The URL can be used to link to this page

Home My WebLink About10005-10 Rezoning - 2301, 2303 Miami and 1026, 1034 E. Ewing AvenueORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana April 12, 2010 Attest: Attest: Presented to the Mayor of the City of South Bend, April 13, 10 20 10005-10 City Clerk President of Common Council City Clerk Approved and signed by me Apr i 1 13, Z0 10 +,~ ~// ~~~ ~ = Mayer ORDINANCE NO. ~ wow ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 MIAMI STREET, INCLUDING ADDRESSES 2303 MIAMI STREET, 1026 AND 1034 E. EWING AVENUE WITHIN SAID BUILDING, COUNCILMANIC DISTRICT THREE (3) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The zoning for the above address is currently mixed use. Our request is to have the zoning changed to local business use. The purpose of the new zoning request is to allow a fish aquarium (pet store) and all other uses under the local business zoning to operate at the above address. 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: Lot 1, Weidler's (Charles) 1St Addition 18-7127-4522 be and the same is hereby established as LB Local Business. SECTION II. This ordinance shall be in full f~f its passage by the Common Council, approval by,t~e publication. ~„ , A ~s '1 ~ ~- ity Jerk t from and after legal mmon Council Presented by me to the Mayor of the City of South Bend, Indiana on the 3~-, day of , 2 C(0 , at !~ :Yf o'clock ~ . m. ~~ , City Clerk Approved and signed by me on the /_j ~Z day of , 2 c~rv , at ~.y4 o'clock ~. m. ~' ;~ ~ ~~ Mayor, City o outh Bend, Indiana ~sf READING Z LL-~li PUBLIC HEARING ~-~-IL~~O 3 rd READING ~-~Z-~b NOT APPROVED RJ:FERREQ ~-P-L-t-1-`~a PASSED ~ ~-:~Z -~~ F!!~d !n G4~~•!a's C~~lc2 F E 8 1 7 2010 JOHN VOORD~ CITY CLERK, 50. BEND, IY• TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 MIAMI STREET, INCLUDING ADDRESSES 2303 MIAMI STREET, 1026 AND 1034 E. EWING AVENUE WITHIN SAID BUILDING, COUNCILMANIC DISTRICT THREE (3) 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 sought to be rezoned is located at: 2301 Miami Street (including 2303 Miami, 1026 and 1034 East Ewing Avenue within said location), South Bend, Indiana, 46614 2) Name and address of property owner(s) of the petition site: Women's Outreach Ministry, Inc. 2301 Miami Street South Bend, IN 46614 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from MU Mixed Use District to LB Local Business District 5) This rezoning is requested to allow the following use(s): ~' im .. v k.,A 7: O `? Cs'3 _ O N ~ u i r~ ~ O ~ T ~ ~ cat nw 1.~ W ro V .w LL L ~3 ~ o' i.e.. In order to accommodate an Aquarium Shop (pet store) and all other uses allowed under the Local Business Zoning. 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; (fj a location map, if available, drawn to scale, which includes street names. Signature(s) of all property owner(s) or authorized representative for said property PETITION PREPARED BY: CONTACT PERSON: (if different) Selena McAfee Ocie Brazier ~ g'1 ~Q -~~a`~ 2018 Miami Street 2301 Miami Street ~ al~(~- la~a` South Bend, IN 46613 South Bend, IN 46614 ~ ~3-~~ _ aL.~ a,', WOMINinc@gmail.org WOMINinc@gmail.org PRELIMINARY SITE PLAN REQUIRENMENTS Tabulated Data (List) 1. Gross acreage or square footage of site: 41'7 x 127' = 5295 2. Proposed land use: All uses allowed under Local Business Zoning 3. Estimated number of parking spaces required and provided: 1414 4. General land coverage -percentage of buildings, paved areas and open spaces: Percentage of buildings: 4080 5295 = 77% Paved areas and open spaces: Parking 9'w x 19'd = 684 5295 = 13% 5. For residential components: N/A Mapped Information 1. North arrow and scale 2. Actual shape and dimension of the rezoning property 3. Type and general location of buildings 4. General locations for all proposed improvements, including paved azeas and buildings 5. General layout of on-site pazking (Mapped information 1 through 5, please see attachment) 6. Building height - 11'5" 7. Required setbacks and bufferyazds: front - 30', rear/side - 20' 8. Location and type of landscaping and screening: 3 trees 9. Adjacent rights-of--way and nearby intersections: Building is located at the intersection of Miami Street and Ewing Avenue, South Bend, Indiana, 46614 (Mapped information for landscaping, setbacks and parking pending variance) ~; ~~ ~,-.