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Home My WebLink About9900-09 Rezoning - The Southeasterly corner of Ivy Court & Twyckenham Drive - District 4ORDINANCE No. 9909-09 Passed by the Common Council of the City of South Bend, Indiana February 9, 20 09 Attest: Attest: Presented by me to the Mayor of the City of Soutli Bend, Indiana February 10, 20 09 City Clerk President of Common Council City Clerk Approved and signed by me February 10 . 20 0 ~ Mayer REVISED 12/17/08 ~ q ~ ~_O~ ORDINANCE NO. 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, AND IS PRESENTLY ZONED "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT AND "ME1" URBAN CORRIDOR MULTI-FAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "MU" MIXED USE DISTRICT TO ALLOW FOR THE DEVELOPMENT OF SMALL RETAIL SHOPS ON THE MAIN BUILDING LEVEL AND RESIDENTIAL RENTAL UNITS ON THE SECOND BUILDING LEVEL. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. 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 THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY INDIANA. MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 9 OF THE RECORDED PLAT OF THE TOWN OF SCHROEDERSVILLE, RECORDED JULY 29, 1893 IN THE- OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF SAID PLAT S. 00°52'09" E., 204.00 FEET, MORE OR LESS, TO A POINT AT THE SOUTHEAST CORNER OF LOT NUMBER 7 OF SAID PLAT; THENCE ALONG THE SOUTH LINE OF SAID LOT NUMBER 7, S. 89°03'20" W., 167.15 FEET, MORE OR LESS, TO A POINT ON THE EAST RIGHT OF WAY LINE OF IVY ROAD; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE FOR THE NEXT TWO (2) COURSES, N. 19°53'18" W., 97.66 FEET MORE OR LESS, AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 297.00 FEET, MORE OR LESS, AND HAVING AN ARC DISTANCE OF 132.80 FEET, MORE OR LESS, TO THE END OF A CHORD BEARING N. 32°41'54" W., AND HAVING A DISTANCE OF 131.70 FEET, MORE OR LESS TO A POINT ON THE NORTH LINE OF LOT NUMBER 28 OF SAID PLAT; THENCE N. 89°07'51" E., 268.43 FEET, TO THE POINT OF BEGINNING. CONTAINING 0.97 ACRES MORE OR LESS SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "MU" MIXED USE DISTRICT. 2 SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. -...~ MBER OF THE COMMON COUNCIL PRESENTED BY ME TO THE _MAY`OR OF THE CITY OF SOUTH BEND, INDIANA ON THE E ~ ~ DAY OF r e.}~ V' ~-av N , 2 OO`~ , AT l O •• `1 S O'CLOCK 0. M. ~ ~ CI CLERK t '~vrr' V I APPROVED AND SIGNED BY ME ON THE 2 ~D ~ , AT~O'CLOCK /~ .M. 1st READii~!G ~ ~"~-~ h0~6 f~~i3~ CAVED a S Sc~eS~.~d c: 5 S cx~,c.S,-~.. O ~ DAY OF , ~ ~~ MAYOR, CITY SOUTH BEND, INDIANA FII€~~ In Cl~r~'~ Of#'tce DEC 1 9 2008 JG,i",! VOOF!?E CITY CI EiC, S0. EiEtlD,1N. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 85-08 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, 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 by 1. The legal description begins at the Northeast corner of Lot 9 (line 3). The first word in the eighth line is southeast. Also with the following commitments. 1 access easements to Jameson House on parcel 024-1008-0615. 2 relocation of the dumpster so that it does not obstruct the view from the Jameson House building on parcel 024-1005-0615. 3 No controlled uses or liquor stores as defined in the South Bend Zoning Ordinance. Ann Puzzello Chairperson, Committee of the Whole DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION 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: SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: JOHN D. & LEONA RAPPELLI 704 PEASHWAY SOUTH BEND, INDIANA 46617 PHONE NUMBER (574) 232-0875. ROSEMARY MANDRICI 820 PEASHWAY SOUTH BEND, INDIANA 46617 PHONE NUMBER (574) 292-0974. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT & "MF1" URBAN CORRIDOR MULTI-FAMILY DISTRICT TO: "MU" MIXED USE DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). SMALL RETAIL SHOPS B). RESIDENTIAL RENTAL UNITS. 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 AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '~z" x 11" FORMAT. SIGNED SIGNED PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARNER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574)-234-4003 2 "/ LEONA RAPPELLI FI{Cd nt1 OCi'~i'~ C~~4gC~ DEC - 1 2~~8 aae ~r~ 5o AeEr~o, -t~. LEGAL DESCRIPTION A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY INDIANA. MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 9 OF THE RECORDED PLAT OF THE TOWN OF SCHROEDERSVILLE, RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF SAID PLAT S. 00°52'09" E., 204.00 FEET, MORE OR LESS, TO A POINT AT THE SOUTHEAST CORNER OF LOT NUMBER 7 OF SAID PLAT ; THENCE ALONG THE SOUTH LINE OF SAID LOT NUMBER 7, S. 89°03'20" W., 167.15 FEET, MORE OR LESS, TO A POINT ON THE EAST RIGHT OF WAY LINE OF IVY ROAD; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE FOR THE NEXT TWO (2) COURSES, N. 19°53'18" W., 97.66 FEET MORE OR LESS, AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 297.00 FEET, MORE OR LESS, AND HAVING AN ARC DISTANCE OF 132.80 FEET, MORE OR LESS, TO THE END OF A CHORD BEARING N. 32°41'54" W., AND HAVING A DISTANCE OF 131.70 FEET, MORE OR LESS TO A POINT ON THE NORTH LINE OF LOT NUMBER 28 OF SAID PLAT; THENCE N. 89°07'51" E., 268.43 FEET, TO THE POINT OF BEGINNING. CONTAINING 0.97 ACRES MORE OR LESS SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. 1~i~w''- S ~i~ 4tl~ioa~~ ~~ft~'+~ CfTY Gtdr:iS, &0. Er~iO, I*J. Property Owners Within 300 Feet University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1022 0504 Michael Duddy 1613 Sherwood Rd Reading, PA 19609 Tax Key # 024 1008 061727 Paul & Alexandria Cassani 1241 Rippey EI Cajon, CA. 92020 Tax Key # 024 1008 061718 PRR Properties LLC PO Box 22 Mchenry, IL. 60050 Tax Key # 024 1008 061728 Marguerite Lehner 533 Lockerbie Lane Dayton, OH. 45429 Tax Key # 024 1008 061721 Patrick Simeri 52595 Willow Bend Dr Granger, IN. 46530 Tax Key # 024 1008 0618 Ronald & Wendy Simko 37 Terence Dr Englishtown, NJ. 07726 Tax Key # 024 1008 061716 Herman & Betty Krizmanich 54165 Willis St South Bend, IN. 46637 Tax Key # 002 1105 530301 Edison Plaza LLC 704 Peashway South Bend, IN. 46617 Tax Key # 024 1003 0571 Susan & Edward Mcgee 21 Nassau Rd Montclair, NJ. 07043 Tax Key # 024 1008 061725 Richard Ferguson 5843 Bravo Ct Southfield, MI. 48034 Tax Key # 024 1008 061722 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5297 James & Victoria Waclawik Sr 2153 Spaulding Ave Dundee, IL. 60118 Tax Key # 024 1008 061719 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 529802 Edward Gibbons 740 Big Sky Trail Cary, IL. 60013 Tax Key # 024 1008 061731 Mark & Jill Tabit 1408 N Ivy Rd Unit D-6 South Bend, IN. 46637 Tax Key # 024 1008 061730 Franklin E Eck 4640 Trueman Blvd Hillard, OH. 43026 Tax Key # 024 1008 061724 Aimco Turtle Creek 1710 Turtle Creek Dr South Bend, IN. 46635 Tax Key # 024 1003 0565 John Burke III 7978 Camino