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HomeMy WebLinkAbout10.16.2023 PC Agenda Packet County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Tim Corcoran Interim Zoning Administrator Scott Ford Commission President AGENDA Monday, October 16, 2023 - 4:00 P.M. County-City Building Fourth-Floor Council Chambers www.tinyurl.com/southbendplancommission PUBLIC HEARING: A.REZONINGS - None for consideration B.MAJOR SUBDIVISIONS - None for consideration C.TEXT AMENDMENTS - None for consideration D.DEVLOPMENT PLANS - None for consideration E.COMBINED HEARINGS 1.Name:EDDY SQUARE TOWNHOMES SUBDIVISION PC#0171-23 Location:424 Frances St – South of Cedar St. between N. Frances St. and N. Eddy St. Petitioner: H & A UNIVERSITY PARALLEL LLC Requested Action: Subdivision Type: Minor Subdivision (Does not require a public hearing) Variance(s): 1) from the 3' maximum fence height in an established front yard to 6'; 2) from the maximum required building setback of 3' to 5' for lots 8 & 9;3) from the requirement that the main entrance be prominently located and visiblefrom the primary street;4)from the minimum required rear yard parking setback of 5' to 0' for lots 18-33;5) from the minimum required front yard setback for parking of 5' to 0' for lots 1-17;6) from the required walkway connection from the sidewalk to the main entrance tononeZoning: U3 Urban Neighborhood 3 2.Name:ELLIOT PROPERTIES’ QUIMBY STREET LOT LINE ADJUSTMENT PC#0173-23 Location:1023 Quimby St, 311-317 Eddy St – NW corner of Eddy St and Quimby St Petitioner: ELLIOT PROPERTIES LLC Requested Action: Subdivision Type: Lot Line Adjustment (Administrative - Does not require a hearing) Variance(s): 1) from the required 5' side yard building setback to 3.9' along the south property lineof Lot A;2)from the required 20' rear yard building setback to 2.6' for Lot A; 3)from the required 5' side yard parking setback to 3' for Lot B;4)from the required 5' rear yard parking setback to 1' for Lot B County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Tim Corcoran Interim Zoning Administrator Scott Ford Commission President 3.Name:VISION REALTY'S TWYCKENHAM DRIVE MINOR SUBDIVISION PC#0174-23 Location:1119 Twyckenham Dr – West of Twyckenham Drive approx 75' south of the centerline of Scottswood Dr R/W Petitioner: RAYCROFT MAURICE T Requested Action: Subdivision Type: Minor Subdivision (Does not require a public hearing) Rezoning: From S1 Suburban Neighborhood 1 to U1 Urban Neighborhood 1 Variance(s): 1) from the required 5' side yard setback to 4' for all side yards ITEMS NOT REQUIRING A PUBLIC HEARING: A.MINOR SUBDIVISIONS 1.Name:PC#0175-23 Location:GRANDVIEW AVENUE MINOR SUBDIVISION West of Grandview Ave 462' north of Linden Ave B.FINDINGS OF FACT – September 18, 2023 C.MINUTES – September 18, 2023 D.UPDATES FROM STAFF E.ADJOURNMENT SOUTH BEND PLAN COMMISSION Page 1 of 6 Staff Report – PC#0171-23 October 16, 2023 Property Information Subdivision Name: EDDY SQUARE TOWNHOMES SUBDIVISION Location: South of Cedar St. between Eddy and Frances Streets Requested Action Minor subdivision:The total area of the subdivision is 1.84 acres and will consist of 33 building lots. Variance(s): 1)from the 3' maximum fence height in an established front yard to 6' 2)from the maximum required building setback of 3' to 5' for lots 8 & 9 3)from the requirement that the main entrance be prominently located and visible from the primary street 4)from the minimum required rear yard parking setback of 5' to 0' for lots 18-33 5)from the minimum required front yard setback for parking of 5' to 0' for lots 1-17 6)from the required walkway connection from the sidewalk to the main entrance to none Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. The Staff recommends the Commission approve variances #2, #3, #4, and #5 and deny variances #1 and #6. SOUTH BEND PLAN COMMISSION Page 2 of 6 Staff Report – PC#0171-23 October 16, 2023 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 6 Staff Report – PC#0171-23 October 16, 2023 SOUTH BEND PLAN COMMISSION Page 4 of 6 Staff Report – PC#0171-23 October 16, 2023 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: Utility and access plans will be required in the future if site development is planned. A drainage plan will be required if site disturbances meet or exceed 2,500 sq. ft. at any time. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Utility and access plans will be required in the future if site redevelopment is planned. A drainage plan will be required if site disturbances meet or exceed 2500 sq. ft. at any time. Staff Comments: The registered surveyor on behalf of the property owner requests the following waiver from the Subdivision Control Ordinance: Section 21-11.2(c)(2) Lot Standards, more specifically every lot shall abut on a public street. Criteria for Decision Making Variance(s): The petitioner is seeking the following variance(s): 1) from the 3' maximum fence height in an established front yard to 6' 2) from the maximum required building setback of 3' to 5' for lots 8 & 9 3) from the requirement that the main entrance be prominently located and visible from the primary street 4) from the minimum required rear yard setback of 5' to 0' for lots 18-33 5) from the minimum required front yard setback for parking of 5' to 0' for lots 1-17 6) from the required walkway connection from the sidewalk to the main entrance to none 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 of variances #2, #3, #4, and #5 (building setbacks lot 8 & 9, main entrance visible from primary street, minimum required rear yard setback lots 18-33, and minimum front yard parking setback lots 1-17) should not be injurious to the public health, safety, morals and general welfare of the community as the buildings are existing and have been since 1991. No building additions are planned. The approval of variance #1 may be injurious to the public health, safety, morals and general welfare of the community as this request is not consistent with the intent of SOUTH BEND PLAN COMMISSION Page 5 of 6 Staff Report – PC#0171-23 October 16, 2023 the ordinance. The property can be secured with a code compliant fence that is either 3' in height and solid or 4' in height and more than 50% open. The approval of variance #6 may be injurious to the public health, safety, morals and general welfare of the community as a walkway connecting the sidewalk to the main entrance provides pedestrians safe access to the property without having to walk in the driveway. (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 area adjacent to the property included in the variance may not be affected in a substantially adverse manner if variances #2, #3, #4, and #5 are approved as the site has existed in this configuration since at least 1991, and with the exception of demolishing the building on lots 28 and 29, there are no changes proposed at this time. The use and value of the area adjacent to the property included in the variance may be affected in a substantially adverse manner as a 6' fence along the Cedar Street frontage is not consistent with the intent of the Ordinance. Not installing a walkway from the Eddy Street and Frances Street frontages may affect adjacent properties in an adverse manner as granting a variance to not install the walkway sets a precedent which may encourage others to request a similar variance. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. The strict application of the terms of this Chapter may result in practical difficulties in the use of the property as approval of the variances #2, #3, #4, and #5 will allow for the creation of individual lots for fee simple ownership. For variance #1, the strict application of the terms of this Chapter may not result in practical difficulties in the use of the property as a code compliant fence could be erected without a loss of use of the property. Also, variance #2, strict application of the terms of this Chapter would not result in a practical difficulty in the use of the property as installing a sidewalk from both Eddy Street and Frances Street could be installed without a loss of use of the property. (4) The variance granted is the minimum necessary. The requested variances, #2, #3, #4, and #5 are the minimum necessary as the buildings are existing and built in a non-traditional configuration facing in toward the lot, which requires the variances in order to subdivide the lot for fee simple ownership. Variances #1 and #6 are not the minimum necessary as there is no practical difficulty. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. SOUTH BEND PLAN COMMISSION Page 6 of 6 Staff Report – PC#0171-23 October 16, 2023 While variances #2, #3, #4, #5 do correct a hardship, the approvals will allow them to proceed with plans to subdivide the property into individual lots for fee simple ownership. There is no hardship on the property to approve variances #1 and #6. The desire for a taller fence is not a hardship, and there is no practical reason a sidewalk cannot be provided to the development from both Eddy and Frances Streets. Recommendation Analysis: Variance requests #2, #3, #4, and #5 would legalize elements of the site layout that have existed since 1991 and would not be injurious to the community. Variance #1 is inconsistent with the Ordinance and the subdivision can be secured with a 3’ solid fence or 4’ 50% open fence that orients the subdivision to the street. Variance #6 would eliminate the need for a walkway connecting the sidewalk to the main entrance, meaning pedestrian access on the east and west sides of the subdivision would be limited to a driveway. Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. The Staff recommends the Commission approve variances #2, #3, #4, and #5 and deny variances #1 and #6. SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report – PC#0173-23 October 16, 2023 Property Information Subdivision Name: ELLIOT PROPERTIES' QUIMBY STREET LOT LINE ADJUSTMENT Location: Northwest corner of Eddy Street and Quimby Street Requested Action The total area of the subdivision is .35 acres and will consist of 3 building lots. Variance(s): 1)from the required 5' side yard building setback to 3.9' along the south property line of Lot A 2)from the required 20' rear yard building setback to 2.6' for Lot A 3)from the required 5' side yard parking setback to 3' for Lot B 4)from the required 5' rear yard parking setback to 1' for Lot B Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval, subject to the following: 1) Rezoning entirety of Lot C to U1 to include vacated 10' alley to the east. The Staff recommends the Commission approve the variances as presented. SOUTH BEND PLAN COMMISSION Page 2 of 5 Staff Report – PC#0173-23 October 16, 2023 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report – PC#0173-23 October 16, 2023 SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report – PC#0173-23 October 16, 2023 