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HomeMy WebLinkAbout9908-09 Rezoning - 744 South Main Street - 6th DistrictORDINANCE No. sA~w~ Passed by the Common Council of the Ciry of South Bend, Indiana March 9, Attest: Attest: Presented by me to t/ie Mayor of the Ciry of Sorrtl: Bend, Indiana March 10, 20 09 2009 City Clerk President of Common Council Ciry Clerk Approved and signed by me March lZ. , 2p 0~ ~C,~~ c~ °-- Mayer I 4 G f/ ORDINANCE NO. b ~ b ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 SOUTH MAIN STREET, COUNCILMANIC DISTRICT SIX (6) IN THE CITY OF SOUTH BEND, INDIANA The property at 744 S. Main St. is currently zoned LI Light Industrial District. This petition seeks a rezoning to MU Mixed Use District. The purpose of the proposed re- zoning is to allow the petitioner, Our Lady of the Road, to give overnight stay to a small number of people (about ten) in relation to the program known as "Weather Amnesty" whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. 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: The south 31' of Lot 5 and All of Lots 6, 7, and 8 including the east/west vacated alley between Lots 5 and 6 in Wadhams 1St Addition be and the same is hereby established as MU Mixed Use District Section II. This ordinance shall be in full force and effect from and after its passage by the Common CounCTl; approval by the. mayor, and legal publication. Member of the Common Council Att sts~ City Jerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~ ah, day of YY~.w ~~• , 2009, at ~ ~ `, l o o'clock a, ~ .m. _ ~ City Cl { ~,~ Approved and signed by me on the ~ Z ~` day of ~ ~'`~` ~ , 2009, at to : io O'clock ~ , .m. c~~, Mayor of the C of South Bend, Indiana J sf ~cADING I - (L _ O`1 FU3l.iC HEARING 3-q~~~t ~ Su~~S-ri'tu~c,.t~ 3 rd READING 3 _ct_ O~ cis S u.,~S-~~~.~-~';,,,+ NOT APPROVED' REFERRED -,~- ~-lL,o`~ FI~CC~ ail ~~@C~C'S ®ffICB F E B - ? 2009 JCHPJ VGGRgE CITY CLJ:R?C, SG. E3E4dq,1N. PASSED A g _~ rl a,S .3 w`~S~^~.~I c,,~:-.~~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 02-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 744 SOUTH MAIN STREET, 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 by a new legal description. Ann Puzzello Chairperson, Committee of the Whole PETITION Date Filed Application No. Date received by the Area Plan Commission We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requrested. 1) The property sought to be rezoned is located at: 744 South Main Street South Bend, IN 46601 2) Name and address of the property owner(s) of the petition site: Our Lady of the Road, Inc. P.O. Box 4375 South Bend, IN 46634 In alease-to-purchase agreement with 744 South Main, LLC c/o P.H. Mullen 953 Terra Bella Ave. San Jose, CA 95125 3) Not applicable 4) It is desired and requested that this property be rezoned From LI Light Industrial District To MU Mixed Use District 5) This rezoning is requested to allow for the following use(s): This rezoning is requested to allow the petitioner, Our Lady of the Road, to give overnight stay to a small number of people (no more than ten) in relation to the program known as "Weather Amnesty" whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. 6) Attached is a copy of the (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of the names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; (f) a location map, if available, drawn to scale, which includes street names, printed in 8.5" x 11" format. 2 Signature(s) of the Property owners(s) Michael Baxter, President, Our Lady of the Road Charles Wilber, Treasurer, Our Lady of the Road Margaret Pfeil, Secretary, Our Lady of the Road PETITION PREPARED BY: CONTACT PERSON: Michael J. Baxter Same Our Lady of the Road P.O. Box 4375 South Bend, IN 46634 (574) 514-8859 m'tb~ axter~a,~mail.com Filed !n Clerk'S Office EEB ~ 5 2009 JO'r1N VOORDE CITY CLERK, S0. BEND, IN. ~-~. _~s ~BL~~ JAN 2 ~ 2009 STATEMENT OF PURPOSE AND INTENT ~'aI2EA PLAN GOy~IINISSION This petition, pertaining to a property zoned LI Light Industrial Distrie~ seeks a ° :° .,:~~.~n ~" rezoning to MU Mixed Use District. It is made in concert with a petition to the Board of Zoning Appeals, seeking a special exception for use as a "group residence." It seeks a rezoning so as to allow Our Lady of the Road, anon-profit charity serving homeless people in downtown South Bend, to provide emergency shelter in relation to the program known as "weather amnesty" whereby people with nowhere to stay are housed overnight by social agencies and ministries. This statement is divided into three parts: (1) a description of the property itself; (2) a more detailed statement of purpose and intent; (3) an explanation as to how this proposed re-zoning is consistent the general character of this district; and (4) an explanation as