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Home My WebLink About10006-10 Rezoning- 2411 South Main St.- Restore/Old Kroger-Passed 04-12-10ORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana April 12, 2010 Attest: ,~ , ~ , ,' ,,~~-~-~~~ ~,-`` -City Clerk Attest: President of Common Council ~' Presente b e to t Mayor of the Ciry of Soutli Bend, Indiana April 13, 20 10 ..__..-~ City Clerk Approved and signed by me_ Apr i 1 13 20 10 ORDINANCE NO . ~ ~ ~ ~~O ~ ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT 2411 SOUTH MAIN STREET, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED LI LIGHT INDUSTRIAL DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE LB LOCAL BUSINESS DISTRICT TO ALLOW FOR A RETAIL STORE. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. 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: THAT A PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT # 1 OF THE PLAT OF "FRISK-ROWE MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9723558 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND LOT # 1 OF THE PLAT OF "WEDGAR MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9730307 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 2.49 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND SECTIO~ II. AND A~TER I MAYOR, AND/ ESTABLISHED AS LB LOCAL BUSINESS DISTRICT. INANCE SHALL BE IN FULL FORCE AND EFFECT FROM E BY THE COMMON COUNCIL, APPROVED BY THE LIGATION. OF/THE COMMON COUNCIL Attest• City C e k °"'° Presented by me to the Mayor of the City of South Bend, Indiana on the (3 day of ~rL , 2 l v , at ~ 0 ~ `{~ o'clock ~~. m. ~~ ~° City Clerk ~~ Approved and signed by me on the ~3 day of , 2 ~! a , at f = 4~ o'clock ~. m. G ~l~•s- <~~_ Mayor, ity of th end, Indiana ~'s'* ~t~CDlt~~+ 3-~-1 ~0 PUBLIC HEARING -l`~Z' ~ ~ NOT APPROVED _~ _ l a REFERRED ~ ~~' ~ PASSED ~-{,--1 L~ ~~ l; ilc~ In CIEt'~-r'`~ C~Ilice FFg 2 4 2010 CITY C(.~c~i':~, .~0. . TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 14-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: 2411 SOUTH MAIN STREET, SOUTH BEND, INDIANA 46614. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: 2411 LLC WEDGAR, INC. ATTN: FREDDIE ROWE ATTN: G A RESNIK 2310 S. MAIN STREET P.O. BOX 2829 SOUTH BEND, IN 46614 SOUTH BEND, IN 46680 PH. NO. 574-237-6000 PH. NO. 574-237-6000 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY 402 EAST SOUTH STREET SOUTH BEND, IN 46601 574-288-6967 4). IT TS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT TO: "LB" LOCAL BUSINESS DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RETAIL STORE 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '~*s" x 11" FORMAT. SIGNED, ~ ~I ~ SIGNED, ~~~' /tee/ FOR 2411 LLC FOR WEDGAR, INC. PETITIONED PREPARED BY: DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234-4003 fi.c~~ ~~ ~s;.~. ~~. FEQ1~2010 J~;ii~ v~t4t~Cc LEGAL DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT # 1 OF THE PLAT OF "FRISK-ROWS MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9723558 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND LOT # 1 OF THE PLAT OF "WEDGAR MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9730307 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 2.49 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. ~i~~~~,° fS'i ~E~~ ~s'~ ~~$d~~ FEB 1 ~ 2010 yy~~~cf~~,~ vcl~r,~*a_~ e~ xx CITY LLS::~~~'44. [11_i1~, 17'~. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 vvww.stjosephcountyindiana.com/areaplan Fax 574 235-9813 March 17, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of 2411 LLC, et. al. to zone from LI Light Industrial District to LB Local Business District, property located at 2411 S. -Main Street, City of South Bend - APC# 2547-10 Dear Council Members: I hereby Certify that the above referenced ordinance of 2411 LLC was legally advertised on Thursday, March 4, 2010 and that the Area Plan Commission at its public hearing on Tuesday, March 16, 2010 took the following action: Upon a motion by John DeLee, being seconded by Jack Mell and unanimously carried, the proposed ordinance of 2411 LLC, et. al. to zone from LI Light Industrial District to LB Local Business District, property located at 2411 S. Main Street, City of South Bend is sent to the Common Council with a favorable recommendation. The proposed use is a good example of adaptive reuse. The retail use meets the objectives of City Plan and the South Gateway Commercial Corridor Action Plan. In addition, zoning the property may attract additional retaiUoffice opportunities to the overall site. 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, L L~ ~r~ hn W. Byornt JWB:jsc Attachment CC: 2411 LLC Wedgar, Inc., Attn: G A Resnik Danch, Harner & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2547-10 ®wner: 2411 LLC Location: 2411 S. Main Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI bight Industrial District to LB Local Business District to allow a retail store. Land Uses and Zoning: On site: On site is an existing building and parking azea. North: To the north is a water conditioning business zoned LI Light Industrial District. East: To the east is a vacant office and bank parking lot zoned LB Local Business District, and an electric substation zoned LI Light Industrial District. South: To the south is the office of the Sheet Metal Workers Union zoned LI Light Industrial District. West: To the west are railroad tracks (unzoned). District uses and development standards: The LB District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and aze limited in size and scale to promote pedestrian access. Site plan description: The total area is approximately 2.5 acres. There is an existing 15,518 square foot building. There is an existing pazking lot with 121 spaces. 54 pazking spaces are required for the proposed use. There is one access from Ewing Street and three from Main Street. The petitioner has requested vaziances for setbacks and landscaping, which will be heard at the April 7, 2010 Area Board of Zoning Appeals meeting. Zoning and land use history & trends: At one time, this was the site of a Kroger store. There have been several rezoning petitions on this property. In 1969, it was rezoned from E Heavy Industrial to C Commercial for retail. In 1987, it was rezoned from C Commercial to C Commercial for retail uses/offices. In 1989, it was rezoned from C Commercial to D Light Industrial for a commercial and industrial mechanical contractor. Traffic and transportation considerations: Main Street has three lanes. Main Street is one way, south. Ewing Street has two lanes. There is a railroad crossing on Ewing just to the northwest of the site. Utilities: Building will be serviced by municipal water and sanitary sewer. 2411 LLC #2547-10 Page 1 of 1 5 Criteria (per IC 36-7-4-603): Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan November 2006 Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. Objective ED 1.1: Encourage reuse of abandoned and underutilized land and structures. Objective ED 2: Retain existing businesses and recruit new ones to the city. Rezoning this parcel would meet these objectives. Land Use Plan: The Future Land Use Map shows this area as light industrial. Plan Implementation/Other Plans: This site is listed as a development site in the South Gateway Commercial Corridor Action Plan. The proposed uses were retail, office, commercial and light industrial. 