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HomeMy WebLinkAbout9609-05 Rezoning - 1951 E. Fox - District 5ORDINANCE No. Passed by tlae Common Council of the City of South Bend, Indiana September 12, Attest: Attest: ~ ~~~° City Clerk President of Common Council Presented by me to the Mayor of the City of Soutli Bend, Indiana September 13, JOHN ~ Ciry Clerk Approved and signed by me S e ~~ t o mb e r 16 20 0 S 20 05 05 20 ORDINANCE NO. ` ~O b ~ V AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1951 E. FOX, COUNCIL MANIC DISTRICT (5) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The site at 1951 E. Fox is presently zoned SF2 (Single Family and Two Family). It will be re- zoned to OB (Office Buffer). This site was, in the past, zoned Residential Business and was used as a professional office by a physician. The building was vacant for a period of time, and as a result, the prior zoning reverted to SF2. The proposed re-zoning will allow the building to be used once again as professional office space, specifically, an attorney office to be occupied by Debra Voltz-Miller, attorney at law. 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 87 Ewing Park Add, be and the same is hereby established as OB (Office Buffer} 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 ' Cl rk Presented by me to the Mayor of the City of South Bend, Indiana on the day of S~.o'~~..(~ , 2005, at3 ~ IS o'clock~m. ~ ^^ ~~~~ ~'~ City Cler Approved and signed by me on the /6 day of ~*-»~• ~-c.L. , 2005, at//'zo o'clock Q m. 1 sl READING 1' ~ ~" O S PUBLIC HEARING ~,-~Z--`~'~ 3 rd READING q- ~Z-'`~S~ NOT APPROVED ( REFERRED I~~Q- ~lutb~ PASSED q V ~Z p~ Mayor oft Fi ed to Clerk's ice ~~i~ ~ ~ Lt~~l JGHN VOORDE CITY CLERK, 50. BEND, iN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 42-05 ~ A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1951 E. FOX, COUNCILMANIC DISTRICT (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. 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 re-zoned is located at: 1951 E. Fox South Bend, IN 46613 2) Name and address of property owner(s) of the petition site: Joventino C. Naval &Dimpna D. Naval 636 E. Ireland Road South Bend, IN 46614 574-292-7291 3) Name and address of contingent purchaser(s), if applicable: Debra Voltz-Miller, Attorney 108 N. Main St. Suite 423 South Bend, IN 46601 4) It is desired and requested that this property be re-zoned from: SF2 -Single Family and Two Family to: OB -Office Buffer 5) This re-zoning is requested to allow the following use(s): Professional office space, specifically an attorney office to be occupied by Debra Voltz-Miller, attomey at law 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, drawn to scale, which includes street names, printed in 8'/z" x 11" format. ~ ~ _ .~ ~ ~~ ~ l~ Joventin C. Naval, Seller Date Dimpna D. PETITION PREPARED BY Debra Voltz-Miller, Attorney 108 N. Main St. Suite 423 South Bend, IN 46601 574-289-1709 dyoltz-n~iller(~i~datacruz.com CONTACT PERSON: (If different) Same ~_ ~~ ~ ~~ ~1 \ O~r Seller Date Filed In Cterk'~ Of#ice ~urJ 2 ~ 2005 JO~i~J VOC iAE CITY CLEr !:, S0. fl'EIVD, IN. STATEMENT OF PURPOSE AND INTENT The site at 1951 E. Fox is presently zoned SF2 (Single Family and Two Family). It will be re-zoned to OB (Office Buffer). This site was, in the past, zoned Residential Business and was used as a professional office by a physician. The building was vacant for a period of time, and as a result, the prior zoning reverted to SF2. The proposed re-zoning will allow the building to be used once again as professional office space, specifically, an attorney office to be occupied by Debra Voltz-Miller, attorney at law. Filed In C9er~'s ®f~ice JUN 2 7 2005 JONI! VQGE~DE CITY CLEf1K, S0.3M~1D, fN. Property Owners within 300 ft. of 1951 E. Fox Livings, Melody K. & Shawn Holmes Gloss, Rose E. 1941 Donald 1945 E. Donald South Bend, IN 46613 South Bend, IN 46613 Tax Key # 018-7114-4055 Tax Key # 018-7114-4056 Wells Fargo Bank Minnesota NA AS Trustee Kirksey, James C. & Elizabeth A. 1270 Northland Dr. Ste 200 1922 E. Donald St Saint Paul, MN 55120 South Bend, IN 46613 Tax Key # 018-7114-4062 Tax Key # 018-7115-4068 Strong, Carl A. Myers, Lisa 1926 E. Donald St. 1930 E. Donald St. South Bend, [N 46613 South Bend, IN 46613 Tax Key # O 18-71 I5-4069 Tax Key # 018-7115-4070 Ballard, Mariena L. Hamilton, Lynne 1934 E. Donald St. 1938 E. Donald St. South Bend, IN 46613 South Bend, IN 46613 Tax Key # 018-7115-4071 Tax Key # 018-7115-4072 Griman, Margaret F. Schlemmer, Mark W. & Lynda M. Johnson 1942 Donald 1944 Donald St. South Bend, [N 46613 South Bend, IN 46613 Tax Key # 018-7115-4073 Tax Key # 018-7115-4074 Gavin, Donald T. & Janice M. Weiss, Sandra A. 1921 E. Fox St. 3976 Michigan Rd. South Bend, IN 46613 Plymouth, IN 46563 Tax Key # 018-71 I5-4080 Tax Key # 018-71 I5-4081 Franklin, Lenora R. c/o Weiss, Sandra Horvath, Lola M. & Paul M. 3990 Michigan Rd. 19629 Lucinda St. Plymouth, IN 46563 South Bend, IN 46614 Tax Key # 018-7115-4082 Tax Key # 018-7115-4083 Heckman, Teri S. Carlton, Paul W. & Janet L. 1935 Fox St. 1941 E. Fox St. South Bend, IN 46613 South Bend, [N 46613 Tax Key # O 18-7115-4084 Tax Key # 018-7115-4085 Rumpf, George J. Ill Bianco, Eugene 1945 Fox St. 51822 Currant Rd. South Bend, [N 46613 Granger, IN 46530 Tax Key # O 18-7115-4086 Tax Key # 018-71 I5-4087 Snyder, Terry E. Wagner, Raymond R. & Joan M. 2105 Ironwood Dr. 2109 S. Ironwood South Bend, [N 46613 South Bend, IN 46613 Tax Key # 018-7115-4088 Tax Key # 018-7115-4089 Kuntz, Gary L. & Diana K. Vincent, Terry L. & Brenda 17283 Adams Road 2117 S. Ironwood Dr. Granger, IN 46530 South Bend, IN 46613 Tax Key # 018-7115-4090 Tax Key # 018-71 I5-4091 Roggeman, William C. III & Sandra A. Goens, Jack & Yvonne 1922 E. Fox St. 18304 Cypress South Bend, IN 46613 South Bend, IN 46637 Tax Key # 018-7116-4098 Tax Key # O 18-7116-4099 Kubisiak, Marjorie V. Bemdt, Michael W. 1930 E. Fox St. 1934 E. Fox South Bend, IN 46613 South Bend, IN 46613 Tax Key # 018-7116-4100 Tax Key # 018-7116-4101 Maez, Pamela S. Bemdt, Richard E. & Angeline 1931 Malvern Way 1942 Fox St South Bend, iN 46614 South Bend, IN 46613 Tax Key # 018-7116-4102 Tax Key # 018-7116-4103 Dietrich, Cecil Ralph Apostolic Temple Church Inc. 1946 E. Fox 2221 S. Ironwood South Bend, IN 46613 South Bend, IN 46613 Tax Key # 18-7116-4104 Tax Key # 018-7116-4105 Apostolic Temple Church Inc. Skelton, Steve & Law, Debra 2221 S. Ironwood 902 S. Ironwood South Bend, IN 46613 Mishawaka, IN 46544 Tax Key # 018-7116-412201 Tax Key # O 16-1209-8368 Wonisch, Julie A. Sayer, Patricia A. 2801 Delaware 905 Hubbard Mishawaka, IN 46544 Mishawaka, IN 46544 Tax Key # 016-1209-8369 Tax Key # O16-1209-8372 Western Rental LLC Meiss, John & Kimberly S. 611 South Main St. 909 Hubbard Mishawaka, IN 46544 Aishawaka, [N 46544 Tax Key # 016-1209-8374 Tax Key # 016-1209-8375 Layden, Larry W. & Suzen A. Hodapp, Robert 914 S. Ironwood 918 S. Ironwood Mishawaka, IN 46544 I`1ishawaka, IN 46544 Tax Key # O16-1209-8377 Tax Key # O16-1209-8380 McCarty, Mathew L. & Donna L. Moore, Henry Balzer Jr. & Nellie Marie 9241ronwood Dr. 921 S. Hubbard Mishawaka, IN 46544 Mishawaka, [N 46544 Tax Key # 016-1209-8383 Tax Key # 016-1209-8384 Overmyer, Karl W. & Julie A. Dukeshier, Richard R. & Patricia L. 928 S. Ironwood 30711 C. R. 16 Mishawaka, IN 46544 Elkhart, IN 46516 Tax Key # 016-1209-8386 Tax Key # 016-1209-8389 22Hess, Norman J. & Elaine J. Marshall, Dustin E. 1001 Hubbard 1006 S. Ironwood Mishawaka, IN 46544 Mishawaka, IN 46544, Tax Key # 016-1209-8390 Tax Key # 016-1209-8392 Laidig Apartments LLC Ford, Linette 63506 Elm Rd. 1014 S. Ironwood Dr: Mishawaka, IN 46544 Mishawaka, IN 46544 Tax Key # 016-(209-8393 Tax Key # 016-1209-8395 Peabody, Wallace Eugene Ford, Linette 1009 Hubbard 1014 S. Ironwood Dr. Mishawaka, IN 46544 Mishawaka, IN 46544 Tax Key # 016-1209-8396 Tax Key # 016-1209-8398 Holcomb, John K. Elkins, Marion Jr. & Roberta 1015 Hubbard 1024 S. Ironwood Mishawaka, IN 46544 Mishawaka, IN 56544 Tax Key # 016-1209-8399 Tax Key # 016-1209-8401 Secretary of Housing and Urban Development of Washington DC Ditrich, Patrick E. 151 N. Delaware 16145 Candlewycke Court Indianapolis, IN 46204 Granger, IN 46530 Tax Key # 016-1209-8402 Tax Key # 016-1209-8404 Linsky, Michael J. & Potts, Erika M. Pamelee, Troy A. 1023 Hubbard 32903 Nature View Dr. Mishawaka, IN 46544 New Carlisle, IN 46552 Tax Key # 016-1209-8405 Tax Key # 016-1209-840701 Apostolic Temple Church Inc. 2221 S. Ironwood Dr. South Bend, IN 46613 Tax Key # 016-1209-8411 Filed !n Cler~'~ OffiiC2 JU~~ 2 7 ?~05 aoHrl vooee~ CfTY CLERK, So. ©EirD, fN. PRELIMINARY SITE PLAN - 1951 E. Fox Street Tabulated Data (List) 1. Gross acreage or square footage of site: 5,781 square feet 2. Proposed land uses: a. Professional office space, specifically an attorney office to be occupied by Debra Voltz-Miller, attorney at law 3. Estimated number of parking spaces required and provided: a. 5 parking spaces required b. 5 provided by paved area and 3 provided by on street parking 4. General land coverage percentage of buildings, paved areas and open space: a. Building: 1,344 square feet - 23.3% b. Paved Area: 1,934 square feet - 33.5% c. Open space: 2,503 square feet - 43.2% 5. For residential components: N/A Optional Information 1. Building elevations: One Story 2. Perspective drawings: N/A 3. Estimated floor area of buildings by use: a. office - 1,344 square feet Filed In CI ~'~ Ofifice JU~~ 2 7 2005 scKU Aso BE~a, Sri. cmr c~raK, FeaC~ RaMp }4E I~HT 9' 3" I D- -p- ~ oa r Ll I '~OR.CN- I ~. ~.. ..---~~,gM- .~.. DQ.,v~~,~-y I N 0~~ ~~10~ Lsc~-..eJ 1~`% li i , ~ - - - - - - ~8 ~3" -~ ---~ I 3~' a" I I I ~'~ ~ ~~ I~ ----------------~ Ij I ~ , ~ ~. ~ b ~' ~ S ~AEWAc.K.. Fox s-. n 3 ~t s„'r/r OT ~0 N '.± s xo~. r ~~~~ g ~1 ~I I '~1'~dP+3dt g ~ ,~ c'~ ~~ yruaG.~H ~~ L ... I ~ ~~ ! ,Iw - ~ ~ `° ~-J I ~8'~ I i -~ i ~ ~~, T Me ~~• ~.o, ~r~~a~v~ t i I ~ I • 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 August 17, 2005 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 1tE: A proposed ordinance and site development plan of Joventino C. Naval and Dimpna D. Naval to zone from "SF2" -Single Family and Two Family to "OB" -Office Buffer, property located at 1951 E. Fox Street, City of South Bend - APC# 2327-OS Dear Council Members: I hereby Certify that the above referenced ordinance of Joventino C. Naval and Dimpna D. Naval was legally advertised on Thursday, August 4, 2005 and that the Area Plan Commission at its public hearing on Tuesday, August 16, 2005 took the following action: Upon a motion by John McNamara, being seconded by Larry Phillips and unanimously carried, the proposed ordinance and site development plan of Joventino C. Naval and Dimpna D. Naval to zone from "SF2" -Single Family and Two Family to "OB" -Office Buffer, property located at 1951 E. Fox Street, City of South Bend is sent to the Common Council with a favorable recommendation. In 1972, the Common Council rezoned the then vacant, undeveloped property to allow the construction of the existing building for a doctors office. The rezoning will bring an office building into conformance for its intended land use. 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, n W. Byorni JWB:sr Attachment CC: Joventino C. Naval and Dimpna D. Naval Debra Voltz-Miller, Attorney Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana _i J Staff Report APC # 2327-OS Owner: Joventino C. Naval and Dimpna D. Naval Location: Northwest corner of the Ironwood Drive/ East Fox Street intersection. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting to rezone one parcel approximately 6,000 square feet from "SF2" - Single Family and Two Family to "OB" -Office Buffer in order for an attorney to use an existing, vacant office building. Land Uses and Zoning: On site: On site is an existing vacant office building zoned "SF2". North: To the north are single-family houses zoned "SF2". East: To the east across [ronwood Drive are single family houses in the City of Mishawaka zoned "R-1" Residential; a single-family house zoned "C-1" Commercial; asingle-family house zoned "C-1" near Ewing Avenue, which is used as a hairstyling business; and a coffee shop, Jo to Go, zoned "C-7" Commercial on Ewing Avenue. South: To the south across East Fox Street is a parking lot and church/day care nursery zoned "SF2". West: To the west are single-family houses zoned "SF2". 