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Home My WebLink About9975-09 Rezoning - 4526 S. Fellows St. - District 5ORDINANCE No. o Passed by the Common Council of the City of South Bend, Indiana November 9, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana November 10, 2009 Ciry Clerk President of Common Council Approved and signed by me November i Q. 20 QQ_ City Clerk Mayr~r 2~9 JOHN ORDINANCE NO. l ~ ~ ~ 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE CURRENT ZONING OF 4526 SOUTH FELLOWS STREET IS SFi (SINGLE FAMILY 1). THE OWNER OF THIS PARCEL AND THE ADJOINING PARCEL TO THE NORTHEAST AT 514 EAST IRELAND ROAD, WHICH IS CURRENTLY ZONED OB (OFFICE BUFFER), INTENDS TO BUILD A NEW DENTAL OFFICE FOR HIS DENTAL PRACTICE THAT IS BEING FORCED TO RELOCATE DUE TO THE NEW US 31 HIGHWAY UPGRADE. THE PURPOSE OF REZONING THIS PARCEL IS FOR FELLOWS STREET ACCESS, PARKING AND STORMWATER STORAGE. NOW THERFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION (.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: LOT NUMBERED ONE (1) AS SHOWN ON THE RECORDED AMENDED PLAT OF THE HAWBLITZEL'S (RECORDED) ADDITION TO CENTRE TOWNSHIP AS RECORDED APRIL 13, 1954 IN PLAT BOOK 19, PAGE "H" IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as OB (OFFICE BUFFER). SECTION ll. 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. Member of the Common Council Attest: Cit Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the LbJ~ day of It.1 oy 2009, at ~ ~ ~Z~ o'clock gym. `. City rk ~ ,~,;~}~, ~~ Approved and signed by me on the ~~ day of ~: .2009 at ~o'clockGZ.Fx~. !~-t~v t.~-Q-v`r - Mayor of the City South Bend, )ndiana t st READlI~lG 1v~ ~~0~ PUBLIC HEARING ~ ` ~,~Oq 3 rd READING `~~ _0~ //OT APPROV.ED G (`FERRED ~' P ~ ~ t ~`~ 1 F~ice~ [~ Ol~rk's Otfc~>r SEP - 9 2009 JOttN VOORDE CIT't CLEi~K, S0. BEND, IN. PASSED ~ `_ t`_ p TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 74-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT 5 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. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission Application No. 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 south to be rezoned is located at: 4526 South Fellows Street, South Bend, IN 46614 2) Name and address of property owner of the petition site: Dr. Terrill Stoller 60420 South US31 South Bend, IN 46614 3) It is desired and requested that this property be rezoned From SFi To OB 4) This rezoning is requested to allow the following use: Dentist office (office to be located on adjacent property that fronts Ireland road) 5) 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 %" x 11" format. Signature of property owner (Terrill Stoller) PETITION PREPARED BY: John Spalding Spalding Design Group, LLC 106 Lincoln Way East Mishawaka,IN 46544 574-255-2422 574-514-6644 ifspaldin~(a comcast.net CONTACT PERSON: SAM E Filed In C1erk'S I~fflce SEP 1 1 2009 ~oi~,sa vcoRe~ ~y. cmr cI.EaK, so. ei.:~a, , LEGAL DESCRIPTION LOT NUMBERED ONE (1) AS SHOWN ON THE RECORDED AMENDED PLAT OF THE HAWBLITZEL'S (RECORDED) ADDITION TO CENTRE TOWNSHIP AS RECORDED APRIL 13,1954 IN PLAT BOOK 19, PAGE "H" IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. ~'i~r 1~R'~n'~ fl~~ICG' SEP - 9 200'9 CtT'( CLE+~K, ....._' f ~~1~~z/ i~ 1 its ~ b ~`- ~,,~ `~ ~ .