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Home My WebLink AboutZoning - 1022 20th StreetORDINANCE No. 10310 -14 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: June 23, 20 14 Presented by me to the Mayor of the City of South Bend, Indiana June 24, 20 14 City Clerk esident of Common Council JOHN VOORDE Approved and signed by me T yN f 30 20 1 �- City Clerk Pep t.11 Mayor ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20" STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND. INDIANA STATEMENT OF PURPOSE AND INTENT Expansion of the parking area for the adjacent Multi - Family parcel to the south, the current zoning of SF -2 will be changed to reflect MF -1 consistent with the south and adjacent parcel. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is 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: Lot numbered 24 as shown on the plat of Hammond and Whitcomb's 2nd addition, Recorded as plat record 10, page 167 in the Office of the Recorder of St. Joseph County, Indiana, now within and a part of the City of South Bend, St. Joseph, County, Indiana, together with the North half of the Vacated alley lying on the South Side of said Lot 24 be and the same is hereby established as MF1 Urban Corridor Multifamily District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayo% a lega ublication. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 1A*- day of J u, he , 2 o% , at o'clock M. City rk r Approved and si ned by me on the 30 day of ?(/N £ 20 at 3:00 o'clock . M. oOTIayor, City of South Bend, Indiana i s4 READING ` / ✓r� �v� / PUBLIC HEARING r b -L3 - a1 3rd READING v_Z.j —I� QS ,C'Lk„ j-,, � �l✓\1� NOT APPROVED REFERRED A' L3 f �i 0.S SU.f PASSED (�— Filed in Cler�;' Ak. Office APR 7,9 2014 JOHN da)C� .DE 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. 30 -14 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 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 to correct the legal description by adding together with the North half of the Vacated alleyly8ng on the South Side of said Lot 24. This bill was heard by the Zoning & Annexation Committee. Valerie Schey Chairperson, Committee of the Whole PETITION FOR A COMBINED PUBLIC HEARING QV of South Bendd, 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 property sought to be rezoned is located at: 1022 2e Street 2) The property Tax Key Number(s) is /are: 018 -6022 -0599 3) Name and address of property owner(s) of the petition site: Bach Investments 911 Main Street Indianapolis, IN 46220 317.584.8442 kbacha meccaeontpaaafes.cont Name and address of additional property owners, if applicable: N/A 4) Name and address of contingent purchaser(s), if applicable: N/A Name and address of additional property owners, if applicable: N/A 5) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: MFI Urban Corridor Multifamily District 6) This rezoning is requested to allow the following use(s): Expansion ofparking area to serve adjacent W-1 parcel to the South. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: Expansion of parking area and green space to serve the tenants of The Annex at IUSB. Relief is sought for the, fallowing: 1. front yard setback, from 25' to pavement 2. side yard setback from 25' to 18.9' 3. rear yard setback from 25' to 22.61 4. perimeter landscaping as all 4 sides to 6'fence on W. N and E 5. parking screening in the froru yard (W') to none (or provide this) 6. maneuvering aisle 24' to 18' (or change angle of parking space to 60 degrees) 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Relief if gran tedfor the parking layout anti landscaping will benefit the neighborhood by providing additional off - street parking for the tenants of The Annex at IUSB. Specifically, the landscape variance will ensure saftey for the tenants as thye enter and exit their vehicles. The ordinance as strictly enforced would permit larger plantings where obstructions would be present and reduce clear line -of -sight for the residents. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The property directly adjacent audio the East rear of the subject parcel is currently used as parking and landscaping is legal non - conforming. Relief if granted will provide a visual balance for the parcel and adjacent uses. The existing property is served by a pre- existing fence line along the North - F/W property line. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application of the terms of this ordinance as it applies to the subject lot will detract from the quality of life of the tenants and adjacent property owners. The IUSB area will benefit from this petition as additional off-street parking will be provided to the tenants of The Annex at IL %SB thus, an overall reduction of vehicles utilizing parking on the public street. The petition includes a reduction and request for relieffrom the landscape ordinance. The property is unique and will require a landscaping schedule that takes into account the toprographical grade change from the adjacent street The landscaping schedule as proposed 11411 serve to protect the tenants of the The Annex at IStiB via clear line -of- sight. The pre- existing fence line along the E/W property line to the North will be maintained in a workmanlike manner and continue to serve as a buffer to the adjacent North property. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Insert text 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Insert test (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert teat (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Insert text (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) 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) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Doug Merritt 115.5. Main Street, Suite 203 Mishawaka. IN 46544 574 -257 -2954 dm @professionalper•mits.com Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): Filed in Cleric's ®i L V JoHm vocWD CITY CLERK, SOUTH MID, IN Filed in Clark's Office, ! NAY 2 1 2614 t CITY CLCRr%, SOWN L41EHL% t'E / JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY. IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, May 21, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, fN 46601 RE: A proposed ordinance of Kyle D. Bach to zone from SF2 Single Family and Two Family District to MF 1 Urban Corridor Multifamily District property located at 1022 20th Street and the north half of the vacated alley to south, City of South Bend - APC# 2703 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Kyle D. Bach was legally advertised on Thursday, May 08, 2014 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2014 took the following action: Upon a motion by John DeLee, being seconded by Daniel Brewer and unanimously carried, a proposed ordinance of Kyle D. Bach to zone from SF2 Single Family and Two Family District to MFI Urban Corridor Multifamily District property located at 1022 20th Street and the north half of the vacated alley to south, City of South Bend, is sent to the Common Council with a favorable recommendation. The rezoning request is an appropriate extension for the use of the newly renovated apartments, providing much - needed parking that was not available before. 