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HomeMy WebLinkAbout9895-09 Rezoning - 921 North Bendix Drive, District 2ORDINANCE No. 9895-09 Passed by the Common Council of the City of South Bend, Indiana January 12, Attest: Attest: Q °i 20 Presented by me to the Mayor of the Ciry of Soutlt Bend, Indiana January 13, Q9 20 Approved and signed by me January 13 , 20 0 9 City Clerk Mayor Ciry Clerk President of Common Council ORDINANCE NO. ~ ~ ~" ~ 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 2 IN THE CITY:OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District. The south portion of the parcel which has a current tax identification number of 18-2191-7192 is a part of the LaSalle Square area and .is currently anchored by the Faith Apostolic Ministries. A northern part of the property which has frontage along Ardmore Trail is proposed to be rezoned to "MF2" High- Density Multifamily District for the development of a multifamily residential development. The development is proposed to be an independent living senior 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, 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: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 11.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS-OF- WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 452.46 FEET (RECORD) TO THE NORTHEAST CORNER OF PARCEL DESCRIBED IN INSTRUMENT NUMBER 9866002 AS RECORDED IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED 1N THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. be and the same is hereby established as "MF2" High-Density 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 Mayor, and legal publication. ember of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the ~ ~-1~. day of _ ~c~-. , 200, at l ~ ~~ l,~ o'clock Q . .m. City Clerk ~ 1~ Approved and signed by me on the ~3 day of ~~-, 200g, at ,~~ ~.~ o'clock ~.m. Mayor o the City South Bend, Indiana 1 st READING ~ b `L'~ _.. `~ PUBLIC HEAPING \ ~~Z- `~~ 3 rd READING ~ ~ ~ Z- t~ NOT APPROVED REFERRED A~~" t~.ZZ-~~' Filed In Clerk's Office 0 CT - 8 2008 JO;iPJ VOORDE CITY CLERK, S0. BEND, IN. ~:"~SSED ~-It-O`~, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 63-08 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 921 NORTH BENDIX DRIVE, SOUTH BEND, IN 46628, COUNCILMANIC DISTRICT 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. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission Application I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 921 North Bendix Drive, South Bend, IN 4662$ 2) Name and address of property owner(s) of the petition site: Faith Apostolic Temple, Inc. P.O. Box 3128 South Bend, IN 46628 (574) 288-3515 3) Name and address of contingent purchaser(s), if applicable: Sterling Development, LLC Attn: John VanMeeter, Director of Development 3900 Edison Lakes Parkway, Suite 201 Mishawaka, IN 46545 (574)247-3234 4) It is desired and requested that this property be rezoned from "CB" Community Business to "MF2" High-Density Multifamily District 5) This rezoning is requested to allow the following use(s): Multifamily Dwellings (Independent Living Senior Development) 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if ava' able drawn to scale, which includes street names, printed in 8'/z" x 11" format. c f t Pastor Gr F ier PETITION PREPARED BY: Derek J. Spier, AICP 750 Lincoln Way East South Bend, IN 46601 (574)232-8700 dspier@abonmarche.com CONTACT PERSON: (If different) Same as Petition Preparer Filed in Clerk's ®f~lce QC~ - 8 2008 JOHN VOORDE CITY CLERK, S0. H°ND,1N. LEGAL DESCRIPTION: A PART OF NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 1 1.80 FEET (RECORD); THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD), A DISTANCE OF 60.00 FEET (RECORD) TO THE NORTHWEST INTERSECTION OF THE RIGHTS-OF- WAY OF BENDIX DRIVE AND PRAST BOULEVARD, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 DEGREES 19 MINUTES 44 SECONDS WEST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 626.58 FEET (RECORD); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (RECORD), A