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HomeMy WebLinkAbout9704-06 Rezoning 5117 South Ironwood Dr - District 5 ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana October 9, 20 06 Attest: Attest: Presented by me to the Mayor of the City of Sorrth Bend, Indiana October 10, 06 20 City Clerk President of Common Council City Clerk Approved and signed by me o c t n b e r 10 , 20 pyi_ ~~~- Mayor ORDINANCE NO. 1 Dom{--0~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5117 SOUTH IRONWOOD DRIVE, COUNCILMANIC DISTRICT No. 5, IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The petitioner wishes to convert the existing house in to an office facility and changing the zoning from SF1 Single Family and Two Family District to OB Office Buffer District. 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: A parcel of land being a part of the Northeast Quarter of Section 31, Township 37 North, Range 3 East, Centre Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the northeast comer of the Northeast Quarter of said Section 31; thence South 00°06'55" West along the east line of said Section 31, a distance of 115.50 feet to the point of beginning; thence continuing South 00°06'55" West along said east line, a distance of 201.78 feet; thence North 89°28'31" West, a distance of 176.82 feet; thence North O1°12'57" West, a distance of 201.38 feet; thence South 89°37'49" East, a distance of 181.50 feet to the point of beginning containing 0.83 acres more or less be and the same is hereby established as OB Office Buffer 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. t ,..~- / ~ Zc,it-~ Member of the C on Council Attest: Cit Cler Presented by me to the Mayor of the City of South Bend, Indiana on the f 4th day of l'`~c.~-o~e.v , 2006, at 2'~`l~ o'clock ~.m. i~`~-+ City Cler c 9.tf~ Approved and signed by me on the ~ day of , 2006, at ~'~D o'clock m Mayor, City of uth Bend, Indiana 1 st READING o - ~~~~ ~ PUBLIC HEARING (O~~'~ rd READING (®-c`_o~o NOT APPROVED REFERRED ~'4A_'P~-"-"'~ ~-l~~s° PASSED l0 -~ - O~ Filed (n Clerk's Office AUG ~ 8 2006 JOHN VOORDE CITY CLEiiK, S0, BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 50-06 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5117 SOUTH IRONWOOD DRIVE, COUNCILMANIC DISTRICT NO. 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 . Roland Kelly 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: 5117 South Ironwood Road 2.) Name and address and phone no. of property owner(s) of the petition site: St. Joseph County 4H Fair, Inc. 5117 South Ironwood Drive South Bend, Indiana 46614 3.) Name and address and phone no. of contingent purchaser(s), if applicable: none 4.) It is desired and requested that this properly be rezoned from SF1 Single Family and Two Family District to OB Office Buffer District 5.) This rezoning is requested to allow the following use(s): To convert the existing house into office space. 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'/z X 11. ~`'¢"`_ St. Joseph County 4H Fair, Inc. Lee Slavinskas, Fair Board President 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 Clerk's Office AUG ` 8 2006 JONN VOORQE CtiY CLERK, S0. E3END, IN. 023-1034-1720 023-1034-1724 023-1027-1529 ST. JOSEPH COUNTY 4H FAIR, INC. ROBERT & JUDITH GALLOWAY MARY ANN TRENSEY 5117 S. IRONWOOD DRIVE 20502 JOHNSON ROAD 2015 RENFREW DRIVE SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 023-1027-1528 023-1027-1517 023-1027-1518 LOUIS & CAROLYN JAKAB KATHIE BROWN WII.BUR & WANDA HARRAH 2122 THORNHILL 2016 RENFREW DRIVE 2138 THORNHILL DRIVE SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 023-1027-1527 023-1027-1526 023-1027-1525 DONALD THOMPSON TROY HEDSTROM GREG TATAY 2117 THORNHILL DRIVE 2101 RENDREW DRIVE 2115 RENFREW DRIVE SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 023-1027-1524 023-1027-1523 023-1027-1522 REBECCA SMITH ERICK HUMES & SARAH SULT BRUCE & LAILA FINGERHUT 2119 RENFREW DRIVE 2122 RENFREW COURT 2118 RENFREW DRIVE SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 023-1027-1521 