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HomeMy WebLinkAboutSpecial Exception - Property located at West of and adjacent to 1441 N Michigan St RESOLUTION 4211-12 Passed by the Common Council of the City of South Bend, Indiana October 22, 12 20 Attest azt "IC _ City Clerk tit* Attest ._.A.1A ,. . .‘r _ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 23, 20 12 14(44rerVM PL— City Clerk Approved and signed by me del-06 I R- 3 20 1Z- . Mayor RESOLUTION NO. 2--I; A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT WEST OF AND ADJACENT TO 1441 N. MICHIGAN STREET SOUTH BEND,INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the Area Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. , NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located west of and adjacent to 1441 N. Michigan Street, South Bend, Indiana, in order to permit the continued use of such property as off-street parking serving the building and athletic fields adjacent to such property. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, if any, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 4,1 1111116 Member of the Common Council Filed in Co.:, s Office SBDS02433890v1O1 P€kESENTEd AO 4-1.''4 JOHN VID CITY CLERK,SOUTH SEND,IN NOT APPRAVEtt rADOPTE TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-70 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT WEST OF AND ADJACENT TO 1441 N. MICHIGAN STREET 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&Annexation Committee. Karen L. White Chairperson, Committee of the Whole BARNES&1 1 IOl u r L V LLP 600 1st Source Bank Center 100 North Michigan South Bend,IN 46601-1632 U.S.A. (574)233-1171 Fax(574)237-1125 Richard J.Deahl (574)237-1240 www.btlaw.com richard.deahl @btlaw.com August 13, 2012 VIA HAND DELIVERY Area Board of Zoning Appeals of St. Joseph County, Indiana 125 S. Lafayette Blvd., Ste. 100 South Bend, Indiana 46601 Attn: Carolyn A. Henry, Executive Secretary RE: Saint Joseph High School (Existing Site) Petition for Special Exception Use for Off-Street Parking (South Bend) Dear Ms. Henry: We are pleased to submit this letter as a "Petition for Special Exception" on behalf of University of Notre Dame du Lac ("Notre Dame") and Brothers of Holy Cross, Inc. ("BHC") to be considered by the Area Board of Zoning Appeals (the "Board"). This Petition is filed to request the Board's favorable recommendation for approval of a "special exception"to allow the existing off-street parking area (located West of the existing Saint Joseph High School building) to continue to serve the building and adjacent athletic fields in the event any portion of such property is rezoned from "R" Single Family to the "U"University zoning district. The location and continued use of the subject property as off-street parking is permitted as a "special exception" within the "U" Zoning District under Section 21-07.04 of the Zoning Ordinance of the City of South Bend (the "Zoning Ordinance"). The following information is provided in accordance with Section 21-09.03 of the Zoning Ordinance and the Board's filing instructions: 1. INFORMATION REGARDING PETITION. a. Identification of Petitioner. The petitioners' names, addresses and telephone numbers are: University of Notre Dame du Lac c/o Richard J. Deahl Barnes & Thornburg LLP 100 N. Michigan Street, 6th Floor South Bend, Indiana 46601 Atlanta Chicago Delaware Indiana Los Angeles Michigan Minneapolis Ohio Washington,D.C. Area Board of Zoning Appeals of St. Joseph County August 13, 2012 Page 2 Telephone: (574) 233-1171 Brothers of Holy Cross, Inc. c/o Richard A. Nussbaum Sopko,Nussbaum, Inabnit&Kaczmarek 210 South Michigan Street 5th Floor, Plaza Building South Bend, IN 46601 (574) 234-3000 b. Location of Property. The subject property consists of approximately 1.20+/- acres of parking area within the corporate limits of the City of South Bend, generally located west of/adjacent to the existing Saint Joseph High School building (the "Parking Area"). The legal description and a general depiction of the Parking Area are attached hereto as Exhibit A. c. Statement of Request. In connection with the relocation of Saint Joseph High School from its existing site on the corner of State Road 933 and Angela Boulard ("Existing Site") to a newly constructed high school facility in South Bend, the petitioners are (1) purchasing the remainder of the Existing Site from the Diocese of Fort Wayne-South Bend, Inc. ("Diocese"), and (2) together with the Diocese, seeking approval from the Area