HomeMy WebLinkAbout12.18.23 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, December 18, 2023 - 4:00 P.M.
County-City Building
Fourth-Floor Council Chambers
www.tinyurl.com/southbendplancommission
PUBLIC HEARING:
A.REZONINGS
1.Location: 603, 607, 611, 615, 617, & 621 MARION ST PC#0151-23
Petitioner: DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND
Requested Action:
Rezoning: From NC Neighborhood Center to U3 Urban Neighborhood 3
Variance(s):
1)from the maximum 1.5 stories in a cottage court to 2;
2)from the maximum 9 units in a cottage court to 10;
3)from the maximum 2 units per cottage in a cottage court to 4;
B.MAJOR SUBDIVISIONS - None for consideration
C.TEXT AMENDMENTS - None for consideration
D.DEVELOPMENT PLANS - None for consideration
E.COMBINED HEARING
1.Name: 755 SOUTH BEND AVE MINOR SUBDIVISION PC#0181-23
Location: 743, 749, 753 and 755 South Bend Ave – Northwest corner of South Bend
Ave and St Peter St.
Petitioner: VISION REALTY INT'L LLC
Requested Action:
Subdivision Type: Minor Subdivision (Does not require a public hearing)
Variance(s):
1)from the maximum 4 units in a townhouse building type in a U2 district to 5;
2)from the maximum 72’ width of a townhouse building type in a U2 district to 104';
3)from the maximum 48’ width of a duplex building type to 56’;
4)from the minimum 15’ lot width in a U2 district to 4.21’;
Zoning: U2 Urban Neighborhood 2
ITEMS NOT REQUIRING A PUBLIC HEARING:
A.MINOR SUBDIVISIONS
1.Name: DEA ANDREWS MINOR SUBDIVISION PC#0178-23
Location: 706 W Lasalle and 223 N Scott
2.Name: LIFE PLAN MINOR SUBDIVISION PC#0184-23
Location: 2206 Miami St
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
B.FINDINGS OF FACT - None for consideration
C.MINUTES – November 20, 2023
D.UPDATES FROM STAFF
1.2024 Calendar
2.BZA appointee
E.ADJOURNMENT
SOUTH BEND PLAN COMMISSION Page 1 of 5
Staff Report – PC#0151-23 December 18, 2023
Property Information
Location: 603, 607, 611, 615, 617, & 621 MARION ST
Owner: DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND
Requested Action
Rezone from NC Neighborhood Center to U3 Urban Neighborhood 3
Variance(s):
1) from the maximum 1.5 stories in a cottage court to 2 stories
2) from the maximum 9 units in a cottage court to 10 units
3) from the maximum 2 units per cottage in a cottage court to 4 units
Project Summary
A rezoning from NC Neighborhood Center to U3 Urban Neighborhood 3, a cottage court development
containing 10 units, and the development of an additional 5 single family units on the parcel.
Location Map
Recommendation
Staff Recommendation: Based on the information available prior to the public hearing, the Staff
recommends that the Commission send the rezoning to the Common Council with a favorable
recommendation. The Staff recommends the Commission approve the variances as requested.
Staff Report -PC#0151-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 2 of 5
Proposed Site Plan
Staff Report -PC#0151-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 3 of 5
Land Uses and Zoning:
On site: A series of vacant lots
North: Residential dwellings zoned NC Neighborhood Center and a vacant lot zoned U2 Urban
Neighborhood 2
East: A residential dwelling zoned NC and across Leland Ave a residential dwelling zoned U3
South: Across W Marion St vacant lots zoned NC and vacant lots zoned U3 Urban
Neighborhood 3
West: Residential dwellings zoned NC
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
neighborhoods in core and outlying areas of the City.
Site Plan Description:
15 new units will be built on the parcels. 10 will be arranged in a cottage court and another 5 will
be single family dwellings. A parking lot will be built on the western portion of 611 and 615
Marion St.
Zoning and Land Use History and Trends:
These parcels have historically been used for residential dwelling units. It appears that all of
these parcels contained housing units as late as 1972 and were all vacant by 2010, with half
being vacant by 1987. These parcels are separated by 250' along Leland Avenue and 150' along
Scott Street from Lincoln Way West, a primary corridor through the north and western portions of
the city, flanked by medium density residential development to the north and south.
Traffic and Transportation Considerations:
To the south, the western leg of Marion Street is a 20' yield street. Marion Street curves to the
southeast and intersects Leland Avenue, forming a y-intersection with the two-lane street running
northeast. To the east of the parcels, Leland Avenue is a 30' yield street and to the west of the
parcels, Scott Street is a 30' yield street.
