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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
ZONING &ANNEXATION APRIL 8, 2019 4:53 P.M.
Committee Members Present: Oliver Davis, John Voorde, Jo M. Broden
Committee Members Absent: Gavin Ferlic
Other Council Present: Regina Williams-Preston, Karen White, Tim Scott, Sharon
L. McBride
Other Council Absent: Jake Teshka
Others Present: Graham Sparks, Bob Palmer
Presenters: Shawn Klein, Mike Danch, Matt Dasalvo, Greg Hakanen
Agenda: Bill No. 06-19- 629, 705, 713 North Notre Dame Avenue
Rezoning
Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at
4:53 p.m. He introduced members of the Committee and proceeded to give the floor to the
presenters.
Bill No. 06-19- 629, 705, 713 North Notre Dame Avenue Rezoning
Shawn Klein, Planner for the Area Plan Commission with offices located on the 11th floor of the
County-City Building, stated, The petitioners are requesting a zone change from SF-Two (2),
Single-Family and Two (2)-Family District to MF-One (1), Urban Corridor and Multi-Family
District for the area outlined in red (referencing a slide in a presentation which is available in the
City Clerk's Office). To the north of the site, across Almond Court, is Olivet AME Church zoned
SF-Two (2). To the east of the site are Single-Family homes zoned SF-Two (2) as well as Multi-
Family apartments zoned MU, Mixed-Use. To the south are Multi-Family apartments zoned PUD,
Planned Unit Development. That was rezoned to PUD in 2013 to allow for Multi-Family use. And,
to the west are Single-Family homes zoned SF-Two (2). Currently on the site are two (2) Single-
Family homes. The site plan shows the development of six (6) attached Single-Family homes.
Parking would be located in garages to the rear of the homes. The development would need to
meet the development standards of the MF-One(1), Urban Corridor and Multi-Family District, as
well as the Northeast Neighborhood Overlay Zoning District. The petitioners are proposing the
following written commitments.The project area shall be limited to a total of six(6)Single-Family
attached dwelling units. This rezoning comes to the Common Council with a favorable
recommendation, subject to this written commitment. I would be happy to answer any questions
you might have.
INTEGRITY' SERVICE' ACCESSIBILITY
-- JENNIFER M.COFFMAN BIANCA L.TIRAUO JOSEPH R.MOLNAR
CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
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Mike Danch, Danch, Harner & Associates with offices located at 1643 Commerce Drive, stated,
I'm representing the petitioners. What I gave you (available in the City Clerk's Office) is a copy
of the site plan that was heard before the Area Plan Commission. This is right at the southwest
corner of Almond and Notre Dame. What we are trying to do is just Single-Family housing but
what I had to do is go through the rezoning process, so we could do zero (0) lot lines as what you
see before you. So, what we will actually do, assuming this does get approved by Council, is bring
it back through the subdivision process to create six (6) individual Single-Family lots for this.
What I gave Council was also a copy(available in the City Clerk's Office), we did meet with the
neighborhood association and what you are seeing is a copy of what will be recorded with the
written commitments with the neighborhood association. So, we would have one(1) commitment
with the City of South Bend, the Council and the Building Department. The commitment is the
agreement between the owners of the property and the neighborhood associations. These were
reviewed and approved by that neighborhood association. We didn't have anybody show up
against us at the Area Plan Commission. We hope the Council approves this. We did do the PUD
just south of this one(1). This is similar in nature but, again,this is Single-Family development so
there are restrictions that will go with the property as well.
Councilmember Regina Williams-Preston asked, Can I get a high-five (5) on working with the
neighbors? That's what I'm talking about. You are on it.
Committeemember Jo M. Broden stated, I have a couple questions. And, I'm sorry, I'm a little bit
behind, but in terms of some recommendations that Community Investment had with regard to
landscaping and particularly on the southwest corner, at the end of that drive space, including
those. I didn't see them in the commitments.
Mr. Danch replied,That was part of the approval and under the zoning guidelines,we have to meet
that requirement. We will be planting some additional trees on that west side and will work with
the neighbor to the west and see if they might want a screening fence between us. We have a paper
alley that has never been paved. We are going to incorporate that as part of our driveway. That is
why we want to work with that neighbor to the west. We have tried to contact them. If it worked
out, we would put a fence up. The alley will be paved and improved.
Committeemember Broden followed up, Then, with regard to height, I don't see anything on here.
Mr. Danch replied, We received approval for a height variance to a maximum of forty-five (45)
feet to the tip of the roof. That was approved.
Committeemember Broden stated, That was one (1) of the problems I had in this. There was so
much change from the initial petition to the actual staff report. I see the forty-five (45) feet but
what is the hardship created of going to that forty-five (45)?
Mr. Danch replied, The Plan Commission approved that variance for us. It was working with the
architect on the pitch of that roof Because you only have one (1) spot on the building, this is just
a house and that is just the tip of the roof They approved that. The reason for that was the church
next door, the tip of their roof is over fifty-five (55) feet high. The approval we had for the PUD
was also forty-five(45) feet. So, there is consistent height all through that area.
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40 CITY OF SOUTH BEND OFFICE OF THE CLERK
Committeemember Broden stated,Give me the bottom line. Forty-five(45)feet on the roof height,
or forty(40)?
Mr. Danch replied, We were approved for forty-five(45) feet.
Committeemember John Voorde asked, What becomes of the water run-off from the buildings?
