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HomeMy WebLinkAbout8471-94 Zoning - 116 N Frances St • . ' • r ORDINANCE No. 8471-94 Passed by the Common Council of the City of South Bend, Indiana. March 14, 94 19 Attest: / City Clerk IRENE K. GAMMON Attest: _ , r1i�'4' ' [ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana March 15, 94 19 City Clerk IRENE K. GAMMON Approved and signed me 3//7 19 f ` p� 8n Mayor . • . . ORDINANCE NO. S1517/-9$4 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 116 N. FRANCES STREET, IN THE CITY OF SOUTH REND, INDIANA BE IT ORDAINED by the Common Council of the City of South Rend, Indiana: SECTION T . Ordinance No. 4990-68 , as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Rend, 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, St. Joseph County, State of Indiana: Part of Parcel #16 of Cottrell ' s 1st Addition to Lowell , City of South Rend, E 1 /2 of Northeast 1 /4 of Section *12 , Twp. 37N, R2E, St, Joseph County, Indiana. More particularly desribed as follows: Beginning at a point located 160 feet North of the Southwest corner of said Parcel *16 , thence North 36 feet along the West property line , thence East 113 feet along the North property line, thence South 36 feet along the East property line, thence 4\k West 113 feet along the South property line to the point of beginning. be and the same is hereby established as C-Commercial , E Height and Area. SECTION TI . 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. AO( (1,44gArAirl, Memb,, f the Comirrouncil Filed in Corks Office 1St READING /494-9 FEB 2 1994 PUBLIC HEARING g , 3 rd READING 9P4107A, IRENE GAMMON NOT APPROVED CITY CLERK,so.BEND,IN. REFERRED pAc777) 3//Cl/et 6" '2irg-411-4"1Q PETITION FOR REZONING TO: Common Council of the City of South Bend, Indiana City- County Building South Bend, Indiana 46601 RE: Rezoning Honorable Members: The undersigned is the attorney of record for the Petitioners who are Troeger, Garcia and Ansari Building Partnership, 922 W. Colfax, South Bend, Indiana 46617 and Duggan Shaffer, 120 N. Frances Street, South Bend, Indiana 46617, and requests that the Zoning Ordinance be amended as follows. 1. The property sought to be rezoned is located: 116 N. Frances Street and the North 7' of the vacated alley lying between 116 and 120 North Frances Street, South Bend, Indiana 46617 2. Name and address of property owner(s) of the petition site: a. Troeger, Garcia and Ansari Building Partnership 922 E. Colfax Avenue South Bend, Indiana 46617 b. Duggan Shaffer 120 N. Frances Street South Bend, Indiana 46617 3. It is desired and requested that this property be rezoned from B- Residential, B Height & Area to C- Commercial, E Height & Area. 4. This rezoning is requested to allow the following use of a parking lot. 5. 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. 6. 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 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. RESPECTFULLY SUBMITTED: li" 91 �Adllla—� lam— _ JO PH . AMARAL 2384 -71 Attorney for Petitioners HAMMERSCHMIDT, AMARAL & JONAS 224 W. Jefferson Blvd. South Bend, Indiana 46601 Telephone: (219) 282 -1231 PETITION PREPARED BY: Joseph L. Amaral HAMMERSCHMIDT, AMARAL & JONAS 224 W. Jefferson Blvd. South Bend, Indiana 46601 Telephone: (219) 282 -1231 CONTACT PERSON: Joseph L. Amaral HAMMERSCHMIDT, AMARAL & JONAS 224 W. Jefferson Blvd. South Bend, Indiana 46601 Telephone: (219) 282 -1231 li3 rFE _ ©F K�l YH Ym - T(,,,�,'sr, i `=T GIiY A-z5lu-FH Via, E�- It �:;r- N�T4akx-,7 Ca , TN �-� -r�� ►.� --r� ��.-�r L ►�� , -��,.;�, ter.: r-T Y LI �4 F, = � HI r M 1,HL2 a N Gr 7 i -Ef� j L.- Tc TommtUrt Irpar# 7!n #lie Tommon (1cu ril of i4r Ti#u of # ord4 lgrnb: Your Committee of the Whole to whom was referred BILL NO. 117 -93 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 116 N. FRANCES STREET, IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended. Roland Kelly Chairman r ' 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 February 2, 1994 The Honorable Common Council City of South Bend County -City Bldg. - 4th Floor South Bend, IN 46601 (219) 235 -9571 FAX (219) 235 -9813 )x7'g�1 RE: A proposed ordinance of Troeger, Garcia and Ansari Building Partnership and Duggan Shafer to zone from "B" Residential, "B" Height and Area to "C" Commercial, "E" Height and