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Home My WebLink About9566-05 Rezoning - 140 North Meade- District 2ORDINANCE No. s~s.~s Passed by the Common Council of the City of Soutli Bend, Indiana January 24, Attest: Attest: 20 05 Presented by me to the Mayor of the City of South Bend, Indiana January 25, 05 20 City Clerk President of Common Council January 27, 05 Approved and signed by me 20 Ciry Clerk Mayor ORDINANCE NO. ~ S~~ "'~5 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NORTH MEADE STREET COUNCILMANIC DISTRICT No. 2 IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT A request to rezone this parcel from GB-General Business District to LB-Local Business District to allow for a church facility in the existing building. 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: Lot Numbered Five Hundred Ninety-Four (594) as shown on the Third plat Summit Place Addition to the City of South Bend, Indiana. 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 uncil Attest: Ci Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Z S~ day of Sanwa„- , 200, at Z'~`1 S o'clock ~.m. ~~~~ City Cler Approved and signed by me on the ~~ day of , 2005'; at /2 : i~~ o'clock ~.m. rFited In Clerk's Office 1st READING ~d"~~'d`~ PU6LIC HEARINGI~z`~~OS 3 rd READING \_L~l_p S'<' NOT APPROVED RErERRED ~~Q- ~b-~~ ~`~ PASSED ~-L'1Q~ ~~ ~' ~`' ~ i004 of Sg.>efth'Bend, Indiana VOORDE S0. BEND, lilt TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 68-04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 140 NORTH MEADE STREET COUNCILMANIC DISTRICT NO. 2 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. ~ ~ b ~- `~ Date received by the Area Plan Commission (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: 140 North Meade Street 2.) Name and address and phone no. of property owner(s) of the petition site: Interstate Decorating Service 574-532-9068 PO Box 3684 South Bend, Indiana 46619 3.) Name and address and phone no. of contingent purchaser(s), if applicable: Lillac Simpson 574-233-2864 56360 Riviera South Bend, Indiana 46619 4.) It is desired and requested that this property be rezoned from GB -General Business District to LB -Local Business District 5.) This rezoning is requested to allow the following use(s): A Church 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 petitioned 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 manes, printed in 8'/Z X 11. ~.~ lam,---- Int rstate Decorating Services Petition Prepared By: Lang, Feeney & Associates, Inc. Terance D. Lang 715 South Michigan Street South Bend, Indiana 46801 574-233-1841 FI~EC~ ~i~ ~ iv:'t~'S ~~fIC® OCT 2 2 ~^~'- JOHN VOORDE CITY CLERK, S0. BEND, IN. Lot Numbered Five Hundred Ninety-Four (594) as shown on the Third plat Summit Place Addition to the City of South Bend, Indiana. Filed In Clerk's Cfflce OAT ' 6 2Q~4 JOHN V00nDE CITY CLERK, S4. BEND, IN, 18-4029-1019 18-4029-1031, 1032 18-4029-1034, 1050, 1051 CHARLES & LILLIAN STAFFORD JONATHAN BATES JOHN & ODESSA MC NARY 111 S CHERRY 70295 FAIRFIELD AVE 2610 W COLFAX SOUTH BEND IN 46601 EDWARDSBURG MI 49112 SOUTH BEND IN 46619 18-4029-1035,1036 STEVEN NYSTRAND 2606 COLFAX AV SOUTH BEND IN 46619 18-4029-104601, 1049 G & M PROPERTIES 14299 DAY RD MISHAWAKA IN 46545 18-4029-1047, 1048 2613 LAND TRUST PO BOX 1083 NOTRE DAME IN 46556 18-4030-1071 FREDDIE MC KNIGHT 3409 D LANE, APT lA ELKHART IN 46517 18-4029-1052 BRENDA RICHMOND 132 N MEADS SOUTH BEND IN 46619 18-4030-1056,1057 BENNIE & MARY STEWARD 108 N MEADS ST SOUTH BEND IN 46619 18-2040-137502 NORTHERN INDIANA COMMUTER 33 U S HIGHWAY 12 CHESTERTON IN 46304 18-2039-1343 CATHERINE TURNER & SANDRA WILSON 2424 W ORANGE ST SOUTH BEND IN 46628 18-2039-1346 CHARLESSHURN 2507 W ORANGE SOUTH BEND IN 46628 18-4039-1069 ARTURO & REBECA FRAUSTO 2610 HOLLAND ST SOUTH BEND IN 46619 18-4030-1066, 1065, 1064 JESSIE CARTER 