HomeMy WebLinkAboutZoning - for Property Located at 140 Niles Ave.ORDINANCE No. 10313 -14
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
July 14,
2014
Presented by me to the Mayor of the City of South Bend, Indiana
July 15, 20 14
City Clerk
•esident of Common Council
Approved and signed by me -jI/ G i /'S 20 i N
U40
City Clerk
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ORDINANCE N0. c) 3(3-(
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 140 NILES AVE., COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF
SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The lot is currently zoned as CB District and we are proposing I be changed to PUD.
The PUD zoning is based on the existing CB zoning ordinance requirements, with
modifications to building height and number of stores. This proposal will allow
construction of a 6 story mixed use building.
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 eleven (11), River Race Townhomes Minor Subdivision as per plat
thereof recorded September 20, 2012 as instrument number 1229942 in the Office of
the Recorder of Saint Joseph County, Indiana
be 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 M �d le )al publication.
Council
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I st READING S. (I,—
PUBLIC HEARING 7 -1 `( —1 Y
3rd READING 7 -1 4 _t y
NOT APPROVED
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CITY CLEM SOUTH BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
32 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 140 NILES
AVE., 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 no recommendation.
This bill was heard by the Zoning & Annexation Committee.
Valerie Schey
Chairperson, Committee of the Whole
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 property sought to be rezoned is located at: 140 S. Niles Ave. South Bend IN 46617 (Corner of Jefferson and S. Niles
Ave.)
2) The property Tax Key Ntunber(s) is/are: 71- 08 -12- 252- 025.000 -026
3) Name and address of property owner(s) of the petition site:
River Race Townhoines LLC
121 S. Niles Ave
South Bend, IN 46617
979- 739 -2640
David@MatlhewsLLC, corn
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: CBD - Central Business District Additional zoning district, if applicable
To: PUD Planned Unit Development District
6) This rezoning is requested to allow the following use(s): Residential Office /Professional Services, Personal Service,
Recreation, Retail, Food Sales and Service, Clothing Service,
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) addressed, stamped envelopes for all property ousrers 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 REMADE PART OF THE RECORD AND
WILL BECOME A CONDITION OF ANY FINAL PLAN APPROVAL.
CONTACT PERSON:
David Matthews
121 S. Niles Ave
South Bend, IN 46617
574 - 6074271
David @Mattheu sLLC. corn
ignature(s) of all property owner(s), or signature of Attorney for all property owner(s):
Filed in -b f Office
MAY 29 2014
JOHN 4't'+CY DF.
CITY CLERK, SOUTA SEND, IN
li W
LAWRENCE P. MAGLIOZZI
INTERIM LSECUIIVL 1)1RLC'IOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (5941 235 -9571
Wednesday, June 18, 2014
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of River Race Townhomes LLC to zone from CBD Central Business District to PUD
Planned Unit Development District, property located at 140 S. Niles Avenue, City of South Bend - APC#
2709 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of River Race Townhomes LLC was legally advertised on
Thursday, June 05, 2014 and that the Area Plan Commission at its public hearing on Tuesday, June 17, 2014 took
the following action:
Upon a motion by Gerry Phipps, being seconded by Robert Hawley and carried, the proposed ordinance of
River Race Townhomes LLC to zone from CBD Central Business District to PUD Planned Unit
Development District, property located at 140 S. Niles Avenue, City of South Bend, is sent to the
Common Council with an unfavorable recommendation.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
County 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.
Sincerel ,
/Zi;"Lawrence P. Magliozzi
Attachment
CC: River Race Townhomes LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND
WWW.STIOSEPHCO V NTYIN -'P .C.N','eaplan
Staff Report 6/6/2014
APC # 2709 -14
Owner: River Race Townhomes LLC
Location: 140 S. Niles Avenue
Jurisdiction: City of South Bend
Public Hearing Date: 6/17/2014
Requested Action:
The petitioner is requesting a zone change from CBD Central Business District to PUD
Planned Unit Development District to allow uses permitted in the PUD Planned Unit
Development District.
Land Uses and Zoning:
On site: On site is vacant.
North: To the north are the River Race Townhomes zoned CBD Central Business
District.
East: To the east is a multi - tenant commercial building with residential units
above, and a building rented by the Metro Homicide Department zoned
CBD Central Business District.
South: To the south, across Jefferson, is Howard Park, zoned MU Mixed Use
District.
West: To the west is the Emporium building zoned CBD Central Business
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 an approximately 14,000 square feet triangular- shaped parcel. A 96' tall, six -
story, mixed use building, not to exceed 9,951 square feet is proposed with a mix of
residential and non - residential uses. A maximum of 72 residential units is shown, and non-
residential uses are limited to 34,000 square feet. No parking is provided on the site. A
3,500 square foot multi -use plaza is located at the middle of the Niles Avenue frontage.
Development standards not addressed as part of the petition and site plan will default to
the requirements in the zoning ordinance.