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Remove alley approach and install 6 inch curb. Fill tree lawn to proper grade with top soil and establish grass. Staff Comments: There are no additional comments at this time. Criteria for Decision Making Variance(s): The petitioner is seeking the following variance(s): 1)from the required 5' side yard building setback to 3.9' along the south property line of Lot A 2)from the required 20' rear yard building setback to 2.6' for Lot A 3)from the required 5' side yard parking setback to 3' for Lot B 4)from the required 5' rear yard parking setback to 1' for Lot B 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 of the variances should not be injurious to the public health, safety, morals, and general welfare of the community. The variances are due to the creation of the separate lots which will allow each parcel's improvements to be located on a separate lot. Access to each lot will not change. (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 area should not be affected in a substantially adverse manner. All buildings are existing and the petitioner proposes no changes to the buildings on the sites. The creation of Lot C will allow the residential use on Quimby to have a larger side yard by incorporating the vacated 10' alley. (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 result in practical difficulties by not allowing for the subdivision of the parcels to take place. (4) The variance granted is the minimum necessary. The variances requested are the minimum necessary to allow for the lot line adjustment to be approved. SOUTH BEND PLAN COMMISSION Page 5 of 5 Staff Report – PC#0173-23 October 16, 2023 (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 separate the parcels, the requested variances are reasonable to allow the parcels to operate independently and not have parking located on a lot without its primary building. Recommendation Analysis: The variances are required due to the creation of separate lots with existing buildings and should not be injurious to the public health, safety, morals, and general welfare of the community. Staff Recommendation: Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval, subject to the following: 1) Rezoning entirety of Lot C to U1 to include vacated 10' alley to the east. The Staff recommends the Commission approve the variances as presented. SOUTH BEND PLAN COMMISSION Page 1 of 7 Staff Report – PC#0174-23 October 16, 2023 Property Information Subdivision Name: VISION REALTY'S TWYCKENHAM DRIVE MINOR SUBDIVISION Location: West of Twyckenham Drive approx 75' south of the centerline of Scottswood Dr R/W Requested Action The total area of the subdivision is .29 acres and will consist of 3 building lots. Rezoning: From S1 Neighborhood 1 to U1 Urban Neighborhood 1 Variance(s): 1) from the required 5' side yard setback to 4' for all side yards Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. Based on information prior to the public hearing, the Staff recommends the Commission send the rezoning petition to the Common Council with a favorable recommendation. The Staff recommends the Commission deny the variance as requested. SOUTH BEND PLAN COMMISSION Page 2 of 7 Staff Report – PC#0174-23 October 16, 2023 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 7 Staff Report – PC#0174-23 October 16, 2023 Proposed Plat SOUTH BEND PLAN COMMISSION Page 4 of 7 Staff Report – PC#0174-23 October 16, 2023 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: A drainage plan is not required for development of single-unit dwellings. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Remove existing approach and replace sidewalk and 6 inch curb. Fill tree lawn to proper grade with top soil and establish grass. Staff Comments: There are no additional comments at this time. Site & Context for Rezoning Land Uses and Zoning: On site: On site is a one unit dwelling zoned S1 Suburban Neighborhood 1. North: A one unit dwelling zoned S1. East: A one unit dwelling zoned S1. South: A one unit dwelling zoned S1. West: Vacant land zoned OS Open Space. District Intent: The U1 District is established to provide for, promote, and maintain urban neighborhoods located in core and outlying areas of the City. Site Plan Description: Subdivide the property into three smaller building lots for single family residential homes. Zoning and Land Use History and Trends: The neighborhood was largely established in the 1940's thru 1960's, as a suburban single family neighborhood with homes accessed by driveways from Twyckenham Drive. Twyckenham Drive has developed over time as a major north/south thoroughfare and serves as one entryway into the greater Notre Dame campus. The properties to the north, and the area in general, have seen an increase in interest for more dense housing opportunities, be it in multi-family housing or denser single family residential uses. Traffic and Transportation Considerations: Twyckenham Drive is two lanes with on-street parking. Agency Comments for Rezoning Agency Comments: There are no additional comments at this time. SOUTH BEND PLAN COMMISSION Page 5 of 7 Staff Report – PC#0174-23 October 16, 2023 There are no Engineering comments at this time. Staff Comments: The Northeast Neighborhood Plan (2022) seeks to allow a greater quantity and diversity in housing units. New housing should be carefully designed and located to support and positively influence neighborhood character. As the area continues to experience high interest in redevelopment, the plan envisions a higher density of residential options in the form of duplexes, ancillary dwelling units, and up to four units to help meet the demand for urban living. 