HomeMy WebLinkAbout10203-12 Zoning - Requesting a Sepecial Exception for Property located 1243 & 1247 Campeau South Bend ORDINANCE No . 10203.12
Passed by the Common Council of the City of South Bend, Indiana
November 12, 20 12
Attest: (10 1 City Clerk
JO VOORDE
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 13, 20 12
City Clerk
N Vs'ORDE
Approved and signed by me N"1/6113 It /3 20 11
Mayer
ORDINANCE NO. 22)3_-(Z.-
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1243& 1247 CAMPEAU,SOUTH
BEND, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The rezoning from SF-2 to MF-1 is requested to allow for a group residence that will house up to
four unrelated individuals. Logan has been approved by the State to provide residential
habilitation services to people in their own homes. The NNRO desires to build a house for
Logan,to accommodate four clients who have become independent enough to live by themselves
with some scheduled supervision. This group residence requires a zoning designation of MF-1
with a special use exception to allow for up to four unrelated individuals in one house.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana as follows:
SECTION 1. Ordinance No. 9495-04, as 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:
Parcel#1: 1243 Campeau (Key#018-5092-2355)
Lot Numbered Two Hundred Eighty(280)as shown on the recorded Plat of the Third Addition of
Park Place to the City of South Bend, recorded April 12, 1905, in the Office of the Recorder of
St.Joseph County,Indiana, in Plat Book 8,page 192, excepting therefrom a strip of land 5 feet
in width, North and South, taken off of and from the entire width of the South end thereof for
street purposes in St. Joseph County, Indiana.
Parcel#2: 1247 Campeau (Key#018-5092-3256)
Lot Numbered Two Hundred Eighty-one (281)as shown on the plat of the Third Addition to Park
Place to the City of South Bend recorded in the Office of the Recorder of St. Joseph County,
Indiana, EXCEPTING therefrom a strip of land five feet in width, north and south, taken off of
and from the entire width of the south end thereof taken for street purposes
be and the same is hereby established as MF-1.
SECTION H. That a Special Exception for up to four unrelated individuals living in one
house in a MF-1 zoning district is hereby granted subject to a site development plan
hereby attaché and made a part of this Ordinance and which site plan contains and lists all
conditions, if any, of approval.
SECTION III. 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.
C J
Member of the Common Council
Attes
Aik _�
• — k -
Presented by me to the Mayor of the City of South Bend, Indiana on the 1 34 day of
100s , 20 t,2.- , at LO ;-f( o'clock O. .m.
.. ),11 A A._.....,---- CA-Z-413""`
DietA City Clerk
Approved and signed by me on the 13 day of /4"°•4'1,A.B fie , 20 12 , at
3 o'clock f .m.
Mayor t ��''
e City_:,;•-, h Bend, Indiana
i F-7-iiii-1-1-6-ie-i-ri-es triiiis--;1
i sI RgAD1NG
PUBLIC, HEARING .V---(1.---(1--- JOHN VOORTE
3rd READING I,l----(1----1L— CI'T'Y CLERK,SOU 1';=i grafl),Its
NOT APPROVED
REFERRED q-. IP‘ ei—l.o-LZ
PASS'' t t,--1 --1 L
PETITION FOR A COMBINED HEARING
City of South Bend Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance,to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following
variance(s):
1) The subject property is located at: 1243&1247 Campeau,South Bend,IN 46617
2) The property Tax Key Number(s)is/are: Key#1018-5092-3255 Key#2 018-5092-3256
3) Name and address of property owner(s)of the petition site:
Northeast Neighborhood Revitalization Organization,Inc.
803 Lincoln Way West
South Bend,IN 46616
574-289-1066
deaandrews(asbheritage.org
4) Name and address of contingent purchaser(s),if applicable:
Logan Community Resources Inc.
2505 E.Jefferson Blvd.
South Bend,IN 46615
574-289-4831
logan(a,logancenter.org
For additional owners,reprint additional pages with signatures
5) It is desired and requested that this property be rezoned:
From: SF-2
To: MF-1
6) This rezoning is requested to allow the following use(s): The rezoning from SF-2 to MF-1 is requested to
allow for a group residence that will house up to four unrelated individuals. Logan has been approved by the
State to provide residential habilitation services to people in their own homes. The NNRO desires to build a
house for Logan,to accommodate four clients who have become independent enough to live by themselves
with some scheduled supervision. This group residence requires a zoning designation of MF-1 with a special
use exception to allow for up to four unrelated individuals in one house.
