HomeMy WebLinkAboutBill No. 21-22 Amending the Zoning Ordinance for 1102,1106,1110,1114,1118,1122, and 1130 McCartney ��O PLAN Cori County-City Building
City of South Bend 227 W.Jefferson Blvd. 1400S
o� Z South Bend, IN 46601
PLAN COMMISSION (574) 235-7627
www.southbendin.gov/zoning
FSTAB�ISHED 1p1u
May 17, 2022
Honorable Committee Chair Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: 1102, 1106, 1110, 1114, 1118, 1122, 1126 and 1130 McCartney St.
PC#0102-22
Dear Committee Chair Hamann:
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
May 23rd Council meeting and set it for public hearing at your May 27th Council meeting.The
petition is tentatively scheduled for public hearing at the June 21, 2022, South Bend Plan
Commission meeting. The recommendation of the South Bend Plan Commission will be
forwarded to the Office of the City Clerk by noon on the day following the public hearing.
The petitioner provided the following to describe the proposed project:
Request to rezone the properties from U1 Urban Neighborhood 1 to I Industrial to create a
unified zoning for the development of the adjacent lot to the south.
If you have any questions, please feel free to contact our office.
Sincerely,
Y
Rachel Boyles
Zoning Specialist
CC: Bob Palmer
Tim Corcoran Angela Smith Scott Ford
Planning Director Zoning Administrator Commission President
City of South Bend
PLAN COMMISSION
Petition for Rezoning or Combined Public Hearing
Property Information
Tax Key Number-see list in Legal Description Section
Address: 1102, 1106, 1110, 1114, 1118, 1122 1130 McCartney St, South Bend 46616
Owner: Expanded Metal Company of Indiana LLC
Legal Description:
Lots 49-54 North West Addition 2nd Plat
Tax Key Nos.: 018-2168-6175, 018-2168-6174, 018-2168-6173, 018-2168-6172, 018-2168-6171, 018-2168-6170
Project Summary
Request to change vacant lots from U 1-Residential to I-Industrial to match adjacent property
under same ownership.
Requested Action
Application includes (check all that apply)
❑✓ Rezoning
Current District: U1 Urban Neighborhood 1 Additional Districts, if applicable
Proposed District I Industrial Additional Districts, if applicablE
The Plan Commission and Council will consider the following in the review of a rezoning petition:
(1) The comprehensive Plan;
(2) Current conditions and the character of the current structures and uses in each district;
(3) The most desirable use for which the land in each district is adapted;
(4) The conservation of property values throughout the jurisdiction;and
(5) Responsible development and growth.
❑ Subdivision — complete and attach subdivision application
❑ Special Exception — complete and attach Criteria for Decision Making
Use requested:
❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
❑✓ Completed Application (including Contact Information)
❑✓ Site Plan drawn to scale
❑✓ Filing Fee
❑ Additional documents as noted above
I _
City of South Bend
PLAN COMMISSION
Petition for Rezoning or Combined Public Hearing
Property Information
Tax Key Number71-03-35-382-003.000-026 and 71-03-35-382-004.000-026
Address: 1126 McCartney St, South Bend 46616
Owner: Transformation Ministries Inc.
Legal Description:
Lots 55 & 56 North West Addition 2nd Plat
Project Summary
Request to change vacant lots from Residential to Industrial to match adjacent lots for use as
parking area for the property to the south.
Requested Action
Application includes (check all that apply)
0 Rezoning
Current District: U1 Urban Neighborhood 1 Additional Districts, if applicable
Proposed District I Industrial Additional Districts, if applicable
The Plan Commission and Council will consider the following in the review of a rezoning petition
(1) The comprehensive Plan,
(2) Current conditions and the character of the current structures and uses in each district,
(3) The most desirable use for which the land in each district is adapted,
(4) The conservation of property values throughout the jurisdiction; and
(5) Responsible development and growth.
❑ Subdivision — complete and attach subdivision application
❑ Special Exception — complete and attach Criteria for Decision Making
Use requested:
❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
❑✓ Completed Application (including Contact Information)
✓ Site Plan drawn to scale
0 Filing Fee
❑ Additional documents as noted above
Contact • •
Property owner(s) of the petition site:
Name: Expanded Metal Company of Indiana LLC
Address: 515 W. Ireland Road
South Bend, IN 46616
Name:
Address:
Name:
Address:.
Contact Person:
Name: Debra Hughes, P.E., Project Civil Engineer
Address: Surveying And Mapping LLC, 3220 Southview Drive
Elkhart, IN 46514
Phone Number: 574-266-1010
E-mail: debra.hughes@sam.biz
By signing this petition, the Petitioner/Property Owners of the above described Real
Estate acknowledge they are responsible for understanding and complying with the
South Bend Zoning Ordinance and any other ordinance governing the property.
Failure of staff to notify the petitioner of a requirement does not imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before the South Bend Plan Commission and Common Council and to answer any and
all questions related to this petition.
