HomeMy WebLinkAbout9742-07 Rezoning 3111 Corby - District 4ORDINANCE No.
9742-07
Passed by the Common Council of the Ciry ofSoutlz Bend, Indiana
March 12, 2007
Attest:
Attest:
Presented by me to tl:e Mayor of the City of South Bend, Indiana
March 13,
07
20 _
Ciry Clerk
President of Common Council
Ciry Clerk
Approved and signed by me Ma rc h 14, 20 0 7
Mayor
ORDINANCE NO. ~ ~ ~ ~' ~
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 3111 CORBY BLVD, COUNCILMANIC DISTRICT 4, IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
We would like to change the zoning from SFl Single
Family and Two Family District to MF1 Urban Corridor
Multifamily District.
NOW THEREFORE BE IT ORDAINED by the Common Council of
the City of South Bend, Indiana as follows:
SECTION I. 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:
A PART OF LOT NUMBERED 793 OF MCKINLEY TERRACE ADDITION, SECTION "B"
WHICH IS RECORDED IN PLAT BOOK 18, PAGE "Mc" IN THE OFFICE OF THE
REORDER OF ST. JOSEPH COUNTY, INDIANA AND BEING ALL OF THE LAND
FORMERLY DESCRIBED IN RECORDED INSTRUMENT NO. 0555345 IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THE "POINT OF BEGINNING" BEING THE SOUTHWEST CORNER OF LOT NUMBERED 806
OF MCKINLEY TERRACE, SECTION "C" WHICH IS A SUBDIVISION OF A PART OF
SAID LOT NUMBERED 793 AND BEING RECORDED IN PLAT BOOK 20, PAGE "Mc" IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA;
THENCE NORTH 00°00'06" EAST, ALONG THE WEST LINE OF SAID SECTION "C" A
DISTANCE OF 450.00 FEET;
THENCE NORTH 89°42'43" WEST A DISTANCE OF 40.00 FEET;
THENCE NORTH 00°00'06" EAST A DISTANCE OF 179.88 FEET (CITED IN PRIOR
DEED AS 180.00 FEET) TO THE NORTH LINE OF LOT NUMBERED 793;
THENCE NORTH 89°42'43" WEST, ALONG THE NORTH LINE OF LOT NUMBERED 793 A
DISTANCE OF 164.10 FEET (CITED IN PRIOR DEED AS 164.34 FEET) TO THE
NORTHWEST CORNER OF LOT NUMBERED 793:
THENCE SOUTH 00°00'00" WEST, ALONG THE WEST LINE OF LOT NUMBERED 793 A
DISTANCE OF 629.88 FEET (CITED ON RECORDED SUBDIVISION PLAT AS 630.00
FEET) TO THE SOUTHWEST CORNER OF LOT NUMBERED 793;
THENCE SOUTH 89°42'43" EAST, ALONG THE SOUTH LINE OF LOT NUMBERED 793
AND THE NORTH LINE OF CORBY BOULEVARD A DISTANCE OF 204.08 FEET TO THE
"POINT OF BEGINNING".
CONTAINING 2.786 ACRES, MORE OR LESS.
be and the same is hereby established as MF1 Urban Corridor Multifamily
District.
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.
4 ^
Member of Common Council
Attes
Ci erk
Presented by me to the Mayor of the City of South
Bend, Indiana on the 3~ day of ~~ 2 00~ ,
at 2`` S~ o'clock ~. m.
r--- C~%~
City Clerk
~~jj~~ Approved and signed by me on the f ~ ~ day of
//~G~.~i , 200 at ~: 2S o'clock m.
1st READING `'~_a 1 -i-,~v,,-`~ ~!
PU6LIC HEARING 3 -lL'~~ ~" S S O`bJ ~ '1 ~
3 rd P.Er~,DiNG 3 -~ L-~ 1 0.S S u~ 5-~-~~'~
NOT APPROVED
Pe~E>~ 3,\Z-~ 7 Ct 5 Su-~ 5~+~
/~- ,~`"_
Mayor, City o South Bend, Indiana
Filed In Clerk's Office
JAN 2 5 2001
JOHN VOORDE
CITY CLERK, S0. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
3-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 3111 CORBY BLVD, COUNCILMANIC DISTRICT 4, 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 as
substituted.