Plan Commission of St. Joseph County and Common Council of the City of South Bend, to rezone the Existing Site (including the Parking Area) to the "U" University zoning district (the "Rezoning"). The petitioners respectfully submit this Petition(and a proposed Ordinance to the Common Council of the City of South Bend)to enable the Parking Area to continue to be used as off-street parking to serve their uses of the building and athletic fields from and after any Rezoning. Notre Dame currently anticipates that its use of the existing building would be far less intense (i.e., far fewer occupants) than the historic use as a high school, as it contemplates using a portion as "flex" administrative offices and/or classes (to accommodate the temporary relocation of offices and/or classes from its primary campus to the building during periods of construction on its main campus), a portion for storage and, potentially, a small portion for limited research activities. BHC currently anticipates that its athletic fields may be used from time to time by students of Holy Cross College for intramural activities. The petitioners desire to share the Parking Area to serve their needs and have agreed to terms and conditions of a certain General Access and Parking Easement Agreement ("Parking Agreement") regarding their shared use and maintenance of the Parking Area. A copy of the Parking Agreement is attached hereto as Exhibit B. d. Standards for Special Exception Use. The relevant items identified in Section 21-09.03 of the Zoning Ordinance are addressed as follows: (1) As noted above, this petition is filed to seek permission for the Parking Area to continue to be used, as it has in the past, to serve the building and athletic fields at the former Saint Joseph High School BARNES&THORNBURG ur Area Board of Zoning Appeals of St. Joseph County August 13, 2012 Page 3 property. Use of this Parking Area will enable the petitioners as well as their employees, guests and/or invitees to safely access and utilize the Existing Site and will not be injurious to public health, safety, comfort, community standards or convenience. (2) The Parking Area has been historically used as parking and its use will not change. However, the petitioners currently anticipate that the intensity/utilization and traffic (ingress/egress and parking) at the Existing Site will be far less than when the Parking Area was used as parking for teachers, employees and students of Saint Joseph's High School. The continued use of this Parking Area for parking serving the Existing Site is compatible with the paved access and adjacent on-site parking areas, as well as compatible with the immediate area, and not adversely impact the use or values of any other property. (3) The Parking Area has historically been used for parking. It is intended that the Parking Area (as well as the Existing Site), from and after any Rezoning, would be used to serve the adjacent land and building which will be used for university related purposes. This use is consistent with the character of the University's zoning district and other land uses authorized therein, and not conflict with the Comprehensive Plan of the City of South Bend. e. Persons Representing Petitioner. The information regarding Petitioners' representatives are: Richard J. Deahl Barnes& Thornburg LLP 100 N. Michigan Street, 6th Floor South Bend, Indiana 46601 Telephone: (574) 233-1171 Richard A. Nussbaum Sopko,Nussbaum, Inabnit&Kaczmarek 210 South Michigan Street 5th Floor, Plaza Building South Bend, IN 46601 (574) 234-3000 f. Zoning Classification. The Parking Area is currently zoned "SF-2" Single Family and Two Family Distrcit, is located within Portage Township, City of South Bend, Indiana and is subject to a Petition for Rezoning seeking a rezoning of the same to "U"University. BARNES&THORNBURG LLP Area Board of Zoning Appeals of St. Joseph County August 13, 2012 Page 4 2. SITE PLAN. We are pleased to enclose with Letter Petition a survey/site plan detailing the boundaries of the Parking Area and property lines (as well as adjacent building structures) attached as Exhibit C. 3. PROPERTY WITHIN 300 FEET. We are pleased to also attach, at Exhibit D, an aerial view of all properties within 300' feet of the Parking Area and list of the names and addresses of all owners of property located within such 300 foot area. The petitioners kindly requests the Board's favorable recommendation to the Common Council of the City of South Bend to approve the special exception requested herein. Such approval will permit the continued use of the Parking Area to serve the site. Please feel welcome to contact me directly at (574) 237-1240 if you would like any additional information or would like to discuss this Petition in more detail. Very truly yours, B THORNBURG . („DAs-."