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Home My WebLink About10167-12 Rezone - 501 South Parry StreetORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: July 9, 2012 10167 -12 Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me July 10, 3O1, y la 12 20— oyj-� City Clerk President of Common Council 20 I L City Clerk' ORDINANCE NO. E 0 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT In 2001 Lot 14 was located in a Business District. It was then zoned Commercial. The lot still lays in a Business District that was changed to Residential in 2002. There are Office Buildings on all sides of Lot 14 2nd Add. There is a lawn yard cutting garage across the street. The back of it lies against the Rug Company Building. There is an empty dance Studio in front of the Lot that 1 want to zone commercial. There is a service Station next to the Dance Studio with an empty electrical building beside the Service Garage. Our community has been around business all our lives. We were told the City was going to buy the house in our community for a development. Now the Lot has an old one stall garage on it that looks too small for the lot. I would like to rezone it commercial, build a beautiful two stall garage on Lot 14, 2nd addition. The garage would fill in the space the one stall garage does not fill in. My son can use the garage to start up a business when he graduates for Ivy Tech State College. If it doesn't work out for him and he decides to expand his business into a large garage on a larger business district, I will use the garage to make L shaped aquariums to sell on the internet. The garage will take the place of the old garage and help improve the neighborhood that I live in and help make a better looking community. 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 14 Parry's 2nd Addition be and the same is hereby established as CB Community Business District. Said rezoning shall be subject to the written commitments set forth in Exhibit A which is attached hereto and included herein. 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 Council Attest: City CI k I Presented by me to the Mayor of the City of South Bend, Indiana on the I. DAAA day of 2 n u— , at l L3 o'clock . M. City Clerk c Approved and signed by me on the /d �A day of 2 o Vt .,at S o'clock. M. 1 sP READING -�L PUBLIC HEARING -�- 11- 3 rd READING NOT APPROVED REFERRED is PASSED —� t L OL S O'N.-P. Wpp" Indiana TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12 -12 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 SOUTH PARRY STREET, 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 as amended by adding at the end of Section 1. Said rezoning shall be subject to the written commitments set forth in Exhibit A which is attached hereto and included herein. This bill was heard by the Zoning and Annexation Committee. Karen L. White Chairperson, Committee of the Whole PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 501 SOUTH PARRY STREET 2) The property Tax Key Number(s) is /are: 1AMM Emm WM 3) Name and address of property owner(s) of the petition site: (Name) „ (Address) (City), (State) (Zip Code) , INDIA 46617 ((Area Code)) (Phone number) 157aS 0 Abp �o j`') 9 For additional owners, reprint additional pages with signatures 4) Name and address of contingent purchaser(s), if applicable: (Name) (Address) (City), (State) (Zip Code) ((Area Code)) (Phone number) MMEMM For additional owners, reprint additional pages with signatures 5) It is desired and requested that this property be rezoned: From: (Insert current zoning) District To: (Insert new zoning) District W(State) • Code) Cgdej) (Phone Number 6) This rezoning is requested to allow the following use(s): (Insert intended use(s)) 7) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property; (b) 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; (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: EUGENE PHILLIPS 509 SOUTH PARRY STREET SOUTH BEND, INDIANA 46617 ((Area Code)) (Phone number) (E -Mail Address) CONTACT PERSON: (If different) (Name) (Address) (City), (State) (Zip Code) ((Area Code)) (Phone number) (E -Mail Address) Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): i / 'gtA P Filed in ice AN 0 E NIX .I1 f CITY CLERK, 11A 8END, IN PRELIMINARY SITE PLAN REQUIREMENTS -for all districts except MF 7 PUD City of South Bend, Indiana Tabulated(listed) Date(note data noted are for illustrative purpose only) 1. Land Coverage LAND COVERAGE AREA % OF TOTAL AREA Total: 1.75 acres 7,590 sf 1000/0 a. building (ground floor only) 1,360 sf 18% b. parking & loading and drives 1,260 sf 17% c. open space (yards, landscaping, etc. 4,910 sf 65% 2. Purposed land uses & floor area(e.g. bank, retail shopping center, office, pizza parlor, apartments) USE FLOOR AREA % OF TOTAL FLOOR AREA BUILDING HEIGHT a. office /retail 280 sf 21% 14 ft b. garage 1,080 sf 79% 14 ft Total 1,360 sf 1000/0 For apartments & group units: list number of units, number of bedrooms/unit: estimated population: density 3. Parking ratios per use as required by ordinance, and number of spaces to be provided. 7 4. Sewer and water facilities Current: removed public water and removed public sewer Proposed: public water and public sewer F: 01 calm Cnnnly Parcplc Rec PARCELID NAME_1 MAILINGAD D MAILINGCIT MAILIN GSTA MAILING ZIP PROP–ADD R PROP _CITY PRO P–ST PROP_ ZIP 018 -6013- PHILLIPS 110301 EUGENE 501 Parry lSouth Bend IN 46617 501 PARRY South Bend IN 46617 436S 018 -6009- MILLER 20193 GREG M 415 Parry St South Bend IN 46617 STREET South Bend IN 46617 HAZEL 018 -6009- WILLIAM C Broadway South Bend IN 46601 FRANCES South Bend IN 310199 JR H46617 WORD - ROSARY 018 -6009- INTERCESS 30 Heiman 5143 40196 ORS INC Dr South Bend IN 46615 FRANCES South Bend IN THE ROBERT HENRY 018 -6013- CORPORATI 0295 ON Po Box 1407 South Bend IN 46624 425 PARRY South Bend IN 46617 HERRMAN THOMAS J AND 54490 Whispering 018 - 6013 - KATHLEEN 61030001 A Oak Dr Mishawaka— 46544 501 EDDY South Bend IN 46617 018 -6013- JOHNSON 70298 PATTIE 43 arty ST South Bend IN 46617 433 PARRY South Bend IN 46617 ROBERT 018 -6008- RY P O Box 432 80191 CORP South Bend IN 46624 FRANCIS South Bend IN 4 THE ROBERT HERY Co' PO 018 -6008- ON P.O. S , 428S 90190 BOX 1407 Frances South Bend IN 46624 FRANCES South Bend IN 46617 018 -6013- THLL 10 0296 JEFFREY M 933 South Bend IN 46637 429 PARRY South Bend IN 46617 HAZELTON 018 -6009- JEREMY & 520 S 520S 11 0197 KATIE Frances South Ben IN 46617 FRANCES South Bend IN 46617 018 -6013- CLAR Y 120308 ENISE ST South Bend IN 46617 PARRY South Bend IN 46617 ROBERT 018 -6008- HENRY P 0 Box 426 130189 CORP 1407 South Bend IN 46624 FRANCES South Bend IN 46617 i/ rr/ W M 0 fl,X MAN x 7 WARREN 1 018 -6009- JOHN A & 512S V/L 270194 SANDRA K Frances St South Bend IN 46617 FRANCIS South Bend IN 46617 018 -6013- PHILLIPS 28 0302 1EUGENE 509 Parry South Bend IN 46617 509 PARRY South Bend IN 46617 HERRMAN THOMASJ AND 54490 018 - 6013 - KATHLEEN Whispering 29 0300 A Oak Dr Mishawaka IN 465441 505 EDDY South Bend IN 46617 HERRMAN THOMAS J 225 S 018 - 6013 - KATHLEEN Lafayette 30 0286 A Blvd. South Bend IN 46601 409 EDDY South Bend IN 46617 CUELLAR JOSE & MARTI vvo- - vv FRGS & 31 0283 NOT AS TIC 1411 Parry South Bend IN 46617 411 PAR ou Bend IN 46617 HERRMAN THOMAS J AND 54490 018 - 6013 - KATHLEEN Whispering 32 0292 A Oak Dr Mishawaka IN 46544 425 EDDY South Bend IN 46617 THE ROBERT HENRY 018 -6013- CORPORATI 33 0290 ION Po Box 1407 South Bend IN 46624 421 PARRY South Bend IN 46617 THE ROBERT HENRY 018 -6008- CORPORATI 420S 420S ' 340188 ON Francis St South Bend IN 46617 FRANCES South Bend IN 46617 HERMANN THOMAS J 54490 018 -6013- AND Whispering 35 0294 KATHLEEN Oak Dr Mishawaka IN 46544 429 EDDY South Bend IN 46617 ROBERT 018 -6013- HENRY P 0 Box 36 0289 CORP 1407 South Bend IN 46624 419 PARRY South Bend