HomeMy WebLinkAboutZoning - 605, 613,617,621 Notre Dame Ave and 823 Sorin St.ORDINANCE No.
10284 -13
Passed by the Common Council of the City of South Bend, Indiana
Anest:
December 16,
20 13
JOHN VOOPDE
alaoJk&
Presented by me to the Mayor of the City of South Bend, Indiana
December 17, 20 13
City Clerk
President of Common Council
Approved and signed by me b f L &," B fA
i r 20
/3
City Clerk
Mayer
ORDINANCE NO. [ Q L$ �-'" u
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT, 605, 613, 617,621 NOTRE DAME AVENUE AND 823 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 SF2 SINGLE FAMILY
AND TWO FAMILY RESIDENTIAL AND PUD PLANNED UNIT DEVELOPMENT
DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A MULTI-
FA MLY RESIDENTIAL PROJECT.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same
hereby is 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:
That part of the Southeast Quarter of Section 1, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is described as:
Beginning at the Southwest corner of Lot 34 in the recorded Plat of "Sorin's First
Addition to the Town of Lowell, recorded in Plat Book #1, Page 35 in the office of the St.
Joseph County Recorder's Office; thence North 01 051'57" East along the West -line of
said Lot #34 & #33 in said Plat a distance of 297.05 feet more or less to the North line of
said Lot # 33; thence South 88 °27'55" East along said North line 78.6 feet more or less;
thence South 01 °51'57" West a distance of 40.02 feet more or less; thence South
88 °27'51" East a distance of 64.83 feet more or less; thence South 00 °55'24" West a
distance of 0.49 feet more or less; thence South 88 °27'51" East a distance of 143.44 feet
more or less to the Westerly right -of -way line of Notre Dame Avenue; thence South
00 °01'08" East along said right -of -way line a distance of 233.17 feet more or less to the
Northerly right -of -way line of Sorin Street; thence along said Northerly right -of -way line
for the next two courses, around a 318.31 feet radius curve to the right an arc distance of
122.97 feet more or less to the end of a chord which bears South 80 °28'30" West and
having a length of 122.21 feet more or less and North 88 °27'58" East a distance of 174.75
feet more or less to the point of beginning.
Containing 1.76 acres more or less.
subject to all legal highways, easements and restrictions of record.
and the same is hereby established as PUD Planned Unit Development District
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
A a 2
Member of the Common Council
7! t- , 4 A,.,- �-
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of Deg-" 6eA,- 20L, at ' i Or o'clock Lj m.
t
City 1 rk r
Approved and signed by me on the �8 day of 12 ilrf^ r R
20 /3 , at S o'clock P m.
Mayor ofi!t e Ci outh Bend, Indiana
ING
t St READ
PUBLIC HEARING
3rd READING
NOT APPROVED
REFERRED
PASSED
Filed iri
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J ®titti ti<ivt-0L3E
CITY CLERK, SOUTH REND, IN
PETITION TO REZONE
City of South Bend, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend
the zoning ordinance as herein requested.
1) The subject properties are located at:
605, 613, 617, 621 Notre Dame Avenue and 823 Sorin Street, South Bend, Indiana 46617.
KeyNumber(s) is /are: 18 -5031 -1129, 18- 5031 - 112901, 18- 5031 - 112902, 18- 5031 - 112903,
18 -5031- 112904, 18 - 5031 - 112905, 18 - 5031 - 112906 ,18 - 5031 - 112908,18 - 5031 - 112909,
18- 5031 - 112910,18 - 5031 - 112912,18 -5031- 112913,18 -5031- 112914,18 -5031- 112915,
18- 5031 - 112916,18 -5031- 112917, 18 - 5031 - 112918 ,18 - 5031 - 112919,18 - 5031 - 112920,
18- 5031 - 112921, 18 - 5031 - 112922,18 - 5031 - 112923,18 -5031- 112924,18 - 5031 - 112925,
18- 5031 - 112926,18 - 5031 - 112927,18- 5031 - 112928,18 - 5031 - 112929,18 -5031- 112930,
18 -5031- 112931,18 -5031- 112932,18 - 5031 - 112911
3) Name and address of property owner(s) of the petition site:
Belcorp Financial Services, Inc.
120 East Ogden Avenue
Suite 124
Hinsdale, IL 60521
E -Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
PDC Capital Group, LLC
770 3 "Avenue, SW
Carmel, Indiana 46032
E -Mail Address N/A
5) It is desired and requested that this property be rezoned:
From: SF2 Single Family and Two Family & PUD Planned Unit Development Districts
To: PUD Planned Unit Development District
6) This rezoning is requested to allow the following use(s): Multi family Residential
development.
7) Attached, and made a part of this PETITION, is:
(a) a list of names and addresses of all property owners, and the tax key numbers for all
properties within 300 feet of the petition property;
(b) six (6) site plans; and
(c) addressed, stamped envelopes for all property owners within 300 feet of the petition
property.
8) BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF
THE ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND
THAT ALL REPRESENTATIONS MADE BY THEM OR THEIR
REPRESENTATIVES AT THE AREA PLAN COMMISSION AND CITY COUNCIL
MEETINGS AS TO THE SCOPE OF THE DEVELOPMENT SHALL BE BINDING
UPON THEM AND ANY SUBSEQUENT OWNER AND OTHER PERSONS
ACQUIRING AN INTEREST THEREIN. SUCH REPRESENTATIONS SHALL BE
MADE PART OF THE RECORD AND WILL BECOME A CONDITION OF ANY
FINAL PLAN APPROVAL.
Signature(s) of All Property owner(s), or
signature of Attorney for all property owner(s):
nt ony appia- Attorney for Petitioners
52582 . 933 North
South Bend, Indiana 46637
E -Mail Address N/A
Ph. No. 574- 277 -8720
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Harner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mdanch@danchharner.coin
Filed irr';.
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LERK, ��.a B ��NO, [W
LEGAL DESCRIPTION
That part of the Southeast Quarter of Section 1, Township 37 North, Range 2 East,
Portage Township, City of South Bend, St. Joseph County, Indiana which is described as:
Beginning at the Southwest corner of Lot 34 in the recorded Plat of "Sorin's First
Addition to the Town of Lowell, recorded in Plat Book # 1, Page 35 in the office of the St.
Joseph County Recorder's Office; thence North 01 °51'57" East along the West line of
said Lot #34 & 433 in said Plat a distance of 297.05 feet more or less to the North line of
said Lot # 33; thence South 88 °27'55" East along said North line 78.6 feet more or less;
thence South 01 °51'57" West a distance of 40.02 feet more or less; thence South
88 °27'51" East a distance of 64.83 feet more or less; thence South 00 °55'24" West a
distance of 0.49 feet more or less; thence South 88 °27'51" East a distance of 143.44 feet
more or less to the Westerly right -of -way line of Notre Dame Avenue; thence South
00 °01'08" East along said right -of -way line a distance of 233.17 feet more or less to the
Northerly right -of -way line of Sorin Street; thence along said Northerly right -of -way line
for the next two courses, around a 318.31 feet radius curve to the right an arc distance of
122.97 feet more or less to the end of a chord which bears South 80 °28'30" West and
having a length of 122.21 feet more or less and North 88 °27'58" East a distance of 174.75
feet more or less to the point of beginning.
Containing 1.76 acres more or less.
subject to all legal highways, easements and restrictions of record.
Filed in s k ' "Office
Jomfl bt' 0C? jCS
CITY CLERK 80ia r ll BEND, IN
a W
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
N COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 -9571
Wednesday, November 20, 2013
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Belcorp Financial Services, Inc. to zone from SF2 Single Family & Two Family
District and PUD Planned Unit Development District to PUD Planned Unit Development District, property
located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend - APC# 2685 -13.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Belcorp Financial Services, Inc. was legally advertised on
Thursday, November 07, 2013 and that the Area Plan Commission at its public hearing on Tuesday, November 19,
2013 took the following action:
Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the
proposed ordinance of Belcorp Financial Services, Inc. to zone from S172 Single Family & Two Family
District and PUD Planned Unit Development District to PUD Planned Unit Development District,
property located at the northwest corner of Notre Dame Avenue and Sorin Street, City of South Bend, is
sent to the Common Council with a favorable recommendation subject to the written commitment
addressing occupancy, between the owner and the NNRO being recorded. This site is located in an area
with a mixture of residential uses consisting of owner- occupied, rentals and multi- tenant developments.
There are several non - residential uses in the area.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in
the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely, /
to
iohn W. Byom1�
Attachment
CC: Belcorp Financial Services, Inc.
PDC Capital Group, LLC
SERVING: ST.JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY.OSCEOLA & ROSELAND
w . stjosephcoun tyindiana.com /Areaplan
Staff Report 11/7/2013
APC #
2685 -13
Owner:
Belcorp Financial Services, Inc.
Location:
The northwest corner of Notre Dame Avenue and Sorin Street
Jurisdiction:
City of South Bend
Public Hearing Date:
11/19/2013
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family & Two Family District
and PUD Planned Unit Development District to PUD Planned Unit Development District
to allow residential units with an office /maintenance building.
Land Uses and Zoning:
On site: On site are four yet to be completed buildings, facing Sorin Street and
Notre Dame Avenue, and one incomplete interior building.
North: To the north are single family homes zoned SF2 Single Family and Two
Family District.
East: To the east, across Notre Dame Avenue, are three single family homes
zoned SF2 Single Family and Two Family District, and the Darby Row
development zoned MU Mixed Use District.
South: To the south across Sorin Street are single family homes zoned S172 Single
Family and Two Family District.
West: To the west are single family homes zoned SF2 Single Family and Two
Family District.