Tranquilo San Diego, CA. 92122 Tax Key # 024 1008 061717 Leo Doyle 230 Cordelia St SW Canton, OH. 44720 Tax Key # 024 1008 061732 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5300 Michael & Donna Gates 1408 N Ivy Rd Unit D2 South Bend, IN. 46637 Tax Key # 024 1008 061726 Ambrose A Cronin III PO Box 2720 Portland, OR. 97208 Tax Key # 024 1008 061729 Kevin & Deborah Hardy 10447 Bloomfield St Hollywood, CA. 91602 Tax Key # 024 1008 061723 Mark & Jill Tabit University of Notre Dame Du Lac David Mester 1152 Charm Acres PI 836 Grace Hall 10 Grand St Pacific Palisades, CA. 90272 Notre Dame, IN. 46556 Hartford, CT. 06106 Tax Key # 024 1008 061720 Tax Key # 002 1105 5299 Tax Key # 024 1008 061715 Aimco Turtle Creek University of Notre Dame Du Lac University of Notre Dame Du Lac Wacker Dr. Ste. 2600 836 Grace Hall 836 Grace Hall Chicago, IL. 60606 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 024 1003 0568 Tax Key # 002 1105 529801 Tax Key # 002 1105 5283 Jamison Inn LLC 1404 N Ivy Rd South Bend, IN. 46637 Tax Key # 024 1008 066825 University of Notre Dame Du Lac 415 Main Building Notre Dame, IN. 46556 Tax Key # 002 1105 5284 Aimco Turtle Creek 1710 Turtle Creek South Bend, IN. 46635 Tax Key # 024 1003 0565 Jamison Inn 1404 N Ivy Rd South Bend, IN. 46637 Tax Key # 024 1008 066824 Richard & Elizabeth Elmore 18 Meadow Dr Harbor Township, NJ 08234 Tax Key # 0241008 061506 University of Notre Dame Du Lac 836 Grace Ha11 Notre Dame, IN. 46556 Tax Key # 002 1105 5291 James & Kathleen Dolezal 56 Cahill Rd Cary, IL. 60013 Tax Key # 0241008 061516 James & Kathleen Dolezal 56 Cahill Rd Cary, IL. 60013 Tax Key # 024 1008 061505 Robert F Kearns 1404 Ivy Rd Unit 4 South Bend, IN. 46637 Tax Key # 024 1008 061504 Research Development & Assesment 2905 Teton Pines Or. Wilson,WY. 83014 Tax Key # 024 1008 061503 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5287 University of Notre Dame 224 Flanner Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5293 John Rappelli 704 Peashway South Bend, IN. 46617 Tax Key # 024 1105 5292 James & Jennifer Smith 1404 N Ivy Rd. Unit 7 South Bend, IN. 46637 Tax Key # 024 1008 061507 James & Kathleen Dolezal 56 Cahill Rd Cary, IL. 60013 Tax Key # 024 1008 061513 Robert Kearns 1404 Ivy Rd Unit 4 South Bend, IN. 46637 Tax Key # 024 1008 061512 Research Development Assessment 2905 Teton Pines Dr Wilson, WY. 83014 Tax Key # 024 1008 061511 Richard & Elizabeth Elmore 1404 Ivy Rd Unit 6 South Bend, IN. 46637 Tax Key # 024 1008 061514 John Rappelli 704 Peashway South Bend, IN. 46617 Tax Key # 024 1105 5294 Jamison Inn Partnership 1404 Ivy Road South Bend, IN. 46637 Tax Key # 024 1008 061508 James & Jennifer Smith 1404 N Ivy Rd Unit 7 South Bend, IN. 46637 Tax Key # 024 1008 061515 University of Notre Dame Du Lac 224 Flanner Hall Notre Dame, IN. 46556 Tax Key # 002 1105 5289 Franklin Adamek 54866 Ivy Rd. South Bend, IN. 46637 Tax Key # 002 1105 5290 Mary Ann Plakas & Leonidas Plakas 2550 Radford St NW Canton, OH. 44720 Tax Key # 024 1008 061502 Mary Ann & Leonidas Plakas Margaret 8~ Daniel Lee Daniel & Margaret Lee 2550 Radford St NW 4956 Borchers Beach Rd. 4956 Borchers Beach Rd Canton, OH. 44720 Waunakee, WI. 53597 Waunakee, WI. 53597 Tax Key # 024 1008 061510 Tax Key # 024 1008 061501 Tax Key # 024 1008 061509 University of Notre Dame Du Lac University of Notre Dame Du Lac University of Notre Dame Du Lac 836 Grace Hall 836 Grace Hall 836 Grace Hall Notre Dame, IN. 46556 Notre Dame, IN. 46556 Notre Dame, IN. 46556 Tax Key # 002 1105 5288 Tax Key # 002 1105 5281 Tax Key # 002 1105 5285 John McCarty & Carlton McCarty Jr Charles & Joyla Rhodes 1501 Oakdale Dr 54812 Twyckenham South Bend, IN. 46614 South Bend,IN. 46637 Tax Key # 002 1105 5286 Tax Key # 002 1105 5282 DEC - 1 ;~'" CITY Lt.