7) If applicable,a detailed description and the purpose of the variance(s)being requested: N/A
8) A statement on how each of the following standards for the granting of variances is met: N/A
(a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community:
(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.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property:
9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be
submitted. N/A
10) If applicable,a detailed description and purpose of the Special Exception(s)being requested:
The rezoning from SF-2 to MF-1 is requested to allow for a group residence that will house up to four
unrelated individuals. Logan has been approved by the State to provide residential habilitation services to
people in their own homes. The NNRO desires to build a house for Logan,to accommodate four clients who
have become independent enough to live by themselves with some scheduled supervision. This group
residence requires a zoning designation of MF-1 with a special use exception to allow for up to four unrelated
individuals in one house.
11) A statement on how each of the following standards for the granting of a Special Exception is met:
(a) The proposed use,a group residence for not more than four unrelated individuals who will be
under the supervision of Logan Community Resources,Inc.,is not injurious to the public Health,
safety,comfort,community moral standards,convenience or general welfare. The four
individuals who will live in this house will be residents of the community,going to their jobs and
living quietly,needing only occasional supervision from Logan.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein: The much of the property around 1243 and 1247 Campeau is vacant or empty
lots. The construction of a new home,that could be returned to single family if need be,can only
enhance the property values.
(c) The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein. The house is being designed to fit into the district and its use will
be residential,conforming with those houses that still remain.
(d) The recommendations of the City of South Bend Comprehensive Plan for this area indicate a
continuity of its current use,which is medium density residential. The proposed use for the
Campeau properties reflects these recommendations and will in fact be a positive influence in
this direction.
12) In the case of a Special Exception,the petitioner shall be held to the representations made on the Preliminary
Site Plan.
13) Applications for subdivisions should be obtained from the office of the Area Plan Commission.
14) Attached,and made a part of this PETITION,is:
(a)a copy of a legal description of the property;
(b)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;
(c) 17 site plans;and
(d)addressed,stamped envelopes for all property owners within 300 feet of the petition property.
PETITION PREPARED BY: PROPERTY OWNER:
Dea Andrews Northeast Neighborhood Revitalization
South Bend Heritage Foundation Organization, Inc.
803 Lincoln Way West
South Bend, IN 46616 (
„/72 .0t-A. e..e. ,it a ... :4,ya-- ___,"
574-289-1066 ext 215 Marguite A. Taylor, Secretary
deaandrewsasbheritage.orq ,
Ned Cizi.k's- Ofiice
5EP --.5 ZU14
['-
JOHN tr,lonots
CITY CLERK.:;C•kir4 BEIM IN i
Northeast Neighborhood Revitalization Organization
Petition for Rezoning
1243 and 1247 Campeau, South Bend, IN
Legal Descriptions
Parcel #1: 1243 Campeau (Key#018-5092-2355)
Lot Numbered Two Hundred Eighty (280) as shown on the recorded Plat of the Third
Addition of Park Place to the City of South Bend, recorded April 12, 1905, in the Office
of the Recorder of St. Joseph County, Indiana, in Plat Book 8, page 192, excepting
therefrom a strip of land 5 feet in width, North and South, taken off of and from the
entire width of the South end thereof, for street purposes in St. Joseph County, Indiana.
Parcel #2: 1247 Campeau (Key#018-5092-3256)
Lot Numbered Two Hundred Eighty-one (281) as shown on the plat of the Third Addition
to Park Place to the City of South Bend, recorded in the Office of the Recorder of St.
Joseph County, Indiana, EXCEPTING therefrom a strip of land five feet in width, north
and south, taken off of and from the entire width of the south end thereof taken for street
purposes.
filed in Ofc
FTM,CM
JOHN VOCO-1DE
PcJOHN W. BYORNEXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)23S-9571
Wednesday,October 17,2012
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend,IN 46601
RE: A combined public hearing on a proposed ordinance of the Northeast Neighborhood Revitalization
Organization to zone from SF2 Single Family and Two Family District to MF1 Urban Corridor
Multifamily District and seeking a Special Exception Use for a group residence,property located at 1243
& 1247 Campeau,City of South Bend-APC#2650-12.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Northeast Neighborhood Revitalization Organization
was legally advertised on Thursday,October 04,2012 and that the Area Plan Commission at its public hearing
on Tuesday,October 16,2012 took the following action:
Upon a motion by John McNamara,being seconded by Robert Hawley and unanimously
carried,the proposed ordinance of the Northeast Neighborhood Revitalization Organization
to zone from SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily
District property located at 1243& 1247 Campeau,City of South Bend,is sent to the Common Council
with a favorable recommendation,subject to a Written Commitment that that the proposed property be rezoned
back to SF2 if the Logan group residence should cease to exist.The structure being built is designed to look like
a single family home and therefore blend in with the residential character of the neighborhood.
Upon a motion by John McNamara,being seconded by Daniel Brewer and unanimously carried,the Special
Exception Use for a group residence for up to 4 unrelated individuals,is sent to the Common Council with a
favorable recommendation. The Special Exception Use will limit the use of the site and ensure that it will
not be converted to any other uses.
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, Flied in Clerk's OffiCe
n OCT i 7 20 j2
Attachment _
C17Y CLTR ZS VOt i�
CC: Northeast Neighborhood Revitalization Organization Rl�C,
Logan Community Center
SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
www.stjosephcountyindiana.com/Areaplan
Staff Report
APC# 2650-12
Owner: Northeast Neighborhood Revitalization Organization
Location: 1243& 1247 Campeau
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family District to
MF1 Urban Corridor Multifamily District; and a Special Exception Use to allow a group
residence for up to four unrelated individuals.
Land Uses and Zoning:
On site: On site is a vacant lot.
North: To the north are single family homes zoned SF2 Single Family and Two Family
District.
East: To the east are single family homes zoned SF2 Single Family and Two Family
District.
South: To the south is Coquillard Park zoned SF2 Single Family and Two Family
District.
West: To the west are single family homes zoned SF2 Single Family and Two Family
District. -
District uses and development standards:
The "MF 1" Multi-family Residential District is established to protect, promote and maintain the
development of urban style multifamily dwellings and to provide for limited public and
institutional uses that are compatible with a multifamily residential neighborhood. The
development standards are designed to promote the establishment of multifamily dwelling
projects(including apartment,townhouse or row house style developments)and,high density two
family dwelling developments located along a block face, in developed areas of the community
which are served by a full range of public amenities.
Site plan description:
The site consists of two lots for a combined 0.3 acres. A 2,218 square foot residential structure is
proposed,covering 17%of the site. Two parking spaces are proposed with access from the alley.
The Special Exception Use will require Type B landscaping around the entire perimeter.
Zoning and land use history&trends:
In April 2011,a proposed duplex was given an unfavorable recommendation at 1201 Campeau.
Traffic and transportation considerations:
Campeau Street has two lanes divided by a grass median. Walsh Street has two lanes.
Utilities:
The site will be served by city water and sewer.
Additional information: (Agency comments)
Community and Economic Development recommended favorably. The City Engineer has no
comments.
Northeast Neighborhood Revitalization Organization
#2650-12
Page 1 of 3
Staff Comments:
This is a combined public hearing, which includes a rezoning and a special exception use The
Commission will forward the rezoning and the Special Exception Use to the Council with or
without a recommendation.
State statutes and the South Bend Zoning Ordinance require that certain standards must be met
before a Special Exception Use can be approved. These standards are attached and made part of
the Staff Report.
Commitments:
The following commitment has been proposed by the petitioner: 1) If at any time the Logan
property for a group residence should cease to exist, Logan commits that the property will be
rezoned to its current zoning of SF2.
5 Criteria(per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City Plan,South Bend Comprehensive Plan(November 2006)
Objective H 1.4:Encourage the development of a variety of housing types and care choices
for seniors and disabled persons.
Objective H 1.5: Support existing transitional housing providers and shelters that offer a
continuum of care to move people toward self-sufficiency.
Objective H 4.3: Support the efforts of community organizations in developing infill
housing.
Land Use Plan:
The Future Land Use Map identifies this area as medium density residential.
Plan Implementation/Other Plans:
This is located in the NNRO Overlay District. The Overlay District includes additional
development standards for new construction.
2. Current conditions and character:
The north side of Campeau is single family homes and the south side is Perley School and
Coquillard Park.
3. Most desirable use:
The most desirable use is one compatible within the general character of the neighborhood.
4. Conservation of property values:
Surrounding property values should not be affected as long as the proposed commitments are in
place and enforced.
5. Responsible development and growth:
It is responsible development and growth to allow compatible infill development that meet the
needs of the community.
Northeast Neighborhood Revitalization Organization
#2650-12
Page 2 of 3
Recommendation:
Based on information available prior to the public hearing the staff recommends that the rezoning
petition be sent to the Common Council with a favorable recommendation, subject to the
proposed commitment to rezone the property back to SF2 if the Logan group residence should
cease to exist.
Based on information available prior to the public hearing the staff recommends that the Special
Exception Use petition for a group residence for up to four unrelated individuals be sent to the
Common Council with a favorable recommendation.
Analysis:
The structure being built is designed to look like a single family home and therefore blend in with
the residential character of the neighborhood. The Special Exception Use will limit the use of the
site and ensure that it will not be converted to any other uses.
Northeast Neighborhood Revitalization Organization
#2650-12
Page 3 of 3
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Rezoning from:
�'SF '° SINGLE FAMILY T' C3 FAMILY DISTRICT
to "MF1" URBAN CC RRID
OR MULTIFAMILY DISTRICT
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ZONING CLASSIFICATION I inch = 1 0 feet
SOUTH BEND"SF2"SINGLE FAMILY AND TWO FAMILY DISTRICT A "650-1