IN 46617 HERRMAN THOMAS J AND 225S 018 - 6013 - KATHLEEN Lafayette 37 028701 A Blvd. iSouth Bend IN 46601 421 EDDY South Bend IN 46617 SOUTH BEND 215 SOUTH 018 -6114- COMMUNIT ST JOSEPH 38 4097 Y CORP ST South Bend IN 46601 528 EDDY South Bend IN 46624 7 IN CJ S 018 -6013- NTALS 46641 14 031201 LLC Lakeview Dr Decatur MI 49045 531 PARRY South Bend IN 46617 018 -6013- 15 0311 EDDY LLC St South Bend IN 46617 527 EDDY South Bend IN 46617 018 -6013- NS 527 PAR 16 0312 ANDREW T ST South Bend IN 46617 527 PARRY South Bend I 018 -6013- 525 SOUTH P O Box 17 0310 EDDY LLC 4582 South Bend IN 46634 525 EDDY South Bend IN 46617 17336 018- 522 '019 PAULO R ST South Bend IN 46635 FRANCES South Bend IN 46617 17336 018 - 6009 - RADOMILLE MCERLAIN 522 19 019801 PAULO R ST South Bend IN 46635 FRANCIS South Bend IN 46617 HERRMAN THOMASJ AND 54490 018 - 6013 - KATHLEEN Whispering 20 0299 A Oak Dr Mishawaka IN 46544 435 EDDY South Bend IN 46617 WARREN JOHN A 512S 018 -6009- AND F 21 0195 DRA K Frances St South Bend IN 46617 STREET South Bend IN 46617 PHILLIPS CORA MAE & PHILLIPS- MIN uena 018 -6013- ELIANE JT Vista Street 22 0307 W /FRGS #4 Ventura CA 93001 517 PARRY South Bend IN 46617 HERMAN INVESTMEN TS LLC C/O JO 018 -601 HERMAN, 1378 Pearl 23 0304 MEMBER Rd Brunswick OH 44212 519 EDDY South Bend IN 46617 018 -6013- HILL 52295 SR 24 0297 JEFFREY M 933 South Bend IN 46637 431 PARRY South Bend IN 46617 PLUMMER RONA AND AR- L- E-�L._ 018 -6013- NICHOLAS __ -- 25 0288 B 415 Parry South Bend IN 46617 415 PARRY South Bend IN 46617 HERMAN INVESTMEN TS LLC C/O JOSEPH 018 -6013- HERMAN, 1378 Pearl 26 030401 MEMBER Rd Brunswick OH 44212 509 EDDY South Bend IN 46617 SO. BEND PUBLIC NOTRE 018 -6008- TATION 402S DAME 390183 CORP lFrances St South Bend IN 46617 AVENUE South Bend IN 46617 HENRY- 404S 018 -6008- WILLIAMS Francis P 0 404 1 U 0184 INC Box 1407 South Bend IN 46624 FRANCES South Bend IN 46617 t4 N Tp r IDA 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 May 16, 2012 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Eugene Phillips to zone from SF2 Single Family& Two Family District to CB Community Business District, property located at 501 South Parry Street, City of South Bend - APC# 2632 -12 Dear Council Members: I hereby Certify that the above referenced ordinance of Eugene Phillips was legally advertised on Thursday, May 3, 2012 and that the Area Plan Commission at its public hearing on Tuesday, May 15, 2012 took the following action: Upon a motion by Karl King, being seconded by Gary Gilot and unanimously carried, the proposed ordinance of Eugene Phillips to zone from SF2 Single Family& Two Family District to CB Community Business District, property located at 501 South Parry Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. Parry Street is an area that has several development options, depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases, potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition, the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. 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, V4 i J �. Uxtl JWB :jsc Attachment Cc: Eugene Phillips SERVING: ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND wv,,w.stiosephcountyindiana.com/Areaplan Staff Report APC # 2632 -12 Owner: Eugene Phillips Location: 501 South Parry Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family & Two Family District to CB Community Business District to allow two stall garage (Auto Repair- major). Land Uses and Zoning: On site: On site is a one stall residential garage, on a separate lot from the primary residence. North: To the north are three single family homes zoned SF2 Single Family and Two Family District, and beyond them, a storage lot for the Robert Henry Corporation zoned LI Light Industrial District. East: To the east, across Parry Street, is Information Records Associates, a dance school and a car repair business zoned MU Mixed Use District. South: To the south are five single family homes, and, beyond them, the Marine Corps League zoned SF2 Single Family and Two Family District. West: To the west is a single family home zoned SF2 Single Family and Two Family District. To the northwest is the Robert Henry Corporation zoned LI Light Industrial. 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 site is 7,590 square feet. The proposed two stall garage is 1,360 square feet or 18% of the lot. The seven parking spaces and drive aisle cover 2,580 square feet or 34 %. Residential bufferyard landscaping is shown on three sides behind the building, and foundation landscaping is shown in front of the buildings. Landscaping covers 1,150 square feet or 2 %. The use of the remaining 2,500 square feet is unknown at this time. Based on the site plan provided, the following variances will need to be obtained from the Area Board of Zoning Appeals: 1. Side Residential Bufferyard from 20' to 0' for parking; 2. Front Setback from 15' to 0' for parking; 3. Aisle width from 24' to 20; 4. Parking screening landscaping from what is required by ordinance, to none. Zoning and land use history & trends: This property was zoned B Residential (Multifamily) under the prior zoning ordinance. When the zoning ordinance was revised in 2004, the zoning changed to S172 Single Family and Two Family District. Traffic and transportation considerations: Parry Street is a two lane street that runs from a former railroad right -of -way on the north to the Cooper Bridge ramps on the south. The alleys adjacent to this site are not paved. Eugene Phillips #2632 -12 Page 1 of 3 Utilities: City of South Bend utilities (water and sewer) are available in Parry Street. Additional information: (Agency comments) The City Engineer states the alley will have to be paved if it will be used for access. The Department of Community and Economic Development refers to the Howard Park Neighborhood Master Plan. The proposed rezoning of 501 S. Parry St. from SF2 to CB Community Business District may not be considered compatible with the vision of the Master Plan. Staff Comments: If Henry Street, as proposed by the Howard Park Neighborhood Master Plan becomes a reality, then the public purchase of this site is probable. Parry Street is a residential street, and should not be used as direct access for business uses. If the rezoning is approved, several variances from the development standards will be required. Commitments: None proposed. 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan (November 2006) Objective LU 2.3 Ensure coordination of land uses among adjacent area - specific plans. Objective LU 2.4 Provide buffer spaces between non - compatible land uses. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation /Other Plans: The East Bank Plan Phase 2 (commonly known as the Howard Park Neighborhood Master Plan) dated February 24, 2009 identifies the area on either side of Parry Street between the old railroad right -of -way and the Cooper Bridge ramp as a Future Development Opportunity. The vision of the plan is to support residential development on and around the former TRANSPO site. This plan has not been adopted by the Area Plan Commission or Common Council but it was approved by the neighborhood. 2. Current conditions and character: The properties along Eddy are either vacant parcels or business uses with ample parking. Along Parry and Frances Streets are single family homes, with the exception of the Robert Henry Corporation, a special exception. More to the west of Frances Street, the former TRANSPO site has been demolished for future residential development per the Howard Park Neighborhood Plan. 3. Most desirable use: The most desirable use is a use compatible with the Howard Park Neighborhood Plan. Eugene Phillips #2632 -12 Page 2 of 3 4. Conservation of property values: A commercial use, especially one that would need multiple variances, in the middle of a residential block would have an adverse effect on the residential property values. 