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HomeMy WebLinkAbout06-19 Rezone: 629, 705, and 713 North Notre Dame Avenue LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 C011\ 11-CITY BUILDI\ SOUTH BEND, INDIANA 46601 (574) 235-9571 February 5, 2019 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building FEB 06 2019 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: 629, 705, and 713 North Notre Dame Avenue APC#2891-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your February 11th, 2019 Council meeting, and set it for public hearing at your March 25th, 2019 Council meeting.The petition is tentatively scheduled for public hearing at the March 19th,2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. The petitioner provided the following narrative to describe the proposed project: Our clients are requesting the approval of a Rezoning Petition for the property located at Southwest corner of Notre Dame Avenue and Almond Court, South Bend, Indiana. This requested Rezoning would allow for the approval of a proposed new single-family residential development. The development will consist of 6 single-family attached homes to be built on individual lots. Our clients believe the proposed single-family development as proposed would be compatible use in the surrounding mixed-use neighborhood. If you have any questions, please feel free to contact our office. Sincerely,j- Shawn Klein Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.STJOSEPHCOUNTYINDIANA.COM/A R E A P L A N Filed in Clerk's Office FEB 06 2019 LUanch, 1-larner ar Associates, 1rii C_ItAREEPJ9AH FOWLER MY CLERK,SOUTH BEND,IN Land Surveyors • Professional Engineers Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of February 1, 2019 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Southwest corner of Notre Dame Avenue &Almond Court, South Bend, Indiana; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the property located at Southwest corner of Notre Dame Avenue and Almond Court, South Bend, Indiana. This requested Rezoning would allow for the approval of a proposed new single-family residential development.The development will consist of 6 single-family attached homes to be built on individual lots. Our clients believe the proposed single-family development as proposed would be a compatible use in the surrounding mixed-use neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Hamer&Associates, Inc. File No. 180136"C"Md Filed in Clerk's Office BILL NO. 06-19 FEB 06 2019 ORDINANCE NO. RAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 629, 705, AND 713 NORTH NOTRE DAME AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT 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: 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: BEING LOT#5, LOT#6, LOT#7 OF THE PLAT OF "W.A. BUGBEE'S 1ST ADDITION" AS RECORDED AS SHOWN IN BOOK#9 ON PAGE 1114311 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; AND A PORTION OF LOT#33 AS SHOWN IN THE PLAT OF "SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL" IN PLAT BOOK#1 ON PAGE "53 " IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT#5, SAID POINT ALSO BEING THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF ALMOND COURT WITH THE WEST RIGHT-OF-WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH 00°01'08" EAST ALONG THE EAST LINE OF SAID "W.A. BUGBEE'S 1ST ADDITION" SUBDIVISION AND THE WEST RIGHT-OF-WAY LINE OF NOTRE DAME AVENUE, 159.11 FEET MORE OR LESS; THENCE NORTH 88°27'51" WEST, 143.44 FEET (REC. 147.28 FEET) MORE OR LESS; THENCE NORTH 00°55'24" EAST, 40.51 FEET MORE OR LESS TO THE SOUTH LINE OF SAID "W.A. BUGBEE'SJST ADDITION" SUBDIVISION; THENCE SOUTH 88°27'55" EAST, 29.19 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT#7 AND THE EAST RIGHT-OF-WAY LINE OF A 12.00 FOOT WIDE PUBLIC ALLEY; THENCE NORTH 01°16'26" EAST ALONG SAID EAST ALLEY RIGHT-OF-WAY LINE, 118.53 FEET MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE OF ALMOND COURT; THENCE SOUTH 88°28'08" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 111.91 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.44 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as MF1 Urban Corridor Multifamily District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of ,2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2019, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 713 N. Notre Dame Ave., 705 N. Notre Dame Ave., 629 N. Notre Dame Ave., & Vacant Property South of 629 N. Notre Dame Ave. South Bend, IN 46617 2) The property Tax Key Number(s) is/are: 018-5031-1121; 018-5031-1122; 018-5031-1123; 018-5031-1125 3) Legal Descriptions: 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: BEING LOT#5, LOT#6, LOT#7 OF THE PLAT OF"WA. BUGBEE'S 1ST ADDITION"AS RECORDED AS SHOWN IN BOOK#9 ON PAGE "143"IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, AND A PORTION OF LOT#33 AS SHOWN IN THE PLAT OF"SORIN'S FIRST ADDITION TO THE TOWN OF LOWELL"IN PLAT BOOK#1 ON PAGE "53"IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT#5, SAID POINT ALSO BEING THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF ALMOND COURT WITH THE WEST RIGHT-OF-WAY LINE OF NOTRE DAME AVENUE; THENCE SOUTH 00°01'08"EAST ALONG THE EAST LINE OF SAID "WA. BUGBEE'S 1ST ADDITION"SUBDIVISION AND THE WEST RIGHT-OF-WAY LINE OF NOTRE DAME AVENUE, 159.11 FEET MORE OR LESS; THENCE NORTH 88°27'51"WEST, 143.44 FEET(REC. 147.28 FEET)MORE OR LESS; THENCE NORTH 00°5524"EAST, 40.51 FEET MORE OR LESS TO THE SOUTH LINE OF SAID "WA. BUGBEE'S 1ST ADDITION"SUBDIVISION; THENCE SOUTH 88°27'55"EAST, 29.19 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT#7 AND THE EAST RIGHT-OF-WAY LINE OFA 12.00 FOOT WIDE PUBLIC ALLEY; THENCE NORTH 01°1626"EAST ALONG SAID EAST ALLEY RIGHT-OF-WAY LINE, 118.53 FEET MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE OF ALMOND COURT; THENCE SOUTH 88°28'08"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 111.91 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.44 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.. 