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Home My WebLink AboutRezoning- 2025 Edision Rd.ORDINANCE No. a,aa-s, Passed by the Common Council of the City of South Bend, Indiana January 13, 19 ~~ Attest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Commou Council January 14, 19 97 ,r ~ '' City Clerk LORETTA . DUDA Approved and signed by me G.r, /~. l9 v` Mayor ORDINANCE N0. U' I' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2025 EDISON SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section I. Ordinance No. 4990-68, as 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 1 Proposed Plat of Busby's Ist. Addition to Clay Township as described as beginning at a point 350 feet West of the southeast corner of Section 31, Township 38 North, Range 3 East, St. Joseph Co., Indiana; thence West 121.25 feet; thence North 212 feet; thence East 121.25 feet; thence South 212 feet to the place of beginning be and the same is hereby established as "O" Office. 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. ~~~ ~ J~ Member of the Common Council ,~r ':E~,DiNG II-~~-9~ P~J~r~IC H~A~ING /- /3 - %7 3 rd READi~JG ~- ~~ - ~ 7 NOT APPROVED REFERRED q nn PASSED f..- ~ ~ ' / 7 ~1 ~ SU~~~ /! t~ a~t~.'..~~ Filed in Cle~n'4 ®~fice DEC - '. 1996 LCfl~7TA J. DUCA Cri'Y CLEF' ~, ~~. ~~PdC. !a-0. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 94-96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2025 EDISON, E, SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably, as amended by substitution. Sean Coleman Chairman Date Filed: Date received by the Area Plan Commission We the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. I.) The property sought to be rezoned is located at: 2025 Edison, South Bend 2. Name and address of property owners of the petitition site are: Vu Phong Pham and Bang Vu Pham 2025 Edison, South Bend, IN 46637 Ph.:232-0699 3. Name and address of contingent purchasers: Mr. and Mrs. Thomas Gordon Smith 1903 Dorwood Drive South Bend, IN 46617-1818 232-0657 4. It is desired and requested that this property be rezoned from "A" Residential, "A" Height and Area to "O" Office. 5. This rezoning is requested to allow the following uses: a. professional office b. one dwelling unit incidental to and located within the building. 6. Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7. By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. Signatures of All Property Owners: 1. ate:/~ ~ 2.~ t ate: 0~ ~6 Mr. Vu Phong m Mrs. Bang Vu Pham Petition Prepared by: Contact Person: Marika W. Smith Marika Smith or Thomas G. Smith 1903 Dorwood Drive 1903 Dorwood Drive South Bend, IN 46617-1818 South Bend, IN 465617-1818 219-232-0657 232-0657 or 631-6137; FAX 287-0821 Filed in C~=~ ~`~ ®~fice DEC - ~ X596 LCliZL-TT~t J. I36Ji9r3 CITY CLEFIY., 3~, f3EPJD, l~9. Application No. ;~ N N .t , e ~.. ,,; ~as~ M~ti~r ~~, ~f. r ' ~ , ,, ~' ~'d ./ NCtic/ to ~ 13u ~'~ E~ F~~~~~~,~ `21' ~IZn, 0 F .~ ~-~, v ~' "Z y i y ~~ Ga s~ .~- . ~ U 0 4 fl ~" a a~ '. d !dJ ~ :~ ~ ~ ~ ~ ~ ~ ! Q 6. ~ ~ ! a ~~ ~~ ~ ,a o g~ a~ W ~. ~. ~. ~. ~' ~ _ ~, '~~~~~ u ~~ T~ ~ i~ ~ ~ T A ~,__C~AS'S SQUh1'-L~ -do _. . ~~_~__ :~ . _o N ~ ' a.~/,~ l~~l_-l N cf..__U N.~T.~._~ ~ ~1.~.~N~f a-~:--- `i"~.. -~ Nr~ ~ o~~,r~ b ~, , . 0 o,u, r~..t~ __.~ ~z~~ 1~_.~%.~ p~ ~,1 L k~ l..~I.C -_.l~T ~ I?.!-o ~~ ~ .~, 3- I S r~ . . . ~ .. '.. .. I2l85°~ d~ DoT _ 2. ~~'~ !°~.~~ ic;I N ~ _ ~3 s I~~c r ~ ~j~i~ ~ ~ ~ ,FO~I°;~ , ~ !~ ~ G !~ , - o b d _. _ ~.~ ~i ~. UKal~;O~~~c , ~Nc~ I ~+C~ . ~,~a~~H~:,,`~~ 1 sr CE 2,25 ~ , • ~ ~ X 1 Std .i..l f. A~ S a t~ At,`f' + ~ p~tv~:~ ~kr~kiNtr SI'l~G~c;; + r + ~ . ,~ + , . ~ ,. t= ~ .:~ ' ~. ~ : ,: ~ r ~~ F~,`~~,; , ~ 11~,,,~`~ ~~s ~ 2~ ~- ARPJA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 December 18, 1996 II ~((1 J 1~ L~ ~ `Ve l` ~ The Honorable Common Council ~ ~-- City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Vu Phong and Bang Vu Pham to zone from "A" Residential, "A" Height and Area to "O" Office, property located at 2025 Edison St., City of South Bend - APC #1740-96 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on December 5, 1996. The Area Plan Commission at its public hearing on December 17, 1996, took the following action: Upon a motion by Joseph Serge, being seconded by John Hozinski and unanimously carried, the proposed ordinance and site development plan of Vu Phong and Bang Vu Pham to zone from "A" Residential, "A" Height and Area to "0" Office, property located at 2025 Edison St., City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This site is bordered to the east and across Edison Road by commercial zoning. The "O" Office District is designed to act as a buffer between residential and commercial areas. The rezoning of this property to "O" Office would act as a buffer and a transition from the "C" Commercial district to the east to the "A" Residential district to the west. PLEASE NOTE that the Ordinance has been amended by the petitioner, showing a designation different from that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, Richard S. Johnson RSJ:sr Attachment CC: Vu Phong & Bang Vu Pham Mr. & Mrs. Thomas Gordon Smith Filed in Clerks ~~gice DEC 1 ~ 199E; LOR[7TA J. OU01 CITY Cl.ERX, .