District Uses and Development Standards:
The Planned Unit Development (PUD) District is designed and intended to: encourage
creativity and innovation in the design of developments; provide for more efficient use of
land; permit special consideration of property with outstanding natural or topographical
features; facilitate use of the most appropriate construction techniques in the development
of land; and, provide for any individual land use not otherwise specified elsewhere in this
Ordinance. The PUD District encourages imaginative uses of open space, promotes high
standards in design and construction, and furthers the purposes of the Comprehensive
Plan. The PUD District is not intended for the development of residential subdivisions or
other developments which are provided for as a matter of right within any district of this
Ordinance.
Site Plan Description:
The total area to be rezoned is 1.76 acres. There are two residential buildings facing
Sorin Street, two residential buildings facing Notre Dame Avenue, an interior residential
building, and a rental office /clubhouse /maintenance building located at the northwest
corner of the site. These buildings total 21,527 square feet or 28% of the site. The four
street - facing buildings each contain six two- bedroom units and the interior building will
contain 36 one - bedroom units. There are 85 parking spaces at a rate of one per bedroom,
plus one space for the rental office /clubhouse /maintenance building. Paving covers
APC # 2685 -13 Page 1 of 3
Staff Report
11/7/2013
23,329 square feet or 30% of the site. There is perimeter landscaping around the entire
project boundary, foundation landscaping in front of all the buildings, and parking
screening between the parking spaces and the street. Open space is 31,810 square feet or
42% of the site.
Zoning and Land Use History And Trends:
This site was originally rezoned in 2007 for 32 residential units in 7 buildings with 32
garage spaces and 33 surface parking spaces. In February 2011, a Final Site Plan was
approved by the Commission for a 32 unit, 64 bedroom project in five buildings with 65
parking spaces. Additionally, a written commitment regarding ownership and occupancy
as well as elevation renderings were made part of the approval.
Traffic and Transportation Considerations:
Notre Dame Avenue and Sorin Street both have two lanes.
Utilities:
The site will be served by City water and sewer.
Agency Comments:
The Department of Community Investment gives a favorable recommendation, but
suggests additional landscaping, better pedestrian connectivity between buildings and bike
racks.
Commitments:
The petitioner will be entering into commitments with the Northeast Neighborhood
Revitalization Organization (NNRO) restricting the number of bedrooms to 84 and
restricting the rental of the dwelling units to graduate students, as that term is defined by
the University of Notre Dame.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
City of South Bend - City Plan, November 2006
LU 2.1: Encourage developers to use planned unit and traditional neighborhood
development models to promote land use compatibility in future developments.
ED 1.2: Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Map recommends this area for medium density residential.
Plan Implementation/Other Plans:
The Northeast Neighborhood Development Area Plan (2003) identifies the majority of the
neighborhood as single family home ownership preservation. The northwest comer of
Notre Dame Avenue and Sorin Street is not located within any of the sub -areas.
2. Current Conditions and Character:
The buildings on this site are in various stages of construction. Darby Row, across Notre
Dame Avenue, was built in 2012. Many of the single family homes are being advertised
as student rentals.
APC # 2685 -13 Page 2 of 3
Staff Report
3. Most Desirable Use:
11/7/2013
The most desirable use for this property is higher density residential. The density of this
development is 34 units per acre, or 48 bedrooms per acre. The density of Darby Row is
30 units per acre, or 55 bedrooms per acre. The density of The Belfiy, located at the
southeast corner of Notre Dame Avenue and South Bend Avenue is 31 units per acres, or
62 bedrooms per acre.
4. Conservation of Property Values:
Given the other multifamily developments along this stretch of Notre Dame Avenue, the
surrounding property values may be conserved or increased with the PUD Planned Unit
Development rezoning.
5. Responsible Development And Growth:
It is responsible development and growth to encourage the completion of buildings where
infrastructure and services exist to create a viable residential option.
Staff Comments:
The petitioner has proposed commitments with the neighborhood association. This
commitment will need to be recorded before the Final Site Plan will be approved.
Recommendation:
Based on information available prior to the public hearing the staff recommends that this
petition be sent to the Common Council with a favorable recommendation, subject the
commitments between the owner and the NNRO being recorded.
Analysis:
This site is located in an area with a mixture of residential uses consisting of owner-
occupied, rentals and multi -tenant developments. There are several non - residential uses in
the area.
APC # 2685 -13 Page 3 of 3
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Rezoning from:
"PUD" PLANNED UNIT DEVELOPMENT &
"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to
MASTER ZONING KEY
® SOUTH BEND "SF2" Slyd C-LE F-r -,IILY At4D TVVO FAMILY DISTRICT
■ SOUTH SEND -MF1 URSAN CORRIDOR MULTIFnrd ILY DISTRICT
SOUTH SEND'1vIU" MIXED USE DISTRICT
SOUTH SEND '") "OFFICE DISTRICT
SOUTH SEND 'LB LOCAL BUSINESS DISTRICT
SOUTH 8END'GB " C-ENERALB USIHESS DISTRICT
SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT
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APC # 2686 -13