2. Current conditions and character: Much of the area, including the subject property and both the northeast and southeast corner of Ewing Street and Main Street, are vacant. The adjacent rail corridor is on the City's long range bike and pedestrian plan. 3. Most desirable use: Retail is a good use since it meets the objectives of City Plan and the South Gateway Commercial Corridor Action Plan. 4. Conservation of property values: It is the staffs opinion that nearby property values should not be adversely affected. 5. Responsible development and growth: The proposed development is a good example of adaptive reuse. Not only is the building currently vacant, but it is also retaining a local business by allowing that business to relocate and expanded into a larger space. Recommendation: 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. Analysis: The proposed use is a good example of adaptive reuse. The retail use meets the objectives of City Plan and the South Gateway Commercial Corridor Action Plan. In addition, zoning the property may attract additional retaiUoffice opportunities to the overall site. 2411 LLC #2547-10 Page 2 of 2 i SF2 - ~, __ _~ __ LI ~- _. 1 ~ - ` 1 ~- ---- I ~ SF2 8F2~ i ! ~ _ - _ ~ __ - y ~ _ -- - - I --, Y ~ _ SF2 - ~ ++ ~ - C 1 - - _ - _ ~ ~ SF2 -- L __ ._sSFZ.. _l ~ __ _... j Y. _ _ J _- i I_ ~ --- __ - - ~ ~ -----T -~ - - -~ - -~ - i _ I _ -_ ~ ~ _- T-• 1C I~ e _ I_ ~sFZ i_ __ ~ -~ __ F ~ f C1 ~~ a Ewing Rezoning from: "LI" LIGHT INDUSTRIAL DISTRICT to "LB" LOCAL BUSINESS DISTRICT Zoning Key ~~ SOUTH BEND "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT SOUTH BEND "GB" GENERAL BUSINESS SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT ~,j SOUTH BEND "GI" GENERAL INDUSTRIAL DISTRICT N W E S 1 inch = 200 feet APC # 2547-10 Property Owners Wlthin 300 Feet Wedgar Inc. PO Box 2829 South Bend, IN. 46680 Tax Key # 018 8013 060104 2411 LLC 2310 S Main St South Bend, IN. 46614 Tax Key # 018 8013 0601 Company G LLC 2511 S Main St South Bend, IN. 46614 Tax Key # 018 8013 060102 Sheet Metal Works Union Local 20 2828E 45th St Indianapolis, IN. 46205 Tax Key # 018 8013 060103 Fred Heaney 2508 S Main St South Bend, IN. 46614 Tax Key # 018 8013 060501 Main Realty 2310 S Main St South Bend, IN. 46614 Tax Key # 018 8013 0602 Lester & Janell Emerson 2405 Michigan South Bend, IN. 46614 Tax Key # 018 8013 0613 Kevin Howell 2429 S Michigan South Bend, IN. 46614 Tax Key # 018 8013 0618 Ronald & Kathy Oesch 64555 31 South Lakeville, IN. 46536 Tax Key # 018 8013 0621 Jeff & Joyce Whiteman 2517 S Michigan South Bend, IN. 46614 Tax Key # 018 8013 0624 Fred & bebra Heaney 2508 S Main St South Bend, IN. 46614 Tax Key # 018 8013 0607 1st Source Leasing PO Box 1602 South Bend, IN. 46634 Tax Key # 018 8013 0603 1st Source Leasing Inc. PO Box 1602 South Bend, IN. 46634 Tax Key # 018 8013 0608 State of Indiana Dept of Correction Marion County 2411 South St South Bend, IN. 46614 Tax Kav # n1R RMR nR14 Edward & Penelope Pinkerton 69044 Gordon Road Cassopolis, MI. 49031 Tax Key # 018 8013 0619 Ronald Oesch 64555 US 31 S Lakeville, IN. 46536 Tax Key # 018 8013 0623 New Life Deliverance Center Inc 2521 S Michigan St South Bend, IN. 46614 Tax Key # 018 8013 0625 Fred Heaney 2508 S Main St South Bend, IN. 46614 Tax Key # 018 8013 0605 Main Realty PO Box 2675 South Bend, IN. 46680 Tax Key # 018 8013 060301 Renew Inc 2401 S Michigan South Bend, IN. 46614 Tax Key # 018 8013 0612 State of Indiana Dept.of Corrections 804 State Office Building Indianapolis, IN. 46204 Tax Key # 018 8013 0615 Jerry Bottoroff 2507 S Michigan South Bend, IN. 46614 Tax Key # 018 8013 0620 Fred Heaney 2508 S Main South Bend, iN. 46614 Tax Key # 018 8013 0622 New Life Deliverance Center Inc PO Box 11431 South Bend, IN. 46634 Tax Key # 018 8013 0626 Tapmot Inc Axelberg & Axelberg LLC New Life Deliverance Center Inc 509 W Washington 1902 S Main St PO Box 11431 South Bend, IN. 46601 South Bend, IN. 46613 South Bend, IN. 46634 Tax Key # 018 8013 0627 Tax Key # 018 8011 0489 Tax Key # 018 8013 0629 Billie May Jr Clare E Sr.