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Home My WebLink About9736-07 Annexation & Rezoning Vaness & Willis & Burdette - District 4ORDINANCE No. 9736-07 Passed by the Common Council of the City of South Bend, Indiana February 12, 20 07 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana February 13, 07 20 JOHN Approved and signed by me February 13 20 0 7 City Clerk President of Common Council City Clerk Mayor ORDINANCE NO . I ~ ~ ° ~ O 1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, CARMINE & MARIA MARTINO, SILVIO MARTINO & JOHN ROY NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE AND A PARCEL ON THE WEST SIDE OF BURDETTE STREET APPROXIMATELY 83 FEET NORTH OF VANESS STREET SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 3.10+/- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100 of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF WILLIS AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF VANESS AVENUE; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS; THENCE WEST 356.00 FEET MORE OR LESS; THENCE NORTH 64.90 FEET MORE OR LESS; THENCE WEST 296.0 FEET MORE OR LESS TO THE EASTERLY RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE 83.0 FEET MORE OR LESS; THENCE WEST 262.18 FEET MORE OR LESS, THENCE SOUTH 185.2 FEET MORE OR LESS; THENCE EAST 262.18 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE 37.20 FEET MORE OR LESS; THENCE EAST 88.00 FEET MORE OR LESS; THENCES SOUTH 119.50 FEET TO THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE EAST ALONG NORTH RIGHT-OF-WAY LINE OF VANESS STREET A DISTANCE OF 564.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.10 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. 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 below described real estate, with the exception of all adjacent rights-of-way, is hereby established as "MU" Mixed Use District for Parcel I and to "MF1" Urban Corridor Multifamily District for Parcel II, in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. Said Parcels are described as follows: PARCEL I: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #25 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK #11, PAGE #13 AS RECORDED IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA; THENCE CONTINUING WEST ALONG SAID SOUTH LINE A DISTANCE OF 504.00 FEET MORE OR LESS; THENCE NORTH A DISTANCE OF 119.84 FEET MORE OR LESS; THENCE WEST A DISTANCE OF 88.00 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 64.90 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 296.00 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 64.90 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 294.00 FEET MORE OR LESS TO THE WEST RIGHT- OF-WAY OF WILLIS STREET; THENCE SOUTH ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 119.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.83 ACRES MORE OR LESS. PARCEL 22: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 36 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #2 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK #11, PAGE #13 AS RECORDED IN THE RECORDS OF ST. JOSEPH COUNTY, INDIANA; THENCE CONTINUING WEST ALONG SAID SOUTH LINE OF SAID LOT A DISTANCE OF 202.17 FEET MORE OR LESS; THENCE NORTH A DISTANCE OF 185.20 FEET; THENCE EAST A DISTANCE OF 202.17 FEET MORE OR LESS TO THE WEST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE SOUTH ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 165.20 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.86 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication; and shall be subject to the Area Plan Commission entering into a written commitment with the petitioner which eliminates commercial and retail uses and limits ingress/egress onto Burdette Street from the development. r-~ Member of a ommon Council Attest: Cit Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~ 3 ~ Day of ~2~ru.¢,vH 2 U~_, at (z~'LO O' clock ,A - M. . ` City Clerk Approved and signed by me o the ~ Day of 7~~`a`'~-' , 2 Do atYO' clock ~.M. ~'~S ~~- Mayor, City o South Bend, Indiana 1st READING ~ p~~l-~~ ( ' ~, PU@LlC NEARING ~'Z-Z"~~ dj JV-`~~~~~f~( 3 rd READWG 2-I'L-d~ ~ S $<-.