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Home My WebLink About9665-06 Rezoning 1045 West Washington St - District 2ORDINANCE No. 9665-06 Passed by the Common Council of the Ciry ofSoutli Bend, Indiana April 10, Attest: 286 Anest: Presented by me to the Mayor of the City of South Bend, Indiana April 11, 06 Ciry Clerk President of Common Council Approved and signed by me April 13 , 20 0 6 City Clerk Mayor ORDINANCE NO. Q ~o~os ~ ~o AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1045 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property at 1045 West Washington Street is now zoned MF, Multi Family, and it is requested to rezone the property to O, Office. When the last neighborhood rezoning took place, 1045 West Washington Street was the office location of the Hansel Neighborhood Center and this zoning accommodated that use. Unfortunately, the Hansel Neighborhood Center went out of business approximately two (2) years ago and South Bend Heritage Foundation purchased the property from the U.S. Bankruptcy Court to ensure that future uses would be compatible with the neighborhood's diversity. The building's footprint does not lend itself to a conversion to multifamily units, in keeping with the present zoning, but is compatible with an office use, which is how the building was used for many years. South Bend Heritage Foundation is requesting a change to O, Office, to allow the building to be re-used in its existing configuration without substantial changes. This change will have no more impact in the West Washington neighborhood than its past use as offices; rather, the rezoning brings the property into conformance with the new zoning ordinances of the City of South Bend. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: 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: Lot Numbered One (1) as shown on the recorded Plat of Joseph Rockafeller's Addition to the City of South Bend, and Lot Lettered A and Lots Numbered Eleven (11) and Twelve (12) as shown on the recorded Plat of Joseph Rockafeller's Second Addition to the City of South Bend. (1045 West Washington Street) Be and the same is hereby established as O (Office). SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. .~~ ,~ Member o~t Common Council Attest: City Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the < < ~~ day of ~.~, 2006, at Z'- oD o'clock p -. m. ~_ City erk ~~ Approved and signed by me on the /~ ~ day of ~ , 2006, at _~o'clock Q m. Mayor of the Ci of South Bend, Indiana ~ St kgAb-AG Z - 13 ~ oS~ PUBLIC HEARING ~-l~ -v~ 3 rd READING ~-~ ,p _ p(o NOT APPROVED REFERRED /~;p, L_ t 3 -O~ R'ASSED c.t-~ 0 _06 ~$'~~ce ~~ ~.~~/ 3 ~~p6 ~~~ ~c~~~k soP~~e'/°' G~~~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06-06 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1045 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT 2 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. Karen L. White Chairman Date Filed: Application No.: Date received by the Area Plan Commission: I 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 to be rezoned is located at 1045 West Washington Street, South Bend, Indiana, 46601. 2. The owner of the property is South Bend Heritage Foundation, located at 803 Lincolnway West, South Bend, Indiana, 46616, 574/289-1066. 3. The contingent purchasers are Wightman Petrie Consulting Engineers and Land Surveyors, 713 South Scott Street, South Bend, Indiana, 46601, 574/232-4388. 4. It is desired and requested that this property be rezoned from MF (Multi Family) to O (Office). 5. This rezoning is requested to allow Wightman Petrie to use the old Hansel Neighborhood Center for its offices. 6. Attached is a copy of: (a) the 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, (f) a location map, drawn to scale, including surrounding street names. Property Owner Signature: Charlotte B. Sobel for South Bend Heritage Foundation Petition Prepared By: Charlotte B. Sobel, Director of Development and Special Projects South Bend Heritage Foundation 803 Lincolnway West South Bend, Indiana 46616 574/289-1066X214 (telephone) 574/289-4550 (Facsimile) cbsobel @sbheritage. org ..,<~r ®f-ice ~1~~'~, to $'E.