-sy J EP , 9 2009 S cels County Parcels Rec PARCELID NAME_1 MAILIN ADD Ibt1JU'~~~# L~JKf 1~IIRILP pROP_ADDR 1 023-1035-1755 ADAMS SUSAN C 4607 Fellows a South Bend IN 46614 4607 FELLOWS IRELAND ROAD LLC C/O 2 023-1035-1735 MICHAEL R LEEP 320 E Ireland Rd South Bend IN 46614 320 E IRELAND RD DF IRELAND ROAD 3 023-1035-1758 PROPERTIES LLC 251 East Sample St. South Bend IN 46601 420 IRELAND RO POST SHARON PASALICH ~ MCDANIEL GREGORY 4 023-1035-1736 W/EROS 504 E Ireland Road South Bend IN 46614 504 E. IRELAND RD 5 023-1035-1737 LEASEA INC 530 E Ireland Rd South Bend IN 46614 514 E. IRELAND RD GRENERT CHARLES A & 6 023-1035-1754 JUDY 4615 Fellows St South Bend IN 46614 4615 FELLOWS ST SUMRALL LESTER EVANG 7 023-1035-180903 ASSOC INC 530 East Ireland Rd South Bend IN 46614 530 E IRELAND RD FOGLESONG JAKOB & 8 023-1035-1741 KATHLEEN 4616 FELLOWS ST South Bend IN 46614 4616 FELLOWS RD LESTER SUMRALL EVANGELISTIC 9 023-1035-1740 ASSOCIATION INC . P O Box 12 South Bend IN 46624 4606 S FELLOWS RD IRELAND GREENS 10 018-7204-7510 TRUCKING LLC 505 E IRELAND South Bend IN 46614 4422 FELLOWS UNRUH RAYMOND H & 11 018-7204-7511 DOROTHY M 4412 S Fellows South Bend IN 46614 4412 FELLOWS RUSH JEFF JR AND 12 023-1035-1757 MARGARET R 4523 S Fellows South Bend IN 46614 4523 FELLOWS LESTER SUMRALL 13 023-1035-1738 EVANGEL. ASSOC., INC P.o. Box 12 South Bend IN 46624 IRELAND RD LESTER SUMRALL 14 023-1035-1739 EVANGELISTIC ASSOCIA P O Box 12 South Bend IN 46624 S FELLOW 15 023-1035-1756 ANDERSON THERESA 4535 S Fellows St South Bend IN 46614 4535 FELLOWS ST SUMRALL LESTER 16 023-1035-178801 EVANGELISTIC ASSN IN 530 E Ireland Rd South Bend IN 46614 530 E IRELAND RD COMMUNITYWIDE FEDERAL 17 018-7148-527002 CREDIT UNION 1555 Western Ave South Bend IN 46619 405 E. IRELAND 18 018-7204-751101 REED STEPHEN 4404 S Fellows St South Bend IN 46614 4404 FELLOWS 50500 Prestanwood 19 018-7164-5775 GRABER GROUP L P Ct Granger IN 46530 411 IRELAND ROI HOLDINGS LLC% 20 018-7204-7509 DANIEL BREKKE 505 E IRELAND South Bend IN 46614 505 IRELAND CITY OF SOUTH BEND 21 018-7164-5777 ERSKIN GOLF COURSE .County City Bldg South Bend IN 46601 4200 MIAMI -~- D ~ m~ ~~ o rn r _ ~a ~...~„v, ~~--: -.,~__ _.. .~a ..~ ~d' ., r 4 • ~ ~~ s ~ ~ ~~ ~-~. D _~ D O , ~ ~ C7 ~e ~1. ,_ E ,;~ t;t, t .,3r•~ ~`~' r~-~~~' s ~ r ~ a a~ t wee ` r- Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 October 21, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 1ZE: A proposed ordinance of Dr. Terrill Stoller to zone from SF1 Single Family and Two Family District to OB Office Buffer District, property located at 4526 S. Fellows Street, City of South Bend - APC# 2536-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Dr. Terrill Stoller was legally advertised on Thursday, October 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2009 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Dr. Terrill Stoller to zone from SF 1 Single Family and Two Family District to OB Office Buffer District, property located at 4526 S. Fellows Street, City of South Bend is sent to the Common Council with a favorable recommendation. The adjacent vacant lot to which the site will be part of is no longer viable as a residential use. Combining both parcels as a single use creates a viable business site. In addition, the changing status of Fellows Street make this site even less desirable as residential. 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(~ n W. Byorni JWB jsc Attachment CC: Dr. Terrill Stoller John Spalding Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana R~yddy: ;~'S ~~ ~~C~C~~C"t'~~ ~ ttli~~ ~~~4~V+ 4 ocT 2 - 200 1,,,,, ,,. .. !