority of South Bend Norsis Stricklen Norsis Stricklen 501 S.Scott 705 N Frances 705 Francis Street South Bend, IN. 46613 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 018 5029 1066 Tax Key # 018 5029 1063 Tax Key # 018 5029 1062 William & Dorothy Hilt William 8~ Dorothy Hill William Calahan 707 N Francis 707 N Frances 16220 Jackson Road South Bend, IN. 46637 South Bend, IN. 46617 Mishawaka, IN. 46544 Tax Key # 018 5029 1061 Tax Key # 018 5029 1060 Tax Key # 018 5029 105701 Dennis Bradley Christopher Harvey Anthony & Rosa Stewart 19170 Trinity St 721 N Frances 723 N Francis Detroit, MI. 48219 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 018 5029 1057 Tax Key # 018 5029 105601 Tax Key # 018 5029 1056 Linda Riffle Mitri Gamer Mitri Garner 1442 Matthews Ln 902 Sorin St 904 Sorin Street South Bend, IN. 46614 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 018 5029 105301 Tax Key # 018 5026 0907 Tax Key # 018 5026 0908 Isabella & Robin Six Marilyn Ehman Francesco & Linda Parisi 908 E Sorin 910 E Sorin 10207 Glen Lee South Bend, Ify. 46617 South Bend, IN. 46617 Granger, IN. 46530 Tax Key # 018 5026 0909 Tax Key # 018 5026 8910 Tax Kgy # 018 5026 0911 Francesco Parisi Francesco 8~ Lina Parisi Jds Properties 10207 Glen Lee Tr 10207 Glen Lee 17642 Parrish Ct Granger, IN. 46530 Granger, IN. 46530 South Bend, IN. 46635 Tax Key # 018 5026 091201 Tax Key # 018 5026 0914 Tax Key # 018 5026 0917 T & T Rentals Inc. Monica Prado Housing Authority of South Bend P.O.Box 3214 932 Sorin 501 S Scott South Bend, IN. 46619 South Bend, IN. 46617 South Bend, IN. 46613 Tax Key # 018 5026 0918 Tax Key # 018 5026 0919 Tax Key # 018 5026 0928 Raymond &Lavada Chatman Raymond 8~ Lavada Chatman Kenneth L Kent Jr. 922 E Miner St 923 E Miner 15398 Roscommon Ln South Bend, IN. 46617 South Bend, IN. 46617 Granger, IN. 46530 Tax Key # 018 5026 0927 Tax Key # 018 5026 0926 Tax Key # 018 5026 0925 Richard Wroblewski Richard Wroblewski Indiana United Corporation 310 Indian Trace # 444 3318 E Woodmont Ave P.O.Box 3535 Weston, FL. 33326 Cincinnati, OH. 45213 South Bend, IN. 46619 Tax Key # 018 5026 0924 Tax Key # 018 5026 0923 Tax Key # 018 5026 0922 Indiana United Corporation Civil City of South Bend William Degroote Sue Mattie P.O. Box 3535 1406 S Michigan 213 Edgewood Ln South Bend, IN. 46619 South Bend, IN. 46601 La Porte, IN. 46350 Tax Key # 018 5026 0921 Tax Key # 018 5026 0920 Tax Key # 018 5025 0876 Rosie L Stoner William &Mattie Sue Degroote Douglas & Patricia Ann Agbetsiafa 834 E Sorin 213 Edgewood Ln 224 N Sunnyside Ave South Bend, IN. 46617 LaPorte, IN. 46350 South Bend, IN. 46617 Tax Key # 018 5025 0875 Tax Key # 018 5025 0874 Tax Key # 018 5025 0873 LeRoy & Helen Sutton Velma Harris William 8~ Mattie Sue Degroote 53307 Peggy Ln 818 Sorin 213 Edgewood Ln South Bend, IN. 46635 South Bend, IN. 46617 LaPorte, IN. 46350 Tax Key # 018 5025 0872 Tax Key # 018 5025 0871 Tax Key # 018 5025 0870 William 8~ Mattie Sue Degroote William & M Sue Degroote Paul 8~ Donna Baumgartner 213 Edgewood Lane 213 Edgewood Ln 417 Howard St LaPorte, IN.46350 LaPorte, IN. 46350 South Bend, IN. 46617 Tax Key # 018 5025 0869 Tax Key # 018 5025 0867 Tax Key # 018 5025 0877 Joyce Hantuba Kasahn Mitchell Frederick 8~ Martha Agnes Crimmins 243 E Broadway 809 E Miner 813 E Miner South Bend, IN. 46601 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 018 5025 0878 Tax Key # 018 5025 0879 Tax Key # 018 5025 0880 Miner Land Trust Alice Plump Wells Fargo Bank 53243 Catalina Ct 823 E Minor Street 51 E Bethpage Rd South Bend, IN. 46635 South Bend, IN. 46617 Plainview, NY. 11803 Tax Key # 018 5025 0881 Tax Key # 018 5025 0882 Tax Key # 018 5025 0883 Cosimo Bumbaca Joyce Hantuba Stanley McCray 1707 South Bend Ave 243 Broadway 56628 Meadowood Dr South Bend, IN. 46637 South Bend, IN. 46601 Elkhart, IN. 46516 Tax Key # 018 5025 0884 Tax Key # 018 5025 0855 Tax Key # 018 5025 0886 Salvatore & Marissa Marcello Mario Mant North Hill Street LLC 