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Home My WebLink About8433-93 Zoning - 802 North Olive St • 8433-93 ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana. November 29, 19 93 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 30,19 93 City Clerk IRENE K. GAMMON Approved and signed by me /2 - / '993 Mayor v. ORDINANCE NO. 8433-93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 802 NORTH OLIVE STREET, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, St. Joseph County, State of 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: Key Number 18-2032-1084: Street Address - 802 Olive Street South Bend, Indiana Lot numbered forty-four (44) as shown on the recorded Plat of John Prast's Subdivision of Lot Numbered 13 in Kunstman and Meyer's Addition to City of South Bend, Indiana. be and the same is hereby established as B-Residential and D Height and Area District. Subject to a final site plan allowing for two apartments in the residence. SECTION II. This ordinance shall be full force and effect from and after its passage by the Common Council, approval by the mayor and legal publications. Member of Common Council Passed November 29, 1993, as amended Date Filed Application No . Date received by the Area Plan Commission I , 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: 802 North Olive South Bend, Indiana 2 ) Name and address of property owner of the petition site : Valley American Bank and Trust Saint Joseph County, Indiana 3 ) Name and address of contingent purchaser: None 4 ) It is desired and requested that the property be rezoned: from C-Commercial, D Height and Area to B-Residential, D Height and Area 5) This rezoning is requested to allow the following use : There is an existing house on the site that we would like to convert into a three ( 3 ) apartment complex. 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 , the undersigned and titled o w n e r 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 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 ( 1 ) y e a r 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. PETITION PREPARED BY AND CONTACT PERSON: W. H. Calvin Murdock 131 South Taylor Street South Bend, Indiana 46601 Telephone ( 219 ) 232-7992 W. H. Calvin Murdock 131 South Taylor Street South Bend, IN 46601 August 31, 1993 Mr. Scott G. Kugler, Planner Area Plan Commission of St. Joseph County, Indiana 1140 County-City Building South Bend, IN 46601 RE: 802 North Olive Street South Bend, Indiana Dear Mr. Kugler: Please find our petition for rezoning the above regarded property, list of names and addresses of property owners within three hundred feet of petition property, five ( 5) site plans, the required envelopes and a proposed ordinance. Would you please accept these matter as our filing for the rezoning of 202 North Olive Street, in St. Joseph County, City of South Bend and State of Indiana. If there are any questions, please contact me. Sincerely, A:K//i/ LL(!: W. H. Calvin Murdock encl . WHCM/csb 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 V) 20, October 0, 1993 1 w 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 Valley American Bank and Trust to zone from "C" Commercial, "D" Height and Area to "B" Residential, "D" Height and Area, property located at 802 North Olive Street, City of South Bend - APC #1546-93 Dear Council Members: The above referenced ordinance and site development plan of Valley American Bank and Trust was legally advertised on October 7, 1993. The Area Plan Commission at its public hearing on October 19, 1993, took the following action: Upon a motion by Joseph Zappia, being seconded by Joseph Serge and carried, with Robert MacNaughton abstaining, the proposed ordinance and site development plan of Valley American Bank and Trust to zone from "C" Commercial, "D" Height and Area to "B" Residential, "D" Height and Area, property located at 802 North Olive Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. 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, ichard . Johnson RSJ:sr Attachment CC: Valley American Bank and Trust CC: W. H. Calvin Murdock Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT October 8, 1993 Valley American Bank and Trust 1546-93 Location: 802 North Olive Street City of South Bend REOUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "D" Height and Area to "B" Residential, "D" Height and Area to allow a three unit apartment building. EXISTING LAND USE The property contains a multi-family residential structure. SURROUNDING LAND USE AND ZONING: Located to the north are residences zoned "C" Commercial; and to the east, south, and west are residences zoned "B" Residential. ACCESS: Access to the site is from Frederickson Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 7,054 square feet. Of that, the buildings will occupy 1,235 square feet, or 18 percent of the site; the parking and drives will occupy 1,185 square feet, or 17 percent of the site; and 4,634 square feet or 65 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 City Engineer made the following comments: 1) Parking lots off alleys are required to have an approach with curbing along the property line of the alley and a radius curb • into the lot, and 2) a 600 gallon dry well will be required if the parking lot is paved. These issues will be addressed prior to Final Site Plan approval. • �— i=' 2 � �. 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