[.' ''. p.-a ___.~. ~~~ ~~-' _-- LE6LL DESCIEPTIdI REZal.xo rJncEL A PRAT OP THE SOUDIFAHT OIVRIER 01 SECTKIN J1. 10N45NN >e NORSN. MOIINA MORE PAIOICUWiLY DESCRIBED AS; BEQINNINO AT 1HE NORIHFAST CORNpt Of LOT NUMBER 0 d THE RECOPoEO PUT d DIE i011N d 3CNRdDEASNLIE, RFCOROm JULY 2-, HDJ IN THE OP)ICE d 1HE RECORDER / d ST. JOBFPN COUNIY', INOIWA DI PUT BOOX 4 PAGE ri; THFNLE Aldq ' / THE E)ST UNE d LAID PUT !. OPB2'd E, 2DP.d PER, YORE OR ICS TO A PC1M AT 1NE SOUTNFANT CORNER d IDT NUMBER f d SNO MT ; iNENCE MORE OR I13~T0 ~PqM OND THE WT n*OM~ d WAY LINE Of M'f.1R ~• / ENCE CONIINUINO ALONO ENO FASS RK:HI-d-NAY UNE fOR THE NEM ip0 (2J CWRSE; N. 1PlJ'1-' N.. D) fFET Ydf 011 LN, ANO AVJHO A / CVIM TO THE IfTT NANNO A PMIU! d 2pTA0 TFLT, 4011E OR LESS, ANO NANNO AN ARL DISTANCE d 132.80 iEFS, YORE OR IESS, TO 1NE ENO d A CHORD BF/JiIHO N. JY•I'Dt' W., AHD I4VYD A ORTN1d d 1]I.)O i4T, a YORE OR 1139 TO A POIM OX THE NORRI UNE d Im NUMBER ZH d SM PUT; TIE.NCE N. DPO)'S1' G. 2DH.•] RT, TO M POIM d BCgNHING ~N 'Y / LOi 2) CONTNNINO O.p) ALRE9 YORf OR lLS9 BJECI ro ALL LEQLL HICHWAVS GSEMENR NIO RESINCIIONS a RECORD. x~~ IIN / v\ / LOT I ~ / `\ ~, A PART OF THE SOUTHEAST QUARTER OF SECTION 31, T.38N., R.3E., CITY OF SOUTH BEND, PORTAGE TOWNSHIP, Si. JOSEPH COUNTY, iND1ANA 3>. PROPOSED LMN COVERAGES SD. PT. Llb_SI IE ). W[L-INGS 9, BHO 2,.38 H). PMNING, DRIVES l9, O10 •.99 _ Cl. OPEN SPgCE. 3l s Y-Y TOTgL •2, 253 100. 00 (~ w aoMM Roos YJ, WILDING USED S4 rT, pLDL• Y d A). RETAIL USES .......................... 9,880 50X ______~____. e). REST OENTIgL OYELLING UNITS 2ND PLWRL. 9, tl60 to X x S). NOTE• ALL PARKING SPACES PROVIDED ARE TO BE 9 R. • 20 PT. AND PROPOSED ENTRRNCES SHALL MEET ALL REQUIRED PDA TTgN0AR03. 6), ALL SURTACE ORP[NAGE 1S TO lE HAXpLE- BV TIE INSTKLATION OP A PRENCH DRq IMAGE SY51EN PER TXE lgiESi CITY 6 SOUTH BEND ORq IMAGE STRN-MOS. T, THE BUILDINGS PRE TO BE CONNECTED TO CITY VgTER qNp SEVAGE CACIIiT IE$. B). ALL DRIVEVATS SHALL MEEY TM LATEST CITY [F SWDI BEND STREET $TMIIIRDS 9). ALL SIGNgGE SNRLL MEET THE LATEST [ITT OP SWTX BEND ZONING StMDIRDS OR/AND AS APPROVER. 10). ALl REW IREO SCREENING SHALL MEET THE LATEST CITY d SOUTH BEND ZONING STANDMDS OR/MD AS APPROVE4 "Nn~ 0 20 I 40 60 SCALE 1' ~ 20' CU RAOUS ARC LfNGiN CNORO N CHOR SEMI IJI.]Ox N J'•I _ ~ 1A>iM•S 2JF-4Wma TPBULATED BATA I). PCREPGE .............................................. 0. 9f ACRES2 2l. PMNING REWIRED HY OROINANCE• A). RETAIL USES PER 'MU' MIXED USE DTSTRIOTI } S SPACES PER 1.000 SO PT. OP GROSS ELOOIt ApEN ~N~ERR OG SFK[i REWIRED POR 9.880 SO. R, 33 SPPCES PROVIDER ..................... 33 SPPCES BI. RESIDENTIRL USES PER •MU' NIXED USE DISTRI[TI 2 SPACES PER OvELL ING UNIT NUMBER d SPACES REQUIRED Pqi 10 OVELLINGS..... 20 SPPCES NLWBER d SPPCES PROVIDER ..................... 