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HomeMy WebLinkAbout25-18 Rezone: 4546, 4566 & 4612 North Lake Blackthorn Drive LAWRENCE P. MACILIOZZI EXECUTIVE DIRECTOR Angela M. Smith De Piny Di re c I o r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COLIN I Y-CI I Y BUILDING, ti()UI-H BEND, INDIANA 46601 (5 7 4) 235-9571 June 4, 2018 Filed in Clerk's Office Honorable Common Council 4 I Floor, County-City Building JUN 05 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN RE: 4546, 4566 &4612 North Lake Blackthorn Drive, South Bend, Indiana 46628 APC# 2870-18 Dear Council Members: Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location.Please include the attached Ordinance on the Council agenda for first reading at your June 11, 2018 Council meeting, and set it for public hearing at your July, 23 2018 Council meeting. The petition is tentatively scheduled for public hearing at the July 17, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sill , vlv- Jor an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D[ANA.C O M/A R E A P L A N Fled in Clerk's Office- BILL N0. 25-18 ICAREEMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH SEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4546, 4566 & 4612 NORTH LAKE BLACKTHORN DRIVE, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LB to SF for single-family homes. 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: That Part of the Southeast Quarter of Section 18, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana which is Described as: Lots#3, 4 and 5 of the Plat of"The Villas at Lake Blackthorn, Section One"as Recorded by Document Number 0323151 in the Records of the St. Joseph County, Indiana Recorder's Office. Containing 0.76 Acres More or Less. Subject to all Legal Highways, Easements and Restrictions of Record. be and the same is hereby established as SF 1: Single Family&Two Family District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of ,2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana • • PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address(es) -, 4546 4566& 4612 North Lake Blackthorn Drive, South Bend, Indiana 46628. 2) The property Tax Key Number(s) is/are: Enter property tax key number(s):025-1010-017621, 025-1010-017622 & 025-1010-017623 3) Legal Descriptions: Enterfidl legal description:See attached. 4) Total Site Area: Enter total acres to be rezoned: 0.76 Acres +/ Filed in CIork's Office 5) Name and address of property owner(s)of the petition site: --_° Cooreman Real Estate Group, INC. u�i(V 05 Attn:Mr. Steve Cooreman 4404 Technology Drive, South Bend, Indiana 46628 Ph. No. 574-277-0116 KAREEIVAH FOWLER E-Mail Address N/A CITY CLERK,SOUTH BEND, IN Name and address of additional property owners,if applicable: 6) Name and address of contingent purchaser(s), if applicable: `A E-mail N/A Name and address of additional property owners, if applicable: - FILED - 7) It is desired and requested that this property be rezoned: JUN 04 1018 From: LB Local Business District N/A AREA PLAN CO A lication# To: SF1 Single Family Two Family District 8) This rezoning is requested to allow the following use(s): Insert intended use(s):Residential Uses. IF VARIANCES)ARE BEING REQUESTED(if not, please skip to next section): 1) List each variance being requested. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: • • (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. Filed in Clerk's Office CONTACT PERSON: Name: Danch. Harner&Associates. Inc. Address: 1613 Commerce Drive JUN 0 j 2018 South Bend, Indiana 46628 i 371-234-1003 nidanch @danchliarner.com (CAREEMAH rC)v� `- L E is CITY CLERK. SOUTH BNN(; IFS , BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature f all 77-owner(s),or signature of Attorney for all property owner(s): -FILED- JUN 04 2010 AREA PLAN C Applicatiorif LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS# 3,4 AND 5 OF THE PLAT OF "THE VILLAS AT LAKE BLACKTHORN, SECTION ONE" AS RECORDED BY DOCUMENT NUMBER 0323151 IN THE RECORDS OF THE ST.JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.76 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Clerk's Office JUN 0 5 2018 KAREEMAH F(M11..ER CfTY CLERK SCojjT -:E:;F-.ND, iN -FILED- JUN 04 2018 AREA PLAN COM 15`310 A lication# X Filed in ClArkS • _ • JUN Q a 2018 KAtRE,EMAH F n({ IN 1p.2. _ u t ';- or•1e1o'o177 � r '� x� x }{Y � 3_. a213�1070-077031 i 1r,'1. �. 9:` 4 0231010 017rA? [ .� S / St ' x .r y•. a,�r L .��» a? o2s•1ofG-Gi7e] h�r`1 ��.i. ��, ��7���',� • c- s 0271010.0IP 78 025 1010 017G22 Petition 4 Site 97"l 7990 e23da10.017897.if'1' 027-1070-017ki21 y�s'r°'�� Y +L alit 5271010{I7.r2D e+�'] kY d H. f =--:.' i y� r IV Q ez;-I01o�170• � � �� E r- 0 O o iCS4 Qa1-fet0017GiG t f y - 11 s i 3 � 100`� I .- LL 9 0, 3 j BRICK ROAD nn�ti: d� Rezoning Aerial LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 18,TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS #3, 4 AND 5 OF THE PLAT OF "THE VILLAS AT LAKE BLACKTHORN, SECTION ONE" AS RE C BY DOCUMENT NUMBER 0323151 IN THE RECORDS OF THE ST,JOSEPH COUNTY, INDIANA RECOR ER'S(F4C],E D- CONTAINING 0.76 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. JUN 04 2018 I i AREA PLAN CU` Application# Q Danck Harner&Amodaft lnc. Land Surveyors - Professional Engineers 1*14 Landscape Architects- Land Planners 1 Office: (574)234-4003 / (800)594-4003 - Fox: (574)234-4119 1643 Commerce Drive - South Bend, IN 45628 0 Copyright 2011 0onch, Omer &Associates, Inc. LAWRENCE P. MAGLIOZZI I\I('ll I'Ix'I DII(I('1(1R Angela M. Smith De PuO Uln<I..r AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 1V. 11 FFI-R1ON Ill.VD., ROOM 1140 ('0IINF1'-CITY 111111 DING, 50111.11 BI