~,,~ ~ r C}TY Clrein, 1045 West Washington Street South Bend, Indiana STATEMENT OF PURPOSE AND INTENT South Bend Heritage Foundation requests this rezoning 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 O (Office) as the building is not easily convertible to a multifamily use due to the small size of the building's structural bays. And, O (Office) is the traditional use of the property. The property is surrounded by a 6 foot high solid brick wall and so on-site parking and other ancillary exterior office uses will not be an intrusion into the surrounding neighborhood, which is zoned primarily SF 2. South Bend Heritage Foundation has been discussing the potential sale of the building to Wightman Petrie Consulting Engineers and Land Surveyors for use as their offices. Wightman Petrie has outgrown their present space and would like to remain in the Near West Side downtown area. Without this rezoning, Wightman Petrie will not be able to purchase the property and make improvements to this building. _~--- ~P,'~,1; VG~R,~E °'~ ~,.,, cp. BEND, IN. 1045 West Washington Street South Bend, Indiana LEGAL DESCRIPTION Lot Numbered One (1) as shown on the recorded Plat of Joseph Rockafeller's Addition to the City of South Bend, and Lot Lettered A and Lots Numbered Eleven (11) and Twelve (12) as shown on the recorded Plat of Joseph Rockafeller's Second Addition to the City of South Bend, Key Number: 18-1040-1803 r ~rt,e ~ Q~$tC0 ^f.06 ~ ,- ~ ~J ~,,. yC, BEr~C, IN. .~ C+j~{ Ci hiii , ALLEY i{.00' R.O.W. 'NI 'ON38 'OS '~a370 At10 3QlIOOA NhOP 900? £ - B3~ •1 i ~° e.+r!~~ ..3~~~ .:~.~..s.~~ ~~ ~~ii~ 1 ~~ O~ ~p~^~F ~ QQ'~p`~J ~~ roM w Y = ~~a 5 s ~~~ ~b~ ~~~ ~~~ o~ V~ L) Z K d gZ i C7 3 a ~ ~" ~ ~~ ~~ ~~ o ~o zo scAiE:i'•ia-0' •' Cunegin life Estate 3711 Belle Vista South Bend, IN 46619 IS-Ia9o -I}53 N. Rice & E. Dixon 1106 [J. Colfax South Bend, TN 46616 lb -logo-1}5Co A Lois Muharunad POBox 1893 1223 Western Ave South Bend, IN 46634 I ~ i~-I~o Mattie P. Lewis 1036 GJ. Colfax South Bend, IN 46616 la -1041-I}9~- Derek McCauley 1028-1030 W. Colfax South Bend, IN 46616 is--a4i-1800 Otis Johnson 1014 W. Colfax South Bend, IN 46616 l8 -1091835 SBHF 803 Lincolnway West South Bend, IN 46616 I S -ID'Fo-1~8 ~-`9 Ccert~ r. ~~' ~~1 M/M George Clay 1025 W. Washington South Bend, IN 46601 t8 -Io41-i8c5 Charlotte Pfeifer 1013 [J. [•Jashington South Bend, IN 46601 1$-IaK-1842 Margaret Pfeil, Trustee Catholic Worker 1125 W. Gashington South Bend, IN 46601 t8- 301-2~-}3 - ~o -z}Iq~ - X15 - sal ~o Helen Dupriest 1116 GJ. Colfar. South Bend, IN ! 8-10'9'0- l~-r,,~' Valley P,mer. Bank, Trustee Land Trust Lt-15 46616 1114 [•~. Colfax South Bend, IN 46616 t8-Ic,s}0-Ii~,S Evelyn Glass 1102 W. Colfax South Bend, IN 46616 18 -la~}o- t~5 ~ -1{-58 Charles King 1799 Kessler Blvd. South Bend, IN 46616 1 g'Id~o-~I Hattie M. Walker 1034 W. Colfax South Bend, IN lE-I 041-1~8 Earnest Dixon 1106 W. Colfax South Bend, IN 46616 gib-I~o.{~-5G E. & H. Ozdych 1038 [J. Colfax South Bend, IN 46616 IS -104-I-{~y ~ Paul Liszewski 2956 Jamestown Ct. No. 46616 Mishawaka, IN 46545 16 -1041-1~9 Melvin Wilson 1022 W. Colfax South Bend, IN 46616 Ib-Io4•(-18o I -I~- I>33'~- Hans Roegele 1012 [J. Colfax South Bend, IN 46616 ta-la}2-193ef. M/M Hollis Hughes, Sr 414 N. Studebaker South Bend, IN 46623 I b -I o90-l~~l Irene Reed 1021 [J. Washington South Bend, IN 45601 tb-lo¢I -18oa Joel Taylor 1009 [J. Washington South Bend, IN 46601 tg-i°q'~1841 M/M Dewitt Moody 722 N. Twyckenham South Bend, IN 46617 Brenda Reed 1016 W. Colfax South Bend, IN` 46616 Adeline Wigfall 1131 W. Washington South Bend, IN 46601 la-lo4o-t~.