°-=Y" Richard J. Deahl RJD/sr cc: Richard A. Nussbaum Enclosures: EXHIBIT A: Legal Description of Property EXHIBIT B: General Access and Parking Easement Agreement EXHIBIT C: Survey of Parking Area EXHIBIT D: Aerial View and List of Property Owners (300' Search) SBDS02 433887v1 BARNES&THORNBURG LLP EXHIBIT A LEGAL DESCRIPTION OF PARKING AREA (WITHIN CORPORATE LIMITS OF CITY OF SOUTH BEND) That Part of the Southwest Quarter of Section 36, Township 38 North, Range 2 East, Portage Township, St. Joseph County, Indiana which is described as: Beginning at a point that is North 69°52'17 East, 147.42 feet and North 89°41'49" East, 28.06 feet from the Southwest corner of said Section 36; thence North 89°41'49" East, 499.59 feet; thence North 00°46'26" West, 638.08 Feet; thence South 89°41'49" West, 3.34 feet; thence South 00°35'46" East, 325.59 feet; thence South 89°42'46" West, 255.46 feet; thence South 27°30'49" West, 62.01 feet; thence South 32°29'12" East, 40.88 feet; thence South 00°18'11" East, 223.14 feet; thence North 89°41'49" East, 121.72 feet to the point of beginning and a forty (40) foot wide parcel of ground described as beginning at a point of the North line of Angela Blvd. North 89°41'49" East 28.06 feet and North 69°52'17" East 147.42 feet and North 89°41'49" East 499.59 feet from the Southwest corner of Section 36; thence North 00°46'26" East 638.08 feet; thence North 89°41'49" East 40.00 feet; thence South 00°4626" West 638.08 feet to the North line of Angela Blvd; thence South 89°41'49" West along said North line 40.00 feet to the point of beginning; excluding that portion of the above- referenced property located outside of the corporation limits of the City of South Bend. • EXHIBIT A LEGAL DESCRIPTION OF SCHOOL PARCEL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, • RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 5/8" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89°41'49" E., 592.13 FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 68°5T17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 292.36 FT. TO A 5/8" CAPPED REBAR SET ON THE WEST LINE OF MICHIGAN STREET(U.S.#31);THENCE ALONG SAID WEST LINE AND A 2950.53 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 652.18 FT. TO THE END OF A CHORD WHICH BEARS N. 11°03'53" E. AND HAVING A DISTANCE OF 650.83 FT. TO A FOUND 3/4" IRON PIPE; THENCE S. 89°41'49" W., 478.43 FT. TO A FOUND 3/4" IRON PIPE; THENCE AROUND A 3274.04 FT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BAERS S. 05°28'41" E. AND HAVING A DISTANCE OF 640.67 FT. TO THE POINT OF BEGINNING. CONTAINING 5.62 ACRES. GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 9 • EXHIBIT B LEGAL DESCRIPTION OF BACK 14 ACRES THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36 AND PART OF THE SOUTHEAST QUARTER OF SECTION 35, T 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 36; THENCE ALONG THE SOUTH LINE OF SAID SECTION N. 89°41'49" E., 28.06 FT. TO A 5/8" CAPPED REBAR SET ON THE NORTH RIGHT-OF-WAY LINE OF ANGELA BOULEVARD; THENCE ALONG SAID NORTH LINE AND AROUND 217.34 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 150.41 FT. TO THE END OF A CHORD WHICH BEARS N. 69°52'17' E. AND HAVING A DISTANCE OF 147.42 FT.;THENCE N. 89°41'49" E. 499.59 FT.;THENCE N. 00°4626" W. 638.08 FT.; THENCE S. 89°41'49" W.; 1093.92 FT.; THENCE. S. 00°46'26" E., 215.00 FT.; THENCE S. 49°55'49" E., 313.51 FT.; THENCE N. 89°41'49" E., 115.00 FT.; THENCE S. 00°4626" E., 270.00 FT. TO THE SOUTH LINE OF SECTION 35; THENCE ALONG SAID SOUTH LINE N. 89°41'49" E., 75.00 FT. TO THE POINT OF BEGINNING. CONTAINING 13.86 ACRES. GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 10 EXHIBIT C LEGAL DESCRIPTION OF ACCESS EASEMENT AREA A FORTY(40)FOOT WIDE PARCEL OF GROUND,BEING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA,WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF THE NORTH LINE OF ANGELA BLVD. NORTH 89°41'49" EAST 28.06 FEET AND NORTH 69°52'17" EAST 147.42 FEET AND NORTH 89°41'49" EAST 499.59 FEET FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE NORTH 00°46'26" EAST 638.08 FEET; THENCE NORTH 89°41'49" EAST 40.00 FEET; THENCE SOUTH 00°4626" WEST 638.08 FEET TO THE NORTH LINE OF ANGELA BLVD; THENCE