735 E Sorin 50929 Mulholland Dr. 2300 E Stadium Blvd. South Bend, IN. 46617 South Bend, IN. 46628 Ann Arbor, MI.48104 Tax Key # 018 5031 1095 Tax Key # 018 5031 1094 Tax Key # 018 5031 1093 North Hill Street LLC Samuel Lee Wright MMM Properties LLC 2300 E Stadium Blvd. P.O.Box 11645 50929 Mulholland Dr Ann Arbor, M1.48104 South Bend, IN. 46634 South Bend, IN. 46628 Tax Key # 018 5031 1092 Tax Key # 018 5031 1091 Tax Key # 018 5031 1090 SLWREO Corp MMM Properties LLC North Hill Street LLC 14325 Millikan Way Suite 200 50929 Mullholland Dr. 2300 E Stadium Blvd Beaverton, OR. 97005 South Bend, IN. 46628 Ann Arbor, M1.48104 Tax Key # 018 5031 1089 Tax Key # 018 5031 1096 Tax Key # 018 5031 1097 Anthony & Therese Schirripa Stephen Moschella John Dragovich 2123 Riverside Dr 4 Wilkins Terrace 314 E Peashway South Bend, IN. 46616 Georgetown, MA 01833 South Bend, IN. 46617 Tax Key # 018 5031 1098 Tax Key # 018 5031 1099 Tax Key # 018 5031 1100 North Hill Street LLC North Hill Street LLC North Hill Street LLC 2300 E Stadium Blvd 2300 E Stadium Blvd 2300 E Stadium Blvd Ann Arbor, MI. 48104 Ann Arbor, MI. 48104 Ann Arbor, M1.48104 Tax Key # 018 5031 1101 Tax Key # 018 5031 1102 Tax Key # 018 5031 1103 Stanley Richard Feingold Carl & Anna Kimble JSM4JC Investment Properties LLC 16489 Petro Drive 840 N Ironwood Dr. 14440 Worthington Dr Mishawaka, IN. 46544 South Bend, IN. 46615 Granger, IN. 46530 Tax Key # 018 5031 110401 Tax Key # 018 5031 1104 Tax Key # 018 5032 115601 James Moore Owens Heating Company Northeast Neighborhood 749 South Bend Ave 1115 Fremont Revitalization South Bend, IN. 46617 South Bend, IN. 46628 803 LincolnWay West Tax Key # 018 5032 1155 Tax Key # 018 5032 1154 South Bend, IN. 46616 Tax KPV # n1.r, .rinR7 11.r,R Northeast Neighborhood Revitalization 803 LincolnWay West South Bend, IN.46616 Tax ttav # n1R sn~~ 11.r,~ ~1~3~~ ~iti ~~t't'w: S ~~iT€C8 JUN - 6 2007 JI4t"? :`Cr~R7E G!7!~ (:L~~K, ~~, G~tdJ, !N Area Plan Commission of St. Joseph County John W. Byorni Executive Director 1140 County-City Building South Bend, Indiana 46601 Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 August 22, 2007 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IlV 46601 RE: A proposed ordinance and site development plan of Robert E. Dunbar, Jr. to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend, as tabled - APC# 2443-07 Dear Council Members: I hereby Certify that the above referenced ordinance of Robert E. Dunbar, Jr. was legally advertised on Thursday, July 5, 2007 and that the Area Plan Commission at its public hearing on Tuesday, August 21, 2007 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance and site development plan of Robert E. Dunbar, Jr. to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend, as tabled is sent to the Common Council with a favorable recommendation. This site is located in an area with a mixture of uses. To the north and on either side of Notre Dame Avenue, are a number of large single family homes along with a church and two commercial uses located at the corner of State Road 23. Across Notre Dame Avenue is a proposed townhouse development. To the south, one block away, is the beginning of the St. Joseph Regional Medical Center campus. Awell-designed single-family project, albeit of a higher density, would provide a good, stable, infill land use component to this part of the neighborhood. The changes made since previous submittal help to make this project more compatible with the surrounding area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision aze shown in the minutes of the public hearing, and will be forwazded to you at a later date to be made a part of this report. Sincerely, ~'~ ~. ohn W. Byorn' JWB:sr Attachment CC: Robert E. Dunbar, Jr. Michelle & Michael Alfrey ' Danch, Harner & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2443-07 Owner: Robert E. Dunbar, Jr. Location: On the northwest corner of Notre Dame Avenue and