to how this proposed rezoning is consistent with the land-uses of this area. 1. The property in question is located at 744 South Main Street in South Bend, Indiana. The building area is 12,320 square feet situated on .97 acres, with frontage on South Main Street, just to the south of the downtown area in South Bend. The building consists of (1) a large front area with a kitchen, chairs, tables, and couches; (2) behind this, another large area for men's and women's restroom, three showers, three washers and driers, and clothes racks; (3) behind this, another large area for supplies, storage, and a small office; (4) behind this, a smaller area for use as storage; (5) adjacent to this, a warehouse area for more storage of larger items; and (6) an upstairs area which is vacant. A large parking lot (18,900 square feet) is located to the north of the building, and a side yard is located to the south of the building. 2. As regards the purpose and intent, Our Lady of the Road has been asked by several social agencies and ministries to assist in providing overnight housing to homeless people. People will be welcomed in the evening and depart early the next morning. They will be received in the front area of Our Lady of the Road (# 1, above), use the bathrooms and showers (# 2), and sleep on rivin beds in the area adjacent to the office and supply room (# 3). At least two staff members and/or volunteers of Our Lady of the Road will stay over on these nights as well. This service will be provided in conjunction with the Center for the Homeless, Hope Ministries, the YWCA, Life Treatment Center, and other agencies operating as part of the Continuum for Care. The number of people housed for weather amnesty will be about ten, the same number of people not being taken in by Hope Ministries due to changes in their facilities. This will therefore not increase the overall number of people receiving overnight weather-amnesty but allow it to remain the same. Our Lady of the Road will begin functioning as the final option for overnight housing, although this order could change in response to changes regarding other social agencies and the overall situation of homelessness in South Bend. 3. As regards the consistency of this purpose and intent in relation to the character of the district in which it is located, the purpose and intent is entirely consistent with this district. Several properties in the immediate area are used for purposes similar to the 2 intent and purpose of the rezoning sought here. Specifically, to the east of the property, the Center for the Homeless uses a lot for parking the vehicles it uses in its landscaping and snow-removal business, which employs homeless people. Also, to the east of the property, the Center for the Homeless uses a lot for gardening which also will involve homeless people. Also, to the southeast of the property, the Center for the Homeless hosts a Madison Center outlet, which receives many homeless people. Each of these efforts addresses the needs of a population similar to the one to be served by Our Lady of the Road taking in homeless people on weather-amnesty nights. Also, the work of taking in homeless people on weather amnesty nights will involve no major exterior renovations to the building or the grounds of the property, other than improvements such as installing outdoor lighting, repaving the parking lot, and repairing existing fences. 4. As regards the consistency of this purpose and intent in relations to the land uses in this area, the purpose and intent is consistent with them. Many properties in this area are zoned light industrial, but many others are zoned mixed use. Generally speaking, it is an area marked by a variety of zonings, which is not disrupted by the proposed land use. Moreover, a "zoning down" from LI Light Industrial District to MU Mixed Use District is consistent with the future prospects of development in this area. ~~~~® JAN 2 `~ 2009 ~.R~ PLAN COMMISSION F EB - ? 2009 JG':'J ~fC ~;7i: CITY CLE~~, ~0. ~~PdD, IN. LEGAL DESCRIPTION OF THE PROPERTY The south 31' of Lot 5 and All of Lots 6, 7, and S including the east/west vacated alley between Lots 5 and 6 in Wadhams 1St Addition ._, : CITY Ci.:~,:. i`! JAN 2 ~ 2009 I~ftEA PLAN ~Q~nM1SSI0N ~~.nL.C ~~ 7~~ r Peter H. Mullen, Jr., Co-owner 744 South Main LLC c/o 953 Terra Bella Avenue San Jose, CA 95125 January 27, 2009 St. Joseph County Area Plan Commission 1140 County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 To Whom It May Concern: I write regarding the petition for rezoning the property located at 744 South Main Street, South Bend, Indiana, from LI Light Industrial District to MU Mixed Use District, as submitted to the Area Plan Commission of the City of South Bend by Our Lady of the Road, Inc. We support this rezoning. Our Lady of the Road, Inc., is a tenant of this property, in a lease-to-purchase agreement with 744 South Main, LLC. With this letter, the officers of 744 South Main LLC transfer signatory permission for the matter of this rezoning petition to Our Lady of the Road, Inc., specifically to Michael Baxter, President, Margaret Pfeil, Secretary, and Charles Wilber, Treasurer. If you have any questions, please contact me at the above address or (408 Cordially, Peter H. Mullen, Jr., 744 South Main Street LLC --- ~ :,~:,.