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HomeMy WebLinkAbout10108-11 Rezone - 1007 North Bendix and Part of 1025 North Bendix DriveORDINANCE No. ,o,n-„ Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: August 8, 20 11 Presented by me to the Mayor of the City of South Bend, Indiana August 9, 20 11 Approved and signed by me August 9 20 11 City Clerk President of Common Council City Clerk Mar ORDINANCE NO. [0 ( (J' `� AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH BENDIX DRIVE AND PART OF 1025 NORTH BENDIX DRIVE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The subject properties (1007 & Part of 1025 North Bendix Drive) are currently zoned "CB" Community Business District and proposed to be rezoned to "MF2" High - Density Multifamily District for the development of multifamily dwellings (Senior Independent Living Facility). NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF ST. JOSEPH COUNTY PUBLIC LIBRARY LASALLE BRANCH MINOR SUBDIVISION, RECORDED IN INSTRUMENT NUMBER 0739367 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 65 °07'27" EAST ALONG THE SOUTHERLY RIGHT -OF -WAY OF ARDMORE TRAIL, 308.53 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 IN SAID RECORDERS OFFICE; THENCE SOUTH 00 °00'00" EAST ALONG THE WEST LINE OF SAID PARCEL, 114.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 °00'00" EAST ALONG THE SOUTH LINE OF SAID PARCEL, 10.00 FEET; THENCE SOUTH 00 °00'00" EAST, 114.77 FEET; THENCE NORTH 90 °00'00" EAST, 206.00 FEET TO THE WESTERLY RIGHT -OF- WAY OF BENDIX DRIVE; THENCE SOUTH 00 °00'00" EAST ALONG SAID RIGHT -OF -WAY, 173.94 FEET; THENCE NORTH 89'59'19" WEST, 108.03 FEET; THENCE SOUTH 77'15'41" WEST, 67.00 FEET; THENCE NORTH 89'59'19" WEST, 42.62 FEET; THENCE NORTH 00 °00'00" EAST, 303.45 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.91 ACRES, MORE OR LESS, AND SUBJECT TO RIGHT -OF -WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as "MF2" High - Density Multifamily 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. Att (City C1 rk Presented by me to the Mayor of the City of South Bend, Indiana on the �� day of _ 2011, at � W o'clock _P.m. City Cl Q�," Approved and signed by me on the day o , 2011, at o'clock .m. 1 st READING b — [ 3 PUBLIC BEARING T y_�1 S rd READING r NOT APPROVED WE1:E<RED PASSED Mayor of he Cityvsouth Bend, Indiana iarRIM Filed ip� M .D914N � I OjTij 1IEND, CI Y Cl.ii TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 36 -11 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1007 NORTH BENDIX DRIVE AND PART OF 1025 NORTH BENDIX DRIVE, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 2 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. This bill was heard by the Zoning and Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole Date Filed Application N Date received by the 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 at: 1007 North Bendix Drive Part of 1025 North Bendix Drive South Bend, IN 46628 South Bend, IN 46628 2) Name and address of property owner(s) of the petition site: 1007 North Bendix Drive Ramadan A. & Tamilyn Salameh 53244 County Kerry Drive Granger, IN 46530 1025 North Bendix Drive City of South Bend 227 West Jefferson Blvd Ste 1200 South Bend, IN 46601 (574) 235 -9371 3) Name and address of contingent purchaser(s), if applicable: Sterling Development, LLC Attn: John VanMeeter, Director of Development 3900 Edison Lakes Parkway, Suite 201 Mishawaka, IN 46545 (574) 247 -3234 4) It is desired and requested that this property be rezoned From "CB" Community Business District To "MF2" High - Density Multifamily District 5) This rezoning is requested to allow the following use(s): Multifamily Dwellings (Senior Independent Living 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; (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 %i" x 11" format. Filed In 'UN JOH { r' '.`a CITY GLEN 9'r 0TN �# .R?r); !�d Signature(s) of all property owners, or Attorney for all property owners: RAMADAN A. & TAMILYN SALAMEH Printed: Tamilyn Salameh Signed:, Title: Owner and Power of Attorney for Ramadan A. Salameh Address: 53244 County Kegy Drive Granger, IN 46530 - Phone Number: 5 "M _ 30 3 - 02-7 0 p CITY OF SOUTH BEND Printed: Dondldl E. Inks Signed: Title: -E Director of City of South Bend Department of Community and Economic Development Address: 227 West Jefferson Blvd., Ste 1200 South Bend, IN 46601 Phone Number: (574) 235 -9371 PETITION PREPARED BY: CONTACT PERSON: (If different) Bradley E. Mosness, PE 750 Lincoln Way East South Bend, IN 46601 (574) 232 -8700 bmosness @abonmarche.com "—'— File In Cix', fig,, JUN s to i Jo V�c CITY CLERIM, -"Xji1°n4 0 P Mv, €'V [. ABONMARCHE Confidence By Design LEGAL DESCRIPTION FOR REZONING - PARCELS B & C HERITAGE PLACE AT LASALLE SQUARE Engineering Architecture Land Surveying Marina /Waterfront Community Planning Landscape Architecture Development Services A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF ST. JOSEPH COUNTY PUBLIC LIBRARY LASALLE BRANCH MINOR SUBDIVISION, RECORDED IN INSTRUMENT NUMBER 0739367 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 65 007'27" EAST ALONG THE SOUTHERLY RIGHT -OF -WAY OF ARDMORE TRAIL, 308.53 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 IN SAID RECORDERS OFFICE; THENCE SOUTH 00 000'00" EAST ALONG THE WEST LINE OF SAID PARCEL, 114.