SOUTH 89°41'49" WEST ALONG SAID NORTH LINE 40.00 FEET TO THE POINT OF BEGINNING. ■ GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 11 EXHIBIT D DIAGRAM AND/OR LEGAL DESCRIPTION OF PARKING EASEMENT AREA THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 69°52'17" EAST, 147.42 FEET AND NORTH 89°41'49" EAST, 28.06 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 36; THENCE NORTH 89°4P49" EAST, 499.59 FEET; THENCE NORTH 00°4626" WEST, 638.08 FEET; THENCE SOUTH 89°41'49" WEST, 3.34 FEET; THENCE SOUTH 00°35'46" EAST, 325.59 FEET; THENCE SOUTH 89°42'46" WEST, 255.46 FEET; THENCE SOUTH 27°30'49" WEST, 62.01 FEET; THENCE SOUTH 32°29'12" EAST, 40.88 FEET; THENCE SOUTH 00°18'11" EAST, 223.14 FEET;THENCE NORTH 89°41'49"EAST, 121.72 FEET TO THE POINT OF BEGINNING. GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 12 • • EXHIBIT E ( LEGAL DESCRIPTION OF .23 ACRE PARCEL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A 5/8" CAPPED REBAR SET ON THE.NORTH LINE OF ANGELA BOULEVARD WHICH IS N. 89°41'49" E., 539.59. FT. FROM A POINT ON SAID NORTH LINE WHICH IS N. 69°62'17" E., 147.42 FT. FROM A POINT ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT. FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE ALONG THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 52.54 FT.; THENCE AROUND A 3274.04 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS N. 05°28'41" W. AND HAVING A DISTANCE OF 640.67 FT TO A FOUND 3/4" IRON PIPE; THENCE S. 00°46'26" E. 638.08 FT TO THE POINT OF BEGINNING. CONTAINING 0.23 ACRES. •• SBDS02 420494 GENERAL ACCESS AND PARKING EASEMENT AGREEMENT PAGE 13 y / k.■ ....+.7.1d NPt.wx r a..pe1 1711 0 .3 I..W.l.d artS Peel a g o at g - s : ( L �`'„" 3K , , 0-e".-- -- ---_ ---,-- ---■--__ .., 1 iv ipilf cil W 8'4 E"'4 Z¢ I \ � ' g \ a: ,.„ .. 4,,,, A . i , ,o t %NJ L 7::T: N Nlike'4ig i . -, I r8 Z o r ' A ' ` i \ E-4 ; v e / ” '\ 1k\ 'G T; \ F\ ` k \• ✓ �z oI Cbo y � <41—NO m = 1 1� II .,n..o zt N I u, •! AXSZf 3.9•.n00 S -1= 111 �1 1 1 I • tilt-L �` k„ , „ x,„,,. . i.... , , , _,,.c, , , , ,„,,,, .., , ,.... 1 .i._= Ir . a o_ a I :ill VII qi IjIA �� I_ ' _ R 33998 �� is {_ 'X b _ N i NNI 11 gPsilg g r i ID IV Z K e 3.tt,9100 S R § � ivi .gE A Jix o - ' ,xiLey 3 .....,qq@ mi ce a ° '�k¢k i>� Y 9 W r INN m { °'° .- 1 b 1dhVg e e g s. iI- III!U • AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 September 6, 2012 The Honorable Common Council of the City of South Bend 4th Floor,County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ABZA 9/5/12 Dear Council Members: The above referenced petition of the University of Notre Dame and the Brothers of the Holy Cross was legally advertised on August 24, 2012. The Area Board of Zoning Appeals gave it a public hearing on September 5, 2012,at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Velleman and unanimously carried, the petition for Special Exception to allow an off site parking lot in a"U"University District, on property located at 1441 N. Michigan Street, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date,to be made part of this report. Sincerel /42-4j -S Mark A. Lyons Assistant Zoning Administrator MAL/cah UNIV. NOTRE DAME/ BROTHERS OF THE HOLY CROSS CONDITIONAL USE PURSUANT S.J.C.C.CHAPTER 8 AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. The public convenience and welfare will be substantially served by the CONDITIONAL USE because: Development and use as presented will comply with all building,fire safety,traffic,and parking regulations as to not being injurious to the public health,safety,morals,and general welfare of the community. 2. The nature,location,size and site layout of the CONDITIONAL USE will be compatible with the immediate area because: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. Adequate water,sanitary,ingress/egress,drainage and other necessary facilities have been or are being provided to assure safe and sanitary conditions in the vicinity of the request because: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. The proposed CONDITIONAL USE does not conflict with the Comprehensive Plan or any otherplan duly adopted by St.Joseph County because: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this CONDITIONAL USE is GRANTED, subject to any conditions stated in the Minutes(which conditions are incorporated herein by reference and made part of this decision). ADOPTED this 5`h Day of September,2012 YES NO MICHAEL URBANSKI RANDALL MATTHYS JACK YOUNG © BRENDAN CRUMLISH GERALD PHIPPS ROBERT HAWLEY JOE VELLEMAN