Staff Comments: No additional comments at this time.
Per State Law, the Plan Commission and Common Council shall pay reasonable regard to:
1.Comprehensive Plan:
Policy Plan:
This petition is consistent with the Comprehensive Plan. The Near Northwest Neighborhood Plan
(2019) recommends infill development, focusing more intense housing along or near corridors
with the most intense housing appropriate for the Lincoln Way West corridor.
Land Use Plan:
These parcels were identified in the Near Northwest Neighborhood Plan as the northern portion
of a targeted node for redevelopment, utilizing urban design principles to create a pedestrian
oriented mixed-use space.
Agency Comments
Criteria for Decision Making
Rezoning
Site & Context
Staff Report -PC#0151-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 4 of 5
Plan Implementation/Other Plans:
The petition is consistent with the South Bend City Plan (2006) H 1.1 Encourage residential
developments to contain a mix of housing types, densities, price ranges, and amenities.
2.Current Conditions and Character:
The parcels are currently vacant at this site and the sites directly to the south. Residential
properties line the parcels to the east and north. South and west, Lincoln Way West is a mix of
residential structures and a wide variety of nonresidential uses.
3.Most Desirable Use:
The most desirable use is one that supports the neighborhood through infill to increase housing
stock and promote a mixed use and pedestrian scale outcome.
4.Conservation of Property Values:
The use and value of the adjacent properties should not be negatively impacted. Development at
this site will increase housing stock and create a denser, safer neighborhood.
5.Responsible Development and Growth:
It is responsible development and growth to allow for the infill development in this neighborhood
along a major city corridor.
Variance(s)
The petitioner is seeking the following variance(s):
1) from the maximum 1.5 stories in a cottage court to 2 stories
2) from the maximum 9 units in a cottage court to 10 units
3) from the maximum 2 units per cottage in a cottage court to 4 units
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 1, 2, and 3 should not be injurious to the general welfare of the
community. These variances allow for higher density development that is consistent with the
character of the neighborhood.
(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 should not be affected in a substantially
adverse manner. The development will be consistent with the character of the neighborhood and
will not have a greater impact than a use that would have been permitted in an NC zoned district.
(3) The strict application of the terms of this Chapter would result in practical difficulties
in the use of the property.
A higher density cottage court on this irregularly shaped parcel would more closely reflect the
character of the surrounding neighborhood and support more housing stock in a parcel along a
major city corridor and proximate to the downtown area.
(4) The variance granted is the minimum necessary.
The intent in NC zoned districts is to develop higher intensity urban neighborhood centers.
Rezoning to U3 with variances to allow for a higher density cottage court is the minimum
necessary because the higher density cottage court preserves the character of the neighborhood
and supports greater housing stock in a parcel that was previously zoned NC.
(5) The variance granted does not correct a hardship caused by a former or current owner
of the property.
Staff Report -PC#0151-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 5 of 5
The NC zoning district does not allow for a cottage court building type, but does allow for more
intense residential building types such as apartment houses and stacked flats. These same
dense residential building types are permitted in U3. Downzoning to U3 and permitting a cottage
court with a higher density than outlined in the Ordinance allows for a wider range of housing
stock options at an appropriate density along a major city corridor proximate to the downtown
area.
Commitments: There are no commitments proposed at this time.
Analysis: The Comprehensive Plan and the Near Northwest Neighborhood Plan support the proposed
rezoning and variances to allow for infill development of a cottage court at this site. The NC
zoning district does not allow for a cottage court building type, but does allow for more intense
residential building types such as apartment houses and stacked flats. U3 also permits these
building types, allowing for 3-4 story developments with an unlimited number of units.
Downzoning from NC to U3 allows for a cottage court building type, while the variances allow for
ten 2-story cottages rather than nine 1.5-story cottages. Cottage court limitations are intended to
protect U1/U2 zoned disticts from development that is more intense than the surrounding
neighborhood. Allowing for a more dense cottage court in a U3 zoned parcel off of a major city
corridor and proximate to downtown will increase housing stock, support a variety of housing
types, and strengthen the neighborhood.
Recommendation: Based on the information available prior to the public hearing, the Staff
recommends that the Commission send the rezoning to the Common Council with a favorable
recommendation. The Staff recommends the Commission approve the variances as requested.
Analysis & Recommendation
SOUTH BEND PLAN COMMISSION Page 1 of 6
Staff Report – PC#0181-23 December 18, 2023
Property Information
Subdivision Name: 755 SOUTH BEND AVE MINOR SUBDIVISION
Location: Northwest corner of South Bend Avenue and St. Peter Street
Requested Action
Minor subdivision: The total area of the subdivision is .54 acres and will consist of 10 building lots.
