HomeMy WebLinkAboutRezoning 3408 Ardmore Trail & the Vacant Parcel West of and Adjacent to 3408 Ardmore TrailORDINANCE No. 10355 -15
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
April 13,
20 15
Presented by me to the Mayor of the City of South Bend, Indiana
April 14, 20 15
Clerk
znt of Common Council
Approved and signed by me 41C-f 1L(G 1- 20 /6
City Clerk
Mayor
ORDINANCE NO. L0 3 rf` ( S'
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 3408 ARDMORE TRAIL AND THE VACANT PARCEL WEST OF AND ADJACENT
TO 3408 ARDMORE TRAIL, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.
2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTIES FROM CB COMMUNITY B USINESS
DISTRICT TO SF2 SINGLE FAMILY AND TWO FA MIL Y RESIDENTIA L DISTRICT TO ALLOW
FOR A CHARTER ELEMENTARY SCHOOL FACILITY.
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 QUARTER OF SECTION 4, 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
# 2 OF THE PLAT OF " ARDMORE TRAIL MINOR SUBDIVISION" AS RECORDED BY
DOCUMENT NO. 1426953 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDER'S OFFICE; THENCE NORTH (BEARINGS ASSUMED) ALONG THE WEST LINE
OF SAID IOTA DISTANCE OF 589.69 FEET MORE OR LESS TO THE SOUTH RIGHT -OF-
WAY LINE OFARDMORE TRAIL; THENCE NORTHEASTERLYALONG SAID SOUTH LINE A
DISTANCE OF 663.83 FEET MORE OR LESS; THENCE SOUTHA DISTANCE OF216 35 FEET
MORE OR LESS, THENCE EAST A DISTANCE OF 20.00 FEET MORE OR LESS; THENCE
SOUTH A DISTANCE OF 617.82 FEET MORE OR LESS TO THE NORTH RIGHT -OF -WAY
LINE OF PRAST BOULEVARD; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF
626.53 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 9.90 ACRES MORE OR LESS.
be and the same is hereby established as SF2 Single Family and Two Family Residential
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.
2
Member o the Common Council
Attest:
— fW1. ctw UrAAitw�-
City C Ter
Pfesented by me to the Mayor of the City of South Bend, Indiana on the _(� day of
r% , 20 , at (I S V o'clock q m.
City C rk , ,Q.-�
Approved and signed by me on the If day of n 201, -, at
o'clock _JL—.m.
the City of South Bend, Indiana
1st READING 21r�J3 -( 6J��o�
PUBLIC HEARING "t���r �1 SVv
3rd READING L (—L3-(T O- S
NOT APPROVED
REFERRED A�, P-
PASSED
Filed In ci WIC's Office
HA? 18 Z015
JOHN Via WIDE
CITY CLERIC, SOUTH SEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06 -15 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 3408 ARDMORE TRAIL AND
THE VACANT PARCEL WEST OF AND ADJACENT TO
3408 ARDMORE TRAIL, SOUTH BEND, INDIANA,
COUNCILMANIC DISTRICT NO. 2 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 by a new legal description.
This bill was heard by the Zoning & Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION FOR A COMBINED HEARING
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 and to the Area Plan Commission to grant the following variance(s):
1) The subject property is located at:
3408 Ardmore Trail, South Bend, Indiana 46628.
2) The property Tax Key Number(s) is /are: Key # 1: 18 -2191- 719201, 18- 2191- 719202
3) Name and address of property owner(s) of the petition site:
St. Vincent DePaul Society of St. Joseph County, Inc. City of South Bend
520 Crescent Avenue Dept. of Community Investment
South Bend, Indiana 46617 227 W. Jefferson Blvd.
574- 234 -6000 14'h Floor County-City Building
E -Mail Address N/A 574- 235 -9371
4) Name and address of contingent purchaser(s), if applicable:
N/A
E -Mail Address N/A
5) It is desired and requested that this property be rezoned:
From: CB Community Business District
To: SF2 Single Family and Two Family Residential District
6) This rezoning is requested to allow the following use(s): Charter Elementary School
If applicable, a detailed description and the purpose of the variance(s) being requested:
The Petitioners, St. Vincent DePaul Society of St. Joseph County, Inc. and the City of South Bend have
been the owners of the real estate on Ardmore Trail for the past several years as shown in the records of the
Auditor's office. They have been approached by an interested party who would desires to purchase the
property and operate a Charter Elementary School at the site. The contingent purchasers would renovate the
existing building as well as add onto the existing structure with administrative offices, lobby entry area and
gymnasium into a neighborhood Charter Elementary School. There would also be extensive changes to the
site with new landscaping, outdoor recreational areas and a redesigned parking area with an updated drop -
off and pick up area for school students.
