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Home My WebLink AboutSUBTITUTE Bill No. 36-22 Amending The Zoning Ord. For Property Located 300 St. Louis Blvd.P LAN coNi)County-City Building City of South Bend 227 W.Jeffe-son Blvd. 14005 South Bend, IN 46601 PLAN COMMISSION 574) 235-7527 www.southbendin.gov/zoning 43748US14E020"'° i L OCT i82072 Tuesday,October 18,2022 South Bend Common Council 227 W. Jefferson Blvd.,4th Floor South Bend, IN 46601 Re: Bill#36-22-A proposed ordinance of RIVER CITY REAL ESTATE LLC to zone from NC Neighborhood Center to U3 Urban Neighborhood 3,property located at 300 ST LOUIS BLVD,City of South Bend- PC#0112-22 Dear Council Members: I hereby Certify that the above referenced ordinance of RIVER CITY REAL ESTATE LLC was legally advertised on September 9,2022 and that the South Bend Plan Commission at its public hearing on October 17,2022 took the following action: Upon a motion by Jason Piontek,being seconded by John Martinez and unanimously carried,a proposed ordinance of RIVER CITY REAL ESTATE LLC to zone from NC Neighborhood Center to U3 Urban Neighborhood 3,property located at 300 ST LOUIS BLVD,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing. Minutes of the public hearing are available in our office and will be posted on our website once approved. This is a SUBSTITUTE BILL.The Ordinance has been amended to update the legal to more accurately reflect the property in question. Sincerely, A-4- M. C9741/C Angela M. Smith Zoning Administrator Attachment CC: RIVER CITY REAL ESTATE LLC Abonmarch RIVER WALK LLC Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission Presider,t Fig r'^ 't's Office SUBSTITUTE BILL NO. 36-22 OCT 18 2022 ORDINANCE NO. 10874-22 DAWN M.JONES CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 300 ST LOUIS BLVD. COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request to rezone the properties from NC Neighborhood Center to U3 Urban Neighborhood 3 to unify the zoning of a split zoned lot 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 LOTS 274, 275, 268, 269, AND THE ADJACENT VACATED NORTH- SOUTH ALLEY IN SAMUEL L. COTTRELL'S FIRST ADDITION TO LOWELL,BEING IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN RIVER WALK SUBDIVISION AS RECORDED AS INSTRUMENT NUMBER 1712454 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, IN DIANA; THENCE SOUTH 85°25'35" WEST ALONG THE NORTHERLY LINE OF SAID LOT 1, 177.50 FEET; THENCE SOUTH 79"23'42" WEST ALONG SAID NORTHERLY LINE, 135.61 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ST. LOUIS AVENUE, ALSO BEING A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 205.00 FEET, SUBTENDED BY A CHORD LENGTH OF 9.59 FEET, BEARING NORTH 30"24'52" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AND SAID EASTERLY RIGHT-OF-WAY, 9.59 FEET; THENCE NORTH 77"55'02" EAST, 66.33 FEET; THENCE NORTH 60"14'35" EAST, 29.01 FEET; THENCE NORTH 85"38'42" EAST, 179.74 FEET; THENCE NORTH 89"18'31" EAST, 45.77 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF ST. PETER'S STREET; THENCE SOUTH 00°16'43" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE, 11.65 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINING 0.10 ACRES, MORE OR LESS, AND SUBJECT TO ALL COVENANTS, RIGHT-OF-WAY, AND EASEMENTS OF RECORD. be and the same is hereby established as U3 Urban Neighborhood 3 District 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 OCT 18 2022 1 DAVt1N.M.JONES CITY CLERK,SOUTH BEND,IN I 2 - Staff Report °PC#0i 12"22 t t ;• 'r t,4 p$,%• `` October1,7, 2022 ) Property Information Location: 300 ST LOUIS BLVD Owner: RIVER CITY REAL ESTATE LLC Requested Action Rezone from NC Neighborhood Center to U3 Urban Neighborhood 3 Variance(s): 1) From the 5' minimum side setback for parking to 0' Project Summary Rezone approximately 0.10 acres of land to match the existing adjacent zoning to the south to allow for the construction of a townhome project as a part of the overall River Walk development. Location Map I r S r e V s 1 " r I E rrir c \N LL l', J.,I' S. i I kms+ f U F. i..< s.tt 4;._-.2 '.A -_ its 1 1 ! Recommendation Staff Recommendation: Based on the information available prior to the public hearing, the staff recommends the Commission approve the variance as presented. The staff recommends tie Commission forward the rezoning to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 5 y 40 Z abed NOISSIININOO NVld dN39 H1f)OS i4",,)Z,-; i I., gyP y 0, . _ .:; 1 t71';;;*;/,' ,1,,F:\,1 1 ‘-j-,r ri 1/ t v,,,,,,,,,,,,..11.-=.,,-_-,k; lu ' 'gIiIl°IJ11I? ilrir:i;,;4';';'' J "% 4,,,,,,,,,,,,,,,,, i „ 0 g ks1l a° • . 3dwo•,,m.t•MI E1I - Iy • oamoryim ,, s6 S 3-i' s INaaI ggS I sh`1- 1. I_s In O ED' rl a; 3'p>' x. Tt7- L !__-- - -- .{ ',. r tom. r2i Y Z I-iT- — Fir I—II II i w yd€ RAp34n R 9 R -ztl H 2 D a 3. i2A4;VRs 8 8$ -Z t9e3.1! ° fanoRDaBoRoo ,i i c° 'a°'z2 8 - . a R>g:.aa'gii1 3 L - S,x;i4g_i R g kgv s ! miliviviimilg 3x A s ,'R6S 3 §4AlgE . $ n; fl H g Is?1!1 g/aFhleg E• Q a fig i 1 i t g 6 ii g s S l £$>`$g43 RRi.7 a v B yYR 3 fP5 ! q, aQ a 4I D y Es I @ 1S > !Mid t gt§ Cs. SOffigii%;. pa_ i i p S l z F`.`g1- p3 04. gg g.i 1 a Sys ngip -.,:c,:-. . .5I• • . p-•^R'F G 3j filFRages$fft$t B g I@ —k!'E g g P -gD g$-gd e! to i Ole y a~ Cs e v_$ 3 3. 