HomeMy WebLinkAbout9871-08 Annexation & Rezoning - Stadium Place Developers, LLC - 54700 Block of Burdette StreetORDINANCE No.
Passed by the Common Council of the Ciry of South Bend, Indiana
November 10,
20 08
Attest: -~ - ~~~~-~--~ -m-'~.'"~~ City Clerk
Attest: ~ "~(~ - ~ President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 12, 08
20
JO.
Approved and signed by me November 12 20 0 8
Mayor
City Clerk
ORDINANCE NO . ~ ~ ~ ~ ~ ~ O O
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH:
COUNCILMANIC DISTRICT #4,
STADIUM PLACE DEVELOPERS, LLC (PETITIONER)
54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA BEING ON THE
EAST SIDE OF BURDETTE STREET APPROXIMATELY 120 FEET NORTH OF VANESS
STREET AND ALSO THE NORTHWEST CORNER OF WILLIS AVENUE AND VANESS STREET
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 0.77+/-
acres located in Clay Township, St. Joseph County, Indiana, has been
filed by 100$ of the owners of the land in the territory sought to be
annexed. It is the intent and purpose of the Ordinance to annex this
territory to the City of South Bend, Indiana, and to establish a zoning
district for this territory.
THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AS FOLLOWS:
SECTION I. That the following described real estate situated in St.
Joseph County, Indiana, being contiguous by more than one-eight (1/8)
of its aggregate external boundaries with the present boundaries of the
City of South Bend, Indiana, shall be and. hereby is annexed to and
brought within the City of South Bend:
ANNEXATION LEGAL DESCRIPTION
PARCEL I. (ANNEXATION & REZONING):
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH,
RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS
DESCRIBED AS: BEGINNING AT A POINT THAT IS NORTH 184.64 FEET MORE OR
LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF BURDETTE
STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE NORTH
ALONG SAID EAST RIGHT-OF-WAY LINE, 82.85 FEET MORE OR LESS; THENCE
WEST, 60.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF SAID BURDETTE STREET; THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE,
46.70 FEET MORE OR LESS; THENCE EAST, 356.00 FEET MORE OR LESS; THENCE
SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO THE POINT
OF BEGINNING.
CONTAINING 0.95 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL II. (REZONING):
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH,
RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS
DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT-
OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-OF-WAY LINE OF WILLIS
AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS
STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR
LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID
EAST RIGHT-OF-WAY LINE, 64.90 FEET MORE OR LESS; THENCE EAST, 296.00
FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE EAST,
296.00 FEET MORE OR
LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS AVENUE;
THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR
LESS, TO THE POINT OF BEGINNING.
CONTAINING 1.83 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. That the boundaries of the City of South Bend, Indiana,
shall be and are hereby declared to be extended so as to include the
real estate of the above described Parcel I as a part of the City of
South Bend, Indiana.
SECTION III. 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 above described real estate in Parcels I ~ 22,
with the exception of all adjacent rights-of-way, is hereby established
as "PUD" Planned Unit Development District, in the City of South Bend,
St. Joseph County, State of Indiana; provided, however, that the
required, established, and stated procedures for review of such zoning
classification by the Area Plan Commission have been fully satisfied.
SECTION IV. This Ordinance shall be in full force and effect 30 days
from and after its passage by the Common Council, approved by the
Mayor, and legal publication.
At
Ci y Clerk
J f
Member o t Common Council
Presented by me to the Mayor of the City of South Bend, Indiana on
the ( ~ Day of g~ 2 p~ at Z '~ Z~ O'clock ~. M.
City Clerk
1
Approved and signed by me on
~; 3a O' clock ~.M.
~-
tne~ day of ~X'r'°~ ,2008 at
Mayor,-/City o outh Bend
i'~i;LiC FiE;~'iNG ~ O-LZ--~g a.~ Subs~ri~°-~
:5 rd !'[.~'JING l(.~t0-aQ' o~ Sc.~s~-~,v.'i~'t~
C:OT AP?ROVEG
REFERRED
PASSED L~-lo-og QS sub.-~~~t.+.~C_~`
Filed In C1erk'e ®ilice
AUG 2 8 2008
JOHN SO SE D IN.