023-1027-1520 023-1027-1519 JOHN & ROBIJO BURZYNSKI LARRY TURNER & SARAH BROWN THERESA HILL 2114 RENFREW COURT 6448 ARMSTRONG DRIVE 60861 WHISPERING HILLS SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 014-1167-6219 014-1167-6214 014-1167-6216, 6218 NIPSCO DAVID & MARGARET McLAREN SHARON GIBBENS ATTN: PROPERTY TAX DEPT. 59850 IRONWOOD DRIVE 59880 S. IRONWOOD ROAD 801 E. 86~ AVENUE SOUTH BEND IN 46614 SOUTH BEND IN 46614 MERRILLVILLE IN 46410 014-1167-6287 014-1167-6220, 6221 026-1035-058907 JIlVIMY & KAREN SCOTT AURELIANAO & PATRICIA ROCHA MARK & LUCINDA MORIARTY 59975 MIDDLEBORO ROAD 17923 JACKSON ROAD 2259 HARWOOD STREET SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 026-1035-058906 026-1035-058905 026-1035-058904 ROCKIE & JANINE DODDS TERRY & DONNA CLINE JOHN FOSTER 2251 HARWOOD 5125 CANTON STREET 5133 CANTON STREET SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 026-1035-058903 026-1035-058920 026-1035-058918 TERRY QUIlVIBY BRUCE WUKOVITS BRETT QUIl~IBY 2243 CHESIRE DRIVE 5209 CANTON STREET 5225 CANTON STREET SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 026-1035-058917 026-1035-058916 026-1035-058922 SCOTT & TARA SMITH JAIl\~fE & ELIZABETH SMITH VERN & RAMRATTIE CARSON 5233 CANTON STREET 2250 CRANSTON STREET 2251 CRANSTON SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 026-1035-058923 026-1035-058931 026-1035-058921 CLELAND BUILDERS, INC. METAXIA HOATH META HOATH 2259 CRANSTON STREET 2260 CHESIRE DRIVE 5210 CANTON STREET SOUTH BEND IN 46614 SOUTH BEND IN 46614 SOUTH BEND IN 46614 026-1035-058940 026-1035-058932 ALAN & RENEE ARICO DENNIS & VIRGINIA WEAVER 2260 HARWOOD STREET 5134 CANTON STREET SOUTH BEND IN 46614 SOUTH BEND IN 46614 = 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 WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. August 7, 2006 City of South Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Re: Rezone Petition Statement of Intent for: 5117 South Ironwood Drive To the Common Council, SUB-DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS The petitioned parcel is located at 5117 South Ironwood Drive in South Bend. The parcel is currently zoned SF1 Single Family and Two Family District and contains one existing building. The petitioner wishes to locate an office facility within the existing building. In order to achieve this, a rezoning to OB Office Buffer District shall best suit the purposed use, while utilizing all the existing features. Sincerely, eJ1~c~nb Filed In Cf~rk's O~~ce A(JG ' 8 2000 JOHN VOORDE CmCLER.K, S0. B~ .FlD, IN 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 September 20, 2006 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, 1N 46601 RE: A proposed ordinance and site development plan of St. Joseph County 4H Fair, Inc. to zone from "SF1" Single and Two Family to "OB" Office Buffer, property located at 5117 South Ironwood Drive, City of South Bend - APC# 2397-06 Dear Council Members: I hereby Certify that the above referenced ordinance of St. Joseph County 4H Fair, Inc. was legally advertised on Thursday, September 7, 2006 and that the Area Plan Commission at its public hearing on Tuesday, September 19, 2006 took the following action: Upon a motion by Robert Hawley, being seconded by Roland Kelly and unanimously carried, with Phil Sutton abstaining, the proposed ordinance and site development plan of St. Joseph County 4H Fair, Inc. to zone from "SF1" Single Family and Two Family to "OB" Office Buffer, property located at 5117 South Ironwood Drive, City of South Bend, is sent to the Common Council with a favorable recommendation. The rezoning is consistent with the Comprehensive Plan economic objective, which is to develop quality business areas to meet the retail and service needs of the planning area. The types of permitted uses in the "OB" Office buffer district are typically less commercial in appearance and are architecturally more harmonious with residential structures. The rezoning meets the intent of the "OB" Office Buffer District, which is for small scale uses such as offices that serve as a buffer between residential districts and more intense commercial or industrial districts. 