THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA. 3:30 p.m. County-City Building, South Bend, IN

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1 THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA Tuesday, July 19, 2011 Fourth-Floor Council Chambers 3:30 p.m. County-City Building, South Bend, IN PUBLIC HEARINGS: 1. Rezonings: A. A proposed ordinance of Freedom Realtys, LLC to zone from SF2 Single Family & Two Family District to LI Light Industrial District, property located on the west side of Swygart between Edward Street on the north and the first east-west alley on the south, City of South Bend, REQUEST TO TABLE APC # B. A proposed ordinance of St. Joseph County Commissioners to zone from A Agricultural District to R Single Family District, property located at Darden Road, St. Joseph County APC # C. A proposed ordinance of Lincoln Park Development, LLC, et al to zone from MF1 Urban Corridor Multi-family District and CB Community Business District to SF2 Single Family and Two Family District, property located at 423, 425, 429, 431 Cottage Grove Avenue, and 426 Cushing Street, City of South Bend APC # D. A proposed ordinance of Ramadan A. & Tamilyn Salameh and the City of South Bend to zone from CB Community Business District to MF2 High-Density Multifamily District, property located at 1007 N. Bendix Drive and part of 1025 N. Bendix Drive, City of South Bend APC # E. A proposed Ordinance Initiated by the Area Plan Commission Amending Chapter 21 of the South Bend Municipal Code, Article 9 Administration, Section Board Of Zoning Appeals and Article 14, Subdivisions, Sections Minor Subdivisions, , Major Subdivisions, , Subdivision Replats, And (B) Variances, City of South Bend APC # F. A proposed Ordinance Initiated by the Area Plan Commission Amending Title XV, Land Usage, Chapter 153, Subdivisions, by Revising Sub-Chapters Minor Subdivisions, Section , Major Subdivisions, Section , and Subdivision Replats, Section , in order to adopt the most recent State Statutes concerning the appeal period of Plat Committee decisions, St. Joseph County APC # G. A proposed Ordinance Initiated by the Area Plan Commission Amending Title XV, Land Usage, Chapter 154, Planning and Zoning of the St. Joseph County Code, by Revising Sub-Chapter Board of Zoning Appeals, Section , Conditions, in order to adopt the most recent State Statutes Concerning Powers of Boards of Zoning Appeals - APC # Comprehensive Plans: A. A Resolution of the Area Plan Commission of St. Joseph County, Indiana, approving the Comprehensive Plan for the Town of Lakeville, Indiana - APC # R219-11

2 ITEMS NOT REQUIRING A PUBLIC HEARING 1. Miscellaneous: A. Approval of the revised by-laws 2. Executive Director s Report: 3. Minutes and Expenditures: 4. Adjournment:

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4 Staff Report APC # Owner: St. Joseph County Commissioners Location: Darden Road Jurisdiction: St. Joseph County Requested Action: The petitioner is requesting a zone change from A Agricultural District to R Single Family District to allow a hospital, convalescent, and nursing facility. Land Uses and Zoning: On site: On site is the Healthwin facility. North: To the north is Clay Township Park zoned A Agricultural District. East: To the east are single family homes zoned R Single Family District. South: To the south, across Darden Road, is the Issac Walton League zoned SF1 Single Family and Two Family District (City). West: To the west is land adjacent to the St. Joseph River, set aside for conservation, zoned A Agricultural District. District uses and development standards: The R Single-Family Districts are established to protect, promote and maintain the development of single-family dwellings as well as provide for other limited residential, public and institutional uses that are compatible with residential development located at the periphery of an urban area. Site plan description: No site plan is required when rezoning to R Single Family District. The proposed use is a Special Use in the R Single Family District. At the July 6, 2011 meeting of the Area Board of Zoning Appeals, it was given a favorable recommendation. Zoning and land use history & trends: As far back as the 1961 zoning map, this property has been zoned Agricultural, and labeled as Healthwin Hospital. The 1966 aerial photograph shows the facility. Traffic and transportation considerations: Laurel Road is two lanes. Darden Road is two lanes with a left turn lane. Utilities: The site is served by City of South Bend utilities. Additional information: (Agency comments) Both the County Health Department and City Engineer recommend approval. The County Engineering Department is reserving comments for the site plan approval process through the Building Department. 5 Criteria (per IC ): 1. Comprehensive Plan: Land Use Plan: Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002) The Land Use Plan makes no specific recommendation for this area. St. Joseph County Commissioners # Page 1 of 2