DISTANCE OF 843.37 (RECORD) FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY OF ARDMORE TRAIL, SAID RIGHTS OF PUBLIC ACCESS AND THOROUGHFARE BEING DEDICATED IN PLAT BOOK 13, PAGES 68-69, IN SAID OFFICE OF RECORDER; THENCE NORTH 65 DEGREES 07 MINUTES 27 SECONDS EAST (RECORD) ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 452.46 FEET (RECORD) TO THE NORTHEAST CORNER OF PARCEL DESCRIBED IN INSTRUMENT NUMBER 9866002 AS RECORDED IN THE OFFICE OF SAID RECORDER, SAID CORNER ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 47 MINUTES 23 SECONDS EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 309.03 FEET TO THE NORTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 7911283 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 00 DEGREES 15 MINUTES 39 SECONDS EAST, A DISTANCE OF 418.61 FEET TO THE SOUTHWEST CORNER OF A PARCEL DESCRIBED IN INSTRUMENT NUMBER 0739854 AS RECORDED IN THE OFFICE OF SAID RECORDER; THENCE SOUTH 89 DEGREES 27 MINUTES 35 SECONDS WEST, A DISTANCE OF 227.78 FEET; THENCE NORTH 00 DEGREES 26 MINUTES 50 SECONDS EAST ALONG THE EAST LINE OF A PARCEL AS DESCRIBED IN SAID INSTRUMENT NUMBER 9866002 TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 82.88 FEET, A CENTRAL ANGLE OF 33 DEGREES 34 MINUTES 21 SECONDS, AND A CHORD OF 47.87 FEET BEARING NORTH 16 DEGREES 20 MINUTES 20 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 48.56 FEET; THENCE NORTH 33 DEGREES 07 MINUTES 31 SECONDS EAST, A DISTANCE OF 76.24 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 1.974 ACRES, MORE OR LESS. SUBJECT TO RIGHT-OF-WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY AARON W. BLANK, P.L.S., #LS2020020, EMPLOYED WITH ABONMARCHE CONSULTANTS, L.L.C. ALL BEARINGS AND DISTANCES ARE PER MEASURED UNLESS OTHERWISE NOTED. ALL RECORD DATA ARE PER A SPECIAL LIMITED WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER 0256257 IN THE OFFICE OF SAID RECORDER. ~il4~' ~,~ ~4~E`°~'~ ~i#i~e 0 CT - 8 2008 ~oNrivooe,E rr c~~t,~:, ~o. c~rafl, STATEMENT OF PURPOSE AND INTENT The property is currently zoned "CB" Community Business District. The south portion of the parcel which has a current tax identification number of 18-2191-7192 is a part of the LaSalle Square area and is currently anchored by the Faith Apostolic Ministries. A northern part of the property which has frontage along Ardmore Trail is proposed to be rezoned to "MF2" High- Density Multifamily District for the development of a multifamily residential development. The development is proposed to be an independent living senior facility. 0 CT - 8 2008 JC'Hta VQG~^uE c~rr cis=,r, ~c. wF~~~, iy. 018-2191-719203 018-2130-4836 018-2219-8222 LaSALLE SQUARE ASSOCIATES 1117 N. IOWA LAND TRUST c/o HAMSTRA BUILDERS RICHARD P. & MARY ANN WINKEL 600 WEST JEFFERSON -SUITE 700 1124 RYER STREET CULVER, IN 46511 12028 NORTH 200 WEST SOUTH BEND, IN 46628 WHEATFIELD, IN 46392 018-2130-4834 018-2131-4884 018-2131-4885 CARL M. MICHALSKI KENNETH J. EGMER THOMAS J. NIEDBALSKI, RES. LIFE 1122 NORTH IOWA 3233 ARDMORE TRAIL ESTATE SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 1107 NORTH KENTUCKY STREET SOUTH BEND, IN 46628 018-2130-4828 018-2130-4830 018-2130-4831 018-2130-4825 018-2130-4833 JOHN A. & GLADYS E. MILLER CARL M. MICHALSKI AMANDA HOSTETLER 1122 IOWA STREET 1130 NORTH IOWA STREET SOUTH BEND, IN 46628 1125 NORTH IOWA STREET SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 018-2131-4880 018-2130-4846 018-2130-4847 JOYCE M. FISHER TIMOTHY P. SHARP DEMETRIO MALAGAN & 1121 NORTH KENTUCKY STREET P.O. BOX 11545 GABRIEL PATINO SOUTH BEND, IN 46628 SOUTH BEND, IN 46634 3237 ARDMORE TRAIL SOUTH BEND, IN 46628 018-2130-4843 018-2130-4844 018-2130-4845 MAX R & PAULETTE K. DARRAH PATRICIA J. CSISZAR PABLO & MARGARITA PACHECO 3311 ARDMORE TRAIL 3307 ARDMORE TRAIL 3301 ARDMORE TRAIL SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 018-2219-8223 018-2130-4838 018-2131-4883 HECTOR MARTINEZ & THOMAS PHILLIPS BETTY B. KOLLAR MARIA PEDRAZA 2020 NORTH MEADE STREET 1109 NORTH KENTUCKY 1120 RYER STREET SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 018-2131-4887 018-2131-4888 018-2131-4889 NILA A. SIMMS KAYLA D. HAYES VILMA ALVAREZ 2604 ARABIAN COURT 61 PEARL STREET 3213 ARDMORE TRAL APT. 1-A MELROSE, MA 02177 SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 018-2131-4878 EUGENE & SHARON HARMON 018-2131-4892 018-2131-4881 c/o LORI HARMON K & B BEVERAGES, INC. JOSEPH W. GRAFF P.O. BOX 35370 15300 VALENTIA DRIVE 1122 NORTH KENTUCKY STREET SOUTH BEND, IN 46628 GRANGER, IN 46530 SOUTH BEND, IN 46628 018-2131-4877 018-2130-4841 018-2130-4842 JEFFREY E. HARMON ANGEL GAONA DAVID E. LAX 1124 EAST KENTUCKY AVENUE 3319 ARDMORE TRAIL 3315 ARDMORE TRAIL SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 SOUTH BEND, IN 46628 018-2191-7228; 018-2190-7288; 018-2189-7157; 018-2053-1871 018-2052-1825; 018-2052-1825 018-2052-1839 BENDIX CORPORATION BENDIX CORPORATION JAMES & BENITA HANNAH c/o HONEYWELL, INC., TAX DEPT. 3030 PRAST BLVD. c/o HONEYWELL, INC, TAX DEPT. P.O. BOX 4900 SOUTH BEND, IN 46628 P.O. BOX 4900 SCOTTSDALE, AZ 85261 SCOTTSDALE, AZ 85261 018-2053-1901 018-2053-1909 018-2053-187102;018-2053-187103 HAIYEN VO YOLANDA D. LOTT & SAINT JOSEPH REGIONAL MEDIC4IL. 3030 HARTZER STREET DARLENE M. SMITH CENTER SOUTH BEND, IN 46628 3029 PRAST BLVD. 811 EAST MADISON STREET SOUTH BEND, IN 46628 SOUTH BEND, IN 46617 018-2053-1893 JAMES T. & SHARON LEA WEGNER 3029 HARTZER STREET SOUTH BEND, IN 46628 018-2053-187101 CITY of SOUTH BEND 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601 018-2053-1885 JOSE & GRACY THOTTICHIRA 50747 REGENCY PARK DRIVE GRANGER, IN 46530 018-2191-719201 018-2054-1952 018-2191-719205 ST. VINCENT DEPAUL SOCIETY of LAURA SYKES RAMADAN A. & TAMILYN SALAMEH ST. JOSEPH COUNTY 3029 BONDS AVENUE 5811 STERLING DRIVE -SUITE 10 P.O. BOX 1438 SOUTH BEND, IN 46628 GRANGER, IN 46530 SOUTH BEND, IN 46624 018-2054-1930 018-2054-1944 018-2191-719206 VALLEY AMERICAN BANK & TRUST GMAC MTG., LLC ST. JOSEPH COUNTY PUBLIC LIBRARY c/o NATIONAL CITY 1100 VIRGINIA DRIVE 122 WEST WAYNE STREET 101 WEST WASHINGTON -SUITE 300E FORT WASHINGTON, PA 19034 SOUTH BEND, IN 46601 INDIANAPLIS, IN 46255 018-2191-719204 SUPERCLEAN CORPORATION F:~Projects~M8-075'7~Labels w-TAX ID.doc 5222 WESTERN AVENUE SOUTH BEND, IN 46619 OCT - 8 2008 a~al~Fi v~s~>;a_ CITY Cl.kh:R~ c~~ oCf~~, ~~. t -2191 7/9?, o? 5.964 I 445.25 -~ ~ ~. n.'b3 by~ 1 ~-- • ~ 4898 ~ -4883 v ,'see "' ~a a ~ ~~ ~ w ~ \ = W "~ ~ ' 4897 R ~ ~ 4'-~ ~ mo ~ m oo ~h~ ~ 1631 ~' 1- 5o I S -2 9 ~2-4830 = •+aa! 143 ~ S Z ~~ a E v ~ ~ . O O ~`' ?O¢ ~ I 2'4 34 one ~ ~ 3~ ~~ c\ ~~~e ~ w~B~/a 3/-4833 ' - ~* ~ u~ ~ +~' v ~`~ ~ 18-2193 ~ a 9.~e 30-4,936 = ~~ ~ I ~, ~ ~° Go ~,?e /TR•G ao ~ cn p Z ~ ~ ?05 I ?9-4838 & Q ~}n ~,~ g ~ ' ° N 31 y4 0 ~2oG- P N ~ O ~ lest' ~ ~` ~ , \ d' It' 4M e• m 7/9?.03 ~ N b ~ ~ ~mn ~ ~ ~I~ e419 3 y 1. ~ d, ~F 6 PM clij Vim„ ~ ~ n~ ~ `rly / pT. '7142 ----?!a --- t ~~• h ~ ¢ ~ W p W 9 "'.'y / ' ~ vl . 84 /O ~ 7/9?.oG ----plc --- E 5yg.5 i /. o67f I m 7/ 9?.05 .. 1 ~ R ~ .G32 ? ARD~ ~~L~ LiQA~~H~ s~na. G, .1.-inJg- I I I I IN C( I ~ 4 y. I e ~ n I n41 ~~ I I 1 i I i I S' J W c6rJ~ AE P-~~- I ~~~ ~8-C PORTAGE TWP. E. ~/2 N.E. ~/4 SEC. ~4 T. 3 7 N. R.2 E. 1 `s A .7 ~ ..». -G ~ G li] ~ ~{ ~ ~ ~~ -r 1 . ..+7. Li) <n `tea fA ~`. vc7 °:. c~ ~ ~ w~~ u~~ W ~y .-r. .+4Y a++• ~ ~ ~~ m v • t. II REVISED r/0 Reviead Copyrigh1200,'L O ~ ~ Copyright 1987 ~}~-- THE 91DWELL COMPANY 8-4D ~1 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 November 19, 2008 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Faith Apostolic Temple, Inc. to zone from CB Community Business District to MF2 High Density Multifamily District, property located at 921 North Bendix Drive, City of South Bend - APC# 2486-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Faith Apostolic Temple, Inc. was legally advertised on Thursday, November 6, 2008 and that the Area Plan Commission at its public hearing on Tuesday, November 18, 2008 took the following action: Upon a motion by Karl King, being seconded by Gary Gilot and carried, the proposed ordinance of Faith Apostolic Temple, Inc. to zone from CB Community Business District to MF2 High Density Multifamily District, property located at 921 North Bendix Drive, City of South Bend is sent to the Common Council with a favorable recommendation. Significant effort has been put forth into the planning for the LaSalle Square site though the South Bend Comprehensive Plan, City Plan, and more recently the LaSalle Square Redevelopment Plan. This rezoning is consistent with both those plans. 