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Home My WebLink About9689-06 Rezoning 1954 Prarie Ave. - District 6ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana August 14, Attest: .____--. Attest: ~~ Presented by me to the Mayor of the Ciry of Soutli Bend, Indiana August 15, 20 06 06 20 Ciry Clerk President of Common Council Approved and signed by me A u ca u s t 16 , 20 0 6 ~~~.~-' ~~ City Clerk Mayrn ORDINANCE NO. ~ bg~'dSO AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1954 PRAIRIE AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The current site contains a 2 stall garage and an asphalt parking lot. The site is currently zoned LB Local Business. The request is to rezone the site to CB Community Business to allow for an automobile repair shop. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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 Twenty (20), Twenty-One (21) and Twenty-Two (22) all as shown on the recorded plat of Prairie Ave Heights Addition to the City of South Bend, Indiana. be and the same is hereby established as CB Community Business 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. r-~ ~ /~- Member of the on Council Attest: Cle k Presented by me to the Mayor of the City of South Bend, Indiana on the i S-{ day of ~ , 2006, at I'• ~~ o'clock ~.m. i City CI ~- Approved and signed by me on the ~~ day of _~~~c-~-a ~ , 2006, at _~ o'clock~.m. Mayor, City of uth Bend, Indiana ~~eY~'s pfi~ice Filed In 1st READING S_8'',t~~ PUBLIC HEARING ~-~~ti-~~ 3 rd READING g -~ mil- G~ ~~OT APPROVED OU EfERRED ~ ~~D- ~~ ~yASSED ~ , ~ ~- p~ ~OF1DE ~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 30-06 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1954 PRAIRIE AVENUE, COUNCILMANIC DISTRICT 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. Karen L. White Chairperson Date Filed Application No. Date received by the Area Plan Commission 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: 1954 Prairie Avenue 2.) Name and address and phone no. of property owner(s) of the petition site: Greg Ferro Phone: 574-287-5712 1832 Prairie Avenue Fax: 574-289-2763 South Bend, Indiana 46613 3.) Name and address and phone no. of contingent purchaser(s), if applicable: none 4.) It is desired and requested that this property be rezoned from LB Local Business District to CB Community Business District 5.) This rezoning is requested to allow the following use(s): An automobile repair shop in the existing 2 stall garage. 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 petitioned 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. Greg Fer o Petition Prepared By: Lang, Feeney & Associates, Inc. J. Bernard Feeney (contact person) 715 South Michigan Street South Bend, Indiana 46601 574-233-1841 Filed in Chris's 0#~i~e l3AY - 3 ZOQS JANN VOOR7E CrfY CLERK, So. F-sND, !N. ~~ - WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. May 2, 2006 City of South Bend Common Council 4`h Floor, County-City Building South Bend, Indiana 46601 Re: Rezone Petition Statement of Intent for: 1954 Prairie Avenue To the Common Council, SUB-DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS The petitioned pazcel is located at 1954 Prairie Avenue in South Bend. The pazcel is currently zoned LB-Local Business District and contains an existing 2 stall garage and asphalt parking lot. The petitioner wishes to locate an automobile repair shop within the existing building and utilize the existing parking lot. In order to achieve this, a rezoning to CB-Community Business shall best suit the purposed, while utilizing all the existing features. Sincerely, -Ccow~ ~ . LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING • CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374 ~!l~~d to ~lpjlc's ~'lce l~AY _ 3 2006 aa~N v~~>ace 018-8083-3184 018-8083-3182 018-8083-3183 Barbara Wilson Robert & Pauline Gundeck Melody Heintzelman 2115 Glen 1966 Prairie Avenue 26140 Brush Trail South Bend IN 46613 South Bend IN 46613 South Bend IN 46628 018-8080-3057 018-8140-5057 018-8141-5070 Loretta Northam Burger Olga Alcaraz Matthew Carpenter 1989 Prairie 192 South Jackson Street 2004 South Jackson Street South Bend IN 46613 South Bend IN 46613 South Bend IN 46613 018-8141-5067 018-8141-50690,018-8140-5143 018-8141-506701 Jose & Maria Garcia, Und. 