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HomeMy WebLinkAbout29-25 Amending the Zoning Ordinance for Property Located at 1144 and 1148 Sorin Street PLAN County-City Building City of South Bend 227 W.Jefferson Blvd. 1400S ° z South Bend,IN 46601 PLAN COMMISSION (574)235-7627 www.southbendin.gov/zoning 7'18(ISHEO/01° Filed in Clerk's Office Wednesday,July 9,2025 JUL 0 9 2.1325 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4'h Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#29-25 - A proposed ordinance of COORSMITH PROPERTIES LLC to zone from UI Urban Neighborhood 1 to U2 Urban Neighborhood 2, property located at 1144 SORIN ST and 1148 SORIN ST, City of South Bend-PC#0260-25 Dear Council Members: The petitioner(COORSMITH PROPERTIES LLC)for Bill#31-25 has requested the petition be continued at the August 25, 2025 Committee and Council meetings. Sincerely, CrAt Timothy Staub Zoning Specialist Attachment CC: COORSMITH PROPERTIES LLC Bob Palmer Tim Corcoran Tim Corcoran Jason Piontek Planning Director Interim Zoning Administrator Commission President ?LAN C ,a`N °474, County City Building City of South Bend 227 W.Jefferson Blvd. 1400S z PLAN COMMISSION South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning FSTAsusFieo zp20 April 22, 2025 Filed in Clerk's Office Honorable Committee Chair Davis 4th Floor, County-City Building APR 23 2K 5 South Bend, IN 46601 Bianca Tirado City Clerk, South Bend, IN RE: 1144 and 1148 Sorin Street— PC#0254-25 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 April 28th, 2025, Council meeting, and set it for public hearing at your May 28th, 2025 Council meeting.The petition is tentatively scheduled for public hearing at the May 19th, 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: Petitioners desire to rezone the property from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2. If you have any questions, please feel free to contact our office. Sincerely, cTfr . Timothy P. Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford �F Planning Director Interim Zoning Administrator Commission President 74n.ANZ-3411.7 County-City Building �b City of South Bend 227 W.Jefferson Blvd. 1400S ( * / South Bend,IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning rrgdusr eU 70` Filed in Clerk's Office Wednesday,June 18,2025 I, a i ;— South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#29-25 - A proposed ordinance of COORSMITH PROPERTIES LLC to zone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2,property located at 1144 SORIN ST and 1148 SORIN ST, City of South Bend-PC#0260-25 Dear Council Members: I hereby Certify that the above referenced ordinance of COORSMITH PROPERTIES LLC was legally advertised on June 6,2025 and that the South Bend Plan Commission at its public hearing on June 16,2025 took the following action: Upon a motion by Francisco Fotia,being seconded by Scott Ford and unanimously carried,a proposed ordinance of COORSMITH PROPERTIES LLC to zone from UI Urban Neighborhood 1 to U2 Urban Neighborhood 2,property located at 1144 SORIN ST and 1148 SORIN ST,City of South Bend,is sent to the Common Council with NO 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, cr "� Timothy Staub Zoning Specialist Attachment CC: COORSMITH PROPERTIES LLC Bob Palmer Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Acting Commission President Staff Report— PC#0260-25 June 16, 2025 Property Information Location: 1144 SORIN ST and 1148 SORIN ST Owner: COORSMITH PROPERTIES LLC Requested Action Rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 Variance(s): Article 21-03.04 (d) Building Setbacks - 5' side to 1' side on the north side of lots 2, 3, and 4. Project Summary Rezoning a property from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2. Location Map -'‘;41"1,1174.'r., ,;.-; ,,,,,,,„, - .. t- il .. ,,. , ,IF,, .;.:. . :1'-ri- it ,, _ I 1 c .., r ,apt �.'+,� 4 _. :., "` , its KIN ST • Y.> 4.11r-- iii' , . . ,.., ', , ILIT . - , I tr,,,4 ,--7:'.: -.-8\ 4c1. 10 114 ' 1 ' ,� n• ` MINER ST •-, a" -.,.'ram ♦- _ e , s n Lii-L-Eiwillillik I 111 - 1 `` �- . 1 Recommendation Staff Recommendation: Based on information provided prior to the public hearing, the Staff recommends the Commission send the rezoning to the Common Council with a favorable recommendation and approve the variance with the condition the building be seperated by at least 10'. SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report -PC#0260-25 6/16/2025 Proposed Site Plan _ l Ir . - X i$ AaIIV ZI 0 Z = 7 1 1 1 --- -...---.... —.PT=$.—••__,-.T.;---,-' "'------. ---" -. ITI ,T, 2 -•=. # I 11111111.1+r- - •c , •411 U) I g 4 •V 7.,23 MIL ' a I e• a 11 Ti IM'I I a .1 T 2 1 , 8' . WI -I 1 immi . 0 . Z rl ...M. vI.P06 . . . il . I. I_II 1ALOYMIN __ WI 11. 