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11-28-16
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Council Mtg Minutes
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11/28/2016
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REGULAR MEETING <br />65 -16 <br />NOVEMBER 28, 2016 <br />PUBLIC HEARING ON AN ORDINANCE <br />AMENDING THE ZONING ORDINANCE FOR <br />PROPERTY LOCATED AT 913 LAWRENCE <br />STREET AND 427 & 437 CORBY BOULEVARD, <br />COUNCILMANIC DISTRICT NO.4 IN THE <br />CITY OF SOUTH BEND, INDIANA <br />Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that <br />they met and send this bill forward with a favorable recommendation. <br />Angela Smith, Area Plan Commission with offices on the 11th Floor of the County -City Building <br />served as presenter of this bill. Ms. Smith explained that the petitioner is seeking to rezone the <br />property at the northwest corner of Corby and Lawrence. The property is currently zoned S172, <br />Single - Family and Two (2)- Family, and they are seeking the NF1 Urban Corridor Multi- Family <br />District as part of their petition. The site is currently vacant. To the north, east, and west are <br />single - family homes, zoned SF2, Single - Family and Two (2)- Family. To the south are single - <br />family homes, zoned Single - Family and Two (2)- Family, and a hotel zoned MU, Mixed -Use. <br />Ms. Smith presented images that showed single - family homes in the background of the property <br />to give a perspective of the size of the lot. The proposed site plan includes three (3) buildings, <br />which include three (3) attached townhomes. They will have access from a paved alley and rear <br />entry into the garage at the back of the building. The buildings are proposed as two (2) story <br />units, with a common space along the rear. The petitioner is proposing five (5) written <br />commitments on the land uses for this property. The written commitments include the following: <br />the project site as described above shall be limited to a total of nine (9) Single - Family Attached <br />Dwelling Units; no Single - Family Attached Dwelling Unit in the described project area shall <br />exceed the maximum height of forty (40) feet to its peak; no more than four (4) Single - Family <br />Attached Dwelling Units shall make up any single building mass; a five (5) foot front yard <br />setback shall be required along any public street runnage and a minimum two (2) foot offset shall <br />be required between any Single - Family Attached Dwelling Units. Ms. Smith informed the <br />Council that this comes to them from the Area Plan Commission with a favorable <br />recommendation, subject to those written commitments. Rezoning this property to allow for a <br />mixture of housing types within the neighborhood would help satisfy a need in the area, and is <br />consistent with the Comprehensive Plan. <br />Councilmember Oliver Davis clarified for Council Attorney Cekanski - Farrand that there were <br />ten (10) written commitments, but that the Council is currently dealing with five (5) due to the <br />limits of their jurisdiction. <br />Council Attorney Kathleen Cekanski - Farrand elaborated, stating that the Neighborhood <br />Association also had five (5) separate written commitments. Council Attorney Cekanski- Farrand <br />stated, When the motion will be made later this evening, if it is favorable, it will be subject to <br />only those that are set forth in the area plan, on which Ms. Smith just set forth, because those <br />were enforceable under State law vis -a -vis governmental agencies. <br />Anthony Zappia, Attorney -at -Law, with offices at 52582 State Road 933 North, South Bend, IN, <br />was present on behalf of the petitioner. Mr. Zappia stated, I have been retained by the petitioner <br />Damsha Bua LLC. The petitioner is seeking a zoning change from SF— Single- Family and Two <br />(2)- Family— districts, to M171, Urban Corridor, Multi- Family district. The location of the <br />property is 427 and 437 Corby, and 913 Lawrence. We propose nine (9) two (2) -story <br />townhouses with three (3) units in each building. Each unit has a garage with a common access <br />from the public alley. The public alley will be paved at the expense of the developer. Mr. Zappia <br />stated that the Department of Community Investment offered a favorable recommendation and <br />that Mr. Danch would speak shortly on the commitments of the project. He continued, pointing <br />to the warm reception that his clients' development plans have received from the Northeast <br />Neighborhood, the subsequent positive recommendations they received, as well as the fact that <br />Marco Mariani of the Northeast Neighborhood Revitalization Organization sent a letter of <br />support for the project to the Area Plan Commission. <br />4 <br />
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