HomeMy WebLinkAboutBill 22-16 6100 Nimtz Parkway Rezone-Blackthorn Golf Course & Hotel=W EiJ
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Depu I 1)i, e,I,r
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFLRSO.A BLV1) ., ROODI 1140 COU,AIl (II' BUILDIA6, tiOU'IH BEND, INDIAAA +6601 (57+) ?SS ->>71
May 18, 2016
South Bend Common Council
0 Floor, County -City Building
South Bend, IN 46601
RE: Bill # 22 -16
Rezoning: 6100 Nimtz Parkway
Dear Council Members:
The Area Plan Commission held a public hearing on May 17, 2016 for the above reference petition. This
petition is set for public hearing before the Common Council on Monday, May 23, 2016.
Ordinance & Petition Amendments:
None at this time.
Public Hearing Summary:
There was no one that spoke in favor /opposition to the proposed rezoning.
If you have any further questions, please feel free to contact me at (574) 235 -9571.
Sincerely,
Keith Chapman, Planner
CC: Kathleen Cekanski - Farrand
Filed in Clerk's Office
E MAY 1 8 ?()16
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T J O S E P H CO U N T Y 1 N D IAN A. C 0 M/ A R E A P L A N
4=0 we, low
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
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 18, 2016
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A combined public hearing on a proposed ordinance of Acquisition Group, LLC and to zone from LI
Light Industrial District to CB Community Business District and seeking a Special Use to allow a golf
course, and seeking the following variance(s): 1) From the maximum allowable 50' building height to 80'
2) From the required 9 interior parking area landscape islands to none., property located at 6100 Nimtz
Parkway, City of South Bend - APC# 2779 -16.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Acquisition Group, LLC was legally advertised on
Thursday, May 05, 2016 and that the Area Plan Commission at its public hearing on Tuesday, May 17, 2016
took the following action:
Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a
proposed ordinance of Acquisition Group, LLC to zone from LI Light Industrial District to CB
Community Business District, property located at 6100 Nimtz Parkway, City of South Bend, is
sent to the Common Council with a FAVORABLE recommendation subject to Written
Commitments that the following uses, as specified in the Declaration of Protective Covenants &
Restrictions of the Blackthorn Corporate Park, shall be prohibited: 1) noxious, toxic or corrosive
fumes, gases, or discharges; 2) smoke or offensive odors; 3) ground conditions which will produce
dust; 4) noise and/or vibration; 5) intense glare or heat; 6) outdoor storage of any type; 7) drive -up
facilities of any type; 8) convenience stores and gas stations, or any type of automotive service;
9) adult uses, as defined by the South Bend Municipal Code; and 10) outdoor advertising signs,
commonly referred to as billboards.. This rezoning will allow for the need to provide commercial
development that supports the uses within the Blackthorn Corporate Office Park to be fulfilled.
Adequate screening and low lying topography will reduce the impact on the surrounding properties,
limiting the effect of the hotel's height.
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. Magliozzt
Attachment
CC. SERVINACgU1$i$1MCaMIL[1T LISC>UTH BEND, LAKEVILLE, NEW CARLISLE, NO
Fled in Clerk's Office
MAY ", 6 q (11 fi
KAREEMAH FOWLER
CITY CLERIC, SOUTH BEND, IN
W W W. S T J O S E P H C O U N T Y I N D I ANA. C O M/ A R E A P L A N
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 6100 NIMTZ PARKWAY,
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To allow a hotel and recreation area adjacent to Blackthorn Golf Course
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 Lot Numbered Seven "A" (7A) as shown on the recorded plat of Blackthorn
Corporate Office Park, Minor #10 and Blackthorn Corporate Office Park, First Replat
Recorded July 19, 2006 as Instrument Number 0630469 in the Office of the Recorder
of Saint Joseph County, Indiana, more particularly descibed as follows:
Beginning at the Northwest corner of said Lot 7A, thence S89 047'23 "E, along the North
line of said Lot 7A, a distance of 329.80 feet; thence N86 °03'23 "E, along the North line
of said Lot 7A, a distance of 829.78 feet; thence S00 008'55 "W a distance of 140.00
feet; thence S64 °04'20 "W, a distance of 1342.84 feet; thence N01 °18'46 "E a
distance of 215.97 feet; thence N04 041'34 "E, a distance of 249.40 feet; thence
S89 047'23 "E a distance of 24.32 feet; and thence N00 012'37 "E a distance of 206.90
feet to the point of beginning, containing 10.65 acres, more or less.
be and the same is hereby established as CB Community Business.
SECTION II.
That a Special Exception for a Recreation Use in a CB Community Business District is
hereby granted subject to a site development plan hereby attached and made a part of
this Ordinance and which site plan contains and lists all conditions, if any, of approval.
SECTION III. 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 of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
1* READING
PUBLIC w:A,
3 rd READi , .
NOT APPROVE.-
REFERRED
PASSED
City Clerk
day of
Mayor, City of South Bend, Indiana
2 , at
Filed in Clerk's Office
APR 0 6 2016
KAREEMAI-I FOWLER
CITY CLERK, SOUTH BEND, IN
PETITION FOR ZONE MAP AMENDMENT
CiU 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:
6100 Nimtz Parkway
South Bend, IN 46628
2) The property Tax Key Number(s) is /are: 025- 1018 - 062406
3) Legal Descriptions: [Enterfulllegal description]
4) Total Site Area: 10.65 Acres +/-
5) Name and address of property owner(s) of the petition site:
Acquisition Group, LLC
124 North Sunnyside Avenue
South Bend, IN 46617
574- 210 -5032
tim@blackthorngolf. com
Name and address of additional property owners, if applicable: N/A
6) Name and address of contingent purchaser(s), if applicable:
Blackthorn Hotel and Golf Club, LLC
6100 Nimtz Parkway
South Bend, IN46628
574- 210 -5032
tim@blactkhorngolf com
Name and address of additional property owners, if applicable: N/A
7) It is desired and requested that this property be rezoned:
From: LI Light Industrial District Additional zoning district, if applicable
To: CB Community Business District
8) This rezoning is requested to allow the following use(s): Hotel and Recreatio,
IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next sectioi
1) List each variance being requested. Contact Commission Staff if you need
Filed in Clerk's Office
APR 0 6 2016
CITY CLERK, SOUTH BEND, IN
2) 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: See Attachment
(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; and: See Attachment
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: See Attachment
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s) being requested: Recreation Use
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare: The property to be re -zoned is presently cased for Recreation (Golf
Course)
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: The property to be re -zoned is presently used for Recreation (Golf Course)
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and: The adjacent property to remain as "LI -Light Industrial" is presently used
for Recreation (Blackthorn Golf Club)
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. Proposed uses support Tourism and Economic Development in the City, offering both lodging and
recreation options.
* In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Abomnarche Consultants, Inc. (c% Brian McMorrow)
750 Lincoln Way East
South Bend, IN 46601
574- 203 -9523
bnicmorrow@abonitiarche.com
BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE -
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of, aoperty owner(s), or signature of Attorney for all property owner(s):
ATTACHMENT — Variances
Rezoning Petition by Acquisition Group, LLC (Owner)
6100 Nimtz Parkway, South Bend, IN 46628
21 -03.05 (b) (4): Proposing to construct a 6 -story Hotel building as high as 80', whereas a maximum of
fifty feet (50') is permitted in the "CB- District ".
The approval will not be injurious to the public health, safety, morals and general welfare of the
community because it will be constructed in strict accordance with currently published building codes
and the use will help to promote economic development and tourism in South Bend and the region.
The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because, as currently zoned, the building could be as high as
85'.
The strict application of the terms of this Ordinance provision would result in practical
difficulties in the use of the property because the existing topography is such that a larger building
footprint would unnecessarily disturb more open space than is necessary.
21 -07.01 (d) (1): Proposing less than one (1) interior landscape island for every fifteen (15) parking
spaces, as otherwise required
The approval will not be injurious to the public health, safety, morals and general welfare of the
community because the parking lot will otherwise meet all currently published rules, regulations and
standards.
The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because proposing the parking lot with a "compact" footprint
will aid in screening in from adjoining properties.
The strict application of the terms of this Ordinance provision would result in practical
difficulties in the use of the property because we are attempting to minimize walking distance for hotel
guests, while providing ample screening from adjoining properties and public right -of -way by preserving
existing mature vegetation.
21 -07.03 (d) (1) (D) Lb.: Proposing two (2) monument signs within the public right -of -way of Nimtz
Parkway, whereas said signs should have a minimum setback of five feet (5') from the right -of -way.
The approval will not be injurious to the public health, safety, morals and general welfare of the
community because the proposed monument signs will provide appropriate guidance and identification
for guests and be otherwise designed to comply with the signage design standards set forth in the City
of South Bend Code and by the Blackthorn Corporate Park.
The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because the proposed monument signs will be designed in
accordance with the signage design standards of the Blackthorn Corporate Park, within which the Hotel
will be situated.
The strict application of the terms of this Ordinance provision would result in practical
difficulties in the use of the property because placing the monument signs at least 5' back from the
right -of -way not allow the signs to be viewed from the access drive (which happens to be within the
public right -of -way of Nimtz Parkway).
Staff Report 5/5/2016
APC # 2779 -16
Owner: Acquisition Group, LLC
Location: 6100 Nimtz Parkway
Jurisdiction: City of South Bend
Public Hearing Date: 5/17/2016
Requested Action:
The petitioner is requesting a zone change from LI Light Industrial District to CB
Community Business District.
Land Uses and Zoning:
On site: On site is a golf course zoned LI Light Industrial District.
North: To the north across F.J. Nimtz Parkway are two vacant lots and an office
building zoned O Office District.
East: To the east is the Blackthorn Golf Course Clubhouse zoned O Office
District.