Karen L. White
Chairperson
Date Filed Application No.
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:
3111 Corby Blvd, South Bend, IN 46615
2) Name and address of property owner(s) of the petition site:
Patrick J. Matthews & Aimee G. Matthews
52127 Fall Creek Drive
Granger, IN 46530
3) Name and address of contingent purchaser(s), if applicable:
4) It is desired and requested that this property be rezoned
from SF1
to MFl
5) This rezoning is requested to allow the following use(s):
Residential Development
6) Attached is a copy of (a) legal description of the properly; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all properly owners within 300 feet of the
petition property (e) a location map, if a a table, drawn to scale, which includ street na es, rinted in 8' 2"
x 11"format. ~ ~ /~ l~~
Signature(s) of All Property owner(s)
or Attorney for all property Owner(s)
PETITION PREPARED BY:
David M. Matthews
PO Box 338, Notre Dame, IN 46556
David@DMTMinc.com
Cg`s) yob 3eYl
~il~d dr- Gtl~r~~'~ ~~~ce
JAN " 3 2007
JOHN cp ~~E~dD,1N.
C11'Y c~~~~,
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813
February 21, 2007
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 Patrick J. Matthews and Aimee G.
Matthews to zone from SF1 Single Family and Two Family District to MF1 Urban Corridor
Multifamily District, property located at 3111 Corby Boulevard, City of South Bend - APC#
2417-07
Dear Council Members:
I hereby Certify that the above referenced ordinance of Patrick J. Matthews & Aimee G. Matthews
was legally advertised on Wednesday, February 7, 2007 and that the Area Plan Commission at its
public hearing on Tuesday, February 20, 2007 took the following action:
Upon a motion by Gary Gilot, being seconded by Daniel Brewer and carried, the
proposed ordinance and site development plan of Patrick J. Matthews and Aimee G.
Matthews to zone from SF1 Single Family and Two Family District to MF1 Urban
Corridor Multifamily District, property located at 3111 Corby Boulevard, City of South
Bend is sent to the Common Council with a favorable recommendation, subject to written
commitments that the project will not exceed 30 units. The unique shape and history of
this property will make developing detached single family homes difficult. The
commission believes this property could be better used as medium density residential or
a low density office area.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used
for the Common Council's first reading. The amended Ordinance was legally advertised and heard by
the Area Plan Commission.
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,
hn B I orn~~U_ _ -_ ".
Y
JWB:sr
Attachment
CC: Patrick J. Matthews & Aimee G. Matthews
David M. Matthews
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
_~
Staff Report
APC # 2417-07
Owner: Patrick J. Matthews & Aimee G. Matthews
Location: 3811 Corby
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF1 Single Family and Two Family District to
MF1 Urban Corridor Multifamily District to allow residential development.
Land Uses and Zoning:
On site: On site is an abandoned community pool and parking lot.
North: To the north are single family homes zoned SF1 Single Family Residential
District.
East: To the east are single family homes zoned SF1 Single Family Residential
District.
South: To the south are single family homes zoned SF1 Single Family Residential
District.
West: To the west is an apartment complex zoned MF2 High- Density Multifamily
District.
District uses and development standards:
The "MF1" 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 is approximately 2.786 acres. There are 42 proposed two-story, three bedroom multi-
family dwelling units at a density of 15.5 units per acre. Buildings will cover approximately 28%
of the site. Concrete and pavement will cover an additional 30% of the site. The remaining 42%
of the site will consist of open space. There will be one access point on Corby Boulevard. 42
parking spaces will meet the minimum required by the MF1 zoning ordinance. The current
design of the site does not allow space for any additional amenities, such as recreational space or
additional parking.
Traffic and transportation considerations:
Corby Boulevard has two lanes.
Utilities:
The site will be served by municipal sewer and water.
Patrick J. Matthews & Aimee G. Matthews
#2417-07
Page 1 of 4
5 Criteria (per IC 36-7-4-603):
1. Comprehensive, Plan:
Policy Plan:
City of South Bend -City Plan, November 2006
Urban Design Policy UD 1.6: Respect the scale, design, and aesthetic quality of
established neighborhoods when undertaking infill development projects.