~ Marsha Scott Portage Realty Co. 6410 Stonecreek Dr. Indianapolis, IN 46268 ~a-1 o~-I -~8~- Ronald Skwarcan 1019 G7. [Jashington South Bend, IN 46601 t8 -Io'1-Z-1845 Noah Nickell PO Box 10046 South Bend, IN 46680 td- 30~1-2~fi2 M/M Hayes Taylor 51662 Windy Ridge Ct. South Bend; IN 46628 is-~-218 Carliss Phillips 1106 W. Washington South Bend, IN 46601 M/M Jeffrey Smith 1121 GJ. Jefferson Blvd South Bend,IN 46601 tb - 3o~v- 2~'L~i A Claire Emery 1107 W. Jefferson Blvd. South Bend, IN 46601 l 6 -3ofio ..2,~~- Jesus Granados 1035 W. Jefferson Blvd South Bend, IN 46601 t 8 -~jpGa -2.G f Mike Blough 417 1st Street Goshen, IN 46528 Robert Vernon 1033 W. Colfax South Bend, IN 46616 is -latl -t~82 Jesse Sanders 1030 W. Jefferson Blvd. South Bend, IN 46601 is-~'o - ~ZZ ~~~ ~, -Imo-loo -t~~-2 -1o41-ISo~ - ~(•8 -Zt.B$ City of South Bend 227 W. Jefferson South Bend,IN 46601 is-mac-2}-20 -~ 2~- Zl -~a-21.c5 f~~w Sabrina Lopez 1117 W. Jefferson Blvd. South Bend,IN 46601 Ib ~'0-225 Chiara Home 1105 47. Jefferson Blvd. South Bend, IN 46601 Ib - 3a}o-2~2$ -2-29 A & D Sanders 1030 W. Jefferson Blvd. South Bend, IN 46601 I b-~Xwb-ZL l Z M & J Ellis 1037 W. Colfax South Bend, IN 46601 t a-loq-I-F?So Walter Peak POBox 3250 South Bend,IN 46616 lb -IoM-rt$9- Lena Price 1119 W. Jefferson Blvd. South Bend, IN 46601 Robin Rhodes/Jean Dibble 733 W. Washington South Bend, IN 46601 t b-3bG$ -ZGb~ -ZL o~ Marilyn Cross 1115 W. Jefferson Blvd. South Bend, IN 46601 Ie-'~o~o-2~2Lo Evon Harris 1620 S. Michigan St. South Bend, IN 46613 ($-~•d -2.L l o -~~9 M/M James Owens Hous. Dev. Corp. 521 Eclipse Place South Bend, IN 46628 td-~8.~13 1035 Land Trust POBox 6822 South Bend, IN 46660 18-to41-I~~ M/M Roger Ward 1023 47. Colfax South Bend, IN 46616 IS-log t-I~~s ct~aF ~cs(E~ ~D, coN `i . Ib-3o~- ZoO~o( ~~~~~~ ~!~ ~~~~ ~ ° ~~ ~, ~~0 / G~~ SOUTH BEND HERITAGE FOUNDATION 8O3 LINCOLNWAY WEST SOUTH BEND, IN 46616 PNONE(574)289-1066 Fnx(574)289-4550 February 3, 2006 Mr. John Voorde, City Clerk City of South Bend County City Building, 4th Floor 227 West Jefferson Boulevard South Bend, Indiana 46601 Dear John: VIA HAND DELIVERY Enclosed you will find three (3) separate rezoning petitions for properties within the West Washington Redevelopment Area being submitted by South Bend Heritage Foundation: 1201 W. Washington Street: rezoning petition from MU (Mixed Use) to SF 2 (Single Family 2). This property is owned by South Bend Heritage Foundation. 2. 1040/1102 W. Washington Street (Engman Natatorium and its adjacent parking lot): rezoning petition from SF 2 (Single Family 2) to O (Office). These properties are owned by the City of South Bend and South Bend Heritage Foundation is acting as the representative of the Board of Public Works/City of South Bend in this rezoning request. 3. 1045 W. Washington Street (Hansel Neighborhood Center): rezoning petition from MF (Multi Family) to O (Office). This property is owned by South Bend Heritage Foundation. Also enclosed you will find two separate checks: one (1) made payable to the City of South Bend in the amount of $300.00 and one (1) in the amount of $150.00 made payable to the Area Plan Commission to cover the submittal costs of these three (3) rezoning petitions. Should you require any additional information, please do not hesitate to call me at 289-1066X214 or email me at cbsobel(a),sbherita~e.or~. Thank you very much for your attention to these rezoning requests. Sincerely, Charlotte B. Sobel Director of Development and Special Projects Enclosures tE~`F, i= i». .