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Home My WebLink About31-25 Amending the Zoning Ordinance for Property Located at 314 West Chippewa Avenue N0 PLAN co County-City Building City of South Bend 227 W. Jefferson Blvd. 1400S ° South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning 637.481.i$HEt 2�2� May 21, 2025 Filed in Clerk's Office Honorable Committee Chair Davis 4th Floor, County-City Building friAY 2 1 2025 South Bend, IN 46601 Bianca Tirado City Clerk, South Bend, IN RE: 314 W Chippewa— PC#0271-25 Dear Committee Chair Davis: 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 May 28, 2025, Council meeting, and set it for public hearing at your June 23, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the June 16, 2025, 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: Change zoning of the parcel from Commercial (C) District to Suburban Neighborhood 2 (S2) District If you have any questions, please feel free to contact our office. Sincerely, rA Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President Filed in Clerk's Office BILL NO.31-25 '� 2 1 ORDINANCE NO. Bianca Tirado 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 314 W CHIPPEWA AVE COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Commercial (C) District to Suburban Neighborhood 2 (S2) District. 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: KERASOTES THEATRES MINOR SUBDIVISION LOT 1 be and the same is hereby established as Suburban Neighborhood 2 (S2) District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(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. Canneth J. Lee, Council President South Bend Common Council 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 , 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - Docusign Envelope ID:23603A52-7DF3-41 D8-B3D1-7795F582A8B7 227 W. Jefferson Suite 1400 S city of south fiend South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number71-08-26-200-004.000-002 Address: W Chippewa Ave, South Bend, IN 46614 Owner: Sycamore Land Company, LLC Legal Description: Lot Numbered One (1)as shown on the recorded plat of Kerasotes Theatres minor subdivision recorded June 24, 1997 as document 9724832, in the office of the Recorder of St. Joseph County, Indiana. Project Summary The proposed project is a 180-unit multifamily project across 5, 36-unit buildings and a clubhouse. The 5 residential buildings will be 3-story walk ups. The site will feature above ground retention. Requested Action Application includes (check all that apply) O Rezoning Current District: C Commercial Additional Districts, if applicablE Proposed District S2 Suburban Neighborhood 2 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 Filed in Clerk's Office (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application HAY 2 1 2975 ❑ Special Exception — complete and attach Criteria for Decision Making Bianca Tirado Use requested: City Clerk, South Bend, IN ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Height Requirement Required Documents HCompleted Application (including Contact Information) Site Plan drawn to scale RFiling Fee Additional documents as noted above Docusign Envelope ID:23603A52-7DF3-41D8-B3D1-7795F582A8B7 Contact information Property owner(s) of the petition site: Name: Sycamore Land Company, LLC Address: 7901 4th St N, Ste 5032 Saint Petersburg, FL 33702 Name: Address: Name: Address: Contact Person: Name: Cole R. Caress Address: 8902 N Meridian St Indianapolis, IN 46260 Phone Number: (317) 590-3616 E-mail: ccaress@birgeandheld.com 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: "—Signed by: jart.j. Gel�l�av� 4E SCAB556506414 W. rfl*WA Ave a J -. ,dam ..rl _ y 11 ,, ti 11 ti t Iiii .,` i L.)Lei If) . Iii Ara D I'4.) ( i a t�l I Li I- '..;i_11,1 ;I ! a ? ' 11 ! ! ' rNJ !1 a 1. 4.)11 ? a 1 ,)' r ti .i.,) rl"'pi " CONCEPTUAL SITE PLAN 5.13.2025 F O L E Y Q D E S I G N BIRGE & HELD- SOUTH BEND, IN BIRGE &HELD www fdeydesign'mm SOUTH BEND,INDIANA 8902 N.MERIDIAN STREET,SUITE 205 INDIANAPOUS,IN 46260 Docusign Envelope ID:A55C8639-8243-4A2E-936B-FC285083BB45 LIty or outn i ena BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-26-200-004.000-002 Address: W Chippewa Ave, South Bend, IN 46614 Owner: Sycamore Land Company, LLC Zoning: S2 Suburban Neighborhood 2 Project Summary: The proposed project is a 180-unit multifamily project across 5, 36-unit buildings and a clubhouse. The 5 residential buildings will be 3-story walk ups. The site will also feature above ground retention. Requested Action ❑ 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: Developer is requesting a variance to the height requirement of 40'-0" per S2 zoning regulations. For a 3-story building of this type the typical height of the roof bearing is approximately 31'-0". Based on the Zoning definition (vertical distance from the average finished grade adjacent to the front of the building to the highest point of the building) at a 6:12 roof pitch the highest peak would be 46'-0". Developer is requesting a variance to increase the requirement by 6'-0". Required Documents ❑✓ Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale ❑✓ Filing Fee Docusign Envelope ID.A55C8639-13243-4A2E-936B-FC285083BB45 Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Docusign Envelope ID:A55C8639-B243-4A2E-936B-FC285083BB45 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: The zoning requirements allow for a 3-story building, so the variance request will not be outside the intent for the use of the property, it will give the building the necessary height to allow for a standard roof pitch of 6:12. (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: The variance is asking for a minimal amount of height increase to allow for a steeper roof slope which will produce a more attractive building massing. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The strict application would result in a shallower roof pitch or flat roof which would add more waterproofing concerns and a less attractive building form. (4)The variance granted is the minimum necessary, because: In effort to provide a unit count that aligns with the demand of the area and the economic goal of the developer, the orientation requirement requested by the ordinance causes hardship for this subject property. (5)The variance does not correct a hardship caused by a former or current owner of the property, because: The variance will not correct a hardship because the land is vacant. Docusign Envelope ID:A55C8639-B243-4A2E-936B-FC285083BB45 Contact Information Property owner(s) of the petition site: Name: Sycamore Land Company, LLC Address: 7901 4th St N, Ste 5032 Saint Petersburg, FL 33702 Name: Address: Name: Address: Contact Person: Name: Cole R. Caress Address: 8902 N Meridian St Indianapolis, IN 46260 Phone Number: (317) 590-3616 E-mail: ccaress@birgeandheld.com 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: S,gned by