~,.~-~ office F'~ - _ ^~ CITY : ~~ ~ _ _ " -....__-- JAN 2 ~ 2009 ~~REA PLAN COMMISSION t St. Joseph Parcels Countv Parcels Rec PARCELID NAME 1 TAXMAILADD TAXMAILCIT 018-3041- CENTER FOR THE 1 1574 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- INDIANA AND MICHIGAN 2 1563 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3041- INDIANA MICHIGAN POWER 3 155902 COMPANY P O BOX 16428 COLUMBUS OH 43216-6428 018-3041- 4 1583 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3041- 5 1586 M R S REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3041- LEINEN ARTHUR R JR 8 6 1588 BRENDA SUE 22405 US 12 EDWARDSBURG MI 49112 018-3022- 7 0818 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- 8 1578 L C TYPESETTING CO INC 747 S MICHIGAN ST SOUTH BEND IN 46601 018-3018- 61546 MIAMI MEADOWS 9 0674 G M 3 B LLC CT SOUTH BEND IN 46614 018-3041- 61546 MIAMI MEADOWS 10 157101 G M 3 B LLC CT SOUTH BEND IN 46614 018-3042- UNIVERSITY OF NOTRE 11 1634 DAME DU LAC % RICK K 836 GRACE HALL NOTRE DAME IN 46556 12 1615 RLB1 LLC 3510 PARK PLACE MISHAWAKA IN 46545 018-3041- THE CENTER FOR THE 13 1579 HOMELESS INC 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 14 0816 BENDIX LOCAL 9 740 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 15 0819 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- PEAK MONICA M & 1ST 16 1572 SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617 018-3041- 17 156801 744 SOUTH MAIN LLC 744 S MAIN ST SOUTH BEND IN 46628 018-3042- 18 1621 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3022- 19 0820 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018-3042- CITY OF SOUTH BEND DEPT 1400 COUNTY CITY 20 163001 OF REDEV BUILDING SOUTH BEND IN 46601 018-3042- 21 1630 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 018-3042- 22 1631 M S R REALTY INC 814 S MAIN ST SOUTH BEND IN 46601 CENTER FOR THE 018-3041- HOMELESS INC ATTN 23 1577 SHANNON 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- CENTER FOR THE 24 1591 HOMELESS INC 813 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- SMITH EDWARD L & LAURA 25 0817 1l21NT LEVY EDWAR 316 S EDDY ST SOUTH BEND IN 46617 018-3041- INDIANA MICHIGAN POWER 26 155901 COMPANY PO BOX 16428 COLUMBUS OH 43216-6428 018-3041- CENTER FOR THE 27 1576 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 28 0815 BENDIX LOCAL 9 740 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- INDIANA AND MICHIGAN 29 1565 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3022- 30 0814 BENDIX LOCAL #9 740 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- CENTER FOR THE 31 1575 HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- INDIANA AND MICHIGAN 32 1561 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3041- PEAK MONICA M & 1ST 33 1573 SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617 018-3041- I NDIANA AND MICHIGAN 34 1564 ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3022- 35 0813 J & J ENTERPRISES 732 S MICHIGAN ST SOUTH BEND IN 46601 018-3022- 36 0812 J & J ENTERPRISES 730 S MICHIGAN ST SOUTH BEND IN 46601 018-3041- 61546 MIAMI MEADOWS 37 1560 G M 3 B LLC CT SOUTH BEND IN 46614 018-3018- HERITAGE RESTORATION 38 0673 AND DEV GROUP LLC 2197 SOUTH 2200 EAST SALT LAKE CITY UT 84109 018-3018- 715 SOUTH MICHIGAN 39 0686 PARTNERSHIP 715 MICHIGAN SOUTH BEND IN 46601 018-3041- 61546 MIAMI MEADOWS 40 1571 G M 3 B LLC CT SOUTH BEND IN 46614 018-3041- 61546 MIAMI MEADOWS 41 1570 G M 3 B LLC CT SOUTH BEND IN 46614 018-3018- 42 0685 701 SOUTH GATEWAY LLC 701 S MICHIGAN STREET SOUTH BEND IN 46601 018-3041- DESIGN PACKAGING INC SOUTH BEND IN 46624- 43 1558 '07/08 PROB PLAT' PO BOX 564 0564 018-3041- PETER NEMETH 44 1559 PROPERTIES LLC 613 DUBLIN DR MISHAWAKA IN 46545 ~1y ~'ta E~1 F,/6'i~.el'i'-'~ ®ifYb~ I - E 2009 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 February 18, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of 744 South Main, LLC to zone from LI Light Industrial District to MU Mixed Use District, property located at 744 South Main Street, City of South Bend - APC# 2497-09 Dear Council Members: I hereby Certify that the above referenced ordinance of 744 South Main, LLC was legally advertised on Thursday, February 5, 2009 and that the Area Plan Commission at its public hearing on Tuesday, February 17, 2009 took the following action: Upon a motion by Richard Warner, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of 744 South Main, LLC to zone from LI Light Industrial District to MU Mixed Use District, property located at 744 South Main Street, City of South Bend is sent to the Common Council with a favorable recommendation. The adaptive reuse of the property will allow the existing building to continue to be an integral part of this block. The proximity of the Center for the Homeless and Hope Ministries will provide a supportive network. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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, w.,~~~ ohn W. Byorni JWB:jsc Attachment CC: 744 South Main, LLC Our Lady of the Road, Inc. Michael J. Baxter Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2497-09 Owner: 744 South Main, LLC Location: 744 South Main Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to MU Mixed Use District to allow the overnight stay to a small number of people (no more than ten) in relation to the program known as "Weather Amnesty", whereby people with nowhere to stay are housed on an emergency basis by social agencies and ministries. Land Uses and Zoning: On site: On site is a facility that provides meals, laundry facilities, and other social services to the homeless. North: To the north is an electrical sub-station owned by Indiana and Michigan Power zoned LI Light Industrial District. East: To the east is LC Typesetting zoned MU Mixed Use District. South: To the south is Rink Printing zoned LI Light Industrial District. West: To the west is an electrical sub-station owned by Indiana and Michigan Power zoned LI Light Industrial District. District uses and development standards: The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations aze intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district aze designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site plan description: The total area of the site is 31,515 squaze feet. The building is 10,772 squaze feet or 34% of the site. A total of 22 pazking spaces aze provided with access from Main Street. The total paved azea is 12,176 square feet or 38% of the site. The open space is 8,567 squaze feet or 28% of the site. There is one access from Main Street. Traffic and transportation considerations: Main Street is a four lane one-way road. Additional information: (Agency comments) The existing facility is allowed under the current zoning. In order to allow for overnight stays, the property must be rezoned to Mixed Use and a Special Exception must be obtained. Both the staff and the Boazd of Zoning Appeals have recommended in favor of the Special Exception. 744 South Main, LLC #2497-09 Page 1 of 1 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 H 1.5 Support existing transitional housing providers and shelters that offer a continuum of care to move people toward self-sufficiency. ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. 2. Current conditions and character: The building is currently being used during the day for outreach activities. The are a variety of high intensity uses along the Michigan/Main corridor. Main Street is mostly LI Light Industrial, and Michigan Street is mostly MU Mixed Use. There is a gas station zoned C Commercial at the northwest corner of Main Street and Sample Street, and the Center for the Homeless is located immediately southeast of the site, across the alley. 3. Most desirable use: The most desirable use is to maintain the current zoning or a less intense zoning. 4. Conservation of property values: Surrounding property values should not be affected. This rezoning would not compromise the operation of the industrial businesses. 5. Responsible development and growth: It is responsible development and growth to allow the expansion of services to accommodate for the loss of services in another area. 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. Analysis: The adaptive reuse of the property will allow the existing building to continue to be an integral part of this block. The proximity of the Center for the Homeless and Hope Ministries will provide a supportive network. 744 South Main, LLC #2497-09 Page 2 of 2 a~ m J C E ~~ ARU u lul ~~ ample Sample 6AU 4.$ ~~ re Rezoning from: "LI" LIGHT INDUSTRIAL DISTRICT to "MU" MIXED USE DISTRICT N Zoning Key ~~ SOUTH BEND "MU" MIXED USE ~__.._~: SOUTH BEND "CB" COMMUNITY BUSINESS ~~~ SOUTH BEND "GB" GENERAL BUSINESS SOUTH BEND "LI' LIGHT INDUSTRIAL SOUTH BEND "GI" GENERALINDUSTRIAL W E S 1 inch equals 15~ feet ~~~ ~ G~~~-~~ ..~' ,~' ~ .~n d . .. ~ ADD FD. OPENING ~ .. ~,'ho,~~,~g§~'33 • ^ ^ • - ~ OOGUPAf~ILY -STORAGE 5-I - ' LONST. TYPE VB -TWO STORT j) - ~ EOKLER LUMBER E •~ OOGAANOY -STORAGE SI 7980 SP. 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