58612 ARDMORE DR ELKHART IN 46517 18-4029-1054 18-4030-1055 PATSY HARTZ WILLIAM & FRANCES STEWART 126 N MEADS 122 N MEADS SOUTH BEND IN 46619 SOUTH BEND IN 46619 18-4030-1058 BENNIE & MARY STEWARD P O BOX 3671 SOUTH BEND IN 46619 18-4096-3579 WHITEFORD REAL ESTATE, LLC POBOX76 SOUTH BEND IN 46624 I8-2039-1375, 1350, 1348 CHICAGO SOUTH SHORE & SOUTH BEND RR 505 N CARROLL AVE MICHIGAN CITY IN 46360 18-2039-1346, 1344, 1342 WAYNE CANNADY 21880 W IRELAND RD SOUTH BEND IN 46614 18-2039-1345 2430 ORANGE STREET LAND TRUST 2430 ORANGE ST SOUTH BEND IN 46628 18-4030-1063 DERRICK KING & WRIGHT-KING 1667 ASHBURY LN ROMEOVILLE IL 60446 Filed In //~~ ^ °~'~-~ "' OCT - 6 ~'~~, ,. ;:. JCM3d VUORDE CITY CLE;°~K, S0. F3END, IN. {i WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. October 6, 2004 City of South Bend Common Council 4t'' Floor, County-City Building South Bend, Indiana 46601 Re: Rezone Petition Statement of Intent for: 140 North Meade Street To the Common Council, SUB-DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS The petitioned parcel is located at 140 North Meade Street in South Bend. The parcel is currently zoned GB-General Business District and contains an existing building and asphalt parking lot. The petitioner wishes to locate a church facility within the existing building and utilize the existing parking lot. In order to achieve this, a rezoning to LB-Local Business shall best suit the purposed, while utilizing all the existing features. Sincerely,, ~` i ~ ,. -;- Fi?~~ 11t C~~rk'~ ~~fi ~~ OCT - 6 '. ~o;J~a v~~;;~ cmr cl.~~;;, ~~. rw~~n, JrJ. LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING • CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374 ~~ . 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 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 Interstate Decorating Service to zone from "GB" General Business to "LB" Local Business, property located at 140 North Meade Street, City of South Bend, as tabled - APC# 2287-04 Dear Council Members: I hereby Certify that the above referenced ordinance of Interstate Decorating Service was legally advertised on Thursday, November 4, 2004 and that the Area Plan Commission at its public hearing on Tuesday, December 21, 2004 took the following action: Upon a motion by Lloyd Taylor, being seconded by Carl Littrell and unanimously carried, the proposed ordinance and site development plan of Interstate Decorating Service to zone from "GB" General Business to "LB" Local Business, property located at 140 North Meade Street, City of South Bend, as tabled is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The uses allowed under "LB" Local Business are less intense than what could potentially locate at this site under the "GB" General Business District. Given this site's location adjacent to a railroad and industrial uses, the Local Business zoning on this site can act as a buffer between the more intense uses and the residential areas. 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. Sincer y, ,~ Robert W. Sante RWS:sr Attachment CC: Interstate Decorating Service Lillac Simpson Lang, Feeney & Associates, Inc. Filed !n Cterk's Office DEC 2 2 2Cuf JOHN VOORDE CITY CLERK, SC.13'eI:D, IN. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana f Staff Report APC # 2287-04 Owner: Interstate Decorating Service Location: 140 North Meade Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "GB" General Business to "LB" Local Business to allow a church. La~icl Uses and Zoning: On site: On site there is a commercial building with its associated parking. North: To the north are railroad tracks. East: To the east are industrial uses zoned "GI" General Industrial. South: To the south are single-family homes zo~ied "SF2" Single-family. West: To the west are single-family homes zoned "SF2" Single-family. District uses and development