4) Total Site Area: 0.44+/-Acres 5) Name and address of property owner(s) of the petition site: University of Notre Dame Du Lac 724 Grace Hall Notre Dame, IN 46556 Filed in Clerk's Office Phone number with Area Code E-Mail Address FEB 06 2019 Name and address of additional property owners, if applicable: KAREEMAH FOWLER Shamrock Realty, LLC, Attn: Mr. Matthew DeSalvo CITY CLERK,SOUTH BEND,IN 52 Dawn Harbor Lane, Ph.No. 1-917-453-5569 Riverside, CT 06878 6) Name and address of contingent purchaser(s), if applicable: ' u -• Matthew S. DeSalvo 52 Dawn Harbor Lane r:s 0 2018 Riverside, CT, 06878 917-453-5569 AREA PLAN CG'v:; SSION E-Mail Address A•.lication# ,. Name and address of additional property owners, if applicable: r: ©,n 2018 7) It is desired and requested that this property be rezoned: AREA PLAN COM ISSION From: SF2 Single Family Two Family District Additional zoning district, if app li;f�Kl���cdtion# A2S2 To: MFi Urban Corridor Multifamily District 8) This rezoning is requested to allow the following use(s): Six(6) attached signle family residential homes IF VARIANCE(S)ARE BEING REQUESTED (if not, please skip to next section): 1) • 1). Lot frontage:From the required minimum of 40 feet to a minimum project • frontage of 21 feet 2). From required mlinicnum lot square footage of 4,000 sf to a minimum of 2,700 sf 3). Minimum side yard setback: From required 6-feet to 0-feet (interior lot lines) 4). From required 24 feet wide parking area drive aisle to a minimum of 21 feet aisle width S). From required tree plantings along the rear property lines to no landscaping 6). From NNZO District maximum building setback for of 10 feet from the right-of-way of the street on which the parcel's address is platted to a maximum building setback of 11 feet 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: The approval will not be injurious to the public health, safety, miorals, and general of the community because the demolition of the existing buildings, and any proposed site improvements will comply with all State and local codes. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The property to be rezoned lies within an established residential neighborhood with a mix of detached single-family homes and attached residential units. Adjacent to the south of the property to be rezoned is an attached multi family residential development which consist of five (J)separate buildings. Across Notre Dame Avenue to the south of the property to be rezoned is an existing residential development that consists of eight (8) attached residential units. With the presence of these two developments, the proposed six(6) unit single-family attached development and improvements will be compatible with the surrounding neighborhood. • (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The proposed project consist of six(6)attached single-family residential units. The desire is to create a separate lot for each home, which would result in a zero foot(0) interior lot setback between each house and narrow lot widths and small lot square footages. The Ordinance does not include an appropriate zoning classification for the neighborhood that would allow the proposed zero foot (0) building setbacks and the narrower lot widths and lot areas. The only means by which to allow the development, which is consistent with similar developments to the south and east, is through the variance process. , 'IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) The Special Exception Use(s) being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addesses this criteria (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Use petition addesses this criteria * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Danch, Hainer&Associates Anthony M Zappia(Attorney) 1643 Commerce Drive 52582 State Road 933 North South Bend, IN 46628 South Bend, IN 46637 574-234-4003 574-277-8720 mdanch@danchharner.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Sign e(s)of all prope owner(s), or signature of Attorney for all property owner(s): '----72tDylnt Filed in Clerk's Office FEB 06 2019 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN --- - II, .. r:. .4. :::," - r: u. 2018 AREA PLAN CON:;vtiSS •N A.slication#, 9l-I • IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) The Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: Please explain how your Special Exception Use petition addesses this criteria (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Please explain how your Special Exception Use petition addesses this criteria * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Danch, Harner&Associates John Lloyd 1643 Commerce Drive 203 Main Building South Bend, IN 46628 Notre Dame, IN 46556 574-234-4003 574-631-6411 mdanch@danchharner.corn BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s),or signature of Attorney for all property owner(s): Filed in Clerks_ ce FEg 06 2019 KAREEMAH FOW1-ER cITY CLERK SOUTHN�'-IN V �,Iq..�..s • . . t.f. lt- ,a) • , -.() „w.-„s(,49)» N...61 �UMd PUD'1. QV43f'Dd�PUDIblia caUi6U3 IWO!$ Qid•uo,CwrS PUD1 t� \ t.0031,1 .raw",5V3sa N= ......1 < J / f o N 0 F p I : 1 W I J F (U U O I t-r F l : i O 7 _a o I341 2. 7 . o ,m<1-NONWNNO W fN/I?007 1 N Z < < W N < = c _�. Nu) ON¢wQW J•f JCNeOfNN W O ....._ -.. 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