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. Sincerely, V W. B - Attachment CC: Kyle D. Bach Doug Merritt SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND w sejosephccunrylndhnxconVAmapbn Staff Report APC # Owner: Location: 2703 -14 Kyle D. Bach 1022 20th Street Jurisdiction: City of South Bend Public Hearing Date: 5/20/2014 Requested Action: 5/5/2014 The petitioner is requesting a zone change from SF2 Single Family and Two Family District to MFI Urban Corridor Multifamily District to allow uses permitted in the MFI Urban Corridor Multifamily District and four variances from the development standards. Land Uses and Zoning: On site: On site is a house and a detached garage scheduled for demolition. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a parking lot for The Annex apartment buildings zoned SF2 Single Family and Two Family District. South: To the south are The Annex apartment buildings zoned MFI Urban Corridor Multifamily District. West: To the west, across 20th Street, is the IUSB campus zoned U University District. District Uses and Development Standards: The MFI District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of. multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The area of the lot and half of the vacated alley is approximately 6,783 square feet. The existing house and garage will be removed and 8 or 9 parking spaces will be added. Pavement will cover 42% of the site and 58% will remain open space. The first perpendicular space is located in the sight triangle, so it will need be removed. Zoning and Land Use History And Trends: The parking lot to the east received a special exception for transitional parking in 1986. In September 2013, a parking variance was approved reducing the number of required parking spaces to none. On April 28, the Common Council approved the vacation of the alley to the south. Traffic and Transportation Considerations: 20th Street is a two lane street. APC # 2703 -14 Page 1 of 3 Staff Report 5/5/2014 Utilities: The site is served by municipal water and sewer. Agency Comments: The City Engineer comments the aisle needs to be 24' not 18' and the first angled parking space from 20th Street needs to be removed. The Department of Community Investment is in support of the rezoning if the screening to the west and north is required and the westernmost angled parking space is removed. Commitments: The petitioner is not proposing any written commitments. 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) H 1.2 Encourage rental housing for all income levels throughout the city. UD 1.5 Require aesthetically pleasing parking facilities. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: The River Park Neighborhood Preservation and Improvement Plan focuses on Mishawaka Avenue and does not make a specific recommendation for this area. 2. Current Conditions and Character: The three apartment buildings have become an integral part of the neighborhood. 3. Most Desirable Use: The most desirable use for this property is medium density residential. 4. Conservation of Property Values: Proper buffering and maintaining setbacks may reduce the affect on adjacent residential property values. 5. Responsible Development And Growth: It is responsible development and growth to allow the expansion of parking area to accommodate residents of the renovated apartments. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and four variances from the development standards. The Commission will forward the rezoning to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF2 Single Family and Two Family District to MF1 Urban Corridor Multifamily District. The petitioner is also requesting the following four variances: 1) from the required 5' front yard setback to 0; 2) from the required Type A: Open landscaping on all four sides to a fence on the north, APC # 2703 -14 Page 2 of 3 Staff Report 5/5/2014 the maximum height determined by the ordinance; 3) from the required off - street parking area screening in the front yard (west) to none; and 4) from the required 24' maneuvering aisle to 18', State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of variance 42 and denial of variances #1, 3 and 4. Analysis: The rezoning request is an appropriate extension for the use of the newly renovated apartments, providing much - needed parking that was not available before. The denial of the variances re- enforces the need to buffer and provide a safe environment for the existing residences, for the travelling public and for the residents of the apartment buildings. APC # 2703 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written detennination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare ofthe 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; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use ofthe property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; (3) The proposed use will be consistent with the character of the district in which lt is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. SFI SF1 Mishawaka Hale s N Mu o s 0 C H F .-1 N F MU SF I 08 Pleasant 1 7 FLB I I — — Rezoning from: "SF2 "SINGLE FAMILY & TWO FAMILY DISTRICT to "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT Zoning Classification SO �T: %D WVS K _E FAVILY ANDT \O FAMILY DSTR.OT 4M Tn5= -%D \ _E AY.I_YANDT \O AV._Y J'STR.= �SO-T.: a_ND IA.7' Jx:AN= R;Rn WR V.._LAk_Y]ISTn CT 50CTH 32.17 "Oa' O'F:C= 3., FP2R 7iSTR::T SOJT`: SEND "Ld G' VIXED LSE DISTRICT SOJTF52ND _S " °_OCACSJa NESSOSTRICf 4& SOJTHH SEND "Oa'COVI.i CN :TY 5J5ISESS DISTR:CT /// SOJTnMND"J"JU'VEiSITYJSTm= N W *E 1 inch = 250 feet APC # 2703 -14 �� 4t F.T. 16 11 E .� few _" = T IM tv"21, = !, Nil f ■�.fi ty / ry �' m �i _ � � „;. r y a PI ' { Rte! il_ .c7't„�Y ff Sl. i�eQ;