The rezoning as proposed, conflicts with the Comprehensive Plans Urban Design policy.
South Bend and St. Joseph County Indiana, April 2002
Goal 3. Objective C. Policy v: Residential developments should be designed to include
adequate open spaces in either private yards or common areas to partially provide for
residents' open space and recreation needs.
The rezoning conflicts with the Comprehensive Plans neighborhood policy.
Land Use Plan:
City of South Bend -City Plan, November 2006
The Future Land Use Plan identifies this area as Low-Density Residential.
The rezoning conflicts with the Comprehensive Plans future land use plan. Although the
rezoning conflicts with the comprehensive plan the staff believes the history of the site and
its unique shape are not conducive to detached single family residential development.
South Bend and St. Joseph County Indiana, Apri12002
The Comprehensive Plan make no specific recommendation for this site.
2. Current conditions and character:
The site is currently an abandoned community pool.
3. Most desirable use:
The most desirable use for the site is low to medium density residential.
4. Conservation of property values:
The surrounding residential property values may not be conserved with the rezoning.
5. Responsible development and growth:
It is responsible development and growth to allow in the infill and redevelopment of abandoned
property.
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 a written
commitment that the project not exceed 7.5 units per acre; however if the petitioner does not
wish to commit to a maximum density requirement of 7.5 units per acre, the staff recommends
unfavorable.
Patrick J. Matthews & Aimee G. Matthews
#2417-07
Page 2 of 4
Analysis• '
The unique shape and history of this property will make developing detached single family homes
difficult. The staff believes this property could be better used as medium density residential or a
low density office area. However the proposed density of the site is over twice that of the
adjacent multi family area and almost three times the adjacent single family area to the east. This
density is in keeping with the density of the multi-family development to the west. Lowering the
density to a maximum of 7.5 units per acre would all for a more compatible buffer against the
single family areas to the east.
Patrick J. Matthews & Aimee G. Matthews
#2417-07
Page 3 of 4
Kent 1
0
E
to
M_
~u
SF1 ~ SF1
Rezoning from:
"SF1" SINGLE FAMILY & TWA FAMILY to
- ~' "MF1" URBAN C~RRID~R MULTIFAMILY ' "
N
Zoning -Key -
SOUTH BEND- "MF2"
HGH-DENSITY MULTIFAMILY
SDUTH BEND- °SF1"
SINGLE FAMILY & TWD FAMILY
Owner of Record Property Key Property Address 1 Mailing Address 1 Mailing City Mail State Mail Zip
Code
Weller Lloyd A. And Patricia A. 018-5175-6691 3041 Salem Dr 3041 Salem Dr. South Bend IN 46615
Bryner Ralph A Jr And Elizabeth A 018-5175-6684 822 Woodcliff Dr 822 Woodcliff Dr South Bend IN 46615
Mihay John & Janeile M 018-5175-6685 828 Woodcliff Dr 628 Woodcliff Dr South Bend IN 46615
Park Chung I & Pilsoo % Hana Yori Of Japan Inc 018-5175-6699 3205 Salem 3601 Grape Rd Mishawaka IN 46545
Wilson Dolores Z 016-5175-6698 3201 Salem Dr 2402 E Wilson Av South Bend IN 46615
Hickey Julieann M - - 018-5175-6697 3121 Salem Dr 3121 Salem Dr South Bend IN 46615
Niewolak Timothy & Cathey Nellie R 018-5175-6696 3117 Salem Dr 3117 Salem Dr South Bend IN 46615
Glick Dennis R & Diane M 018-5175-6695 3113 Salem Dr 58433 Westwood Dr South Bend IN 46619