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 °00'00" EAST ALONG THE SOUTH LINE OF SAID PARCEL, 10.00 FEET; THENCE SOUTH 00 000'00" EAST, 114.77 FEET; THENCE NORTH 90 000'00" EAST, 206.00 FEET TO THE WESTERLY RIGHT -OF -WAY OF BENDIX DRIVE; THENCE SOUTH 00 000'00" EAST ALONG SAID RIGHT -OF -WAY, 173.94 FEET; THENCE NORTH 89059'19" WEST, 108.03 FEET; THENCE SOUTH 77 015'41" WEST, 67.00 FEET; THENCE NORTH 89 159'19" WEST, 42.62 FEET; THENCE NORTH 00 000'00" EAST, 303.45 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.91 ACRES, MORE OR LESS, AND SUBJECT TO RIGHT -OF -WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD. F: \Projects \11 - 0173 \Variances \LEGAL DESCRIPTION FOR REZONING.docx 750 Lincoln Way East 341 Airport North Office Park 95 West Main Street South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022 574.232.8700 260.497.8823 269.927.2295 www.abonmarche.com Filed Office JUN -- JOHN yAC� CITY L RK, S ®UTH E FMO, IN 361 First Street Manistee, MI 49660 231.723.1198 503 Quaker Street South Haven, MI 49090 269.637.1293 N7 ABONMARCHE Confidence By Design STATEMENT OF PURPOSE AND INTENT Engineering Architecture Land Surveying Marina /Waterfront Community Planning Landscape Architecture Development Services The subject properties (1007 & Part of 1025 North Bendix Drive) are currently zoned "CB" Community Business District and proposed to be rezoned to "MF2" High- Density Multifamily District for the development of multifamily dwellings (Senior Independent Living Facility). 750 Lincoln Way East 341 Airport North Office Park 95 West Main Street South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022 574.232.8700 260.497.8823 269.927.2295 www.abonmarche.com Filed its C!erVt JUN JOHN ©rig Q�00i4j) .. 361 First Street Manistee, MI 49660 231.723.1 198 503 Quaker Street South Haven, MI 49090 269.637.1293 ME 321 df1oS 3lTdsvi 1S3f1omi ONINOM 5 ld 3OHld 30blI2i3H w Ndld 311S A21t/NIWIl3ad o r' m g I yWU� m \1 i �! 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W 1, C r .06 oO' 00 p �s•j' A • W - -- - • o00 0 a �a a 3 g� I (A110 AS) 133WS Al FJ 03SOd0ad -------- - --- -- y u vl I F m o _ N o k W a Q < o - o" m 0 a 0 a 1 � rv..s cu 11 llawis cl.�l w.�ls a!w�a -ov �.ia •ns oo�ooma ct�ol Iwww:.a v vzaw�+mcuol Ivoad oa�ac iw�a JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR FAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 -9571 July 20, 2011 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Ramadan A. & Tamilyn Salameh and City of South Bend to zone from CB Community Business District to MF2 High- Density Multifamily District, property located at 1007 N. Bendix Drive and part of 1025 N. Bendix Drive, City of South Bend - APC# 2596 -11 Dear Council Members: I hereby Certify that the above referenced ordinance of Ramadan A. & Tamilyn Salameh was legally advertised on Thursday, July 7, 2011 and that the Area Plan Commission at its public hearing on Tuesday, July 19, 2011 took the following action: Upon a motion by John DeLee, being seconded by Barrett Berry and unanimously carried, the proposed ordinance of Ramadan A. & Tamilyn Salameh and the City of South Bend to zone from CB Community Business District to MF2 High- Density Multifamily District, property located at 1007 N. Bendix Drive and part of 1025 N. Bendix Drive, City of South Bend is sent to the Common Council with a favorable recommendation. A substantial community wide effort was put into the planning process and development of City Plan, and more recently the LaSalle Square Area Redevelopment Plan. The proposed rezoning is consistent with the recommendations, goals, and objective of both of these plans. 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, fu- n ohn W. . Byo JWB.jsc Attachment CC: Ramadan A. & Tamilyn Salameh Sterling Development, LLC Abonmarche Consultants SERVING: ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND www. stiosephcountyindiana .com /Areaplan Staff Report APC # 2596 -11 Owner: Ramadan A. & Tamilyn Salameh Location: 1007 N. Bendix Drive and part of 1025 N. Bendix Drive. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from CB Community Business District to MF2 High - Density Multifamily District to allow multifamily dwellings (senior independent living facility). Land Uses and Zoning: On site: On site is a vacant commercial structure most recently occupied as a restaurant, and an adjacent parking area partially used for the Urban Garden Market, a temporary and seasonal farmers market, both zoned CB Community Business District. North: To the north is a vacant parking area used seasonally for the Urban Garden Market, and vacant retail structure all zoned CB Community Business District. East: To the east is a credit union, a vacant bank, and a health services facility all zoned LB Local Business District. South: To the south is LaSalle Square, a multi -tenant retail center, zoned CB Community Business District. West: To the west is vacant land zoned MF2 High- Density Multifamily District and the LaSalle Branch Library zoned CB Community Business District. The vacant land was rezoned in 2008 (APC #2486 -08) for multi - family dwellings (senior independent living facility). District uses and development standards: The MF2 District is established to protect, promote and maintain the development of high density multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of multifamily dwelling projects with on -site amenities. Site plan description: The 2.58 site includes both the 0.91 acres to be rezoned with this petition and an adjacent area to the west which was rezoned to the MF2 Multifamily District in 2008 (APC #2486 -08). The site plan shows a four story 72 unit senior living facility covering 0.56 acres, or 22% of the site. The proposed parking areas, drives and sidewalks cover 0.65 acres, or 22% of the site; and the developed recreational open space covers 0.13 acres, or 5% of the site. The remaining 1.24 acres, or 48 %, is open space. A total of 144 parking spaces are required and 55 spaces are provided. Variances for a reduction in the number of parking spaces, reduced front yard setbacks from the existing and proposed public rights -of -way, a reduced side yard setback, and an increase in the maximum allowable height and number of stories were approved by the Area Board of Zoning Appeals on June 2011. Access to the site will be provided to the west and south via two proposed public streets. All landscaping, lighting, and signage will be in accordance with the zoning ordinance. Zoning and land use history & trends: The area to the southwest of Ardmore Trail and Bendix Drive was undeveloped until the mid 1970s when the LaSalle Square multi -tenant shopping center was constructed. The existing structure within the area to be rezoned was built sometime after the construction of the center but prior to 1986. Rezoning petitions were submitted in 2001 (APC #2089 -01) to add a charitable Ramadan A. & Tamilyn Salameh #2596 -11 Page 1 of 3 gaming facility to the center and in 2002 (APC #2131 -02) to add a day care facility and banquet hall to the center. Both of these petitions were withdrawn. Traffic and transportation considerations: Bendix Avenue is a four lane road and Ardmore Trail is a two lane road. Both have center turn lanes. The nearest traffic counts taken in 2010 along Bendix Drive south of Ardmore Trail and along Ardmore Trail east of Bendix Drive reveal an AADT of 6,343 and 2,531, respectively. Utilities: The site will be served by municipal sanitary sewer and water. Additional information: (Agency comments) The Department of Engineering & Public Construction commented that the existing utilities in the vacated Kentucky Street must be kept in service, resulting in their relocation. The Department of Community and Economic Development commented that the proposed rezoning is consistent with the LaSalle Square Area Redevelopment Plan, would have a positive effect on the area's appearance, and would represent the next step in the revitalization of a wider area. 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: City Plan. City of South Bend. Indiana (November 2006,E Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Policy H 1.4: Encourage the development of a variety of housing types and care choices for seniors and disable persons. LU 2.3: Ensure coordination of land uses among adjacent area - specific plans. This proposed rezoning meets all these objectives and policies. Land Use Plan: The Future Land Use Map within City Plan shows that the area included within this rezoning petition and the adjacent LaSalle Square shopping center as mixed use. Plan Implementation /Other Plans: The LaSalle Square Area Redevelopment Plan (September 2008) The public participation process which occurred prior to the drafting of this plan revealed that of all types of residential land uses, senior housing was the most preferred type of housing. The public also identified sidewalks as the number one infrastructure need for the area. These desires led to the following recommendation within the five year outlook plan. Recommendation #3: Work with a senior housing developer to come into the Square. This development seems ideally suited to be situated in the vacant parcel to the immediate east of LaSalle Library, which will preserve the frontage on Bendix Drive to be used for retail development. Bringing in a new development will quickly add residents, improving the likelihood of