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Home My WebLink About9567-05 Rezoning - 3055 Edison Rd - District 4ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana January 24, Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana January 25, 20 05 City Clerk President of Common Council City Clerk Approved and signed by me January 27, 20 05 Mayor 20 05 ORDINANCE NO. -1 S~1 -ti~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3055 E. EDISON RD., COUNCILMANIC DISTRICT #4 , IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT It is the intent of Sonora Properties of Indiana, LLC, to establish this property for primary use as a beauty salon, which in turn will be leased to Rana's Generation III, Inc., an Indiana Corporation. Rana's Generation III, Inc., plans to operate a full service beauty salon which will include hair services, manicure services and pedicure services. The property is currently zoned Residential and we would like to be zoned to LB Local Business. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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: A part of the Southwest Quarter of the Southeast Quarter of Section 32, Township 38 North, Range 3 East, described as follows: Beginning at a point 2120.15 feet West of the Southeast corner of said Section 32; thence East a distance of 140 feet; thence South a distance of 220 feet to the South line of said Section 32; thence West along the said South line of Section 32, a distance 140 feet to the place of beginning. be and the same is hereby established as LB Local Business 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 the Common Council Attest: CI k Presented by me to the Mayor of the City of South Bend, Indiana on the L S-~~ day of tea,,,,. ~ , 2~_, at L=~15 o'clock _~. m. C~~,~ City CI Approved and signed by me on the o~7 day of ~~a.-~ , 2 ~f, at ~~ -~.~ o'clock ~. m. Mayor, City of th end, Indiana 0 tst READING 11 g ~S ~s Su~~~'~"~~ ~, PURL{C FlEARING ( ~ ,.~,~,~~~ ~,~,. a~~ ~c--~ 3 rd READING ~ ~Z~- oS QS S~ S NOT APPROVED REFERRED ~ - P• ~ ~'g,vy PASSED l_-L~_ OS A,5 Su~ S~r,`# ~ ~J Q;tr.r.,t~^...~ Filed In Clerk's Office DEC - 2 2004 JOHN VOORDE CRY CLERK, S0.8END,1N. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 82-04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3055 E. EDISON RD., 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 substituted and amended to include a written commitment which is on file in the recorder's office from the Area Plan Commission and in the ordinance folder. Roland Kelly Chairman Date Filed Date received by the Area Pian 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: 305 E. EDISON ROAD, SOUTH BEND, IN, 46615 2) Name and address of property owner(s) of the petition site: PATRICK SULLIVAN 802 CATALPA MISHA~VAKA, IN., 46615 (574)276-3176 3) Name and address of contingent purchaser(s), if applicable: SONORA PROPERTIES OF INDIANA, LLC (to be formed) 525 NORTH 17T", NILES, MI, 49120 AGENTS: Janice Hensel and Julene Donohue 269-683-6335 or269-684-8345 4) It is desired and requested that this property be rezoned from "SFI" SINGLE-FAMILY RESIDENTIAL to "LB" LOCAL BUSINESS 5) This rezoning is requested to allow the following use(s): BEAUTY SALON 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 1/2'~c 11' format. +~ ~Janice D. Hensel ~ Julene D. Donohue \, PETITION PREPARED BY: ~-~ JULENE DONOHUE 525 NORTH 17T" NILES, MI., 49120 (269)683-6335 julidon@SBCglobal.net Filed in Clerk's Office 0 EC - 3 2nr~~ JOHN VOORDE CRY CLERK, S0. BEND, IN. LEGAL DESCRIPTION 3055 East Edison South Bend, IN 46615 Apart of the Southwest Quarter of the Southeast Quarter of Section 32, Township 38 North, Range 3 East, described as follows: Beginning at a point 2120.15 feet West of the Southeast corner of said Section 32; thence East a distance of 140 feet; thence South a distance of 220 feet to the South line of said Section 32; thence West along the said South line of Section 32, a distance of 140 feet to the place of beginning. Filed In Cierk'~ office t;aU - 2 c~3 JOHN