~t~~~~1 ;vC)T APPROVED Filsd In Clark's Office JAPE 2 3 2007 JOHPJ VSDO BpEND, IN. CITY CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 66-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, CARMINE & MARIA MARTINO, SILVIO MARTINO & JOHN ROY, NORTHWEST CORNER OF VANESS STREET AND WILLIS AVENUE AND A PARCEL ON THE WEST SIDE OF BURDETTE STREET APPROXIMATELY 83 FEET NORTH OF VANESS 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 as substituted by taking out the second section II and adding to Section IV take out the period put a semicolon; and shall be subject to the Area Plan Commission entering into a written commitment with the petitioner which eliminates commercial and retail uses and limits ingress/egress onto Burdette Street from the development. Karen L. White Chairperson PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X a. one-hundred percent (100) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51~) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy-five (75~) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at: Northwest Corner of Vaness Street and Willis Avenue and a parcel on the West side of Burdette Street approximately 83 feet North of Vaness Street South Bend, Indiana 46637. 5). The Property Tax Key Numbers are: Property Tax Key Nos. 002-1106-5394 & 5395. Property Tax Key Nos. 002-1106-539301. Property Tax Key Nos. 002-1106-538101 & 5388 ~ 5389 & 539302. 6). That the name and address of the property owner(s) of the petition site is/are: Carmine & Maria Martino 52263 Carriage Hills Drive South Bend, Indiana 46635 (574) 277-0787. 2 6). Continued Silvio Martino 18349 Vaness Street South Bend, Indiana 46637 (574) 277-0787. John Roy 30580 Quail Pointe Drive Granger, Indiana 46530 (949) 456-0343. 7). That the name and address of the contingent purchaser(s), if applicable, is: N/A B). The property is 3.10+/- acres in size and currently has the following use(s) on it: Vacant & one Single-family home. Population (1). 9). Number of people currently residing on the property: 1 10). It is desired and requested that the petition site be rezoned: From: "R" Residential (County Zoning) To: "MU" Mixed Use District (Parcel I) and To: "MF1" Urban Corridor Multifamily District (Parcel II) for the following uses: In the "MU" Mixed Use District (Parcel I) a multi-story Condominium Hotel facility and in the "MF1" Urban Corridor Multifamily District (Parcel II) Single-family attached Residential Villas. 11). The anticipated "Build-out" year for the project - 2009 12). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit nAn 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 3. Seventeen (17) Copies of site plan; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. 3 13). The signature(s) of all property owner(s), or Attorney for all property owner(s). Signed: ~/~~ccFi // ~/~~ ~m.o~ ~, ~c~~ ~n,~..`~ , C rmine Mar o Maria Martino 263 Carriage Hills Drive 52263 Carriage Hills Drive South Bend, Indiana 46635 South Bend, Indiana 46635 (574) 277-0787. (574) 277-0787. Silvio Martino 18349 Vaness Street South Bend, Indiana 46637 (574) 277-0787. John Ro 30580 ail Pointe Drive Granger, Indiana 46530 (949) 456-0343. l~). Name, Address ~ Phone Number of Contact Person/Preparer: Danch, Harner & Associates, Inc. C/O Michael Danch 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003. filed In Clerk'S C~~ice OCT " 3 2006 d0l;N ~g088E 1D, IN. CITY CLcF+K, EXHIBIT "A" ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF WILLIS AVENUE AND THE NORTH RIGHT-OF-WAY LINE OF VANESS AVENUE; THENCE NORTH ALONG SAID RIGHT-OF- WAY LINE, 119.80 FEET MORE OR LESS; THENCE WEST 356.00 FEET MORE OR LESS; THENCE NORTH 64.90 FEET MORE OR LESS; THENCE WEST 296.0 FEET MORE OR LESS TO THE EASTERLY RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE 83.0 FEET MORE OR LESS; THENCE WEST 262.18 FEET MORE OR LESS, THENCE SOUTH 185.2 FEET MORE OR LESS; THENCE EAST 262.18 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF- WAY LINE 37.20 FEET MORE OR LESS; THENCE EAST 88.00 FEET MORE OR LESS; THENCES SOUTH 119.50 FEET TO THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE EAST ALONG NORTH RIGHT-OF-WAY LINE OF VANESS STREET A DISTANCE OF 564.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.10 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~I~~t~ lil ~~~~'~'~ ~$~'1~~ 0 CT - 3 2006 J04!N V~Q RB ~,~~ tN. CIl'Y CLEi,K, APC # 2403-06 Owner: Carmine & Maria Martino Location: 54759 Willis Avenue; 18301, 18349, and 18369 Vaness Street; 54723, 54748 and 54759 Burdette Street Jurisdiction: City of South Bend The Area Plan Commission at its public hearing on Tuesday, November 27, 2006 took the following action: Upon a motion by ~v~lK ~f~~'1, being seconded by IL-LG~~,~t,~ ~/(,~x,f/'K,'e~' and carried, the proposed ordinance and site development plan of Carmine & Maria Martino to zone from R Residential (County) to MF 1 Urban Corridor Multifamily District and MU Mixed Use District was sent to the Common Council with an unfavorable recommendation. ~! ~ y OG aC~ ~ n qrP~ ,~~~ g b ~ v,• .,.,.... ,..x......r-.-s.. 4 >. a '. I '~+fG'y~'t F'ti Vitlt6 Property Owners Within 300 Feet John C Roy John C Roy John Roy 30580 Quail Pointe Dr 30580 Quail Pointe Dr 30580 Quail Pointe Drive Granger, IN. 46530 Granger, IN. 46530 Granger, IN. 46530 Tax Key # 002 1106 538101 Tax Key # 002 1106 5388 Tax Key # 002 1106 5389 John Roy Silvio Martino Carmine & Maria Martino 30580 Quail Pointe Drive 18349 Vaness St 52263 Carriage Hills Dr Granger, IN. 46530 South Bend, IN. 46637 South Bend, IN. 46635 Tax Key # 002 1106 539302 Tax Key # 002 1106 539301 Tax Key # 002 1106 5394 Carmine & Maria Martino University of Notre Dame Du Lac University of Notre Dame Du Lac 52263 Carriage Hills Drive 836 Grace Hall 836 Grace Hall South Bend, IN. 46635 Notre Dame, IN. 46556 Notre Dame, 1N. 46556 Tax Key # 002 1106 5395 Tax Key # 002 1022 0507. Tax Key # 002 1106 5369 University of Notre Dame /Angel Mary B Perry University of Notre Dame /Angel Miller 54673 Burdette Street Miller 824 Grace Hall South Bend, IN. 46637 824 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5371 Notre Dame, IN. 46556 Tax Kav # M7 11 nFi .~i~7n Tax Kr?v # nn7 11 nR .riR77(11 Willie 8~ Pamela Harris Willie 8~ Pamela Harris Robert Johnson/ Clinton D.,J.Rinehart 54693 Burdette Street 54693 Burdette Street 54666 Ivy Road South Bend, IN. 46637 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 5372 Tax Key # 002 1106 537202 Tax Key # 002 1106 5376 Adam 8~ Jozefa Zdanowski University of Notre Dame /Angel University of Notre Dame Du Lac 9321 Laurence Street Miller 836 Grace Hall Allen Park, M1.48101 824 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5377 Notre Dame, IN. 46556 Tax Key # 002 1106 5386 Tax Kav # nn~ 11nR .ri~R1 Thomas Chapleau University of Notre Dame Du Lac University of Notre Dame Du Lac 475 Capricorn Street 836 Grace Hall 836 Grace Hall Brea, CA. 92821 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 5387 Tax Key # 002 1106 539203 Tax Key # 002 1106 5392 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 836 Grace Hall 836 Grace Hall 910 Flanner Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 539202 Tax Key # 002 1106 539201 Tax Key # 002 1106 5393 Irish Crossings Development University of Notre Dame Du Lac Chester Los P.O.Box 429 836 Grace Hall 54722 Burdette Street Notre Dame, IN. 46556 Notre Dame, IN. 46556 South Bend, IN. 46637 lax Key # 002 1106 5362 Tax Key # 002 1106 5382 Tax Key # 002 1106 5383 Chester Los Irish Crossings Development Inc Irish Crossings Development LLC 54722 Burdette Street P.O. Box 429 P.O.Box 429 South Bend, IN. 46637 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1106 538901 Tax Key # 002 1106 5374 Tax Key # 002 1106 537901 Irish Crossings Development LLC Jean Johnson Glenn 8~ Kaye Blossom P.O.Box 429 54703 Willis Street 20 Lyndale Ave Notre Dame, IN. 46556 South Bend, IN. 46637 Staten Island, NY. 10312 Tax Key # 002 1106 5379 Tax Key # 002 1106 538401 Tax Key # 002 1106 5384 Robert Howland South Bend Brookhaven LLC John Roy 54739 Willis Street 380 Union St. Suite 300 30580 Quail Pointe Drive South Bend, IN. 46637 Springfield, MA. 01109 Granger, IN. 46530 Tax Key # 002 1106 5390 Tax Key # 024 1106 539712 Tax Key # 002 1106 5380 Zolman Tire Inc. Salvation Army Salvation Army 18255 Vaness Street 510 S Main Street 510 S Main Street South Bend, IN. 46637 South Bend, IN. 46601 South Bend, IN. 46601 Tax Key # 002 1106 539101 Tax Key # 024 1106 539710 Tax Key # 024 1106 539714 State of Indiana / INDOT State of Indiana / INDOT Wissco Irrigation Inc. 100 N Senate Ave 100 N Senate 1820 South Bend Ave Indianapolis, IN. 46204 Indianapolis, IN. 46204 South Bend, IN. 46637 Tax Key # 024 1008 0660 Tax Key # 024 1008 0659 Tax Key # 024 1008 0658 Campus East LP Kevin 8~ Victoria Kwiatkowski Charles Hayes Inc. 306 S Notre Dame 117 W Catalpa 814 Marietta Street South Bend, IN. 46617 Mishawaka, IN. 46545 South Bend, IN. 46601 Tax Key # 024 1003 056601 Tax Key # 024 1003 056602 Tax Key # 024 1003 056604 Aimco Turtle Creek LP University of Notre Dame Du Lac Edward Redman /Marie Moore P.O.Box 28 836 Grace Hall 54756 N Ivy Road Dallas, TX. 75240 Notre Dame, IN. 46556 South Bend, IN. 46637 Tax Key # 024 1003 0565 Tax Key # 002 1105 5273 Tax Key # 002 1105 5274 Kuz Realty LLC 52024 Fall Creek Dr Granger, IN. 46530 Tax Key # 002 1105 527802 ail d nl ~~~~k'~ ~~fic~ O CT - 3 2006 JQH?! vSO.6E1~1D, IN. CITY CLEhK, ~~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4`h Floor County-City Building South Bend, Indiana 46601 RE: Annexation and Rezoning for the Northwest Corner of Vaness Street and Willis Avenue and a parcel on the West side of Burdette Street approximately 83 feet North of Vaness Street South Bend, Indiana Dear Council Members: October 2, 2006 Our clients are requesting the approval of an Annexation and Rezoning to the "MU" Mixed Use District Classification and to the "MFl" Urban Corridor Multifamily District for their properties located on the Northwest Corner of Vaness Street and Willis Avenue and a parcel on the West side of Burdette Street approximately 83 feet North of Vaness Street South Bend, Indiana. This Annexation and Rezoning is to allow for the construction of a multi-story Condominium Hotel facility and for Single-family attached Condominiums. Our clients hope that the Council will approve the requested Annexation and Rezoning request. They believe the requested rezoning would be an amenity for this area of South Bend that contains several types of land uses from residential to commercial. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, ..~i~~ Michael J. Danch President Danch, Harner & Associates File No. 050266.1 "C" Md. Land Surveyors .Professional Engineers Landscape Architects .Land Planners Filed nt Cterk's C~fi:+e 0 CT - 3 2006 JOHN Y~~ gFE1D, IN. CRY CLERK, 1643 Commerce Drive South Bend, IN 46628 once 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 208 West Mars Berrien Springs, MI 49103 office 269/471-3010 ^ Fax 269/471-7237 ~. John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 November 28, 2006 www.stjosephcountyindiana.com The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 Fax 574 235-9813 RE: A proposed ordinance and site development plan of Carmine & Maria Martino to zone from "R" Single Family Residential District(County) to "MU" Mixed Use District (Parcel I) and "MF1" Urban Corridor Multifamily District (Parcel II), property located at 54759 Willis Avenue; 18301, 18349, and 18369 Vaness Street; 54723, 54748 and 54759 Burdette Street, City of South Bend - APC# 2403-06 Dear Council Members: I hereby Certify that the above referenced ordinance of Carmine & Maria Martino was legally advertised on Thursday, November 16, 2006 and that the Area Plan Commission at its public hearing on Monday, November 27, 2006 took the following action: Upon a motion by John McNamara, being seconded by Richard Warner and carried, the proposed ordinance and site development plan of Carmine & Maria Martino to zone from "R" Single Family Residential District(County) to "MU" Mixed Use District (Parcel I) and "MF1" Urban Corridor Multifamily District (Parcel II), property located at 54759 Willis Avenue; 18301, 18349, and 18369 Vaness Street; 54723, 54748 and 54759 Burdette Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. 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, ~~~ ohn W. Byorni JWB:sr Attachment CC: Carmine & Maria Martino Danch, Harner & Associates, Inc. o~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 Y ~ Staff Report APC # 2403-06 Owner: Carmine & Maria Martino Location: 54759 Willis Avenue; 18301, and 54759 Burdette Street Jurisdiction: City of South Bend 18349, and 18369 Vaness Street; 54723, 54748 Requested Action: The petitioner is requesting a zone change from R Single Family Residential District (County) to MU Mixed Use District (Parcel I) and MF 1 Urban Corridor Multifamily District (Parcel II) to allow athree-story condominium hotel facility and single family attached residential villas. This is in conjunction with an annexation into the City of South Bend and a special exception request from the Board of Zoning Appeals to allow a hotel. Land Uses and Zoning: On site: On site are three single family houses and undeveloped property zoned R Single Family District. North: To the north are two single family houses zoned R Single Family District. East: To the east across Willis Avenue is an automobile retail and service business zoned C Commercial. South: To the south across Vaness Street are apartments zoned MF2 High-Density Multifamily District and amulti-tenant retail center zoned CB Community Business District. West: To the west across Burdette Street are two single family houses zoned R Single Family District. District uses and development standards: The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to encourage a pedestrian oriented design throughout the district, and maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. The MF 1 Urban Comdor Multifamily 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 rezoning totals 2.69 acres. A three story condominium hotel is proposed on 1.83 acres located on the north side of Vaness Street east of Burdette Street and west of Willis Avenue. It will cover 29,500 square feet, or approximately 37% of the site. The paved area covers 28,487 square feet, or 36% of the site. Open space-landscaping covers 21,728 square feet, or 27% of the site. Seventy four (74) parking spaces are proposed though only 62 spaces are required; however, the Board of Public Works must approve 21 on-street parking spaces on the north side of Vaness Street. A parking variance for nine spaces from the Board of Zoning Appeals will be needed for Carmine & Maria