5 2. Current conditions and character: Healthwin Hospital, along with Clay Township Park and the Issac Walton League, are long standing non-residential uses in the neighborhood. There are also several single family homes along Laurel Road. 3. Most desirable use: The most desirable use is to allow the continued use of a hospital, convalescent/nursing home, which has existed for many years. 4. Conservation of property values: Since the use is existing, surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to accommodate the expansion of this long-established existing use. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the County Council with a favorable recommendation. Analysis: Healthwin Hospital has existed at this site for many years without negative impact to the park and the surrounding residential neighborhoods. The park-like setting of the grounds has provided a positive, neighborhood setting. St. Joseph County Commissioners # Page 2 of 2

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7 Staff Report APC # Owner: Lincoln Park Development, LLC, et al Location: 423, 425, 429, 431 Cottage Grove Avenue, and 426 Cushing Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MF1 Urban Corridor Multifamily District and CB Community Business District to SF2 Single Family and Two Family District to allow single family residential. Land Uses and Zoning: On site: On site on the four Cottage Grove Avenue lots is an existing vacant duplex and three vacant lots. The lot on Cushing Street is vacant. North: To the north of the Cottage Grove Avenue lots is a vacant lot and the Colfax Cultural Center zoned MF 1 Urban Corridor Multifamily District and MU Mixed Use District, respectively. To the north of the Cushing Street lot is vacant land zoned CB Community Business District. East: To the east of the Cottage Grove Avenue lots is a parking area for the Charles Martin Youth Center and single family homes zoned MU Mixed Use District and MF1 Urban Corridor Multifamily District and MU Mixed Use District, respectively. To the east of the Cushing Street lot is a vacant lot and Louie's Tux Shop, both zoned CB Community Business District. South: To the south of the Cottage Grove Avenue lots are single family homes zoned SF2 Single Family & Two Family District. To the south of the Cushing Street lot is a vacant lot zoned CB Community Business District. West: To the west of the Cottage Grove Avenue lots are single family homes zoned SF2 Single Family & Two Family District. To the west of the Cushing Street lot is a parking area for the Charles Martin Youth Center and an abandoned home zoned MU Mixed Use District and SF2 Single Family & Two Family 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: No site plan is required when rezoning to the SF2 Single Family & Two Family District. However, the petition indicates that new single family homes with three to four bedrooms are proposed to be constructed through a partnership between the petitioner and the South Bend Heritage Foundation. The existing duplex along Cottage Avenue will be razed. Those proposed new homes will be leased to low-to- moderate income individuals with an option to purchase. Zoning and land use history & trends: Per the historical aerial maps, residential structures were located on each of the four lots on Cottage Grove Avenue and on the lot on Cushing Avenue in By 1986, two of the four structures along Cottage Grove were demolished, and another was demolished between 1993 and The structure on Cushing Avenue was razed between 1986 and Prior to 1996, the Lincoln Park Development, LLC, et al # Page 1 of 3

8 lots on Cottage Grove Avenue were zoned "B" Residential (Multifamily) / "a" Height & Area, and the lot on Cushing Avenue was zoned "B" Residential (Multifamily) / "b" Height & Area. Traffic and transportation considerations: Both Cottage Grove Avenue and Cushing Street are two lane local streets. Utilities: The lots will be served with municipal sanitary sewer and water. Additional information: (Agency comments) The Department of Community & Economic Development is supportive of this rezoning request. The Division of Engineering & Public Construction had no comment. 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: City Plan, City of South Bend, Indiana (November 2006) Objective H 4: Ensure well-designed, infill housing on vacant land in the city's neighborhoods. Policy H 4.1: Support the efforts of community organizations in developing infill housing. This rezoning meets the stated objective and policy. Land Use Plan: The Future Land Use Map within City Plan recommends high density residential (more than 12 du/acre) for the Cottage Grove Avenue lots and commercial use for the Cushing Street lot. These recommendations were based on existing multi-family residential along Cottage Grove Avenue, and the existing commercial use of the lots to the north of the Cushing Street lot fronting Lincoln Way West. Plan Implementation/Other Plans: The Lincoln Way West Commercial Corridor Revitalization Action Plan (June 1999) recommends commercial use for the lot along Cushing Avenue. In 1999, this lot served as a parking area for the commercial use to the north, which has since been razed. 2. Current conditions and character: The northern lot along Cottage Grove Avenue is occupied by a vacant duplex while the three lots to the south are vacant. The lot along Cushing Avenue is also vacant. 3. Most desirable use: The most desirable use of the lots is residential to further compliment the adjacent residential uses and to meet the objectives of City Plan. 4. Conservation of property values: The adjacent property values should be conserved, or could potentially be raised, as a result of infill residential development on these vacant lots. Lincoln Park Development, LLC, et al # Page 2 of 3

9 5. Responsible development and growth: It is responsible growth and development to allow single-family residential homes to be constructed on underutilized and vacant lots within a primarily single-family residential neighborhood. Recommendation: Based on information available prior to the public hearing, the staff recommends that this rezoning petition be forwarded to the City of South Bend Common Council with a favorable recommendation. Analysis: The proposed use of these lots as single-family residential is compatible with the adjacent zoning districts, permitted uses, and existing single-family residences, and addresses the housing objectives of City Plan. Lincoln Park Development, LLC, et al # Page 3 of 3

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11 Staff Report APC # Owner: Ramadan A. & Tamilyn Salameh Location: 1007 N. Bendix Drive and part of 1025 N. 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 (senior independent living facility). Land Uses and Zoning: On site: On site is a vacant commercial structure most recently occupied as a restaurant, and an adjacent parking area partially used for the Urban Garden Market, a temporary and seasonal farmers market, both zoned CB Community Business District. North: To the north is a vacant parking area used seasonally for the Urban Garden Market, and vacant retail structure all zoned CB Community Business District. East: To the east is a credit union, a vacant bank, and a health services facility all zoned LB Local Business District. South: To the south is LaSalle Square, a multi-tenant retail center, zoned CB Community Business District. West: To the west is vacant land zoned MF2 High-Density Multifamily District and the LaSalle Branch Library zoned CB Community Business District. The vacant land was rezoned in 2008 (APC # ) for multi-family dwellings (senior independent living facility). District uses and development standards: The MF2 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 2.58 site includes both the 0.91 acres to be rezoned with this petition and an adjacent area to the west which was rezoned to the MF2 Multifamily District in 2008 (APC # ). The site plan shows a four story 72 unit senior living facility covering 0.56 acres, or 22% of the site. The proposed parking areas, drives and sidewalks cover 0.65 acres, or 22% of the site; and the developed recreational open space covers 0.13 acres, or 5% of the site. The remaining 1.24 acres, or 48%, is open space. A total of 144 parking spaces are required and 55 spaces are provided. Variances for a reduction in the number of parking spaces, reduced front yard setbacks from the existing and proposed public rights-of-way, a reduced side yard setback, and an increase in the maximum allowable height and number of stories were approved by the Area Board of Zoning Appeals on June Access to the site will be provided to the west and south via two proposed public streets. All landscaping, lighting, and signage will be in accordance with the zoning ordinance. Zoning and land use history & trends: The area to the southwest of Ardmore Trail and Bendix Drive was undeveloped until the mid 1970s when the LaSalle Square multi-tenant shopping center was constructed. The existing structure within the area to be rezoned was built sometime after the construction of the center but prior to Rezoning petitions were submitted in 2001 (APC # ) to add a charitable Ramadan A. & Tamilyn Salameh # Page 1 of 3

12 gaming facility to the center and in 2002 (APC # ) to add a day care facility and banquet hall to the center. Both of these petitions were withdrawn. Traffic and transportation considerations: Bendix Avenue is a four lane road and Ardmore Trail is a two lane road. Both have center turn lanes. The nearest traffic counts taken in 2010 along Bendix Drive south of Ardmore Trail and along Ardmore Trail east of Bendix Drive reveal an AADT of 6,343 and 2,531, respectively. Utilities: The site will be served by municipal sanitary sewer and water. Additional information: (Agency comments) The Department of Engineering & Public Construction commented that the existing utilities in the vacated Kentucky Street must be kept in service, resulting in their relocation. The Department of Community and Economic Development commented that the proposed rezoning is consistent with the LaSalle Square Area Redevelopment Plan, would have a positive effect on the area's appearance, and would represent the next step in the revitalization of a wider area. 5 Criteria (per IC ): 1. Comprehensive Plan: Policy Plan: City Plan, City of South Bend, Indiana (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 disable persons. LU 2.3: Ensure coordination of land uses among adjacent area-specific plans. This proposed rezoning meets all these objectives and policies. Land Use Plan: The Future Land Use Map within City Plan shows that the area included within this rezoning petition and the adjacent LaSalle Square shopping center as mixed use. Plan Implementation/Other Plans: The LaSalle Square Area Redevelopment Plan (September 2008) The public participation process which occurred prior to the drafting of this plan revealed that of all types of residential land uses, senior housing was the most preferred type of housing. The public also identified sidewalks as the number one infrastructure need for the area. These desires led to the following recommendation within the five year outlook plan. 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. Another strategic approach goal and objective recommends to increase the interior and exterior connectivity through reintroducing streets, sidewalks and trails within the site. The propose rezoning meets all these stated recommendations, goals and objectives. Ramadan A. & Tamilyn Salameh # Page 2 of 3