Ci'TY CIERY.,
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED L7~7D
IN THE CITY OF SOUTH BEND, INDIANA
We the undersigned, make application to the Common Council of the City of
South Bend, Indiana, for the voluntary annexation of land to the City of
South Bend, Indiana, and for the zoning of that land in Clay Township, St.
Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s)
as follows:
1). We are the owner(s) (hereinafter "petitioners") of a parcel of
land more particularly described in Exhibit "A".
2). Petitioner(s) desire that the parcel be annexed to the City of
South Bend, Indiana, and be granted a zoning designation as
herein requested, both by proper ordinance.
3). That this Petition is signed by at least (CHECK ONE):
X a. one-hundred percent (100$) of the owners of the land in
the territory sought to be annexed; OR
b. fifty-one percent (51~) of the owners of the land in
the territory sought to be annexed; OR
c. the owners of seventy-five (75~) of the total
assessed value of the land for property tax
purposes.
4). The property sought to be annexed and rezoned is located at:
54700 Burdette Street South Bend, Indiana 46637, being on the East
side of Burdette Street approximately 120 feet North of Vaness
St. and also the Northwest corner of Willis Ave. & Vaness St.
5). The Property Tax Key Number(s):
Property Tax Key Nos. 02-1106-5383,
Property Tax Key Nos. 02-1106-5389.01
6). The name & address of the property owner(s) of the petition site
is/are:
Stadium Place Developers, LLC
822 Main Street
Lafayette, Indiana 47902 (765) 429-4044
7). That the name and address of the contingent purchaser(s), if
applicable, is/are: N/A
8). Parcel I, the property to be annexed is 0.95+/- acres in size and
currently has the following use(s) on it: Single-family home.
Parcel II, the property to be rezoned 1.83+/- acres in size and
is presently in the City and contains two Buildings under
construction.
9). Number of people currently residing on the property: 1
2
10). It is desired and requested that the petition site be rezoned:
Parcel I.:
From St. Joseph County Zonin Classification "R" Sin le Family
District
To City of South Bend Zonin Classifciation: "PUD" Planned Unit
Development District
Parcel II.:
From City of South Bend Zoning Classification: "MU" Mixed Use
District
To City of South Bend Zoning Classifciation: "PUD" Planned Unit
Development District
for the following uses: Residential Planned Unit Development as
allowed under the "PUD" Planned Unit Development District Zoning
classification.
11). The anticipated "build-out" year for project: 2009.
12). The proposed number of lots: 1
13). The proposed mileage of new roadways: None.
14). The following information has been submitted with the Petition:
1. A legal description of the property, titled as Exhibit "A";
2. A list of names and addresses of all property owners, along
along with the tax key numbers for all properties, within 300
300 feet of the petition property;
3. 17 Copies of site plan;
4. Addressed, stamped envelopes for all property owners within
300 feet of the petition property.
15) . The signature (s) of all property owner (s) , or Attorney for
all property owner(s).
Signed:
David Foot
16) . Name,
Stadium Place Developers, LLC
822 Main Street
Lafayette, Indiana 47902 (765) 429-4044.
Address ~ Phone Number of Contact Person/Preparer:
Danch, Harney ~ Associates, Inc.
C/O Michael Danch
1643 Commerce Drive
South Bend, Indiana 46628 (574) 234-4003;
Fii~w~ !~ ~'1~~€~;'~ office
AUG 2 0 2u08
ao~~r~ vflc ss7E
CITY Ct.`1K, ~0. C"!~iD, tN.
EXHIBIT "A"
ANNEXATION LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST,
CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT
THAT IS NORTH 184.64 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY
LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE
NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 82.85 FEET MORE OR LESS; THENCE WEST, 60.00
FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID BURDETTE STREET;
THENCE NORTH ALONG SAID RIGHT-OF-WAY LINE, 46.70 FEET MORE OR LESS; THENCE EAST, 356.00
FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO
THE POINT OF BEGINNING.
CONTAINING 0.95 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD
LEGAL DESCRIPTION PARCEL I
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST,
CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT A POINT
THAT IS NORTH 249.60 FEET MORE OR LESS FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY
LINE OF BURDETTE STREET AND THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET; THENCE
NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 129.80 FEET MORE OR LESS; THENCE EAST, 296.00
FEET MORE OR LESS; THENCE SOUTH, 129.80 FEET; THENCE WEST, 296.00 FEET MORE OR LESS, TO
THE POINT OF BEGINNING.
