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HomeMy WebLinkAbout9600-05 Rezoning - 3610, 3612, 3618 Edison and 1315 Hickory - District 4ORDINANCE No. 9600-05 Passed by the Common Council of the City of South Bend, Indiana July 11, 2005 Attest: Attest: Presented by me to the Mayor of tlae City of South Bend, Indiana July 12, JOHN 05 20 Ciry Clerk President of Common Council City Clerk Approved and signed by me ~ u ~ Y 13 , 20 0 5 Marym ORDINANCE NO. ~~©~~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3610 EDISON ROAD, 3612 EDISON ROAD, 3618 EDISON ROAD AND 1315 HICKORY ROAD, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning on said property is "SF-1" Residential and "O" office. We are seeking to rezone said property to "LB" Local Business. The purpose of the rezoning is to construct or cause to construct two buildings for retail and or office use to benefit the tax base of the City of South Bend, create new jobs in the City of South Bend, and beautify a challenged hard corner in the City of South Bend. 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 6 Murphy's 1St addition 18-5200-7713 Lot 7 Murphy's 1St addition 18-5200-7714 Lot B Curry's replat 18-5200-7715 Lot 14 Murphy's 1St addition 18-5200-7713 be and the same is hereby established as "LB" Local Business. 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 ouncil Attest: ity C k Presented by me to the Mayor of the City of South Bend, Indiana on the ~-~~ day of ~ , 2 6~r , at Z'~ iS" o'clock ~. m. ~~ ~,~City Clerk ~- Approved and signed by me on the ~ day of ~ G~- , 2 4c~ , at ~°= 3zi o'clock ~. m. .~- :~ Mayor, City o uth end, Indiana 1st READING ~~ ~3.0~' PUBLIC HEARING~JI~~~S_ 3 rd READING ~--1\-oS NOT APPROVED of REFERRED ~'P'~`~~~ PASSED "1-l\-~~ Filed nl Clerk's Office JUN - 9 ?005 JOi~N VOORDE CITY CLE~iK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 25-05 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3610 EDISON ROAD, 3612 EDISON ROAD, 3618 EDISON ROAD AND 1315 HICKORY ROAD, 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 a favorable recommendation. Roland Kelly Chairman Date Filed Application No. 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. 1) The property sought to be rezoned is located at the SW corner of Hickory and Edison Roads, in South Bend, IN SEE ATTACHED... 2) Name and Address of Property Owner Peter Taddeo P.O. Box 8195 South Bend, IN 46660 (574} 532-3334 3} Name and address of contingent purchaser Jeff Brant/W.J.Brant Jr. & Associates 1947 Woodlawn Griffith, IN 46319 (219) 838-2300 EXT. 103 4) It is desired and requested that this property be rezoned from "SF-l." Residential. and "O;' Office to "LB" Local Business 5) This rezoning is requested to allow the following use(s) "LB" Local Business: 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) statement of purpose and intent; (d) 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 the property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8 '/z' X 11' F' ~~~~ T.~~ i .:~ Signature of Property Owner PETITION PREPARED BY: Andrew J. Nemeth Andrew Nemeth Properties, LLC 922 East Jefferson Blvd. Suite 200 South Bend, IN 46617 (574) 232-3600 EXT. 211 CONTACT PERSON: Andrew J. Nemeth Filed in Clerk's Office JUN - 9 2005 JOHN VOORDE CfTY CLERK, S0. BEND, tN. 04/26/2005 15:31 2192393557 APRSLGRP HALLMARKREA CIFS~_ f~IF'rs Ic~~ly PAGE 04 P4RCEL I: t_ot Lette~•ed "E3~' as shown on th? recorded Plot of Curry's F:ef~fct of Lots 8 a ~..,~;,...,,, r~rr,n-1?d ,april '1 1 , 1988 ~~ through 13, titurpliy~s First .4ddi°,ion, So~iii~ Benu, ~~~~~~~~~• the Office of the Recorder of St. Josel;h County. Indiono, os Instrum~;nt Nc. 880:3UU!. PARCEL II: Lots Numbered Six (6) and