~ C!'Y Clans ~ ~ ~: Staff Report APC # 2536-09 ®wner: Dr. Terrill Stoller Location: 4526 S. Fellows Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SFl Single Family and Two Family District to UB Office Buffer District to ailow parking for a proposed dentist office. Land Uses and Zoning: On site: On site is vacant. North: To the north is a single family home and vacant lot zoned OB Office Buffer District. East: To the east is a church zoned SF 1 Single Family and Two Family District. South: To the south is additional parking for the adjacent church use zoned SF1 Single Family and Two Family District. West: To the northwest is a dry cleaners zoned OB Office Buffer District. To the west and southwest across Fellows Street are single family homes zoned SF1 Single Family and Two Family District. District uses and development standards: The OB -Office Buffer District is established to promote the development of small scale office, professional, business, governmentat and quasi-governmental uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site plan description: ' The total area is 15,072 square feet. No building is proposed on this lot. A 4,700 square foot dentist office is proposed on the adjacent vacant lot. A total of 20 parking spaces are provided, covering 7,605 square feet of 51 % of the site. The remaining 49% is open space and landscaping. Zoning and land use history & trends: In 1993, the property to the northwest had petitioned to be rezoned to C Commercial for an auto service facility. That petition was withdrawn. Traffic and transportation considerations: Fellows Street is two lanes. According to maps on the Major Moves US 31 website, Fellows Street will be extended over the St. Joseph Valley Parkway as part of the US 31 project. Utilities: The site as developed needs no utilities, but they are available in Fellows Street. Dr. Terrill Stoller #2536-09 Page l of 1 ~ Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan City of South Bend Comprehensive Plan November 2006 Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective LU 6: Focus development efforts within the Service Area. Land 1(Jse Plan: The Future Land Use Map identifies the Ireland/Fellows intersection as commercial (office or retail). 2. Current conditions and character: Ireland Road is a major arterial, fronted by a mixture of commercial and institutional uses. Fellows Street is currently a local neighborhood street, but will be extended to the south over the St. Joseph Valley Parkway as part of the US 31 realignment project. 3. 1VIost desirable use: The most desirable use is one that recognizes the mix of adjacent land uses. 4. Conservation of property values: The surrounding property values should not be negatively affected. 5. Responsible development and growth: [t is responsible development and growth to recognize and support approved land use plans. 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 adjacent vacant lot to which the site will be part of is no longer viable as a residential use. Combining both parcels as a single use creates a viable business site. In addition, the changing status of Fellows Street make this site even less desirable as residential. Dr. Terrill Stoller #2536-09 Page 2 of 2 SF1 Ireland OB GB O 07 W ` d €~ O Ir{~W ~F1 Rezoning from: TT~F~TT SINGLE FAMILY & TVIVt? FAMILY DISTRICT to "CAB" t)FFICE BUFFER DISTRICT Zoning Key SOUTH BEND "SF1"SINGLE FANIILY &TWO FAlviILY DISTRICT SOUTH BEND "OB" OFFICE BUFFER Di STRICT SOUTH BEND "O" OFFICE DISTRICT ' SOUTH BEND "CB" COPviPv1UNITY BUSIfJESS DISTP,IGT SOUTH BEI`JD "CAB" GEfJER.ALBUSIPdESS N 1_ ~~ ,, . yy~ . T J 1 it7cf~ = 15~ feeet ~~~ ~ L~~L3~~