NI), INDIANA 4 660 1 (574)2Ii-9i71 Wednesday,July 18,2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Cooreman Real Estate Group, Inc. to zone from LB Local Business District to SFI Single Family&Two Family District, property located at 4546,4566&4612 North Lake Blackthorn Drive, City of South Bend - APC#2870-18. Dear Council Members: I hereby Certify that the above referenced ordinance of Cooreman Real Estate Group, Inc. was legally advertised on July 5,2018 and that the Area Plan Commission at its public hearing on July 17, 2018 took the following action: Upon a motion by John DeLee,being seconded by Oliver Davis and unanimously carried,a proposed ordinance of Cooreman Real Estate Group, Inc. to zone from LB Local Business District to SFI Single Family&Two Family District, property located at 4546,4566&4612 North Lake Blackthorn Drive, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning the site to SFI Single Family and Two Family will correspond with the rest of the surrounding properties. 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. Sincere) , Lawrence P. Magliozzi Attachment CC: Cooreman Real Estate Group, Inc. Danch, Harner&Associates, Inc. SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY , OSCEOLA & ROSELAND - W W W S I C I N D I A N A C O M I)O 6 1,r Staff Report 7/9/2018 APC# 2870-18 Owner: Cooreman Real Estate Group, Inc. Location: 4546, 4566&4612 North Lake Blackthorn Drive Jurisdiction: St. Joseph County Public Hearing Date: 7/17/2018 Requested Action: The petitioner is requesting a zone change from LB Local Business District to SF Single Family&Two Family District Land Uses and Zoning: On site: On site are three vacant parcels. North: To the north are single-family homes zoned SF Single Family&Two Family District. East: To the east is the St. Joseph Valley Parkway. South: To the south are vacant parcels zoned LB Local Business District. West: To the west, across Lake Blackthron Drive, are single-family homes zoned SF Single Family&Two Family District. District Uses and Development Standards: The SF District is established to protect,promote and maintain the development of single family dwellings and two family dwellings 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: There is no proposed site plan for development at this time. Future development will need to adhere to development standards for the appropriate district. Zoning and Land Use History And Trends: The parcels in this petition were rezoned to LB Local Business District in 2004. The property to the southwest was rezoned to C: Commercial District(St. Joseph County)in 2003. Traffic and Transportation Considerations: Lake Blackthorn Drive is a two lane road. Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment provides a favorable recommendation. Commitments: The petitioner is not proposing any written commitments. APC# 2870-18 Page 1 of 2 Staff Report 7/9/2018 Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistant with City Plan, South Bend Comprehensive Plan(November 2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs,preferences and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Map identifies this area for low density residential growth. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: This area has developed as a neighborhood of single-family homes. 3. Most Desirable Use: The most desirable use for the property is single-family homes. 4. Conservation of Property Values: Rezoning to SF1 Single Family&Two Family District would not affect the property values of the surrounding single-family homes. 5. Responsible Development And Growth: It is responsible development and growth to rezone the parcels to SF Single Family&Two Family District. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing the staff recommends this rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: Rezoning the site to SF1 Single Family and Two Family will correspond with the rest of the surrounding properties. APC # 2870-18 Page 2 of 2 ! r a� Y '4 i ?tA y A yJ^ a ,. .. .�R — �;t.,.x• qtr. •o- PpIp- AMML IF ' ov a 5 t1' J GERMANTOWNSHIP .Y } t�N inc -- ' 200-f et rl REZONING #2870 Ilk Jp ti r .Z r r �'at GERMAN TOWNSHIP i ;o N 1 inch = "26 Or _. w 'F. soz re I 4 i I i I� � ii 'i 4 �' LAWRENCE P. MAGLIOZZI F S F('11'F I\'1 D I Ii F c l f 11( Angela M. Smith D,P.(, D.,-1- AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 C(1IIN I-Y-CITY RUILDING, �0(1IH REVD, INDIANA 46601 (5 7 4) 215-9571 7/18/2018 Honorable South Bend Common Council 41h Floor, County-City Building South Bend, IN 46601 RE: Bill #25-18 - Rezoning: APC#2870-18 —4546, 4566&4612 North Lake Blackthorn Drive Dear Council Members: The Area Plan Commission held a public hearing on July 17,2018 for the above referenced petition. This petition is set for public hearing before the Common Council on Monday, July 23, 2018. Ordinance & Petition Amendments: No amendments. Public Hearin_Z Summary: There was no one to speak in favor or against this petition. If you have any further questions, please feel free to contact me at (574)235-9571. Si cerely, J -dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND W W W.5 TI O 5 E P H 17 O U N T Y I N D I A N A C O N/A R E A F L A N I . IS , W a4 f SH 1 COQ' 3 SH Y . _DOCKSIDE-- t w SH R; ` Z . 2 LB/ .. W : Q J Lu r Q RAMP U) y aBRI.C.K r 0 O -- L LI L Rezoning from: CITY OF SOUTH BEND LB LOCAL BUSINESS DISTRICT TO SF1 SINGLE FAMILY & TWO FAMILY DISTRICT N MASTER ZONING KEY W E COUNTY"R"SINGLE FAMILY DISTRICT COUNTY"C"COMMERCIAL DISTRICT S SOUTH BEND"SF1"SINGLE FAMILY&TWO FAMILY DISTRICT 1 inch = 200 feet SOUTH BEND"LB" LOCAL BUSINESS DISTRICT APC # 2870-18 SOUTH BEND"LI"LIGHT INDUSTRIAL DISTRICT