13 2. Current conditions and character: Currently, the property included within the petition includes a vacant restaurant and an open parking area to the north. The property to the west of the petition area, which is also included within the site plan, is an undeveloped vacant area. 3. Most desirable use: The most desirable use of this property and the adjacent property to the west is a mixed use of residential and commercial. 4. Conservation of property values: The adjacent property values should be conserved, or could potentially increase, with the development of a senior living facility. 5. Responsible development and growth: It is responsible development and growth to follow previously adopted city-wide and area specific land use plans. The presence of additional residents could act as a catalyst for further commercial investment and development within the LaSalle Square area. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the City of South Bend Common Council with a favorable recommendation. Analysis: A substantial community wide effort was put into the planning process and development of City Plan, and more recently the LaSalle Square Area Redevelopment Plan. The proposed rezoning is consistent with the recommendations, goals, and objective of both of these plans. Ramadan A. & Tamilyn Salameh # Page 3 of 3

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15 Staff Report APC # Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: The requested action is a text change, amending Chapter 21 of the South Bend Municipal Code, Article 9 Administration, Section Board Of Zoning Appeals and Article 14, Subdivisions, Sections Minor Subdivisions, , Major Subdivisions, , Subdivision Replats, and (B) Variances. Additional information: Section I of the proposed ordinance amends the section of the zoning ordinance pertaining to the powers of the Board of Zoning Appeals. State statutes now give the Board the authority to place conditions upon the approval of variances. Sections II, III, and IV change the time frame for appealing subdivisions from 10 days to five days. Section V authorizes the Plat Committee or the Plan Commission the right to grant waivers from requirements of the subdivision ordinance. Recommendation: Based on information available prior to the public hearing, the staff recommends that the amendments of the City of South Bend Zoning Ordinance be forwarded to the City of South Bend Common Council with a favorable recommendation. Analysis: These amendments are in response to House Enrolled Bill 1311, which included numerous changes to the state planning and development statutes. APC Initiated # Page 1 of 1

16 Staff Report APC # Owner: APC Initiated Location: Text amendment Jurisdiction: St. Joseph County Requested Action: The request is a text change from Title XV, Land Usage, Chapter 153, Subdivisions, Sub- Chapters Minor Subdivisions, Section , Major Subdivisions, Section , and Subdivision Replats, Section , in order to adopt the most recent changes to State Statutes concerning the appeal period of Plat Committee decisions. Additional information: 1. The appeal period for interested parties is being reduced from 10 to 5 days for Minor Subdivisions, Major Subdivisions, and Subdivision Replats. 2. Plat vacations will now be heard by the Plat Committee. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the County Council with a favorable recommendation. Analysis: The purpose of this ordinance is to make changes to the subdivision ordinance as a result of House Enrolled Act APC Initiated # Page 1 of 1

17 Staff Report APC # Owner: APC Initiated Location: Text amendment Jurisdiction: St. Joseph County Requested Action: The requested action is a text change to Title XV, Land Usage, Chapter 154, Planning and Zoning of the St. Joseph County Code, by Revising Sub-Chapter Board of Zoning Appeals, Section , Conditions, in order to adopt the most recent changes to State Statutes Concerning Powers of Boards of Zoning Appeals. Additional information: The Area Board of Zoning Appeals now has the authority to put conditions upon approval of variances. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the County Council with a favorable recommendation. Analysis: The purpose of this ordinance is to make changes to the zoning ordinance as a result of House Enrolled Act APC Initiated # Page 1 of 1

18 Staff Report APC # R Owner: Initiated by the Town of Lakeville Jurisdiction: Town of Lakeville Requested Action: The petitioner is requesting approval of a Comprehensive Plan for the incorporated Town of Lakeville, Indiana, pursuant to IC The Comprehensive Plan includes the following: a vision statement, the development of public utilities, a Land Use Map, and recommendations for implementing the Plan. Staff Comments The staff has reviewed the Lakeville, Indiana Comprehensive Plan. The plan contains all of the elements required by state law. The plan also provides a series of Goals, Policies and Implementation Strategies that provide Lakeville with a practical and logical implementation plan. The Comprehensive Plan notes that a variety of changes to the zoning ordinance will be needed if some of the goals and objectives are met. Recommendation: Based on information available prior to the public hearing, the staff recommends that the Area Plan Commission adopt the Lakeville Comprehensive Plan and recommend to the Lakeville Town Council that it adopt the Comprehensive Plan. Initiated by the Town of Lakeville R Page 1 of 1