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Home My WebLink About10027-10 Rezoning - 1219 Mishawaka Dr. South Bend, INORDINANCE No. ,oo~~,a Passed by the Common Council of the City of South Bend, Indiazta August 9, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 10, 20 10 City Clerk ~esident of Common Council City Clerk Approved and signed by me /~~ ~ ~ S "~ ~ Z 20 ~ ~ 20 10 ~f ~ux ~~ Mayer ORDINANCE NO. I. pOZ~ .la AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1219 MISHAWAKA AVENUE, SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDLANA STATEMENT OF PURPOSE AND INTENT The building is presently a commercial building with mixed use zoning. It has been empty for considerable amount of time. Rezoning for residential use is requested to restore the building to its original design, maintaining its commercial appearance and convert the interior of the building to a loft style two person residence. 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: Whitcomb & Keller's 3~d Sunnymede Addition, Part of Lots 506 & 507 described as follows: Beginning at the most Easterly corner of Lot 507, thence Northwesterly with the Northeasterly line of Lot 507 a distance of 41.4 feet; thence Southwesterly at a right angle with the last described line a distance of 35.1 feet; thence Southwesterly a distance of 101.2 feet to a point of the Southerly line of Lot 506, which point is 8 feet Northwesterly from the most Southerly corner of Lot 506; thence Southeasterly with the Northerly line of Mishawaka Avenue a distance of 15.7 feet; thence Northeasterly 119.45 feet to the place of beginning excepting a strip of land 10 feet wide adjoining Mishawaka Avenue which has been dedicated to the public for the widening of Mishawaka Avenue. be and the same is hereby established as SF 2 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 ~ ~ day of~u _, 20 t? at l,~`~a~ o'clock ~_.m. •J City Cler ~ flepu~-~ ,~ Approved and signed by me on the /~ day of , 20/D~at /a o'clock ~' . .m. Mayor o the Ci South Bend, Indian 1st READING b"" `~-l ` (, PUBLIC HEARWG ~~-1-`~ ~ S u.~S~~~4' 3 rd READING ~s~ - LO aS Su,rbS~ ~i-~~ NOT. APPROVER' R;:FERRED. PASSED ~ ~l-la 0.S S ~bS~c,~~~ ~rtiP"~ t~l ClLC~-'S Office ,SUL " 1 ~u JOHN VOORDE Cfl'Y CLERK, S0. BEND, IN. Date Filed Application N 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: 1219 Mishawaka Avenue, South Bend, IN 46615 2) Name and address of property owner(s) of the petition site: Name Michael Wiescher Full Address and Phone Number 1007 Hudson Avenue South Bend, IN 46616 Home: 574 288 7628; Office: 574 631 6788; Cell: 574 386 7377 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 SF 1 / SF 2 mixed zoni to SF 2 residential zoning 5) This rezoning is requested to allow the following use(s): Private loft-style residence 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 envelo es for all property owners within 300 feet of the petition property (f) a location map, if available, dra to scale, which includes street names, printed in 8'/z" x 11" format. ~ ~ A ~' 4~~ Signature(s)/o/f All Property owner(s) PETITION PREPARED BY: CONTACT PERSON: (If different) Name Michael Wiescher Full Address and Phone Number 1007 Hudson Avenue South Bend, IN 46616 Home: 574 288 7628; Office: 574 631 6788; Cell: 5 Email Address: wiescher.l@nd.edu Name Full Address and Phone Number t~'~~ ~<Z ~{f~l'al;'~ ~~~ilr~~. mail Address MAY 2 8 2010 aofi,~ vccr,n= cin c~~;~~, eaa, c~,~~~, inv. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 29-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1219 MISHAWAI<A AVENUE, SOUTH BEND, IN 46615 COUNCILMANIC DISTRICT 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 as substituted by adding the property address to the ordinance title and the complete legal description in section I. Ann Puzzello Chairperson, Committee of the Whole •rclc Rnun4v Parcalc Rec PARCELID NAME 1 MAILINGADD MAILINGCIT LIN MAI~ NGZ pROP_ADDR _ V/L W & ADJ 1150 1 018-6011-0235 SEDAM DANIEL R 3028 Prairie Ave South Bend IN 46613 MISHAWAKA AVE PRODUCERS MARKET CO OF 1105 Northside 1105 E NRTHSIDE 760 2 018-6011-0253 S B Blvd South Bend IN 46615 EDDY GRAND TRUNK WESTERN RR%CN BUSINESS DEVEL & 1 Administration 18 VAC LOT 27X525 3 018-6011-026501 REAL ESTATE Rd Concord ON L4K169 LAFAYETTE 4 018-6011-0236 SEDAM DANIEL R 3028 Prairie Ave South Bend IN 46613 1150 MISHAWAKA AVE 1237 Longfellow 5 018-6121-4380 GUSTAFSON JERROLD R Av South Bend IN 46615 1237 LONGFELLOW CURTIS ROBERT A & ELIZABETH A & AMY E JT W 6 018-6116-4149 FRGS NOT TIC 1229 Longfellow South Bend IN 46615 1229 LONGFELLOW 7 018-6116-4148 WORHATCH PAULA P 1235 Longfellow South Bend IN 46615 1235 LONGFELLOW JOHN SHERRY & MILLER JANETTE (1/2EA 8 018-6118-4225 BURKHART ADVERTISING P O Box 536 South Bend IN 46624 1247 MISHAWAKA AV 1236 Longfellow 9 018-6117-4212 IAPPIA MARIE D St South Bend IN 46615 1236 LONGFELLOW GRAND TRUCK WESTERN R.R. CO. PROPERTY MANAGEMENT DEPARTMENT C/O CANADIAN NATIONAL 277 Front St. W., 18 VAC LOT .18AC 10 018-6011-026901 RAILWAY 8th Floor Concord ON L4K1B9 LAFAYETTE GRAND TRUNK WESTERN RR%CN BUSINESS DEVEL & 1 Administration 18 VAC LOT 100 BLK 11 018-6011-023702 REAL ESTATE Rd Concord ON L4K169 LAFAYETT 1240 Longfellow 12 018-6117-4211 WIWI MARK A AND SUZANNE Av South Bend IN 46615 1240 LONGFELLOW /33 M l SNAavAKA A~ 13 018-6118-4228 BURKHART ADVERTISING INC Attn: Pat Hurley South Bend IN 46615 1247 MISHAWAKA 1206 Mishawaka 14 018-6011-0237 RILEY EVERT L Ave South Bend IN 46615 1206-1208 MISHAWAKA 1238 MISHAWAKA 15 018-6017-0350 S & G PROPERTIES INC Po Box 450 South Bend IN 46624 AVENUE 1234 MISHAWAKA 16 018-6017-0349 S & G PROPERTIES INC Po Box 450 South Bend IN 46624 AVENUE 17 018-6011-0238 ZALAS TORY J 1208 Beyer Av South Bend IN 46615 1208 BEYER AVE GRAND TRUNK WESTERN RR%CN BUSINESS DEVEL & 1 Administration 131 VAC LOT 29X75 18 018-6011-023701 REAL ESTATE Rd Concord ON L4K1B9 LAFAYETTE 202 LINCOLNWAY E 19 018-6011-0269 RONNENBERG LLC STE 100 Mishawaka IN 46544 921 LOUISE ST 1219 Longfellow 20 018-6116-415101 ZAWALICH CHET Av South Bend IN 46615 1219 LONGFELLOW 769 River Pointe 21 018-6117-4218 DARNELL JUDITH P Place Mishawaka IN 46544 1219 MISHAWAKA (33~ -YIfS~{AWAKA 22 018-6118-4229 BURKHART ADVERTISING INC Attn: Pat Hurley South Bend IN 46615 MISHAWAKA 1209 MISHAWAKA 23 018-6117-4221 DELINSKI BRIAN L AVE South Bend IN 46615 1211 MISHAWAKA 1209 Mishawaka 24 018-6117-4220 DELINSKI BRIAN L Av South Bend IN 46615 1209 MISHAWAKA 33S ,yt (,N,~w RKR 25 018-6118-4230 BURKHART ADVERTISING INC Attn: Pat Hurley South Bend IN 46615 1347 MISHAWAKA AV 23148 OAKLEAF 26 018-6117-4222 PERCY DAVID A DR SO Elkhart IN 46514 1215 MISHAWAKA AVE RUSSELL SCOTT E & CAROL 27 018-6117-4210 B 1244 Longfellow South Bend IN 46615 1244 LONGFELLOW 1215 Longfellow 28 018-6116-4151 JOHNSON CHARLES L Ave South Bend IN 46615 1215 LONGFELLOW 1232 Longfellow 29 018-6117-4213 TETZLAFF MONICA M Ave South Bend IN 46615 1232 LONGFELLOW 1211 Longfellow 30 018-6116-4152 GIRTEN SHARON Ave South Bend IN 46615 1211 LONGFELLOW 1205 Mishawaka 31 018-6117-4219 SOFT WATER SERVICE, INC Av South Bend IN 46615 1205 MISHAWAKA 1216 LONGFELLOW 32 018-6117-4217 CATANO JAIME & IRENE AVE South Bend IN 46615 1216 LONGFELLOW 1220 Longfellow 33 018-6117-4216 ANDERSON