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Home My WebLink About8534-94 Zoning - 1359 Pyle Ave ORDINANCE No. 8534-94 Passed by the Common Council of the City of South Bend, Indiana. September 12, /9 94 Attest: City Clerk IRENE K. GAMMON ` Attest: //« /�� / _/ President of Common Council / Presented by me to the Mayor of the City of South Bend, Indiana— September 13, 94 Iq City Clerk IRENE K. GAMMON Approved and signed by me /i I" 191* o s. - L. Mayor ORDINANCE NO. 5.J.�`1 9, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1359 PYLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46615 BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: ,SECTION I, 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: PARCEL I. THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT NUMBERED 196 AND THE NORTH 10.00 FT. OF LOT NUMBERED 195 BOTH BEING IN THE RECORDED PLAT OF "EDISON PARK" AS SHOWN IN PLAT BOOK # 17, ON PAGE "E-1A" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.2408 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "0" OFFICE 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. ��/.LL • At / EMBER OF TH ,6771 ON COUNCIL DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION 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: 1359 PYLE AVENUE SOUTH BEND, INDIANA 46615 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: RICHARD A. CHAPIN 1020 E. IRVINGTON STREET SOUTH BEND, INDIANA 46614 PHONE NUMBER (219) 273-6919 3) . NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: ZAPPIA, FLAGELLA & ZAPPIA - ATTORNEYS AT LAW 1717 SOUTH BEND AVENUE SUITE - E SOUTH BEND, INDIANA 46637 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL. "A" HEIGHT & AREA TO "0" OFFICE DISTRICT 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . ATTORNEY'S OFFICE. 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, I 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 AND APPROVED BY THE AREA PLAN COMMISSION WITHIN ONE (1) YEAR OF THE COUNCIL'S ACTION. IN ADDITION, A BUILDING PERMIT MUST BE ISSUED FOR THE USE INDICATED ON THE PETITION WITHIN ONE YEAR FOLLOWING THE APPROVAL OF THE FINAL SITE PLAN. FAILURE TO SUBMIT A FINAL SITE PLAN OR OBTAIN A BUILDING PERMIT WITHIN THE SPECIFIED TIME PERIOD, CAUSES THE ZONING OF THE PETITIONED PROPERTY TO REVERT TO THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. SIGNED, �f! CHARD A. CHAPMAN PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT NUMBERED 196 AND THE NORTH 10.00 FT. OF LOT NUMBERED 195 BOTH BEING IN THE RECORDED PLAT OF "EDISON PARK" AS SHOWN IN PLAT BOOK # 17, ON PAGE "E-1A" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.2408 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 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 ,6 72 . P y August 17, 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 Richard A. Chapin to zone from "A" Residential, "A" Height and Area to "0" Office, property located at 1359 Pyle Avenue, City of South Bend - APC #1622-94 Dear Council Members: The above referenced ordinance and site development plan of Richard A. Chapin was legally advertised August 4, 1994. The Area Plan Commission at its public hearing on August 16, 1994, took the following action: Upon a motion by Joseph Serge, being seconded by Richard Warner and unanimously carried, the proposed ordinance and site development plan of Richard A. Chapin to zone from "A" Residential, "A" Height and Area to "0" Office, property located at 1359 Pyle Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation as tendered. Due to the commercial development that has ocurred along Edison Road to the west and north of this site, it is unlikely that this site will again be developed residentially. The "0" Office district was created for use as a buffer between commercial and residential areas. In the Commission's opinion, this site is appropriate for "0" Office zoning. 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.Si i er-ly, i Robert W. Sante RWS:sr Attachment CC: Richard A. Chapin CC: Zappia, Flagella & Zappia CC: Peirce & Associates Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT August 8, 1994 Richard A. Chapin 1622-94 Location: 1359 Pyle Avenue City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "0" Office to allow a professional office. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a post office branch and an office building zoned "C" Commercial; to the east and south are single family homes zoned "A" Residential; and to the west is a car wash zoned "C" Commercial. ACCESS: Access to the site is from Edison Road. 