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'A:'1 ' innovative zzi::::2'-'-' Sue Plan , 9 i.1 r an.e communities ____-, SOUTH BEND PLAN COMMISSION Page 2 of 5 Staff Report-PC#0260-25 6/16/2025 Site & Context Land Uses and Zoning: On site: Two vacant parcels North: Across Sorin Street a residential dwelling and a vacant lot zoned U1 Urban Neighborhood 1 East: Across Arthur Street, a residential dwelling zoned U1 Urban Neighborhood 1 South: Across an alley, a residential parcel and a vacant lot zoned U1 Urban Neighborhood 1 West: A residential dwelling zoned U1 Urban Neighborhood 1 District Intent: The U2 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in core and outlying areas of the City. Site Plan Description: The site will be subdivided into several lots for residential dwellings with smaller footprints. Zoning and Land Use History and Trends: A house was constructed on 1144 Sorin Street at some point between 1917 and 1936. The house was demolished in 2020 and the lot remains vacant. No development has occurred on 1148 Sorin Street. Traffic and Transportation Considerations: At this site, Sorin Street is a 40' wide street with one lane of traffic in each direction and on-street parking. Arthur Street is 30' wide two-way street with on-street parking Agency Comments Agency Comments: There are no additional comments at this time. There are no Engineering 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 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 Future Land Use Map (2006) identifies this area for Medium Density Residential. Plan Implementation/Other Plans: The petition is consistent with the Northeast Neighborhood Plan (2022), to support the production of a range of housing types through new construction. 2. Current Conditions and Character: SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0260-25 6/16/2025 The surrounding neighborhood is compact and largely residential. To the east, the neighborhood is comprised primarily of single unit dwellings. Density increases and a wider range of residential building types and commercial spaces are found to the west along North Eddy Street and moving towards downtown. 3. Most Desirable Use: The most desirable use for this property is medium density housing that matches the scale and character of the surrounding area and provides additional units in the area. 4. Conservation of Property Values: Developing a new residential project on currently vacant land will contribute to the growth and value of the surrounding neighborhood. 5. Responsible Development and Growth: It is responsible to allow for continued development in the Northeast Neighborhood in the form of smaller scale, compact housing that introduces units to the area. Variance(s) The petitioner is seeking the following variance(s): Article 21-03.04 (d) Building Setbacks- 5' side to 1' side on the north side of lots 2, 3, and 4. 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 will not be injurious to the public health, safety, morals, and general welfare of the community. These are detached homes being built on a vacant parcel adjacent to other detached homes. (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 will not be affected in a substantially adverse manner. These are detached homes going into a neighborhood of detached homes of varying sizes. (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 result in practical difficulties in the use of the property. Each resident would have difficulty utilizing outdoor space with only a 5' side yard of property. (4) The variance granted is the minimum necessary. The variance granted is the minimum necessary.The applicant is requesting the variance to reflect the spirit of the statute. The homes in question still would have a 10' space between their sides, similar to the two 5' side setbacks. It is adjusting that side lot line to permit the property owners to have quasi-private outdoor space to enjoy while maintaining the intent of the side setback. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The variance granted does not correct a hardship caused by the current owner. This variance is providing usable side yards to the future owners of these homes, this hardship is created by the way the zoning ordinance applies to side setbacks of properties. SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report-PC#0260-25 6/16/2025 Analysis & Recommendation Commitments: No commitments are proposed at this time. Analysis: Rezoning the property to U2 Urban Neighborhood 2 will allow for the development of smaller scale, compact housing that will introduce new units to the area. This rezoning and project is consistent with the Northeast Neighborhood Plan, which supports rezoning properties within the U1 District to the U2 District for sensitively designed buildings at a scale compatible with surrounding residential properties.The variance provides the opportunity for the eventual residents to have quasi-private outdoor space while maintaining the spirit of the ordinance it is varying from. Recommendation: Based on information provided prior to the public hearing, the Staff recommends the Commission send the rezoning to the Common Council with a favorable recommendation and approve the variance as written. SOUTH BEND PLAN COMMISSION Page 5 of 5 Filed in Clerk's Office APR 2 3 BILL NO. 29-25 Bianca Tirado ORDINANCE NO. 