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, Gv ~/ J~W. B o ' Y JWB:jsc Attachment CC: Faith Apostolic Temple, Inc. Sterling Development, LLC Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2486-08 Owner: Faith Apostolic Temple, Inc. Location: 921 North Bendix Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from CB Community Business District to MF2 High Density Multifamily District to allow Multifamily dwellings. Land Uses and Zoning: On site: On site is a vacant lot. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a restaurant and a vacant commercial building zoned CB Community Business District. South: To the south is amulti-tenant retail center zoned CB Community Business District. West: To the west is the LaSalle Branch of the St. Joseph County Public Library zoned CB Community Business District. District uses and development standards: The MF2 High Density Multifamily District is established to protect, promote and maintain the development of high density 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 with on-site amenities. Site plan description: The site plan shows a 20,547 square foot apartment building. This 4 story, 72 unit building will cover 23.9% of the. site. Fifty five parking spaces, covering 28,711 square feet, are shown. Open space, including patios covers the remaining 36,712 square feet. Zoning and land use history & trends: This site, as a part of the LaSalle Square area, had requested rezonings in 2001 and 2002. Both were withdrawn. On October 3, 2008, the South Bend Redevelopment Commission accepted the LaSalle Square Plan. Traffic and transportation considerations: Ardmore Trail is a two lane road with a center turn lane. Utilities: The site will be served by municipal utilities. Additional information: (Agency comments) Board of Zoning Appeals variances for the height of the building, recreational open space, and number of parking spaces have been filed for the November 20, 2008 meeting. Faith Apostolic Temple, Inc. #2486-08 Page 1 of 1 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: South Bend City Plan -November 2006 Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Policy H 1.4: Encourage the development of a variety of housing types and care choices for seniors and disabled persons. Land Use Plan: South Bend City Plan -November 2006 The future Land Use Map shoes this area in general as Mixed Use. Plan Implementation/Other Plans: LaSalle Square Area Redevelopment Plan Five Year Outlook Recommendation #3: Work with a senior housing developer to come into the Square. This development seems ideally suited to be situated in the vacant parcel to the immediate east of LaSalle library, which will preserve the frontage on Bendix Drive to be used for retail development. Bringing in a new development will quickly add residents, improving the likelihood of new retail development for the area. The proposed rezoning is in conformance with these policies and plans. 2. Current conditions and character: The current site is an empty field. 3. Most desirable use: The most desirable use for this site is a mixed use of residential and commercial. 4. Conservation of property values: The surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to follow previously approved land use plans. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: Significant effort has been put forth into the planning for the LaSalle Square site though the South Bend Comprehensive Plan, City Plan, and more recently the LaSalle Square Redevelopment Plan. This rezoning is consistent with both those plans. Faith Apostolic Temple, Inc. #2486-08 Page 2 of 2