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Home My WebLink About9631-05 Rezoning 1640 South Bend Ave. & property between 1612 & 1640 South Bend Ave. - District 4ORDINANCE No. 9631-05 Passed by the Common Council of the City of South Bend, Indiana November 14, Attest: Attest: JOHN ~¢ Presented by me to the Mayor of the City of South Bend, Indiana 05 November 15 20 JO. City Clerk President of Common Council City Clerk Approved and signed by m~~ o v e m b e r 15 , 20 ,~_ 20 05 x`°31-~~ ORDINANCE NO. ~,. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1640 SOUTH BEND AVENUE AND PROPERTY BETWEEN 1612 AND 1640 SOUTH BEND AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE CURRENT ZONING OF THE PARCELS LOCATED WITHIN WOODED ESTATES IS "SFl" SINGLE FAMILY AND TWO FAMILY DISTRICT AND WILL BE CHANGED TO "OB" OFFICE BUFFER DISTRICT FOR LOTS 32 AND 33 FOR USE AS A LAW OFFICE AND TO "LB" LOCAL BUSINESS FOR LOT 31 FOR EXPANDED PARKING FOR THE RESTAURANT LOCATED ON LOT 30. 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: LOTS NUMBERED THH2TY-TWO (32) AND THIRTY-THREE (33) AS SHOWN ON THE PLAT OF WOODED ESTATES AS RECORDED IN PLAT BOOK 16, PAGE W-5 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as "OB" OFFICE BUFFER DISTRICT. LOT NUMBERED THIRTY-ONE (31) AS SHOWN ON THE PLAT OF WOODED ESTATES AS RECORDED IN PLAT BOOK 16, PAGE W-5 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as "LB" LOCAL BUSINESS 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. ~ ~ C Member of the Common Counci Attest• Cle k Presented by me to the Mayor of the City of South Bend, Indiana on the ~ .~" day of /"0~- , ZOOS, at ~'. L S o'clock _~.m. ~_ ~~~ City Cl Approved and signed by me on the ~_ day of N~ , 200 .Sat s :.SO o'clock .m. /~~- Mayor of the of South Bend, Indiana 1st READING `~ ~ L-0~ PU6LIC HEARING. ~ l-~`~~0~ 3 rd READING ~ ~-1 `~ ~~ NOT APPROVED REFERRED 1~ -P ~ ct'~~~8s.. PASSED ~ `_ ~~ 0 S~ Filed Es < Ci^r,~'s of€i~e SEP 7 2005 JOFl~ 4'OOR4E CITY CLEftK, SD. EEt~D, tti TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 66-05 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1640 SOUTH BEND AVENUE AND PROPERTY BETWEEN 1612 AND 1640 SOUTH BEND AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT 4 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 no recommendation as there was not a quorum. Roland Kelly Chairman Date Filed Date received by the Area Plan Commission Application No 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: Property located at 1640 South Bend Avenue and property between 1612 and 1640 South Bend Avenue, South Bend, Indiana 46617, located on the southeast side of South Bend Avenue (State Road 23) just south of Edison Road. 2) Name and address of property owner(s) of the petition site: Lots 32 & 33 of Wooded Estates Lot 31 of Wooded Estates Jed F. Eide & John Robert Plennert John C. Derda 922 East Wayne Street 1640 South Bend Avenue South Bend, IN 46617 South Bend, IN 46617 (574) 289-5173 (574) 289-6666 3) Name and address of contingent purchaser(s), if applicable: For Lots 32 & 33 of Wooded Estates Franklin D. Julian Sweeney Law Firm -Trial Attorneys 53779 Generations Drive South Bend, IN 46635 (574) 247-1234 Lot 31 of Wooded Estates will continue to be owned by John C. Derda. 4) It is desired and requested that this property be rezoned from "SF1" Single Family and Two Family District to "OB" Office Buffer District for Lots 32 and 33 and to "LB" Local Business District for Lot 31 both in Wooded Estates 5) This rezoning is requested to allow the following use(s): Law Office and Additional Restaurant Parking Fiied ni Cierk's Office SEP - 7 2005 JOHN VOORDE CITY CLERK, S_~D='N' - 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 envelopes for all property owners within 300 feet of the petition property (f) a location map, if avail ble, drawn to scale, which includes street names, printed in 8'h" x 11" format. ~ ~ J~~~~ Jed F. Eide PETITION PREPARED BY: Derek J. Spier, A.I.C.P. 750 Lincoln Way East South Bend, IN 46601 (574)232-8700 dspier@abonmarche.com CONTACT PERSON: (If Same John ~+bert Plennert Filed n etk's Q~ICB SEP - 7 2005 JOHN VSD. BEND, IN. CRY CLERK, PATRICK & JOSEPHINE SIMERI JAMISON INN PARTNERSHIP 52595 WILLOW BEND DRIVE 1404 NORTH IVY ROAD GRANGER, IN 46530 SOUTH BEND, IN 46637 24-1008-0618 24-1008-0668 18-5146-5415 TGM PROPERTIES, LLC PATRICK & JUDITH OLIVIA 117 SOUTH MAIN STREET 54405 OLD BEDFORD TRAIL MISHAWAKA, IN 46544 MISHAWAKA, IN 46545 18-5147-5472 18-5151-5673 18-5151-5672 JOHN C. DERDA ERVIN & MARTA RACZ 1640 SOUTH BEND AVENUE 1350 BLACK OAK DRIVE SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-5146-5423 18-5147-5474 DAVID M. HARPSTER GEORGE & JENIA TSCI-IUMAKOW 1346 BLACK OAK DRIVE 702 EAST MISHAWAKA AVENUE SOUTH BEND, IN 46617 MISHAWAKA, IN 46545 18-5147-5475 18-5146-5426 JO ELLEN PRAKLET JAMES MBUGUA & 1707 OAK PARK DRIVE TABITHA KIEME SOUTH BEND, IN 46617 1324 WHITE OAK DRIVE 18-5147-5476 SOUTH BEND, IN 46617 18-5146-5427 ROSEMARY BELLA JACKIE & LINDA DERRICKSON 1609 OAK PARK DRIVE 1324 BLACK OAK DRIVE SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-5146-5429 18-5147-5512 DANIEL A. FONTANA TRUST TED MCNALLY 404 SOUTH LINCOLN 1319 BLACK OAK DRIVE HINSDALE, IL 60521 SOUTH BEND, IN 46617 18-5146-5416 18-5146-5433 THOMAS TRINIDAD & GAIL D. MARTI REV. TRUST KINDRA WILSON 1614 OAK PARK DRIVE 1311 WHITE OAK DRIVE SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-5146-5436 18-5146-5420 KEVIN & CHRISTY CZARNECKI DAVID & CATHERINE BRUCKBAUER 1242 WHITE OAK DRIVE 1233 WHITE OAK DRNE SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 18-5146-5437 18-5146-5452 ANDREW D. & DENISE TEETER 1725 OAK PARK DRIVE SOUTH BEND, IN 46617 18-5147-5477 CARMELLA & JOHN RAPPELLI 704 PEASHWAY SOUTH BEND, IN 46617 24-1003-0570 24-1003-0571 UNIVERSITY OF NOTRE DAME DU LAC 836 GRACE HALL NOTRE DAME, IN 46556 17-1017-0406 KARL & DELBA SMITH 1339 BLACK OAK DRIVE SOUTH BEND, IN 46617 18-5146-5432 CORDELL CARTER, JR. 1621 OAK PARK DRIVE SOUTH BEND, IN 46617 18-5146-5431 ARTHUR & FRANCES O'LEARY 1617 OAK PARK DRIVE SOUTH BEND, IN 46617 18-5146-5430 RICHARD & MICHELLE ARTLEY, JR. 1308 WHITE OAK DRIVE SOUTH BEND, IN 46617 18-5146-5428 KATHERINE PHELPS 1622 OAK PARK DRIVE SOUTH BEND, IN 46617 18-5146-5434 GEORGIA FIELDS 1305 WHITE OAK DRIVE SOUTH BEND, IN 46617 18-5146-5421 GERARD T. DAMS 1716 EDISON ROAD SOUTH BEND, IN 46617 18-5147-5471 File in Cl~l~lz'~ Q~ice SEP - 7 2005 JO'riN VOORDE CITY CLE?K, Sq. Dat~D, f!I. STATEMENT OF PURPOSE AND INTENT The purpose of rezoning within the Wooded Estates Subdivision is to change the current "SF1" Single Family and Two Family District zoning to "OB" Office Buffer District for Lots 32 and 33 to allow for the development of a law office and to "LB" Local Business for Lot 31 for expanded parking for the restaurant located on Lot 30 of Wooded Estates. Fi91r~ it G{~;,~,'~ i~~-~~sr SEP - 7 2005 JGiiPJ ~~~ ~6END,1!d. Ci7Y CLEAt, F: lProjectslMS-08561Statement of Purpose and Intent.doc LEGAL DESCRIPTION: LOTS NUMBERED THIRTY-ONE (31), THIRTY-TWO (32) AND THIRTY-THREE (33) AS SHOWN ON THE PLAT OF WOODED ESTATES AS RECORDED IN PLAT BOOK 16, PAGE W-5 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA. _.------ ~~~ SEP - 7 c. ~.~~ J~;"i V~4 uF~~ I*1. CITY Clr;~i,, ~~. U°. , • Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 www.areaplan.org Fax 574 235-9813 October 19, 2005 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of John C. Derda.et al to zone from "SF1" Single Family and Two Family to "OB" Office Buffer for Lots 32 and 33, and "LB" Local Business for Lot 31, property located at 1640 South Bend Avenue, and property between 1612 and 1640 South Bend Avenue located on the southeast side of South Bend Avenue(State Road 23) south of Edison Road, City of South Bend - APC# 2337-OS Dear Council Members: I hereby Certify that the above referenced ordinance of John C. Derda. et al was legally advertised on Thursday, October 6, 2005 and that the Area Plan Commission at its public hearing on Tuesday, October 18, 2005 took the following action: Upon a motion by John DeLee, being seconded by Gary Gilot and unanimously carried, the proposed ordinance and site development plan of John C. Derda. et al to zone from "SF1" Single Family and Two Family to "OB" OfficeBuffer for Lots 32 and 33, and "LB" Local Business for Lot 31, property located at 1640 South Bend Avenue, and property between 1612 and 1640 South Bend Avenue located on the southeast side of South Bend Avenue(State Road 23) south of Edison Road, City of South Bend is sent to the Common Council with a favorable recommendation. Similar petitions for two of the three lots have been approved on two previous occasions. The petition minimizes curb cuts and allows access between the two developments thereby complying with the Comprehensive Plan. This is a transition area between the mainly commercial uses to the north of Edison Road and the residential uses to the south therefore the "OB" Office Buffer district works well in this location. 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, ohn W. Byo JWB:sr Attachment CC: John C. Derda. et al - Franklin DJulian - Derek J. Spier Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2337-OS Owner: John C. Derda. Et al Location: 1640 South Bend Avenue, and property between 1612 and 1640 South Bend Avenue located on the southeast side of South Bend Avenue(State Road 23) south of Edison Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "SFI" Single Family and Two Family to "OB" Office Buffer for Lots 32 and 33, and "LB" Local Business for Lot 31 to allow law office and additional restaurant parking. Land Uses and Zoning: On site: On site is vacant undeveloped land zoned "SF 1" Single and Two Family Residential. North: To the north is a small retail center and a tavern zoned "LB" Local Business. East: To the east is a restaurant zoned "LB" Local Business. South: To the south are single family homes zoned "SF1" Single and Two Family district. West: To the west are single family homes zoned "OB" Office Buffer and "SF1" Single and Two Family Residential. District uses and development standards: The "OB" Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the "OB" District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The "LB" Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the "LB" Districts are regulated in character to assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: A two story, 4,500 square foot building is proposed for construction on the west side of the site. Access will be from an existing curbcut (no new curbcuts are proposed). Residential bufferyard landscaping is shown along the entire southern border of the property. Twenty-Eight (28) parking spaces are shown on the eastern two-thirds of the property. Roughly 51% of the site will be pavement and concrete, 40% will be open space, and the remaining 9% will be the building footprint. Dimensional variances will be required for parking within 15 feet of the right-of--way and for parking within the required side yard setback. Zoning and land use history & trends: Lots 32 and 33 have been rezoned to "C-1" Commercial on two different occasions (1988 and 1993) and then reverted back to residential both times. The parcel to the west of the petition area that is currently zoned "OB" Office Buffer vas rezoned to "C-1" Commercial in 1991 and was limited to professional office uses. John C. Derda. Et al #2337-OS Traffic and transportation considerations: S.R. 23 is a four lane road at this location. It is a major transportation route between South Bend and the northeastern parts of the county. Edison Road is a five lane thoroughfare just north of the petition area. Utilities: The site will be served by City of South Bend municipal water and sanitary sewer. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Goa12: Objective C: Policy iii: Where feasible, design future commercial sites for convenient access and safety; minimize curb cuts and distracting signage, and encourage access between adjacent development. This petition is incompliance with the Policy Plan. Land Use Plan: This area is not designated for any specific growth by the Land Use Plan. 2. Current conditions and character: All comers of the intersection of Edison Road and State Road 23 currently are commercial in nature. The neighborhoods to the East and South are residential in nature. 3. Most desirable use: The most desirable use is for commercial and office development. 4. Conservation of property values: Surrounding property values should be minimally affected with this rezoning due to the required bufferyards. 5. Responsible development and growth: It is responsible for new development to comply with the Policy Plan of South Bend and St. Joseph County. Locating office and commercial uses near intersections of well travelled thoroughfares is responsible development and growth. Recommendation: Based on information available prior to the public hearing staff recommends that this be sent to the Common Council with a favorable recommendation. Analysis: Similar petitions for two of the three lots have been approved on two previous occasions. The petition minimizes curb cuts and allows access between the two developments thereby complying with the Comprehensive Plan. This is a transition area between the mainly commercial uses to the north of Edison Road and the residential uses to the south therefore the "OB" Office Buffer district works well in this location. John C. Derda. Et al #2337-OS ,'tli:1.. _ R ~~ 11i' ~~ (i ~}~ LF3 R--- ~ 53 . •`'+ ~~ ~~ LR ` ;, LE ';<k. r~ lip<xrt~~ ~~ ~ lI _, CfIS ~!"K cK ~cive c~aK Pa `~ S~U7HBET~D ZOHiYG REZONING FROM: "SF1"Single Family and Twa Family o T0: "OB" Office Buffer & "LB" Local Business 0 N O D D.. O 0 0 100 200 400 APC 2337-05 Feet c;i; \(P_' CIt Edison Road John C. Derda. Et al #2337-OS