HomeMy WebLinkAboutZoning - 736 California Ave, 906, 908 & 910 Portage AveORDINANCE No. 10285.14
Passed by the Common Council of the City of South Bend, Indiana
Attest:
JOHN
Presented by me to the
January 13, 2014
City Clerk
President of Common Council
of the City of South Bend, Indiana
January 14, 20 14
Approved and signed by me G-40,"497 16
20 11
City Clerk
ORDINANCE NO. O Z S t
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT, 736 CALIFORNIA AVENUE, 906,908 & 910 PORTAGE AVENUE,
COUNCILMANIC DISTRICT No. 1 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 GB GENERAL BUSINESS DISTRICTS TO
PUD PLANNED UNIT DEVELOPMENT TO ALLOW FOR A MULTI - FAMLY
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 Northeast and Southeast Quarters of Section 2, Township 37 North,
Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which
is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of "Shetterley Place 3`d
Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in
the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35
feet of said Lot # 112, Lot "A ", Lot # 33 of the Plat of "Shetterley Place 2nd Plat" to the
City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said
Recorder's office.
Containing 0.96 acres more or less.
Subject to all legal highways, easements and restrictions of record.
and the s "her y eRtablished as PUD Planned Unit Development District.
This oj$1ance shall be in full force and effect from and after its passage
n Co , approval by the Mayor, and legal publication.
Council
2
Attest:
C
Ci Cler
Presented by me to the Mayor of the City of South Bend, Indiana on the ly�K_
day of 3 O,riu , 201 ` , at 0:1-3 o'clock _o_.m.
City qyrk
Approved and signed by me on the 1 day of J-4 /" N A tL Y
20 14 , at S o'clock -f—.m.
Mayor oFthe Ci f South Bend, Indiana
1 st READING
PUBLIC HEARING
3rd READING- 13 -1`(
NOT APPROVED
as- SSu L,Aa t i,�4
ar sLJLLji 4t,
REFERRED
PASSM ( -13 -1y as- 5 �LjA, 4v--k94
Filed in Clerk's -ofice
� NOV 20 4013
JOHN? 'sS�f.3�i3�
CITY CLERK, SOUTH BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
61 -13 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 736 CALIFORNIA AVENUE,
906, 908 & 910 PORTAGE AVENUE, COUNCILMANIC
DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation as substituted.
This bill was heard by the Zoning & Annexation Committee.
Valerie Schey
Chairperson, Committee of the Whole
PETITION TO REZONE
City of South Bendd, Indiana
CC i 3 0 2013
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:
736 California Avenue and 906, 908, 910 Portage Avenue, South Bend, Indiana 46616.
Key Number(s) is /are: 18- 1062 -2658, 18- 1060 -2535, 18 -1060 -2536,
3) Name and address of property owner(s) of the petition site:
Richard & Linda Ford
908 Portage Avenue
South Bend, Indiana 46616
E -Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
Near Northwest Neighborhood, Inc.
P.O. Box 1132
South Bend, Indiana 46624
E -Mail Address N/A
5) It is desired and requested that this property be rezoned:
From: SF2 Single Family and Two Family, & GB General Business 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):
Richard Ford
908 Portage Avenue
South Bend, Indiana 46616
E -Mail Address N/A
Ph. No. 3 e,;- 3 9 Y () 4
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Harner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mdanch@danchharner.com
Linda Ford
908 Portage Avenue
South Bend, Indiana 46616
E -Mail Address N/A /
Ph. No. � j p5 '37 — j 7 to
. i � I
r
CITY UF-t ,
LEGAL DESCRIPTION
`E
That part of the Northeast and Southeast Quarters of Section 2, Township 37 North,
Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana which
is described as: Lots # 113, # 114, # 115 and Lot # 112 of the Plat of "Shetterley Place 3`d
Plat" now a part of the City of South Bend as recorded in Plat Book # 5, on Page # 60 in
the records of the St. Joseph County, Indiana Recorder's office, excepting the East 35
feet of said Lot # 112, Lot "A ", Lot # 33 of the Plat of "Shetterley Place 2nd Plat" to the
City of South Bend as recorded in Plat Book # 5 on Page # 44 in the records of said
Recorder's office.
Containing 0.96 acres more or less.
Subject to all legal highways, easements and restrictions of record.
Plied ir
:'.I1.t:I�3,
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
RE PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1140 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 Richard & Linda Ford to zone from S172 Single Family & Two Family District and
GB General Business District to PUD Planned Unit Development District, property located at 736 California
Avenue and 906, 908, 910 Portage Avenue, City of South Bend - APC# 2686 -13.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Richard & Linda Ford 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 Daniel Brewer, being seconded by Oliver Davis and unanimously carried, the proposed
ordinance of Richard & Linda Ford to zone from S172 Single Family & Two Family District and GB
General Business District to PUD Planned Unit Development District, property located at 736 California
Avenue and 906, 908, 910 Portage Avenue, City of South Bend is sent to the Common Council with a
favorable recommendation subject to a written commitment addressing the provision of additional parking
being made available. The redevelopment of this site into a mixed use development would strengthen the
Portage Avenue corridor. The PUD incorporates several of the appearance objectives of the Portage
Avenue Commercial Corridor Revitalization Action Plan, such as parking in the rear, front lot line
buildings, and landscape screening. The additional parking spaces provided by the NNN will provide
sufficient parking for residents and customers.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common
Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission.