standards: Tl~e "LB" Local Business District is established to provide for small business groupings located outside of the village style mixed use concept acid 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 plain description: The site plan shows an existing 1,500 square foot building and the existing parking. Access is from North Meade Street. Variances for parking in tl~e side yard to the north, the front bufferyard to the west, and the 10' rear yard to the east for the existing building are required. Since there are no physical improvements proposed on the site, screening and landscaping are not required. Zoning and land use history & trends: Under the old city zoning ordinance, this entire block was zoned for heavy industrial uses. When the ne~v zoning map was adopted, this property vas rezoned to "GB" General Business for a the existing business, and the properties to the south were rezoned to single-family. Traffic and transportation considerations: North Meade Street is a residential street. It has access to Western Avenue to the south and Washington Street to the north. There are sidewalks on this site that serve the adjacent neighborhood. Utilities: The site will be serviced by South Bend water and sewer. Aclclitional information: (Agency comments) A drainage plan is required at the building permit stage. Any new construction in the right-of-~vay will need to meet the City of South Bend standards. Inter •. ~ T~eco~•~`ing Servic . #22~ ~~-r Page lof 3 5 Criteria'(per IC 3G-7-4-603): 1. Comprehensive Plan: Policy Plain: The comprehensive plan promotes the development of adequate civic and community facilities. Promoting development in the existing service boundaries is also encouraged. This petition does not conflict with the Comprehensive Plan. 2. Current conditions and character: North Meade Street is primarily a residential street. There are railroad tracks to the north and industrial uses to the east of this site. The residential neighborhood is located to the south and west of the petition area. 3. Most desirable use: Due to the proximity of this site to active railroad tracks and industrial uses, this site is best suited for business or office uses. Any such use will buffer the neighborhood from the more intense uses to the north and east. A church can serve the same purpose. 4. Conservation of property values: Down-zoning this property from "GB" General Business to "LB" Local Business may not have an adverse impact on property values. The permitted uses in "LB" Local Business are less intense than those that could currently locate on this site. The proposed use is also less intense than the previous use of the site. ~. Responsible development and growth: Since this site is adjacent to a railroad and industrial uses, it is unlikely that this site would be developed for single-family uses. Down-zoning to a less intense business classification will allow less intense uses than the "GB" District. 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 uses allowed under "LB" Local Business are less intense than what could potentially locate at this site under the "GB" General Business District. Given this site's location adjacent to a railroad and industrial uses, the Local Business zoning on t11is site can act as a buffer between the more intense uses and t11e residential areas. Interst^te Decorating Service #228'-04 Page 2of ~ LI Rq~~Ro \ q0 ORANGE 2 EA ~gstiiN~ PETI N R LI oN LINDEN AVE. ` ~ SF21 WASHINGTON >- w J Q Y w 0 C W S T. ST ~~ Q INDUSTRIAL REZONING FROM: "G B" GENERAL BUSINESS TO: "CB" COMMUNITY BUSINESS w J LI ST. JOSEP1i COUNTY IXISTWG ZONING "G B" GENERAL BUSINESS ~~ "L1" LIGHT INDUSTRIAL ~~ "G 1" GENERAL INDUSTR1ALn "S>=2" SINGLE FAMILY I ~ r • ~-. W Z ~ O 0 ~ . _J t V W a v ~ N O INC~E FAIJ iNCLE FAN S T. APC # 2287-04 O 100 200 400 ~,~°~® . Graphic Scale