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Home My WebLink About10028-10 Rezoning - 101 E. North Shore Drive South Bend, INORDINANCE No. ,ao= Passed by the Common Council of the City of South Bend, Indiana August 9, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 10, 20 10 City Clerk ~esident of Common Council City Clerk Approved and signed by me I ~ C u S ~ ~ Z- ZO ~ a 20 10 ~ ;~~Z Mayer ORDINANCE NO. ~ ~~12'~_ ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 E. NORTH SHORE DRIVE, COUNCILMANIC DISTRICT FOUR IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner, First Unitarian Church, South Bend, Indiana, requests rezoning of the real estate at 101 E. North Shore Drive, South Bend, Indiana, from SF-2 to PUD to allow contingent purchaser, East Northshore Properties, LLC to re-use the existing church building on the property, and construct an addition and garages, for four (4) residential condominium units and to preserve existing open space on East North Shore Drive. 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 Numbered One (1), Two (2), and Three (3), and all of Lot Numbered Four (4) excepting therefrom a lot or parcel of land twenty (20) feet in width, North and South, taken off of and from the entire length of the North side thereof, all as shown on the recorded Plat of the First Addition of Navarre Place, in the City of South Bend. be and the same is hereby established as Planned Unit Development (PUD) District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attes ity Cl k Presented by me to the Mayor of the City of South Bend, Indiana on the _[~I^ day of ~_, 2010, at l.0 =~J o'clock ~_.m. City Cl ~ 1(1er~u- Approved and signed by me on the ~ day o~~ , 2010, at l° o'clock Gti .m. l~ ~ ~o Mayor oft e City o outh Bend, Indiana t st READING b-' ~ ~-\'~ II (( ~~ PUBLIC HEARING ~-~-~ O QS S w`~S~'T~°~e~ 3rd READING g-S-l'd CLI Su.~s~~ NOT APPROVED REFERRED ( PASSED ~"-~-CO o.,s Subr~~~'~ ~il~~ In Clet~l~'~ C3ffice JUL - 1 2010 JOHN VOORDE C1'rYCLE~iK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 33-10 A .BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 E. NORTH SHORE DRIVE, COUNCILMANIC DISTRICT FOUR 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 adding the word District after PUD Planned Unit Development. Ann Puzzello Chairperson, Committee of the Whole 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 at: 101 E. North Shore Drive, South Bend, Indiana 46617 2) Name and address of property owner(s) of the petition site: First Unitarian Church, South Bend, Indiana 101 E. North Shore Drive South Bend, Indiana 46617 3) Name and address of contingent purchaser(s), if applicable: East Northshore Properties, LLC 521 W. Colfax Avenue South Bend, Indiana 46601 4) It is desired and requested that this property be rezoned from SF-2 Single Family and Two Family District to PUD Planned Unit Development District 5) This rezoning is requested to allow the following use(s): Renovation of existing church structure and construction of an addition and a garage for four (4) residential condominium units. 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%2" x 11" format. First Unitarian Church, South Bend, Indiana By: Richard Wallace, President PETITION PREPARED BY: Charles S. Leone (8765-71) Leone Halpin, LLP 521 West Colfax Avenue South Bend, Indiana 46601 Phone: (574) 234-8050 E-mail cleone@leonehalpin.com 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 at: 101 E. North Shore Drive, South Bend, Indiana 46617 2) Name and address of property owner(s) of the petition site: First Unitarian Church, South Bend, Indiana 101 E. North Shore Drive South Bend, Indiana 46617 3) Name and address of contingent purchaser(s), if applicable: East Northshore Properties, LLC 521 W. Colfax Avenue South Bend, Indiana.46601 4) It is desired and requested that this property be rezoned from SY=2 to P 5) This rezoning is requested to allow the following use(s): Renovation of existing church structure and construction of an addition and a garage for four (4) residential condominium units. 