22 SPPCES A VAPVJICE h PEOUIPFD 10 HL011 P 5[®BCES HRI THE REM RETIOENl14 9U)TERYARO O ! R. iNOM-YIAD SETHACN UNE IXp DIE SHOVM FAST PROPERTY UNE OH 1! R. SIDE RESIDENIYL BIIIfEII-YIAp GO ID R. REM PE]DENNL BUFTEII-YMO 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 January 21, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of John & Leona Rappelli and Rosemary Mandrici to zone from SF1 Single Family and Two Family District & MF1 Urban Corridor Multi Family District to MU Mixed Use District, property located at southeasterly corner of Ivy Court and Twyckenham Drive, City of South Bend - APC# 2494-08 Dear Council Members: I hereby Certify that the above referenced ordinance of John & Leona Rappelli was legally advertised on Thursday, January 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, January 20, 2009 took the following action: Upon a motion by John McNamara, being seconded by Dan Brewer and unanimously can: ied, the proposed ordinance of John & Leona Rappelli and Rosemary Mandrici to zone from SF 1 Single Family and Two Family District & MF 1 Urban Corridor Multi Family District to MU Mixed Use District, property located at southeasterly corner of Ivy Court and Twyckenham Drive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to the following written commitments: 1) access easements to Jameson House on - parce1024-1008-0615; 2) relocation of the dumpster so that it does not obstruct the view from the Jameson House building on parcel 024-1005-0615; and 3) no controlled uses or liquor stores as defined in the South Bend Zoning Ordinance. A mixed use development containing both residential and commercial components would not be out of character in this neighborhood. The proximity to the University of Notre Dame, high density residential projects in the area, the commercial at Edison and South Bend Avenue and the new Innovation Park building are driving the need for a walkable, commercial-style 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, n W. Byorn~ JWB:cn Attachment CC: John & Leona Rappelli Rosemary Mandrici Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2494-08 Owner: John & Leona Rappelli Location: southeasterly corner of Ivy Court and Twyckenham Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF1 Single Family and Two Family District & MF 1 Urban Corridor Multi Family District to MU Mixed Use District to allow Small Retail Shops and Residential Rental Units. Land Uses and Zoning: On site: On site is vacant land. The house and storage building seen on the aerial have been removed. North: To the north are single family homes zoned R Single Family District (County). East: To the east is a condominium development zoned MF2 High-Density Multifamily District (City). South: To the south is a storage shed on property zoned R Single Family District (County) and bed and breakfast zoned CB Community Business District (City). West: To the west across Ivy Court is vacant land zoned R Single Family District (County). To the west across Twyckenham are Notre Dame athletic fields zoned U University District (County). District uses and development standards: The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site plan description: The total area for this rezoning is 0.97 acres. The proposed building is 9,880 square feet, covering 23.4% of the site. A total of 56 parking spaces are provided, for a total paved azea of 19,010 square feet or 45% of the site. The remaining 13,363 square feet will be open space. There is one access point on Ivy Court. The building is oriented to Ivy Court, with parking on the north and east sides. Zoning and land use history & trends: The northern two lots were annexed on September 