The URL can be used to link to this page

Home My WebLink About9654-06 Rezoning 505 E. Ireland, 4412 Fellows, and 4422 Fellows St. - District 5ORDINANCE No. 9654-06 Passed by the Common Council of the City of South Bend, Indiana February 27, Attest: Attest: 20 06 Presented by me to the Mayor of the City of South Bend, Indiana February 28, 06 20 City Clerk President of Common Council City Clerk Approved and signed by me March 3 , 20 0 6 / "" ~~~/ ~ Muy~' ORDINANCE NO. ~ b~ `I-O~o AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 E. IRELAND ROAD, 4412 FELLOWS STREET AND 4422 FELLOWS STREET, COUNCILMANIC DISTRICT NO. 5, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Zoning is now Single Family (SF1) and is requested to be changed to "O" for Office District as proposed for development along the Ireland Road Corridor. 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: Lot Numbered One (1) as shown on the recorded Plat of Huffman's First Addition to the City of South Bend, recorded June 18, 1955 in Plat Book 19, page "H", in the Office of the Recorder of St. Joseph County, Indiana. EXCEPTING THEREFROM: A parcel of land 22 feet in width, North and South taken off of the entire length of the North side of said Lot. Lot Numbered Two (2) as shown on the recorded Plat of Huffman's First Additon to the City of South Bend, recorded June 18, 1955 in Plat Book 19, page "H", in the Office of the Recorder of St. Joseph County, Indiana. Lot Numbered Three (3) as shown on the recorded Plat of Huffman's First Addition to the City of South Bend, recorded June 18, 1955 in Plat Book 19, page "H", in the Office of the Recorder of St. Joseph County, Indiana be and the same is hereby established as "O" Office 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. .~ Member of th ommon Council Attest: C Cek Presented b~ me to the Mayor of the City of South Bend, Indiana on the Z ~-. day of bY,,~,N , 2 oc~ ~ , at Z `- `l s- o'clock ~. m. ~~,~,1, ~„ City Clerk Approved and signed by me on the 3 ~°~ 2_(~, at ~Z = ~S o'clock ~. m. Mayor, City of o Bend, Indiana t oS \ 1st READING ~ 2'~ ~ ~ (~ Z~ S u~5~~.c~i ~~', G_ S f`'r°°. ~_` PUBLIC HEARING Z'Z'~~~ t ~1 ~S 1~vr~,..~.a_,.~ 3 rd READING 'Z,-Z„~-Ob 1-'~- ~J,.~S^}-~ NOT APPROVED ~L,~L~ p5- REfERRER ~-p, ~ `,~ PASSED `~...-~~ -O~ Z'~ Su~~ s~ ~ a S -~°~' day of 'tw- ~- , Filed In Clerlc'S ~fiiice DEB _ g 2006 JOHN ~SORBE D, ~. ctrr cL~atc, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 93-05 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 505 E. IRELAND ROAD, 4412 FELLOWS STREET AND 4422 FELLOWS STREET, COUNCILMANIC DISTRICT NO. 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 as substituted by changing the requested zoning from CB Commercial Business to O Office. Karen L. White Chairman Date Filed Date received by the Area Plan Commission 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. Application N 1) The property sought to be rezoned is located at: 505 E. Ireland Road 4422 Fellows Street 4412 Fellows Street 2) Name and address of property owner(s) of the petition site: City of South Bend ROI Investments Redevelopment Commission Dan Brekke 1200 County-City Building 4422 Fellows Street South Bend, IN 46601 South Bend, IN 46614 (574)235-5842 (574)291-4111 3) Name and address of contingent purchaser(s), if applicable: ROI Investments (Lot 3 only) Tyler Glynn 910 Ireland Road South Bend, IN 46614 (574) 291-4111 4) It is desired and requested that this property be rezoned From SFl to O 5) This rezoning is requested to allow the following use(s): As described "allowable uses" under O classification Raymond H. & Dorothy M. Unruh 4412 Fellows Street South Bend, IN 46614 (574)235-5842 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 available, dra t scale, which includes street names, printed in 812" x 11" format. ;~ , Q~J //// , Redeve ent Co fission Dan Brekke `mil R mond H. Unruh ~ /~~ ~~ ~~r ~Doroth .Unruh Fii~d n1 Clerk's Ofifiice FEB-92006 Cl'1'1' GIEr~Y., SD. BckD, IN. PETITION PREPARED BY: Dennis Murphy Lehman & Lehman, Inc. 510 Lincolnway East Mishawaka, IN 46544 (574) 257-0255 dennis@lehmanandlehman.com CONTACT PERSON: Tyler Glynn 910 Ireland Road South Bend, IN 46614 (574) 291-4111 Staff Report APC # 2356-OS Owner: City of South Bend Redevelopment Commission, et al Location: 50~ E. Ireland Road and 4422 & 4412 Fellows Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "SFl" Single Family and Two Family to "CB" Community Business to allow allowable uses under "CB" Community Business. Land Uses and Zoning: On site: On site are one vacant lot and two single-family homes zoned "SF1" Single- Family residential. North:. _ __ Toahe. north are.single-family_homes zoned"SF 1 ".Single-Family residential.. East: To the east is the Erskine Municipal Golf Course zoned "SF1" Single-Family residential. South: To the south is asingle-family home zoned "OB" Office Buffer. On the southwest corner of Ireland Road and Fellows Street is Zikers Cleaners zoned "OB" Office Buffer. West: To the west is an office building zoned "CB" Community Business. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The three lots encompass 30,863 square feet or 0.71 acres. A 5,600 square foot building is shown on the east side of the property and covers 18% of the site. Twenty parking spaces are required and twenty-nine parking spaces are shown covering 40% of the site. The open space/landscaping portion of the site covers approximately 13,000 square feet or 42% of the site. There is no foundation landscaping shown, but it will be required. The site will be accessed from one driveway off Fellows Street. A front and eastern side yard setback variance will be required. Residential bufferyard landscaping is shown on the northern boundary and a retention basin is shown just north of the building. Zoning and land use history & trends: In 2000, the Common Council approved rezoning the northwest corner of Ireland Road and Fellows Street from "A" Residential to "PHC" Professional/Health Care offices. In 2004, the same parcel was rezoned to "CB" Community Business with the adoption of the new zoning map. Over the past 30 years, this segment of Ireland Road between Michigan Street and Miami Street has changed from residential to office and commercial. [n the past the policy of the City was that the four corners of Fellows Street and Ireland Road should be reserved for offices that would better protect the residential uses to the north and south. Traffic and transportation considerations: Ireland Road is a four lane arterial street at this location. The MACOG traffic counting program counted 17,685 cars per day at a location on Ireland Road east of Fellows Street in 2002. Utilities: The site will be served by City of South Bend municipal water and sanitary sewer. City of South Bend Redevelopment Commission, et al #2356-OS Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Goal 2: Objective B: Locate employment uses in such a manner that conflicts with residential land uses are minimized. Goal 2: Objective B: Policy I: Fashion a land use plan that ensures physical separation and/or buffering between employment and residential uses. The petition is in conflict with the Comprehensive Plan. Land Use Plan: The petition area is designated as a Commercial Growth Area by the Land Use Plan. The petition.is_consistent_with the Land_Use. Plan.- - - 2. Current conditions and character: The petition area is adjacent to an established single family residential neighborhood. 3. Most desirable use: The most desirable use would be for those uses allowed in the "OB" Office Buffer or "O" Office district in order to buffer the residential neighborhood from the commercial areas to the south and west. 4. Conservation of property values: Residential property values could be adversely affected should the rezoning be approved. ~. Responsible development and growth: It is not responsible development and growth to allow a residential neighborhood to be intruded upon by a zoning designation that allows such a high intense incompatible retail land use. Recommendation: Based on information available prior to the public hearing the Staff recommends that this be sent to the Common Council with an unfavorable recommendation. Analysis: This rezoning would conflict with Goal 2, Objective B of the Comprehensive Policy Plan. The rezoning allows high intensity commercial uses that would be in conflict with the northern established single-family neighborhood. This residential neighborhood would be better protected by either leaving the property zoned single-family or zoning it to one of the office zoning districts. City of South Bend Redevelopment Commission, et al #2356-OS Page 2 of 3 SOUTH BEND ZONING DISTRICT, zoNING REZONfNG FROM:"SF1"Single Family Residential ~~ Ci~f44f41~1~i'ITY nUSiIVESS T0: °CB" Community Business ~!==ICE R~J~FER Q SIf~GL= FA„1,LY APC 2356-05 1 inch equals 250 feet City of South Bend Redevelopment Commission, et al #2356-OS Page 3 of 3