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 rinted in 8'/2" x 11" format. First Unitarian Church, South Bend, Indi By: - _, ichard Wallace, President PETITION PREPARED BY: Charles S. Leone (8765-71) Leone Halpin, LLP 521 West Colfax Avenue South Bend, Indiana 46601 Phone: (574) 234-8050 E-mail cleone@leonehalpin.com ~:'z~~~' !'~- iI~ Tt 3 Y i i ~i~i JUN - 9 2010 JJH?~ V!~Q"3E CIiY CIERX. SJ. c,~N7, IN. Northeast Neighborhood Revitalization Organization 803 Lincoln Way West ®South Bend, Indiana 46616 ®Phone: 574-289-1066 (E1ct. 209) ®Fax: 574-289-4550 Board of Directors Tim Sexton President s Gregory P. Hakanen Vice President MarguertteA. Taylor Secretary Charles F. Nelson Treasurer Solomon L. Anderson AaronAusdn Lois Berry Irene Cour Jeffrey Gibney Karl G. King Paul Meyer Michael 04Veil Ann Puaeuo Barbara J. Sniegowski Biusre»z s Richard A. Nussbaum, II Legal Counsel to Board .. _.~.. _. '3 Area Plan Commission John Byorni, Executive Director aRl:'°' ~~~ co~l:~rssbo~a 11"' Floor, County City Building South Bend, IN 46601 July 16, 2010 Dear John Byomi and Area Plan Commission, RE: Proposed Ordinance of the First Unitarian Church, 101 E. North Shore Drive, South Bend Indiana, APC#2558-10. I am writing to you as the President of the Northeast Neighborhood Revitalization Organization Board of Directors. We would be pleased to support the above mentioned proposed ordinance if the petitioner would adhere to the family occupancy -the definition of Family being no more than 2 unrelated adults per residential unit. If this condition becomes part of the PUD ordinance, we believe that the adaptive use of the Unitarian Church into 4 condominiums would be an asset to the neighborhood and to the work of the NNRO. This condition is essential to preserve the residential future of the neighbofiood. Thank you for your consideration. Sincerely, Timothy D. Sexton President Northeast Neighborhood Revitalization Organization. Matthew J. Gray SBHFRepresentatrve Legal Description Lots Numbered One (1), Two (2), and Three (3), and all of Lot Numbered Four (4) excepting therefrom a lot or parcel of land twenty (20) feet in width, North and South, taken off of and from the entire length of the North side thereof, all as shown on the recorded Plat of the First Addition of Navarre Place, in the City of South Bend. STATEMENT OF PURPOSE AND INTENT Petitioner, First Unitarian Church, South Bend, Indiana, requests rezoning of the real estate at 101 E. North Shore Drive, South Bend, Indiana, from SF-2 to PUD to allow contingent purchaser, East Northshore Properties, LLC to re-use the existing church building on the property, and construct an addition and garages, for four (4) residential condominium units and to preserve existing open space on East North Shore Drive. PARCELID NAME 1 MAILINGADD MAILINGCIT MAILINGSTA MAILINGZIP JOHNSON J i MICHAEL & WHITMYER FRANK E III JOINT 1114 N 018-5137-4997 TIC W/ ROS Michigan St South Bend IN 46617 SCHOENING ~ RANAY M B & 1105 N Niles 018-5126-4448 DAREL D Ave South Bend IN 46617 SNEAD, ORLANDO 111 018-5137-4959 C 8 LEIGH F Marquette Av South Bend IN 46617 i~ JANOVIC MICHAEL 1016 Leeper 018-5128-4461 WILLIAM MALESA- Ave South Bend IN 46617 WALSHE PETER & 1037 N Niles 018-5126-4449 ANN st south Bend IN 4ss17 / 1022 N 018-5137-5001 PRICE KENT E - Michigan St South Bend IN 46617 331 South 018-5137-4998 SMITH RACHELL . Brook Ave Mishawaka IN 46544 STEWART SHERRI 119 L & FRANCIS ~ Marquette 018-5137-4957 LOWELL A Blvd. South Bend IN 46617 JANOVIC MICHAEL 1016 Leeper 018-5126-4460 WILLIAM MALESA: Ave South Bend IN 46617 i FLAIG DUANE D 8 1020 N 018-5137-5002 ANNE M Michigan South Bend IN 46617 PONZO KATHRYN 118 W 018-5137-4976 M Marquette Av south Bend IN 4ss17 WISEMAN JOHNS 14 & SULLIVAN Marquette 018-5137-4977 DENISE E Blvd South Bend IN 46617 KIRNER SCOTT & KAREN SCHNEIDER 110 018-5137-4978 (H&W) Marquette South Bend IN 46617 1029 N Niles 018-5126-4452 STONE BRIAN A Av South Bend IN 46617 VICTOR BENJAMIN & MENGEL JUDITH 106 018-5137-4979 ANN ~ Marquette Av South Bend IN 46617 1905 Greenwood 018-5137-4980 CHUNG STEVEN J Dr South Bend IN 46614 i WALSHE PETER & 1037 N Niles 018-5126-4450 ANN Ave south Bend IN 4ss17 MICHAEL PAUL J & 102 Wakewa 018-5137-4943 BARBARA K ~ Ave South Bend IN 46617 DALLAVIS CHRISTIAN M 8 JULIE K WERNICK DALLAVIS TENANTS BY THE 1031 Niles 018-5126-4451 ENTIRETIES Ave South Bend IN 46617 / 410 Court of BROWN DANNELL the Royal 018-5137-5000 8 TRACY L Arms South Bend IN 46637 1102 N 018-5137-4999 PRICE KENT E ichigan St South Bend IN 46617 THOMAS JOSEPH 1024 Leeper 018-5126-4459 W & TRACEY H Ave South Bend IN 46617 1834 So SCHUENKE KATE Ashland Unit 018-5137-4958 M 301 Chicago IL sosos 018-5137-4960 MILLIKEN RAY E . Po Box 1542 South Bend IN 46634 WARNER TROY D ~ r9~t ~o ~'°"°, ~ ~"` ~r 018-5137-4961 & ERIN AMBLER SKENDZEL ~ DANIEL E & 124 018-5126-4447 CARRIE M NAPOLEON South Bend IN 46614 KLINE GERALD D 8 MARTHA A REVOC TR W/GERALD D & MARTHA AS TRUSTEES & RES 113 W North 018-5137-4993 LIFE EST ~ Shore Dr South Bend IN 46617 STERKIN- LOSECCO LYNNE 128 North 018-5126-4472 DENISE Shore Dr South Bend IN 46617 BUTTIGIEG PETER 107 W 018-5137-4994 M Northshore Dr South Bend IN 46617 RIEWE 122 E 018-5126-4470 MARGARET B Northshore Dr South Bend IN 46617 MCLACHLAN JASON S & ARCHIE ELIZABETH JT 140 North 018-5126-4475 W/ROS NOT TIC . Shore South Bend IN 46617 HILL DANNY R. & 117 W North 018-5137-4992 THERESA A. HANS Shore Dr South Bend IN 46617 HUBBARD MARK 018-5126-4453 O & FRANCES B . 10 Melville Ct Lenox MA 1240 HILL DANNY R. 8. 117 W North 018-5137-4992 THERESA A. HAN$ Shore Dr South Bend IN 46617 08.apos;HARA 134 North 018-5126-4474 PATRICIA A Shore Dr South Bend fN 46617 NICODEMUS STACY G & DINA PO Box 018-5126-4471 M 0143 south Bend IN 4ss8o BLAZEJEWSKI MATTHEW J & 116 E BUCKLES KASEY Northshore 018-5126-4469 s Dr. south Bend IN 46617 LOYD JAMES A 8~ LENTYCH-LOYD 137 E North 018-5126-4468 JESSICA E Shore Dr South Bend IN 46617 KLINE GERALD D & MARTHA A REVOC TR W/GERALD D & MARTHA AS TRUSTEES & RES 113 W North 018-5137-4993 LIFE EST ore Dr South Bend IN 46617 BUTTIGIEG PETER 107 W 018-5137-4994 M Northshore Dr South Bend IN 46617 . ~ 103 W North 018-5137-4995 KERR KATHRYN M Shore Dr South Bend IN 46617 MCGLINN WILLIAM 121 E North 018-5126-4462 D & LOUISE M Shore Dr South Bend IN 46617 RUGG GEORGE K & STEVENSON 127 E 018-5126-4464 MARSHA Northshore Dr South Bend IN 46617 RUGG GEORGE K & STEVENSON 127 E 018-5126-4466 MARSHA Northshore Dr South Bend IN 46617 RUGG GEORGE K & STEVENSON 127 E 018-5126-4467 MARSHA Northshore Dr South Bend IN 46617 UNITARIAN CHURCH FIRST 101 No Shore 018-5137-5005 CHURCH ~ Dr south Bend IN 46617 ATHENS GEORGE 120 018-5137-4975 G & PEGGY LOU • Marquette Av South Bend IN 46617 BLAZEJEWSKI MATTHEW J ~ 116 E BUCKLES KASEY Northshore 018-5137-5007 s r. south Bend IN 46617 103 W North 018-5137-4995 KERR KATHRYN M Shore Dr South Bend IN 46617 0 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.coMareaplan Fax 574 235-9813 July 21, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 1ZE: A proposed ordinance of First Unitarian Church, South Bend, Indiana to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at 101 E. North Shore Drive, City of South Bend; APC# 2558-10 Dear Council Members: I hereby Certify that the above referenced ordinance of First Unitarian Church, South Bend, Indiana was legally advertised on Thursday, July 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, July 20, 2010 took the following action: Upon a motion by Gary Gilot, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of First Unitarian Church, South Bend, Indiana to zone from SF2 Single Family and Two Family District to PUD Planned Unit Development District, property located at 101 E. North Shore- Drive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to the following Written Commitments: 1. maintaining the existing green space, 2. maintaining the architectural characteristic of the building, 3. defining each each unit as a single family unit and 4. allowing the Staff to approve the underground garage concept. This rezoning will allow the adaptive reuse of a previously institutional building within awell-established residential neighborhood. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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, /VL hn W. Byorni JWB jsc Attachment CC: First Unitarian Church, South Bend, Indiana East Northshore Properties, LLC Charles S. Leone Ft~~"~i ~~ G~^rr~'^ ~z~1C9 I J U L 2 1 2010 Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, .Roseland and St. Joseph County, Indiana Staff Report APC # 2558-10 Owner: First Unitarian Church, South Bend, Indiana Location: 101 E. North Shore Drive 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 renovation and expansion of existing church structure to a four (4) unit residential condominium. Land Uses and Zoning: On site: On site is a church building, pazking azea, garage and green space. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east are single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes zoned SF2 Single Family and Two Family District and the St. Joseph River. West: To the west aze single family homes zoned SF2 Single Family and Two Family District. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. The PUD District is not intended for the development of residential subdivisions or other developments which aze provided for as a matter of right within any district of this Ordinance. Site plan description: The entire site is 0.54 acres. Four condominium units are proposed for a density of 7.4 units per acre. There is an existing building with an addition and garage proposed, for a total of 7,335 squaze feet or 31% of building coverage. The garage will hold 4 cars and additional paving will accommodate another 2 cars for a total of 6 pazking spaces. Paving, including the new drive/parking azea and existing walkways, will cover 12% of the site. The remaining 57% is open space including existing green space with mature trees on the south of the site. The only access proposed is from Leeper Avenue. Zoning and land use history & trends: From 1996 to 2004 this property was zoned A Residential (One Family). The building appears on both 1986 and 1971 aerial photography. Tra~'ic and transportation considerations: Michigan Street (SR 933) has four lanes. North Shore Boulevazd and Leeper Avenue both have two lanes. Additional information: (Agency comments) The Staff suggests that the petitioner contact the Board of Public Works regarding the possibility of two street trees along Leeper Avenue to buffer the new, larger garage. First Unitarian Church, South Bend, Indiana #2558-10 Page 1 of 2 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Citv Plan South Bend Comprehensive Plan, November 2006 Objective LU 2.1 Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. Objective H1: Ensure that an adequate supply of housing is available to meet the needs , preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. 2. Current conditions and character: All properties within a 1,000 foot radius are zoned SF2 Single Family and Two Family District. 3. Most desirable use: The most desirable use is a use which will be compatible with the surrounding residential area. 4. Conservation of property values: Surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible growth and development to allow the conversion of an existing structure into a use that is compatible with a mostly residential neighborhood. Recommendation: Based on information available prior to public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow the adaptive reuse of a previously institutional building within awell- established residential neighborhood. First Unitarian Church, South Bend, Indiana #2558-10 Page 2 of 2 ~~~ ~ ~~cew$ t„y~rquette e c ~o a~ L V c m r u E L a a~ a~ J Rezoning from: °'SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to "PUD" PLANNED UNIT DEVELOPMENT DISTRICT Zoning Key SOUTH BEND "SF2" SINGLE FAMILY AND TUVO FAMILY DISTRICT N .~, W~j .`, E ~~,..' S ~ inch = ~~~ feet Vli~~ l North $hc~ ~~