Mr. Danch replied, What we actually do on here is we have to meet the City's requirements. What
you are seeing behind the buildings and the driveway area,we are actually using a chamber system.
What that will do is capture the water run-off for the roofs, off the gutter and any pavement. That
is something similar we did with the PUD to the south. We have sandy soils there so what we
ended up doing is submitting a drainage plan to the City's Engineer and they take a look at
everything. We also provide them details on GeoTech and they always like to make sure we have
at least a one(1) foot separation between the bottom of our drainage area and where we put up the
capacity so that there is no impact on nearby properties.
Committeemember Broden then asked, With the side yard setbacks, six (6)to zero (0), that is just
on the interior, right?
Mr. Danch replied, That is through the zero (0) lot lines.
Committeemember Broden followed up, Ok, but on the north lot line and the south lot line, what
would be that?
Mr. Danch replied, Those are six (6).
Committeemember Broden asked, Does this match up with the Lawrence at Corby zoning?
Mr. Danch replied, It is very similar to that one (1), yes, absolutely. Everyone is doing this now,
though. You'll probably see this more often.
Committeemember Broden stated, I was actually going to ask the petitioner to address this style
and buildout in terms of price ranges within the neighborhood.
Mr. Danch replied, That is what we are trying to do. I'm working on a couple different projects
right now, some other ones up on Frances Street,that they try to hit the pitch point. They are trying
to hit $275,000 to $300,000 as coming into the neighborhood, but that almost means I have to do
this type of development to do that. But,there are other developments that push up closer to Notre
Dame, those are up to $500,000 and $600,000. So, there will be larger range markets for these
types of areas.
Committeemember Broden follow up, And no ingress/egress at all is possible to the properties to
the south?
Mr. Danch replied, That is correct. When we had done that there, that was a PUD so there is a
different kind of ownership. We had also put in a screening fence between us and this project.
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Councilmember Karen White stated,This is just a comment,it has nothing to do with your projects
and what is happening. But as we continue to look at development in this area, even with the price
range being $275,000, I think we, as a Council, have to begin looking at ways in which we can
diversify housing options so that the community can reflect South Bend. What would that look
like? I know we did a housing study and from that housing study, there were a number of
recommendations in regard to looking at different types of housing options. I think we need to
bring that back and have a conversation to see what it's going to look like.
Mr. Danch replied, The plus here is that these are going to be Single-Family homes on individual
lots. So, you're buying a house on a lot.
Committeemember Broden stated, All those studies on feasibility of housing, that excluded the
northeast section of the City.
Matt Dasalvo, 52 Dawn Harbor Land, Riverside, CT, stated, I am the petitioner. I presented at
APR as well as the NNRO. Just today, I was able to meet with Pastor Thomas and the Board of
Trustees of the Olivet AME Church. I met with them for about an hour this afternoon to explain
what was going on here. One(1) of the benefits of this is paving this alleyway. It goes behind the
church and they were looking to do that anyway. So,my recommendation was that given the crew
was going to be here to do it, there is no time better than in a couple of months and piggyback off
of us to have the lowest cost point. It was a very positive meeting. I also met with the owner of
824 Almond Court. That was also a very productive meeting. She agreed to us putting up a
screening fence on her property. We've done environmental testing as well.
Committeemember Broden followed up, I can't take you off the hook without getting at your
personal history of this property.
Mr. Dasalvo replied, Well in 1979, I live right there (referencing a slide in the presentation). I've
been in the neighborhood for many years. It was great to meet with Pastor Thomas. She is really
trying to grow the Olivet AME Church. Her team is really good. Olivet is a historic landmark.
From our perspective,we looked at the recent sale of Corby Lawrence,give or take a few thousand,
it was right around $425,000 to $440,000. As you know, that is global buyers. The Tradition,
across from the Linebacker, $950,000. So, you have $440,000 and $950,000. Not being a rocket
scientist, I wanted to split the middle between those two (2).
Greg Hakanen, 415 Main Building, Notre Dame, IN, stated, I'm with the University. I'm really
here in two (2) capacities, though. I'm also a representative and Board Member of the NNRO. So,
my comments really come from both of those organizations. Our collective vision for this
particular block, if you go back ten(10) or twelve(12) years was Single-Family detached housing,
a continuation of which you see farther up Notre Dame Avenue,and the vision was it would extend
all the way to downtown South Bend. Since then,three(3)different apartment projects have risen,
so, this changed the character of the block. This project, we believe, both the University and the
NNRO, fits in very well with the current character of the block. We think it will be a large
improvement to the built landscape on this block. With the restrictions,the most important one(1)
to us, is if the unit is bought by someone who wants their undergraduate student to live there, that
is fine, but no other unrelated undergraduate students can live in a unit. That is important to us to
preserve the residential character of the neighborhood. So, we ask for your favorable
recommendation.
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4110 CITY OF SOUTH BEND OFFICE OF THE CLERK
Committee Chair Davis then opened the floor to members of the public wishing to speak in favor
of or in opposition to the legislation. There were none. He then turned the floor back to the
Committee for further comment or main motion.
Committeemember Voorde made a motion to send Bill No. 06-19 to the full Council with a
favorable recommendation. Committeemember Broden seconded this motion which carried by a
voice vote of three (3) ayes.
With no further business, Committee Chair Davis adjourned the Zoning and Annexation
Committee meeting at 5:15 p.m.
esp ctfully S •milted,
Oliver D. s, Corn -
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