Property Owner (s) Signatures:
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SCALE: 1" = 100' Phone: 574-266-1010 OF 1
ENGINEER: DEBRA S. HUGHES P.E. Emoil: info®som.biz
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DRAWING:1022068741-DESIGN.DWG JOB NUMBER: 1022068741
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BILL NO. 21-22
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
1102, 1106, 1110, 1114, 1118, 1122, 1126 AND 1130 MCCARTNEY ST., COUNCILMANIC
DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request to rezone the properties from U 1 Urban Neighborhood 1 to I Industrial to create a unified
zoning for the development of the adjacent lot to the south.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning
Ordinance of the City of South Bend, Indiana, be and the same 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 49-56 of North West Addition 2nd Plat.
be and the same is herby established as I Industrial District
SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-
12.07(f)(7) Commitments, if applicable.
SECTION III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor, and legal publication, and full execution of any
conditions or Commitments placed upon the approval.
Sharon McBride, Council President
South Bend Common Council
Attest:
Dawn M. Jones, 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 , 2022, at o'clock
in.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2022, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
- 2 -
PLAN Cod County-City Building
City of South Bend 227 W.Jefferson Blvd. 1400S
° * Z South Bend,IN 46601
PLAN COMMISSION wsaut (574) 23
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JUN 2 2 2022
Wednesday,June 22,2022
DAWN M.JONES
South Bend Common Council CITY CLERK,SOUTH BEND, IN
227 W.Jefferson Blvd.,4'Floor
South Bend, IN 46601
Re: Bill#21-22 -A proposed ordinance of TRANSFORMATION MINISTRIES INC and EXPANDED
METAL COMPANY OF INDIANA LLC to zone from Ul Urban Neighborhood 1 and I Industrial to NC
Neighborhood Center,property located at PROPERTY BOUND BY MCCARTNEY ST.,KESSLER
BLVD., AND KING ST. EXCEPT 1416 AND 1428 KESSLER,City of South Bend-PC#0102-22
Dear Council Members:
I hereby Certify that the above referenced ordinance of TRANSFORMATION MINISTRIES INC and
EXPANDED METAL COMPANY OF INDIANA LLC was legally advertised on June 10, 2022 and
that the South Bend Plan Commission at its public hearing on June 21,2022 took the following action:
Upon a motion by Dr. Dave Varner,being seconded by Kyle Copelin and unanimously carried,a
proposed ordinance of TRANSFORMATION MINISTRIES INC and EXPANDED METAL
COMPANY OF INDIANA LLC to zone from U1 Urban Neighborhood 1 and I Industrial to NC
Neighborhood Center,property located at PROPERTY BOUND BY MCCARTNEY ST., KESSLER
BLVD., AND KING ST. EXCEPT 1416 AND 1428 KESSLER,City of South Bend,is sent to the
Common Council with a FAVORABLE recommendation, subject to providing a 15' setback on the
west side of Lot 47.
The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at
the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are
available in our office and will be posted on our website once approved.
Si erely, /
Ange a M. Smith
Zoning Administrator
Attachment
CC: TRANSFORMATION MINISTRIES INC
Tim Corcoran Angela Smith Scott Ford
Planning Director Zoning Administrator Commission President
Staff - • • 1 12022
Property Information
Location: PROPERTY BOUND BY MCCARTNEY ST., KESSLER BLVD., AND KING ST.
EXCEPT 1416 AND 1428 KESSLER
Owner: TRANSFORMATION MINISTRIES INC and EXPANDED METAL COMPANY OF
INDIANA LLC
Requested Action
Rezone from U1 Urban Neighborhood 1 and I Industrial to NC Neighborhood Center
Variance(s): 1)from the 60% minimum transparency to 0%
Project Summary
Request to rezone the properties from U1 Urban Neighborhood 1 and I Industrial to NC
Neighborhood Center to create a unified zoning for the development of the adjacent lot to the south.
Location Map
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Recommendation
Staff Recommendation: Based on the information available prior to the public hearing, the
staff recommends the Commission approve the variance as request. The staff recommends
the Commission forward the rezoning to the Common Council with a favorable
recommendation, subject to providing a 15' setback on the west side of Lot 47.
I
SOUTH BEND PLAN COMMISSION Page 1 of 5
Staff Report -PC#0102-22 6/21/2022
Proposed Site Plan
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SOUTH BEND PLAN COMMISSION Page 2 of 5
Staff Report -PC#0102-22 6/21/2022
Site & Context
Land Uses and Zoning:
On site: On site is a vacant industrial building and several vacant lots.
North: To the North across McCartney, are single-family homes zoned U1 Urban
Neighborhood 1
East: To the east is a large industrial property zoned I Industrial District
South: To the South, across King Street, is an industrial complex and single-family homes
zoned I Industrial and U1 Urban Neighborhood 1
West: To the west are single-family homes zoned U1 Urban Neighborhood 1
District Intent:
The NC District is established to promote higher intensity, urban neighborhood centers,
typically located near the intersection of major streets, in core and outlying areas of the City
that are well connected to surrounding neighborhoods.
