04-10-06 Council Meeting Minutes

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REGULAR MEETING APRIL 10, 2006 Mr. Thuringer advised that the petitioner is requesting a zone change from “MF1” Urban Corridor Multifamily to “O” Office to allow an office. On site is the vacant Hansel Neighborhood Center zoned “MF1” Multifamily. To the north are single-family houses zoned “SF2” Single Family. To the east is an apartment building zoned “MF1” and single-family houses zoned “SF2” To the south is the vacant Natatorium and single- family houses zoned “SF2”. To the west is a vacant lot and single-family houses zoned “SF2” The “O” Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The site plan shows the existing two-story building covering 7,158 square feet or 21% of the 0.77 acre site. The property is accessed from Washington Street and the north alley. There are 25 parking spaces and pavement covers 34% of the site. Open space-landscaping covers 55% of the site. There is a brick-iron fence along the front property line and a six foot masonry wall along the north east, and west property lines. Prior to August 13, 1991, this property was zoned “b” Multifamily Residential. However, with the passage of the West Washington – Chapin Development Area rezoning on August 13, 1991, the property was rezoned to “A” Single Family Residential. The 2004 City zoning map designated the property “MF1” Multifamily District. In December 2005, the Common Council denied a petition to rezone the Catholic Worker property located at 1126 W. Washington from “SF2” Single-Family to “MF1” Multi-Family. Washington Street is a two lane residential street at this location. No traffic counts are available at this location. The site will be served by municipal water and sanitary sewer. The City Engineer noted that the alley must be paved if used for access. The petitioner has applied for variances to bring the non- conforming building structure into compliance with the “O” Office zoning standards. The Comprehensive Plan: Policy Plan: Goal 2 Objective C: Policy ii: Promote the upgrading, rejuvenation, and beautification of all functional, existing commercial centers. The rezoning is consistent with this Comprehensive Plan economic policy. The Land Use Plan does not recommend the area for a specific land use. The West Washington- Chapin Development Plan (1991) recommends the area for low density residential land use. The neighborhood is a mix of single and multi-family houses. The building is currently vacant. The most desirable use is office or multifamily use. The surrounding property values should be conserved with the office reuse of the vacant building. It is responsible development and growth to rezone a vacant nonconforming building that is unlikely to develop under its current multifamily zone. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. It is reasonable to rezone to an office zone a vacant nonconforming building that is unlikely to develop under its current multifamily zoning. The rezoning is consistent with the Comprehensive Plan economic policy to rejuvenate existing functional centers. The rezoning should not cause traffic congestion because there is access from West Washington Street, the north alley, as well as the availability of on and off street parking. An office use will probably have less impact in the neighborhood than if the property was converted to multi-family uses under the current zoning. Ms. Charlotte Sobel, Director of Development and Special Projects, South Bend Heritage Foundation, 803 Lincolnway West, South Bend, Indiana, made the presentation for this bill. Ms. Sobel advised that the South Bend Heritage Foundation requests this rezoing of 1045 West Washington Street, known as the Hansel Neighborhood Center, from MF to O (Office). When the most recent revision of the zoning ordinance was enacted, Hansel Center was still in business at 1045 West Washington Street and no need was seen to rezone the property as their use of the property as their office was grandfathered in under the ordinance and MF was the zoning category that allowed office functions. Unfortunately, Hansel Center went out of business approximately 2 years ago and South Bend Heritage Foundation purchased the property from the Trustee for the Bankruptcy Court. Hansel Center was first built as the Children’s Dispensary, where free and reduced medical care was available to the City’s children who had no financial resources for medical care. Therefore, the historic use of the building has always been that of an office space function. After study and analysis, the highest and best use of the property is 10