ABN AMRO Mtg Group Inc 018-5175-6694 3109 Salem Dr 7159 Corklan Dr Jacksonville FL 32258
Lewis Keith A 018-5175-6693 3105 Salem Dr 3105 Salem Drive South Bend IN 46615
Chomyn Martha J 018-5175-6692 3101 Salem Dr 3101 Salem Dr South Bend IN 46615
St John Of Damascus Melkite Greek Catholic
Communi Inc Attn Pastor St John Of Damascus Ch 018-5178-6771 839 Woodcliff 839 Woodcliff Dr South Bend IN 46615
Decoudres Neil W 018-5175-6686 834 Woodcliff Dr 834 Woodcliff Dr South Bend IN 46615
Steinke Theodore O And Olive I 018-5175-6712 3024 Corby 3024 Corby Blvd South Bend IN 46615
Tm investment Corp 018-5175-6701 3212 Corby P O Box 8195 South Bend IN 46660
BSP BUSINESS SOLUTIONS PROVIDERS LLC 018-5175-6702 3208 Corby PO BOX 1123 Notre Dame IN 46556
Haines Jeanette W 018-5175-6703 3202 Corby 3202 Corby BI South Bend IN 46615
Bahtic Nusret & Jasminka 018-5175-6704 3132 Corby 3132 Corby BI South Bend IN 46615
Park Chung I & Pil S 018-5175-6705 3126 Corby 3601 Grape Rd Mishawaka IN 46545
Kiene Fran A And Karen D 018-5175-6706 3120 Corby 3120 Corby St South Bend IN 46615
GOULD THOMAS A 018-5175-6707 3116 Corby 3116 CORBY BLVD South Bend IN 46615
Hill Loretta 016-5175-6708 3110 Corby 3110 Corby South Bend IN 46615
Reidenbach Shannon 018-5175-6709 3104 Corby 3104 Corby Blvd. South Bend IN 46615
Beard Joe L & Allie 018-5175-6710 3038 Corby 3038 E Corby Blvd South Bend IN 46615
Hensler Theron A. And Lois A. 018-5175-6711 3032 Corby 3032 Corby BI South Bend IN 46615
Donaldson Marc H. And Barbara H. 018-5199-7702 3131 Corby BI 3131 Corby Blvd South Bend IN 46615
Fahey Lillian T
Trustee of the Lillian T Fahey Living Trust
W/ Life Estate 018-5199-7703 3207 Corby BI 3207 E Corby South Bend IN 46615
Hail Wallace A & Carolyn J 018-5199-7690 3221 E Corby BI 3221 E Corby St South Bend IN 46615
Merrill Christopher M 018-5199-7701 911 Simon Ct 911 Simon Ct South Bend IN 46615
Yeselevich Michael & Loginova Vera 018-5199-7704 912 Simon Ct 912 Simon Ct South Bend IN 46615
MAYO JACK & MICHELLE 018-5199-7691 911 Manchester 911 MANCHESTER
DR South Bend IN 46615
Goss Michael P 018-5199-7700 917 Simon Ct 917 Simon Ct South Bend IN 46615
Kerby Robert L And Mary R 018-5199-7705 918 Simon Ct 918 Simon Ct South Bend IN 46615
Spahic Fahrija & Seveda 018-5199-7692 919 Manchester Dr 919 Manchester Dr South Bend IN 46615
Nickerson Raymond E & Cheryl A 018-5199-7699 923 Simon Ct 923 Simon Ct South Bend IN 46615
Murphy D Kathleen 018-5199-7706 924 Simon Ct 924 Simon Ct South Bend IN 46615
Henion Douglas Jerry 8 Mary Ann 018-5199-7693 929 Manchester Dr 929 Manchester South Bend IN 46615
Dreibelbis John M And Sandra S 018-5199-7698 929 Simon Ct 929 Simon Ct South Bend IN 46615
Housemeyer Kevin P And Anne M 018-5199-7707 930 Simon Ct 930 Simon Ct South Bend IN 46615
Hannah Brenda & Saunders Donald D as JT W/ FRGS
not TIC 016-5199-7694 935 Manchester Dr 935 Manchester Dr South Bend IN 46615
Notre Dame Federal Credit Union 018-5199-7697 935 Simon Ct P.O. Box 7878 Notre Dame IN 46556
Peterson Kenneth R & Pamela H 018-5199-7696 936 Simon Ct 936 Simon Ct South Bend IN 46615
Kane Marilyn M 018-5199-7695 1003 Manchester Dr 1003 Manchester Dr South Bend IN 46615
HORVAT PAUL V 018-5189-742101 3111 Corby BI 218 E BORLEY Mishawaka IN 46545
Evangelical Lutheran Church Of Good Shephard 018-5189-742103 1021 Manchester Dr 1021 Manchester South Bend IN 46615
Shuman John H Jr 018-5189-7349 3104 Voll 3104 Voll Ln South Bend IN 46615