Zoning and Land Use History And Trends:
In April 2014, variances from the maximum allowable height of 50' to 93' and 5 to 7
APC # 2709 -14 Page 1 of 3
Staff Report 6/6/2014
stories were denied by the Area Board of Zoning Appeals.
Traffic and Transportation Considerations:
Jefferson Street has four lanes, and will soon be undergoing a streetscape project. Niles
Avenue has two lanes.
Utilities:
City utilities are available to the site.
Agency Comments:
The Department of Community Investment will support, for a 5 year period starting in
2014, height variances in the East Bank CBD District for up to 8 stories or 96'. However,
in order to gain the City's support, the project must provide for the following: a public
amenity and pedestrian scale facade treatments for the first two stories as written
commitments. The City Engineer notes that parking must be considered.
Commitments:
The petitioner is not proposing any written commitments. However, the Department of
Community Investment is requesting commitments for a public amenity and pedestrian
scale facade treatments for the first two stories.
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 LU 3: Increase the urban density of the Central Business District (CBD).
Objective LU 3.2: Encourage pedestrian- oriented, mixed -use development in the CBD.
Land Use Plan:
The future land use map identifies this site as central business district.
Plan Implementation /Other Plans:
The East Bank Village Master Plan identifies the preferred use for this property as a mixed
use area with retail uses focused on Jefferson and Niles Streets with apartments on the
upper 2nd through 4th floors.
2. Current Conditions and Character:
This area of the East Race is primarily business oriented. The addition of the East Bank
Townhomes and River Race Townhomes along with the existing Stephenson Mills
Apartments, is creating an urban mixed -use area.
3. Most Desirable Use:
The most desirable use is a mixed use building with retail uses, with apartments on the
upper floors.
4. Conservation of Property Values:
The mixed use nature of this development should protect property values.
5. Responsible Development And Growth:
It is responsible development and growth to allow a mixed use building in substantial
conformance with the East Bank Village Master Plan.
APC # 2709 -14 Page 2 of 3
Staff Report
Staff Comments:
6/6/2014
The Board of Public Works will need to approve the encroachment of the balcony into the
right -of -way.
The staff would note that the East Bank Village Master Plan: area 5 village retail, suggests
the following: "Additional retail uses focused primarily on local and regional merchants
along Jefferson and Niles streets across from the Emporium/Mole Hole building with
apartments on the upper 2nd through 4th floors." Subsequent to the adoption of the Master
Plan, the Department of Community Investment has recommended that taller buildings, up
to 8 stories /96', be considered for approval when those buildings provide a public amenity
and pedestrian scale facade treatments for the first two stories. Further note that the
Zoning ordinance limits building height to 60'.
It is the staffs opinion that the primary goals of a land use plan should be adhered to. Area
5 of the Master Plan is the only area where the height of buildings is alluded to, and
therefore is not a prime overall goal. This project meets the goals of being a multi -use
building with residential on the upper floors, and providing a public amenity.
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:
This PUD generally meets the goals in the East Bank Village Master Plan. By developing
a policy to require items like a public amenity and facade treatments in return for allowing
a taller building, new development can be supported without compromising the intent of
East Bank Village Master Plan.
APC # 2709 -14 Page 3 of 3
— I o C
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RIVER RACE FLATS
(BUILDING HEIGHT 96')
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THE EMPORIUM
BUILDING
Filed in Clerk's Office
jUL 4 2014
JOHN VOOHDE
CITY CLERK, SOUTH BEND, IN
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JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
COMMISSION OF ST. JOSEPH COUNTY, IN
127 W. IF F E 9 SON BLVD., ROOM 1110 COU N TY. CITY BU IL O IN G. SOUTH BEN.. INDIANA ,6601 ( 216� I3 S.9S 71
June 18, 2014
St. Joseph County Council
44h Floor, County -City Building
South Bend, Indiana 46601
RE: Bill # 32 -14
Rezoning
140 Niles (River Race Townhomes)
Dear Council Members:
The following changes have been made to the Ordinance for the above - referenced
petition:
Development Standards:
1) 21 -03.06 (b) (4) (B) (ii): words were changed to match numbers.
2) 21 -07.01 (b) (1): Added "Hardscape plazas are also exempt."
Ordinance: These changes were filed previously with the City Clerk.
3) The address was changed to 140 Niles, the address on file with the City Engineer's
office.
4) The councilmanic district was corrected from 3 to 4.
5) A type was corrected in the "Statement of Purpose and Intent ": CB District to CBD
District.
If you have any further questions, please call me at 574 - 235 -9571.
Sincerely, 4 Qj_\
Christa Hill
Planner
SERVING ST. JOSEPH COD -TY. EODTH BEND, LAKEVILLE, NEW CA P LISLE. NORTH LIBEPTY, OSCE OLA, 6 POSE LAND
WW W. TI O S E PH C O U N T Y I N D I A N A. CON