The URL can be used to link to this page

Home My WebLink About11-19 Rezoning- 121 E. Tutt Street (Weather Amnesty) LAWRENCE P. MAGLIOZZI 1:.ECII LIVE: DIRFCI('R Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFER>ON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 Filed in Clerk's Office April 3,2019 Honorable Common Council APR 0 3 2019 4th Floor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: 121 E. Tutt Street APC#2893-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your April 8th, 2019 Council meeting, and set it for public hearing at your May 27th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the May 21th, 2019 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. The petitioner provided the following narrative to describe the proposed project: This petition is to return this property to the original zoning prior to leasing for the weather amnesty center. If you have any questions,please feel free to contact our office. Si erely, Jo an 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 Filed in Clerk's Office BILL NO. 11-19 APR 0 3 2019 j ORDINANCE NO. KAREEMAH'FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE 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 MU to LI 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 '/ 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 LI Light Industrial District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments,if applicable. SECTION III. 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 ,2019,at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2019, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana • PETITION FOR ZONE MAP AMENLNT 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: 018-3023-0854s) 3) Legal Descriptions: Enter full legal description 4) Total Site Area: 2.44 5) Name and address of property owner(s)of the petition site: Matthews 121 Tutt LLC 401 E Colfax Ave Ste 277 South Bend, IN 46617 574-607-8008 info@MatthewsLLC.corn Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Filed in Clerk's Office Name Address City, State Zip Code APR 0 3 2019 Phone number with Area Code E-Mail Address KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: MU Mixed Use District Additional zoning district, if applicable To: LI Light Industrial District 8) This rezoning is requested to allow the following use(s): Return to original zoning prior to leasing for weather amnesty site as was explained in original applciation. 9) Provide a brief and descriptive narrative of the proposed project: N/A [:: 2319 IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): a93' (7 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 2) A statement on how eaclethe following standards for the granting cOriances 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: Insert text 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: Please explain how your Special Exception Use petition addesses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria (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: Please explain how your Special Exception Use petition addesses this criteria (d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Please explain how your Special Exception Use petition addesses this criteria * 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: Pamela C. Meyer City of South Bend South Bend, IN 46601 574-235-5845 pmeyer@southbendin.gov 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): • • W . z = Q g ,- DN d Hy O 'il.:k.'i. ---.. ' \ f +s o N� SI,DATA W y :, , PROPER,MEA LINat.,G BLDG I T,C,0 SF.,63 ACRES, y BUILDING AREA 1'650 GSF 2Q „ ._...� s3WA -LRT STREET SITE PLAN _ SITE PLAN v` 1 Filed in Clerk's Office APR U32019_] _- -- - - - KAREEMAH rOWLER -- CITY .��CLERK,BOUT±BEND,IN 11 n 23 20 19 I AF _ It 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 (574)235-9571 Wednesday,May 22, 2019 Filed in Clerk's Office The Honorable Council of the City of South Bend MAY 2 2 2019 4th Floor, County-City Building South Bend,IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: A proposed ordinance of Matthews 121 Tutt LLC to zone from MU Mixed Use District to LI Light Industrial District, property located at 121 E.Tutt Street, City of South Bend-APC#2893-19. Dear Council Members: I hereby Certify that the above referenced ordinance of Matthews 121 Tutt LLC was legally advertised on May 9, 2019 and that the Area Plan Commission at its public hearing on May 21, 2019 took the following action: Upon a motion by Adam Devon, being seconded by Robert Hawley and carried,a proposed ordinance of Matthews 121 Tutt LLC to zone from MU Mixed Use District to LI Light Industrial District, property located at 121 E.Tutt Street,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.Rezoning this site to LI Light Industrial District will allow for potential light industrial development in an existing industrial area and is consistent with the Future Land Use Plan. 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 Pamela C.Meyer SERVING ST. JOSEPH COUNTY , SOUTH BEND , LAKEVILLE, NEW CARLISLE , NORTH LIBERTY , OSCEOLA & ROSELAND WWW. S J C I N D I A N A.C O M/3 0 6/a r e a plan Staff Report 4/25/2019 APC # 2893-19 Owner: Matthews 121 Tutt LLC Location: 121 E. Tutt Street Jurisdiction: City of South Bend Public Hearing Date: 5/21/2019 Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LI Light Industrial District. 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 LI Light Industrial District is established to provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site Plan Description: The site plan shows the existing structures and parking lot to remain, with the additional of the proper landscaping. Future development will need to meet the development standards of the LI Light Industrial District. 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 # 2893-19 Page 1 of 2 1 Staff Report 4/25/2019 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 is on that is compatible with the light industrial uses in the area. 4. Conservation of Property Values: Because this is an existing building in a light industrial area, it should not affect surrounding property values. 5. Responsible Development And Growth: It is responsible development and growth to create opportunities for development of light industrial uses in existing industrial areas. Staff Comments: This rezoning is being requested to return the site that was rezoned in October 2018 for the Weather Amnesty Center to its originally zoning classification. 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 this site to LI Light Industrial District will allow for potential light industrial development in an existing industrial area and is consistent with the Future Land Use Plan. APC# 2893-19 Page 2 of 2 q 1k- REZONING z i #2893-19 :�y�: „ , ms k ap., b � � 3 ~^'SFr • '�/'• � _ 4" �. r 40.' '; -,� i; Pt -' 1 -�.i 7.; LI it' vi LI • ar.• ,1 441/44k, II'''' '''I-1,I'S-'I''.-A''' '..'IA ' .11 -;,,,,f4 . MU �"' 1 tirr LI c. . -; //// - -. �GB 1� ,•:.,.„ = � MU -— • LI ' ' / , 1 . h MU l r k ft LI UTT i'l -----.', -t-..:4S1111111111M-1— ''' - • 47 ---— , , — -- —,..-L- * , _ . MU Ii` r.-- . LI r1 , d I 4 T ' •;.,-.1 ""i'.- . '` CB- Rezoning from: SOUTH BEND MU MIXED USE DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT N MASTER ZONING KEY it,�N SOUTH BEND "MU" MIXED USE DISTRICT — .. SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT s SOUTH BEND "GB" GENERAL BUSINESS DISTRICT 1 inch = 100 feet SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT APC # 2893-1 9 • Z < < C0,4° . • A,40 • zI . „ k • MALMO 2111I1 10 GM !S) JATA ARCM,AASA,r.:‘,..04,13-1,• 6,AOAES• i5.L1 ARFA 4. 501 . . . . - - - - - _ SITE PLAN A, SITE PLAN (