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Home My WebLink About9554-04 Rezoning - North Corner of Beyer Street & Northside Blvd. - District 3ORDINANCE No. 9554-04 Passed by the Common Council of the Ciry ofSoutlt Bend, Indiana Attest: Attest: December 13, 20 04 MaryBeth Wisniewski, Chief Deputy Clerk Cc City Clerk President of Common Council Presented by me to the Mayor of the Ciry of South Bend, Indiana December 14, 04 20 ~7C~~, ~x~ 7`l_ 16~~ ~ ~ _~~-~~.~ City Clerk _ _ ~ _1 MaryBeth ~7isniewski, Chief Deputy~Clerk Approved and signed by me December 14 20 04 ~L`'c ~ p MayiDr ORDINANCE NO. I ~ s ~ -O~ __ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTH CORNER OF BEYER STREET AND NORTHSIDE BOULEVARD COUNCILMANIC DISTRICT #3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The purpose and intent of this zoning petition is to correct an error that occurred when the zoning map for the new South Bend Zoning Ordinance was adopted. The property at 727 South Eddy Street (The Newman Recreation Center) was mistakenly not given a zoning classification. To rectify this situation, the Area Plan Commission of St. Joseph County is petitioning to have the property zoned properly. 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: A tract of land located in Section 12, of Township 37 North, Range 2 East, of the Second Principal Meridian; bounded on the Northwest by S.R. 23 (more commonly known as the Cooper Memorial Bridge); on the Northeast by Mishawaka Avenue; on the East by a parcel of land conveyed to the City of South Bend by Deed #85, as recorded in the Office of the St. Joseph County Recorder in Book 119, Page 388 (also known as Eddy Street); on the Southeast by Beyer Street; and on the West by Northside Boulevard; More commonly known as 727 S. Eddy Street, with Tax I.D. Number 18-6012-0270; subject to easements and covenants of record. be and the same is hereby established as "MU" Mixed Use. 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. ~ ~~' , Mem er of the Common Council Attest: t/'ZYoV City Cle Presented by me to the Mayor of the City of South Bend, Indiana on the 1"~~~~ day of St-~-- , 2004, at L'~~~ o'clock ~.m. ` ~- c ~~ ~~ City Clerk Approved and signed by me on the ~ day of -cam.. ~ 2004, at ~ o'clock ~.m. .(..~- t,c~-~ Mayor f the Ci f South Bend, Indiana 1 sr READING LO-t~-py PUBLIC HEARING 12,13-oy 3 rd READING ~ L~13-Oy NOT APPROVED REFERRED /~ ,~, ~ ~- ~ ~_py PASSED 1 lZ-\ 3 -~y Filed In Clerk's Office S E P 3 0 2004 JOrrN VOOADE -CITY CLERK, S0. BENQ IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 66-04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTH CORNER OF BEYER STREET AND NORTHSIDE BOULEVARD, COUNCILMANIC DISTRICT #3 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. Sean Coleman 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 rezoned is located at: 727 S. Eddy Street 2) Name and address of property owner(s) of the petition site: City of South Bend Parks and Recreation 321 E. Walter St. South Bend, Indiana 46614 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned From: Previously Not Zoned To: "MU" Mixed Use 5) This rezoning is requested to allow the following use(s): Continued use by the Parks Department 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. Initia by the/Area Pla Commission W obert W. Sante, Executive Director PETITION PREPARED BY: Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 (574)235-9571 Filed In Clerk's Office SEP 3 0 2004 JONN VOORDE CITY CLEltif, S0. BEND, IN. BARBARA L LEE PO BOX 895 GRANGER IN 46530 RAY AND MITSUE HANDLEY 710 S EDDY SOUTH BEND IN 46615 BANKERS TRUST COMPANY OF CALIFORNIA 1800 TAPO CANYON RD MSN SV-103 SIMI VALLEY CA 93063 MICHAEL T HARDING PO BOX 1941 MISHAWAKA IN 46544 FARMERS MARKET INC 1105 NORTHSIDE BLVD SOUTH BEND IN 46615 KAY K. & CAROLYN A ERICKSON AS TRUST 55792 BYRD ST OSCEOLA IN 46561 M&B PROPERTY MANAGEMENT INC 920 W. WASHINGTON SOUTH BEND IN 46601 PRODUCERS MARKET CO OF SOUTH BEND 760 S. EDDY ST. INC SOUTH BEND IN 46615 Filed In Clerk's Office uEP 3 0 ~~„~ JOHN VOORDE CT~YCLERK, S0. BEND, IN. i DOUGLAS E. & KAREN R EDISON 110 BELMONT SOUTH BEND IN 46615 JAMES A. & PHYLLIS M BRENAY 216 WILDEMER DR SOUTH BEND IN 46615 PATMAR DEVELOPMENT COMPANY INC 5212 S. HANNA ST FORT WAYNE IN 46806 BERNARDO CONTRERAS PO BOX 1842 MISHAWAKA IN 46547 ~ ,~ 4 _ ~`, ;~; E ~.t~ . ~ , y ~ ~ ~ ~,,e tj~~ ~ ~ ~ a ~ y ~ c ~~", ~ ~~ *°~ ~. ~ n~ i ~ ~ i 1, } ~ 1 w, -y 1 7 `, ~ ~ Z ~ i r ~ l+ P - . _, ,, ~y;i ~ ~ '~. , ~.. ~. . ~ '~y" . _ ,~a 1! s ~ R~ n ~~, r 11 ,.' ~ ~_ . .~ .,,.e . °` Belmont ; ~~ ~' ,; ° f ~ ' ` ~ ' . ~ _ : ~ a ~ ~yy ~f ~ ~ ~ , , . . ,- _. ~ -. ,~ - . i . ~a - ;a ~ ~ _ ~ , '- ....~. w~. k _~ _ .. L ___ ' ~F ,,,£ 'Y4~'~~ 5 j ~ i ~ w ~ gym, ~ r A~ _~ ~ ~ ~S~a Y'~ ~#~ ' ~. ~r Y ~`~ .~ k xr'. ~ '~ ., , «.~ - i! ~ A. ~ ~'' ~ s. .. ~ ,. ., n < 1 ~ c ~., ~~ _ ~ ~ ~ F. °w ~~~~ ~ ,v,~' .~ ~~ ~. ~ ..~ ~ r f E _ t ~. _ .~ ,, .. ~ ~: h ~#{}0 ,~ ~~-. ' ~ UO`40 ~ ' ~~et - ~. .__ Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 574 235-9571 September 30, 2004 Ms. Karen White, President South Bend Common Council 4t'' Floor, County-City Building South Bend, Indiana 46601 Fax 574 235-9813 RE: Area Plan Commission Initiated Petition to rezone to the "MU" Mixed Use District For property located at 727 S. Eddy Street, South Bend, Indiana Newman Recreation Center Dear Ms. White: Attached, please find the proposed ordinance initiated by the Area Plan Commission. The purpose of this ordinance is to rezone property owned by the City of South Bend, located at the North corner of Beyer Street and Northside Boulevard, to the "MU" Mixed Use District. Please place the proposed ordinance on your October 11, 2004 agenda for first reading. The Area Plan Commission will conduct its public hearing on November 16, 2004. If you have any questions concerning this matter, please feel free to contact me. Sincerely, G~... m v~,(~. Andrew M. Videkovich Planner Filed Ira Clerit'w C~~~~i~e SEP 3 0 1u~4 JO!i't Y00?r~~"c CITY CLERK, S3. 8:.~7, I~. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 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 Fax 574 235-9813 November 17, 2004 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission to zone an unzoned parcel to "MU" Mixed Use, property located at 727 S. Eddy, City of South Bend - APC# 2283-04 Dear Council Members: I hereby Certify that the above referenced ordinance of Initiated by the Area Plan Commission was legally advertised on Thursday, November 4, 2004 and that the Area Plan Commission at its public hearing on Tuesday, November 16, 2004 took the following action: Upon a motion by John McNamara, being seconded by Karl King and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to zone an unzoned parcel to "MU" Mixed Use, property located at 727 S. Eddy, City of South Bend is sent to the Common Council with a favorable recommendation. Due to the error of not zoning this property when the new zoning maps were adopted, it is appropriate to zone this site to best fit the current use and neighborhood. 