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Home My WebLink About8560-94 Zoning - 914 Jefferson Blvd ORDINANCE NO. 8560-94 Passed by the Common Council of the City of South Bend, Indiana. December 19, /9 94 Attest: City Clerk IRENE K. GAMMON Attest: i / IL ` � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— December 20, 94 t9 City Clerk IRENE K. GAMMON Approved and signed by me /02-/,?1 Mayor VIII Aso ( kMMuunct Z510O - 9q AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 914 EAST JEF'F'ERSON BOULEVARD IN THE CITY OF SOUTH BEND, INDIANA 46617 STATEMENT OF PURPOSE AND INTENT The property commonly known as 914 East Jefferson Boulevard is currently zoned "B" Residential "C" Height and Area, and was used until recently as a professional office for certified public accountants. The contingent purchasers of the property have been advised that the property must be rezoned to "C-1", "C" Height and Area in order that it can remain as a professional office to be used by attorneys. This proposed ordinance seeks the rezoning. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: *din, e Ordinance No. 4990-68, as 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: Lots Numbered One(1), Two (2) and Three (3) as shown on the recorded Plat of Adam Barman's Subdivision of Large Lot or Block Numbered 21 in Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, excepting therefrom a lot or parcel of land 55 feet in width, East and West, taken off of and from the entire width of the West end of said Lots, as recorded in Plat Book 2, page 71. Commonly known as 914 East Jefferson Boulevard, South Bend,Indiana 46617. Tax Key No. 18-060070168 be and the same is hereby established as "C-1" Commercial, "C"Height and Area district. *din p. 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. ledt ( Me, 6 a . e Common ' Date Filed: Application No. Date received by the Area Plan Commission: I, Herman K. Kruggel, owner of the real estate commonly known as 914 East Jefferson Boulevard, South Bend, Indiana 46617, the undersigned makes application and petitions the Common Council of the City of South Bend, Indiana, to amend the zoning ordinance from "B" Residential "C"Height and Area to "C-i"Commercial, "C"Height and Area, for the subject property. In support of this application, the property owner submits the following: 1. The property to be rezoned is located at: 914 East Jefferson Boulevard South Bend, Indiana 46617 and is currently unoccupied, having been formerly used as a professional office building. It is more particularly described as follows: Lots Numbered One (1), Two (2) and Three (3) as shown on the recorded Plat of Adam Barman's Subdivision of Large Lot or Block Numbered 21 in Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, excepting therefrom a lot or parcel of land 55 feet in width, East and West, taken off of and from the entire width of the West end of said Lots, as recorded in Plat Book 2,page 71. Commonly known as 914 East Jefferson Boulevard, South Bend, Indiana 46617. Tax Key No. 18-060070168 2. Name and address of property owner of the petition site: Herman K. Kruggel 210 South Michigan Street South Bend, Indiana 46601 (212)289-4011 3. Name and address of contingent purchasers,if applicable: B&C Limited Partnership 205 West Jefferson Boulevard, Suites 400&412 South Bend, Indiana 46601 (219)288-4935 (219)232-0269 4. It is desired and requested that this property be rezoned from "B"Residential, "C"Height and Area to "C-1"Commercial, "C"Height and Area 5. This rezoning is requested to allow the following use(s): Professional and business office or offices. The rezoning for this use will be of benefit to the property and the surrounding neighborhood. 6. Attached is a copy of(a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; (c) five(5) site plans; and (d)addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7. By signing this petition, 1 and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to the Area Plan Commission within one (1)year of the Council's action. Failure to submit a final site plan within that time period causes the zoning of the petitioned property to revert to the initial zoning classification. Time extensions on the submittal of the final site plan may be requested. Legal Description of Property Lots Numbered One (1), Two (2) and Three (3) as shown on the recorded Plat of Adam Barman's Subdivision of Large Lot or Block Numbered 21 in Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, excepting therefrom a lot or parcel of land 55 feet in width, East and West, taken off of and from the entire width of the West end of said Lots, as recorded in Plat Book 2,page 71. Commonly known as 914 East Jefferson Boulevard, South Bend, Indiana 46617. Tax Key No. 18-060070168 Herman K. Kruggel 210 South Michigan Street South Bend,Indiana 46601 (219)289-4011 October 19, 1994 City Clerk City of South Bend 4th Floor