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HomeMy WebLinkAbout12-19 Rezoning- Northeast Corner of Corby Boulevard and Eddy Street LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Dtrect, AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COLIN! 3-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6,2019 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building MAY 0 6 20;1 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: Northeast Corner of Corby Boulevard and Eddy Street APC# 2899-19 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 May 13th, 2019 Council meeting, and set it for public hearing at your June 24th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the June 18th, 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: The property is requesting to be rezoned to allow for a four-story mixed use building, with offices on the first three floors, and two residential units on the fourth floor. If you have any questions,please feel free to contact our office. Si erely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W STJOSEPHCOUNTYINDIANA.C O M/A R E A PL A N Filed in Clerk's Office MAY 0 6 L2o119 BILL NO. 12-19 KAREEMAH FOWLER ORDINANCE NO. CIN CLERK.SOUTH BEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CORBY BOULEVARD AND SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from MU Mixed Use District and SF2 Single Family& Two Family District to MU Mixed Use District.. 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 PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN ME. LISTENBURGER'S FIRST ADDITION TO SOUTH BEND, AND A PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REP LAT OF LOT'S 1-3 &4 LISTENBURGER'S 1ST ADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57" EAST ALONG THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT PUBLIC ALLEY 308.60 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF CORBY STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE (3) COURSES,NORTH 55°44'39" WEST 60.95 FEET; THENCE NORTH 55°27'29" WEST 140.56 FEET; THENCE NORTH 13°13'55" WEST 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE (STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR(4) COURSES, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET, WITH A RADIUS OF 1400. 00 FEET, WITH A CHORD BEARING OF NORTH 41°11 '39" EAST, WITH A CHORD LENGTH OF 175.83 FEET, AND NORTH 00°38'28" WEST 16.94 FEET, AND NORTH 46°08'54" EAST 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF 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: Vacant Property at the Northeast corner Corby Boulevard and South Bend Avenue, South Bend, IN 46617 2) The property Tax Key Number(s) is/are: 018-5094-3319; 018-5094-3326; 018-5094-3327; 018-5094-3328 3) Legal Descriptions: A PARCEL LOCATED IN THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA BEING A PART OF LOTS 1-4 OF THE RECORDED PLAT OF PORTAGE LAND CO'S SUBDIVISION OF LOT NO. 5 IN M.E. LISTENBURGER'S FIRST ADDITION TO SOUTH BEND, ANDA PART OF LOTS 10-13 OF THE RECORDED PLAT OF BERGAN'S REPLAT OF LOT'S 1-3 & 4 LISTENBURGER'S 1ST ADDITION, AND BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF LOT 3 OF SAID PORTAGE LAND CO. SUBDIVISION; THENCE SOUTH 00°38'57"EAST ALONG THE WEST RIGHT-OF-WAY LINE OF A 14 FOOT PUBLIC ALLEY, 308.60 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF CORBY STREET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF CORBY STREET FOR THE NEXT THREE(3) COURSES, NORTH 55°44'39" WEST, 60.95 FEET; THENCE NORTH 55°2729"WEST, 140.56 FEET; THENCE NORTH 13°13'55" WEST, 10.97 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE(STATE ROAD 23); THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF SOUTH BEND AVENUE FOR THE NEXT FOUR (4) COURSES, WITH A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 175.95 FEET WITHA RADIUS OF 1400.00 FEET, WITHA CHORD BEARING OF NORTH 41°11'39"EAST, WITHA CHORD LENGTH OF 175.83 FEET, AND NORTH 00°3828" WEST, 16.94 FEET;AND NORTH 46°08'54"EAST, 49.78 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HOWARD STREET; THENCE NORTH 89°2126"EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 13.67 FEET TO THE POINT OF BEGINNING. CONTAINING 0.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS'EASEMENTS, AND RESTRICTIONS OF RECORD. 4) Total Site Area: 0.64+/-Acres 5) Name and address of property owner(s)of the petition site: Five Corners LLC 814 Marietta Street 1-7-- South Bend, IN 46601 Filed in Clerk's Office Phone number with Area Code: 574-233-1296 1 E-Mail Address-N/A MAY 06 2019 Name and address of additional property owners, if applicable:N/A KAREEMAI 1 FOWLER CITY CLERK.SOUTH BEND. IN 6) Name and address of contingent purchaser(s), if applicable: -FILED- OC 2019 Name and address of additional property owners, if applicable: AREA PLAN v A •lication#_ , S ION 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District MU Mixed Use District - ' v To: MU Mixed Use District n,r 03 2019 8) This rezoning is requested to allow the following use(s): Professional Office Building&R: icklA1 J • OMMV SION A )lication#. : 7" t IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) 1). From maximum building height of 40 feet and three (3)stories to 63 feet and four (4)stories. 