Site Plan Description:
The proposed site plan includes the rehabilitation of the existing industrial buildings to a
community center. Some minor building additions will be completed with the project. A
parking lot and the associated drainage will be developed to the west of the existing building.
Zoning and Land Use History and Trends:
This area was developed as an industrial site that was served by the Coal Line Railroad.
Historically, the south side of McCartney Street was occupied by small residential dwellings.
These homes were acquired and demolished by the industrial users over the years in order
to have a buffer between the heavy industrial use and the core of the neighborhood.
Traffic and Transportation Considerations:
McCartney Street and King Street are 2 lane roads with on-street parking.
Agency Comments
Agency Comments:
There are no agency comments at this time.
Staff Comments:
The alleys on this block were recently vacated to facilitate the development. All zoning and
engineering standards will need to be brought into conformance.
Criteria for Decision Making
Rezoning
Per State Law, the Plan Commission and Common Council shall pay reasonable regard to:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan (2006) Policy ED 1.2 Encourage the reuse of
abandoned and underutilized land and structures.
Land Use Plan:
The future landuse plan shows this area as light industrial.
Plan Implementation/Other Plans:
There are no other plans for this area.
SOUTH BEND PLAN COMMISSION Page 3 of 5
Staff Report -PC#0102-22 6/21/2022
2. Current Conditions and Character:
The current character of the area is a mix of residential properties, vacant land and industrial
uses in close proximity to a commercial corridor along Portage Avenue.
3. Most Desirable Use:
The most desirable use is one that allows for the reuse of the building in a manner that is
compatible with the surrounding residential area.
4. Conservation of Property Values:
The proposed rezoning should not negatively impact the surrounding properties. Downzoning
the portion of the site that is currently zoned I Industrial should help protect the use and value
of the surrounding properties by limiting the intensity of the use.
5. Responsible Development and Growth:
It is responsible growth and development to redevelop the existing building for a use that can
serve the neighborhood and surrounding area.
Variance(s)
The petitioner is seeking the following variance(s):
1) from the 60% minimum transparency to 0%
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community.
The variance to reduce the amount of transparency in this location will not affect the health,
safety or general welfare of the community. The site is isolated at the end of a dead-end
street. The site is a former industrial building in which transparency wouldn't be required.
(2) The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner.
The change in transparency should not affect the use or value of the adjacent properties. The
property is at the end of a dead-end street with the property immediately across from this
building being zoned Industrial.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property.
Strict application of the Ordinance would limit the interior use of the building and require
windows that would overlook an industrial site.
(4) The variance granted is the minimum necessary.
This is an adaptive reuse of an industrial area. The portion of the building adjacent to the
street will be the gym. The west side of the building will have improvements that incorporate
more windows and activity.
(5) The variance granted does not correct a hardship caused by a former or current
owner of the property.
The dead-end street and location across from industrial are hardships not created by the
property owner.
Analysis & Recommendation
Commitments: There are no written commitments proposed for this property.
SOUTH BEND PLAN COMMISSION Page 4 of 5
Staff Report -PC#0102-22 6/21/2022
Analysis: Rezoning the property to NC Neighborhood Center will allow for the adaptive reuse of a
former industrial building. The property is uniquely situated at the end of a dead-end street
adjacent to a large industrial property. Developing the site as a community center will serve
as an asset to the neighborhood.
Recommendation: Based on the information available prior to the public hearing, the staff
recommends the Commission approve the variance as request. The staff recommends the
Commission forward the rezoning to the Common Council with a favorable recommendation,
subject to providing a 15' setback on the west side of Lot 47.
SOUTH BEND PLAN COMMISSION Page 5 of 5
Filed in Clerk's Office
JUN 2 2 2022
BILL NO. 21-22 (Substitute)
DA.,-AJN nor JONES
ORDINANCE NO. CITY CLERK,SOUTH BEND, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
1101, 1123, and 1133 KING St and 1102, 1106, 1110, 1114, 1118, 1122, 1126, 1130 AND
THE VACANT PARCEL ADJACENT TO 1102 MCCARTNEY STREET,
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request to rezone the properties from U 1 Urban Neighborhood 1 and I Industrial to NC
Neighborhood Center District to create a unified zoning for the development of a community
center in the existing building.
NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same 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 43 - 47 of the Northwest Proposed 2nd Subvision;
72-2/3 ft East Side and Adjacent Lot 39,Northwest Prop 2nd and Vacated Northwest 2nd
Lot 39 Except 7 ft. East Side Lots 40, 41, 42 Northwest Prop;
Lots 49—56 of the Northwest Addition 2"d Plat; and
Tract of Land in Pt of South 1/2 of Southwest 1/4, Sec. 35-37-2E, Being 58.9 ft by 142 ft.,
Beginning 307.3 ft. west and 328 ft. North of SE Corner of Southwest 1/4, Sec 35-37-2E
and the same is herby be established as NC Neighborhood Center District
SECTION II. This ordinance is and shall be subject to commitments as provided by
Chapter 21-12.07(f)(7) Commitments, if applicable.
SECTION III. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
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 , 2022, at
o'clock M.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2022, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana