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Home My WebLink About83-23- 603, 607, 611, 615, 617, 619, and 621 West Marion Streetp LAN Cn t7 City of South Bend 0 o � x PLAN COMMISSION November 21, 2023 Honorable Lori Hamann 4`h Floor, County -City Building South Bend, IN 46601 RE: 603, 607, 611, 615, 617, 619, and 621 West Marion Street PC#0151-23 Dear Ms. Hamann: County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office NOV 11 207.0 DAWN M. JONES CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your November 27, 2023, Council meeting, and set it for public hearing at your January 8, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the December 18, 2023, 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: Petitioners desire to rezone the property from NC Neighborhood Center to U3 Urban Neighborhood 3 to allow a new multi -family residential development. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President County -City Building City of South Bend 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning I f" _. December 19, 2023 I South Bend Common Council-------------------- 227 W. Jefferson Blvd., 4' Floor CST", , IN South Bend, IN 46601 Re: Bill#83-23 - A proposed ordinance of DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND to zone from NC Neighborhood Center to U3 Urban Neighborhood 3, property located at 603, 607, 611, 615, 617, & 621 MARION ST, City of South Bend - PC# 0151-23 Dear Council Members: I hereby Certify that the above referenced ordinance of DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND was legally advertised on December 8, 2023 and that the South Bend Plan Commission at its public hearing on December 18, 2023 took the following action: Upon a motion by Jason Piontek, being seconded by Caitlin Stevens and carried, a proposed ordinance of DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND to zone from NC Neighborhood Center to U3 Urban Neighborhood 3, property located at 603, 607, 611, 615, 617, & 621 MARION ST, 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. Sincerely, Kari Myers Zoning Specialist Attachment CC: DEPARTMENT OF REDEVELOPMENT, CITY OF SOUTH BEND Bob Palmer Tim Corcoran Planning Director Angela Smith Zoning Administrator Scott Ford Commission President 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. SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report-PC#0151-23 Proposed Site Plan w 4 2 � i R� I -i.tt1 putiXt 12/18/2023 SOUTH BEND PLAN COMMISSION Page 2 of 5 Staff Report-PC#0151-23 12/18/2023 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 rcels, 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. SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report -PC#0151-23 12/18/2023 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. SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0151-23 12/18/2023 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. SOUTH BEND PLAN COMMISSION Page 5 of 5 BILL NO.83-23 ORDINANCE NO. 10997-23 Filed in Clerk's Office NOV ? 1 201'11 5AVV(q Nk jof\JES C17YCLERK., `_:OUTH'SLAG IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 603, 607, 611, 615, 617, 619, AND 621 WEST MARION STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The proposed project includes construction of multi -unit residential dwellings on vacant lots owned by the City of South Bend Petitioners desire to rezone the properties from NC Neighborhood Center to U3 Urban Neighborhood 3 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: Fifty-four (54') feet off of and from the South End of the East one-half (1/2) of Lot Numbered 66, and Fifty-four (54') feet off of and from the South End of the East one-half (1/2) of Lot Numbered 65, as shown on the recorded Plat of Henricks and Grant's Addition to the Town, now City of South Bend, Indiana; Lot 66 W 1-2 Henricks & Grants; Lot Numbered 10 and the North Half of Lot Numbered 11 in Kent and Garrison's Subdivision of Out Lot Numbered 1 of Hendrick's and Grant's Addition to the Town, now City of South Bend, Indiana, as per plat thereof recorded August 13, 1881 in Plat Book 4, page 16 in the Office of the Recorder of Saint Joseph County, Indiana, EXCEPTING THEREFROM 6 feet off the Westerly side of said Lot 11; S `/Z Lot 11 Ex 6 Wly Side Kent & Garrison Add; Lot 12 Excluding 9' Off East Side and Lot 13 Smith & Jacksons Sub; Lot 14 Smith & Jacksons Sub Parcel Numbers: State ID: 71-08-02-476-051.000-026/018-1021-0868 State ID: 71-08-02-476-049.000-026/018-1021-0869 State ID: 71-08-02-476-048.000-026/018-1055-2342 State ID: 71-08-02-476-047.000-026/018-1055-2343 State ID: 71-08-02-476-028.000-026/018-1055-2366 State ID: 71-08-02-476-027.000-026/018-1055-2365 Filed in Clerk's Office 2023 CITY � ,... �1 d11, pp� ,J - be and the same is hereby established as U3 Urban Neighborhood 3 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 2023, at o'clock . M. .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of James Mueller, Mayor City of South Bend, Indiana 2023, at o'clock. -2- City of South fiend PLAN COMMISSION RECEIVED MAY 1 12023 Property Information Tax Key NumberSee Attached Address: See Attached Owner: Department of Redevelopment City of South Bend Legal Description: See Attached Project Summary Filed in Clerk's Office NOV 212023 ❑ALtt�l 6 i 'nN �CITYCLEFIIt, SOUTH BEND. IN The City of South Bend is in the process of marketing these lots for residential units. The property would be better suited under a true residentially zoned district as opposed to the current mixed use zoning. Requested Action Application includes (check all that apply) ❑✓ Rezoning Current District: NC Neighborhood Center Additional Districts, if applicablE Proposed District U3 Urban Neighborhood 3 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: Required Documents ✓ Completed Application (including Contact Information) L✓J Site Plan drawn to scale Filing Fee Additional documents as noted above Property owner(s) of the petition site: Name: Department of Redevelopment City of South Bend Address: 227 W Jefferson South Bend IN 46601 Name: Address: Name: Address: Contact Person: Name: Joseph Molnar Address: 227 W Jefferson South Bend IN 46601 Phone Number: 574-245-6022 E-mail: jrmolnar@southbendin.gov 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 tsj Signatures: TAX ID 018-1055-2365 / 018-1055-2366 / 018-1055-2343 / 018-1055-2342 / 018-1021-0869 / 018-1021-0868 ADDRESSES 621 Marion / 617-619 Marion / 615 Marion / 611 Marion / 18 VAC LOT 600 BLK MARION / 603 W MARION ST Legal Descriptions LOT 14 SMITH & JACKSONS SUB / Lot 12 Ex 9' Off E Side & Lot 13 Smith & Jackson Sub Per Owners Req Cons W/ 18 S 1/2 LOT 11 EX 6 W LY SIDE KENT & GARRISON ADD Lot 10 & Alley Adj And N 1/2 Lot 11 Ex 6" Wly Side Kent & Garrison Add LOT 66 W 1-2 HENRICKS & GRANTS 54 Ft S End E 1-2 Lot 66 54 Ft S End Lot 65 Henricks & Grants LELAND AVENUE 0 I FT ir A SCOTT'iTRFET CL C CL r -Z o 2 q Filed in Clerk's Office .AWNN m JIONE8 RK, S U TH (30C, IN