5. Responsible development and growth: Responsible development and growth of Parry street is highly dependent on the success of the Howard Park Neighborhood Plan, which labels Parry Street as an area of "Future Development Opportunity ". The Plan made no particular land use commitment for Parry Street, with the exception of a proposed street using the existing alley alignment adjacent to the site. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Analysis: Parry Street is an area that has several development options, depending on the ultimate use of the land to the east along Eddy Street, and to the west along Frances Street. Future redevelopment efforts by the City in this area may require land purchases, potentially making the purchase of this site more expensive with the increase in improvement and land values that a business would generate. In addition, the number of variances from required development standards makes the site too small for the intended use. A commercial use that does not have direct access to a major street should be discouraged. Eugene Phillips #2632 -12 Page 3 of 3 H d V F L &6 +d L d W - Rezoning trom: "SF2 " SINGLE FAMILY & TWO FAMILY DISTRICT to "CB " COMMUNITY BUSINESS DISTRICT Zoning Classification SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT SOUTH BEND "MFV URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "M U" MIXED USE DISTRICT SOUTH BEND "LI" LIGHT INDUSTRIAL DISTRICT N rq1,� w S 1 inch = 100 feet APC ## 2632 -12 zc��n kj�c Aw". J1639-1a c��w ti• 1, r 't -&,& -I EXHIBIT "A" L �. A COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED' UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36 -74-1015, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: LOT 14 PARRY'S 2 ND ADDITION STATEMENT OF COMMITMENTS: 1. THE PROPERTY OWNER WILL INITIATE A REZONING BACK TO SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT WHIG THE PROPERTY IS NO LONGER USED AS A CB COMMUNITY BUSINESS DISTRICT 2 3. These COMMITMENTS shall run with the land, be binding on the Owner of the above - described real estate, subsequent owners of the above - described real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition #2632 -12 pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. CAUsersIPICBIMP1Desktop\Written Commitments SB Exhibit A - FORM FIELDI I LDOC These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 3. Owners of all parcels of ground adjoining the real estate within three - hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; 4. The City of South Bend Attorney, Zoning Administrator, appropriate enforcement official, and other specially affected persons designated in such commitments; and 5. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition #2632 -12 IN WITNESS WHEREOF, Owner has executed this instrument this day o 901 (Individual Owner) Signature al) Signature (Seal) Printed Printed (Organization Owner) :A Printed Title C: \Users \PICBIMP\Desktop \Written Commitments SB Exhibit A - FORM FIELDI I I_DOC STATE OF . i .OAO\ COUNTY OF W' I (Individual Acknowledgment) SS: Before me, a Notary Public in and for said County and State, personally appeared Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of Printed !RanS�,-Sn4j-er County of Residence ` t'r 1 :i WMN a BNYM NOTANYPUBLIC My Commission expires: SEAL. EUaIAFiT COUNTY, STATE OF MOM COMMISSION NO. 631773 �, 24i9 MY COMMISSION aff IES D (Organization Acknowledgment) STATE OF SS: COUNTY OF Before me, a Notary Public in and for said County and State, personally appeared , the of , a(n , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this Signature Printed County of Residence My Commission expires: This instrument was prepared by day of C: \Users\PICBIMP\Desktop \Written Commitments sB Exhibit A - FORM FIELD I LDOC