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
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~__.._~:
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