South: To the south is the airport zoned LI Light Industrial.
West: To the west across the U.S. 31 bypass is farmland zoned LI Light
District Uses and Development Standards:
The CB - Community Business District is established to provide a location for high volume
and high intensity commercial uses. Activities in this district are often large space users
which may include limited amounts of outdoor sales or outdoor operations. Developments
within the CB District shall be coordinated to facilitate vehicular and pedestrian access
from nearby residential districts.
Site Plan Description:
This site consists of two proposed lots, totaling 10.65 acres. A 74,575 square foot hotel is
proposed for one of the lots. The second lot will continue to be used as a golf course. The
proposed parking lot will consist of 126 spaces with no landscape islands shown. The site
plan proposes an 80', 6 story hotel with 120 guest rooms.
Zoning and Land Use History And Trends:
This property has been zoned industrial since 1980.
Traffic and Transportation Considerations:
Nimtz Parkway has four lanes.
Utilities:
This site will be served by municipal sewer and water.
Agency Comments:
The County Surveyor and the Department of Community Investment recommend
approval. The City Engineer recommends approval and commented that the access drive
and its approach on Nimtz Parkway are on INDOT right -of -way. It is recommended that
the applicant work to resolve any potential issues that might arise from INDOT's
perspective.
Commitments:
The staff is requesting written commitments that the following uses, as specified in the
Declaration of Protective Covenants & Restrictions of the Blackthorn Corporate Park, shall
be prohibited: 1) noxious, toxic or corrosive fumes, gases, or discharges; 2) smoke or
offensive odors; 3) ground conditions which will produce dust; 4) noise and/or vibration;
APC # 2779 -16 Page 1 of 3
Staff Report
5/5/2016
5)intense glare or heat; 6) outdoor storage of any type; 7) drive -up facilities of any type; 8)
convenience stores and gas stations, or any type of automotive service; 9) adult uses, as
defined by the South Bend Municipal Code; and 10) outdoor advertising signs, commonly
referred to as billboards.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
This petition is consistent with City Plan, South Bend Comprehensive Plan (November,
2006); Policy F 9.9: Increase the amount of revenue generated from tourism.
Land Use Plan:
The future land use map identifies this area as parks & open spaces.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Currently, the Blackthorn Industrial Park has a mix of office and industrial uses, as well as
a golf course.
3. Most Desirable Use:
The most desirable use for this property is one that promotes economic sustainability for
the area and can fully utilize the nearby interstate access.
4. Conservation of Property Values:
Based on the existing office and industrial nature of the area, surrounding property values
should not be adversely affected by any uses permitted within the CB Commercial
Business zoning district provided the development is consistent with the character
established by the Blackthorn Corporate Office Park.
5. Responsible Development And Growth:
Constructing a hotel in an area that has a mixture of office and industrial uses is responsible
growth.
Combined Public Hearing:
The Petitioner is seeking a Special Exception Use to allow for a:
Golf course
A Special Exception Use may only be granted upon making a written determination, based upon
the evidence presented at a public hearing,
(1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
Continuing to use this site as a golf course will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein;
The site is currently used as a golf course. There will be no adverse affect on surrounding
property values
APC # 2779 -16 Page 2 of 3
'Staff Report
5/5/2016
(3) The proposed use will be consistent with the character of the district in which it is located and
the land uses authorized therein;
The character of the district will not change as the site is currently used as a golf course.
(4) The proposed use is compatible with the recommendations of the Comprehensive Plan.
The proposed use is compatible with the Comprehensive Plan to encourage the retention of
open spaces for recreational purposes.
The petitioner is requesting the following variances:
1) From the maximum allowable 50' building height to 80'
2) From the required 9 interior parking area landscape islands to none.
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.
Because the proposed hotel is located in a low lying area and properly screened by trees
there should be no adverse effects to the public health, safety, morals and general welfare of
the community.
(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 height of the building will be adequately screened from adjacent properties with the
existing vegetation surrounding the perimeter of the property. The use and value of
adjacent properties should not be adversely impacted.
(3) The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property.
Strict application of the Landscape Ordinance would not result in practical difficulties.
There is adequate spacing for the required parking islands by either adding trees to the
shown greenspace in the parking lot or utilizing the excess parking spaces for parking
islands.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, a Special Exception
Use, and two variances from the development standards. The Commission will forward
the rezoning and the Special Exception Use to the Council with or without a
recommendation and either approve or deny the variances.
Recommendation:
Based on information available prior to the public hearing, staff recommends this rezoning
and special exception use petition be sent to the Common Council with a favorable
recommendation subject to the written commitments. Staff recommends the variance for
building height be approved, but recommends denial of the variance request for the parking
area landscape islands.
Analysis:
This rezoning will allow for the need to provide commercial development that supports the
uses within the Blackthorn Corporate Office Park to be fulfilled. Adequate screening and
low lying topography will reduce the impact on the surrounding properties, limiting the
effect of the hotel's height.
APC # 2779 -16 Page 3 of 3
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