CONTAINING 0.88 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD
LEGAL DESCRIPTION PARCEL II
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST,
CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT
THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-
OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID
VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE
WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE
STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 64.90 FEET MORE OR LESS;
THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH, 64.90 FEET MORE OR LESS; THENCE
EAST, 296.00 FEET MORE OR LESS, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID WILLIS
AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS, TO
THE POINT OF BEGINNING.
CONTAINING 1.83 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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AUG - 5 2008
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SCALE 1 •= 100'
DaKCh, HarKerdrA~ociates,l~
Land Surveyors Professional Engineers '~
Landscape Architects• Land Planners
2
Office: (574)234-4003 / (800)594-400] • Fax: (574)2}4-4119
164J Commerce Drive South BenO, IN 46626
LINE BEARING DISTANCE
L-1 NORTH 82,851
L-2 WEST 60.OOt
L-3 NORTH 46.701
~~ Uanch, F/arner ~ ~I ssociates, Inc.
MICHAEL ~. DANCH, L.A.
RON HARNER, P.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Land Surveyors Professional Engineers
Landscape Architects ^ Land Planners
July 31, 2008
RE: Annexation & Rezoning Petition for
Stadium Place Developers for property in
the 54700 Block of Burdette Street and Rezoning for
property in the 1800 Block of Vaness Street, South Bend, Indiana:
Dear Council Members:
Our client is requesting the approval of an Annexation and Rezoning
to the "PUD" Planned Unit Development District Classification for their
property located in the 54700 Block of Burdette Street and property in
the 1800 Block of Vaness Street, South Bend, Indiana. This Annexation
and Rezoning is to allow for the construction of three residential
buildings within a proposed Planned Unit Development.
Our clients hope that the Council will approve the requested
Annexation and Rezoning request. They believe the requested rezoning
would fit in this established neighborhood area of South Bend that
contains a mix of residential type land uses.
If you have any questions concerning this matter, please feel free
to give me a call at 234-4003.
Sincerely,
ichael J. Danc
President
Danch, Harner & Associates
File No. 080178 "C" Md.
~l~t'Lli 9:~a ~: Slra.~.. R2! i,~`i~v y
AUG - 5 2u~~~
~r;tJ'JOCAGE
1643 Commerce Drive ^ South Bend, IN 46628
office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119
208 West Mars Berrien Springs, MI 49103
office 2691471-3010 ^ Fax 269/471-7237
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
September 17, 2008
The Honorable Council ofthe City of South
Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Stadium Place Developers, LLC to zone from R
Residential District (County) and MU Mixed Use District (City) to PUD Planned Unit Development
District (City), property located at the northwest corner of Vaness and Willis Streets; and the
northeast corner of Vaness and Burdette Streets beginning approximately 120 feet north of Vaness
Street and approximately 90 feet east of Burdette Street., City of South Bend - APC# 2480-08
Dear Council Members:
I hereby Certify that the above referenced ordinance of Stadium Place Developers, LLC was legally
advertised on Thursday, September 4, 2008 and that the Area Plan Commission at its public hearing on
Tuesday, September 16, 2008 took the following action:
Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously
carried, the proposed ordinance and site development plan of Stadium Place Developers,
LLC to zone from R Residential District (County) and MU Mixed Use District (City) to PUD
Planned Unit Development District (City), property located at the northwest corner of Vaness
and Willis Streets; and the northeast corner of Vaness and Burdette Streets beginning
approximately 120 feet north of Vaness Street and approximately 90 feet east of Burdette
Street, City of South Bend is sent to the Common Council with a favorable recommendation.
The petition is consistent with recent developments in this area.
Previous approvals for this and surrounding sites has established Vaness Street as a higher
density, pedestrian-orientated area, connecting the University of Notre Dame campus with the
State Road 23 commercial/business corridor.
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,
[~/
ohn W. B omi
Y
JWB:jsc
Attachment
CC: Stadium Place Developers, LLC
Danch, Hamer & Associates, Inc.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Report
APC # 2480-08
®wner: Stadium Place Developers, LLC
Location: The northwest corner of Vaness and Willis Streets; and the northeast corner of
Vaness and Burdette Streets beginning approximately I20 feet north of Vaness
Street and approximately 90 feet east of Burdette Street.
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from R Residential District (County) and MU Mixed
Use District (City) to PUD Planned Unit Development District (City) to allow residential planned
unit development.