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.
(�S i i n� etc ee rr " e l y,
�- ohn W. Byo)
Attachment
CC: Richard & Linda Ford
Near Northwest Neighborhood, Inc.
SERVING: ST.JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
w . sel osephcountyindisna.com /Areaplan
Staff Report 11/7/2013
APC # 2686 -13
Owner: Richard & Linda Ford
Location: 736 California Avenue and 906, 908, 910 Portage Avenue
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 GB General Business District to PUD Planned Unit Development District to allow a
multi - family residential development with a retail restaurant/cafd.
Land Uses and Zoning:
On site: On site is a vacant manufacturing building, its associated parking and a
vacant lot.
North: To the north is a parking lot owned by the Near Northwest Neighborhood,
Inc (NNN) zoned MU Mixed Use District. To the northwest are the offices
of the NNN zoned MU Mixed Use District.
East: To the east are single family homes zoned SF2 Single Family and Two
Family District.
South: To the south, across Rex Street, is vacant land owned by the City of South
Bend, zoned MU Mixed Use District.
West: To the west, across Portage Avenue, is an auto detailer, florist, electronics
business, and several single family homes, all zoned MU Mixed Use
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 site is just under an acre. There is an existing building, of which the front center
4,900 square feet and the northern half of the first floor fagade will be kept. A new tow -
story building will be built around those features. There will be 29 one - bedroom units and
13 two - bedroom units. A retail use, such as a restaurant or cafe will occupy 1,600 square
feet at the northwest comer of the building. The total building is 26,200 square feet or
63% of the site. There are 29 parking spaces on the lot with the building, and five
additional parking spaces on the east side of the alley. Paving will cover 29% of the site.
APC # 2686 -13 Page 1 of 3
Staff Report
11/7/2013
Additional off -site parking is located on the street or in the NNN parking lot at the
northeast corner of Portage Avenue and California Avenue. Parking screening landscaping
is proposed for the additional parking spaces. A row of shrubs is proposed on the east side
of the building and between the parking and the alley. Street trees are proposed along
Portage Avenue. Open space covers 8% of the site.
Zoning and Land Use History And Trends:
This intersection had been zoned C Commercial since the 1950s, until the most recent
map update in 2004, when this property was changed to GB General Business and the
surrounding corners were changed to MU Mixed Use.
Traffic and Transportation Considerations:
Portage Avenue has two lanes with a dedicated left turn lane at the signalized intersection
at California Avenue. California Avenue and Rex Street both have two lanes.
Utilities:
The project will be serviced by public water and sewer.
Agency Comments:
The Department of Community Investment offers a positive recommendation for the
rezoning request contingent upon the NNN supplying a document conveying the use of the
off - street parking facility on the corner of Portage and California.
Commitments:
The staff recommends a written commitment between the petitioner and the NNN
regarding use of the NNN parking lot at the northeast corner of Portage and California.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
Objective Hl: 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 identifies the main parcel as commercial, parcels surrounding
the intersection as mixed use and parcels within the neighborhood as medium density
residential.
Plan Implementation /Other Plans:
The Portage Avenue Commercial Corridor Revitalization Action Plan (November 1999)
objective to require site plan review would set corridor standards such as; encourage side
and rear parking lots, front lot line buildings, control signage, restrict lighting's impact on
nearby residences, and require landscape screening.
2. Current Conditions and Character:
The Near Northwest Neighborhood office serves as an anchor to the neighborhood. The
west side of Portage Avenue has a mix of businesses and houses. A few of the houses to
the east are vacant and boarded up.
APC # 2686 -13 Page 2 of 3
Staff Report
3. Most Desirable Use:
11/7/2013
The most desirable use for this site is retail on the first floor and residential units above.
4. Conservation of Property Values:
The redevelopment of this building along this corridor could have a positive effect on the
surrounding property values.
5. Responsible Development And Growth:
It is responsible development and growth to allow the redevelopment of an underused
building into a mixed use development.
Staff Comments:
The staff has received a Memorandum of Understanding from the Near Northwest
Neighborhood regarding the use of 26 parking spaces in their lot, located at the corner of
Portage and California.
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 to a
written commitment addressing the additional parking being made available.
Analysis:
The redevelopment of this site into a mixed use development would strengthen the
Portage Avenue corridor. The PUD incorporates several of the appearance objectives of
the Portage Avenue Commercial Corridor Revitalization Action Plan, such as parking in
the rear, front lot line buildings, and landscape screening. The additional parking spaces
provided by the NNN will provide sufficient parking for residents and customers.
APC # 2686 -13 Page 3 of 3
Rezoning from:
"GB "GENERAL BUSINESS DISTRICT &
11SF2" SINGLE FAMILY & TWO FAMILY DISTRICT to
"PI 111" w ANNFII IINTT IIFVFi nVRAFNT
MASTER ZONING KEY "
®SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT w E
■SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT s
SOUTH BEND "MU" MIXED USE DISTRICT 1 inch = 200 feet
SOUTH BEND "GB" GENERAL BUSINESS DISTRICT APC # 2686 -13