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Home My WebLink AboutRezone- 17924 SR 23 ORDII�IAI�IG� I�Io. 8783-97 Passed by the Common Council of the City of South Bend,Indiana May 12, 97 19 Attest: c-� � City Clerk , LO TA J. UD Attest: ;/ 6"�� President of Common Council Presented by me to the Mayor of the City of South�end,Indiana May 13, 19 97 1 ' � City Clerk LORETTA J.D A Approved and signed by me �7ay 14, 19 97 _ � �,�.„� � o - Mayor ORDINANCE NO. U �� AN ORDINANCE A,MENDING TI-�ZONING ORDINANCE FOR PROPERTY LOCATED AT 17924 STATE ROAD 23, 1N TF� CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend,Indiana: SECTION I. ordinance No. 4990-6$, 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: Lots Numbered One Hundred Forty-Eight(148) and One Hundred Forty-Nine(149)as shown on the recorded plat of the Town of Maple Lane, in Clay Township, recorded in Plat Book 11,Page 3 in the Office of the Recorder of St. Joseph County, Indiana, excepting therefrom the following: Beginning at the Northwest comer of said Lot 148; thence North 55-50'-12"East, 122.00 feet along the Northwestern line of said Lot 148 and said Lot 149 to the Northeast corner of said Lot 149; thence South 1-01'S9"East 54.98 feet along the East line of said Lot 149;thence North 54-22'13"West, 39.15 feet; thence South 55-50'12"West, 84.49 feet to the West line of said Lot 148; thence North 1-02'S5"West, 11.10 feet along ihe West line of said Lot 148 to the point of beginning. Also excepting therefrom the south 105 feet of said Lots Numbered One Hundred Fort- Eight(148)and One Hundred Forty-Nine(149). 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. �� , Member of the Common Coun, il Filed in C��tf�ic ��t��' 2 6 �997 t st READING��' r�J?LK HEARING �—��—g7 LOAE7TE�J. DUDl9 :: rd READiNG,� � CITYCLe�i}t�E�J'.QEtdD,li'3. : I�—! ..a i�;OT APPROVEd� REFERRED PASSED 5�Z.G�'7 � SUvST�-��Q COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to wh om was referred BILL NO. 18-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 17924 STATE ROAD 23, IN THE CITY OF 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 ,a� '? ,,,. �'r Date Filed Application No. � � � � � Date received by the Area Plan Commission I the undersigned make application to the�ommon 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: 17924 State Road 23 South Bend, lndiana 46635 2) Name and address of property owner of the petition site: Patricia J. Adler 17874 State Road 23 South Bend, Indiana 46635 Phone(219) 277-3500 3) Name and address of contingent purchaser, if applicable: none 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 use: To operate an office building, using the existing structure. 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; (c) six site plans; and(d) addressed, stamped envelopes for all property owners within 300 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�nal site plan may be requested. �d,�c_�� =�'x--�L, Patricia J. Adler PETITION PREPARED BY: Lang,Feeney&Associates,Inc. Attn. J. Bernard Feeney 715 South Michigan Street South Bend, Indiana 46601 Phone(219)233-1841 Filed in Ci�r!{'� Ogfice �. �� 2 � 1997 LORETi�J. �UDS� CITY CLERK,3t1.6EPr0�IM. �. . • � �Area Plan Commission of St. Joseph County . - 1140 County-City Building South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 April 16, 1997 . 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 Patricia J. Adler to zone from '�A" Residential, "A Height and Area to "O" Office, property located at 17924 State Road 23, City of South Bend - APC #1762-97 Dear Council Members: The above referenced ordinance and site development plan of Patricia J. Adler was legally advertised April 3, 1997. The Area Plan Commission at its public hearing on April 15, 1997, took the following action: Upon a motion by Bruce Huntington, being seconded by George Hill and unanimously carried, the proposed ordinance and site development plan of Patricia J. Adler to zone from "A" Residential, "A Height and Area to "O" Office, property located at 17924 State Road 23, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. In the past, the Commission has opposed several rezonings along State Road 23; however, this site is bordered by commercial zoning to the west and north and residential zoning to the east. The "O° office zoning district has uses which are required to be compatible with residential areas and contains development controls to limit its impact on the surrounding area. The rezoning of this property to "0" office would act as a buffer and a transition from the "C" commercial district to the west to the "R" residential district to the east. 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 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. si erely, F�le� In Clertt's ��t��:� ` �� Robert W. a� APf� 1 6 19g7 RWS:sr Gt��tE7Tkd. [PU��.� CRe`r��fiR;;��f)�E4'.�.=x�. At tachment ..�.�...�„�,..� CC: Patricia J. Adler CC: Lang, Feeney & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty,Osceola,Roseland and St.Joseph County,Indiana STAFF REPORT April 7, 1997 Patricia J. Adler 1762-97 Location: 17924 State Road 23 City of South Bend REOUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A Height and Area to "O" Office to allow an office. EXISTING LAND USE: The property contains a single family home. SURROUNDING LAND USE AND ZONING: Located to the north are commercial buildings zoned "B" Business and "C" Commercial; to the east are single family homes zoned "R" Residential; to the south are single family homes zoned "R" Residential; and to the west are commercial buildings zoned "C" Commercial, "A" Height and Area in the City of South Bend. ACCESS: Access to the site is from State Road 23. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are not available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 3, 761 square feet. Of that, the building will occupy 932 square feet, or 24 percent of the site; concrete walks will occupy 234 square feet, or 6 percent of the site; and 2,595 square feet or 69 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 site plan is preliminary. AGENCY COMMENTS: PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the Staff recommends that this petition be sent to the Common Council with a favorable recommendation. In the past, the Staff has opposed several rezonings along State Road 23; however, this site is bordered by commercial zoning to the west and north and residential zoning to the east. The "O" office zoning district has uses which are required to be compatible with residential areas and contains development controls to limit its impact on the surrounding area. The STAFF REPORT April 7, 1997 rezoning of this property to "O" office would act as a buffer and a transition from the "C" commercial district to the west to the "R" residential district to the east. . �n ae �s> »> sz� s a >>e ��s PONSHA , ST . 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Z J y --— � o S3 � 136 163 Q„ 25J 280 � J41 � S16 � � � Q � � ---- 32 N 1�7 16Z � 2S4 ZSY Z ]42 N REZONING FROM; "A" RESIDENTIAL, "A" HEIGHT & AREA � T0: "0" OFFICE PETITION AREA � SOUTH BEND ZONING STJOSEPH C0._ZONING APC #1762-97 "A" RESIDENTIAL � "B" BUSINESS � 0 100 200 400 "C" COMMERCIAL O "C" COMMERCIAL 0 � � "0" OFFICE U� "0" OFFICE O "R" RESIDENTIAL O G r a p h i c S c o I e