Land Uses and Zoning:
On site: On site are two apartment buildings under construction.
North: To the north are three single family houses and undeveloped property zoned R
Singe Family District (County).
East: To the east across Willis is an automobile retail and service business zoned C
Commercial (County).
South: To the south across Vaness Street are apartments zoned MF2 High Density
Multifamily District (City) and amulti-tenant retail center zoned CB Community
Business District (City).
West: To the west across Burdette Street is a townhome development zoned MF 1
Urban Corridor Multifamily District (City).
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 Chapter. 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 Chapter.
Site plan description:
The site is 2.71 acres. There will be three -three story buildings covering 32, 348 square feet or
27% of the site. The density is 31 units per acre. The paved areas will cover 62, 552 square feet or
approximately 53% of the site. The remaining 23,148 square feet or 20% of the site is open space.
The site plan shows 135 on-site parking spaces. The number of parking spaces as proposed does
not meet the current standards of the South Bend zoning ordinance which is two spaces per unit.
However, the two buildings along Vaness Street were granted building permits under the previous
standard which was one parking space per unit.
Zoning and land use history & trends:
In March 2007, the City Council passed a rezoning from R Single Family District to MU Mixed
Use District for the portion of the subject property located at 54759 Willis Avenue, and 18301,
18349, 18369 Vaness Street in order to allow a three story condominium hotel (APC # 2403-06).
The subsequent owner began construction of apartments rather than a condominium hotel.
Stadium Place Developers, LLC
#2480-08
Page 1 of 1
Traffic and transportation considerations:
Vanes Street, Willis Avenue and Burdette Street are two lanes each.
Utilities:
The site will be served by public water and sewer from the City of South Bend.
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
Objective Hl.l Encourage residential developments to contain a mix of housing types,
densities, price ranges and amenities.
Objective H5.1 Promote the variety, style, and affordability of the housing stock.
This petition is consistent with the City of South Bend Comprehensive Plan (City Plan)
objectives for housing.
Land Use Plan:
Objective LU 2.1 Encourage developers to use planned unit and traditional neighborhood
development models to promote land use compatibility in future developments.
2. Current conditions and character:
The area surrounding Vaness Street, Willis Avenue, and Burdette Street has a variety of uses. To
the north on Vaness and Burdette Street there are three single family houses and the Irish
Crossings townhouse development, while the south side of Vaness Street contains the Turtle
Creek Apartment. The character of the area between South Bend Avenue and Vannes Street and
the area east of Willis Avenue is commercial and multifamily. The character of the area west of
Burdette Street is residential.
3. Most desirable use:
The most desirable use is higher density residential.
4. Conservation of property values:
The surrounding commercial and multifamily property values should be conserved with the PUD
rezoning. However, the surrounding single family homes need to be properly buffered to protect
their property values.
5. Responsible development and growth:
It is responsible development and growth to allow sites to be appropriately redeveloped in
keeping with the surrounding area.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the petition be
sent to the Common Council with a favorable recommendation.
Analysis:
The petition is consistent with recent developments in this area.
Previous approvals for this and surrounding sites has established Vaness Street as a higher
density, pedestrian-orientated area, connecting the University of Notre Dame campus with the
State Road 23 commerciaVbusiness corridor.
Stadium Place Developers, LLC
#2480-08
Page 2 of 2
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Kezoning trom:
"R" SINGLE FAMILY & "MU" MIXED USE DISTRICT to
"PUD" PLANNED UNIT DEVELOPMENT DISTRICT
Zoning Key
COUNTY, "R" SINGLE FAMILY
COUNTY, R-2
COUNTY, "C" COMMERCIAL
COUNTY, "PUD" PLANNED UNIT DEVELOPMENT
SOUTH BEND, "SF1"SINGLE FAMILY b TWO FAMILY
SOUTH BEND, 'MF7" URBAN CORRIDOR MULTIFAMILY
SOUTH BEND, "MF2" HIGH-DENSITY MULTIFAMILY
SOUTH BEND, "LB" LOCAL BUSINESS
SOUTH BEND, "CB" COMMUNITY BUSINESS
SOUTH BEND, "MU" MIXED USE
SOUTH BEND, "GB" GENERAL BUSINESS
N
W E
.S
1 inch equals 200 feet
APC # 2480-08