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. Site plan description: The existing one-story office building is 1,344 square feet, which covers 23% of the parcel. The paved area covers 34%, and the open space-landscaping covers 43%. Access will be from the existing driveway on East Fox Street. There is an existing 6-feet fence on the west side to shield 5 parking spaces. Landscaping is proposed along the building, and at the entrance of the parking lot. Zoning and land use history & trends: In 1972, the Common Council rezoned the then vacant, undeveloped property to allow the construction of the existing building for a doctors office. When the May 7, 2004 City Zoning Map became effective, it made the office building nonconforming. Traffic and transportation considerations: Ironwood Drive has 4 lanes adjacent to the site. East Fox Street has two lanes. There is an alley on the west side of the subject property. Utilities: The City of South Bend provides water and sewer to the site. There is a storm sewer drainage project scheduled for fa112005/spring 2006 on East Fox Street between Ironwood Drive and Hoke Street. Joventino C. Naval and Dimpna D. Naval #2327-OS Page 1 of 3 Additional information: (Agency comments) The petitioner has requested variances from the City Board of Zoning Appeals because the site as it exists today does not meet the requirements of the zoning ordinance. Staff supports the variances. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Principle: Employment opportunities. Goa12: Encourage the economic development of the county and its municipalities. Objective B: Locate employment uses in such a manner that conflicts with residential land uses are minimized. Policy I. Fashion a land use plan that ensures physical separation and/or buffering between employment and residential uses. Land Use Plan: The Land Use Plan does not designate the area for a particular growth. The rezoning does not conflict with the Comprehensive Plan. 2. Current conditions and character: The surrounding land use is residential; however, the land uses to the south on Ironwood Drive is mostly commercial. 3. Most desirable use: The most desirable land use would be professional office use since the structure was built as an office. 4. Conservation of property values: The rezoning should help conserve the residential property values because the office building was constructed in 1972 to be compatible in azchitecture with the residential neighborhood. 5. Responsible development and growth: The rezoning is responsible development and growth by bringing the zoning designation into conformance with its intended office land use. Recommendation: Based on information available prior to the public hearing, Staff recommends that the Area Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Analysis: In 1972, the Common Council rezoned the then vacant, undeveloped property to allow the "construction of the existing building for a doctors office. The rezoning will bring an office building into conformance for its intended land use. Joventino C. Naval and Dimpna D. Naval #2327-OS Page 2 of 3 ~, ~0~ ~0~ DONALD ST SF2 ~ _. Q ~' ~ ~ i ~' /~ i,~ . ' to ,~%~,, ~'/ FDX ST A 2 SF2 a n A EWING AVE SF2 r.r-~.-.auur..-~-.r.~~. unr-nor nrarnr r s'waarr v - R-1_ :7iTi0N 1- I REA .._ z _ _ _. -R=1_. t7 "l. DF2AGDClN ~ Ft R-1 EtGLVi~IE~V rnv~n. vr~ vrnvrr.~ r nmr~ r T0: "OB" OFFICE BUFFER SOUTH BEND ZONING MISHAWAKA ZONING ®"B" t<+.~41UtJPdiTY BUSIrtESS ~ ..~ '" ~~Ftt,1EP.CWL "SF':" Slf^lvLE =?raILY ®"C ~" ~;;h~iht=_R~L~:L Q aF'" SirlaLE r=-~i~itLr ~ ..~_,.. ~ESICENT!~L APC 2327-05 0 50 f00 200 Feet /,~ Petition Area Joventino C. Naval and Dimpna D. Naval #2327-OS Page 3 of 3