County-City Building South Bend, Indiana 46601 Re: Zoning Ordinance for 914 East Jefferson Boulevard Dear City Clerk: I am attaching a proposed form of ordinance for the property located at 914 East Jefferson Boulevard, along the the petition, site plans and required filing fees. Please accept this filing so that the rezoning may begin as soon as possible. I thank you for your assistance. Sincerely, /01;740ff/r • Herman K. Kruggel Property Owner Attachments AREA, -PLAN COMMISSION of ST. JOSEPH - COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 November 16, 1994 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Herman K. Kruggel to zone from "B" Residential, "C" Height and Area to "C-1" Commercial, "C" Height and Area, property located at 914 East Jefferson Boulevard, City of South Bend - APC #1640-94 Dear Council Members: The above referenced ordinance and site development plan of Herman K. Kruggel was legally advertised November 3, 1994. The Area Plan Commission at its public hearing on November 15, 1994, took the following action: Upon a motion by Henry Keultjes, being seconded by Charles Landesman and unanimously carried, the proposed ordinance and site development plan of Herman K. Kruggel to zone from "B" Residential, "C" Height and Area to "C-1" Commercial, "C" Height and Area, property located at 914 East Jefferson Boulevard, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The existing structure was being used as an office for an accountant; however, such office uses were recently removed from the "B" Residential zoning classification and placed in the "0" Office classification. Although the "0" Office zoning district would be more appropriate for this site, the large number of variances which would have been required in order to utilize the existing building and parking lot makes the use of the "C-1" Commercial district more practical. In the Commission's opinion, the proposed use would be in keeping with the surrounding land use pattern. 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerel , Robert . Sante RWS:sr Attachment CC: Herman K. Kruggel CC: B & C Limited Partnership Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN V ` STAFF REPORT November 7, 1994 Herman K. Kruggel 1640-94 Location: 914 East Jefferson Boulevard City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "B" Residential, "C" Height and Area to "C-1" Commercial, "C" Height and Area to allow professional and business offices. EXISTING LAND USE: The property contains a house that has been converted into a professional office building. SURROUNDING LAND USE AND ZONING: Located to the north are medical offices zoned "B" Residential; to the east is a real estate office zoned "B" Residential; to the south are single family residences zoned "B" Residential; and to the west is a dentist's office zoned "B" Residential. ACCESS: Access to the site is from Jefferson Boulevard. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 22,780 square feet. Of that, the buildings occupy 2,463 square feet, or 11 percent of the site; the parking and drives occupy 11,430 square feet, or 50 percent of the site; and 8, 897 square feet or 39 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: " I <0,- •e_` 1 1I, I 1 H I 1 T. 1 81 - - —238- - 304 6 - _�9 . 1 51 -1 11 I 1 I I I I 305 CtR> 5 4 3 1 61 I C�� I 112 I 1—j29 I Q L�) 1 I I i t WASHINGTON ST . 0 _ 1 I , I I (n 1212 1 1311 1 1 318 I I c 1 - - - 2`53 I I _ _l34_3 I I 3 j 9 I 1 6 1 4 3 2 1 ' 1 - - — — I I I I I - - - - - J�. ,,-9 25n 3,q 1 I 320 — — — — J 1 1 ' I I � s � I_ -255 II 315 , 321 I /."..1- 6I C �`�`-\�: I p l I I 0—ITSB— V I P T I 1 9 3, 1 _1461ICYa-71 itZ 8 ' H2 z 1257 171 6,r bA.6-72 OFFFI �. ..—. th OFFICE I I I I I 1 .1 - _ JEFFERSON BLVD . 1 1 I 1 I I 1 _ lt::tt:c��(:.::::: 1 2 g 8 3 4 3130 •i't:'tAf:•:•t:':7 I —� 9— — 315 3131 L — CFF CI E I:'t.; om::: OFFIC§ " 7�-7� _ FF ``�\L, A B ORD. 4 0 q I I I:•t:t.:::r '••t:•::: I G)`i' C9 AMEND. 8Y Z. _ — — — _ I ;;{;;;. � Z.ORD. 5430-72 2 6 0 — —3-71-6— — — — 313-2 — — k{:.5..'.•:�'rt:{•t:t I 2 — - - 2-6-1 - - - -3 7- - — —3t'N — - --4-0. Li — _ milk fi RES. 4 262 328 — - ��1■� - 5 PT.20 4 g• - - - - RES. J - - - - ^r _ 6 8 263 —WARD"ii I 335 IJ QI� ♦f 1 - I I RES. RES. RES. RES. 7 WAYNE ST . , p 1 l w 1 1361 1 1342 1 1 I I MI 1 I 1— I 1 I I I I 9 8 7 61 14 3 2 Z.0 I 211 —L4371 1 1343 IH — w I 1 I I J�• 1 il — I I I I 1 Q - - - - ,p I I I I /� ,7 U)I 772E— 338 344 0 212 w 11 131 1+ 115 1I6 18 } -L �- - `,' 1 - - - DL -1 - - - ° 72 I I i I 19 ° - -r - - z ° — I3 339 345 — Q Q U21. M B Y `_ S 20 w Lt- 4k,cI 12 6 -•� 2 1 274 340 346 7 Z \ 22 275 1 341 347 REZONING FROM: "B" RESIDENTIAL, "C" HEIGHT & AREA TO: "Cl" COMMERCIAL, "C" HEIGHT & AREA Illik PETITION AREA F"""""::•"�'�'"'1 SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1640-94 "B" RESIDENTIAL I I "C" COMMERCIAL I I o 100 200 "Cl" COMMERCIAL I I ke_�-� "D" LIGHT INDUSTRIAL I I Grophic Scole