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, K/ Robert W. Sante RWS:sr Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana L Staff Report APC # 2283-04 Owner: Initiated by the Area Plan Commission Location: 727 S. Eddy Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from unzoned to "MU" Mixed Use to allow continued use by the Parks Department. Land Uses and Zoning: On site: On site is a community center operated by the parks department. North: To the north is right-of--way for the Cooper Memorial Bridge/Mishawaka Avenue interchange. East: To the east are commercial uses zoned "MU" Mixed Use, "GB" General Business, and "LB" Local Business. South: To the south is the St. Joseph River and a farmer's market zoned "MU" Mixed Use. West: To the west is the St. Joseph River. District uses and development standards: The "MU" Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to encourage a pedestrian oriented design throughout the district, and maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site plan description: n/a Zoning and land use history & trends: This property was zoned residential in the old city ordinance. When the new zoning ordinance and maps were adopted, this property was not given a zoning classification. The purpose of this petition is to correct the oversight. Traffic and transportation considerations: Northside Boulevard is an arterial street that serves commuters beriveen East Race/Downtown and the neighborhoods along the river. This site is close to Mishawaka Avenue, which is a major commercial corridor for South Bend. There is a walking bike path along the river that provides pedestrian access to and from the East Race/Downtown areas to the neighborhoods. Utilities: The site is serviced by South Bend water and sewer. Initiated by the Area Plan Commission #2283-04 Page I of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Giving this property a zoning classification that is both appropriate for the current use and compatible with adjacent zonings does not conflict with 'the Comprehensive Plan. 2. Current conditions and character: The site is currently used by the Park and Recreation Department as a community center. This site is located along an arterial street, with good automobile and pedestrian access from the surrounding neighborhoods and other nearby public amenities. 3. Most desirable use: The most desirable use for this property is for continued use by the parks department or for uses permitted in the "MU" Mixed Use district. 4. Conservation of property values: Giving this property a zoning classification will not have a negative impact on the surrounding property values. 5. Responsible development and growth: It is responsible to ensure that every property has a zoning classification that will best suit the use of the property as well as fitting best into the neighborhood in the event that the use changes in the future. Recommendation: Based on information available prior to the public hearing the staff recommends this petition be sent to the Common Council with a favorable recommendation. Analysis: Due to the error of not zoning this property when the new zoning maps were adopted, it is appropriate to zone this site to best fit the current use and neighborhood. Initiated by the Area Plan Commission #2283-04 Page 2 of 3 1 ~ ~~ M U sour-i ~r1 F1 Z BRONSON p S T. p x o I ~ ... PETITI AREA °pT ro ~~`~,~ 0 W L G4' ~~~0 ~~Sy qk G° ~~`°W LB ~GF ~ `°v,. o o eF P W ~,~ ~,. ~B 1 O ~~~°G~ MA , :T LI ~ st. LI I Zp~e~~ B N~ LI LB ° !may `b`~-off ~P~~~ P LB L1 REZONING FROM: "NO ZONING" TO: "M U" MIXED U S E SOUTH BEND EXISTING ZONING ~ I "G B" GENERAL BUSINESS D 1 V "LB" LOCAL BUSINESS ~ ApC # 2283-04 "LI" LIGHT INDUSTRIAL D "M U" MIXED USE 0 o ioo Zoo 30o soo "MF1" MULTIFAMILY D ~~' "OB" OFFICE BUFFER O Graphic scale "O" OFFICE ~ "SF2" S1IUGLE FAMILY D PETITION AREA