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 10,490 square feet. Of that, the buildings will occupy 1,590 square feet, or 15 percent of the site; the parking and drives will occupy 3,740 square feet, or 36 percent of the site; and 5,160 square feet or 49 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 final. AGENCY COMMENTS: , c i J' 58 40 74 • � --- ,I 30 31 CI (.0 73 • 38 [L' 29 CIR . -- ' a O� r� 72 37 -- 28 �� 33 32 r '✓°. 71 - -- "° IIZ APC,5351'71 27 0 ZC4��`�� ' 59 60 0.81 Fe's A('r ORIOINAIED `, Cr. ,c, / 14 R I N G f�� _I/ _ I. F1 2 :' K.;.i RE9. Q 1 —-- --- / .�IE.._li PIP f .1 3 {f: 63 6. —_ —I-- 1 - —-1 / RES. t�_. ..t�.�1 ��_ n �o. r i RES. RES. RES. Q 62 �,,�-71.1..,.E I -� ,....�U ,�O — —' --�_... fY 1 5 1 4 1 i •1Y1�� azr rKin ( E J_7- O E.1 J al's 1C:jr-- C21 _ 1 1.1 _ _2 cif .. °r I • • 'ev+ueneuv I I RES. RES. RES. RES. RES. RES. ` • ED I SON �----� R D . • I etitP ion Area : a �W � III on7in WYLEflOI�I I • I. .d J'�.w ..FGIi—I,fi ...— i� -0 p RE$. I RES.I RES. RES.Dri CrbtNEAOM' 0 9EA0Aa iits 0 F _ .t 17 tilik4.�• DES. MO tma. 401,0ALIE O ES.eUYYEIMiM. R'.•2/nil i T' i� Q aroma �� R � Ei" Sit/_/ �.. RES `�_ "i� a ■ L7f M n�3. 20 ,P 2 ca. rox 1 0° i RE ul: 2 0 Witilp. ' VIAN ...iii,e,`‘ILI 110'. 4U 28 O 107 it it --- O UN / ON �J� 109 41 30 Ni \ O --- o 110 P_ 3 38 �A4,,,-00,, Q Nir 4 37 49 91 113 180 335 REZONING FROM: "A" n RESIDENTIAL, "A" HEIGHT & AREA TO: "0" OFFICE 411' ' PETITION AREA I I SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1622-94 "B" RESIDENTIAL I I "C" COMMERCIAL I I 0 100 200 Graphic Scale RECEIVED AUG 1 . 1994 AREA PLAN COMM. 1355 Pyle Avenue South Bend, IN 46615 August 16, 1994 Mr. Richard S. Johnson Area Plan Commission of St. Joseph County, IN 1140 County-City Building South Bend, IN 46601 Dear Mr. Johnson: We have recently been notified that the property adjoining ours is being considered for rezoning. This letter is to register with you our opinion that this rezoning should not be allowed. The property in question is located at 1359 Pyle Avenue. Originally zoned residential, the proposed ordinance would change it to "0" office. The property is a vacant lot, left empty when the home that occupied it was involved in the natural gas explosion that occurred in June of 1993 . As property owners that would be directly affected by this rezoning, we would like to state the following problems we see with this zoning change: 1. This is already a high level traffic area that is already congested due partially to the high amount of traffic flow trying to get in and out of the Edison Road Post Office Branch. 2. The proposed development plan calls for only six parking places to be included. Further problems would mount when people started trying to park on Pyle Avenue or Edison Road. 3 . There is not a lack of office space in the Michiana area that would serve the purpose much better than this one located in a residential area. 4. An extreme lack of privacy for the residential neighbors would be a problem. Back yard cookouts, volleyball games and other family activities would certainly decline. 5. Garbage and litter would become a problem, as it does anywhere where commercial buildings are. PAGE 2 6. The proposed development calls for pine trees to be planted to help assure privacy for the neighbors. Not only would this be insufficient for privacy, but would cause problems with pine needles dropping on neighboring property. 7 . Once a property is rezoned, it becomes easier for others in the same area to seek and be approved for rezoning, causing a once quiet, residential area to become a loud, congested commercial area. Anyone who is familiar with this neighborhood will agree that it is one of the better kept property areas in South Bend. The residents are families who care about their homes and keep them and their lawns well tended. To add even one more commercial or office property in this area would only add to the problems that help make good neighborhoods become run down. We would really hate to see this part of Edison turn into another Grape Road type of commercial strip. We kindly ask that you vote against this zoning request. Let our neighborhood stay residential where we might raise our children in a quiet, family oriented environment. Si cerely, i Andrew and Wendy "zd pski