HomeMy WebLinkAbout10146-12 Rezone - 3321 Mishawaka AvenueORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
January 23,
rnunr
2012
10146 -12
Presented by me to the Mayor of the City of South Bend, Indiana
January 24,
12
20
Approved and signed by me ����^- 2y 20 i2
City Clerk
President of Common Council
City Clerk
Mayer
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
3321 Mishawaka Avenue, South Bend, Indiana 46615, COUNCILMANIC DISTRICT 3 IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The property is currently zoned "COMMERCIAL." I request the property zoning be changed to SF2
Single Family & Two Family District. Before I purchased it, the building was used as a dentist office. I
have renovated the building adding a kitchen and a full bath and I am using the property as my
residence.
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 366 Colonia Gardens
be and the same is hereby established as SF2 Single Family & Two Family District.
SECTION U. 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.
Presented by me to the Mayor of the City of South Bend, Indiana on the L`E day of
20iat tl``�� o'clock �G m.
10 3 Approved and signed by me on the
1 st READING l
PUBLIC HEARING (- L 3 l Z
3rd READING t-L,3 -(j
NOT APPROVED
REFERRED
PASSED
City Cler
�H day of rA,0*00' _ 2012. at o'clock
Mayor of the,0Vdf South Bend, Indiana
Filed in C,"lork'u Office
JOHN VOWAID2
CITY CLERK, SOUTH DEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
12 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE AREA BOARD OF ZONING APPEALS
OF ST. JOSEPH COUNTY, INDIANA FOR THE
PROPERTY LOCATED AT 918 OLIVER PLOW COURT
AND THE PROPERTY ADJACENT TO AND EAST OF SAID
918 OLIVER PLOW COURT, 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.
This bill was heard by the Zoning and Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
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:
Address 3321 Mishawaka Avenue, South Bend, Indiana 46615
2) Name and address of property owner(s) of the petition site:
Steven E Weaver
3321 Mishawaka Avenue, South Bend, Indiana. 46615
574.310.7487
3) Name and address of contingent purchaser(s), if applicable:
NIA
4) It is desired and requested that this property be rezoned
from OB Office Buffer District
to S172 Single Family & Two Family District
5) This rezoning is requested to allow the following use(s):
I reside in the home located at this address.
6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 et of the
petition property (e) a location map, if available, drawn to scale, which includes eet names, ted in $'/2"
x 11" format.
Signatures of All rope y
or Attorney for all property Owner(s)
PETITION PREPARED BY:
Steven E Weaver
3321 Mishawaka Avenue, South Bend, In
Email Address: sweaverl960 @gmail.com
CONTACT PERSON: (If different)
Same
Filed in fork's . offiee
ENov --.
9 z o��
JOHN VO ®ft
CITY CLLPRK, SGUT14 OLOND, ON
MAILINGS
MAILI
PARCELID
NAME 1
MAILINGADD
MAILINGCIT
—
TA
NGZIP
ACOSTA PATRICK
AMERICO & DONNA
018 - 6054 -1800
SKELTON
9514 Crown Commons Dr
Crown Point
IN
46307
HULLINGER JAMES L
AND JENNIFER H
REVOCABLE LIVING
018 - 6057 -1966
TRUST
3222 Mishawaka
South Bend
IN
46615
STRUCTURE
018- 6054 -1786
CONSTRUCTION LLC
914 33RD St
South Bend
IN
46615
DOUG GARRETT
018 - 6054 -1798
PROPERTIES LLC
3617 Mishawaka Av
South Bend
IN
46615
018 - 6054 -1822
QUICK EMMA LOUISE
913 S 35th St
South Bend
IN
46615
YEAKEY WALLACE E
018 - 6096 -3404
JR
824 S 34TH ST
South Bend
IN
46615
HUNT JON R
TESTAMENTARY
TRUSTFBO
CHARLOTTE E HUNT
DOUGLAS A HUNT
018 - 6091 -3236
TRUSTEE
51559 Stapleford Ct
Granger
IN
46530
018 - 6089 -3158
SCHNAAK NICOLE L
837 S 33rd St
South Bend
IN
46615
COLT LARRY D &
018 - 6091 -3215
ELIZABETH J
3317 Mishawaka Av
South Bend
IN
46615
018 - 6091 -3216
WEAVER STEVEN E
426 S Sheridan St
South Bend
IN
46619
MCDONALD ROBERT N
018 - 6091 -3214
AND HELEN A
2949 Jamestown Ct N
Mishawaka
IN
46545
PUGH STEPHEN T &
018 - 6091 -3212
ELIZABETH A
53144 BONVALE DR
South Bend
IN
46635
PUGH MICHAEL D.
018 - 6091 -3213
AND SHARON M.
3309 Mishawaka Ave
South Bend
IN
46615
018 - 6091 -3211
MORTH ANN D
12266 Jefferson Blvd.
Mishawaka
IN
46545
DAVIS DAVID D &
LUNSFORD DAVIS
018 - 6089 -3156
PATSY
3221 Mishawaka Av
South Bend
IN
46615
HARMON SCOTT H &
018- 6054 - 178801
LISA S
924 S 33rd St
South Bend
IN
46615
MCKENNA CHARLES
ROBERT AND SANDRA
018 - 6054 -1799
A
917 S 34th St
South Bend
IN
46615
STRUCTURE
018 -6054- 178701
CONSTRUCTION LLC
914 S 33rd St
South Bend
IN
46615
018 - 6054 -1821
NIEDBALSKI CHRIS
3328 WILD CHERRY RIDGE
Mishawaka
IN
46544
TIMOTHY WARREN &
018 - 6054 -1782
ASSOCIATES INC
133 Via Poinciana Ln
Boca Raton
FL
33487
018 - 6054 -1820
COLE JASON R
3418 Mishawaka Av
South Bend
IN
46615
PROPERTIES OF
018 - 6054 -1784
IVALUE LLC
151106 High Meadows Dr lGranger
IIN
46530
BARTSCHI PAUL E III &
018 - 6054 -1785
SARAH
1885 Santo Domingo
Camarillo
CA
93012
018 - 6054 -1795
B & W ENTERPRISES
3324 Mishawaka Av
South Bend
IN
46615
018 - 6054 - 179501
B & W ENTERPRISES
3324 Mishawaka Ave
South Bend
IN
46614
018 - 6054 -1807
SILL JOHN A
3410 Mishawaka Av
South Bend
IN
46615
BOTTORFF MAX E.
018 - 6054 -1819
AND TEMPIE I.
1132 Diamond Dr
Mishawaka
IN
46544
HITE PHILLIP B AND
018 - 6091 -3230
CAROL A
842 34th St
South Bend
IN
46615
TOBIAS GREGORY A &
018 - 6091 -3223
JOAN E
841 S 35th St
South Bend
IN
46615
COTTINGHAM JASON
018 - 6091 -3231
M & SUSAN M
841 S 34th St
South Bend
IN
46615
018 - 6091 -3210
BOWMAN RICHARD A
842 S 33rd St
South Bend
IN
46615
FOX TIMOTHY W AND
018 - 6089 -3157
CHRISTINE A
841 S 33rd St
South Bend
IN
46615
FURRY BRENT ALLEN
& MARY ELIZABETH
018 - 6091 -3224
ALLEN AS JT W /FROS
837 S 35th Street
South Bend
IN
46615
018 - 6091 -3229
HANNA DAVID L
838 34TH St.
