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Home My WebLink About9771-07 Rezoning 1201 Michigan - District 6ORDINANCE No. 9771-07 Passed by the Common Council of the Ciry of South Bend, Indiana July 9, Attest: JOHN ~ c Attest: /-~~ -~ 20 07 Ciry Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 10, 07 20 Approved and signed by me July 1 1, 20 0 7 ~~~ L Ciry Clerk Mayor ORDINANCE NO. ~ ~ ~ ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1201 S. MICHIGAN ST., COUNCILMANIC DISTRICT SIX (6), IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Thomson Vernick South Bend LLC is looking to change the zoning of the property from Mixed Use District (MU) to Local Business (LB) to allow a paint store use. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. 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: Lots 2 & 3 and 16' north side of lot 4 Stulls 3rd be and the same is hereby established as Local Business District (LB) 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. r--~ Member of the C on Council ity glerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~ c~ day of , 2 00~ , at I ~'~~~ o'clock ~. m. r-- ~~~ ~~~ City Jerk ~. Approved and signed by me on the ~~ day of , 2~, at 2' 3n o'clock ~. m. Mayor, Ci f South Bend, Indiana 1 st READING S-~ ~-~~ PUBLIC HEARING -~ _~ -p~ ~ S Su-~ ~~'` ~-a~ 3 rd READING ~ ~ _~~ cc,S Sv-~ 5~~~~ NOT APPROVED REFERRED I~' P " S-I ~~ ~~0 ~ \ PASSED 'l _c1 _D1 (t 3 Sv~~os-~~~ Filed In Clerlk's Cfi#ice h,1AY 3 1 ~~;'~~7 JGHN VOORDE CTTY CLEi;!S, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 29-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1201 S. MICHIGAN ST., COUNCILMANIC DISTRICT SIX (6) 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 as substituted. Karen L. White Chairperson Date Filed: May 8 2007 Application No. Date received by the Area Plan Commission I (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: 1201 S. Michigan St.; South Bend, IN 46601-3429 2) Name and address of property owner(s) of the petition site: Sobieski Bancorp Inc. C/O Robert J. Urbanski, Board Chairman 21533 Golden Maple Ct. South Bend, IN 46628 Business: (574) 272-3756 Cell: (574) 274-1662 3) Name and address of contingent purchaser(s), if applicable: Thomson Vernick South Bend LLC 2000 North Racine Suite 2110 Chicago, IL 60614-4045 Business: (773) 327-0620 Cell: (773) 398.3888 ~ 4) It is desired and requested that this property be rezoned from Mixed Use (MU) to Local Business (LB) 5) This rezoning is requested to allow the following use: Paint Store 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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 (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8'/s" x 11" format. Bob Urbankski, Sobieski Bancorp Inc., Board Chairman Kevin Vernick Thomson Vernick South Bend LLC; Member PETITION PREPARED BY: Kevin Vernick Thomson Vernick South Bend LLC 2000 North Racine Suite 2110 Chicago, IL 60614-4045 Business: (773) 327-0620 Cell: (773) 398.3888 kvernick@vernickassociates.com Filed in C1erk's ®ffice t.1AY $ 2007 CITY C ERK SD RB N~, IN. 1201 South Michigan Street -LEGAL DESCRIPTION PIN# 18-8004-0216 - 60 Feet North Side Lot 2 Stulls 3`a PIN# 18-8004-0217 - 38 Feet North Side Lot 3 & 6 Ft South Side Lot 2 Stulls 3`a PIN# 18-8004-0218 - 28 Feet South Side Lot 3 & 16 Feet North Side Lot 4 Stulls 3`a Filed to Clc~ts'~ O~t#ice 1,4 AY $ 2001 J4~Iti V~~ ~~ NC, IN. 04/28/07 14:52 FA% 574 258 7482 REM~1b 100 255-5858 _ -. X008 _.. _ _ _ _ _ _ _ - -. -. - - - - N0.1303 P, 2 APR.