HomeMy WebLinkAboutRezoning - Intersections of Northside Blvd. with Notre Dame Ave & Frances St.ORDINANCE No. 10360 -15
Passed by the Common Council of the City of South Bend, Indiana
Attest:
JOHN VOORDE
June 22, 20 15
Presented by me to the Mayor of the City of South Bend, Indiana
June 23, 20 15
WWWWA
Approved and signed by me `Su n C a3 20 1,5
City Clerk
President of Common Council
City Clerk
Mayor
ORDINANCE NO. 1 0 3 0-1 r
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
THE INTERSECTIONS OF NORTHSIDE BOULEVARD WITH NOTRE DAME AVENUE AND
FRANCES STREET (COMMONLY KNOWN AS THE TRANSPO SITE),
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
REZONE THE PROPOSED PARCELS FROM THE CURRENT ZONING OF
MU -MIXED USE DISTRICT AND MF1 -URBAN CORRIDOR MULTIFAMILY DISTRICT TO
SF2 SINGLE FAMILY & TWO FAMILY DISTRICT
IN ORDER TO DEVELOP THE AREA WITH HOUSING IN THE URBAN CORE OF THE CITY OF
SOUTH BEND, AS WELL AS PROVIDE FOR LIMITED PUBLIC AND INSTITUTIONAL USES
THAT ARE COMPATIBLE WITH AN URBAN RESIDENTIAL NEIGHBORHOOD.
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:
PARCEL I:
A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH,
RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, AND ALSO BEING KNOWN AS PART OF LOTS 1, 8, 9, 10, 12, 13 AND ALL OF LOTS
2 AND 7 IN ALEX COQUILLARD'S SECOND ADDITION TO THE CITY OF SOUTH BEND, AND
ALL OF LOTS 338 THROUGH 341 AND 344 THROUGH 347 IN SAMUEL L. COTTRELL'S FIRST
ADDITION TO THE TOWN OF LOWELL, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF
NOTRE DAME AVENUE AND THE NORTH RIGHT -OF -WAY LINE OF NORTHSIDE
BOULEVARD; THENCE NORTH 62 °53'27" WEST ALONG SAID NORTH RIGHT -OF -WAY LINE,
386.73 TO THE EASTERLY RIGHT -OF -WAY OF FORMER ST. PETER STREET; THENCE
NORTH 00 002'46" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE 431.26 FEET TO THE
NORTHWEST CORNER OF LOT 338 IN SAID SAMUEL L. COTTRELL'S FIRST ADDITION;
THENCE NORTH 89 050'04" EAST, ALONG THE NORTHERLY LINES OF LOTS 338 AND 334 IN
SAID SUBDIVISION, 344.39 FEET TO THE NORTHEASTERLY CORNER OF LOT 344, SAID
POINT ALSO BEING A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF NOTRE DAME
AVENUE; THENCE SOUTH 00 °02'46" WEST ALONG SAID WESTERLY RIGHT -OF -WAY LINE,
608.48 FEET; TO THE POINT OF BEGINNING.
PARCEL II:
PART OF THE SOUTH HALF (1/2) OF LOT NUMBERED TWENTY -TWO (22) AS SHOWN ON
THE RECORDED PLAT OF COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW
THE CITY OF SOUTH BEND, ALSO PARTS OF LOTS NUMBERED TWO (2) THROUGH FIVE (5),
SEVEN (7) THROUGH TEN (10), AND TWELVE (12) THROUGH FIFTEEN (15) AS SHOWN ON
THE RECORDED PLAT OF GEORGE BECK'S FIRST ADDITION TO THE CITY OF SOUTH
BEND. ALSO LOTS NUMBERED EIGHTEEN (18) THROUGH TWENTY (22), TWENTY -THREE
(23), TWENTY -FOUR (24), AND TWENTY -SEVEN (27) AS SHOWN ON THE RECORDED PLAT
OF GEORGE BECK'S SECOND ADDITION TO THE CITY OF SOUTH BEND, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
LOT 3 IN SAID GEORGE BECK'S SECOND ADDITION; THENCE NORTH 00 °02'46" EAST
ALONG THE EASTERLY RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE, 14 FEET, MORE
OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 22 IN SAID COTTRELL'S FIRST
ADDITION; THENCE CONTINUING NORTH 00 °02'46" EAST ALONG SAID EASTERLY RIGHT -
OF -WAY LINE, 102.87 FEET; THENCE SOUTH 86 °27'30" EAST, 285.38 FEET, THENCE SOUTH
00 °02'02" WEST, 59.56 FEET; THENCE NORTH 89 °37'08" EAST, 59.46 FEET TO A POINT ON
THE WESTERLY RIGHT -OF -WAY LINE OF FRANCES STREET; THENCE SOUTH 00'00'19"
EAST ALONG SAID WESTERLY RIGHT OF WAY, 25.04 FEET TO THE SOUTHEAST CORNER
OF SAID LOT 22; THENCE CONTINUING SOUTH 00'00'19" EAST ALONG SAID WESTERLY
RIGHT -OF -WAY LINE, 14 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF LOT 2 IN
SAID GEORGE BECK'S SECOND ADDITION;; THENCE CONTINUING SOUTH 00'00'19" EAST
ALONG SAID WESTERLY RIGHT -OF -WAY LINE, 623.84 FEET TO A POINT ON THE
NORTHERLY RIGHT -OF -WAY LINE OF NORTH SIDE BOULEVARD; THENCE NORTH
51 °01'56" WEST ALONG SAID NORTHERLY RIGHT -OF -WAY LINE, 443.33 FEET TO A POINT
ON THE EASTERLY RIGHT -OF -WAY LINE OF NOTRE DAME AVENUE; THENCE NORTH
00 002'46" EAST ALONG SAID EASTERLY RIGHT -OF -WAY LINE, 344.00 FEET TO THE POINT
OF BEGINNING.
Be and the same is hereby established as SF2 Single Family Two Family 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. - - -�_
Member oft ommon Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the 2,1 r` day of -�ur4- ,
20(S, at I k% -`-� o'clock Q m.
Approved and signed by me on the pl 3 cA
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Filed in Cf erk's 01'fic
MAY 2 U 2015
J01 :;iN 001iDi
CITY CLER 4199UTN ®HND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
07 -15 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT THE NW CORNER OF
NORTHSIDE BLVD, NOTRE DAME AVENUE AND
FRANCES STREET COMMONLY KNOWN AS THE
TRANSPO SITE, 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 according to the Area Plan Report attached in
file.
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.
1) The property sought to be rezoned is located at:
Intersections of Northside Boulevard. with Notre Dame
Avenue and Frances Street (commonly known as the
Transpo Site)
2) The property Tax Key Number(s) is /are:
018- 6004 -0096, 018- 6004 - 0103,018- 6012- 027101, 018- 6004- 009901,018- 6004 -0104, 018- 6006 - 016602,
018- 6008 -0183 and part ofparcels 018- 6004 -0099, 018- 6002 -0040, 018- 6012 -0271, 018- 6004 -0097
3) Name and address of property owner(s) of the petition site:
South Bend Public Transportation Corp.
P.O. Box 1437
South Bend, IN 46624
Phone Number: 574- 233 -2131
E -Mail Address:
Name and address of additional property owners, if applicable: .
4) Name and address of contingent purchaser(s), if applicable:
Century Builders, Inc.
314 W. Catalpa, Suite F
Mishawaka, IN 46545
Phone Number: 574 -277 -4171
E -Mail Address: david @centurycustombuilders.com
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: MU -Mixed Use District and MFI- Urban Corridor Multifamily District
To: S172 Single Family and Two Family District
6) This rezoning is requested to allow the following use(s): Urban core single family housing
7) If applicable, a detailed description and the purpose of the variance(s) being requested:
(See attached Conceptual Exhibit drawing)
1) From the required lot width for a single family dwelling of 40 feet to 29 feet for Parcels B & F
2) From the required 25 foot front yard setback to a 15 foot setback for all lots; and
3) From the required side yard of five (5) feet or 10% of lot width, whichever is greater, to a side yard
setback of 4 feet for all lots
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:
The reduced setbacks and lot width allow homes to be built in the development that will be consistent
with the adjacent neighborhoods.
(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;
The parcels are currently vacant with adjacent parcels being mixed zoning of residential, mixed use
and light industrial. The Petitioner is proposing to construct new homes that would be consistent in
size and value of other homes in the area. The surrounding property value will not be affected
adversely, only improved due to commitment to the redevelopment of the neighborhood.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property:
Requiring to abide by the existing required lot width and front and side yard setback requirements
would result in practical difficulties since the proposed house plans would not fit on the proposed lots
and the overall project would not be able to sustain the housing density required for the overall
project.
9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be
submitted.
10) Applications for subdivisions should be obtained from the office of the Area Plan Commission.
11) 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.
CONTACT PERSON:
Daryl S. Knip, PE
Abonmarche Consultants, Inc.
750 Lincoln Way East
South Bend, IN 46601
Phone Number: 574- 232 -8700
E- MailAddress: dknip @abonmarche.com
Signature(s) of all property owner(s), or signature of Attorney for all property owner(s):
South Bend Public Transportation Corp.
Filed In Clerk's Office
EMAY2 0 1015
CITY CLEW, jOJTH SEND, IN
CONTACT PERSON:
Daryl S. Knip, PE
Abonmarche Consultants, Inc.
750 Lincoln Way East
South Bend, IN 46601
Phone Number: 574- 232 -8700
E Mail Address: dknip@abonmarche.com
property owner(s), or signature of Attorney for all property owner(s):
David Cangany, G.M.
I Filed in fi!�* ,s Office ✓oseah
NA 'It 202015
CITVCI.A!R-
3BND, IN
NOTE:
ALL DIMENSIONS SHOWN ARE APPROXIMATE; SUBJECT TO CHANGE ON FINAL LAYOUT
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
C Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571
Wednesday, May 20, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of South Bend Public Transportation Corp. to zone from MU Mixed Use District and
MF I Urban Corridor Multifamily District to SF2 Single Family & Two Family District property located at
the intersections of Northside Boulevard with Notre Dame Avenue and Frances Street (commonly known as
the TRANSPO Site), City of South Bend - APC# 2735 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of South Bend Public Transportation Corp. was legally
advertised on Thursday, March 05, 2015 and that the Area Plan Commission at its public hearing on Tuesday, May
19, 2015 took the following action:
Upon a motion by John DeLee, being seconded by Dan Brewer and unanimously carried, a proposed
ordinance of South Bend Public Transportation Corp. to zone from MU Mixed Use District and MF 1
Urban Corridor Multifamily District to SF2 Single Family & Two Family District property located at the
intersections of Northside Boulevard with Notre Dame Avenue and Frances Street (commonly known as
the TRANSPO Site), City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation. Redevelopment of this site for single family residential will strengthen the existing
Howard Park Neighborhood and address a demand for urban housing as identified by local developers, real
estate professionals, and the Howard Park Neighborhood Plan.
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.
Sincere ,
,cal
Lawrence P. Magliozzi
Attachment
CC: South Bend Public Transportation Corp.
Century Builders
Abonmarche Consultants
SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. STJOSEPXCOUNTYINDIANA .COMIAREAPLAN
Staff Report
APC #
Owner:
Location:
5/8/2015
2735 -15
South Bend Public Transportation Corp.
the intersections of Northside Boulevard with Notre Dame Avenue and
Frances Street (commonly known as the TRANSPO site)
Jurisdiction: City of South Bend
Public Hearing Date: 4/21/2015
Requested Action:
The petitioner is requesting a zone change from MU Mixed Use District MF 1 Urban
Corridor Multifamily District to SF2 Single Family & Two Family District and seeking
three variances.