Funnell Larry D & Marialyce H 018-5189-7348 3710 Voll 3110 Voll Ln South Bend IN 46615
Andrews William Greg 018-5189-7347 3116 Voll 3116 Voll Ln South Bend IN 46615
BSP BUSINESS SOLUTIONS PROVIDERS LLC 018-5189-7346 3122 Voll PO BOX 1123 Notre Dame IN 46556
Crawford Audrey L 018-5189-7345 3128 Voll 3128 Vofl Ln South Bend IN 46615
Srymanowski Matthew 018-5189-7344 3204 Voil 3204 Voll South Bend IN 46615
Crichlow Gail L 018-5189-7343 3210 Voll 3210 Voll Ln South Bend IN 46615
Corby Apartments 018-5209-7867 3001 E Corby P O Box 730 Mishawaka IN 46546
Finch Paul V And Barbara J 018-5189-7359 3103 Voll 3103 Voll Lane South Bend IN 46615
Lile William T And Teresa M 018-5189-7358 3109 Voll 3109 Voll Ln South Bend IN 46615
Berlincourt Kent M & Misty 018-5189-7357 3115 Voll 3115 Voil Ln South Bend IN 46615
Ouding Jerome H & Christine J 018-5189-7356 3121 Voll 11431 Goldenview Dr Granger IN 46530
Anderson John & Bertha Family Foundation 018-5189-7355 3127 Voll 56270 Harman Dr Mishawaka IN 46545
Rowland John H. And Eileen M. 018-5189-7354 3203 Voll 3203 Voli Lane South Bend IN 46615
Arevalo Rommel & Liwayway 018-5189-7353 3209 Votl 51722 Wintlyridge Dr South Bend IN 46628
918 Simon Court
South Bend, IN 4661 S
13 February 2007
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, IN 46601
$~: Proposed Site Development Plan for
3111 Corby Boulevard, South Bend
APC #2417-07
Dear Sirs:
~~CEo~sEt~
FEB 15 2007
AREq PLAN COMMISSION
As a property owner neighboring the site in question, may I
respectfully register opposition to the proposed rezoning to MF1
and site development plan for 3111 Corby Boulevard, APC #2417-
07.
The objections raised by the Area Plan Commission's Staff Report,
published 12 February, are cogent and.to the point.
Under the definition provided for an "MF1" district, this is not a
"developed" area of the community "served by a full range of public
amenities" nearby. The closest shops are on or above Edison Road,
or at Town and Country Shopping Center.
With the exception of the Corby Homes apartment complex, zoned
MF2, the entire neighborhood is currently zoned SF1. Homes on
Simon Court are privately owned. Those nearby are mostly
privately owned homes, along with some well-maintained rentals.
Generally speaking, the neighborhood is economically and socially
integrated, peaceful, and calm.
The proposed high-density development is completely out of
character for this area. As noted by the Staff Report, it conflicts
with both the City's Urban Design policy and its Future Land Use
Plan; disregards the property's most desirable use; and threatens
nearby property values.
Area Plan Commission / 13 Feb 07 / 2
A proposed population density "over twice" that of Corby Homes,
and "almost three times" that of Simon Court, without recreational
space or additional amenities, cannot fail to impact adversely on the
neighborhood. Consider parking, if nothing else. The petitioner
proposes 42 three-bed units, with the minimum-required single
parking space for each. There would be no spaces for second cars,
visitors, or commercial vehicles. Of necessity, the overflow would
crowd Corby Boulevard (ahigh-density two-lane bus- and snow
route), Simon Court (a cul-de-sac), Woodcliff Drive, and perhaps
other streets.
Other problems attendant upon such a project might also be
mentioned.
Thank you for your consideration.
Yours sincerely,
~~~~~
Robert L Kerby
(574)233-5338