~: v ~ _ - 3 X006 Ci?"Y ^! fah, `U. F'Et1D, IN. Ne~ghborWorks® CHARTERED MEMBER Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574-235-9571 www.stjosephcountyindiana.com Fax 574-235-9813 March 22, 2006 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 U;I~ Nay ~~-~~`'' RE: A proposed ordinance and site development plan of South Bend Heritage Foundation to zone from "MF1"Urban Corridor Multifamily to "O" Office, property located at 1045 West Washington Street, City of South Bend - APC# 2361-06 Dear Council Members: I hereby Certify that the above referenced ordinance of South Bend Heritage Foundation was legally advertised on Thursday, March 9, 2006 and that the Area Plan Commission at its public hearing on Tuesday, March 21, 2006 took the following action: Upon a motion by Gary Gilot, being seconded by Roland Kelly and unanimously carried, the proposed ordinance and site development plan of South Bend Heritage Foundation to zone from "MF1"Urban Corridor Multifamily to "O" Office, property located at 1045 West Washington Street, City of South Bend is 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. 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, ~-~cshn W. B orn~~ F~~~'~ 1n ~ ~.~~. y ~~rr. ~, ~s~~1Ce JWB:sr ~t1AR 2 2 Zoos Attachment JOh'Pd VQ,~r?DE CC: South Bend Heritage Foundation CrTYCLErti, gp, B`ti~p tN Charlotte Sobel, Director of Development and Special Projects Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2361-06 Owner: South Bend Heritage Foundation Location: 1045 West Washington Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "MF 1" Urban Corridor Multifamily to "O" Office to allow an office. Land Uses and Zoning: On site: On site is the vacant Hansel Neighborhood Center zoned "MF1"Multifamily. North: To the north are single-family houses zoned "SF2" Single Family. East: To the east is an apartment building zoned "MF1" and single-family houses zoned "SF2". South: To the south is the vacant Natatorium and single-family houses zoned "SF2". West: To the west is a vacant lot and single-family houses zoned "SF2". District uses and development standards: 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. Site plan description: 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 asix-foot masonry wall along _....... v, .... ,. -:::the north,-east;..and-west -property°lines. ~ ~_ .__ ._ -: .. -:~_ _- .: ,,..~ ~__.... , .: ~..~ . <-:- -..:~--_. Zoning and land use history & trends: Prior to August 13, 1991, this property vas 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. Traffic and transportation considerations: Washington Street is a two lane residential street at this location. No traffic counts are available at this location. Utilities: The site will be served by municipal water and sanitary sewer. Additional information: (Agency comments) 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. South Bend Heritage Foundation #2361-06 Page 1 of 1 5 Criteria (per IC 36-7-4-603): 1. 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. Land Use Plan: The Land Use Plan does not recommend the area for a specific land use. Plan Implementation/Other Plans: The West Washington-Chapin Development Plan (1991) recommends the area for low density residential land use. 2. Current conditions and character: The neighborhood is a mix of single and multi-family houses. The building is currently vacant. 3. Most desirable use: The most desirable use is office or multifamily use. 4. Conservation of property values: The surrounding property values should be conserved with the office reuse of the vacant building. 5. Responsible development and growth: It is responsible development and growth to rezone a vacant nonconforming building that is unlikely to develop under its current multifamily zone. Recommendation: -~~~-•- ~ Based on information-available-priorto the-public~hearing, the staff recommendstharthis petition ~~ - be sent to the Common Council with a favorable recommendation. Analysis: 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. South Bend Heritage Foundation #2361-06 Page 2 of 2 MU , i • COLFAX --- , --_-•, l ~T ~I C i ~ '.I .2 - _.._- -~ ! ~'' ~--- I t ~ ~ I I ' ~ i _ ~ ~ I t , -~ ~ ~ '~ ~~~ 4 I \~ ~ Y '..t t' ~ ~ Y t ~ T 3 ~ ~ ~' ' Y S~2 ! '~ ' ~ t ~ ~ ! in .~'i A ~ y\ ~ " `l ~ ; _ ~ ~ t ~ ~` ' ~ ~ ~ ~ '~ ' '~ AiIF~ [ r~- ~. WASHINGTON ~__ , ___ _ ~U S~2 i i f C _._- ~~.. i -_J South Bend Zoning SOUTH_BEND, MF1 SOUTH_BEND, MU SOUTH_BEND, SF2 N W E s 1 inch equals 100 feet APC # 2361-06