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HomeMy WebLinkAbout04-24 1610 and 1612 Hilde Court �pPLANC0 � �� County-City Building ,r= City of South Bend 227 W.Jefferson Blvd. 1400S ° z South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 .southbendin.gov/zoning F 48`ISHE°`p2° Filed in Clerk's Office December 19, 2023 JAN' r7 7 2024 DAWN M.,JONES Honorable Committee Chair Hamann CITY CLERK,SOUND,IN 4th Floor, County-City Building South Bend, IN 46601 RE: 1610 and 1612 Hilde Court— PC#0188-24 Dear Committee Chair Hamann: 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 January 8, 2024, Council meeting, and set it for public hearing at your January 22, 2024,Council meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, 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: Rezone property from U1 Urban Neighborhood 1 to OF Urban Flex 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 Filed in Clerk's Office BILL NO. 04-24 � ORDINANCE NO. DAVi ES LN0024 LE , SOUTH END,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUT END, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1610 AND 1612 HILDE COURT COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone properties from U1 Urban Neighborhood 1 to OF Urban Flex 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 PARCEL OF GROUND IN THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING A PART OF LOT "A" OF THE PLAT OF "KLINE'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED BY DOCUMENT NUMBER 1901003 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 2 OF THE PLAT OF "WEINLIN ADDITION" AS RECORDED BY DOCUMENT NUMBER 9033840 IN THE RECORDS OF SAID RECORDER'S OFFICE:THENCE ALONG THE SOUTH LINE OF SAID LOT FOR THE NEXT TWO (2) COURSES: SOUTH 88°38'52" EAST, A DISTANCE OF 37.00 FEET MORE OR LESS AND SOUTH 78°31'37" EAST, A DISTANCE OF 40.82 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID LOT AND A POINT OF THE EAST LINE OF LOT "A" OF THE PLAT OF "KLINE'S ADDITION TO THE CITY OF SOUTH BEND"; THENCE ALONG THE EAST LINE OF SAID LOT, SOUTH 00°00'00" EAST, A DISTANCE OF 106.00 FEET MORE OR LESS; THENCE NORTH 90°00'00" WEST, A DISTANCE OF 77.00 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF HILDE COURT; THENCE NORTH 00°00'00" WEST ALONG SAID EAST LINE,A DISTANCE OF 117. 00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.20 ACRES MORE OR LESS. Attest: Bianca L. Tirado, 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 , 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock .m. James Mueller,Mayor City of South Bend, Indiana - 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number018-7073-2695 and 018-7073-2696 Address: 1610 and 1612 Hilde Owner: Theresa Lightner Legal Description: A PARCEL OF GROUND IN THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING A PART OF LOT"A"OF THE PLAT OF"KLINE'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED BY DOCUMENT NUMBER 1901003 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT#2 OF THE PLAT OF"WEINLIN ADDITION"AS RECORDED BY DOCUMENT© Project Summary The proposed rezoning is to legalize a parking lot that was installed in 2008. Requested Action Application includes (check all that apply) ❑✓ Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicablE Proposed District OF Urban Flex 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. ❑✓ Variance(s) requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making 1) From the required streetscape trees on Hilde to none 2) From the minimum parking setback of 5' the corner facade and 5' from the side lot line to 2' behind the corner facade on the west and 0' on the south. 3) From the required Type 1 parking area screening on the west and south to a 6' solid fence 4) From the 3' maximum height for a solid fence in the established corner yard to 6'. Required Documents RCompleted Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Theresa Lightner Address: 524 W LaSalle Mishawaka, IN 46545 Name: Address: Name: Address: Contact Person: Name: Danch, Harner& Associates, Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574 234 4003 asmith@danchharner.com E-mail: 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 (s) Signatures: Criteria for Decision Making Variance(s) -if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: Hilde Court is a narrow 20' right-of-way that dead ends into the railroad tracks. The road appears and functions more like an alley than a street, so approving variances to allow for it to be treated as such would not be injurious to the health, safety, or general welfare of the community. (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, because: Granting the variances will actually allow for improved screening for the few houses that exist on the block. If the variances are denied and the 6' screening fence has to be removed and replaced by 2' tall shrubs, the use and value of adjacent properties will be negatively impacted. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The Ordinance is intended to improve buffering along public streets. Although Hilde Court is technically a street, the width and improvements of the right-of- way function more as an alley that warrants the treatment as such. The southern portion of the parking lot existed in its current configuration since before 1985. The northern portion was redone with the assistance of a contractor and in a way to match the existing parking area. The fence was legally installed in compliance with the Ordinance and should be allowed to continue as a legal non-conforming structure. While saw cutting the parking lot would not be difficult, the underlying base and oils from the asphalt will make planting in this area extremely difficult, thus making the exercise pointless. Strict application will require a 6' fence be removed and replaced with 2' tall shrubs, which will ultimately provide less screening to the adjoining neighbors. (4)The variance granted is the minimum necessary, because: The variance requested is the minimum necessary to support maintaining the property in the same way it has existed for more than 15 years. Financial institutions are unwilling to lend on the property since the parking lot portion of the lot is still zoned residential, which is the basis for the request. The property is maintained in good condition. The variances will allow for the reuse of the building in a way consistent with the intent of the Ordinance. (5)The variance does not correct a hardship caused by a former or current owner of the property, because: The layout and condition of Hilde Court is not caused by the current or former owner. The property has clear frontage and interaction with Lincoln Way East. The fact that Hilde is technically a street, even though it functions as an alley, created an undue hardship on the property owner which was not created through any of their actions. 1.- .....'.%\ Lill Coln Way East _......... I -7 r - _____ I I 1 I 1 c L) b II 7 Q) ''1 O h h 5.00' Existing Fence 77' t IC 0 0' 20 40 mmi Dahch, Haffner drAoociatea Inc. Land Surveyors Professional Engineersx/} Landscape Architects• Land Planners Office: (574)234-4003 / (800)594—:003 Fax: (574)234-41191643 Commerce Drive South Bend, IN 46628 p Copyright 2023 Danch, Hamer& Associates, Inc. PLAN eO4f� County-City Building C it y of South Bend 227 W.Jefferson Blvd. 1400S ° z South Bend,IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning FSTABLISHEO T�� February 20,2024 Filed in Clerk's Office FEB 2 0 2024 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#04-24-A proposed ordinance of THERESA LIGHTNER to zone from UI Urban Neighborhood 1 to UF Urban Neighborhood Flex,property located at 1610 and 1612 HILDE CT,City of South Bend- PC#0188-24 Dear Council Members: I hereby Certify that the above referenced ordinance of THERESA LIGHTNER was legally advertised on February 9,2024,and that the South Bend Plan Commission at its public hearing on February 19,2024, took the following action: Upon a motion by Dr. Oliver Davis,being seconded by Caitlin Stevens and unanimously carried,a proposed ordinance of THERESA LIGHTNER to zone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex,property located at 1610 and 1612 HILDE CT,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: THERESA LIGHTNER Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Staff Report— PC#0188-24 January 16, 2024 Property Information Location: 1610 and 1612 HILDE CT Owner: THERESA LIGHTNER Requested Action Rezone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex Project Summary Rezoning from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex to legalize an existing parking lot. Location Map 0 wis Ll*,per , N Ill VIA F B r U. % 1\\\\,\ OF �„.. -- •- _i �� . Cam, Nbj �- -.1 VA _— _ • Recommendation Staff Recommendation: Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report-PC#0188-24 1/16/2024 Proposed Site Plan LlnCO J Wa •' TiaSt Ftv L) h � o 0 I ' I— 5.00' l�l i5ting Fence 77' L $ 0' 20 40 _DIa cliManner&Aseoctatea, Mc. Land Surveyors • Professional Engineers Landscape Architects Land Planners Olf es (574)234-4003/(900)594-4003 • For.(574)234-4119 \` 1643 Conn enn Drive • South Bend, IN 46628 O Conni4Sl-SD77-Dace.Wm..B Assoclik. uti SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0188-24 1/16/2024 Site & Context Land Uses and Zoning: On site: A parking lot zoned U1 Urban Neighborhood 1 North: A commercial building zoned UF Urban Neighborhood Flex East: A parking lot connected with a commercial property to the north and a vacant grass parcel zoned UF Urban Neighborhood Flex South: A residential unit zoned U1 Urban Neighborhood 1 West: Across Hilde Court, residential units zoned U1 Urban Neighborhood 1 District Intent: The UF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: The proposed site plan would keep the parking lot as is, including the wooden fence on the west and south edges of the lot. Zoning and Land Use History and Trends: A building can be found on 1610 Hilde Court as early as 1945, and a parking lot appears on 1612 Hilde Court by 1986. In 2008, the building on 1610 Hilde Court was demolished and replaced with a parking lot that linked to the southern parking lot. Traffic and Transportation Considerations: To the west of the parcel, Hilde Court is a street roughly 15'wide. Agency Comments Staff Comments: No additional comments at this time. 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 City Plan, South Bend Comprehensive Plan (2006), Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The Future Land Use Plan identifies this area for Mixed Use. Plan Implementation/Other Plans: There are no neighborhood specific plans for this area. 2. Current Conditions and Character: The site is located one parcel south of Lincoln Way East and one parcel west of Twyckenham Drive. This portion of Lincoln Way East is a mixture of residential structures and a wide variety of non-residential uses. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0188-24 1/16/2024 3. Most Desirable Use: The most desirable use is one that promotes mixed use development to strengthen the neighborhood. 4. Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. The rezoning would legalize the existing parking lot and bring it up to current City standards. 5. Responsible Development and Growth: It is responsible development and growth to legalize the existing parking lot and bring it up to City standards, allowing for e m mercial development on this parcel that supports the neighborhood. Analysis & Recommendation Commitments: There are no commitments at this time. Analysis: Rezoning to OF Urban Neighborhood Flex will legalize the existing parking lot and link it to the business to the north, which currently owns the parcel. Under common ownership and the same zoning, the parcel can support accessory uses to the business, expanding the capacity of a neighborhood scale business to serve the surrounding area. Recommendation: Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4