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 1144 SORIN STREET AND 1148 SORIN STREET COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2. 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: LOT 13 AND LOT 14 OF PARK PLACE 1 sT ADDITION TO THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 1144 AND 1148 SORIN STREET be and the same is hereby established as U2 Urban Neighborhood 2 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 Lee, Council President South Bend Common Council Attest: Bianca 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 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 - City of South Bend 227 UV Jefferson Suite 1400S South Bend. IN 46601 PLAN COMMISSION zoning@southbendin gov Petition for Rezoning or Combined Public Hearing Property Information G18_son_aa(,3 01s-50ts).- dk4 Tax Key Number71-09-06-351-015.000-026; 71-09-06-351-016.000-026 Address: 1144 & 1148 Sorin Street South Bend, Indiana 46617 Owner: Legal Description: Filed in Clerk's Office Lot 13 Park Place 1st Addition Lot 14 Park Place 1st Addition APR 2 3 2025 Bianca Tirado City Clerk, South Bend, IN Project Summary The project is a 6-lot cottage court layout located on the SW corner of Arthur & Sorin Street. Parking is on the alley side with an artistic internal sidewalk layout. Requested Action Application includes (check all that apply) 0 Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicablE Proposed District U2 Urban 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 (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: Article 21-03.04 (d) Building Setbacks - 12' front; 5' rear; Lot depth 46' Article 21-03.04 (f) Building Form - Building Orientation front on lot 5 Articel 21-08.02 (3) Building Height - 2 stories; Building units 6 Required Documents E✓ Completed Application (including Contact Information) ✓ Site Plan drawn to scale EFiling Fee Additional documents as noted above 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 approval of the front, rear, lot depth, height, units and building form (frontage) will not affect the health safety and welfare of the community. The building form of the cottage court with size, orientation and applicable development standards criteria fit the form of the existing neighborhood and does not negatively affect development patterns with any conflicts to the use of the orooertv. (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 use and value of the area adjacent to the property included in the variance will not be affected by front, rear, lot depth, height, units and building form variances. The layout fits what is considered good building form and allows for pedestrian access, open air, light to exist on this property and adjacent property to the west and south. The height is similar to existing buildings in the neighborhood and the setbacks needed are also similar to what exists in (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The strict applications of the terms of this ordinance would result in practical difficulties if lot lengths were to be reorganized to fit lesser home on slightly bigger lots. Lot width is in excess and offsets whatever shortage in length; applying setbacks to each building is in excess when the cottage court form has predetermined layout to face homes to the interior, as it appears the building form is dismissed in place of standards for each lot; Building height reduction in (4) The variance granted is the minimum necessary, because: The variance granted is the minimum necessary to have a preferred layout of a cottage court form based housing development. Variances determined for the height, building form (frontage), placement and quantity are needed to fit the buildings on the lots. Layout and arrangement of structures is first approach to making the building form work and have a desired feel because of how the fronts of the structures are oriented. The design is purposefully and the (5)The variance does not correct a hardship caused by a former or current owner of the property, because: The variance does not correct a hardship as this is the preferred layout of the cottage court with interior facing buildings. This is planned by design and is also presented in this manner to give the most ideal function of these structures. No hardship is created as it is a planned community. Contact information Property owner(s) of the petition site: Name: Coorsmith Properties, LLC Address: 3566 Douglas Road South Bend, In 46635 Name: Address: Name: Address: Contact Person: Name: Abonmarche Consultants. Inc. - Chris Godlewski Address: 315 W. Jefferson Blvd South Bend, In 46601 Phone Number: 574 393 9804 cgodlewski@abonmarche.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: sail! U n ui m 0 a i ueld NIe2n w 1!s OAJU AODUT o: f gy Z AM0"9f5'N S..04,I , 0� Q 05590 NI'»uoda.N r� ^ y f Q-y_ �, „,...�.,,. ". lnyyro .0 s02...0D aim ad.no,alun8 L69 I I� �`I/ Via'," R' S o Ir 111 /1.g y • -.. 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