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Home My WebLink About13-19 Rezoning- 3102 Mishawka Avenue LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571 May 6, 2019 Filed in Clerk's Office Honorable Common Council MAY 06 9 4th Floor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: 3102 Mishawaka Avenue APC# 2896-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 13th, 2019 Council meeting, and set it for public hearing at your June 24th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the June 18th, 2019 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. The petitioner provided the following narrative to describe the proposed project: The rezone is being requested to remodel a duplex that was nonconforming. If you have any questions, please feel free to contact our office. Si rely, Jo an Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.COM/A R E A P L A N Filed in Clerk's Office MAY 06 2019 ORDINANCE NO. r KAREEMAH FOWLER CITY CLERK.SOUTH BEND r" AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3102 E MISHAWAKA AVENUE, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from OB Office Buffer District to MU Mixed Use District. 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 1 FORDHAM ADDITION be and the same is hereby established as MU Mixed Use District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d) Commitments, if applicable. SECTION III. 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, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana PETITION FOR ZONE MAP AMENDI .1T 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: Address es) - if none, give the general location with the nearest intersection X102.. 102S-. R&SIvc aka vette, trXttAtefid, (N l 2) The property Tax Key Number(s) is/are: Enter property tax key number(s) 0t8- Go57- t9a 3) Legal Descriptions: Enter full legal description APR klieg, lD`T ;05' 2U -OO I•�-a • k.Ls . r0-?, ) 45 5ft o -fire redo z, t 4) Total Site Area: Enter total acres to be rezoned '�`� i Tai n t'' kr'i tt��-��% 11(1, °� m 11` a -meg e c a j: ., r •o0 V1Q.ZD, ( .^�ivi. 'Vic • -5) Namef address of property owner(s)of the petition site: , 1 ik' c , Irdiau w , 'fit Name , 1 ,Zi . % t H;! COU, ,� i ma,. I Address V9 % `H,.. Neigi City, State Zip Code ;I• :) IN L.(.0(o I Phone number with Area Code -4, —; r t E-Mail Address Vlel.G "Au Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: --- Name Filed in Clerk's Office Address I City, State Zip Code I MAY 06 1019 Phone number with Area Code E-Mail Address KAREEMIAH f ovVLER CITY CLERK,SOUTH BEND IN Name and address of additional property owners, if applicable: - -- --.__ _.__ _- _.j 7) It is desired and requested that this property be rezoned: �y From: Choose current zoning district Additional zoning district, if applicable OF �� `^U To: Choose proposed zoning district RUR 8) This rezoning is requested to allow the following use(s): Insert intended use(s) 2..4 \i 3lN4U, 9) Provide a brief and descriptive narrat•ve of the&i1It( cproposed project: i Z. _ Insert narrative '�• ,t�� ',� �,�, r AR 1I 2019 AREA PLAN COMMISSION IF VARIANCE(S) ARE BEING REQUESTED(if not, please skip to next section): ( Apphcauon 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain how your variance petition addesses this criteria (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Please explain how your variance petition addesses this criteria (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): I) The Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addesses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addesses this criteria (d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Please explain how your Special Exception Use petition addesses this criteria * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Name Address ttg we City, State Zip Code 11\1 AL&I Co Phone number with Area Code `}. Z L - ' a, E-Mail Addresstj, d . ( BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Sign. .• s) •41r r:,.,3. ner(s • _'_. - ure of Attorney for all property owner(s): (1ZR- I ca 1 2019 AREA PLAN C iy °SIO A -i,cation#' • . Y1 . 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