South Bend
IN
46615
018 - 6091 -3209
MURAT GEORGE JR
838 S 33rd St
South Bend
IN
46615
5 STAR INVESTMENT
018 - 6091 -3232
GROUP II LLC
PO Box 706
Middlebury
IN
46540
HAHN RICHARD L SR &
018- 6091 -3225
KIMBERLY S
1147 Lincolnway E
Mishawaka
IN
46544
018 - 6091 -3233
WITT DAVID M
122 Annie St
San Antonio
TX
78212
CRAMER DAVID C &
018 - 6091 -3208
ANDREA B
834 S 33RD St.
South Bend
IN
46615
018 -6091 -3222
RUMPF MARY J
3421 Mishawaka Av
South Bend
IN
46615
HAMMES FREDERICK
018 - 6091 -3221
J. AND MARY M.
3417 Mishawaka
South Bend
IN
46615
GARRETT ROBERT W.
018 - 6091 -3220
& VICKIE GARRETT
3413 Mishawaka Ave.
South Bend
IN
46615
CRAIG ERIC A &
018 - 6091 -3219
GLORIA K
3409 Mishawaka Ave
South Bend
IN
46615
SAYGER ALLEN W &
018 - 6091 -3218
JANEL
3405 Mishawaka Ave
South Bend
IN
46615
BARAJAS ROBERT &
018 - 6091 -3217
DEBRA
3401 Mishawaka
South Bend
IN
46615
018- 6091 -3226
BIFFLE FRANCO
831 S 35th St
South Bend
IN
46615
WEBER CHARLES R &
018 - 6091 -3227
MARY JO
1009 S 31st St
South Bend
IN
46615
SCHOOLCRAFT
018 - 6091 -3234
RACHEL
PO Box 941
Mishawaka
IN
46546
DUNN RYAN DEAN &
018 - 6091 -3207
ANDREA
830 S 33rd St
South Bend
IN
46615
018 - 6096 -3412
GATES IRA
829 35TH St
South Bend
IN
46615
FITTERLING JOHN HA
018 - 6096 -3405
1& PENNY L
828 S 34TH St
ISouth Bend
IN
46615
Filed in Clerk's Office
JOHN V00444'3;
CITY CLERK, SOUTH BEND, IN
BEYER JEFFREY S %
018 - 6091 -3235
GBR INVESTMENTS
1628 S Michigan
South Bend
IN
46613
EMMONS ZACHARY A
& MURRAY- EMMONS
018- 6091 -3206
KATHERINE E
826 S 33rd St
South Bend
IN
46615
GETZ MATTHEW D &
018 - 6091 -3228
SARAH BETH
834 S 34TH St
South Bend
IN
46615
018 - 6091 -3205
AVERY JODI A
822 S 33rd St
South Bend
IN
46615
018- 6096 -3403
BUURTIPFUUMMU
JOHN
10425 Vistula Rd
Osceola
IN
46561
018 - 6091 -3237
WICKSTROM DAVID L
13914 COUNTY RD 12
Middlebury
IN
46540
SALYER JUSTIN R &
BURKHART ROBERT
EDGAR W /PATRICIA
ANN SALYER RES LIFE
EST SEE TRANSFER
018- 6091 -3204
INOTES
818 S 33RD St
I South Bend
JIN
1 46615
Filed in Clerk's Office
JOHN V00444'3;
CITY CLERK, SOUTH BEND, IN
:4012
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND. INDIANA 46601 (574) 235 -9571
December 21, 2011
The Honorable Council of the City of
South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Steven E. Weaver to zone from OB Office Buffer District to SF2
Single Family and Two Family District, property located at 3321 Mishawaka Avenue, City
of South Bend - APC# 2617 -11
Dear Council Members:
I hereby Certify that the above referenced ordinance of Steven E. Weaver was legally advertised
on Thursday, December 8, 2011 and that the Area Plan Commission at its public hearing on
Tuesday, December 20, 2011 took the following action:
Upon a motion by Robert Hawley, being seconded by John DeLee and unanimously
carried, the proposed ordinance of Steven E. Weaver to zone from OB Office Buffer
District to SF2 Single Family and Two Family District, property located at 3321
Mishawaka Avenue, City of South Bend is sent to the Common Council with a
favorable recommendation. The return of the building to its original use as a home is
compatible with the neighboring properties, and the general mixed use of the
Mishawaka Avenue corridor.