MATTHEW Ave South Bend IN 46615 1220 LONGFELLOW LAFOUNTAIN THOMAS J & 1224 Longfellow 34 018-6117-4215 JILL L St South Bend IN 46615 1224 LONGFELLOW MCCARTY DENNIS J & 1228 Longfellow 35 018-6117-4214 KRISTINE M Ave South Bend IN 46615 1228 LONGFELLOW 1155 Mishawaka 36 018-6116-4153 WEIGAND ENTERPRISES LLC Av South Bend IN 46615 1155 MISHAWAKA 1223 Longfellow 37 018-6116-415001 JOYCE SUSAN C Av South Bend IN 46615 1223 LONGFELLOW 1241 Longfellow 38 018-6121-4379 WITWER, MARC V. Ave South Bend IN 46615 1241 LONGFELLOW ~1~ ~ ~~~~~'~ ~i~~b~~ !y1 A`~ 2 8 2010 s~~,a ~~ca~~F C4TY GL.=t,t`, ~Q. 5`ND, IN. Surveyor Location Report WHITCOMB & KELLER'S 3RD SUNNYMEDE ADDITION PART OF LOTS 506 & 507 MORE COMMONLY KNOWN AS: 1219 MISHAWAKA AVENUE SOUTH BEND, INDIANA ~ 507 --Z ~~ 1 \ ~ ,55 ~ ~ ~ ~~ ~' 506 ~ ~~ '~ ~ ~\ ~ ,~ ~ '86• , ~ ~ ~~ ~ ~~ Q ~ QJe ~o^' I '\ I ON NEAR BUI 1 ST ORY BRICK ' ' ~~ / LD Nff~~ PERTY LINE B UIL DING ~ ~O ' ~~ S ~ 6~ 1.4' G 6~ f ~ p. l ;p 18 116 ~ •96, BUILDING ON/NEAR PROPERTY LINE ~S .\v~~ J,yq//,,,,,, 9~ v`9 ~~~ ~'9 NOTE: BECAUSE OF THE PROXIMITY OF THE NOTED IMPROVEMEM(S) TO THE PROPERTY LINE, A BOUNDARY SURVEY IS RECOMMENDED TO DETERMINE IF IT/THEY MAY CONSTITUTE AN ENCROACHMEM. This report was prepared with o copy of the Title Insurance Policy and may be subject fo other restrictions contained thereon. This drawing conforms with the Surveyor Location Report minimum requirements os certified on page two of this report. Any encroachments are specifically noted above. This report is of limited accuracy and should not be used for construction or for establishing boundary or fence lines. ~~ -'~, THE PRIMARY STRUCTURE SHOWN ON THIS DRAWING IS NOT IN A FLOOD HAZARD AREA. ' ~~v~~~G`NOERF Cq~_G~ S-0523 ~ ': STATE OF '~ ~~°j'~il,9NNDSUR F'y~~~~~ /~/ri~ . (/ ~ vti' ~ Registered Lund Surveyor .. Lang, Feeney 8c Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 Phone (574) 233-1841 Fax {574) 674-0374 506-507Wh1icomb3rdMR.dwg Scale Date Drawn By Drawing No. PAGE 1 OF 2 1" = 20' 04-08-10 BKG 24826 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 July 21, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend; IN 46601 RE: A proposed ordinance of Michael Wiescher to zone from MU Mixed Use District to SF 2 Single Family and Two Family District, property located at 1219 Mishawaka Avenue, City of South Bend - APC# 2557-10 Dear Council Members: I hereby Certify that the above referenced ordinance of Michael Wiescher was legally advertised on Thursday, July 8, 2010 and that the Area Plan Commission at its public hearing on Tuesday, July 20, 2010 took the following action: Upon a motion by Ann Puzzello, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Michael Wiescher to zone from MU Mixed Use District to SF 2 Single Family and Two Family District, property located at 1219 Mishawaka Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow for an existing vacant commercial structure to be rehabilitated and used for asingle-family residence. Residential use of the site is compatible with the adjacent mixed land uses including commercial, retail, service, and residential. 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, ~ti Lv - n W. Byorni JWB:jsc Attachment CC: Michael Wiescher {'~l~.i~ ~~ l,~l~~i~e'.