~« FE6 ~ ~ 2010 ~,A~~ a~~.~,,~~~' ~;ga~,1;b. 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 vvvvw.stjosephcountyindiana.com/areaplan Fax 574 235-9813 March 17, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601, RE: A proposed ordinance of Women's Outreach Ministry, Inc. to zone from MU Mixed Use District to LB Local Business District, property located at 2301 Miami Street, 2303 Miami Street, 1026 and 1034 East Ewing Avenue, City of South Bend - APC# 2546-10 Dear Council Members: I hereby Certify that the above referenced ordinance of Women's Outreach Ministry, Inc. was legally advertised on Thursday, March 4, 2010 and that the Area Plan Commission at its public hearing on Tuesday, March 16, 2010 took the following action: Upon a motion by John McNamara, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of Women's Outreach Ministry, Inc. to zone from MU Mixed Use District to LB Local Business District, property located at 2301 Miami Street, 2303 Miami Street, 1026 and 1034 East Ewing Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. Rezoning to Local Business will support a wider variety of businesses beneficial to the neighborhood, and allow the adaptive re-use of the older commercial space, furthering the reinvestment in the existing building and neighborhood. 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, ., bcn hn W. Byo JWB jsc Attachment CC: Women's Outreach Ministry, Inc. Ocie Brazier Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2546-10 Owner: Women's Outreach Ministry, Inc. Location: 2301 Miami Street, 2303 Miami Street, 1026 and 1034 East Ewing Avenue 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 an aquazium shop (pet store) and all other uses allowed under the Local Business Zoning classification. Land Uses and Zoning: On site: On site is a multi-tenant building. Current tenants are Upscale Trends and Bead Creative. North: To the north is the Tutt Branch of the St. Joseph County Public Library zoned MU Mixed Use District and SF2 Single Family and Two Family District. East: To the east is a liquor store zoned LB Local Business District. South: To the south is a fabric store zoned MU Mixed Use District. West: To the west aze single family homes zoned SF2 Single Family and Two Family District. District uses and development standards: The LB 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 aze 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 total area of the site is 5,295 square feet. There is an existing 4,080 square foot building divided into 4 units. Variances, requested by the petitioner for pazking, landscaping and setbacks will be heard at the April 7, 2010 Area Boazd of Zoning Appeals meeting. Traffic and transportation considerations: Ewing Street and Miami Street have two lanes each with on-street pazking. Additional information: (Agency comments) There are two plans for the Miami Street Corridor. The Miami Street Commercial Corridor Revitalization Action Plan (2000), and an informal 2007 future land use plan for Miami Street that recommends that the 2301 Miami parcel be used for low-intensity commercial and/or residential use with minimal setbacks. City Engineer: The parking area must have storm water retention. The parking area and alley must be paved to the south property line. Pazking spaces must be outside of right of way. Women's Outreach Ministry, Inc. #2546-10 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 Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective ED 2: Retain existing businesses and recruit new ones to the city. Rezoning this parcel would meet these objectives. Land Use Plan: The Future Land Use Map shows this area as mixed use. Plan Implementation/Other Plans: Miami Street Commercial Con idor Revitalization Action Plan (2000) This property is in the South Cluster subarea. Appearance Objective: Improve viability of commercial shopping nodes. Business Environment Retention Objective: Keep current businesses successful. 