Sorin Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to PUD Planned Unit Development District to allow a residential multi-tenant facility. Land Uses and Zoning: On site: On site are two single family houses zoned SF2 Single Family and Two Family District. North: To the north are single family houses zoned SF2 Single Family and Two Family District. East: To the east across Notre Dame Avenue is vacant property that will be developed for eight townhouses zoned MU Mixed Use District and three single family houses one of which is rented for student housing zoned SF2 Single Family and Two Family District. South: To the south across Sorin Street are single family houses zoned SF2 Single Family and Two Family District. West: To the west across the alley are single family houses zoned SF2 Single Family and Two Family District. District uses and development standards: The "PUD" District is intended to encourage creativity and innovations in the design of developments, provide for more efficient use of land, and to provide for an individual land use not otherwise specified elsewhere in the Ordinance. Site plan description: The revised preliminary plan reduces the number of single-family attached homes from 36 to 32 units over 1.68 acres, for a density of 19 units per acre as compared to 21.4. The maximum height is reduced from 48 to 42 feet. The buildings have been generally reoriented to face toward Sorin Street and Notre Dame Avenue. The three original buildings have been split into seven buildings separated by driveways and greenspace. The brick wall along Sorin Street has been removed. Lastly, the number of parking spaces have been reduced from 82 to 65, providing two spaces per unit. Zoning and land use history & trends: To the east across Notre Dame Avenue is vacant property that will be developed for eight townhouses and was zoned MU Mixed Use District with the effective date of the current zoning map on May 7, 2004. The balance of the area was previously zoned B Residential, B Height and Area Multi-family District. Traffic and transportation considerations: Notre Dame Avenue has two lanes with parking on both sides. Sorin Street has two lane with parking on the south side. There is an alley adjacent to the west property line. This alley will be used for access to some of the units. Utilities: Municipal water and sewer are available to the site. Robert E. Dunbar, Jr. #2443-07 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Land Use Policy 2.1: Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. The rezoning is consistent with the City Plan land use policy. Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use Map recommends this area for medium density residential, which is between 6-12 units per acre. The rezoning exceeds the density recommended by the Future Land Use Map. 2. Current conditions and character: On site are two single family houses. There are single family residential use to the south and west. To the east, there are three single family houses and eight town houses proposed for construction. To the north on Notre Dame Avenue there are three single family houses. 3. Most desirable use: The most desirable land use for this property is either single family attached townhouses or detached single family houses. 4. Conservation of property values: The surrounding property values may be conserved or increased with the PUD Planned Unit Development rezoning. 5. Responsible development and growth: It is responsible growth to encourage infill development where infrastructure and services exist. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This site is located in an area with a mixture of uses. To the north and on either side of Notre Dame Avenue, are a number of large single family homes along with a church and two commercial uses located at the corner of State Road 23. Across Notre Dame Avenue is a proposed townhouse development. To the south, one block away, is the beginning of the St. Joseph Regional Medical Center campus. Awell-designed single-family project, albeit of a higher density, would provide a good, stable, infill land use component to this part of the neighborhood. The changes made since previous submittal help to make this project more compatible with the surrounding area. Robert E. Dunbar, Jr. #2443-07 Page 2 of 3 s y y ___ ___-_._ RY""~ j U _- €F2 ~ ~ ~ ~ t~ ~ Campeau KaloraFn~ - L ~~ ~~ ~ ~_ "'" ~ / t~ Y / ~ - y r J _______.. ~ I -- L _._~ ~ }i _ - ` %~t~ ~~ i '~. __ _ ~ ~ ~~, ~~ ~.F2 --- ~ y ~ _- ~ Almond ~" ~ '" -' ~ ~~ ~, `t - - , t Ou7 % ~ ~ r~pr '~ a~~= a , ; '~ m ~~ x r y ~ ~ ~-,-f ~` Vi / G f~ ~ ~~ ~ ~ ~~``~ ~ I '`~~; ; ~~_~ Sarin _~ ' y. 7 ~. ;k< ~ i m m i tiliner d ~ to ~ ? O S ~. { ~~ ~,.. ;. . m I ~^ L Miner o Z __ ; sn u 0 .~ ~ 2 C ~a L m L ' ~ I Rezoning from: "SF2" SINGLE FAMILY & TWa FAMILY to "PUD" PLANNED UNIT DEVELOPMENT Zoning Key SOUTH 1 END SF2' SINGLE FRgILY STYUO Flo HILY sD UTN IEND'LIF1'URIAN CORRIDOR l1ULTEAAIIY 90 UTH IEMD'1JU' LIIXEO USE _~_~~~ 90 UTH IEND O.OFFN:E 90 UTM IEND 71' IOCAL IUSIM CSS SO UTM IERD CI' GENERAL IVSMESS N w e s 1 inch equals 2~~ feet APC # 2443-Q7 Robert E. Dunbar, Jr. #2443-07 Page 3 of 3 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 July 3, 2007 Honorable Common Council Of The City of South Bend 4~' Floor, County-City Building South Bend, Indiana 46601 RE: Bill #38-07 A bill of the Common Council of the city of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced rezoning petition: Ordinance 1. Under statement of purpose and intent "SF 1" to "SF2" 2. Under statement of purpose and intent change "tentant' to tenant" • The petitioner has changed this terminology in the ordinance. 3. The legal description has changed to include an additional parcel. Petition 1. Under item 4. Change "SF1" to "SF2" 2. Under item 5. Change "tentant" to "tenant" The petitioner has changed this terminology in the petition. A copy of the development standazds is attached. If you have any further questions, please call me at 574-235-9571. Sincerely, ~~~~ Mazk Lyons Zoning Planner File !~ Cl~!`~'~ ®l~lc® JUL - 3 2007 J~1(u ,'C10FiDE ~- Cit:;ZK, ~v. p~ND, IN. ~i~iY _ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~~ Uanch, F/arner & ~I ssociates, Inc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4~h Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Michelle & Michael Alfery, Robert E. Dunbar for their property located at the Northwest corner of Notre Dame Avenue & Sorin Street, South Bend, Indiana 46617: Dear Council Members: Land Surveyors .Professional Engineers Landscape Architects .Land Planners June 6, 2007 Our clients are requesting the approval of a Rezoning Petition for their properties located at the Northwest corner of Notre Dame Avenue &Sorin Street, South Bend, Indiana 46617. This requested Rezoning will allow for the construction of a Multi-tentant facility. Our clients believe that this type of development would fit well along this portion of Notre Dame Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Ranch President Ranch, Harner & Associates File No. 070184 "C" Md. Filed In Clerk's Office JUN - 6 2001 JOHN VOOADE CITY CLERK, S0. BEND, ilw 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 208 West Mars Berrien Springs, MI 49103 office 2691471-3010 ^ Fax 269/471-7237 s~~~ ~ (3<0l ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF NOIRE DAME AVENUE & SORIN STREET., SOUTH BEND, INDIANA 46615, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF NOIRE DAME AVENUE & SORIN STREET., AND IS PRESENTLY ZONED "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "PUD PLANNED UNIT DEVELOPMENT DISTRICT TO ALLOW FOR THE CONSTRUCTION OF A MULTI-TENTANT FACILITY. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF LOT 34 IN THE RECORDED PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, RECORDED IN BOOK #1, PAGE 35 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS OFFICE; THENCE NORTH ALONG THE WEST LINE OF SAID LOT #34 A DISTANCE OF 257.00 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 145.00 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 40,50 FEET; THENCE EAST A DISTANCE OD 138.78 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF NOIRE DAME AVENUE; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 195.81 FEET MORE OR LESS TO THE NORTHERLY RIGHT-OF-WAY LINE OF SORIN STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR THE NEXT TWO COURSES, SOUTHWESTERLY 71.78 FEET MORE OR LESS AND WEST 222.97 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.55 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "PUD" PLANNED UNIT DEVELOPMENT DISTRICT. 02 SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. 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 AT O'CLOCK .M. ~_~~ ~~ 1st READING PUBLIC HEARING 3 ~d READWG NOT APPROVED b-l~ ~ REFERRED /~'P' PASSED DAY OF 2 MAYOR, CITY OF SOUTH BEND, INDIANA Fitsd 1r+ Ct~~k's Q#~i~e uu~ - s 200 JOft*1 ~`Ls4'tDE CITY CLF~Rt:, c4.6~PlL), tli ____ DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: NORTHWEST CORNER OF NOTRE DAME AVENUE & SORIN STREET. SOUTH BEND, INDIANA 46617 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: ROBERT E. DUNBAR JR. 50700 MARIE COURT SOUTH BEND, INDIANA 46637 PHONE NUMBER (574) 243-1322. MICHELLE & MICHAEL ALFREY 25859 BRICK ROAD SOUTH BEND, INDIANA 46628 PHONE NUMBER (574) 315-6291 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT TO: "PUD PLANNED UNIT DEVELOPMENT DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). MULTI-TENTANT FACILITY. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 ~" x 11" FORMAT. SIGNED, 1 m ~1~~ `~"" MICHELLE ALFREY - PE SIGNED, :~~~~' MICHAEL AL$I2EY - PETITIONERS SIGNED, ~' R BERT E. DUNBAR PETITIONED PREPARED BY: DANCH, HARNER & ASSOCIATES 1642 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574)-234-4003 PETITIONERS CONTACT PERSON (IF DIFFERENT): Filk~ 1+~ ~~~~~'~ Qf~~ve Jl1N - 6 2001 ~nf5'~ ~r~'r~.11 :~C~ LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF LOT 34 IN THE RECORDED PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL, RECORDED IN BOOK #l, PAGE 35 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDERS OFFICE; THENCE NORTH ALONG THE WEST LINE OF SAID LOT #34 A DISTANCE OF 257.00 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 145.00 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 40,50 FEET; THENCE EAST A DISTANCE OD 138.78 FEET MORE OR LESS TO THE WESTERLY RIGHT-OF-WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 195.81 FEET MORE OR LESS TO THE NORTHERLY RIGHT-OF-WAY LINE OF SORIN STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR THE NEXT TWO COURSES, SOUTHWESTERLY 71.78 FEET MORE OR LESS AND WEST 222.97 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.55 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~'~'"~q ~ ~~~~~e ~'~~~~ tie SUN - 6 2001 1 C~.,~ fd'OF''", cc}. E ~4~D, t t Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 July 18, 2007 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Robert E. Dunbar, Jr. to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend - APC# 2443-07 Dear Council Members: I hereby Certify that the above referenced ordinance of Robert E. Dunbar, Jr. was legally advertised on Thursday, July 5, 2007 and that the Area Plan Commission at its public hearing on Tuesday, July 17, 2007 took the following action: Upon a motion by John McNamara, being seconded by Gary Gilot and unanimously carried, the proposed ordinance and site development plan of Robert E. Dunbar, Jr. to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend is tabled until the August 21, 2007 Area Plan Commission Public Hearing. 