~3a. EEf10, i'd. ng: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, I December 12, 1996 To Whom It May Concern: My name is Jack Wilhe]_m. I am a Broker with RE/MAX Correction. ? am the listir_g agent for property located at 20?5 E. Edison, South Bend IN. This property has been on the market for over 2 years. There have been no inquiries on property for residential use in that period of time. There have been several inquiries for possible commercial use as "O" office zoning. The commercial context of this area in my opinion will be developed for commercial use from Ironwood to South Bend Avenue (St. Rd. 23) within the next few years. My credentials are holder of CRS and GRI designations from National Associations of Realtors and twenty four years experience in Real Estate in St. Joseph County. Sincerely, J k Wilhelm, CRS, GRI Certified Residential Specialist - CRS Graduate Realtor Institute - GRI P IfA\ Connection 227 E. Cleveland Road, Suite 1 Granger, Indiana 46530 Office: (219) 271-5620 Fax: (219) 271-0029 F.ach Office Independently Owned and Operated ~~'~. J ~~ ~ >,~~ ~, ~- I~~~ L ~~ ~~ J ~` ~ ,' (: ~~ ~~~~~~ ~.. ,. ~ ~` 'L \'~~ \ i i~ LETTER TO THE SOUTH IIEND AREA PLANNING COMI`1ISSION 12/17/96 Often emphasis is placed on the monitory losses or gains when commercialization is established in a residential area. Residential properties owners are faced with several decisions...to remain amongst escalating traffic and noise that commercialization brings or to sell their properties at a devaluated residential price. If they are luclcy they might obtain commercial status and sell their devaluated properties at a price tantamount to the original residential worth. My husband and I face this situation. We are in our 70's. [Ve purchased an almost half-acre of farm land, cleared away the brush and had our house built to our specifications by a local builder. That was almost X10 years ago. Our children grew-up in this house. P9any happy and not-so-happy events leave happened in this house. PJe have become ill, almost died, and recouperated in this house. [9e have planted 1 foot trees that are now 100 feet tall. [~Je have placed much of our incomes into the maintenance and care of this house. This was to be our retirement home. Commercialization biting into the remaining small residential area in which we live worsens the heart breaking loss that we as long-term home owners face which is to stay and endure the devaluation of our house or sell and accept the value loss. Neither of which tae are prepared to do. I have no doubt Mr. & tlrs. Smith are nice people with good intentions, but roe sincerely wish they would consider locating their business in an already established commercial area. rlizabeth E. James 2007 E. Edison Rd. South Bend, IN 46637 STAFF REPORT December 9, 1996 Vu Phong and Band Vu Pham 1740-96 Location: 2025 Edison St. City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "O" Office to allow an architectural office with one dwelling unit located within the building. EXISTING LAND USE: The property contains a single family residence. SURROUNDING LAND USE AND ZONING: Located to the north are apartments zoned "B" Residential, "A" Height and Area; to the east is vacant land zoned "A" Residential, "A" Height and Area and commercial buildings and a single family home zoned "C" Commercial; "A" Height and Area; to the south are commercial buildings zoned "C" Commercial, "A" Height and Area and single family homes zoned "A" Residential, "A" Height and Area; and to the west are single family homes zoned "A" Residential, "A" Height and Area and offices zoned "B" Residential, "A" Height and Area. ACCESS: Access to the site is from Edison Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 20,855 square feet. Of that, the building will occupy 2,345 square feet, or 11 percent of the site; the parking and drives will occupy 1,870 square feet, or 9 percent of the site; and 16,640 square feet or 80 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The AGENCY COMMENTS: The The prod the One site plan is preliminary. City Engineer made the following comments: drive approach shall be concrete from the ~erty line to curb line at the street and sidewalk shall be handicap accessible. 1200 gallon drywell is required. CHARLES ST. ~ ~ RES. °l~S RES. I R RE . I Z I J A C s3oaeii RES. A O RES. R~ Z O Z RES. CL' Q S R~ EDISON 0 ---_R~ - --R~E~S. L__L~__J RES. R~ 2 .7832- 7 OAK PARK `/ ° W LL ~ a - - I mm ® ~ i APARTMENTS _ I - -COTIf1ERCUC- - - I - ~ I~ APC 94-88 COMMERCIAL ~ I I.O. 5054-ti9 I ~~~~ A.O. 5039-68 I I I I mm I PEL® ~ I APARTMENTS _ L - - - I I OQ I I II ~~ I I I II t•- a RES. a ~ ES. ~ 7-ELE EN ~ ~ I RES. C 13 1-90 RESTA ° RANT COMMERCIAL . 812 -90 O ~o~ a A'. Z.f RD. ~yi ~~S C~°~o ~-, DR ------~--+ °~ >- ~ ~°°~ ~ o Q Q APC 71-67 0 W I I.O. 1914-ti0 ?~ ~N~~ o -----I--------- o N ~ I ~ REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA T0: "0" OFFICE PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL O "B" RESIDENTIAL O "C" COMMERCIAL O N APC #1740-96 0 100 200 400 ~~ ~ 1 Graphic Scale