2. Current conditions and character: The proposed site is on the southern end of the traditional Miami Street commercial corridor. Small businesses line Miami Street with residential behind it. The library branch was recently expanded. 3. Most desirable use: Past uses of the building have been service and small retail, which should continue. 4. Conservation of property values: It is the staffs opinion that the surrounding property values should not be adversely affected. 5. Responsible development and growth: Allowing Local Business zoning will open up the number of uses allowed at this site. The site is too small to support the more intense uses of Local Business that may be objectionable to the neighborhood. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: Rezoning to Local Business will support a wider variety of businesses beneficial to the neighborhood, and allow the adaptive re-use of the older commercial space, furthering the reinvestment in the existing building and neighborhood. Women's Outreach Ministry, Inc. #2546-10 Page 2 of 2 ' 16F2 ' SF2 I _--- ~__ SF2 I MU -~ ,---- SF2 MU i Fox _ _ c~ __~-- T -- ~----i _- _~ I ~ 1 - o IF srz sz ~, ' , I I .~ ' I' ' _~- ~ .. ____ _I i MU ~ -- ---~-- --,-~--T I I i I ~ i i ' SF2 i II 'i ~ SE2 ~ , I ~ --- __~_- __ _~ i SOUTH BEND 1 T ~ ~ ~ T ~~ 'I ~~ ~ ~ ' Sf~2 ~ ~~ ~ ~ MU 'SF2 ' ' i ~ ', I ) j j I 1- _ ---~-- ~ _ ~~, ~ S~2 I ~ SF2 - - ~F2 f I ~ 1 i Altgeld -~---T-.---~ ~- -~--~--------, ~ ~ ~--- .-~ i ~ i ~~ SF2 ! ~~ ~ ~ ~ Sf2 ~ ~ ~ I (_ -- -SF~ - ____ .~ TT~ -~ L s ~~ sF2 -- - SF2 i SF~ ~~ ~~ Fox ~_ I _ '~ sFz j --,--- i I SF2 Ewing --, --r--- ~I ~ ~' SF2I ' ~ I~ LB _ ~ ~_ ~; r i ~~ -~ sFz ;~ ~ i `- 5F~ _ _~ I ~E ~! ~ ~ ~ ~`_ ,. ~~ i _ SF2 .- SF2 ~ ~ ~ ~ i - ~ ~ ~ ~ ~ i i ~ - __-i--1- ~--i -__i S~2 ~ 5F2i ,, ~' Rezoning from: "MU" MIXED USE DISTRICT to "LB" LOCAL BUSINESS DISTRICT Zoning Key ~ SOUTH BEND "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT N W E s 1 inch = 150 feet APC # 2546-10 - ~ J 1 i "~ ` L/ Q A ... f ~ ~ r ~' M i t ....~~ s ~ ' ' ~ s _ _ ( ~ ~ ! 1 ~ • -•~ ~ C$aMAwa~J: t~Al1 - • ~ •j ` 1 • ...._ _ ` _..._ ~-t1.,yt-~- ......,~~ppp~..,,,p~oopp,;;,,yss•~~rrr~~~~r"~,,~~~ rar~r~sM 1 _. 1 ° ': PARCELID NAME 1 MAILINGADD MAILINGCIT STATE ZIP 4510 STOELTING DEREK 1002 E Ewing Av South Bend IN 46613 4511 MAEZ PAMELA S 1931 Malvern Way South Bend IN 46614 4512 ROCK AMY 1010 Ewing South Bend IN 46613 4513 CORP"SEE TRANS HISTORY NOTES` PO Box 12787 Scottsdale AZ 85267 4514 ROBB ANDREW & ROWE LARRY 64084 Miami Rd Bremen IN 46506 4515 GONZALEZ GERMAN 1022 Ewing South Bend IN 46614 4522 WOMENS OUTREACH MINISTRY INC 2018 Miami St South Bend IN 46613 4327 LCS REALTY TRUST 3305 N Anthony Blvd Fort Wayne IN 46805 4311 LAPIERRE PAMELA S 1112 E Ewing Av South Bend IN 46613 4310 HORRALL DENNIS & JANUS 16733 JACKSON RD South Bend IN 46614 2352 KELLEN LLC 309 Peashway South Bend IN 46617 2485 SOUTH BEND PUBLIC LIBRARY 122 W Wayne South Bend IN 46601 4526 FORSBERG ROBERT J II 2317 Miami St South Bend IN 46614 018-7122- 4328 TRUSTEE JAMES P BERNATH REV TR 12-19-94 % PDS TAX SERVICES P.o. Box 13519 Arlington TX 76094 4524 STITCH 'N TIME FABRICS LLC 2305 Miami Street South Bend IN 46614 2496 H. % WHITCOMB AND KELLER 1009 E Ewing Ave South Bend IN 46613 2497 SHEPARD JAYSON P 1013 E Ewing Ave South Bend IN 46613 2498 IVACIC JEROME P REV TRUST 3019 S Michigan St South Bend IN 46614 2353 COOK THOMAS 2214 Miami St South Bend IN 46613 2356 WEAVER PROPERTY SERVICES LLC P O Box 6766 South Bend IN 46660 2355 KELLEN LLC 309 Peashway South Bend IN 46617 2341 KELLEN LLC 309 Peashway South Bend IN 46617 2478 NEFF JERRY L JR 8 DEBORAH J 1006 E Fox St South Bend IN 46613 2479 BESSLER DONALD A 63411 Pine Road North Liberty IN 46554 2339 DUFFIN DAVID H 2208 Miami South Bend IN 46614 2480 LORETTA 1014 E Fox St South Bend IN 46614 018-7067- 2481 INT) JOSEPH A & DAWN M ROWLES (1/2 INT) 1018 Fox St South Bend IN 46613 2482 HAMILTON PATRICIA A 1022 Fox South Bend IN 46613 2483 NILSEN JOHN K 1032 E Fox St South Bend IN 46613 4523 STITCH 8apos;N TIME FABRICS LLC 2305 Miami Street South Bend IN 46614 4375 SALYER PAUL S 2404 Miami St South Bend IN 46614 4527 5 STAR INVESTMENTS PO Box 706 Middlebury IN 46540 4332 MASSA JOHN D 2322 Miami St South Bend IN 46614 4532 HUDSON KIM 8 SHARON 29645 CR 28 Elkhart IN 46517 4533 FUJITA FRANK 1022 Altgeld St South Bend IN 46614 2354 SUAREZ FEDERICO 10275 Cherrywood Ln Osceola IN 46561 018-7127- 4540 TRUSTEE RALPH J & JANE S FLORKOWSKI TRUST W/A LIFE ESTATE 2401 Miami St South Bend IN 46614 4309 MARKIEWICZ THOMAS J 1120 E Ewing Av South Bend IN 46613 4516 STOWE DONNA 1001 E Altgeld St South Bend IN x6614 2 4517 MILLER DANNI 1005 Altgeld St South Bend IN 46614 4518 SCHULTZ SUSANN 1013 Altgeld St South Bend IN 46614 4519 CHILDS TRAVIS D 8 KIMBERLY D 1015 E Altgeld St South Bend IN 46614 4520 ROSEANN EMISC 1017 E Altgeld St South Bend IN 46614 4330 SALVATION ARMY . P O Box 2603 Grand Rapids MI 49501 018-7067- 2494 TRUSTGRANTOR RETAIN LIFE ESTATE 1001 E Ewing South Bend IN 46613 2495 KLINE GREGORY E & LESLIE J 1005- E Ewing aVE South Bend IN 46613 4521 KUROWSKI EDWARD F 3602 S Ironwood Dr South Bend IN 46614 018-7122- 4329 TRUSTEE JAMES P BERNATH REVOC TR 12-19-94 % PDS TAX SERVICES P.o. Box 13519 Arlingtori TX 76094 4525 WISEMAN MARY BETH 5707 Aberdeen Dr South Bend IN 46614 4325 FINK GERALD E 8<ADAMS TERESA L 1113 E Altgeld South Bend IN 46614 4324 CENOVA AMY N 1115 Altgeld South Bend IN 46614 ~~t~~~ F EB 1 7 2010 WOMEN'S OUTREACH MINISTRY~N~ 2018 MIAMI ST ~ SOUTH BEND, IN 46613 ~ 574-233-2427 ~ WOMINiNC@GMAIL.COM February 9, 2010 To Whom It May Concern: This letter is in regards to the re-zoning of the property and building located at 2301 Miami Street, South Bend, Indiana, 46614, (including the addresses 1023 Miami, 1026 and 1034 Ewing Avenue within the building). This is to verify that Ocie M. Brazier, Director, is authorized to represent the above stated property in the re-zoning transaction from Mixed Use to Local Business. If you have any questions, please contact Women's Outreach Ministry, Inc. at 574-233-2427 or 574-876-8428. Thank you. Sincerely, ~ ~~~ ,, Selena Floyd - iti~~F~ Secretary, WOMINinc. ~~~ ~n ~~~~~ - Fti. ~E8 ~ ~ 2010 s~~~ w~,na. can c~~w~;~, -- .~ iE~ ~e. ~~~ ~~ r d _ ,~ ~~: ,.~; r. ` ~:.` ° .; ~. iz. ~~_ } ,.. _ - ' ~ .~~~._ .~ "~,~ _ ~:' '~;-~ :, e j`f Infoonat:on shown on this map Is not wartantetl for accuracy ~ ~ or merchantabildy. Reproduction W t: of this material is not possible 7 wflhout the written permission S of St. Joseph County, Intliana. 1 in = 25 feet ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 Miami Street, South Bend, Indiana, 46614 (including addresses 2303 Miami Street, 1026 and 1034 E. Ewing Avenue within said building), COUNCILMAN DISTRICT Three (3) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The zoning for the above address is currently mixed use. Our request is to have the zone changed to local business use. The purpose of the new zoning request is to allow a fish aquarium (pet store) and all other uses under the local business zoning to operate at the above address. 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: Lot 1, Weidler's (Charles) 1~` Addition 18-7127-4522 be and the same is hereby established as LB Local Business District SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk City Clerk day of Approved and signed by me on the day of , 2010, at o'clock .m. Mayor of the City of South Bend, Indiana Fi ~d In Clerk's ®~~l~s FEB 1 7 2010 JOHN V04RDE CITY CLERK, S0. E_ Et~_ Presented by me to the Mayor of the City of South Bend, Indiana on the 2010, at _ o'clock .m.