~26.2047.10:59AM MERIDIAN TITLE P,pril 26, 2007 Marvin Moore Re/Max 100 Realty 3010 Hickory Road Mishawaka, IndlarlA 46545 RE: Our File No. 5990so6 Dear Marvin Moore: Pursuant to your request we have made a search of the records of St. Joseph County, Indiana, with reference to the ownership of the rest estate tying within 300 feet of the area shown on the enclosed map, and find the present owners to be: KEY NO. NAM>= AND ADRRSSS 18.8004.0216 Sobieski Bancorp Inc. P.O. Sox 3058 South Bend, IN 46619 18-8004-0217 Sobieski Bancorp lnc. P.O. Box 3058 South Bend, W 46619 18-8004.0218 Sobieski Bancorp Inc. P.O. Box 3058 South Bend, IN 46619 18-7003-0112 Ivy Tech State college One W. 26'" St. P.O. Boz 9763 Indianapolis, tN 46206 1 8-700 3-01 1 2 01 City of South Bend Budding Corp. 1400 County City BId Soutn Bend, IN 46601 18.70050169 South Bend Christ Temple Churr:h of God In Christ Inc. 1212 S. Michigan St. South Bend, IN 46601 18.7026-1036 R1~5 Elston FamByTrust 1326 S. Michigan St. South Bgnd,1N46601 04/28/07 14:55 FA% 574 258 7482 i2EMAX 100 255-5858 __ __ X007 ~ i APR, 26. 2007. 10:59AM MERIDIAN TITLE N0.7303`P~ 3~ 18.7026-1037 R&5 Elston FartlUy 7fust 1326 S. Michigan St. South Bend, IN 46601 1 a-e0o4-022701 Joseph P. Sergio 3290 29'" Ave. NE Naples, FL 31120-3203 18-6004-0226 City of South Bend 1400 County-City Bldg. South Bend, IN 46601 18-8004-0225 CltyofSouth Bend 1400 County-City Bldg. South Bend, IN 46601 18-8004.0224 Dimitrivs Vssiiiades 31 fi N. Lafayette South Bend, IN 46601 18-809~i-0223 Dimitrios Vasl"lades 316 N. Lafayette south Bend, IN 48601 18004-0222 City of south Bend 1400 County-City Binding SoutR Bend, IN 46601 18-8004-0220 Frederick L. and Shirley Kuhn P.O. Box 2497 South Bend, IN 46680 18-8003-0156 Real Services Housing Inc. ATTN: President 1151 S. Michigan South Bend, IN 46601 18-8004-0215 Ridiard Allen 2609 Daisy Lane Faubraok, CA 92028 18-8004-OZ06 Eleanor A Wdff, as Trustee of Eleanor A. Wolff Recav. Trust 17977 Sable Ridge Dr. South Bend, IN 48635 18.8004-0205 Eleanor q. Wolff as Trustee of Eleanor A. Wolff Revoc. Trust 17'877 Sable Ridge Or. South Bend, iN 46635 04/28/07 14:55 FA% 574 258 7482 REM~1% 100 _255-5858 _. Cd008 APR. 26. 2001. 10:59AN! MERIDIAN 1ITlE ~ N0. 1303 P. 4 ' 18-8004-020501 MLW Partnership °k Mark Miller 1533 Sheffield Ct South Bend. IN 4661d 18-8004-0204 MLW Partnership % Mark Miller 1533 Sheffield Ct. South Bend, IN 46615 18-8004020401 MLW Partnership % Mark Miller 1533 Shaffteld Ct. South Band, IN x8614 1 g-80p4.01g1 South Bend Policemen's Federal Cred"R Union 1130 5. Main St, South Bend, IN 46601 18003-0147 South Bend Firefighters Federai Credit Union 1122 S. Main St South Bend, IN 46601 1&8004-0182 Scott Douglas Mtlrews 19445 Orchard Heights Dr. South Send, IN 46614 18-eo0¢0180 James E S Ruth Mary Dafreeuw as Trustees Under Dedaratiori of Trust 625 Portsmouth Dr. Sumter. SC 29150 t8-8004-0178 James E 8 Ruth Mary Detreeuw as Trustees Under DeGaration of Tnut 625 Portsmwth Dr. Sumter, SC 29150 18004-0178 James E & Ruth Mary Defteeuw as Trustees Undet Deefaration of Taut 625 Portsmouth Dr. Sumter. SC 29150 18-8004-0177 William V Harmon P.O. Box 6113 South Bend, fN 46660 04/28/07 14:55 FA3 574 258 7482 RE3IA% 100 255_585.$ APR. 2b. 2007.14:59AM MERIDIAN TITLE 18-8004-0176 WGliam v Harmon P.O. t3ox 6113 South Bend, IN 46660 18-$004-0174 Willow LLC 1149 S. Main South Bend, !N 46607 Respectfully, Debra A. Guy Counsel t7AGfjm f~009 N0. 7303 P. .___ Filed In Cl~sk'~ ®ffice P,1 AY ~ X001 aollha voor~De CITY CLE~+K, CQ. 6END, (N. . _ _ _ 148od . _ _ ~PBt1~ETHt LMD~.