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,
4i *M il.-
����. B ornI
Y
JWB.jsc
Attachment
CC: Steven E. Weaver
SERVING: ST JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
www.stjosephcountyindiana.com/Areapi2tn
Staff Report
'APC #
2617 -11
Owner:
Steven E. Weaver
Location:
3321 Mishawaka Avenue
Jurisdiction:
City of South Bend
Requested Action:
The petitioner is requesting a zone change from OB Office Buffer District to SF2 Single Family
and Two Family District to allow a residence.
Land Uses and Zoning:
On site: On site is a house that had been converted to a dentist's office.
North: To the north are single family homes zoned SF2 Single Family and Two Family
District.
East: To the east are single family homes zoned MF1 Urban Corridor Multifamily
District.
South: To the south is an auto repair business and an environmental firm zoned LB
Local Business District.
West: To the west are single family homes zoned MF1 Urban Corridor Multifamily
District.
District uses and development standards:
The SF2 District is established to protect, promote and maintain the development of single family
dwellings and two family dwellings in the urban core of the City of South Bend 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:
No site plan is required when rezoning to a single family district.
Zoning and land use history & trends:
Prior to 2004, this property was zoned B Multi - family Residential. When the current zoning
ordinance and map were approved in 2004, this property was changed to OB Office Buffer
District. There have been few zoning changes on Mishawaka Ave, and those have been for the
adaptive re -use of existing structures.
Traffic and transportation considerations:
Mishawaka Avenue is a two lane street with a bike lane. 34th Street is a two lane street.
Utilities:
The property is connected to public sewer and water.
Additional information: (Agency comments)
According to the River Park City Planner, "the structure is one of many in that area that can
accommodate, office, retail, or residences so it still fits in the "mixed bag" present along the 31st -
36th blocks."
Steven E. Weaver
#2617 -11
Page 1 of 2
1
Staff Comments:
A variance for the front yard setback on 34th Street will need to be applied for from the Area
Board of Zoning Appeals.
Commitments:
None proposed.
5 Criteria (per IC 36 -7 -4 -603):
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
ED 1.2 Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Plan identifies the area along Mishawaka Avenue as medium density
residential.
Plan Implementation/Other Plans:
River Park Neighborhood Preservation and Improvement Plan (February 1997)
One of the six goals is "encourage maintenance of housing and property"
City of South Bend River Park Neighborhood Mishawaka Avenue Street Scape
Beautification Plan (November 1998)
The east sector (31st Street to Logan Street) was identified as mixed use. While remaining
mostly residential, many of the single - family homes have been converted to office uses or
rental properties.
2. Current conditions and character:
Mishawaka Avenue is a mix of residential, retail and service businesses.
3. Most desirable use:
The most desirable use is a single family home or an office.
4. Conservation of property values:
This rezoning will not affect surrounding property values.
5. Responsible development and growth:
It is responsible development and growth to allow the adaptive re -use of properties along
Mishawaka Avenue.
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.
Analysis:
The return the building to its original use as a home is compatible with the neighboring
properties, and the general mixed use of the Mishawaka Avenue corridor.
Std"ven E. Weaver
#2617 -11
Page 2 of 2
13
L
{q
fq
V
Cq
LB
Mishawaka
Rezoning from:
,.OR" OFFICE BUFFER DISTRICT,
to "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT
ZONING CLASSIFICATION
SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT
SOUTH BEN D" MF1" URBAN CORRIDOR MULTIFAMILYDISTRICT
! SOUTH BEND "OB" OFFICE BUFFER DISTRICT
SOUTH BEND "MU" MIXED USE DISTRICT
SOUTH BEN D "LB" LOCALBUSINESS DISTRIC T
N
W4 J E
1 inch = 100 feet
APC # 2617-11