Martino #2403-06 Page 1 of 4 the. hotel if the Board of Public Works denies on-street parking on the .north side of Vaness Street. The landscaping regulations are met without a variance. Fourteen condominiums that are two stories in height are proposed on 0.86 acres located on the west side of Burdette Street. The condominiums will cover 13,440 square feet, or approximately 36% of the site. Parking will be on the first story. The paved area is 10,193 square feet, or approximately 27% of the site. Open space-landscaping will cover 13,829 square feet, or approximately 37%. The landscaping regulations are met without a variance. Zoning and land use history & trends: On May 8, 2006, the Common Council annexed and rezoned 54670 Willis Avenue from R Single Family District to MF 1 Urban Corridor Multifamily District to construct eight townhouses (APC#2364-06): On December 20, 2005, the Area Plan Commission recommended unfavorably for rezoning the northwest corner of Vaness Street and Willis Avenue from R Single Family District to MU Mixed Use District in order to construct a restaurant, retail shops, and apartments (APC#2351- OS). On May 11, 2004, the County Council rezoned 54585, 54619, and 54689 Willis Avenue from R Single Family District to R-2 Residential District to allow attached villas and single family houses (APC#2256-04). Traffic and transportation considerations: Vanes Street, Willis Avenue, and Burdette Street are two lanes each. Utilities: The site will be served by public water and sewer from the City of South Bend. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Goal 2. Objective C: the planning area. Goal 3. Objective neighborhood forms. Develop quality business areas to meet the retail and service needs of C: Encourage new development to take place in traditional This petition is consistent with the Comprehensive Plan economic and neighborhood objectives. Land Use Plan: The Comprehensive Land Use Plan does not make a recommendation for this area. However, the proposed South Bend City Plan recommends mixed use for the area. 2. Current conditions and character: The area surrounding Vaness Street, Willis Avenue, and Burdette Street have a variety of uses. The area north of Vaness Street has single-family houses and the approved Irish Crossing quad- plex development, while the south side of Vaness Street contains Turtle Creek apartments. The character of the area between South Bend Avenue and east of Willis Avenue is commercial and Carmine & Maria Martino #2403-06 Page 2 of 4 v x multi-family. The character of the area west of Burdette Street is single family and university athletic facilities. 3. Most desirable use: The most desirable use is for single family, multifamily, or a mixture of service/residential land use. 4. Conservation of property values: The surrounding commercial and multifamily property values should be conserved with the MU and MF 1 rezonings; however, the surrounding single family homes need to be appropriately buffered to protect their property values. 5. Responsible development and growth: It is responsible development and growth to allow sites to be appropriately redeveloped in keeping with the surrounding area. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to written commitments that prohibit restaurant and retail uses and to prohibit access to Burdette Street from the hotel/ condo project. Analysis: The MF1 Urban Corridor Multifamily District is compatible with the existing multifamily zoning and :and use located on the south side of Vaness Street, and to the north between Burdette Street and Willis Avenue, and east of Willis Avenue. The MF1 district is consistent with recent Common and County Council rezoning decisions establishing multifamily in this area. The property on the north side of Vaness Street is located in a transitional area between the commercial corridor of South Bend Avenue to the south and east, the university use to the west of Twyckenham Drive, and multifamily zoning and land use north of the site and to the south of Vanes Street. Vanes Street is only a few blocks long, and it is an active pedestrian link between the University of Notre Dame campus and South Bend Avenue. The proposed condominium- hotel is residential in character, and will remain so with the recommended commitments. The site plan meets all residential landscape buffering requirements. The rezoning allows the use of mostly undeveloped property (there are only two existing houses covering 2.69 acres). It is unlikely that owners in this transitional area will invest in constructing single family houses as it is currently zoned. The South Bend City Plan recommends mixed use for the area. 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