~f~MNC~ / UMM NZEA i FM6F1 GtUW LNC r - - ~ ~ fBJGE iWl~i B I ° ^. I I r-d x ~ I ° ~ ~'~~~ ~ P~ I ~ I I I ~ NEW BUILDING a~ 1 ~, rte. ~,..,., ~ ~ PROPOSED ~ 5825 S.F. I i ~i~s I I ~ ~ I I~'-d' b8'-d' ~ zd-d' TYP. Z5' d' Id-~d~ I I l I a I ~ ~ I I ~~ ~ ~ ` I I I I I ~ I ~~x urv.~ / uwH ~+ 1 ~ /P~sr WSOd w,r „r e7~nN I PARKING D~T~ MIGhIC~AN ST. (1 ~}) ~'-O" x 2d-O" PARKING SPAGES (I) 8'-d' x Zd-O" AGGESSI~LE PARKING SPACE 15 TOTAL PARKING SPACES PROVIDED BUILDING AREA: 24~ LANDSCAPING AREA: 2~~ PAVING AREA: 47% PROP05ED 51TE PLAN va F P'=vi-d' RETAIL FLOOR AREA: 1,500 SF WAREf-tOUsE FLOOR AREA: 4,325 SF NORTH Area Plan Commission of St. Joseph County John W. Byorni Executive Director 1140 County-City Building South Bend, Indiana 46601 Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 June 20, 2007 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 Sobieski Bancorp Inc. to zone from MU Mixed Use District to LB Local Business District, property located at 1201 S. Michigan Street, City of South Bend - APC# 2438-07 Dear Council Members: I hereby Certify that the above referenced ordinance of Sobieski Bancorp Inc. was legally advertised on Thursday, June 7, 2007 and that the Area Plan Commission at its public hearing on Tuesday, June 19, 2007 took the following action: Upon a motion by Richard Warner, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance and site development plan of Sobieski Bancorp Inc. to zone from MU Mixed Use District to LB Local Business District, property located at 1201 S. Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation. The uses found in the LB Local Business District are appropriate along a major traffic corridor, such as South Michigan Street. The reuse of this site is compatible with the surrounding land uses which are a mix of business, commercial and institutional uses. This area was zoned MU Mixed Use District in order to foster a type of development that would be closer to the street. This particular area is a mixture of uses that are located at or near the right- of-way such as Real Services and uses that are set back such as IVY Tech, the juvenile justice center, and automobile oriented business at the corner of Sample Street and South Michigan Street. 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, i 7 ~~<~. ~//.~I~W.IBNorni Y JWB:sr Attachment CC: Sobieski Bancorp Inc. Thomson Vernick South Bend LLC Kevin Vernick Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2438-07 Owner: Sobieski Bancorp Inc. Location: 1201 S. Michigan Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District to allow for a paint store. Land Uses and Zoning: On site: On site is a vacant building zoned MU Mixed Use District. North: To the north across Stull Street is a office zoned MU Mixed Use District. East: To the east across Michigan Street is a church and fire station zoned MU Mixed Use District. South: To the south is vacant property zoned MU Mixed Use District. West: To the west are two businesses zoned GB General Business District. District uses and development standards: The LB Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the LB Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: The site is approximately 0.56 acres. There is a proposed 5,825 square foot building, covering 24% of the site. Parking and drives will cover 28% of the site. The remaining 48% will consist of open space. Fifteen (15) parking spaces are provided. The site has two access points; one off of Stull Street and one off of Michigan Street. A variance will be required to allow the placement of the trash enclosure in a front yard. Zoning and land use history & trends: The property was previously used as a bridal shop zoned Mixed Use District. Traffic and transportation considerations: Michigan Street has four lanes. Stull Street has two lanes. Utilities: The site will be served by municipal sewer and water. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Land Use Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The rezoning is consistent with the Comprehensive Plans land use policy. Sobieski Bancorp Inc. #2438-07 Page 1 of 3 Land Use Plan: City of South Bend -City Plan, November 2006 City Plan identifies this area as mixed use. The rezoning is consistent with the Comprehensive Plans Future Land Use Map. 2. Current conditions and character: The site is currently a vacant building. The area is a mixture of commercial uses and public service activities. 3. Most desirable use: The most desirable use for this site is mixed use or commercial. 4. Conservation of property values: The surrounding properties values will be unaffected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow the reuse of a vacant property for commercial development in an area dominated by commercial uses. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation subject to written commitments that the building be developed 0' to 5' from the Michigan Street property line. Analysis: The uses found in the LB Local Business District are appropriate along a major traffic corridor, such as Michigan Street. The reuse of this site is compatible with the surrounding land uses which is a mix of business, commercial and institutional uses. The South Gateway Urban Design Study and Improvement Plan, adopted December 1992, puts forth development guide lines for new development along the Michigan Street corridor. These guide lines suggest zero foot setback be provided in this area. The zero foot setback will help to create and enhance the enclosure of the street. In addition The City of South Bend -South Gateway Streetscape Concept Plan, June 1998 and City of South Bend -South Gateway Commercial Corridor Action Plan, July 1998, address the issue of providing similar style streetscapes along the entire corridor. This area was zoned MU Mixed Use, in part, because the development standards within this district would help to bring about the goals of these plans. In this case, other adjacent properties such as Real Services to the north, as well as, several business to the south have been developed with a minimal front yard building setback. Allowing the petitioner's new building to be built more than 5' from the Michigan Street property line would in affect compromise the current Streetscape conditions designed by the city and its partner for the immediate area. The City of South Bend has expressed to the developer a willingness to facilitate the process to obtain" the necessary variances from the development standards to achieve the desired Streetscape. They have also shown a willingness to offer other financial benefits for relocating the building closer to Michigan Street. Sobieski Bancorp Inc. #2438-07 Page 2 of 3 rE ~ u I U ~ ~ n~u ~'%'~ '' '~ ,r', ,~,~ !f ~`./~ f'~~ ~~ r ~,ff G8 n~u Rezoning from: "MU" MIXED USE to "LB" LOCAL BUSINESS Zoning Key SOUTN IEND'SF251N0 LE FRI14Y&TUtO FALI IIY SOUTH IEND'LI U' II D:ED USE SOUTH 1END'l1'LOCALlUSINESS 90UTN IEND'GI' C ENERAL IUSINESS SOUTH IEND'L~ LILIRED WDUSTRtRI ~'j~'- 'SOUTH IEND'U' UNMERS RY N W E s 1 inch equals 1~~ feet APC ## 2438-07 Sobieski Bancorp Inc. #2438-07 Page 3 of 3