'h Int. & Jesus Ardmore Lasalle Church of Christ Garcia, Und. lh Int, ten tyros Michael & Charlotte Flora 55501 Moss Road 1969 Prairie Avenue 1971 Prairie Avenue South Bend IN 46628 South Bend IN 46613 South Bend IN 46613 018-8140-5052 018-8140-5051 018-8140-5050 Guadalupe Reyes Ulis & Terry Chandler Samantha Finch 1710 West Calvert Street 1706 West Calvert Street 1702 West Calvert Street South Bend IN 46613 South Bend IN 46613 South Bend IN 46613 018-8140-5049 018-8140-5048 018-8140-5047 Joyce Bailey Jerry Ingle Franklin & Joann Smith 1956 West Calvert 23984 Osborne Road 1648 West Calvert Street South Bend IN 46613 South Bend IN 46614 South Bend IN 46613 018-8140-5042 018-8140-5046 Michael & Charlotte Flora 018-8140-5044 William Vanscoyk & Leila Phillips Patricia Smith 1955 Prairie Avenue 1644 West Calvert South Bend IN 46613 1945 Prairie Avenue South Bend IN 46613 South Bend IN 46613 018-8140-5045 018-8077-2958 018-8077-2959 Betty Fodrocy & Kim & Christine Poyser Sandra Waggoner Christy Stabler 1941 Prairie Avenue 1933 Prairie Avenue 1929 Prairie Avenue South Bend IN 46613 South Bend IN 46613 South Bend IN 46613 018-8077-2960 018-8081-3080, 208401, 308201, 308501 018-8081-308301 Michael Tuna Richard Sego Jonathan Okhiria 2118 West Indiana Avenue 1924 Prairie Avenue 1129 Cleveland Road South Bend IN 46613 South Bend IN 46613 South Bend IN 46628 018-8081-3086 018-8081-3087 018-8081-3088, 3089, 3090 Melissa Luan Samuel & Jeanette Hale Andrew Greathouse 11268 Anderson Lake Drive 22684 County Road 118 2021 South Gertrude Street Granger IN 46530 Goshen IN 46528 South Bend IN 46613 018-8081-3092 018-8081-3093 018-8081-3094 Jose & Maria Soldedad Robledo Huizar Thomas Ross George & Marjorie Ditman 2101 South Gertrude Street 2105 South Gertrude 2111 South Gertrude Street South Bend IN 46613 South Bend IN 46613 South Bend IN 46613 018-8081-3070 018-8081-3095 018-8081-3071 Darrel & Gail Patzkowsky Alfonso Ortiz Douglas Fodrocy /o Valley Home Mortgage 2113 South Gertrude Street 1323 Cambridge Drive P O Box 328 South Bend IN 46613 South Bend IN 46614 South Bend IN 46624 018-8081-3069, 3068 018-8081-3067, 3066, 3065, 3064 018-8081-3063, 3062 Nathan Rondot George & Eva Osbach Harry & Margie Brenneman 2110 Dorothy 2104 Dorothy 2014 Dorothy Street soutn t3ena rrr soots Soutn tsena rrt ~tstst~ ~outn tiena rrr ~atst3 018-8081-3061, 3060 018-8081-3059 018-8082-3127 John Kleinichert John Kleinichert Kimberlee Pickett-Mihal P O Box 2102 1932 Prairie Avenue 2017 Dorothy Mishawaka IIV 46546 South Bend IN 46613 South Bend IN 46613 018-8082-3128 018-8082-3129 018-8082-3130 Jeffrey & Jill Swartz Fay David Saddawi & Saleh Manea Brenda Abbett 2101 Dorothy Street 2105 Dorothy Street 2109 Dorothy Street South Bend IN 46613 South Bend IN 46613 South Bend IN 46613 018-8082-3131 018-8082-3132 018-8082-3133 Jeffrey & Kiley Blackmar Lynda Johnson Saul & Ceilia 2113 South Dorothy Street 2135 Riverside Drive 2121 Dorothy Street South Bend IN 46613 South Bend IN 46628 South Bend IN 46613 018-8082-3134 018-8082-3114 018-8082-3113 Randall Carnes Gustave Vanacker Prince Jacobs 2125 Dorothy Street 2132 Glen Street 2124 Glen Street South Bend IN 46613 South Bend IN 46613 South Bend IN 46613 018-8082-3112, 3110, 3109 018-8082-3111 018-8082-3108 John & Irene Japa J.W. Hamilton Jose Molina 2108 Glen Street 2116 Glen Street 1960 Prairie Avenue South Bend IN 46613 South Bend IN 46613 South Bend IN 46613 018-8082-3107, 3106 Michael Mantei 1968 Prairie Avenue South Bend IN 46613 ' 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 Fax 574 235-9813 July 19, 2006 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Greg Ferro to zone from "LB" Local Business to "CB" Community Business, properly located at 1954 Prairie Avenue, City of South Bend, as tabled - APC# 2383-06 Dear Council Members: I hereby Certify that the above referenced ordinance of Greg Ferro was legally advertised on Thursday, June 8, 2006 and that the Area Plan Commission at its public hearing on Tuesday, July 18, 2006 took the following action: Upon a motion by Robert Hawley, being seconded by Roland Kelly and unanimously carried, the proposed ordinance and site development plan of Greg Ferro to zone from "LB" Local Business to "CB" Community Business, property located at 1954 Prairie Avenue, City of South Bend, as tabled is sent to the Common Council with a favorable recommendation. With the recently updated zoning ordinance landscaping requirements, the approval of this petition would help to beautify this site and the neighborhood. The residents of the surrounding area could be well served by a viable business. It is consistent with the goals of the Comprehensive Plan. The rezoning would be consistent with the Commercial Activity goals of the Rum Village Neighborhood Action Plan. 