Based on discussions with the Building Department and Area Plan Commission staffs, in order to be
allowed to operate the Charter Elementary School as shown, the property would be required to be rezoned
to a Residential classification where the school is a permitted use. Due to the renovation of the existing
building some Variances would be needed to be approved as well, to bring the proposed use and
improvements on the property into compliance with the developmental standards under the SF2 Single
Family and Two Family Residential District zoning standards.
Once the Rezoning is initiated, the properties included are required to be brought up to all the
developmental standards of the zoning district being requested. In this particular situation, the Rezoning
necessitates that Variances be approved for screening type, perimeter landscaping and pavement
encroachment into setbacks. Shown below are the Variances being requested for the property:
A). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story
deciduous tree every forty (40) feet along all perimeter property boundaries to providing no additional trees
along the easternmost 220 feet more or less of the south property line as shown. The petitioners are asking
for approval of this Variance as the property is located in an older developed commercial corridor site.
There is existing pavement in this area for the loading dock, which leaves little room for the placement of
perimeter trees along with screening. The Petitioners and contingent purchasers do not believe approval of
this Variance would have a negative impact on any surrounding property.
B). A Variance to allow modification of an existing loading dock and driveway pavement to encroach into
25 foot Front -yard Setback along Prast Boulevard to a minimum of 8 feet to the right -of -way line of said
Prast Boulevard. This loading dock area has existed on the south side of the building for the past several
decades when the structure was used for commercial purposes. The modified location is designed to work
with the renovated building. The Petitioners and contingent purchasers are showing that the loading dock
area will be screened from street view with evergreen plantings. The Petitioners and contingent purchasers
do not believe approval of this Variance would have an adverse impact on any surrounding property.
C). A Variance to allow pavement for a proposed driveway to encroach into the 20 foot Side -yard Setback
along the west property line to a minimum of 10 feet a shown. The site is being developed with an internal
driveway system to allow for the drop -off and pick of school children. A small portion of the perimeter
driveway encroaches into the Side -yard Setback. The Residential classification does not allow for a
driveway of a non - residential use to encroach into the large Side -yard Setback. This requirement was most
likely based on the assumption that a home may be located on the adjacent property. In this case the
adjacent property is zoned "CB" Community Business. The Petitioners and contingent purchasers do not
believe approval of this Variance would have a negative impact on any surrounding property.
8) A statement on how each of the following standards for the granting of Variances is met:
The Petitioners and contingent purchasers would state that they are renovating an existing Commercial
property which was built under the old zoning standards for the City. They are taking an outdated building
which was not required to meet extensive setback standards, screening requirements or the placement of
loading docks or pavement in relation to property lines and creating a new building use. The Petitioners and
contingent purchasers believe they have mitigated the effect the existing and proposed improvements
would have on any adjacent property. The requested number of Variances reflects a situation that exists for
renovation projects that are located in older neighborhoods. The building has existed for the past several
decades and no longer viable as a retail use. The Petitioners and contingent purchasers would state that the
approval of the above requested Variances will not be injurious to the public health, safety, morals and
general welfare of the community. As envisioned the proposed improvements will renovate the exterior of
the existing structure, allow a re -use of an older commercial building and add landscaping on -site where
none presently exists. This will increase the public health, safety, morals and general welfare of the
community. The Petitioners and contingent purchasers would also state that the use and value of the area
adjacent to the property included in the Variances will not be affected in a substantially adverse manner.
The site as proposed will provide more screening, landscaping than has existed before. The proposed
improvements should help to stabilize values for neighborhood properties adjacent to the site.
The Petitioners would state that the strict application of the terms of this Ordinance would result in
practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any
proposed improvements very restricted and create a situation where owners could do little to add value to
their property.
9). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also
be submitted.
The Petitioners have supplied a site plan to help show the proposed improvements and reflect the
Requested Variances.
10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: N/A
11) A statement on how each of the following standards for the granting of a Special Exception is met:
N/A
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 copy of a legal description of the property;
(b) 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;
(c) 17 site plans; and
(d) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
Signature(s) of All Property owner(s), or
signature of Attorney for all property owner(s):
e:
St. Vincent DePaul Society of St. Joseph County, Inc.
520 Crescent Avenue
South Bend, Indiana 46617
574- 234 -6000
E -Mail Address N/A
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Harner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mcZanch@danchharner.com
Name:
City of South Bend
Dept. of Community Investment
227 W. Jefferson Blvd
14°i Floor County-City Building
574- 235 -937
E -Mail Address N/A
Filed in Clerk's Office
FEB 2L',i�
JOHN iiO646E
CITY CLERK, SO4DTH BEND, IN
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 copy of a legal description of the property;
(b) 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;
(c) 17 site plans; and
(d) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
Signature(s) of All Property owner(s), or
signature of Attorney for all property owner(s):
Name:
St. Vincent DePaul Society of St. Joseph County, Inc.
520 Crescent Avenue
South Bend, Indiana 46617
574- 234 -6000
E -Mail Address N/A
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Horner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mclanch@clanchharner.com
zzzzz
�lqame:
City of South Bend
Dept. of Community Investment
227 W. Jefferson Blvd
14`h Floor County-City Building
574- 235 -937
E -Mail Address N/A
Filed In Clerk's Office
FpEy�
- V HAY.. 15 k�'N T43IFeyvv
CITY CLERK, q-VJ i H BEkA M
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 4, 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 # 2 OF THE PLAT OF "ARDMORE TRAIL MINOR
SUBDIVISION" AS RECORDED BYDOCUMENT NO. 1426953 IN THE RECORDS OF
THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH
(BEARINGS ASSUMED) ALONG THE WEST LINE OF SAID LOT A DISTANCE OF
399.69 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF ARDMORE
TRAIL; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE A DISTANCE OF
663.83 FEET MORE OR LESS; THENCE SOUTH A DISTANCE OF 21635 FEET
MORE OR LESS; THENCE EAST A DISTANCE OF 20.00 FEET MORE OR LESS,
THENCE SOUTH A DISTANCE OF 617.82 FEET MORE OR LESS TO THE NORTH
RIGHT -OF -WAY LINE OF PRAST BOULEVARD; THENCE WEST ALONG SAID
NORTH LINE A DISTANCE OF 62653 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 9.90 ACRES MORE OR LESS.
Filed i.ql CIO, Office
FEB J =i 20ia
JOHt ;�r a¢�ran
CI Y CLER iH BENS, i�y
'how �60
LAWRENCE P. MAGLIOZZI
EXECU'I IVE DIRECTOR
Angela M. Smith
D.,puty Dir —to,
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
2] W. JEFF RS N BLVD. ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (5]4) 235 -95]1
We Ac Marc 18, 2015
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, fN 46601
RE: A proposed ordinance of the Career Academy of South Bend, Inc. to zone from CB Community Business
District to SF2 Single Family & Two Family District, property located at 3408 Ardmore Trail, City of South
Bend - APC# 2734 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Career Academy of South Bend, Inc. and was legally
advertised on Thursday, March 05, 2015 and that the Area Plan Commission at its public hearing on Tuesday,
March 17, 2015 took the following action:
Upon a motion by Dan Brewer, being seconded by Robert Schrock and unanimously carried, the proposed
ordinance of the Career Academy of South Bend, Inc. to zone from CB Community Business District to
SF2 Single Family & Two Family District, property located at 3408 Ardmore Trail, City of South
Bend, is sent to the Common Council with a FAVORABLE recommendation. The conversion of this
vacant site into a school would create an asset for the community. Renovating the building and
establishing landscaping will create a place that is safer and more aesthetically pleasing. Its proximity to
the library, community garden, and residential neighborhoods make it a logical and compatible
development.
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,
Lawrence P. Magliozzi
Attachment
CC: Career Academy of South Bend, Inc.
Danch, Harper & Associates
Filed in mice
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APC # 2734-15