Variance(s):
1) from the maximum 4 units in a townhouse building type in a U2 district to 5
2) from the maximum 72’ width of a townhouse building type in a U2 district to 104'
3) from the maximum 48’ width of a duplex building type to 56’
4) from the minimum 15’ lot width in a U2 district to 4.21’
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 the variances as requested.
Staff Report -PC#0181-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 2 of 6
Proposed Plat
Staff Report -PC#0181-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 3 of 6
Proposed Plat
Staff Report -PC#0181-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 4 of 6
Proposed Plat
Staff Report -PC#0181-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 5 of 6
Project Details
Environmental Data:
Drainage:
Rights-Of-Way:
Utilities:
Staff Comments:
A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
The rights-of-way are correct as shown.
The site will be served by Municipal Water and Municipal Sewer.
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 maximum 4 units in a townhouse building type in a U2 district to 5
2) from the maximum 72’ width of a townhouse building type in a U2 district to 104'
3) from the maximum 48’ width of a duplex building type to 56’
4) from the minimum 15’ lot width in a U2 district to 4.21’
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 general welfare of the community.
The variances allow for development that is consistent with the character of the neighborhood.
(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 should not be affected in a substantially
adverse manner. The development will be consistent with the character of the neighborhood and
allow for well designed development on a highly visible street.
(3) The strict application of the terms of this Chapter would result in practical difficulties
in the use of the property.
The irregularly shaped lot and the angle of South Bend Avenue along the southern edge of the
lot create practical difficulties in the use of the property. Granting the variances would allow for
development that better addresses the street and conceals internal parking areas. The irregularly
shaped lot also creates the need for a lot width vaiance along Turnock Street.
(4) The variance granted is the minimum necessary.
The variance granted is the minimum necessary. The parcel could be rezoned to U3 to eliminate
the need for variances, and conditions would be placed on the parcel to limit development
beyond the context of the surrounding neighborhood. Preserving the U2 zoning classification
while allowing for more dense townhouse development better serves to increase the housing
stock in a manner consistent with the character of the neighborhood.
Staff Report -PC#0181-23 12/18/2023
SOUTH BEND PLAN COMMISSION Page 6 of 6
(5) The variance granted does not correct a hardship caused by a former or current owner
of the property.
The variances do not correct a hardship caused by a former or current owner of the property.
The variances address the irregular shape of the lot and the angle of South Bend Avenue to
produce a well designed development on a highly visible street.
Analysis: The Comprehensive Plan, as amended through the Northeast Neighborhood Plan, supports
the proposed infill townhouse development on the site. The neighborhood plan allows for
groupings of 6 housing units at no more than 2.5 stories in height. The variances allow for an
appropriately scaled development with strong urban design principles that will increase housing
stock, support a variety of housing types, and strengthen the neighborhood.
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 the variances as requested.
Analysis & Recommendation
SOUTH BEND PLAN COMMISSION Page 1 of 5
Staff Report – PC#0178-23 December 18, 2023
Property Information
Subdivision Name: DEA ANDREWS MINOR SUBDIVISION
Location: 706 W LASALLE AND 223 N SCOTT
Requested Action
The total area of the subdivision is .26 acres and will consist of 2 building lots.
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 5
Staff Report – PC#0178-23 December 18, 2023
Proposed Plat
SOUTH BEND PLAN COMMISSION Page 3 of 5
Staff Report – PC#0178-23 December 18, 2023
Proposed Plat
SOUTH BEND PLAN COMMISSION Page 4 of 5
Staff Report – PC#0178-23 December 18, 2023
Proposed Plat
SOUTH BEND PLAN COMMISSION Page 5 of 5
Staff Report – PC#0178-23 December 18, 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.
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: Provide access plan.
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.
SOUTH BEND PLAN COMMISSION Page 1 of 4
Staff Report – PC#0184-23 December 18, 2023
Property Information
Subdivision Name: LIFE PLAN MINOR SUBDIVISION
Location: 2206 Miami St
Requested Action
The total area of the subdivision is .244 acres and will consist of 2 building lots.
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#0184-23 December 18, 2023
Proposed Plat
SOUTH BEND PLAN COMMISSION Page 3 of 4
Staff Report – PC#0184-23 December 18, 2023
Proposed Plat
SOUTH BEND PLAN COMMISSION Page 4 of 4
Staff Report – PC#0184-23 December 18, 2023
Project Details
Environmental Data: A check of the Agency's maps indicates that no environmental
hazard areas or wetlands are present.
Drainage: Not required.
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: None at this time.
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.