Seven (7) d^, shown on the recorded Plot of Murphy's First Addition, recorded December 9, 1947 in the Office of the Recorder of St. Joseph County, Indiono, in Plot Book 17, page M. PARCEL III: Lot Numbered Fourteen (14) except the East ten (10) feet thereof, as shown on the recorded Plot of Murphy's First Addition, recorded in the Office of the Recorder of St. Joseph County, Indiono, in Plot Book 17, page M• FURTHER DESCRIBED AS FOLLOWS; Part of the Southeast Quarter of Section 5, Township 37 North, Range 3 Eost, Forioge Township, City of South Bend, St. Joseph County, Indiana, described ~s follows: Beginning at the Northeost corner (on Hickory Rood) of Lot 8, Curry's Replot; thence South 00'-00'-00 West on the West right of way line of Hickory Rood, a distonce of 354.21 feet to the South line of Lot 14. Murphy's First Addition: thence South 89'-45'-09'• West on said South line, a distance of 140.00 feet to the Southwest corner of said Lot 14; thence North 00'-00'-00" West parollel to the Wesi right of way line of Hickory Rood, a distonce of 216.62 feet; thence South 89'--33'-00" West parallel to the South right of woy line of Edison Rood, a distonce of 122.61 feet to the Southwest corner of Lot 6, Murphy's First Addition; thence North 00'-03~-26" East on the West line of sold Lot 6, o distonce of 150.00 feet to the South right of woy line of Edison Road; Thence North 89'-33'--00" East on Soid South right of woy line, a distonce of 247.89 feet; thence South 48"-43•-53" East, o distance of 19.38 feet to the point of beginning. _._......_ Subject to legal highways, easements and restrictions of record. ~ r,~}t'S Qei3CE' Filed it ~!~ The oreo of the described troct is 1.5~a9 acres, more or less. APR 2 9 2Q~~5 To: WHOM IT MAY CONCERN ~©~„~ v~,na~E Lowyers Title Insurance COrpOrotiGrt ~ITy CL[R~> so• FFrt~, l~• _... Meridivn Title Corporation This is to certify that this map Gr plot cncl the survey on which it is bused were ma~9e in oocordonCe with "'Minirnum Standard Detoil Re~~urremFnts for P.LTAj AGSM Lend Title S~,rveys." jointly e:,tvb~ished and adopted by ALTA. AGSM and N5PS in 1999, and includes items 1 , 3. 4, 5. 8, fit. 10, and 1 1(a - ~~f Trable A ther~~~f. Fur;uont to the Ac~uro~y `•'~~ndor~js• ~]s odo;.~t~d t•y A1.1,a, NSPS. C~nc9 AC•SM and in ~ffe~t urr the clCte of this a~=r'tifirotion, undersi~necf fu'tf•iNr r..?rtities thUt f%rt'F'er rri:14 l~rc>ce:c~jure~. on~F•,lay%-d in C,rd~r' 1p C,sChi~-v~ instr~.~martrttir.n, on~~ odequ~~te survey I•~~rgc.•nr~wl v~~erN ,i. ..• ~..nl: ri;,lnrrr• nfr(j C:Io~Ure re?:;Utt`_~ ~„~~rr,uurUC~rt .'.• ,.i,v:_, ~~~~ii.,~.ti. .~ ..~ ..... ~.-.::" ~ '(~.~~.IWirF;~i•,.?nt~, f~.>r `rr.~rve:y hl~ro,.ur~-tt••nt;; +Nl~i~.h C~~ntrc.~l I~tr~(I ,E ;,~~~rtcl~lr~z> Ic:r Al.l~%A~ ,t~: 18-5201-7728 SESSLER, Owen E. or Edith Shewchuk 1245 Edison Road South Bend, iN 46615 18-5201-7727 Harman Daniel H and Sharon A 556 North Oakland Avenue Mishawaka, IN 46544 18-5201-7723 Tm Investment Corp c% Unicorn Management PO Box 8195 South Bend, IN 46660 18-5200-7708 Housing Authority of South Bend 501 S. Scott Street South Bend, IN 46601 18-5201-7724 Taddeo, Peter T. PO Box 8195 South Bend, IN 46660 27-1069-15$6 Community Wide Federal Credit Union 1555 West Western Avenue South Bend, IN 46619 27-1069-1581 Raps Real Estate LLC 54401 26~' Street South Bend, IN 46635 27-1001-060501 Benedict, Stuart J Trust Agreement 1023 West Edison Mishawaka, IN 46545 27-1001-060501 M J Investments LLC 131 South Taylor Street South Bend, IN 46601 29-1001-000203 Don and Pat Cressy 3501 East Edison Road South Bend, IN 46615 24-1001-044 Baugo Creek Realty 3501 East Edison Road South Bend, IN 46635 CieCk' ~ Off ice Fi1ed to o ~^"~ APR ~.~~ ... .. 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' '~ ~ .~ ~~ ~ ? , s ' n ~'~ c . - ~ fit,'--~: Photography_Spnng 2002 ' t .~ '~ _ f r ~ ~ _~~~~ _ ~ PreDareo Dy Seth Frame "~~ 1~, t ~lf 's,,~. "tt ~^- s~.. ~. ~. ~7 lOr 1~~~~h ~ / ~~` St Joseph CountyAuaitorsOtf~ce Yl F ~ '~ 1 ~ ~"b` ~! _„ r ~ ' ~ ~ _ .4F ~` N' E 227 W Jefferson Bivd 18-518767195 ~. ~.'.- ~ ~ ; ~,~18; ~ ,~~o -"r ~ ~ ~ ~_ r-r ~ _~ ~, ~ 1.. - t .~.. ~ -t- ,ay 1 ~ South Bend. Indiana 46fA1 ~~ ~"*~ • i -f~°.. '~`'a - - TG ~'^'~'~. ~ Phone (574)2359463 Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 574 235-9571 www.areaplan.org Fax 574 235-9813 June 22, 2005 ~ l ~ ' (~ ~ i ~~_ !,~ The Honorable Council of the City of ~~.J V South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Peter Taddeo and Jeff Brant/W.J. Brant Jr., & Associates to zone from "SF1" Single Family and Two Family Residential and "O" Office to "LB" Local Business, property located at the southwest corner of Hickory and Edison Roads, City of South Bend - APC# 2317-OS Dear Council Members: I hereby Certify that the above referenced ordinance of Peter Taddeo and Jeff Brant/W.J. Brant Jr., & Associates was legally advertised on Thursday, June 9, 2005 and that the Area Plan Commission at its public hearing on Tuesday, June 21, 2005 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance and site development plan of Peter Taddeo and Jeff Brant/W.J. Brant Jr., & Associates to zone from "SF1" Single Family and Two Family Residential and "O" Office to "LB" Local Business, property located at the southwest corner of Hickory and Edison Roads, City of South Bend is sent to the Common Council with a favorable recommendation. The intersection of Hickory Road and Edison Road is a "Gateway" to the City of South Bend from the City of Mishawaka. High quality design and development at this corner will reflect positively on South Bend as commuters enter and exit the city. Rezoning to the least intense zoning designation that allows for retail use will protect the surrounding residential neighborhood while bringing needed services to the area. 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. Sin ely, ~~ o ert W. Sante RWS:sr Attachment CC: Peter Taddeo and Jeff Brant/W.J. Brant Jr., & Associates Jeff Brant/W.J. Brant Jr. & Associates Andrew Nemeth Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2317-OS Owner: Peter Taddeo and Jeff Brant/W'.J. Brant Jr., & Associates Location: the southwest corner of Hickory and Edison Roads Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "SFl" Single Family and Two Family Residential and "O" Office to "LB" Local Business to allow uses permitted in the "LB" Local Business District. Land Uses and Zoning: On site: On site is asingle-family home zoned "O" Office and vacant land zoned "SF 1 " Single-Family and Two-Family Residential. North: To the north is a retail center zoned "LB" Local Business. East: To the east on Edison Road are two commercial retail businesses and vacant land zoned "C-1" in the City of Mishawaka. South: To the south is a vacant lot and single-family homes zoned "SF1" Single-Family and Two-Family Residential. West: To the west is multi-family housing zoned "MF2" High Density Multi-Family District uses and development standards: 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: The preliminary site plan shows two retail builings. One fronts Hickory Road and is 8,40 square feet of retail space. The second building fronts Edison Road and is 8,580 square feet of retail space. The total area to be rezoned is roughly 1.6 acres. Retail buildings comprise 17,040 square feet, or 25% of the site. Roughly 32,000 square feet, or 45% of the site, is to be parking, drives and sidewalks. Lastly, roughly 20,600 square feet, or 30% of the site, is to be landscaping/open space. ' Zoning and land use history & trends: Land use at this intersection has been transitioning from residential to commercial uses. The northwest corner of Edison road and Hickory Road is a retail center, which was rezoned from "A" Residential to "LB" Local Business in 2002. This is a high traffic intersection that lends itself well to commercial use and development. Land to the north and to the east is zoned "C-1" in the Cixy of Mishawaka. Traffic and transportation considerations: Edison Road is a four lane arterial in the City of South Bend and in the City of Mishawaka. It is a major eastlwest thoroughfare between the two. municipalities. In 2001, using the Michiana Area Council of Governments (MACOG) Traffic Volume Counting Program, the traffic on Edison Road, west of Hickory Road, was recorded at 31,509 cars per day. Hickory Road is a four lane arterial at this location. In 2001, the traffic count on Hickory, north of Corby Street, was 17,826 cars per day. Peter Taddeo and Jeff Brant/W.J. Brant Jr., & Associates #2317-OS Page 1 of 3 Utilities: Municipal water and sanitary sewer will be extended from existing locations to serve the property. ~ Criteria (per IC 36-7--1-603): 1. Comprehensive Plan: Policy Plan: Goal 2 of the Policy Plan states: Encourage economic development of the county and its municipalities. Goal 2, Objective C states: Develop quality business areas to meet the retail and service needs of the planning area. Goal 2, Objective C, policy x states: South Bend will cluster future commercial development in commercial activity centers along major transportation arteries. Strip commercial development will no longer be an acceptable development option. The proposed rezoning supports these goals. Land Use Plan: There are no known conflicts with the Land Use Plan. 2. Current conditions and character: Although the aerial photograph shows there being four single-family homes, there is actually only one remaining on the property. The entire intersection is zoned for some type of commercial use. This intersection has tens of thousands of cars pass by it everyday. 3. Most desirable use: Ideally, uses that are permitted under the "LB" Local Business designation constitute the most desirable use. -t. Conservation of property values: Due to the landscaping requirements of the "LB" Local Business District, the effects on surrounding property values, should this rezoning be approved, would be minimal. 5. Responsible development and growth: Should this rezoning be approved, the proposed commercial development of this site would be responsible development in this area of the city. Recommendation: Based on information available prior to the public hearing staff recommends that the Area Plan Commission send this to the Common Council with a favorable recommendation. Analysis: The intersection of Hickory Road and Edison Road is a "Gateway" to the City of South Bend from the City of Mishawaka. High quality design and development at this corner will reflect positively on South Bend as commuters enter and exit the city. Rezoning to the least intense zoning designation that allows for retail use will protect the surrounding residential neighborhood while bringing needed services to the area. Peter Taddeo and Jeff Brant/W.J. Brant Jr., & Associates #2317-0~ Page 2 of 3 ~ ~ LB Eoisf~ri J SF~-_ __. f R-1 f~i_;Cf'~SRU REZONING FROM: "SF1" SINGLE FAMILY ~ "0" OFFICE T0: "LB" LOCAL BUSINESS SOUTH BEND ZONING MlSHAWAKA ZONING ® ~ ~,[ lest ~~L APC 2317-05 ~;;.~; ~~ -~'+.t;_ ~ ... F1 ~;_ yet Peter T'addeo and Jeff BrandW.J. Brant Jr., & Associates #2317-OS Page 3 of 3