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 Jo n W. Byorni JWB:sr Attachment CC: Greg Ferro Lang, Feeney & Associates, Inc. o~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana v Staff Report APC # 2383-06 Owner: Greg Ferro Location: 1954 Prairie Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "LB" Local Business to "CB" Community Business to allow for an existing building to be used for an automobile repair shop. Land Uses and Zoning: On site: On site is a vacant building formally used as a gas station with two bays. North: To the north are single-family homes zoned "SF2" Single-Family Residential. East: To the east are single-family houses zoned "MU" Mixed Use and "SF2" Single- Family Residential. South: To the south are single-family houses zoned "SF2" Single-Family Residential. West: To the west are single-family houses zoned "SF2" Single-Family Residential and "MU" Mixed use and a tavern zoned "MU" Mixed Use. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is 0.35 acres, in size. The 1,300 square foot building covers 8.5% of the site. Seven parking spaces and concrete cover 73% of the site. There is 18.5% open space. Zoning and land use history & trends: Prior to the adoption of the new zoning map in 2004 this parcel was zoned "C" Commercial, "D' Height and Area. Under the old "C" Commercial designation, gasoline service station with repair was allowed. Traffic and transportation considerations: Prairie Avenue (State Road 23) is a two-lane road at this location. MACOG counted 6,998 cars a day on Prairie Avenue at a point north of Gertrude Street in 2004. Utilities: The site will be served by municipal water and sanitary sewer. Additional information: (Agency comments) The City Engineer requested a drainage plan and stated that all work in the right of way needs to be approved by the Indiana Department of Transportation. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Goal 2: Encourage the economic development of the county and its municipalities. Objective C: Develop quality business areas to meet the retail and service needs of the planning area. Greg Ferro #2383-06 Page 1 of 3 The petition is consistent with the Comprehensive economic policy. Land Use Plan: The area is not designated for a specific use by the Land Use Plan. Plan Implementation/OtherPians: The Rum Village Neighborhood Action Plan (May 1995), under the section Problems and Land Use Issues, Commercial Activity (Pg 22) states: "Opportunities for both infill commercial development and eliminating store vacancies along the major arterials through the neighborhood. Strengthening the commercial base of the neighborhood by reducing the number of vacancies will give neighborhood residents a wider variety of shopping opportunities, while also contributing to the long-term stability of the Rum Village Neighborhood." This petition is consistent with the Commercial Activity Goal of the Rum Village Neighborhood Action Plan. 2. Current conditions and character: There is an abandoned service station/automobile repair building with two service bays on the premise. The surrounding area consists mostly of single family residences. There are commercial uses both one block west and east of the site. 3. Most desirable use: The most desirable use would be for a commercial activity that will serve and benefit the surrounding neighborhood. 4. Conservation of property values: Should this properly be rezoned, surrounding property values should not be negatively affected. Re-use of an abandoned property will remove a neighborhood liability. 5. Responsible development and growth: It is responsible development and growth to encourage the redevelopment of vacant buildings. The redevelopment of this site will require it to conform to current design and landscaping standards. 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: With the recently updated zoning ordinance landscaping requirements, the approval of this petition would help to beautify this site and the neighborhood. The residents of the surrounding area could be well served by a viable business. It is consistent with the goals of the Comprehensive Plan. The rezoning would be consistent with the Commercial Activity goals of the Rum Village Neighborhood Action Plan. Greg Ferro #2383-06 Page 2 of 3 C O aL U ""~ t ~B ~; =F2 i SF2 C y {', SF2 SF2 7, i REZONING FROM: "LB" LOCAL BUSINESS TO: °CB" COMMUNITY BUSINESS N t r~~r .:, CITY 4F SOUTH BEND ZONING w ~; ~-E {"f C/ SOUTH_BEND,LB SOUTH_BEND, MU 1 inch equals 1 ~~ feet :_~' souTH_BEND, sF2 APC # 2383-06 V N ~F=' ~ 'L -F~ i ~~ t ~ ~ ~~ ~:~ ~ `~ ~~ \ .,`le ~- ~ ~ ~~ ~ a~3 n~u I .. A t O SFZ O Q Greg Ferro #2383-06 Page 3 of 3