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HomeMy WebLinkAbout10015-10 Rezoning - 220 S. Taylor St. South Bend, INORDINANCE No. ,oo,s,a Passed by the Common Council of the City of South Bend, Indiana June 14, Attest: Attest: Presented by me to the Mayor of the City of Soutli Bend, Indiana June 15, 20 10 Approved and signed by me JOHN dune 15, 20 10 2010 City Clerk President of Common Council City Clerk ORDINANCE NO. ~ ~ ~ ~ - ~ ~ i AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 220 S. TAYLOR STREET COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE CURRENT ZONING IS MIXED USE. I WISH TO CHANGE IT TO SINGLE FAMILY 2. I LIVE AT THE HOUSE AND INTEND TO KEEP IT AS MY HOME. 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: A LOT OR PARCEL OF LAND 45 %z FEET IN WIDTH FROM NORTH AND SOUTH TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE NORTH SIDE OF LOT NUMBERED THIRTEEN (13) IN BLOCK NUMBERED THREE (3) AS SHOWN ON THE PLAT OF WILLIAM S. VAIL'S ADDITION TO THE CITY OF SOUTH BEND, RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA be and the same is hereby established as SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT SECTION II. 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 Presented by me to the Mayor of the City of South Bend, Indiana on the ~ S~ day of ~ ~c-~-e , 2010, at ~ `-l i o'clock ~.m. City Clerk ~ Approved and signed by me on the _ f ~ f~ day of 2010, at o'clock .m. ~~ Mayor of the Ci f South Bend, Indiana r~~ ~..s.rc;t ~~ (n~~,~ - Lc~ CLS .~t~t.~s~-vit,~s..~ REFERRED ~~;~' PA55[~ ~O -..l`~-~~0 cf~S SL~S~~~ APPi ~ 7 210 ~(. }'i I`i ~ivu~ r~ 4 CITY CLE:'Y, `^~ 6~ND, t J. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 18-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 220 S. TAYLOR STREET COUNCILMANIC DISTRICT COUNCIL DISTRICT #2 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 because of spelling errors in the title and legal description. 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: 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; MiJ 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. C.`~~"' /~ - h~ / Signature(s) of All Property owner(s) (~ or Attorney for all pro e~rty 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 ~.s=; ~,P;; "L 1 [aid JOtiFI YC~stae CITY CLEn~:, ~~. c^,~~i~, i~1, 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, w. hn W. Byorni JWB:jsc Attachment CC: Jean Dibble Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Stafff Rer~ort AP~C # 253-10 ®rvner: Jean Dibble ILocation: 220 S. Taylor Street ,)rurisdiction: 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. 1Land 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 pazking area zoned IV1U Mixed Use District and asingle-family residence zoned MF 1 Urban Corridor Multifamily District. ®istrict 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 s Criteria (per 1(C 36-7-~-603): ~. Comprehensive Plan: Policy )Plan: City Plan South Bend Comprehensive Plan. November 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. 1~ost 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. 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South Bend, Indiana 46601 ~',`' Phone: (574) 245-6583 o1e-3o1z o41r ~ S r ..ti o.,.,...i~ r......ti, o~...e~~ PARCELID NAME_1 MAILINGADD MAILINGCIT MAILING STA MAILIN GZIP 018-3011-0386 DOERS RONALD A TRUSTEE OF THE RONALD A DOERS REVOCABLE TRUST 1919 Ridgewood Cr South Bend IN 46617 018-3011-0387 DOERS RONALD A TRUSTEE OF THE RONALD A DOERS REVOCABLE TRUST 1919 Ridgewood Cr South Bend IN 46617 018-3047-1831 KELLY JOYCE A 607 W Wayne St South Bend IN 46601 018-3047-1832 GORBITZ ANN & EMORY 223 S Taylor St South Bend IN 46601 018-3048-184101 ST PATRICK CHURCH DIOCESE OF FT WAYNE 309 S Taylor South Bend IN 46601 018-3011-0375 RODRIGUEZ SALVADOR 225 S. William South Bend IN 46601 018-3012-0407 CITY OF SOUTH BEND 227 W Jefferson Blvd ste 1200 South Bend IN 46601 018-3012-0406 CITY OF SOUTH BEND 227 W Jefferson Blvd Ste 1200 South Bend IN 4660 018-3012-0408 CITY OF SOUTH BEND 227 W Jefferson Blvd Ste 1200 South Bend IN 4660 018-3012-0409 CITY OF SOUTH BEND 227 W Jefferson Blvd Ste 1200 South Bend IN 4660 018-3012-042001 CITY OF SOUTH BEND 1200 County City Bldg South Bend IN 46601 018-3011-0378 WACHOVIA BANK NATIONAL ASSOCIATION 3476 Stateview Blvd Fort Mill SC 