new retail development for the area. Another strategic approach goal and objective recommends to increase the interior and exterior connectivity through reintroducing streets, sidewalks and trails within the site. The propose rezoning meets all these stated recommendations, goals and objectives. Ramadan A. & Tamilyn Salameh #2596 -11 Page 2 of 3 gaming facility to the center and in -2002 (APC #2131 -02) to add a day care facility and banquet hall to the center. Both of these petitions were withdrawn. Traffic and transportation considerations: Bendix Avenue is a four lane road and Ardmore Trail is a two lane road. Both have center turn lanes. The nearest traffic counts taken in 2010 along Bendix Drive south of Ardmore Trail and along Ardmore Trail east of Bendix Drive reveal an AADT of 6,343 and 2,531, respectively. Utilities: The site will be served by municipal sanitary sewer and water. Additional information: (Agency comments) The Department of Engineering & Public Construction commented that the existing utilities in the vacated Kentucky Street must be kept in service, resulting in their relocation. The Department of Community and Economic Development commented that the proposed rezoning is consistent with the LaSalle Square Area Redevelopment Plan, would have a positive effect on the area's appearance, and would represent the next step in the revitalization of a wider area. 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: City Plan. Cit� ofSouth Bend. Indiana (November 20062 Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Policy H 1.4: Encourage the development of a variety of housing types and care choices for seniors and disable persons. LU 2.3: Ensure coordination of land uses among adjacent area - specific plans. This proposed rezoning meets all these objectives and policies. Land Use Plan: The Future Land Use Map within City Plan shows that the area included within this rezoning petition and the adjacent LaSalle Square shopping center as mixed use. Plan Implementation /Other Plans: The LaSalle Square Area Redevelopment Plan (September 2008 The public participation process which occurred prior to the drafting of this plan revealed that of all types of residential land uses, senior housing was the most preferred type of housing. The public also identified sidewalks as the number one infrastructure need for the area. These desires led to the following recommendation within the five year outlook plan. Recommendation #3: Work with a senior housing developer to come into the Square. This development seems ideally suited to be situated in the vacant parcel to the immediate east of LaSalle Library, which will preserve the frontage on Bendix Drive to be used for retail development. Bringing in a new development will quickly add residents, improving the likelihood of new retail development for the area. Another strategic approach goal and objective recommends to increase the interior and exterior connectivity through reintroducing streets, sidewalks and trails within the site. The propose rezoning meets all these stated recommendations, goals and objectives. Ramadan A. & Tamilyn Salameh #2596 -11 Page 2 of 3 2. Current conditions and character: Currently, the property included within the petition includes a vacant restaurant and an open parking area to the north. The property to the west of the petition area, which is also included within the site plan, is an undeveloped vacant area. 3. Most desirable use: The most desirable use of this property and the adjacent property to the west is a mixed use of residential and commercial. 4. Conservation of property values: The adjacent property values should be conserved, or could potentially increase, with the development of a senior living facility. 5. Responsible development and growth: It is responsible development and growth to follow previously adopted city-wide and area specific land use plans. The presence of additional residents could act as a catalyst for further commercial investment and development within the LaSalle Square area. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the City of South Bend Common Council with a favorable recommendation. Analysis: A substantial community wide effort was put into the planning process and development of City Plan, and more recently the LaSalle Square Area Redevelopment Plan. The proposed rezoning is consistent with the recommendations, goals, and objective of both of these plans. Ramadan A. & Tamilyn Salameh #2596 -11 Page 3 of 3 Rezoning from: "CB" COMMUNITY BUSINESS DISTRICT to "MF2" HIGH- DENSITY MULTIFAMILY DISTRICT Zoning '- SOUTH BEND "SF1 " SINGLE FAMILYAND TWO FAMILY DISTRICT ® SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT SOUTH BEND "MF2" HIGH - DENSITY MULTIFAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND °LB" LOCAL BUSINESS DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT N V `T' S 1 inch = 200 feet APG # 2599 -11