Land Uses and Zoning:
On site: On site is vacant land.
North: To the north are single family homes zoned MF 1 Urban Corridor
Multifamily District and Rose Brick zoned MU Mixed Use.
East: To the east across Frances Street is an industrial building zoned LI Light
Industrial and single family homes zoned SF Single Family & Two
Family District.
South: To the south across Northside Boulevard is park property adjacent to the St.
Joseph River zoned MU Mixed Use.
West: To the west across St. Peter Street is an office building zoned MU Mixed
Use and a vacant lot zoned MF 1 Urban Corridor Multifamily District.
District Uses and Development Standards:
The SF2 District is established to protect, promote and maintain the development of single
family dwellings and two family dwellings in the urban core of the City of South Bend as
well as to provide for limited public and institutional uses that are compatible with an
urban residential neighborhood. The availability of public facilities (e.g., public water,
public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for
development within this district.
Site Plan Description:
The area to be rezoned is approximately 9 acres. The development will include a mixture
of single family home types, including townhomes, high density detached homes, and
traditional single family homes on 54 new lots. The petitioner is seeking variances to
allow 15' front yard setbacks and 4' side yard setbacks for parcels A through F. They are
also seeking a variance from the required 40' minimum lot width to 29' for parcels B and F.
Zoning and Land Use History And Trends:
The site has historically been focused around transportation. Originally the trolley barn for
the trolley system, it later became the administration offices and service area for
TRANSPO.
APC # 2735 -15 Page 1 of 3
Staff Report
5/8/2015
Traffic and Transportation Considerations:
Northside Boulevard has two lanes. Wayne Street, Notre Dame Avenue and Frances Street
are two -lane roads with on- street parking. The City is proposing to extend St. Peter south
to intersect with Northside.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The Department of Community Investment offers a favorable recommendation.
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:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006)
Policy H 1.1: Encourage residential developments to contain a mix of housing types,
densities, price ranges, and amenities.
Land Use Plan:
The future land use map identifies this area as mixed use and high density residential.
Plan Implementation /Other Plans:
The Howard Park Neighborhood Plan (2012) identifies this area as single family
residential.
2. Current Conditions and Character:
The area has a wide mix of uses ranging from single family to industrial typical of an area
that was once bordered by a rail line.
3. Most Desirable Use:
The most desirable use of land is for medium to high density residential.
4. Conservation of Property Values:
Due to the low impact of residential development, surrounding property values should not
be affected.
5. Responsible Development And Growth:
It is responsible development and growth to support the redevelopment of this area with
single family homes, as supported by the Howard Park Neighborhood Plan.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and 3 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.
APC # 2735 -15 Page 2 of 3
Staff Report
5/8/2015
The petitioner is also requesting the following variances:
1) From the required Minimum Lot Width of 40' to 29' for Parcels B & F;
2) From the required 25' minimum front yard building setback to 15' for Parcels A - F; and
3) From the required minimum side yard of 5' or 10% of lot width, whichever is greater, to
4' for Parcels A - F.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved.
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community. The project is establishing new lots for residential
development. Many of the lots in the surrounding neighborhood have setbacks consistent
with the proposed development. While the reduced lot widths will increase density, it will
not negatively impact the general welfare of the community because the appropriate
infrastructure is already in place.
(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. The residential development is surrounded
by a mix of uses. The low impact of the development should not affect surrounding
property values.
(3) The strict application of the terms of this Chapter would result in practical difficulties
in the use of the property. The strict application would prevent the development from
instituting a neighborhood layout appropriate to this specific location. It's close proximity
to downtown and the river support the request for a more urban residential pattern.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation. The
staff recommends approval of the variances, subject to the rezoning.
Analysis:
Redevelopment of this site for single family residential will strengthen the existing
Howard Park Neighborhood and address a demand for urban housing as identified by local
developers, real estate professionals, and the Howard Park Neighborhood Plan.
APC # 2735 -15 Page 3 of 3
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