~~s~ 0.n;eli~iCni J U L 2 1 2010 Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Resort APC # 2557-10 Owner: Michael Wiescher Location: 1219 Mishawaka Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family & Two Family District to allow for a private, loft-style residence. Land Uses and Zoning: On site: On site is an existing one-story structure. North: To the north are two single-family residences zoned SF2 Single Family & Two Family District. East: To the east is the Grand Trunk Western Railroad. South: To the south is the Grand Trunk Western Railroad. West: To the west is a piano repair business zoned MU Mixed Use District, and across Mishawaka Avenue is a beauty salon zoned LB Local Business District. District uses and development standards: The SF2 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 Single Family & Two Family District. Zoning and land use history & trends: Prior to the 2004 update of the City Zoning ordinance, the property was zoned "C" Commercial, "d" Height & Area. The historical aerials show that the existing structure has been located on this site since before the 1960s. Traffic and transportation.considerations: Mishawaka Avenue is a five lane road including atwo-way left tum lane which becomes aleft- turn only lane as it approaches Beyer Avenue / Longfellow Avenue. Utilities: The site will continue to be served by municipal sewer and water. Additional information: (Agency comments) The Building Department and County Surveyor had no comments. The Division of Engineering and Public Construction has no objections. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan. City of South Bend Indiana (November 20061: Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Michael Wiescher #2557-10 Page 1 of 2 Map. Objective ED 1.2: Encourage the reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map shows this azea as Mixed Use. Z. Current conditions and character: The site is currently occupied by a one-story brick structure which was previously used for commercial purposes. A pazking area is located on the site behind the building. An adjacent alley to the west provides access to these pazking spaces from both Mishawaka Avenue and Longfellow Avenue. This end of Mishawaka Avenue is primarily a business and commercial azea which includes a piano repair and resale shop, a clothing and gift store, a printing service, a soft water company, and a hair salon. A single family residential neighborhood is located to the north. 3. Most desirable use: The most desirable use of the property is local commercial, retail, service or residential. Any of these uses are compatible with the adjacent mixed uses located along both Mishawaka Avenue and Longfellow Avenue. 4. Conservation of property values: Surrounding property values should not be negatively affected since the proposed rezoning is to a less intense district. Residential use of the property is compatible with the adjacent commercial, retail and residential uses. 5. Responsible development and growth: The proposed use is responsible growth and development since it lies within a mixed use azea which includes commercial, retail, and residential 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: This rezoning will allow for an existing vacant commercial structure to be rehabilitated and used for asingle-family residence. Residential use of the site is compatible with the adjacent mixed land uses including commercial, retail, service, and residential. Michael Wiescher #2557-10 Page 2 of 2 ~:,~ ~ ,...~ ~t ark ~ ~ ~B ~~ ~:+~~ 11~~ ~~ ~qfi ~ m y J r ..,.y a _ ~., L °~• d ~i +° Rezoning from: "M U" MIXED USE DISTRICT to "SFZ" SINGLE FAMILY ~ TWO FAMILY DISTRICT ~+~ning ~Cey _; SOUTH BEND "SF2"SINGLE FAMILY AND TW'0 FAMILY DISTRICT ;SOUTH BEND "MU"MIXED USE DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT ~' SOUTH BEND "G B" GENERAL BUSIN ESS D ISTRI CT SOUTH BEND'LI" LIGHT INDUSTRIALDISTRICT N !'~"'• W +;~~ E ~. s ~ inch = ~ ~+Q Meet A-P ~~7-'10 _,~~ ~~d