2). From the required perimeter landscaping to proposed landscaping shown along public streets and public alley. 3). From the NNZO District maxinnumn building height of 60 feet to 63 feet. 4). From the NNZO District to allow parking 5 feet from the adjacent public streets. 5). From the NNZO District 15 ft. setback of parking from building to a minimum of 9 feet. 6). From the NNZO District maximum 5 ft. building setback to 12 feet if required for utility placement. 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, morals, and general welfare of the community because the proposed development is being done to be consistent with other mixed use developments in the Eddy Street Commons corridor area. The proposed building project 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 revitialization corridor where new mixed use developments have been approved. The existing property adjacent to the project site is vacant. It is hoped that the proposed mixed use development will spur additional growth both mixed use and residential in the neighborhood and along South Bend Avenue. (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 site is unique in that it is bordered by public streets on the west and south and an existing public alley to the east. The project site was affected by the re-alignment of Corby Boulevard with Howard Street. The owners worked with the Department of Community Investment for site layout for the building and parking placement. The owners do not believe that asking for relief of the building height, building location, and parking location would adversely affect any adjacent property. There are other buildings to the north of the project site with the higher building heights than the maximum allowed 40 feet. The parking placement will be screened along both public streets and screening will be provided along the east property line to create a buffer from the residential zoning to the east. The perimeter landscaping will consist of deciduous overstory and ornamental trees to compliment the building and work with the proposed parking bays and required driveways. The request for parking setback from the building will allow for efficient parking layout without affecting any adjacent property. The request for the building setback is to allow for flexibility in case the City requires a larger setback from existing utility infrastructure in the public rights-of-way. (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 hog'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, 1Harner Associates 1643 Commerce Drive South Bend. Li\'46628 574-234-4003 andanch danchharner.conn 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): OaAVA-› 00 2019 AREA PLAN COW iiSSION A..lication#_ LUanch, 1-larner Associates, lnc. Land Surveyors ■ Professional Engineers Landscape Architects • Land Planners Office: (574)234-4003 / (800)594-4003 E. Fax: (574)234-4009 1643 Commerce Drive • South Bend, IN 46628 Honorable Members of the City of May 3,2019 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for the Northeast corner of South Bend Avenue&Corby Boulevard, South Bend, Indiana; Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the property located at Northeast corner of South Bend Avenue and Corby Boulevard, South Bend, Indiana. This requested Rezoning would allow for the approval of a proposed new Four(4) Story Mixed Use Building which will contain professional office space and on the top floor residential units. This property is located at the Southern edge to the Eddy Street Commons development area. Our clients believe the proposed project 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, arid � Filed in Clerk's Office Michael J. Danch President Danch, Hamer& Associates, Inc. MAY 0 6 2019 I KAREENMAH FOWLER CITY CLERK,SOUTH BEND If'!j File No. 190105 "C"Md OG 2019 AREA PLAN iSlION Application 7 I E- c' c,, i ? H ,.. ...13% Ci 03 ( 14: CJ \--:C3a) W. •moii� 4 Wd Pwl•sl�i!3 Y sP l Ma Q (So pslaw ad'' uoL f't_ D swaw6u3 Icuo_usalwd s.o.(onmg PwlG c� O yU1`:414711''1000V40.181611fy'1P71116G �""1 �y"I w 3 m ¢ r__ = Ci a a 4 U 0O z '' V O w N Q 7. -, z N w o p p [C G O co w ¢2¢ - W = m f J N N J 4 N o Y 00 '1.7 NN J C;-', p O m O Q / o w m p [e m m m 2 r- m a"' 4 0 N 4 W a O w 0 N z �z tWr x O r ? Z W N W o. 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