VOORDE CITY CLERK, S0. BEND, IN. City of South Bend Public Parks 321 E. Walter Street South Bend, IN 46614 #24 1004 0572 Evangelical Covenant Church of SB 3025 E. Edison Road South Bend, IN 46635 #24 1001 0443 and #24-1001-0101 Micinski, Devon L. & Antoinette 3014 Kettering Dr. South Bend, IN 46635 #24 1001 0058 Benson, Timothy S & Lauren A 3022 Kettering Drive South Bend, IN 46635 #24 1001 0059 Fornango, Richard & Mary Kim 3104 Kettering Drive South Bend, IN 46635 #24 1001 0060 Gates, David L & Nancy A 3112 Kettering Dr. South Bend, IN 46635 #24 1001 0061 Hyer, Rebecca & Albertson, Dennis 3021 Kettering Dr. South Bend, IN 46635 #24 1001 0087 Harlan, Clifton L. & Mary V. 3107 Kettering Dr. South Bend, IN 46635 #24 1001 0088 Staffelbach, Dennis H. & Alice A. 1512 Hass Dr. South Bend, IN 46635 #24 1001 0089 Waterford Glen LLC 3012 E. Edison South Bend, IN 46615 # 18 5210 7868 Lighthouse Baptist Church 3050 Edison Road South Bend, IN 46615 #18 5210 786805 m V O t... 'e~ wY, r'~ ~ C W z c m N o h V ~ " Z +e G ' zw o ~ ~ ' U Leal, Jose 3062 Edison Road South Bend, IN 46615 #18 5188 7339 McDaniel, Lamont & Desiree S 1335 Brummit Lane South Bend, IN 46615 #18 5188 7338 Dehner, James E 1331 Brummit Lane South Bend, IN 46615 18 5188 7337 Camex Corporation, Inc. P.O. Box 715 Los Olivos, CA 93441 #18 5188 7336 Ty, Elinor L 1963 Piedmont Way South Bend, IN 46614 # 18 5188 7327 Hernandez, Ramon & Gloria 1336 Brummit Lane South Bend, IN 46615 #18 5188 7326 Wilkes, Mary K. 1332 Brummitt Lane South Bend, IN 46615 #18 5188 7325 Krovitch, George Jr. and Martha 1326 Brummitt Lane South Bend, IN 46615 #18 5188 7324 Norton, Donald E and Ruth A 1343 Beutter Lane South Bend, IN 46615 #18 5188 7304 Hawkins, Judith & Chapla, Dennis 18040 Bariger Pl. South Bend, IN 46637 #18 5188 7305 Bankers Trust Co. Of California 17631 Cobblestone Court South Bend, IN 46635 #18 5188 730 140'-0° PROPERTY SQ. FOOTAGE=25,200 4'-0" 2 O Fited In Cler?~~'~ Office nP " NOV - 2 2004 ' 10 -0 TYP JOHN YOOROE CITY CLERK, SO. LEND, IN. 12'-O" 1500 GALLON DRY WELL HANDICAP PARKING (1) N GARAGE EXISTING HOUSE ~o J U Z Y ~ 180 -0" Q Q. HANDICAP RAMP a 3 w o c~ Z BUSINESS SIGN ~ 1200 GALLON ix DRY WELL 10'-0" 12'-0" 15'-0" SIDEWALK EDISON RD. 01 PROPOSED SITE PLAN 3055 EDISON RD. 10/28/04 TAX KEY: DA 24-1001-0442 1o/2s/o SONORA PROPERTIES OF IND. LLC R~• DESCRIPTION DATE: APPROVAL DATE XXXXX 10/28/0 SCALE ~1=400 SHEET 1 OF 1 .Area Plan Commission of St. Joseph Count 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 wvvw.areaplan.org Fax 574 235-9813 December 22, 2004 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Patrick Sullivan to zone from "SF1" Single-Family Residential to "LB" Local Business, property located at 3055 E. Edison Road, City of South Bend - APC# 2292-04 Dear Council Members: I hereby Certify that the above referenced ordinance of Patrick Sullivan was legally advertised on Thursday, December 9, 2004 and that the Area Plan Commission at its public hearing on Tuesday, December 21, 2004 took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and carried, the proposed ordinance and site development plan of Patrick Sullivan to zone from "SF1" Single-Family Residential to "LB" Local Business, property located at 3055 E. Edison Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to connection to municipal sewer. 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. Sinc ely, o ert W. Sante RWS:sr Attachment CC: Patrick Sullivan Janice Hensel and Julene Donohue Julene Donohue Clerk'e Office Filed to SEC 2 7 2C~4 BONN VOORDE Cf!'( CLEAK, 50. BEND, IN. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2292-04 Owner: Patrick Sullivan Location: 3055 E. Edison Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "SF1" Single-Family Residential to "LB" Local Business to allow a beauty salon. Land Uses and Zoning: On site: On site is asingle-family home. North: To the north are single-family homes and a park zoned "SF 1" Single-family. East: To the east is a park zoned "SF1" Single-family. South: To the south is an apartment complex and a church zoned "MF2" and single- family homes zoned "SF1" Single-family. West: To the west is a church and single-family homes zoned "SF1" Single-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 site plan shows the existing 1.5 story house that will be converted into a beauty salon. As proposed, variances for parking in the side and rear bufferyard are required, as well as a variance for the existing garage. A variance may also be required for parking in the front yard. Landscaping is cequired in all of the bufferyards, but the petitioner does have the option of preserving the existing vegetation in lieu of some of the landscaping requirements. Zoning and land use history & trends: This property was zoned single-family under the old zoning ordinance. The commercial development along Edison Road has been at the intersections of Iromvood approximately a half mile to the west and Hickory approximately a .4 miles to the east. There are t<vo churches and a park in the vicinity, however churches and parks are permitted in residential zoning. There is an apartment complex across Edison Road. Traffic and transportation considerations: Edison Road experiences a higher level of traffic between Notre Dame University and Mishawaka. There are sidewalks along both sides of the road. Utilities: The site is serviced by a private septic system and municipal water from South Bend. Additional information: (Agency comments) The City Engineer states that if approved, hooking up to sewer and driveway consolidation will be required. .. . ~ ,. ~!2y2-04 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: This petition is in conflict with the Comprehensive Plan. Goal 2, Objective B states that employment uses should be located in such a manner that conflicts with residential land uses are minimized. Objective C, Policy :c of the same Goal encourages clustering future commercial growth in South Bend. "Strip commercial development will no longer be an acceptable development option [for South Bend]." The proposed use is not adjacent to any e:cisting commercial nodes nor at a major intersection. Land Use Plan: The Land Use Plan focuses future commercial growth areas along the S.R. 23 corridor in South Bend and along the Grape Road/Main Street corridors in Mishawaka. 2. Current conditions and character: Although Edison Road experiences higher levels of traffic, the residential areas in this location (whether single- or multi-family) are established. Commercial development has stayed at the major intersections of Hickory and Ironwood Roads. 3. )vlost desirable use: There are numerous other residences that have access directly onto Edison Road. In the staffs opinion, the most desirable use for this site is for it to remain as a residential use. 4. Conservation of property values: Introducing a commercial use into a residential area may have a negative impact on the adjacent property values. ~. Responsible development and growth: The commercial centers in this area are already established. Future commercial growth should be encouraged in and around these centers. It is not responsible to introduce a commercial use into a residential area. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. Analysis: Approving this rezoning will be an intrusion into the residential neighborhood. Future commercial development should occur at the major intersections where commercial uses are already established. The conflicts with the Comprehensive Plan and the surrounding land uses do not make this a desirable site for commercial zoning. ?r;c. Sullivan ;~~292-04 Page 2 of 3 v ^ ^ N N Q s~~ac r~r KETTERING DR, o ~~ ~~ ~~ ~~ ~~ 3 ~ ~ ~ w ,. o y3 U ~ C 000 ~Y CHURCH a EDISON ~ ~ ~~ a ~` ~ MF1 mm ° ono APARTMENT CHURCH W Z Y mm U mm O CC APARTMENTS SF1 PETITION AREA RD. z J PARK r z w nnF2 mm mm APARTMENTS F- F- m W ~- ~- w m REZONING FROM: "SF7" RESIDENTIAL TO: "LB" LOCAL BUSINESS SOUTH BEND EXISTING ZONING "MF1" MULTI-FAMILY D "MF2" MULTI-FAMILY ~~ "SF1" SINGLE FAMILY O N APC # 2292-04 0 100 200 400 ~~~ Graphic Scale PETITION AF3EA