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Home My WebLink About06-14-10 Zoning & Annexation CommitteeZoning and Annexation Committee Meeting 2010 South Bend Common Council The June 14, 2010 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by its Chairperson Council Member AI "Buddy" Kirsits at 4:00 p.m. in the Council's Informal Meeting Room, 4t Floor of the County-City Building. Persons in attendance included Council Members: Dieter, LaFountain, Puzzello, Varner, Rouse, Kirsits, Oliver Davis and Henry Davis, Jr.; Mayor Stephen Luecke, Rita Kopola, Professor Marty Wolfson, Derek Spier, Jean Dibble and Kathleen Cekanski-Farrand, Council Attorney, and Jeff Parrott of the South Bend Tribune. Council Member Kirsits noted that the committee members include Council Members Oliver Davis who is the Vice-Chairperson, Dr. Varner, Thomas LaFountain and himself. Substitute Bill No. 18-10 Rezoninct for 220 South Taylor Street Council Member Kirsits called for a report from Area Plan on Substitute Bill No. 18-10. Derek Spier of Area Plan reported that the petitioner is requesting to re-zone the property located at 220 South Taylor from MU Mixed Use District to SF2 Single Family and Two Family District. The petitioner plans to convert the property which had been used as an attorney's office back to residential use. Mr. Spier noted that there were no remonstrators at the May 18th Area Plan Commission meeting. The Area Plan Commission sends the Bill to the Common Council with a favorable recommendation. Jean Dibble, the petitioner, of 220 South Taylor Street, South Bend, Indiana 46601 stated that she is in the process of remodeling the structure and is anxious to make it her home. Council Member Henry Davis, Jr., who represents the area thanked the Petitioner for her commitment to the area and to the City of South Bend. Council Member AI "Buddy" Kirsits also thanked the petitioner for her intentions of returning the property back to a single family home. There was no one from the public to speak in favor or in opposition to the Bill. Council Member Oliver Davis made a motion, seconded by Dr. Varner that Substitute Bill No. 18- 10 be recommended favorably to Council. The motion passed. There was no miscellaneous business. Council Member Kirsits then adjourned the meeting at 3:22 p.m. ~~- ~ < < Respectfully submitted, Council Member AI "Buddy" Kirsits, hairperson Zoning and Annexation Committee Attachments 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 May 19, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Jean Dibble to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 220 S. Taylor Street, City of South Bend - APC# 2553-10 Dear Council Members: I hereby Certify that the above referenced ordinance of Jean Dibble was legally advertised on Thursday, May 6, 2010 and that the Area Plan Commission at its public hearing on Tuesday, May 18, 2010 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Jean Dibble to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 220 S.Taylor Street, City of South Bend is sent to the Common Council with a favorable recommendation. Several of the structures on this same block have been converted back to single-family uses. It is appropriate at this time to allow for the existing structure to continue to be used as asingle-family residence. Such a use is compatible with the adjacent office, single-family residential, and multi-family residential uses. 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, ~~ hn W. Byorni JWB:jsc Attachment CC: Jean Dibble Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APcC # 2553-10 ®vo~ner: Jean Dibble )<,ocation: 220 S. Taylor Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow an existing house to continue to be used as asingle-family residence. ]Land Uses and Zoning: On site:' On site is an existing structure that is currently being used as asingle-family residence. North: To the north is an insurance /investment planning office, an attorney's office, and three single-family residences zoned MU Mixed Use District. East: To the east is AIDS Ministries, multi-family residential, and asingle-family residence all zoned MU Mixed Use District. South: To the south are three single-family residences zoned MU Mixed Use District. West: To the west is a parking area zoned IVtU Mixed Use District and asingle-family residence zoned MFl Urban Corridor Multifamily District. District uses and development standards: The SF2 Single Family Residential District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that are compatible with an urban residential neighborhood. The availability of public facilities (e.g., public water, public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for development within this district. Site plan description: No site plan is required for rezoning to the SF2 District. An existing structure is located on the site which is currently being occupied as asingle-family residence. Zoning and land use history & trends: Prior to the 2004 update of the City Zoning Ordinance, the entire block was zoned "B" Residential. The prior use of the existing structure was an attorney's office. In July 2009, the City Council denied a special exception request to allow this property to be used as a group residence. Traffic and transportation considerations: Taylor Street is two lanes. The site is also adjacent to a north-south and aneast-west alley. Utilities: The site will continue to be served with municipal sewer and water. Additional information: (Agency comments) Both the City of South Bend Department of Community and Economic Development and the St. Joseph County Historic Preservation Commission supports this rezoning petition. The City Engineering Department has no objection. Jean Dibble #2553-10 Page 1 of 1 3 Criteria {per dC 36-7-4-603): ~. Comprehensive Plan: Policy Plan: CitY,Plan South Bend Comprehensive Plan i`lovember 2006. H 2.6 Encourage homeowners to maintain their homes. Rezoning to the SF2 District will allow the homeowner to continue to utilize the property and maintain it as asingle-family residence. Land >(Jse Plan: The Future Land Use Plan shows this area as Mixed Use and High Density Residential. 2. Current conditions and character: The site is occupied by a two-story residential structure with a fenced in rear yard. 3. lost desirable use: The most desirable use of the property is as asingle-family residence or those permitted uses within the MU Mixed Use District. 4. Conservation of property values: The surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to allow the existing structure on this site to continue to be used as asingle-family residence. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the City Council with a favorable recommendation. Analysis: Several of the structures on this same block have been converted back to single-family uses. It is appropriate at this time to allow for the existing structure to continue to be used as asingle-family residence. Such a use is compatible with the adjacent office, single-family residential, and multi- family residential uses. Jean Dibble #2553-10 Page 2 of 2 SF2 .~ ~i1tlF? r~ x. Jefferson SF2 +, y 0 ~! Napier nau D.4U Mu S Wayne hlru r, ~o .J efFe r so n MU 0 MU Wayne o MU GB 1- GB MU r~~u GB Rezo~~i~>ig from: "MU" MIXED USE DISTRICT to "SF2" SINGLE FAMILY & TWC) FAMILY DISTRICT Zoning Key ~. SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "G B" GENERAL BUSINESS DISTRICT N .1_ '~ ~~ ', W~ ~;~~E .`T_. S 1 inch = 15Q feet 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: 220 S. TAYLOR STREET 2) Name and address of property owner(s) of the petition site: JEAN DIBBLE 220 S. TAYLOR STREET SOUTH BEND, IN 46601 3) Name and address of contingent purchaser(s), if applicable: Name Full Address and Phone Number 4) It is desired and requested that this property be rezoned from; MU MIXED USE DISTRICT to; SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT 5) This rezoning is requested to allow the following use(s): TO BE USED AS A SINGLE FAMILY RESIDENCE 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. t~ ~ Signature(s) of All Property owner(s) \,-u~'`~- /~ - ~ h~ ~ or Attorney for all property Owner(sl PETITION PREPARED BY: CONTACT PERSON: (If different) Name: JEAN DIBBLE 220 S. TAYLOR STREET SOUTH BEND, IN 46601 574-287-8130 jdibble@nd.edu ~~ ~',{~ii ~ / L3,i~ ~ yF __--~~ ^..~ CITY GLF=~t ~~'. u ~Pr:~ -