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 Northeast Neighborhood Plan as adopted in 2022 identifies this area for Medium Density housing. As the area continues to experience high interest in redevelopment, the plan envisions a higher density of residential options in the form of duplexes, ancillary dwelling units, and up to four units to help meet the demand for urban living. Plan Implementation/Other Plans: The Northeast Neighborhood Plan (2022) seeks to allow a greater quantity and diversity in housing units. New housing should be carefully designed and located to support and positively influence neighborhood character. 2.Current Conditions and Character: The existing neighborhood and the area to the east have larger building lots typical of a suburban setting. The area to the south and west are urban sized lots for denser housing options. The property is also located within the NNZO Northeast Neighborhood Zoning Overlay district which serves to encourage high-quality design of new buildings and site development that preserves and enhances the character of a traditional neighborhood. 3.Most Desirable Use: The most desirable use, at this time, is a range of low to medium density residential housing types that will seamlessly fit in the established character of the neighborhood. 4.Conservation of Property Values: SOUTH BEND PLAN COMMISSION Page 6 of 7 Staff Report – PC#0174-23 October 16, 2023 Allowing for the continued use of the property as residential uses should increase property values throughout the area and encourage future residential development along this section of Twyckenham Drive. 5.Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this neighborhood. Variance(s): The petitioner is seeking the following variance(s): 1) from the required 5' side yard setback to 4' for all side yards 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 proposed variance is out of character with the area, which may impact the general welfare of the community. Minimum setbacks are established to set the bare minimum needed in order to protect the health, safety, and general welfare of the community. Maintaining a minimum of 10' between structures is critical for emergency access and public safety. (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 property may be adversely affected if the variance is granted. A smaller setback could lead to difficulties in maintaining the properties as well as setting precedence for expanding all houses of the neighborhood into the side setback without just cause. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. The strict application of the terms of this Chapter would not result in practical difficulties in the use of the property. New homes could be built on the lots that conform to the setbacks established in the Ordinance. (4) The variance granted is the minimum necessary. Since there is no practical difficulty to overcome, the variance requested is not the minimum necessary. New houses could be built on the newly created lots that would be within the setbacks permitted by the Ordinance. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. There is no hardship of the property to overcome. The variance is caused by the subdivision of the property into three lots resulting in 31' lots which they deem too narrow to build a home. SOUTH BEND PLAN COMMISSION Page 7 of 7 Staff Report – PC#0174-23 October 16, 2023 Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to U1 Urban Neighborhood 1 will allow for residential growth and increased housing options in the neighborhood while not drastically changing the established character. The proposed variance is out of character with the area and may impact the general welfare of the community. Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. Based on information prior to the public hearing, the Staff recommends the Commission send the rezoning petition to the Common Council with a favorable recommendation. The Staff recommends the Commission deny the variance as requested. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0175-23 October 16, 2023 Property Information Subdivision Name: GRANDVIEW AVENUE MINOR SUBDIVISION Location: West of Grandview Ave 462' north of Linden Ave Requested Action The total area of the subdivision is 1 acres and will consist of 1 building lot. . Location Map Recommendation Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval. SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report – PC#0175-23 October 16, 2023 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report – PC#0175-23 October 16, 2023 Proposed Plat SOUTH BEND PLAN COMMISSION Page 4 of 4 Staff Report – PC#0175-23 October 16, 2023 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: A drainage plan is not required for single-family residential development. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Site is not served by sewer. Any proposed sewer extension would require an agreement with the Board of Public Works and the extension would be constructed at the developer's expense. Curb and sidewalk shall be installed along the property frontage upon development. Recommendation Staff Comments: No additional staff comments. Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval.