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HomeMy WebLinkAbout9466-03 Rezoning - 432 S. Lafayette Blvd ORDINANCE No. Passed by the Common Corcncil of the City of Soutfi Bend, Indiana November 10, 20 03 Attest: e Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana November 11, 20 03 Ciry Clerk President of Common Cocrncil CNi~F~u~y Ciry Clerk Approved and signed by me November 14 20 03 Mayor LORETTA J. DUDA LORETTA J. DUDA ORDINANCE NO. 1 -1 bb " ~3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 432 S. LAFAYETTE BLVD. IN THE CITYOF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Ordinance No. 4990-68, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same is hereby 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: Lots numbered Fifty-two (52), Fifty-three (53) and Fifty-four (54) as shown on the recorded Plat of Samuel Martin's addition to the City of South Bend, together with the South Half of the vacated alley lying North and adjacent to the Lot Numbered 52. Be and the same is hereby established as "A-3" mixed use, "F" Height and Area. 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. a~z Member of the Comm n Council 1 st READING \ ~~ _ ~3 Pl1BL{C HEARWG 11-10-03 3 rd READING (~ _~o -oj NOT APPROVED REFERRED Ai '~~ `~'$"J3 Filed in Clerk's Office SEw 0 ~ 200 LORSTi'A J. DUDA CfTY CLfiRtf~ 80. B!~lJ9. t!!. PASSED t1 _ ~b_03 ~ 9 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 71-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 432 S. LAFAYETTE BLVD. 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. Karl King Chairman Revised 1 /92 Date Filed: Date Received by the Area Plan Commission: Application No. 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 at: 432 S. Lafayette Blvd., South Bend, IN 2) Name and address of property owner(s) of the petition site: Name: Rescue Inc., d/b/a Hope Rescue Mission Full Address and Phone Number: P.O. Box 4488 South Bend, IN 46634-4488 (574) 235-4150 3) Name and Address of Contingent Purchaser, if applicable: NOT APPLICABLE 4) It is desired and requested that this property be rezoned From "D" Light Industrial, "F" Height and Area to "A-3" Mixed Use, "F" Height and Area. 5) This rezoning is requested to allow the following use: The building will be a mixed use property which will include: • 5 rooms of emergency shelter housing • 34 apartments of transitional housing. • First floor chapel, cafeteria, child care. • Lower level classrooms and services. • Second floor office. .- 6) Attached is a copy of (a) the legal description of the property (b) 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 (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By singing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it maybe approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the original zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. Signature(s) of All Property owner(s) or Attorney for all property owners PETITION PREPARED BY: Anne Mannix, Consultant Neighborhood Development Associates, LLC 724 W. Washington South Bend, IN 46601 (574)288-4369 Fired rn crerEz~~ OffG~ SEP 0 ,~ 2003 LORItTTA J. DIJDA ClTYCLERtt~ S0. BEMD, (A!. d/b/a Hope Rescue Mission REZONING REQUEST Hope Rescue Mission PRELIMINARY SITE PLAN REQUIREMENTS Tabulated Data (List) 1. Gross acreage or square footage of site. 34,138 square feet 2. Proposed land uses. Family life center with a chapel, offices, classrooms, a cafeteria, 5 rooms of emergency shelter housing and 34 transitional housing apartments. 3. Parking ratios as required by ordinance, and number of spaces to be provided. 18 on-site. Provisions have been made by Hope Rescue Mission to provide additional off-site parking. See variance granted December 19, 2002. 4. Proposed number and type of units (residential only). 5 rooms of emergency shelter housing and 34 transitional housing apartments. 5. Proposed land coverage (°to of total lot area or square footage). 47% of the land is covered by the Hope Rescue building. a. buildings (include ground floor only): 16,005 square feet b. parking and drives 11, 437 square feet c. landscaped area 6,696 square feet 6. Floor area of buildings by use a. services/classrooms -15, 906 square feet (lower level) b. offices/future - 7,953 square feet (second floor) c. kitchen/chapellchildcare/storage -18,531 square feet (first floor) d. transitional housing - 4,950 square feet (third floor, north) 15,906 square feet (third floor, south) 4,950 square feet (fourth floor, north) e. emergency shelter housing - 4,950 square feet (second floor, north) Mapped Information (see attached site plant 1. Number, type (e.g, bank, office, restaurant) and location of buildings Family life center with transitional housing, located at the corner of Monroe Street and Lafayette Blvd., South Bend, IN 2. Building heights 46 feet, 5 inches 3. General location of open spaces, landscape planting area and buffer strips Along Lafayette Blvd. 4. General location of on-site parking northwest corner of site 5. Abutting streets Lafayette Blvd., Monroe Street and the alley 6. Proposed on-site drives and roads. N/A 7. Building and parking setbacks. N/A -This is an existing building that is built up to the lot line on three sides of the building. Fi~~d ~i~r~:'~ t~ffice ~~~ o ~ ~oa~ LOp&1TA~ ®NrD, ~&~. CIZY CL6Rlt, Hope Rescue Mission Rezoning Request List of Application Documents 1. Petition for Zoning Change 2. Proposed Ordinance 3. Preliminary Site Plan Information 4. List of Mapped Information 5. Site Plan 6. Zoning Variance Previously Granted for Parking w/Parking Lease 7. List of Property Owners and Tax Key Numbers within 300 feet of the Petition Property. 8. Envelopes Addressed to the Property Owners Filed In Cier~t'~ ~ffic~ SEA 0 ~ 2003 LOR3eTlA 3. WDA C~71f CL&FiK, ~. BEMD. f~9. C 0 N J m L¢¢¢L ...1 ~------------------------------------------------------~ ~II I ~ --r I ~ ~ ~~~~ ~ ~ o 0 0 ® ---------------~ ~I T°.. o o e r~ r=„ ~ I. a e9 I I I IG r•N 6.N NM A a 1 I 111 9 I © a ~ ~' --~ -- ~ -' -- --- I 1 fMBINOOIW GYR ~ I IG r•R Ir I I Q II lOt-IWSY WMFT4IM VY6t HEW1MY1 SP IOC.iW91 WIMF1161M410TIOYEIFWMM LAND USE DATA: I ~A ffi e BUILOINO 79,050 58.4% I I ~ PARgNO / DRNE 8.727 25.9 Ftj SIDEWALK 2,325 8.9 I ~ PUYGROUND 991 2.9 I m o o m o 0 0 0 UNOSCAPE 2,858 7.9 I I4yl O ~ u O nr r '. I TOTAL 33.751 SF I U~ I ~ _ _ :ee.l I W I I ~~ v ,~ ~ II ~ I 0 \~w I un ~ San n .a 11-.~.I~~.pn I I ~ ' tro-~ a - -¢^ ` ~ ~ ae t~aorleartml I I ~ ,/ o ,, A I I I I I I ~ "~ I ~ I I I ~: Ill 7rAw J I - -I n r o I O\ ~~ ~/ I I I ~ I °°I - - ~- - ~ I I i O A O ~ 1 I ~ I I I I ~ t1 ifM1p~61~ I 1I ~II ~ oO---~' -- ---- -----J I I I I I QI ~ IJI I I I I ~ I I _~ I I «~ ~ I O C7 ~ ~s.t' 1 I a ~ I - w III I I v I I L~_ _ _ _~ 1 ~ I~ '~~ MONROE ST. 82.5' I -D~-Tee.-- - _- --_ _ _ - Stork Storm - Feted in Clerk's ~ffiee ~~~ 0 ~ 200 LOSi&TTA J. DIJDA CITY CLfiRK, ~. 8fiH9, SAS. BOARD _OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Blvd. Sane 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 December 20, 2002 Rescue, Inc. d/b/a Hope Rescue Mission 432 S. Lafayette South Bend, Indiana 46601 RE: Petition for variances BZA 12/19/02 Dear Petitioners: This letter is to inform you that the Board of Zoning Appeals held a public hearing on your petition seeking a variance from the required 278 parking spaces to 81, 18 on site and a variance to allow 63 off site parking, on property located at 432 S. Lafayette Blvd. This property is zoned "D" Light Industrial and in the "P' Height and Area and in "D" Light Industrial and in the "a" Height and Area. The Board determined that you have met the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition was granted subject to the lease with the Parks Department being signed. This variance will become null and void unless a building permit is secured within six months and construction started within six months thereafter. If you have any questions regarding this matter, please feel free to contact this office. Sincerely, Carolyn A. Henry Secretary to the Board CC: The Troyer Group, Inc. ~i[ed in Cit~rit's ~ffic~ S ~P (~ ~ 2D0 1 LOR~TTA d, t'~i~J~~ ~- FANG LOT LE,4SE THIS LEASE WITNESSETI-I: THAT, SOLrTH BEND PARKS AND RECREATION DEPARTMENT, through its BOARD OF PARK COMMISSIONERS, Lessor, does hereby lease to RESCUE INC., Lessee, far use as a parking lot and for no other purpose the area located immediately northwest of the intersection of South Street and Lafayette Boulevard in South Bend, Indiana, shown on Lots ~9, 70, 71, and 72 in the attached Exhibit "A", which exhibit is made a part hereof. The Lessee shall have and hold the demised premises for a tarn of One (1) year, commencing on the ly` day of January, 2003 and ending on the 31S` day of Deceanber, 2003. 2. Lessee agrees to pay Lessor at its principal offices at: 321 East ~Talter Street, South Beztd, Indiana, 4ti614, or at such place or places as Lessor from time to time shall designated in writing. Rent shall be in the amount of $204.04 per month, payable on the I"day of each month for that month. 3. Saari Lessee shall not assign said lease or sublet all or any portion of said premises without the prior written consent of the Lessor in each instance. In the event of any such transfer or assignment of said lease or subletting of all ar any part of said premises, said Lessee shall not be entitled to be relieved from the obligation of this lease. 4. The parking provided under this Lease shall be available only to the staff and residents of Lessee's facility at 432 South Lafayette Strcct, South Bend, Indiana, and only from the hours of 7:00 a.m. unti15:30 p.m. each day. Further, use of the premises by Lessee is prohibited during the following periods: A. On all days in which South Henri Silverhawks play day games, provided two (2) weeks written notice is given to Lessee; H. June 29`~ through and including July 4~' of each year; C. For the weekend designated "Summer itt the City" from 3:00 p.m. on Friday through 7:00 a.m. the following Monday, providing Lessee receives at least one month prior written notice; and D. Such other dates, not to exceed seven (7) in any calendar year, for which Lessor determines that events planned far Covcleski Stadium require the use of the facility, providing that Lessee receives at ]east two (2) weeks written notice. 5. The Lessee will at its own expense keep and maintain the premises free and clear of all snow and ice. Lessor shall be responsible for clearing the grounds of debris following Silverhaw•k Games and other events at Coveleski Stadium. The Lessee shall not make any structural alterations or additions to th.e premises without the written consent of Lessor first obtained. Lessor shall provide signage indicating that parking is reserved for staff and residents of 432 South Lafa}~ette Street, South Bend, Indiana. Lessor and lressee shall cooperate to take reasonable steps to keep the premises free :from uninvited porkers. 6. Lessee will comply with a111awful requirements of local and state Boards of ldealth, police and fire departmen*s and any goveznrnental authorities, respecting the manner in which it uses the demised premises. 7. If Lessee shall abandon or vacate said premises and znakc any default in the payment ofrent; Lessor, at its sole option, may terminate the lease and relet the premises upon such terms and conditions as Lessor may see fit or Lessor may reserve the amount ofrent due to the expiration of the term. In the event said Lessor shall relet said premises axed a sufficient sum shall not be realized after paying the expense of said relettiztg and collecting thereof tq satisfy the rent hereby reserved, the Lessee agrees to satisfy and pay all deficien.cics and/or expenses, including reasonable attorney's fees, incurred by said Lessor in reletting and collecting any such rent. S. Lessee shall examine the premises before taking possession hereunder, and such taking of possession shall be conclusive evidence as against Lessee that at the time thereof the premises were in goad order and satisfactory condition. Lessee agrees that there is rao promise, representation, or undertaking by or binding upon Lessor with respect to any alteration, remodeling or decorating of, or installation of equipment or fixtures in tt~e premises. 9. Each party agrees to indemnify and save harmless the other patty against and from any and all claims by or on behalf of any person, firm or corporation arising from any breach or default in the performance of any covenant yr agreement on its past to be performed under this Iease. 10. Signed, written notices on behaif of the party giving the notice shall be deemed sufficiently served if such notice is to the other party and se~~t by registered or certified mail, return receipt requested, postage pre-paid, to the last post office address of that party furnished to the other party for such purpose. If no change of address has been given, the notices shall be sent as follows: Notices: Lessor: Park Superintendent 321 East Walter Street South Bend, IN 46614 Lessee: Rescue, Irxc. 432 South Lafayette Street South Bend, IN 46601 1 1. All of the covenants, conditions and obligations herein contained shall bE binding upon and inure to the benefit of the respective successors, heirs, and assigns of the parties hereto to the sanac extent as if each such successor, heir, or assign were in each case named as a party to this lease. This lease may not be changed, modified or discharged be • d ~ ~alol except in writing sighed by both Lessor or Lessee. 12. While the initial lease terrz~ shall be for a period of twelve (12) months, if Lessee pays rentals applicable to the terms of the lease in aecardance with the terms and conditions herein, Lessee shall have the option to renew for one calendar year each for every years through 2022, by giving notice in writing by December 2°d preceding the start of each aew lease term. 13. If Lessee exercises these options to renew, the monthly rent for subsequent years shall be as follows: Rear nt 2004 - 2005 $200.00 2006 - 2008 5220.00 2009.2011 $240.00 2alz - zol~ ~z~o.o0 2015 - 2018 $280.00 2019 - 2021 s3oo.o0 2022 $320.00 1N WITNESS WHEREOF, the parties have hereunto signed this lease the,.,~fi~ay of January, 2003 Lessee: Rescue line. i By resident Attest: F;tiDATA`SKAftE~I.egal~Wpdxla'.TBadnar',MISG1p¢rking Icasc.wpd Lessor: City of South Bend Hoard of Park Commissioners C t e 1 `~,71~ 111 !Garrett ivtullins ~ ~ ~~ B Goodrich Attest: i"Ited jn Ci~rk'~ Qfifiic~ ~ , --~ ~~. _..._ ~_._. r~. a~..,,:, bQ ' d c696 S4"~ bl S 9~ T -inn SNfI . Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 October 22, 2003 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Rescue Inc., d/b/a Hope Rescue Mission to zone from "D" Light Industrial, "F" Height and Area to "A-3" Mixed Use, "F" Height and Area, property located at 432 S. Lafayette Blvd., City of South Bend - APC# 2228-03 Dear Council Members: The above referenced ordinance of Rescue Inc., d/bla Hope Rescue Mission was legally advertised on Thursday, October 9, 2003. The Area Plan Commission at its public hearing on Tuesday, October 21, 2003, took the following action: Upon a motion by Gerry Phipps, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Rescue Inc., d/b/a Hope Rescue Mission to zone from "D" Light Industrial, "F" Height and Area to "A-3" Mixed Use, "F" Height and Area, property located at 432 S. Lafayette Blvd., City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed uses are allowed under the current zoning, but the petitioner needs the rezoning to secure funding. 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. Sincerel , Gl/ G~~ obert W. Sante RWS:sr Attachment CC: Rescue Inc., d/b/a Hope Rescue Mission Anne Mannix, Consultant Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT Rescue Inc., d/b/a Hope Rescue Mission 2228-03 Location: 432 S. Lafayette Blvd. City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "D" Light Industrial, "f' Height and Area to "A-3" Mixed Use, "f' Height and Area to allow emergency and transitional housing, a chapel, cafeteria, childcare, classrooms and an office. At the December 12, 2002 Board of Zoning Appeals meeting, the board granted a variance for a reduction from the required 278 parking spaces to 81, with 18 spaces on-site and 63 off-site parking spaces. EXISTING LAND USE: The property contains a commercial building. SURROUNDING LAND USE AND ZONING: Located to the north is an office and car sales lot zoned "D" Light industrial, "f' Height and Area. To the south is a museum and stadium zoned "D" Light Industrial, "a" Height and Area. To the east are commercial uses, a bank, and a church zoned "D" Light Industrial, "f' Height and Area. To the west is a car sales lot, a business, and church zoned "D" Light Industrial, "f' Height and Area. ACCESS: Access to the site is from Lafayette Street. WATER SOURCE/ SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: ~ The total site to be rezoned is 34,138 square feet. Of that, the buildings will occupy 16,005 square feet, or 46.9 percent of the site. Parking and drives will occupy 11,437 square feet, or 33.5 percent of the site. Open space will occupy 6,696 square feet, or 19.6 percent of the site. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, or flood hazard areas are present. The Gate's Chevy World confirmed contamination site is located near the petition area. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: a drainage plan is required at the final site plan stage. STAFF RECOMMENDATIONS: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to a final site plan. The proposed uses are allowed under the current zoning, but the petitioner needs the rezoning to secure funding. ~ o 0 [~ WESTERN AVE. ~ ~' ~s ~ o00 ~` v~i CHURCH N ~~~ ~T Q W -~- ~ OFFICE Z (~ LES a ~ Q J r w MRItM0 601 MoNROE sT. PETITION AREA o 0 BUSINESS ~ D ATHLETIC FIELD D~ ~ O "'°°"° `~ M U S SOUTH ST. ~~~ ~o~ REZONING FROM: "D" LIGHT INDUSTRIAL "f" HEIGHT 8~ AREA TO: "A-3" MIXED USE, "f" HEIGHT Sc AREA SOUTH BEND EXISTING ZONING n "C" COMMERCIAL O ~ V "D" LIGHT INDUSTRIAL O APC# 2228-03 o too 20o aoo ~~ ~- .~ PETITION AREA ® Graphic Scale 4IOV-10-03 MON 02 00 Phl THE NOLLADAY CORPORATION FAX N0, 2192843790 I~OLLA.DA~ PROPERTIES Building Solutions Since 1952 227 South Main Srruet • Sui:e 3t>n • P.O. Box 1331 • South Bend, lndinns 46ri24 • (574) 234-2073 • FAX (57h) 284-3790 November 1(t, 2UU3 V1A rAf:SIMILIr City Council of South ilcrtd RI's; Itopc Rescue Mission Expansion South Bend, IN I)car Councilntcn and CouncilWOrnc;n: P. 02 Since Mikc Morris was duotcd in the newspaper in opposition to the expansion of the Hope Rescue Mission into the forrrttrr REIS furniture Store, the reaction has been predictably. Mr, Morris is "opposed" to poor people, hontcletis. SRU's e[c.. I3ut, Mr. Morris has a point. Very few companies/private investors have Ueen willing to invest in our downtown cc'~mmunity south of Western Avenue, in spite of tremendous gove{7t{ncnt facilities, infcastntcture and nut-for-prof it activity. 'l-hc addition of the addc(1 Hope Rescue Mission space will further prevent investors-nr discourage investors-to shy away from investing in the south end of downtown. Uur !''irm owns and manages seven (lowntown office buildings. Qur southern most properly in downtown - nne Michiana Sduarc - is clearly effected by what htas happened south of it, It suffers today from hibh occup;incy atui decliuinc rents. Five years ago, we added security services at the building, out of necessity. South Of Western Avenue, Sottth bend has six or seven facilities that house homeless individuals and families or sibnificant jail populations. This colony of activity has -and is -effecting the city's ability to attract private investment in this area. Iiy speaking out, Mr. Morris dial the worst possible damage to the: vnlur of his own building. IJnfortunately, he feels trapped and felt this was a last resort to being heard. I liri(7W ll1C CLt{'{'l.lti rClUnlno is well along in die process, but I would encourage you tote-think this particular issue, hut., more importantly, consider how to make this arcs "investment friendly" before allowing further cxpansi {s/ad~litirnts of [his type of activity into the southern downtown neighborhood. ,'~ a rrI , \~ Jo 'n'I'. ~I'hair, Presidc;nt IIo lad:ry I'arhtrrs Mi(lwest, Inc. ~~ JTI':mj Cc; }~ilc Filed In Cler~;'s ®ffice Pa Q C ~ ~ LUO~ LOt1~TAJ. bW:- CRYC~HRK, tti. E3Sldt1~ Itt. Washin~;tnn I)C • South Itcnr) • Nashville • indianarn115 • Chicagolt'ortarc tvw w, holladaypropc!rt i cs.co m tJOU-1D-203 13~~38 95% P. D2