Loading...
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): L 'F J) P 14 2018 LAN CO 10 ation#�—J 1099b�rIW1'WaB VNOS IOOZ�I:ns'uYi Aerulwun 6z6 eueipul'F 'S � �F �T I—is ;L tl9 WV'600 dAIS3NjvN31--m F �� S318191NIW 3dOH I N ®a #U0Ije01lil d 01, 0 t4t11d V3Iuv � ® o 0lOZ V I d3S w x cn > o w T,_ Qo I cv i i.0 em I Z I ' m I I yt ? A j P 1 KW I I QQ 1 I < CZ I I p W I 1 H OO I N 6m e LDo � yy ggk e' o Sg � r � §��_ - w c I I Z Ii I I I 1 I / M/H.001133N1S NVE)IHOIW 13381S NVJIHOIW Filed in Clerk's Office SEP 19 2013 KAREENIAH FOWLER CITY CLERK,SOUTH BEI`M. IN! 1 l`n O z °� O -�— (f) o {0 1- O'D :c0 U. cl_ uj w Y N LU � J oo 00 00 p O ` }U 00 0) O LL I- 07 LO � -O U � � C 0 c E O °o ° o 0 C O V A f0 H C 7 O Q C O CL tOIJ N 0 E Q N .c � L 0 � W c aL+ Y w 7 m 0 V O O .i>, cn U U w_ v � O cn G m Z c 2 O� w O CL o 2 LAWRENCE P. MAGLIOZZI !\r:('(I riv, Dm'("r[)1) Angela M. Smith I)v)aul)I)Irra,na AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. IfFEIICSON BLVD., ROOM 1140 ('OIINTY.('I'I'Y BUILDING, SOUTH BEND, INDIANA 46fillt (574)235-9571 Wednesday,October 17,2018 The Honorable Council of the City of South Bend 4th Floor,County-City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Matthews 121 Tutt LLC to zone from LI Light Industrial District to MU Mixed Use District and seeking a special exception use to allow a group residence, property located at 121 E.Tutt Street,City of South Bend-APC#2879-18. Dear Council Members: I hereby Certify that the above referenced ordinance of Matthews 121 Tutt LLC was legally advertised on October 4,2018 and that the Area Plan Commission at its public hearing on October 16, 2018 took the following action: Upon a motion by John McNamara, being seconded by Elizabeth Maradik and unanimously carried,a proposed ordinance of Matthews 121 Tutt LLC to zone from LI Light Industrial District to MU Mixed Use District, property located at 121 E.Tutt Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.Rezoning the site to MU Mixed Use District would allow for the establishment of a group residence and the adaptive reuse of an abandoned property. Upon a motion by John Leszczynski,being seconded by Adam DeVon and unanimously carried, a Special Exception Use for a group residence,property located at 121 E.Tutt Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. 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, Lawrence P.Magliozzi Attachment CC: Matthews 121 Tutt LLC HOPE Ministries SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.S J C I N D I A N A.C O M(I 0 6 1 a,e a-p l a n Staff Report 10/5/2018 APC# 2879-18 Owner: Matthews 121 Tutt LLC Location: 121 E. Tutt Street Jurisdiction: City of South Bend Public Hearing Date: 10/16/2018 Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to MU Mixed Use District and seeking a Special Exception Use. Land Uses and Zoning: On site: On site is a warehouse and a parking lot. North: To the north are vacant parcels zoned LI Light Industrial District. East: To the east are vacant parcels zoned LI Light Industrial District. South: To the south, across Tutt Street, is a manufacturing business zoned LI Light Industrial District. West: To the west is a temple and businesses zoned MU Mixed Use District and GB General Business District. District Uses and Development Standards: 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. Site Plan Description: The site plan shows the existing structures and parking to remain,with the addition of the required landscaping. Zoning and Land Use History And Trends: The properties along Michigan Street to the west were rezoned with the adoption of the MU Mixed Use District in 2004. A parcel to the west was rezoned to GB General Business District in 1987. Traffic and Transportation Considerations: Tutt Street is two lanes. Utilities: The site is served by municipal water and sewer. Agency Comments: The Department of Community Investment and City Engineering offer a favorable recommendation. APC# 2879-18 Page 1 of 3 Staff Report 10/5/2018 Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Plan identifies this area for light industrial uses. Plan Implementation/Other Plans: The site is located in the areas of the South Gateway Commercial Corridor Action Plan (1998)and South Bend Central Development Area(1985)however,there is no specific reference to this site or proposed use. 2. Current Conditions and Character: Properties in the area are primarily industrial and Michigan Street,to the west,has developed into a mixed-use corridor. 3. Most Desirable Use: The most desirable use for the property would be the adaptive reuse of the existing structure. 4. Conservation of Property Values: Because this is an existing building in a mixed-use area, it should not affect surrounding property values. 5. Responsible Development And Growth: It is responsible development and growth to allow for the adaptive reuse of abandoned structures. This is a combined public hearing procedure,which includes a rezoning and a Special Exception Use. The Commission will forward the rezoning and Special Exception Use to the Council with or without a recommendation. The Petitioner is seeking a Special Use to allow: a Group Residence A Special Exception may only be granted upon making a written determination based upon the evidence presented at a public hearing,that: (1) The proposed use will not be injurious to the public health,safety, comfort, community moral standards,convenience or general welfare; The proposed use will not be injurious to the public health, safety,comfort, community moral standards, convenience or general welfare. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; APC# 2879-18 Page 2 of 3 Staff Report 10/5/2018 The proposed use as a group residence and an adaptive reuse of a currently vacant structure should not affect adjacent property values. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed use would be consistent with the mixed-use character of the surrounding properties. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is compatible with City Plan, South Bend Comprehensive Plan(2006) Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Staff Comments: The staff would note that the immediate area has a mix of buildings that could be adapted for a variaty of uses, as the market dictates. It is a transitional area, making it difficult to determine the ultimate, long term use of the property. Since the requested use has a temporary life span, it would not be inappropriate to reconsider at a future date the rezoning of the site to another zoning district Recommendation: Based on information available prior to the public hearing,the staff recommends sending this petition to the Common Council with a favorable recommendation. Analysis: Rezoning the site to MU Mixed Use District would allow for the establishment of a group residence and the adaptive reuse of and abandoned property. APC# 2879-18 Page 3 of 3 • -..F , \ ii. x,7irF .r+'s :. Rtr s , .'"V .. ; t. Ta •--,.„, °* E F EZONING `- V ^14 , , 4 i _ • ~ • 1 _ "E,% 3, '4,� _' • - r . V ,, tI .-c,1 II e _ '; -*I4 r( ,2q0''ii '41. ,'#E iiVia, , k. I* � °'e* :, 1. kt" ` - 'Z i , U ,°' fr 3. U'' _S 1. —rro,i7i A _.::;e:7.:: 7 ' . , • ,/,.. 100:s'' 's:,-.1 ;4L5$5111 ' ,..• ''t',$•• . ' .. ' 1 t . VII i , I T i'do. , OA,i,..,4.v . . • . : ,-,...,•: -...1,,,- .. 4 .IIS Rea'. 7^.; / .L 3 fit' TUTT tam _ _ _ ,,,, . , F „T _ ,... .; , YY P' r 1' t E. Y �^ tri_ , rrr. ? t r- -r r • c .- - Pell .I GE TOWNSHIP • 1 1 inch = 100_feet '` = t">>r‘i 4 IA --j _o , ,t. 4r. _ u ..' I i' ' W-�' E r -1111 '" tea, LI • , , L....,' LI . , ' / L f ; 4 b� •.' 4 GB N \ 4 Ih I MU / // l 111 A TUTT F' - 1 MU I __ t it 1! LI Rezoning from: SOUTH BEND LI LIGHT INDUSTRIAL DISTRICT TO CITY OF SOUTH BEND MU MIXED USE DISTRICT N MASTER ZONING KEY - -1- rv1/4. SOUTH BEND "MU" MIXED USE DISTRICT s SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT 1 inch = 100 feet SOUTH BEND "GB" GENERAL BUSINESS DISTRICT APC # 2879'18 SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT onos __---tans— © Buetpui 2 Z 1.219EEIREEEIERI11.1111 WAS.ate w u___�_ r w , R ����IZ�� SLSN� IVg _ | N | / F.,7; APIP' r- § k j 2 ( � , § )§ [£ \• ��j • ¥§/ , i ►�►i r 4 . s ` | 1.111.1 ` '| | f _- - !iv / 4,_ ; 4,,.. . . / ©►«_■. IP'V ►� ■ — # _ | | [ \ [ i i ` 1 i ` iiII y? § & | \ §§ § \ § I¢ i | l� " 2 ; � ƒ« 21 5p | '!' �`( � ! , 2 w | & i` �._ d E ( ` 1 - ! -l Aar.! n| I , . . ( 9| ( . . e | |1 1 » mr | _ 1 . ; : : : }= / ƒ ' _ _ /` tl i I § . / - -- __ _ nn - - ----------- __ . [ a v 'iof f lft �1I'iI11AECEIVED OCT 1v ?.O1i "-..1,i ; 4„ --,, AREA PLAN COMMISSION Southeast Organized Area Residents, Inc. 1412 South Carroll Street South Bend, Indiana 46613 October 14,2018 To the Area Plan Commission: I am writing on behalf of the Southeast Organized Area Residents,Inc. (SOAR) regarding the public hearing on item B under Zoning Appeals at tomorrow's meeting of the Area Plan Commission. It is to rezone 121 E.Tutt Street from Light Industrial District to Mixed Use District.We support this rezoning. The purpose of the rezoning is to provide space for the Weather Amnesty facility this winter. We believe such a facility is important to our community and should be established. We were concerned that such a facility might be established in an area along Michigan Street close to the corner of Broadway Street. We raised this concern and were asked to work with the city to help find a better place for weather amnesty. When this site was proposed,we were very pleased. We believe this site will meet the needs of the city and those serving the homeless community while also being a place where the homeless are close to various services they may need while also being outside the residential area where our families live. We ask the Commission to vote favorably to make this zoning change. Thank you. Sincerely, Conrad Damian, President Southeast Organized Area Residents, Inc Angela Smith From: oliver6thdist@aol.com Sent: Tuesday, October 16,2018 2:18 PM To: Angela Smith Subject: Fwd:Area Plan Commission Hearing Regarding Winter Amnesty Program Sent from AOL Mobile Mail Get the new AOL app:mail.mobile.aol.com On Tuesday, October 16,2018,Jean Crumlish<jcrumlish@mossbergco.com>wrote: Dear Ms. McBride, Mr.Scott and Mr. Davis, Mossberg has supported Hope Ministries for many years,and respect their mission to serve our community. This winter it is recommend that 206 Tutt Street be utilized for the 2018-2019 Winter Amnesty Project,facilitated by Hope Ministries. Using this property would require temporary rezoning from LI Light Industrial to MU Mixed Use. As an eastern neighbor to the property our concerns of safety,and permanent mixed use status have been minimized by your assurances yesterday to David Ziker and Rami Sadek. Based on the integrity of the Council,we understand and expect that this is a one-time event, and in April 2019 the property will return to LI Light Industrial Zoning status. Our commitment of support to this 2018-2019 Winter Amnesty Project is based on these promises. We believe Light Industry is the best use for the property, and welcome additional manufacturing along Tutt Street. Thank you for your consideration. C E fi V E DrfiE OCT 1UZ018 Jean Crumlish AREA PLAN COMMISSION Jean Crumlish I Director of Administration Mossberg &Company Inc. I Corporate Office 1301 East Sample Street. South Bend, IN 46601 Tel: 574 289-9253 Ext 356 Fax: 574 289 6622 800 428 3340 :_ _•.::, 1 LAWRENCE P. MAGLIOZZI LXLCIILIVE 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 (57+) 235-9571 October 17, 2018 Filed in Clerk's Office Honorable South Bend Common Council 4th Floor, County-City Building OCT 1 8 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN RE: Bill#53-18 Rezoning: APC#2879-18— 121 E. Tutt Street Dear Council Members: The Area Plan Commission held a public hearing on October 16,2018 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, October 22,2018. Ordinance& Petition Amendments: The where no changes to the ordinance. Public Hearing Summary: There was one person who spoke in favor of the petition. She said it was an agreeable location for the weather amnesty program,being of sufficient distance from residential uses.There were three people who spoke in opposition to the petition. Remonstrators spoke their concerns over safety in the area and if the use would draw more homeless individuals to the area. If you have any further questions, please feel free to contact me at(574)235-9571. 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.COM/A R E A P L A N