29715 018-3011-0366 DOERS RONALD A TRUSTEE OF THE RONALD A DOERS REVOCABLE TRUST 1919 Rich Wood Circle South Bend IN 46617 018-3011-0376 REO HOLDINGS 1 LLC 3530 Skyline View Dr Reno NV 89509 018-3011-0367 BROOKS DELBERT C 10980 E Hwy 8 Culver IN 46511 018-3011-0368 DOERS RONALD A TRUSTEE OF THE RONALD A DOERS REVOCABLE TRUST 1919 Rich Wood Cr South Bend IN 46617 018-3047-1825 HOLVOET CHRISTOPHER S 617 W Wayne South Bend IN 46601 018-3047-1826 BINDER CLIFFORD JOSEPH 607 W Wayne St South Bend IN 46601 018-3047-1827 BINDER CLIFFORD JOSEPH 607 W Wayne St South Bend IN 46601 018-3011-0362 DIBBLE JEAN A 220 S. Taylor St South Bend IN 46601 018-3011-0373 AIDS MINISTRIES/AIDS ASSIST OF NORTH INDIANA INC Po Box 11582 South Bend IN 46634 018-3011-0377 ANDERSON FRANK 227 S. Williams St South Bend IN 46601 018-3011-0365 ROY GEORGE & MARY 228 S Taylor South Bend IN 46601 018-3047-1829 KELLY JOYCE A 607 W Wayne South Bend IN 46601 018-3047-1806 AAK PROPERTIES LLC 131 S Taylor St South Bend IN 46628 018-3011-0364 WATSON DWUAN L 8 MARILYN WATSON P O BOX 11061 South Bend IN 46634 018-3011-0361 WESOLOWSKI DONALD ~ HOLMES WILLIS JT W/ROS NOT TIC 216 S Taylor 46625 018-3047-1807 AAK PROPERTIES LLC 131 S Taylor South Bend IN 46601 018-3011-0382 W/EROS 212 Willliam St South Bend IN 46601 018-3011-0360 SANFORD JEFFREY L 8~ HALPIN ANDREA E 1203 E WAYNE ST South Bend IN 46615 018-3011-0374 UNGER JOHN & MARION 221 William St South Bend IN 46601 018-3011-0384 AMERICA INC P O Box 11582 South Bend IN 46634 018-3011-0363 HUGHES JAMES K & PENNY D 1918 Southern View South Bend IN 46614 018-3047-1828 BINDER CLIFFORD JOSEPH 607 W Wayne South Bend IN 46601 018-3047-1830 KELLY JOYCE A 607 W Wayne St South Bend IN 46601 018-3011-0359 TOWNSEND MARGARET A 210 S Taylor St South Bend IN 46601 018-3011-0358 LIFE TREATMENT CENTERS INC 1402 S Michigan St South Bend IN 46613 ~r ..i 018-3011-0357 EISENHOUR RICHARD % ALAN EISENHOUR 14680 Lincoln Hwy Plymouth IN 46563 018-3011-0369 AIDS MINISTRIES/AIDS ASSIST OF NORTH INDIANA INC 201 S William St South Bend IN 46601 018-3011-0380 418 WEST JEFFERSON INC 418 W Jefferson South Bend IN 46601 018-3010-0329 DOWNEY MARY THERESA & PARCHER MICHAEL JOSEPH ~ 912 Marengo Lane Nashville TN 37204 018-3010-032001 LIFE TREATMENT CENTERS INC 1402 S Michigan St South Bend IN 46613 018-3010-0320 GUZOWSKI RICHARD A 511 W Jefferson South Bend IN 46601 018-3011-0383 SMITH PATRICIA MCMAHON 2814 Miami St South Bend IN 46614 018-3011-0381 418 WEST JEFFERSON INC 418 W Jefferson South Bend IN 46601 018-3047-1801 AAK PROPERTIES LLC 131 S Taylor St South Bend IN 46628 fl~~~ iii ~~~i'~a'~ ~~~~~~ APR - 6 2010 ~ `. ,~ ~, y ~.1 U ` ~: ~~, X1;3 ~ 1S M U ~ ' M U ~ ~~ ~a~.~ ...E,. • 9s ~ ( I ~r ~. . . ~ ~ ~ .... 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Dribble File No.: 09-389 Property Address:220 S. l'aylor Street Case No.: 1st F.S.B.Rochester City: South Bend _ State: In Zip: 46601 Lender: First Federal Savings Bank-Mishawaka 48.0' 116.0' Loti; ~ 13 Vails Subdivision ho«s~ _ es.o~ South Taylor Street 116.0' ~il~t~ In Ciet~l~'~ ~~oac~ APR - 6 2010 JCH~i YO:~i^vE CITY CLt:';ii, 4C. Bi'1~7, IN: in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Lcan does not qualify as a "federally related mortgage loan" under }ZESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower' s obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purnese, Borrower does hereby mortgage, grant and convey to Lender and Lender's successors and assigns, the following described property located in the County [Type of Recording Jurisdiction] Of ST JOSEPH [Name of Recording Jurisdiction] A LOT OR PARCEL OF LAND 45 1/2 FEET IN WIDTH FROM NORTH AND SOUTH TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE NORTH SIDE OF LOT NUMBERED THIRTEEN (13) IN BLOCK NUMBERED THREE (3) AS SHOWN ON THE PLAT OF WILLIAM S. VAIL'S ADDITION TO THE CT'~Y OF SOUTH BEND, RECORDED IN THE OFFICE OF THE RECORDER OF ST JOSEPH (:OUNTY, INDIANA. ~1'C'~ ~1~ r'~b'~~'~ (31r~$IC@ APR - ~ 2010 JC'r'FJ'JCO.i^uE clrr c~Er; <, cc. ~:~c, IRl. Parcel ID Number: ("Property Address"): SOUTH BEND 220 TAYLOR ST which currently has the address of [Street] [City], Indiana 46601 [Zip Code] TOGETHER WITH all the improvements rtow or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 2 0 0121418 Initials: t~®6(IN) (0005) Page~3 of 15 Form 3015 1101