1'R'4§ p a PP 56V , Oi A2 '-'3R' I Y 2- F <' R o I-4 :" t@'1=4 • 4 f `` ' 1 f 1 I~ ry SUPPOR DAIASNEE ONABONMARCHE a61' 5P A - THE POINTE AT RIVER WALK MINOR SUBDIVISION N llids 1iii,.... • I SEC.12-T37N-R2E f Ueld en pasodoid ZZOZ/L l/04 ZZ-Z I.I.0#Od-iodej JIM Staff Report-PC#0112-22 10/17/2022 Site & Context Land Uses and Zoning: On site: On site is a vacant lot. North: Medical Office zoned NC Neighborhood Center. East: Across S St. Peter St., are single unit dwellings zoned U1 Urban Neighborhood 1. South: Across Northside Blvd., is Howard Park zoned OS Open Space. West: Across S St. Louis Blvd., is Howard Park zoned OS Open Space. District Intent: The U3 District is established to provide for, promote, and maintain the development of a full range of housing types located near neighborhood centers and along major streets in urban neighborhood centers and along major streets in urban neighborhoods in core and outlying areas of the City. Site Plan Description: The proposed rezoning is for a small portion of property on the south side of the existing office complex. The portion of property the extends from the retaining wall to the south will be transferred to the adjacent property owner for a larger development. The property it will be combined with is currently zoned U3 Urban Neighborhood 3. Zoning and Land Use History and Trends: The surrounding properties have seen a marked changed in the past 15 years from single family homes and light industrial uses to primarily dense single family and townhomes with the construction of housing on the old TRANSPO Depot site just across the street from this parcel. Traffic and Transportation Considerations: St. Peter Street is a two lane street with on-street parking. St. Louis Boulevard is a two lane street with no on-street parking on this section. Northside Boulevard is a two lane street with limited on-street parking. Agency Comments Agency Comments: There are no agency comments at this time. Staff Comments: A minor subdivision is required to avoid a split zoned lot. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential. SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0112-22 10/17/2022 Plan Implementation/Other Plans: The petition is consistent with The Howard Park Neighborhood Plan (2012), which encourages an increase of residential opportunities in the neighborhood, specifically "Preferred Direction#4 Promote the continuation of historic density, street patterns and open space." 2. Current Conditions and Character: The neighborhood is currently evolving to a medium density residential area with a mix of dense single family homes, duplexes, and townhouses. 3. Most Desirable Use: The most desirable use, at this time, is medium density residential, that will fit the established character of the neighborhood. 4. Conservation of Property Values: Allowing this property to add units should help continue the residential growth in a reasonable manner while providing diverse housing options in a desirable neighborhood. 5. Responsible Development and Growth: It is responsible development and growth to allow property owners to divide lots in a manner that follows the natural terrain of the site. tVariance(s) The petitioner is seeking the following variance(s): 1) From the 5' minimum side setback for parking to 0' State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community. The approval should not be injurious to the public health, safety, morals or general welfare of the community. The variance is due to the creation of the new subdivision. The parking already exists and is remaining unchanged. 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. The use and value of the adjacent are should not be affected in a substantially adverse manner. There is a substantial grade change between the existing parking and the adjacent lot. The property most impacted by the variance is the southern property owner whom is acquiring this portion of the lot and fully aware of the condition. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Strict application of the zoning ordinance would either require the loss of parking spaces for the current office use on the site or prevent the transfer of property for orderly development to the south. 4)The variance granted is the minimum necessary. The variances requested are the minimum necessary to allow for the subdivision to be approved. 5)The variance granted does not correct a hardship caused by a former or current owner of the property. While the practical difficulty is being created by the desire to incoprporate this portion of the lot with the adjacent lot, it is a reasonable request to allow appropriate development on the southern lot. SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0112-22 10/17/2022 Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to U3 Urban Neighborhood 3 will allow for continued residential growth in the neighborhood while not drastically changing the established character. Recommendation: Based on the information available prior to the public hearing, the staff recommends the Commission approve the variance as presented. The staff recommends the Commission forward the rezoning to the Common Council with a favorable recommendation. rYlvwi i OCT 18 2022 I_____ CA.N;W.JONES I CITY CLERK,SOUTH BEND, IN SOUTH BEND PLAN COMMISSION Page 5 of 5