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, ~l~ ~~L~c~hn W. By i JWB:sr Attachment CC: St. Joseph County 4H Fair, Inc. J. Bernard Feeney Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Resort APC # 2397-06 Owner: St. Joseph County 4H Fair, Inc. Location: 5117 South Ironwood Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "SF1" Single Family and Two Family to "OB" Office Buffer to allow the conversion of an existing house into office space. Land Uses and Zoning: On site: On site is asingle-family house zoned "SF1" Single Family and Two Family. North: To the north is asingle-family house zoned "SF1" Single Family and Two Family. East: To the east across Ironwood Drive is the Staffordshire Estates residential subdivision zoned "SF1" Single Family and Two Family. South: To the south is the St. Joseph County 4H fairgrounds zoned "SFI" Single Family and Two Family. West: To the west is the St. Joseph County 4H fairgrounds zoned "SF1" Single Family and Two Family. District uses and development standards: The "OB" Office Buffer District is established to promote the development of small scale office, professional, business, governmental 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. Site plan description: The site is 0.83 acres (36,107.14 square feet). The existing house is 2,452.32 square feet covering 7% of the site. The four parking spaces and paved area cover 19% of the site. Open space- landscaping cover 74% of the site. The property will be accessed from the existing curb cut on Miami Highway. The property will utilize residential landscaped buffer screening along property lines. Traffic and transportation considerations: Ironwood Drive and Jackson Road are two lanes roads. Utilities: The property will be served by municipal water and sewer. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Objective C: Develop quality business areas to meet the retail and service needs of the planning area. The rezoning is consistent with the Comprehensive economic objective. St. Joseph County 4H Fair, Inc. #2397-06 Page 1 of 3 Land Use Plan: The Land Use Plan generally recommends the area south of the petition site for residential growth. The rezoning does not conflict with the Land Use Plan, because it will act as a buffer between the fairgrounds and residential areas. 2. Current conditions and character: The property is located adjacent to the St. Joseph County 4H fairgrounds. There are residential subdivisions in the surrounding area. 3. Most desirable use: The most desirable use is office orsingle-family residential. 4. Conservation of property values: The property values of the surrounding houses should be conserved with the rezoning. 5. Responsible development and growth: It is responsible development and growth to recognize the conversion of existing buildings to other types of uses. 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 rezoning is consistent with the Comprehensive economic objective, which is to develop quality business areas to meet the retail and service needs of the planning area. The types of permitted uses in the "OB" Office buffer district are typically less commercial in appearance and are architecturally more harmonious with residential structures. The rezoning meets the intent of the "OB" Office Buffer District, which is for small scale uses such as offices that serve as a buffer between residential districts and more intense commercial or industrial districts. St. Joseph County 4H Fair, Inc. #2397-06 Page 2 of 3 Carrbridge P Broadford s 3 Hartman o 1 (G ~J T _ ~J O d Renfrew Q ~ c o ~ o .~ .a 1 ~ Jackson Jackson Harwood Ches ire c R SFi U Cranston REZONING FROM: "SF1"SINGLE FAMILY RESIDENTIAL TO: "OB" OFFICE BUFFER N SOUTH BEND AND ST. JOSEPH COUNTY ZONING W ~'~. E 'r~i _ COUNTY"R" RESIDENTIAL ` ~ SOUTH RENO "SF1"SINGLE FAIMLY RESIDENTIAL S. PENN TOWNSHIP 1 inch equals 200 feet APC # 2397-06 St. Joseph County 4H Fair, Inc. #2397-06 Page 3 of 3