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HomeMy WebLinkAbout9540-04 Rezoning 1442 Deerfield Ct. and 6450 Miami Circle - District 5 ORDINANCE No. 9540-04 Passed by the Common Council of the City of South Bend, Indiana November 8, 20 04 Attest: ~` ~'~-~ ~-~ City Clerk Attest: ~-~-- President of Common Council Presented by me to the Mayor of the Ciry of South Bend, Indiana November 9, 20 04 City Clerk Approved and signed by me November 12 20 04 ~. ,~~~>. c ~u Mayer .~ ORDINANCE NO. S ~1~ ~©~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1442 DEERFIELD COURT AND 6450 MIAMI CIRCLE, COUNCILMANIC DISTRICT #5, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This property is currently zoned OB and MFL This petition is to change the zoning to PUD for a Plan Unit Development. 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: Southfield Subdivision Section Three Lots 61 and 62 be and the same is hereby established as PUD Plan Unit Development 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. Attest: City lerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~_day of ~ ~~, ~n~ , 2 Day , at t ~ '~ 5 c~ o'clock ~,_. m. . •{ -~~~~ City Clerk) ,Approved and signed by me on the //~ day of , 2 ®c~ , at ~ ~ `fs o'clock ,~. m. f~ lt~ Mayor, City of o th end, Indiana 1st READING ~ - ~ ~~ PUBLIC HEARING ~ 1-~ D 3rd READING ~l-Y~a`~ NOT APPROYFD REFERRED ~ $ - ~' ~ 3 "~~ PASSftD ~ `_~ ,p Filed to Ctetk's Office ~~~ ~ ~~~~ JOHN YOORDE CRY CLERK, S0.8END, tN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 62-04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1442 DEERFIELD COURT AND 6450 M1AM1 CIRCLE, COUNCILMANIC DISTRICT #5, 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. Sean Coleman Chairman • f Revised 1/92 Application No.~?~~~ Y Date Filed: 9/8/04 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: Lot 61 on the northeast corner of Miami Highway and Ridge Trail Lot 62 on the southeast corner of Miami Highway and Ridge Trail 2) Name and address of property owner(s) of the petition site: Lot 61 SFULDI, 1442 Deerfield Ct., South Bend, IN 46614 Phone #259-9976 Lot 62 Southfield Village, Inc., 6450 Miami Circle, South Bend, IN 46614 Phone #472-7300 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned: From "OB for Lot 61 and "MFI" for Lot 62; to "PUD" Plan Unit Development 5) This rezoning is requested to allow the following use(s): Note: These uses will be open to the public. Residential, single-story, 1 - 12 dwelling units per building. Residential, garden apartments -independent living, 3-story. Assisted living apartments - 3-story. Office/Professional Services, single story. Health care -nursing, 1-story. Care providers (adult day care, child day care, respite care, family care, etc.), 1-story. Services: Fitness Center, Wellness/Health Center, Therapy, Gift Shop, Cafe/Restaurant (max. 125 seats), Bakery, Medical Office/Pharmacy, Barber and/or Beauty Shop, Chapel, Meeting Rooms, General Store, Soda Fountain, Bank, Post Office, Library, Hobby and Craft Activity Center. 6) The legal description of the property is: Southfield Subdivision Section Three Lots 61 and 62 Lot 61 Doc #0322709 Lot 61 Doc #0376354 Lot 62 Doc #9908432 7) Attached is (a) 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 (b) six (6) site plans; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 8) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit with the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, time extension on the submittal of the final site plan maybe requested. LeRoy S. oyer, Partner ~ /~/~j SFULDI arty Neff, iden ~A.q,;~,~ 01 rg~ d ~ Southfield Village, Inc. Contact Person: Petition Prepared By: Bill Beven 550 Union Street Mishawaka, IN 46544 574-259-9976 Filed In Clerk's Office SEP292~ JOHN YOORDE CITY CLERK, S0. BEND, IN. Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Saute Executive Director John W. Byorni Assistant Director Phone 574 235-9571 www.areaplan.org Fax 574 235-9813 October 20, 2004 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of SFI/LDI and Southfield Village, Inc. to zone from "O/B" Office Buffer and "MFl" -Urban Corridor Multi-Family to "PUD" - Planned Unit Development, property located at the northeast and southeast corners of Miami Highway and Ridge Trail, City of South Bend - APC# 2280-04 Dear Council Members: I hereby Certify that the above referenced ordinance of SFIlLDI was iegally advertised on Thursday, October 7, 2004 and that the Area Plan Commission at its public hearing on Tuesday, October 19, 2004 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance and site development plan of SFI/LDI and Southfield Village, Inc. to zone from "OB" Office Buffer and "MF1" -Urban Corridor Multi- Family to "PUD" -Planned Unit Development, property located at the northeast and southeast corners of Miami Highway and Ridge Trail, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Allowing the existing assisted living/health care facility to expand and to develop offices and business that best serve their needs is a logical way to develop this area. There are no conflicts with the Comprehensive Plan, and the "PUD" District will allow the petitioner flexibility to accommodate the residents as efficiently as possible. 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 obe .Saute RWS:sr Attachment CC: SFI/LDI Southfield Village, Inc. Bill Beven Filed In Cfeirk's Office ocr z o Zoo4 JOHN V008DE CITY CtERK, S0. BEND, IN. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana r -- , Staff Report APC # 2280-04 Owner: SFI/LDI Location: The northeast and southeast corners of Miami Highway and Ridge Trail Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "MFl" Urban Corridor Multi-Family to "PUD" Planned Unit Development to allow multi-family residential including garden apartments and assisted living, offices, health care facility, fitness center, retail, and restaurants. Land Uses and Zoninb: On site: On site is vacant land and an existing assisted living/retirement home. North: To the north is a library zoned "OB" Office Buffer, and single-family homes and duplexes zoned "PUD" Planned Unit Development. East: To the east are single-family homes zoned "PUD" Planned Unit Development, and single-family homes zoned "SFl" Single-family Residential. South: To the south are agricultural uses and single-family homes in the County zoned "R" Residential West: To the west are single-family homes in the County zoned "R" Residential. District uses and development standards: The "PUD" District is intended to encourage creativity and innovations in the design of developments, provide for more efficient use of land, and to provide for an individual land use not otherwise specified elsewhere in the Ordinance. Site plan description: The site plan for this PUD designates 5 separate areas. Area A is designated for a maximum of 7 single story villa or condo units with a minimum of 40% open space. Areas B and C are for residential villa or condo units, office and professional services, and care providers such as adult day care, child day care, and family care. Areas B and C will have a minimum of 30% open space with the non-residential uses limited to 25% of the total area. Area D is designated for a maximum of 36 dwelling units and a health care facility with a maximum of 60 beds. Area D will have a minimum of 30% open space. Area E is designated for garden apartments (maximum of 3 stories and 237 units), a health care facility with a maximum of 60 beds, care provider uses not to exceed 10% of the land area, office and professional services, and services such as fitness centers, a bakery, chapel, meeting rooms, bank, post office, and several other uses. The services component of Area E will not exceed 20% of the floor area of the residential and health care floor space. The services will be open to the public. The petitioner has also stated the following standards will be adhered to: no buildings will be closer than 25' feet from the public streets or perimeter boundaries, and parking no closer than 25' from the public streets and 10' from the boundaries. Landscaping will comply with the Landscaping Section of the Zoning Ordinance, except that Residential Bufferyards will be Type A -Open Landscaping. Lighting will comply with the Zoning Ordinance. The signs for Area E will comply with the Zoning Ordinance for an integrated center in the "LB" Local Business District. Signs for the non-residential uses in Areas B and C will comply with the requirements for the "OB" Office Buffer District. SFI/LDI #2280-04 Page 4 of 4 ~onin~ and land use history & trends: In 1988 this site was rezoned under the old zoning ordinance to "A-1" Single- and Two-family Residential and "B" Multi-family Residential for a retirement village and retirement homes. Traffic and transportation considerations: Both Miami and Kern Roads are two lane roads with accel/decel lanes at the current entrances of this development. The main entrance for this project will be from Miami, although secondary access can be obtained from Kern Road through the existing development. The existing interior roads are designed to be residential streets with sidewalks. The existing health care facility has a separate entrance from the rest of the current development. Miami and Kern Roads may experience higher levels of traffic due to this new development. Utilities: This development will be serviced by municipal water and sewer from South Bend. Additional information: (Agency comments) For the new development, sidewalks will be required along Ridge Trail and Miami Street. All access and approaches will need to meet City standards. Developments in the "PUD" District are subject final site plan review and approval through the Area Plan Commission staff. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: The Comprehensive Plan promotes development where urban services are available. Conflicts between residential and business/office uses should be minimized. Tlie intent of tl~e "PUD" Planned Unit Development District is to promote creative developments and to give developers the design flexibility to mix uses to serve their project as they see fit. No conflicts with the Comprehensive Plan are found. Land Use Plan: The Land Use Plan has this area designated as a residential growth area. Plan Implementation/Other Plans: Residential Area Policy: 2. Current conditions and character: This site is directly adjacent to a library, multifamily, single-family, and assisted living facilities. The property is also adjacent to agriculture and residential uses zoned for single-family development in the city and county. 3. Most desirable use: The most desirable uses for this property are those that are consistent and compatible with the adjacent health care and assisted living facility. 4. Conservation of property values: The impact on the surrounding property values should be minimal. SFI/LDI #2280-04 Page 4 of 4 ~. ,Responsible development and growth: It is responsible to encourage growth to occur within the existing service boundaries and to ensure that there are adequate office and business services to serve the immediate residential areas. It is also responsible to encourage residential growth in the areas where the Land Use Plan designates as residential growth areas. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site plan. Analysis: Allowing the existing assisted living/health care facility to expand and to develop offices and business that best serve their needs is a logical way to develop this area. There are no conflicts with the Comprehensive Plan, and the "PUD" District will allow the petitioner flexibility to accommodate tl~e residents as efficiently as possible. Fled 1n Clerk's Office OCT ~ C Z00~ SFI/LDI aoHN vooROE #2280-04 CITY CLERK, So. BEND, tN. Page 4 of 4 SOUTH BEND EXISTING ZONING "SF1" SINGLE FAMILY C~ ~~OB"OFFICE BUFFER t~J~ APC # 2280-04 PUD PLANNED UNIT DEVELOPMENT~~ "D" LIGHT INDUSTRIAL C-~o 200 400.. ~ soo ST. JOSEPH COUNTY EXISTING ZONING p ~ =rte -: "R" RESIDENTIAL ~' R,Graphicyscale SOUTH BEND CORP. LIMIT _ PETITION AREA REZONING FROM: "OB" OFFICE BUFFER & "MF1" MUTLIFAMILY TO: "PUD" PLANNED UNIT DEVELOPMENT