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Home My WebLink AboutBill No. 19-22 Amending the Zoning Ordinance For Property Located NW Corner of Corby Blvd and Hickory Rd (2) PLANC-0 County-City Building City of South Bend 227 W.Jefferson Blvd. 1400S � o Z South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning F�ABLISHED ta� ........,,. ......... ._._._ _.... _. _...__ ____. _ _._.._. ......... ....... ... ......._.__........ ......_._ _............... Fred Cled"S Office April 19, 2022 R 1 2022 Honorable Committee Chair Hamann NIvl JONES4tf' Floor, County-City Building CITY , SOUTH BEND, IN South Bend, IN 46601 RE: NW CORNER OF CORBY BLVD AND HICKORY RD PC#0098-22 Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Also included is the application submitted by the petitioner. Please include the attached Ordinance on the Council agenda for first reading at your April 25", 2022 Council meeting, and set it for public hearing at your May 23th, 2022 Council meeting. The petition is tentatively scheduled for public hearing at the May 16th, 2022 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Request to rezone the property from NC Neighborhood Center district to S2 Suburban Neighborhood district to allow for a Residential Care Facility. If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer ........... Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President City of South Bend PLAN COMMISSION Petition for Rezoning or Combined Public Hearing Property Information Filed in Clerk's Tax Key Number018-5201-773001 Office Address900 Block of North HickoryRoad, South Bend, IN 46615 u 2�22 Owner: Benton Square LLC Legal Description: CITY CLERK,-'I vVNg�iJONEg OJTH RND A PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF-' tN SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA BEING LOT NUMBERED THREE (3) AS SHOWN ON THE RECORDED PLAT OF "CAMDON PARK ON HICKORY SECOND MINOR SUBDIVISION" AS SHOWN BY DOCUMENT NUMBER 0244655 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS,AND RESTRICTIONS OF RECORD. Project Summary Petitioners are rezoning their property from NC Neighborhood District to S-2 Suburban Neighborhood District to allow for a Memory Care facility. As part of rezoning request, they are also asking a variance from 25 ft. Front-yard setback for parking along Hickory Road to 15 feet. Requested Action Application includes (check all that apply) ❑✓ Rezoning Current District: S2 Suburban Neighborhood 2 Additional Districts, if applicablE Proposed District S2 Suburban Neighborhood 2 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: (1) The comprehensive Plan,- (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: ❑✓ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1). From the required 25 ft. Front-yard setback along Hickory Road for parking spaces to a minimum of 15 feet. Required Documents ❑✓ Completed Application (including Contact Information) ❑✓ Site Plan drawn to scale ❑✓ Filing Fee ❑ Additional documents as noted above City of South Bend BOARD OF ZONING APPEALS Petition •r Variance - Special Exception Property Information F. Tax Key Number: 018-5201-773001 r Address: 900 Block of North Hickory Road, South Bend IN 46615 / �SOc Owner: Benton Square LLC Zoning: S2 Suburban Neighborhood 2 SOS ONE Project Summary: FNO�N Petitioners are rezoning their property from NC Neighborhood District to S-2 Suburban Neighborhood District to allow for a Memory Care facility. As part of rezoning request, they are also asking a variance from 25 ft. Front-yard setback for parking along Hickory Road to 15 feet. Requested Action ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: ❑✓ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1). From the required 25 ft. Front-yard setback along Hickory Road for parking spaces to a minimum of 15 feet. Required Documents ❑✓ Completed Application (including Criteria for Decision Making and Contact Information) ❑✓ Site Plan drawn to scale ❑✓ Filing Fee Feed in Clerk's Office Criteria for Decision Making- if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The proposed variance will allow parking to be placed closer to Hickory Road, wl- (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The adjacent areas to the petition site would not be affected by placing parking cl (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The intent of the City Ordinances is to maintain appropriate buffers between land (4) The variance granted is the minimum necessary, because: The Variances as requested are the minimum based on the proposed layout for t (5) The variance does not correct a hardship caused by a former or current owner of the property, because: The requested Variances do not correct a hardship caused by a former owner be Contact • • Property owner(s) of the petition site: Name: Benton Square LLC e Address: 2400 Miracle Lane 4pR /4�OZ r o' '''V/y i 2 Sa��NHS Name: yeE^lD rV Address: Name: Address: Contact Person: Name: Michael Danch - Danch, Harper and Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 Phone Number: 574-234-4003 E-mail: mdanch@danchharner.com, gshearon@danchharner.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: CZ 'T7 CD REZONING AND VARIANCE PRELIMINARY SITE PLAN PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 38 NORTH, RANGE 3 EAST, if1 A CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. x� C7 CD LEOPL DEscwPTloN: - 7 LOT NUMBERED 3 OF—ON PM ON HICKORY SECOND MINOR SUBBMSION, _I Y/� RECORDED ON PPRIL 21.2D02 0. CUNE�R 5 DO NUMBER D'11aB.S IN THE OFFICE — 015! •( ^ L., f TNF R£LOgOEft OF Sf.J EPH COUNIY.1.— �O I y �/) Li R I s [ Z� t� TIBNATFd 51lE MTh '° V N eY 23 2). ---"_— _ 29M) I lL2]RR er-,ee9a''Yse'3HaB m �7 O 1).RCRFACE OF SITE 6KI rn lCOSIWO AD E N 5 3).PROPOSED LINO USE.._,.__.._....__....._......._MEMORY C4tE pt]LNY CD ♦).ExrsTmc z.wNc..___..._.._._..._......_..._._.._ND-NEwveoRNODo CENIEP .Q a= I— � v s) PROPOSED 20.NG...........-...._..................__....5-2 SUBURBAN NEICNBORNOOO 2 6).LINO COYERnOE FOR BOTH vgRCFl9' Te _ A BOIL —— B. ASPNALT PAVEMENT ... .. 31,J33 19.OJ & CONCPEIE PAVpEM TO-PL IM.608 100.00 ,C ' T).PROPOSED BUILDING LS ONE-STORY. iTO 1 e).BU6DING TO Be CONNECTED TO PUBLIC WATER AND SEIYER. 9).BfN:10 COMPLY 1vRN'Gltt OF SOIIDI BEN.-DI—E OICU V.NCE. 4' ISZgaN6 R¢01.EST: .• - Y 9 � IS.00' .. } .lA �LT 1). TO REZONE PROPER FROM NC-NEIGHBORHOOD CENTER TO P S-2 6UBURBM'NEIOHBOR4000 2 TO A -FOR A MEMORY CARE FICILIIY. nRNIaDE BEWEST: '..) FROM REOUIRFD MINIMUM 25 FT--0 S ILDINO SEfBKN �Gi o • IR � V - ALONC H'CKORY ROPD TO A MNIMUN FRCNf-YARD BURDING SETBACK OF 1-1 PW PROPOSED ONE-STORY BUILDING .. $ � AFRML PNOTOGA�HF/lDM1eR1 2NF i egI E p i ii 7010*SF AL I ljill� CORBY STREST (80.0' R%F) D a BY 1w �� ) BruI47 I M.-HARNER 191.32 2` ae9tmn.e.uwcma y° � °B'L'I m. I I Y I S I O N S fin RM 1 RtlLL NVI6t z2Gt 10 MJO - FileZSOU Office BILL NO. 19-22 ORDINANCE NO. 22 ES CITY CLBEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY O , INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED NW CORNER PF CPRBY BLVD AND HICKORY RD, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request to rezone the property from NC Neighborhood Center district to S2 Suburban Neighborhood district to allow for a Residential Care Facility. Petitioners desire to rezone the property from NC Neighborhood Center to S2 Suburban Neighborhood 2. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: A PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP' 38 NORTH, RANGE 3 EAST,CITY OF SOUTH BEND,PORTAGE TOWNSHIP,ST.JOSEPH COUNTY,INDIANA BEING LOT NUMBERED THREE(3)AS SHOWN ON THE RECORDED PLAT OF"CAMDON PARK ON HICKORY SECOND MINOR SUBDIVISION" AS SHOWN BY DOCUMENT NUMBER 0244655 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS,AND RESTRICTIONS OF RECORD„ be and the same is hereby established as S2 Suburban Neighborhood 2 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2022, at o'clock M. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 -