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HomeMy WebLinkAbout03-25 Amending the Zoning Ordinance for Property Located at 4022 Old Cleveland Road �� PlANCO, County-City Building %= City of South Bend 227 W.Jefferson Blvd. 1400S ° Z South Bend,IN 46601 PLAN COMMISSION (574)235-7627 www.southbend in.gov/zoning Fsr'gusHED 1p1� Filed in Clerk's Office January 22,2025 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN South Bend, IN 46601 Re: Bill#03-25-A proposed ordinance of CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT to zone from I Industrial to S2 Suburban Neighborhood 2, and seeking a Use Variance to allow a Group Residence,property located at 4022 CLEVELAND RD,City of South Bend- PC#0240-25 Dear Council Members: I hereby Certify that the above referenced ordinance of CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT was legally advertised on December 27,2024,and that the South Bend Plan Commission at its public hearing on January 21,2025,took the following action: Upon a motion by Caitlin Stevens,being seconded by Tyler Gillean and unanimously carried,a proposed ordinance of CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT to zone from I Industrial to S2 Suburban Neighborhood 2,property located at 4022 CLEVELAND RD,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. Upon a motion by Caitlin Stevens,being seconded by Francisco Fotia and unanimously carried,a Use Variance for a Group Residence,property located at 4022 CLEVELAND RD,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. 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. Sincerely, Kari Myers Zoning Specialist Attachment CC: CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Bob Palmer Tim Corcoran Tim Corcoran Jason Piontek Planning Director Interim Zoning Administrator Commission President Staff Report - PC#0240-25 January 21, 2025 Property Information Location: 4022 CLEVELAND RD Owner: CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Requested Action Rezone from I Industrial to S2 Suburban Neighborhood 2 Variance(s): 1) Use variance to allow a Group Residence 2) Development variance from a required building type to no building type Project Summary Proposed Low-Barrier Intake Center. Location Map o •p.-. "' OLD CLEVELAND • . .! Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission approve the development variance and send the rezoning petition and use variance to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report -PC#0240-25 1/21/2025 Proposed Site Plan r. ,rrilfrr . ... _ . 0 E joiorli, _ _tilt I - __ :m r - i • 1ea:. I - afro.* 71 C1 SOUTH BEND PLAN COMMISSION Page 2 of 5 Staff Report-PC#0240-25 1/21/2025 Site & Context Land Uses and Zoning: On site: A single family house on a 15 acre lot, zoned I Industrial North: Across Old Cleveland Road, a vacant lot zoned I Industrial East: A towing service warehouse zoned I Industrial South: A shipping service center zoned I Industrial West: A vacant lot zoned I Industrial District Intent: The S2 District is established to provide for, maintain, and enhance suburban neighborhoods or primarily apartment complexes or houses grouped together outside of the City's core. Site Plan Description: A low barrier intake center will be constructed at the site, offering residential spaces and other services for guests. The development will be arranged in a series of buildings. Zoning and Land Use History and Trends: A house was constructed on the site in 1950. The site is otherwise open land. Traffic and Transportation Considerations: Old Cleveland Road is a 20' wide two lane street. Criteria for Decision Making E L .wF 'a0 { nl n i xE ti ix- ` k erg 6G rsl �� � �L-S 4u1Stf q ' 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, South Bend Comprehensive Plan (2006), Objective H1.5: Support existing transitional housing providers and shelters that offer a continuum of care to move people toward self-sufficiency. Land Use Plan: The Future Land Use Plan identifies this area as Light Industrial. Plan Implementation/Other Plans: There are no other plans specific to this area. 2. Current Conditions and Character: A single family house was built in 1950 on 14.93 acres of land. 3. Most Desirable Use: The most desirable use is a place for housing, including transitional housing, that serves the needs of the City's residents. 4. Conservation of Property Values: With proper site planning, the proposed use of the property as a group residence should not have a negative impact on property values throughout the area. 5. Responsible Development and Growth: It is responsible development and growth to allow for the site to be developed consistently with the built form of the surrounding area. SOUTH BEND PLAN COMMISSION Page 3 of 5 Staff Report-PC#0240-25 1/21/2025 Variance(s) 4zilv The petitioner is seeking the following use variance(s): 1) To allow a Group Residence 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 proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed use should not be injurious to the general welfare of the community. The Group Residence should have a lower density and impact than other uses, such as a stacked flats building type, which are allowed by right in the S2 Suburban Neighborhood 2 zoning district. The Group Residence use will accommodate the programming necessary for the proposed project. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The use and value of adjacent properties should not be adversely impacted by the proposed use as a Group Residence. The S2 Suburban Neighborhood 2 zoning district allows for other uses such as a stacked flat building type that operate at a higher density and intensity. The large size of the site should be able to accommodate a Group Residence without adversely impacting adjacent properties and will allow for implementation of the proposed programming. (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 will be compatible with the mix of uses, some of higher impact, in the surrounding area, which features residential uses, light industrial uses, and large scale facilities such as the South Bend Organic Resources facility and the South Bend Community Re-Entry Center. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is consistent with City Plan (2006), Objective H1.5: Support existing transitional housing providers and shelters that offer a continuum of care to move people toward self-sufficiency. The petitioner is seeking the following development variance(s): 1) From a required building type to no building type 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 approval of the variance should not be injurious to the general welfare of the community. The development will meet all other zoning standards, but the services and programming of the development drives the design of buildings. The programming does not fit well within the building types defined in the zoning ordinance. (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. SOUTH BEND PLAN COMMISSION Page 4 of 5 Staff Report -PC#0240-25 1/21/2025 The use and value of the adjacent properties should not be adversely affected. The development will meet all other zoning standards, but the programming of the development drives the design of buildings which do not fit well within the defined building types in the ordinance. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. A strict application of the ordinance would result in practical difficulties in the use of the property. The programming of the site will result in buildings which do not fit well within the defined building types in the zoning ordinance, though the development meets the intent of the ordinance for an S2 Suburban Neighborhood 2 zoned parcel. (4) The variance granted is the minimum necessary. The variance is the minimum necessary. While no building type will be required, the development will meet all other zoning standards. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The variance is driven by the programming of the site. The building types defined in the zoning ordinance do not speak well to a project of this nature, which meets the intent of the ordinance for an S2 Suburban Neighborhood 2 zoned parcel. Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Zoning this property to S2 Suburban Neighborhood 2 will allow for a use that is compatible with the built form and use of surrounding properties. The programming of the site will result in buildings which do not fit well within the defined building types in the zoning ordinance, though the development meets the intent of the ordinance for an S2 Suburban Neighborhood 2 zoned parcel. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission approve the development variance and send the rezoning petition and use variance to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 5 of 5 ONO PLAN cod County-City Building 4,,f` C ity of South Bend 227 W.Jefferson Blvd. 14005 o z PLAN COMMISSION South Bend,IN 46601 (574) 235-7627 www.southbendin.gov/zoning �Slg8L5rItD U2u December 20, 2024 Honorable Committee Chair Davis Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 RE: 4022 Old Cleveland Road— PC#0240-25 Bianca Tirado City Clerk, South Bend, IN Rezoning and Use Variance Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment and Use Variance at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your January 13, 2025, Council meeting, and set it for public hearing at your January 27, 2025,Council meeting. The petition is tentatively scheduled for public hearing at the January 21, 2025, 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: Rezone the property from I Industrial District to S2 Suburban Neighborhood District and a Use Variance for a Group Residence If you have any questions, please feel free to contact our office. Sincerely, 1-(a.A.AL, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President Filed in Clerk's Office BILL NO. 03-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A USE VARIANCE FOR PROPERTY LOCATED AT 4022 OLD CLEVELAND ROAD, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from I Industrial District to S2 Suburban Neighborhood 2 District Petitioners desire to rezone the property from I Industrial District to S2 Suburban Neighborhood 2 District and seek a Use Variance for a Group Residence Use. 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: Part of the East Half of the Northwest Quarter of Section 28, Township 38 North, Range 2 East, described as follows: Beginning at a point 10 rods West of the Northeast corner of the Northwest Quarter of said Section 28; running thence West along the North line of the Northwest Quarter of said Section 28, a distance of 30 rods; thence South 106 2/3 rods; thence East 30 rods; thence North 106 2/3 rods to the place of beginning. EXCEPTING THEREFROM: A parcel of land being a part of the East Half of the Northwest Quarter of Section 28, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: Commencing at the Northeast corner of the Northwest Quarter of said Section 28; thence South 89°53'05"West along the North line of said Section 28, a distance of 165.00 feet; thence South 00°02'57"West, 1335.29 feet to the point of beginning for this description; thence continuing South 00°02'57"West,445.00 feet to the North line of Airport Industrial Park, Phase III; thence South 89°44'25" West along said North line of Airport Industrial Park, Phase III, 495.97 feet; thence North 00°04'49"East, 445.00 feet; thence North 89°44'25"East,parallel with said North line of Airport Industrial Park, Phase III, 495.73 feet to the place of beginning. Commonly known as 4022 Old Cleveland Rd. 025-1010-0380 be and the same is herby established as S2 Suburban Neighborhood 2 SECTION II. That a Use Variance for a Group Residence is herby 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, by the Advisory Plan Commission. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. 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 adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION V. 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. Council President South Bend Common Council Attest: Bianca Tirado, 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 , 2025, at o'clock . m. - 2 - Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana • - 3 - City of South Bend 227 W. Jefferson - Suite 1400S y South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number025-1010-0380 /71-03-28-100-004.000-009 Address:4022 Old Cleveland Owner: CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Legal Description: Filed in Clerk's Office 14.93 Ac S Side Cleveland Rd Beg 165'W Of Ne Cor Nw Sec 28-38-2e Bianca Tirado City Clerk, South Bend, IN Project Summary The intended use of the property is as a location for the Low-Barrier Intake Center that was originally proposed at a property located on N. Bendix Drive. This new proposed location is larger in acreage and better-located for the prospective use. Requested Action Application includes (check all that apply) 0 Rezoning Current District: I Industrial Additional Districts, if applicablE Proposed District S2 Suburban Neighborhood 2 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: 1. Use variance for Group Residence 2. Variance from a required building type to no building type. Required Documents ECompleted Application (including Contact Information) Site Plan drawn to scale ✓ Filing Fee ✓ Additional documents as noted above Contact information Property owner(s) of the petition site: Name: CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Address 227 W. Jefferson Blvd South Bend IN 46601 Name. Address Name: Address. Contact Person: Name: Joseph Molnar Address: 227 W. Jefferson Blvd. South Bend IN Phone Number: 574 245 6022 jrmolnar@southbendin.gov E-mail- 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 ss)) ignatures: ...„ _,... ! . IP Olin. 0'real 41 • : i ' . i• : zas ; . 0.' c •- 401i, I L.. III _I I p ..$)166.-, - ..* •,-,, !".._. _ . 11 • .., .1, . • f '-' af -• „. , A • "-iiii • 111 4111P- 4 1 . 1 4. *- . • _ : - ... . .