03-09-09 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING MARCH 9, 2009 PUBLIC HEARINGS BILL NO. 02-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 SOUTH MAIN STREET, COUNCILMANIC DISTRICT SIX (6) IN THE CITY OF SOUTH BEND, INDIANA Council President Dieter made a motion to hear the substitute version on this bill. Councilmember Kirsits seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Planner, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Ms. Nayder advised that the petitioner is requesting a zone change from LI Light Industrial District to MU Mixed Use District to allow the overnight stay to a small number of people (no more than ten) in relation to the program known as “Weather Amnesty”, whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. On site is a facility that provides meals, laundry facilities, and other social services to the homeless. To the north is an electrical-substation owned by Indiana and Michigan Power zoned LI Light Industrial District. To the east is LC Typesetting zoned MU Mixed Use District. To the South is Rink Printing zoned LI Light Industrial District. To the west is an electrical sub-station owned by Indiana and Michigan Power zoned LI Light Industrial District. 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. The total area of the site if 31, 515 square feet. The building is 10, 772 square feet or 34% of the site. A total of 22 parking spaces are proved with access from Main Street. The total paved area is 12,176 square feet or 38% of the site. The open space if 8,567 square feet or 28% of the site. There is one access from Main Street. Main Street is a four lane one-way road. The existing facility is allowed under the current zoning. In order to allow for overnight stays, the property must be rezoned to Mixed Use and a Special Exception must be obtained. Both the staff and the Board of Zoning Appeal have recommended in favor of this Special Exception. She stated that City Plan, South Bend Comprehensive Plan, November 2006 H 1.5 Support existing transitional housing providers and shelters that offer a continuum of care to move people toward self-sufficiency. ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. The building is currently being used during the day for outreach activities. There are a variety of high intensity uses along the Michigan/Main corridor. Main street is mostly LI Light Industrial, and Michigan Street is mostly MU Mixed Use. There is a gas station zoned C Commercial at the northwest corner of Main Street and Sample Street, and the Center for the Homeless is located immediately southeast of the site, across the alley. The most desirable use is to maintain the current zoning or a less intense zoning. Surrounding property values should not be affected. This rezoning would not compromise the operation of the industrial businesses. It is responsible development and growth to allow the expansion of services to accommodate for the loss of services in another area. 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. The adaptive reuse of the property will allow 2