HomeMy WebLinkAbout10075-11 Rezone- 5032 Miami St. South Bend District 5 O RD I NAN C E N o . �oo��_�� _
Passed by the Common Council of the City of South Bend,Indiana
March 14, 20 11
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Attest: � ���'�� �� �-- - � City Clerk
J�HN V�ORDE
Attest: • President of Common Council
Presented by me to the Mayor of tlze City of South Bend, Indiana
March 15, Z� 11
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J(5HN V ORDE
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Approved and signed by me ��-� (1 20 �_
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ORDINANCE NO. L Od�S�( �
AN ORDINANCE AMENDING THE ZONING pR�Il�JAI�JCE FOR PROPERTY LOCATED AT
5032 MIAMI STREET,SOUTH BEND,IN,COUNCILMANIC DISTRICT FIVE (5�IPJ TgE CITy
OF SOUTH gEND,INDIANA
STATEMENT OF PURpOSE AND INTENT
�PROPERTY LOCATED AT 5032 MIAIVII ST,IS CURREI�TTI,y ZONED SINGLE FAMII,y
RESIDENT7AL AND I,S LEASED RESIDENT7AL SpACE TO SEVERAI,TErJ�JTS. WE
PROPOSE CHANGING TgE ZONIl�JG TO`OFFICE BUFFER'TO ALLOW FOR T�
CONSTRUCTION OF A NEW pROFESSIONAL OFFICE BUII,DING FOR INDIANA FARM
BUREAU INSURANCE.
NOW TI�REFORE BE IT ORDAINED by the Common Council of ttie City of South Bend,
Indiana as follows:
SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Z '
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 Connty, Sta.te of
Indiana:
LOT NUl►ZgER ONE (1)AS SgpWN pN TI-�RECORDED PLAT OF MIAMI-JACKSON ROADS
D'IINOR SUB
be and the same is hereby established as OB OFFICE BUFFER DISTRICT
SEC—TI_t�N II. This ordinance shall be in full force and effect from and after its passage by the Cornmon -
Council,approval by the Mayor,and legal publication.
'�,
Member of the Common Council �
Attes
Cle
Presented by me to the Mayor of the City of South Bend,Indiaua on the I s��''^ day of��eu ,
20 j�at �S� o'clock c�,_,m, —�--=�-�
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City erk � �..v�
Approved and signed by me on the�day of�20��at o'clock .
Q .m. • .
�.� `
Mayor of e City o outh Bend,Indiana
Filed in Ci�rk'� �Affice `
�y� rc.��,•,. l-�O_� \ ,lAN 27 2011
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h,�.r�'�'T .'�?�:O�lcE�
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PASSED 3�l`�,—�� C�.S S t.t."nJ�^�`�^tI
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BiLL NO.
03-11 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 5032 MIAMI ST., SOUTH BEND,
INDIANA, COUNCILMANIC DISTRICT FIVE (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 a substitute by changing the zoning district to Office District to
OB Office Buffer District in the ordinance. This bill was heard by the Zoning and
Annexation Committee.
Timothy Rouse
Chairperson, Committee of the Whole
01/05/2011 07:49 FAX 5742461005 Pendl Team �001/001
��n+ri I)�/ LV1 �/ 1UG uo;�� rm Latceshore Kealtors FAX No, 5742234646 P. 001/001
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atc Piled�1/S/2011 Applicatioz�No.
ate repoived by the ea plau C�annis�ion
(we) the undmrsig� malce ap�Iicati.on to the Common Co�znoil of the City of South Hend, Tadiana to
�azxacnd the zoniQg or Ce a8 h�rein�uested.
1)Tho prapr�y sou to be razon.ed i�located at:
. 5032 M1�MY ST,SOU'IH BEND(N4I�T'HEAST CQRNER QR JAC,iCSON&MYAMn
)Name and address �prapesty ow�er(s)of the p�tit�on site;
KL�P�FNST��r 'IL W'&N'A1vCY C
P O BoX 707
Norch L,ibersSr IN 465
3)Name aad address f coutiuq�gart purchaser(s).if gpplicabl�:
.�,BIGAII..�
23�p W4LF p INT DR �
ROCHESTEE�YN' 46975
574$35-�143
4)It is desired and r 68ted thAt thi�px�pPerty bq rezaned
fi�om SxNGL FAlv1Y�'Y'1�ESIDENTT.A.L
to 4PFICE
5)'T'his rezoning is sted to aUow the foildwing usc{s):
NEW CONST �(JCTxON O�A 6000 5F O�TCB�UII�IN(�Td HOUSE'TH£ST_IOSEP�Y CQY TN7."Y'
Or�ICES OF INDIAN FARM BUR�.AU INSURANCE
6)Actach,ed is a copy�f(a)legal dcsaz�lption of tha ProPe�,(b)scvemteen(1'n prol�inary site pl�as►(c)
a statemont of p�posE an,c�int�nt; (d)a l�st of nam.es axtd addresses of a31 prOperry or�v�n.ers aa,d the tax lc�y
numbexs �or aIl prope}�ti.as within 3Q{l feet di the pefiitiou�ropertY;and(e) ad�lressed, stamged tnvelapes
for a,l1 prope�ty own. wi.thiu 300 feet o�tht petition proptrty (� a location map, if available, drawn ta
�scale,whiah includes et�s,printe�in 8�"�c 11"format.
; Siga�[ure(s)of Al�Proparty owner(s)
ome for O�w s
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PE'ITFION PRE�AR�D$'Y': CdNTACT�$,RS N: diffCrtnt)
f�B�CrAIL$RENIE
2310'GVOL�'POIN�" R ��f�
ROC'�STER,IN 4 975
574 835 1143
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Preliminary Site Plan- 5032 Miami St, South Bend, IN
❖ 1.15 acre parcel on the NorthEast corner of Miami and Jackson, South Bend
❖ Proposed Future Home of Indiana Farm Bureau Insurance, South Bend
❖ 25 Parking Spaces (21 required by zoning)
❖ Land to Building Ratios:
• Building: 12.70%
• Paved Areas: 22.3%
� Open Green Space: 65%
❖ Landscaping per all applicable local ordinances that enhances the natural
surroundings of the parcel and exemplifies the professional, upstanding image
of this local, traditional company
❖ Approximately 5950 SF brick & stone professional office building with +/- 20'
building ridge height
/ "' JOHN W. BY�RNI
EXECUTNE DtttEGTOR
LARRY MAGLIOZZI
DEPUTY DIREGTOR
AREA PLAN COMMISSION �F ST. JOSEPH COUNTY, IN
227 W.)EFFERSON BLVD. ROOM I 140 COUNTY-CITY BLDG. SOUTH BEND,iN�IANA 46601 (579)235-9571
February 16,2011
The Honorable Council of the City of
South Bend
4th Floor,County-City Building
South Bend,IN 46601
RE: A proposed ordinance of Cecil&Nancy Klopfenstein to zone from SF1 Single Family and
Two Family District to OB Office Buffer District,property located at 5032 Miami Street,
City of South Bend-APC#2581-11
Dear Council Members:
I hereby Certify that the above referenced ordinance of Cecil&Nancy Klopfenstein was legally
advertised on Thursday,February 3,2011 and that the Area Plan Commission at its public
hearing on Tuesday,February 15,2011 took the following action:
Upon a motion by Donna Chamblee,being seconded by Robert Hawley and
unanimously carried,the proposed ordinance of Cecil&Nancy Klopfenstein to zone
from SF1 Single Family and Two Family District to OB Office Buffer District,
property located at 5032 Miami Street,City of South Bend is sent to the Common
Council with a favorable recommendation.The intent of the Office Buffer District, in
part,is to serve as a transition district.The OB District development standards are
established to assure small scale developments.An Area Board of Zoning Appeals
variance will allow for a slightly larger building while limiting land uses that would
be incompatible to the area.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that
used for the Common Council's first reading.The amended Ordinance was legally advertised and
heazd 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.
Sincerely,
�
n w.Byorn ' �'i�ed 6n Cler�'� �����
JWB jc �
FE8 16 2!i i� �
Attachment � �
A
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JQF��d l���'r���
CC: Cecil&Nancy Klopfenstein CITY CL�RPC,���f:���3����9��� �
SERVING:ST.JOSEPH GOUNT'Y.SOUTH BEND,LAKEVILLE,NEW CARLISLE.NORTH LIBERTY.OSCEOLA&ROSELAND
� � �www.stjosephco�ntyindiana.com/Areaplan �
Staff Renort
APC# 2581-11
Owner: Cecil&Nancy Klopfenstein
Location: 5032 Miami Street
Jurisdiction: • City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF1 Single Family and Two Family District to
OB Office Buffer District to allow insurance agency.
Land Uses and Zoning:
On site: On site is a house and shed.
North: To the north is a single family home zoned SF1 Single Family and Two Family
District and the Fairington Apartments zoned MF2 High-Density Multifamily
District
East: To the east is.a vacant parcel zoned SF1 Single Family and Two Family District .
and the Fairington Apartments zoned MF2 High-Density MultifamiIy District.
South: To the south, across Jackson Road, is the Southside Baptist Church, zoned SF 1
Single Family and Two Family District. To the southeast is the Hermitage
Estates subdivision zoned PUD Planned Unit Development District.
West: To the west, across Mianu Street, is Jackson Middle School and a IVIPSCO
substation,both zoned SF 1 Single Family and Two Family District.
District.uses and development standards:
The OB—�Office Buffer District is established to promote the development of small scale office,
professional, business, govemmental and quasi-governmental uses. Since the types of pernutted
uses in the OB District are typically less commercial in appearance and are architecturally more
hazmonious with residential structures, this district can serve as a buffer between residential
districts and more intense commercial or industrial districts.The OB Disfrict may also serve as a
gradual and reasonable transition between major thoroughfares and residenrial districts. The OB
District development standards are established to assure small scale developments.
Site plan description: � �
The site is 1.15 acres. A new 5,950 square foot building is proposed. The maximum size of a
building in the OB Office Buffer District is 5,000 square fee� A variance for building size will
need to be filed with the Area Boazd of Appeals. The building coverage is 12%of the site.
The twenty two pazking spaces,plus drives,cover 24°!0 of the site, The site plan shows an access
on Miami and an access on Jackson.The subdivision done in 198b allowed one access on Nliami.
A replat must be submitted so that the access on Jackson can be,granted by the Plat Committee
during the subdivision process.
Traffic and transportaHoa coasiderations:
Miami Road was recently widened to four lanes. Jackson Road is two lanes with a right turn
lane.
Utilities: .
The site is currently served by a well and septic system. The site plan indicates the new building
will be connected to water and sewer. Water lines are located along both Jackson Road and
Miami Street The City Engineer notes sanitary sewer is located approximately 275' east of the
site.
Additional information:(Agency comments)
The Historic Preservation Commission lists this structure as"notable"on a 2005 survey.
Cecil&Nancy Klopfenstein
#2581-11
Page 1 of 1
5 Criteria(per IC 36-7-4603):
1. Comprehensive Plan:
Policy Plan: ,
Citv Plan.South Bend ComQrehensive Plan.November 2006 '
Objective LU 2.4 Provide buffer spaces between non-compatible land uses.
Land Use Plan:
The future land use map has designated this site as low density residential.
2. Current conditions and character:
In the immediate vicinity is a school,a church,an apartment complex,and a subdivision which is �
buffered by a berm and extensive landscaping. The area to the north of the St. Joseph Valley
Pazkway is commercial.
3. Most desirable ase: � .�
The most desirable use is one that can compliment both the neighboring residential and non-
residential uses. '
4. Conservation of property values:
If properly buffered,the suaounding property values should not be affected.
5. Responsible development and growth:
It is responsible development and growth to accommodate compatible uses at this intersection.
Recommendation:
Based on info�ation available prior to the public hearing the staff recommends the petition be
sent to the Common Council with�favorable recommendation.
Analysis: �
The intent of the Office Buffer District,in part,is to serve as a transition distric�t.The OB District
� development standaTds are establis�ied to assure small scale developments. An Area Board of
Zoning Appeals variance will allow for a slighfly larger building while limiting land uses that �
would be incompatible to the area. •
Cecil&Nancy Klopfenstein
#2581-11
� � Page 2 of 2
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