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, ~-~~ /r~ titt,t_ ohn W. Byo ' JWB:sr Attachment CC: Robert E. Dunbar, Jr. Michelle & Michael Alfrey Danch, Harner & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2443-07 Owner: Robert E. Dunbar, Jr. Location: On the northwest corner of Notre Dame Avenue and Sorin Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to PUD Planned Unit Development District to allow a residential multi-tenant facility. Land Uses and Zoning: On site: On site are two single family houses zoned SF2 Single Family and Two Family District. North: To the north are single family houses zoned SF2 Single Family and Two Family District. East: To the east across Notre Dame Avenue is vacant property that will be developed for eight townhouses zoned MU Mixed Use District and three single family houses one of which is rented for student housing zoned SF2 Single Family and Two Family District. South: To the south across Sorin Street are single family houses zoned SF2 Single Family and Two Family District. West: To the west across the alley are single family houses zoned SF2 Single Family and Two Family District. District uses and development standards: The "PUD" District is intended to encourage creativity and innovations in the design of developments, provide for more efficient use of land, and to provide for an individual land use not otherwise specified elsewhere in the Ordinance. Site plan description: The preliminary plan states a maximum 36 single-family attached homes over 1.68 acres for a density of 21 units per acre. The maximum building height will be three stories or 48 feet. Three separate buildings cover 35% of site forming a center courtyard. Eighty two parking spaces are provided with two spaces in garages and driveways, and ten parallel spaces along the north property line. Parking and private driveways cover 23% of the site. Open space and landscaping cover 42% of the site. The townhouses will be accessed from Sorin Street, Notre Dame Avenue, an existing alley, which will require improvements at the developers' expense. The site will be buffered with a brick wall along Sorin Street, evergreen perimeter trees along the northern line, and deciduous perimeter trees along the eastern line. Front foundation landscaping will also be provided. All surface drainage created by this project will be retained on-site since no storm sewers are available. A trash enclosure is located in the northwest corner. Signage will be limited to two monument or wall signs 32 square feet in size, five feet in height with external lighting. Each dwelling unit shall be placed on legal lots of record through the subdivision process and/or developed under State condominium codes. A home owner's architectural review board will be created to ensure an aesthetically pleasing development. Prior to Secondary plan approval, a traffic impact analysis will need to be performed. The project is anticipated in three phases with the northern building being constructed first then the southern building within eight months depending on favorable market conditions. Robert E. Dunbar, Jr. #2443-07 Page 1 of 4 Zoning and land use history & trends: To the east across Notre Dame Avenue is vacant property that will be developed for eight townhouses and was zoned MU Mixed Use District with the effective date of the current zoning map on May 7, 2004. The balance of the area was previously zoned B Residential, B Height and Area Multi-family District. Traffic and transportation considerations: Notre Dame Avenue has two lanes with parking on both sides. Sorin Street has two lane with parking on the south side. There is an alley adjacent to the west property line. Utilities: Municipal water and sewer-are available to the site. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan• ,City of South Bend -City Plan, November 2006 Land Use Policy 2.1: Encourage developers neighborhood development models to promot developments. to use planned unit and traditional e land use compatibility in future The rezoning is consistent with the City Plan land use policy. Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use Map recommends this area for medium density residential, which is between 6-12 units per acre. The rezoning exceeds the density recommended by the Future Land Use Map. 2. Current conditions and character: On site are two single family houses. There are single family residential use to the south and west. To the east, there are three single family houses and eight town houses proposed for construction. To the north on Notre Dame Avenue there are three single family houses. 3. Most desirable use: The most desirable land use for this property is either single family attached townhouses or single family houses. 4. Conservation of property values: The surrounding property values may be conserved or increased with the PUD Planned Unit Development rezoning. 5. Responsible development and growth: It is responsible growth to encourage infill development where infrastructure and services exist. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Robert E. Dunbar, Jr. #2443-07 Page 2 of 4 Analysis: This 1.68 acre site is located in an area of mixed uses. To the north is a church and two commercial uses. Across Notre Dame Avenue is a proposed townhouse development. And to the south, one block away is the St. Joseph Regional Medical Center site. Some of the single family homes in the immediate vicinity are being advertised as rental units. Awell-designed single- family project, albeit of a higher density, would provide a good, stable land use component to this part of the neighborhood. Robert E. Dunbar, Jr. #2443-07 Page 3 of 4 .. _ _ - halorama - --~ _~ try u L - ~ I ,_ ~ - ~` ~ ~~ _~ _f~_ 'I L ., I ~ _ S ~~~ ~ r ~+ ~ yolsr4 1 ,~I L . ;p _ ~. ~~'~ ,<' ~, ~ '~~ f ~ ',. ~' F< Pr1U ~ ----- ~ ~ ~ -F. ~~~ ~~ ~ 1# Almond _~ ~~, - ~' .~'f .:'^i1,,'c ~jt._- - rat t ~.~ L 1 /f, ~ ~ MU ~ O <'' a ~_ ~F~ ~, ~ n~~r~, - ~ m ti:F ',, ~ Miner Sorin ~~ d a ~ ~ R•' cP' MFG, to i } . ~ O M11iner o Z ~ v v ~ c ? u -- c ~a L LL H 07 _ U C L `j' Campeau ,~ ; 4 ~ I Rezoning from: "SFZ" SINGLE FAMILY & TWO FAMILY to "PUD" PLANNED UNIT DEVELOPMENT Zoning Key SO UTN 0 EN D 5 F^.' SING lE FAIA ILY & TNO FA 111LV ---. SO UTH AEND'NF1'UREAN CORRIDORLIUITIFANILV SD UTH 4 EH D 'OU' IA IXED USE SOUTH FEND V'OFFICE 90 UTN ! EH D 70' LO CAL d USI N SS SO UTH IEMO CB'GENERAL BUSIN ESS N W E fi 1 inch equals 2~0 feet APC # 2443-d7 Robert E. Dunbar, Jr. #2443-07 Page 4 of 4 Northeast Neighborhood Council, Inc. 803 N. Notre Dame Avenue South Bend, IN 46617 574-235-9675 Board of Directors Linda Jirreh President Solomon Anderson Anne Costello Edward Cour Irene Cour Wayne Cuny Beverly Dixon Jean Hanrahan Jim Kapsa Dorothy Kryder Jean McManus Tim Matovina Chuck Nelson Jim Paladino Bill Purcell Ann Puzzello Linda Reeves Kevin Rooney Erin Shell Don Sniegowski Bill Stenz Marguerite Taylor Monica Tomshak Craig Tiller Luella Webster Molly Whelan Rev. Martel Winburn Felipe Witchger Liz Maradik S.B. City Rem Phil Byrd SBHF Ren. July 13, 2007 Mr. Karl King, Chairman Area Plan Commission 227 W. Jefferson Blvd., # 1140 South Bend, iN 46601 Deaz Mr. King: This letter is written on behalf of the Northeast Neighborhood Council, Inc., (NENC) concerning the development of condomini- ums which aze to be located on the corner of Sorin Street and Notre Dame Avenue in South Bend, Indiana. On Monday, July 9th Mr. Sassano gave a brief overview to our board of directors highlighting some of the key elements of the development. There were many questions and concerns regarding this project. Our board held a special meeting on Thursday, July 12th and voted not to support this PUD based on the information we had received regazding this development. Since then we have been invited to attend a joint meeting with the NNRO so that more details can be shazed and concerns can be ad- dressed. That meeting has been scheduled for August 6, 2007 and we will decide sometime after that if further action is needed. Thank you, , ~~ L~~ Linda J' h President cc: Area Plan Commissioners David Sassano -4Pc_ ~-o ~ 71n/off ~~