& Verda Webber Jose Luis Bueno 229 W Ewing Ave 418 E Ewing Ave 225 W Ewing South Bend, IN. 46613 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8012 0587 Tax Key # 018 8012 0588 Tax Key # 018 8012 0589 Yolanda Flores Anthony Ray Lee David & Joan Whitaker 223 W Ewing 221 W Ewing PO Box 10056 South Bend, IN. 46613 South Bend, IN. 446613 South Bend, IN. 46680 Tax Key # 018 8012 0590 Tax Key # 018 8012 0591 Tax Key # 018 8012 0585 Thelma Owens Monique Inc Monique Inc 2214 S Lafayette 3019 S Michigan St 3019 S Michigan St South Bend, IN. 46613 South Bend, IN. 46614 South Bend, IN. 46614 Tax Key # 018 8012 0584 Tax Key # 018 8012 0583 Tax Key # 018 8012 0582 Jerome & Janet Ivacic Axelberg & Axelberg LLC Garrison & Helen Haynes 3019 S Michigan St 1902 S Main 2206 S Main St South Bend, IIN. 46614 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8012 0579 Tax Key # 018 8012 056702 Tax Key # 018 8011 0510 Good Faith Electrical Services Good Faith Electrical Services Inc Good Faith Electrical Services Inc 9211 Pokagon Road 9211 Pokagon Rd 9211 Pokagon Rd Berrien Center, MI. 49102 Berrien Center, MI. 49102 Berrien Center, MI. 49102 Tax Key # 018 8011 0513 Tax Key # 018 8011 0516 Tax Key # 018 8011 0519 Good Faith Electrical Services Inc. Wedgar Inc. Good Faith Electrical Services Inc. 9211 Pokagon Rd PO Box 2829 9211 Pokagon Road Berrien Center, MI. 49102 South Bend, IN. 46680 Berrien Center, MI. 49162 Tax Key # 018 8011 0522 Tax Key # 018 8011 0518 Tax Key # 018 8011 0523 Ewing Realty Thomas L Grubbs Thomas & Linda Grubbs 2306 S Main 2221 S Michigan St 2221 S Michigan St South Bend, IN. 46614 South Bend, IN. 46613 South Bend, IN. 46613 Tax Key # 018 8011 0526 Tax Key # 018 8011 0528 Tax Key # 018 8011 0524 First National Bank of America First National Bank of America Overgaards Artcraft Printers Inc. 241 E Saginaw Suite 600 241 E Saginaw Suite 600 2213 S Michigan St East Lansing, MI. 48823 East Lansing, MI. 48823 South Bend, IN. 46613 Tax Key # 018 8011 0517 Tax Key # 018 8011 0514 Tax Key # 018 8011 0520 _.__--- F Eg 1 9 2010 1N G~ Y.k~,(,, ~~ Uanch, F/artier ~ ~I ssociates, inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for 2411 I~LC for their property located at South Bend, Indiana 46614: Dear Council Members: Land Surveyors Professional Engineers Landscape Architects ^ Land Planners January 21, 2010 and Wedgar, Inc. 2411 South Main Street, Our clients are requesting the approval of a Rezoning Petition for their properties located at 2411 South Main Street, South Bend, Indiana. This requested Rezoning would allow for the re-location of the Habitat for Humanity Restore facility presently located on Sample Street. Our clients believe that this new location will provide them with additional building square footage for the display items and ample parking for their patrons. They believe this facility would fit well -along this portion of Main Street with its existing mixed uses and nearby residential neighborhoods. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, ~..., Michael J. Danch President Danch, Harner & Associates File No. 100105 "C" Md. ate. /~ ,~,.e~~ ~`~:0~ FEB 1 ° 2010 CITY ~Lcn?'' Ci. ~i.!'tll, 1~1. 1643 Commerce Drive ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 office 574/234-4003 ^ 800/ 594-4003 ^ Fax 574/234-4119 otrce 269/471-3010 ^ Fax 269/471-7237