12, 1988. Later that year they were rezoned to B Residential (Multifamily). The southern lot and a portion of vacated Ivy Road were annexed on December 31, 2008. Traffic and transportation considerations: Ivy Court is a two lane cul-de-sac. Twyckenham Drive has four lanes with a center median. Utilities: The site will be served by municipal water and sewer. John & Leona Rappelli #2494-08 Page 1 of 1 Additional information: (Agency comments) The City Engineering Department may have a water and/or sewer line in the old Ivy Road right- of-way. The City Engineering Department will determine the location of any easement needed. The developer will be required to work with City Engineering to adjust the building configuration if existing infrastructure improvements exist in the vacated right-of--way of Ivy Road. The Department of Community and Economic Development suggests the sidewalk be moved closer to the building and the trees moved outside the sidewalk. If trees aze to be planted in the right-of--way, the City Forester must be contacted. The developer will be required to work with the City Parks Department for creating an acceptable tree planting area along Ivy Court frontage, as shown. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 H 1.3 Encourage the development of mixed-use buildings. LU 2.1 Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Land Use Plan: The future land use map identifies this area as low and high density residential. 2. Current conditions and character: The site is vacant. The azea to the. east of Notre Dame is experiencing tremendous growth. Several high density residential projects have been built in the past few years. The realignment of Twyckenham Road created Ivy Court, which accesses the bed and breakfast and condominiums. The eastern edge of the athletic complex for the University of Notre Dame is directly across Twyckenham Drive. High density residential complexes also exist due east of the site. 3. Most desirable use: The most desirable use for this site incorporates the trend of high density residential and the increased need for services due to the increase of residents in the azea. 4. Conservation of property values: The surrounding property values of the existing residential properties to the north may be affected. 5. Responsible development and growth: It is responsible development and growth to allow a mixed use development compatible with surrounding high density residential and commercial uses. 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: A mixed use development containing both residential and commercial components would not be out of chazacter in this neighborhood. The proximity to the University of Notre Dame, high density residential projects in the azea, the commercial at Edison and South Bend Avenue and the new Innovation Pazk building aze driving the need for a walkable, commercial-style development. John & Leona Rappelli #2494-08 Page 2 of 2 h ,~ R ~~~ ~ _~ ~. ~ ~E3~" V `' "s - -- r -- _ _ _ ` ~~- R __ R LB Rezoning from: "SF1" SINGLE FAMILY & TWO FAMILY "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICTS to "MU" MIXED USE DISTRICT N Zoning Key COUNTY "R" SINGLE FAMILY ® COUNTY "U" UNIVERSITY SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY -,~ SOUTH BEND "MF2" HIGH-DENSITY MULTIFAMILY SOUTH BEND "LB" LOCAL BUSINESS SOUTH BEND "CB" CENTRAL BUSINESS W E S 1 incf~ equals 100 feet APC # 2494-08