HomeMy WebLinkAbout53-18 Special Exception Property Located at 121 East Tutt LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (5 7 4) 235-9571
September 18, 2018
Honorable Common Council
4th Floor, County-City Building Filed in Clerk's Office
South Bend, IN 46601
SEP 19 2018
RE: 121 E. Tutt Street
ICA
APC# 2879-18 REEMAFI FOWLER
CITY CLERK,SOUTH BEND ICI
Dear Council Members:
Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the
attached Ordinance on the Council agenda for first reading at your September 24th, 2018
Council meeting, and set it for public hearing at your October 22"d,2018 Council meeting. The
petition is tentatively scheduled for public hearing at the October 16th, 2018 Area Plan
Commission meeting. The recommendation of the Area Plan Commission will be forwarded to
your office by noon on the day following the public hearing.
If you have any questions,please feel free to contact our office.
Si erely,
Jo dan Wyatt
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N
Filed in Clerk's office
BILL NO. 53-18 SEP 19 2018 b
ORDINANCE NO. KAREENIAH r&i`fL-ER
CITE'CLERK,SOUTH SEP��
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A
SPECIAL EXCEPTION USE FOR PROPERTY LOCATED AT 121 EAST TUTT
STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from LI to MU for a group residence.
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:
A parcel of land in the East %2 of the Southwest '/a of Section 12, Township 37 North, Range 2
East and more particularly described as follows:
Beginning at the intersection of the East right of way line of the first North/South alley West of
Michigan Street and the North right of way line of Tutt Street; thence West along said right of
way line of Tutt Street to the Southwest corner of Lot 1, in the Replat of Indiana Lumber&
Manufacturing Company's Tutt Street Subdivision; thence North along said West line of Lot 1
to the Northwest corner of Lot 1; thence East along the North line of Lot 1 of said Tutt Street
Subdivision to the Northwest corner of Lot 2: thence South along the West line of said Lot 2 to
the North right of way line of Tutt Street; thence East along said North line to the Southeast
corner of Lot 3 of said subdivision; thence North along the East line of Lot 3 to the Northeast
corner of Lot 3; thence East along the North lot line of Lot 4, 5 and 6 of said subdivision to the
Northeast corner of Lot 6; thence South along said East line of Lot 6 to the North right of way
line of Tutt Street; thence East along said North right of way line to the Southeast corner of Lot
7 of said subdivision; thence north along said East line of Lot 7 and the East line extended North
to the South right of way line of the Norfolk& Southern(Penn Central)railroad right of way;
thence Northeast along said South right of way line 80 feet, more or less, to a point; thence
South parallel with the East line of said Lot 7 and Lot 7 extended, a distance of 215 feet,more or
less,to the Southeast corner of a parcel with tax key number 018-3022-0849.01; thence West
along the South property line of said parcel 220 feet,more or less to the East right of way line of
said first North/South alley West of Michigan Street; thence South along the East right of way
line to the North right of way line of Tutt Street and the place of beginning.
be and the same is hereby established as MU Mixed Use District.
SECTION II. That a Special Exception Use for a Group Residence in a MU Mixed Use District is
hereby granted subject to a site development plan hereby attached and made a part of this
Ordinance and which site plan contains and lists all conditions, if any, of approval.
SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION IV. 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, and full execution of any
conditions or Commitments placed upon the approval.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City
of South Bend,Indiana on the day of ,2018,at o'clock
m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2018, at o'clock
.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
PETITION FOR ZONE MAP AMENDMENT
City of South Bend, Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
121 E. Tutt Street
South Bend, Indiana 46601
2) The property Tax Key Number(s) is/are: 018-3022-0849; 018-3023-0853; 018-3023-0854
3) Legal Descriptions: Enterfull legal description
4) Total Site Area: 2.44 Filed in Clerk's Office
5) Name and address of property owner(s)of the petition site:
Matthews 121 Tutt LLC II SEP 19 2010
PO Box 338 L__________ __ J
Notre Dame, Indiana 46556 KAREEMAH FOWLER
CITY CLERK, SOJJTH BEND, IN
574-607-8008
info@matthewsllc.com
Name and address of additional property owners, if applicable:
6) Name and address of contingent purchaser(s), if applicable:
Name [AHEA IL]D-
City,Address
State Zip Code 1�t Phone number with Area Code E-Mail Address AN C
on#-
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
From: LI Light Industrial District Additional zoning district, if applicable
To: MU Mixed Use District
8) This rezoning is requested to allow the following use(s): A group residence weather amnesty site for programs
and services to serve the City's homeless population during the coldest time of the year.
IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section):
1) List each variance being requested. Contact Commission Staff if you need assistance with wording.
2) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health,safety,morals and general welfare of the
community: Please explain how your variance petition addesses this criteria
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: Please explain how your variance petition addesses this criteria
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: Please explain how your variance petition addesses this criteria
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section):
1) The Special Exception Use(s)being requested: To allow a Group Residence
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare: The intent of the temporary use is to address public health, safety and
geeeral welfare by providing a safe and warm environment for the most vulnerable members of our
community's population. The offering of shelter encourages less non-sheltered activity.
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: The temporary use provides a controlled shelter environment as an alternative to the homeless
being on the streets near or at adjacent property.
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and: This location is across the street from other homeless service locations and
away from the main traffic corridors.
(d) The proposed use is compatible with the recommendations of the Comprehensive Plan.Policy H1.5
Support existing transitional houisng providers and shelters that offer a continuum of care to move
people towards self-sufficient.
* In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
David Vanderveen, Executive Director
HOPE Ministries
432 S. Lafayette Street
South Bend Indiana 46601574-235-4150
DVanderveen@hopesb.org
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)of all property owner(s), or signature of Attorney for all property owner(s):
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KAREENIAH FOWLER
CITY CLERK,SOUTH BEI`M. IN! 1
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