Area, property located at 116 N. Frances Street, City of South Bend - APC #1571 -93 Dear Council Members: The above referenced ordinance and site development plan of Troeger, Garcia and Ansari Building Partnership was legally advertised on January 20, 1994. The Area Plan Commission at its public hearing on February 1, 1994, took the following action: Upon a motion by Joseph Serge, being seconded by Richard Warner and unanimously carried, the ordinance was amended, at the request of the petitioner, to delete Duggan Shaffer from the petition. Upon a motion by Robert MacNaughton, being seconded by Joseph Serge and carried, the proposed ordinance of Troeger, Garcia and Ansari Building Partnership to zone from "B" Residential, "B" Height and Area to "C" Commercial, "E" Height and Area, property located at 116 N. Frances Street, City of South Bend is sent to the Common Council with no recommendation. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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. Sincerely, Richard S'. Johnson RSJ:sr Attachment CC: Troeger, Garcia and Ansari Building Partnership CC: Joseph Amaral CC: Duggan Shafer Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT January 10, 1994 Troeger. Garcia and Ansari Building Partnership 1571 -93 Location: 116 N. Frances Street City of South Bend REOUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "B" Height and Area to "C" Commercial, "E" Height and Area to allow a parking lot. EXISTING LAND USE: _ The property contains a single family home. SURROUNDING LAND USE AND ZONING: Located to the north, east and south are single family homes zoned "B" Residential, and to the west across Frances Street is a parking lot and a single family home zoned "B" Residential. ACCESS: Access to the site is from North Frances Street. 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 5,650 square feet. Of that, the parking and drives will occupy 4,828 square feet, or 85 percent of the site, and 822 square feet or 15 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: The petitioners have filed for a variance to eliminate the screening requirements for the proposed parking lot. �r I i'9 NoHnRVS � I1 p. " i\ „ ,. 1 I —_ r• e; � °a f. , . ar f, ,• a , •, of I SON - .•af p'g..yit1 Jtfi �s i� .. r 2 +., w t,. .. .. ( i ( I "t ~,. r•, ., .. •a3� , .,r E�. v �a � UI n Is's y►y o . J + � K p if R� A y • �y I I I Ls) a '" ^ u H WNNit; i K 1a' LL' ei Is . , i t , , + ,; 4,,. ,sal: i •1�, �iY „ ,r .. 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In 1- rr 7. o „ REZONING FROM: "0" RESIDENTIAL, "B" I IEIGHT & AREA TO: "Car COMMERCIAL, °Err HEIGHT & AREA PETITION AREA O OS U1 -1–I BEND ZONING °A" RESIDENTIAL1 �\ "B" RESIDENTIAL °C11 COMMERCIAL " ApC x/1571 -93 of Cl" COMMERCIAL -'"1 „ 1'D'1 LIGHT INDUSTRIAL C�'1 1 = 400 ,r� vo, lie 77. .1,VrTIM, m AL r 0, b�b A ALM 44 &VO t AM 13, i 7"1 " w1i 2701L Z,Ar FIG F " PETITION This PETTTION is against the proposed ordinance of Troeger, Garcia and Ansari Building Partnership and Duggan Shafer to zone from 'B' Residential, 'B' Height and Area to 'C' Commercial, 'E' Height and Area, property located at 116 N. Frances Street, City of South Bend to allow a parking lot. - APC #1571 -93 The following petitioners are residents and /or property owners within the immediate area of the subject property. Among the reasons for petitioning against this proposal are; 1. Increased traffic thru the dirt and gravel alleys would increase dust and deteriorate the alleys at a faster pace. 2. The alley is single lane and increased traffic would cause inconvenience and possible accidents. 3. Vehicle noise would increase. 4. Commercial zoning would allow other uses on the property. A large mobile food and vending truck already visits the area daily and parks along Frances Street in front of the medical office building. 5. The tree cover and vegetation would be replaced by asphalt. 6. Parking demand by the medical office is higher than this lot can supply. Additional requests for other 'spot' rezoning is inevitable and should be done as a 'whole' rather than piecemeal. 7. Drainage along the alleys from the East and North 'high ground' could be forced onto neighboring property. NAME /"o WWII ON Mi ' ADDRESS acxvo, O'l- , Jall :> >y IWI' old e Mi M� ifi o-,<� [v. JFrgMG ►,S l Q . c0LFi) 4 sul RESIDENT Wor OWNER w