HomeMy WebLinkAbout10188-12 Zoning property 621 & 625 Lincolnway East ORDINANCE No . 10188-12
Passed by the Common Council of the City of South Bend, Indiana
October 8, 20 12
Attest: — City Clerk
JOAN V ORDE
lib 1 ‘ \ ,
Attest: ik ` President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 9, 20 12
g∎= - -!t'1--: .- City Clerk
JO` ORDE
Approved and signed by me or 7GlS f 1� 7 20 t 2
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Mayor
ORDINANCE NO. 1 - t ?(2
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 621 AND 625 LINCOLNWAY EAST, COUNCILMANIC
DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Change to Mixed Use District from present zoning of MF1 Urban Corridor
Multifamily District. Retail sales and repair of sewing machines.
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:
17 ft. southeast side of Lot 6 Andrew Fuerbringer Addition and 16ft northernly
side lot 7 Andrew Fuerbringer addition and 33 ft Southeasternly side lot 7 Andrew
Fuerbringers addition
be and the same is hereby established as MU Mixed Use 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.
. . . \ 1A.. ._ 410
ber of the Common Council
Atte :
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N&rk
Presented by me to the Mayor of the City of South Bend, Indiana on the
I •41, day of Oc r , 2 OD_ , at er 3 o'clock q . m.
10 , City Clerk
Approved and signed by me on the 9 day of 041" f rL
20I L , at 5- o'clock P . m.
Mayor, Ci of ,,Pr Bend, Indiana
Filed in l r '
1 st READING
PUBLIC hiEARING W 4."( 'CcS sL�s���
3 rd READING L 5 3—1 Z— OLP ALIO 3 r014
NOT APPROVE):
REFERRED A 0° 8--(3 I JCHIS" Of:;RE
CITY CLERK,;SOUTH H 4EN-
PASSED t d—Y-1L a3 Su3 � ..:......._,_..,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
37-12 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 621 AND 625 LINCOLNWAY
EAST, COUNCILMANIC DISTRICT 2 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 as substituted by changing the title to add 625 Lincolnway East.
This bill was heard by the Zoning &Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION TO REZONE
Unincorporated St.Joseph County
I(we)the undersigned make application to the St.Joseph County Council to amend the zoning ordinance as herein requested.
1) The property sought to be rezoned is located at:
(621 Lincolnway east and 625 Lincolnway east)
2) The property Tax Key Number(s)is/are: (18-3030-1096) (18-3030-1097) (Key#3)
3) Name and address of property owner(s)of the petition site:
Diane Erdman Verl Sheets Sr
10186 Charles st 801 Bronson
Osceola,IN 46561 South Bend,IN 46601
((574)(340-8841) ( (574))(220-7867)
(erdmand @comcast.net) dreamwestt@aol.com)
For additional owners,reprint additional pages with signatures
4) Name and address of contingent purchaser(s),if applicable:
(Name) (Name)
(Address) (Address)
(City),(State) (Zip Code) (City),(State) (Zip Code)
((Area Code))(Phone number) ((Area Code))(Phone Number)
(E-Mail Address) (E-Mail Address)
For additional owners.reprint additional pages with signatures
5) It is desired and requested that this property be rezoned:
From: (MF1 District
To: (MU)District
6) This rezoning is requested to allow the following use(s): (Retail sales and service of sewing machines))
7) Attached,and made a part of this PETITION,is:
(a)a copy of a legal description of the property;
(b)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;
(c)six(6)site plans;and
(d)addressed,stamped envelopes for all property owners within 300 feet of the petition property.
PETITION PREPARED BY: S. •ature(s)of All Property owner(s),or
sign-•re of Attorney for al s roperty owner(s):
Diane Erdman
10186 Charles st , f-4'1
Osceola, IN 46561
((574))(340-8841) F'1 -
erdmand @comcast.net
CONTACT PERSON: (If different) Filed in Ci g
(Name)
(Address)
(City), (State) (Zip Code) AUG 3 2012
((Area Code))(Phone number)
J f a
(E-Mail Address)
Legal Description for rezoning
17ft sely side lot 6&16 ft my side lot 7 Andrew Feurbringers Add
Commonly known as 621 Lincolnway East South Bend In 46601
Filed in Cier °e Office
AU 08 2012
CITY CLERK,SOU H MO,IN
Preliminary Site Plan
1 Land coverage area %of total area
Total sq ft 6620
A buildings 1220 sq ft 18%
B parking 540 sq ft 8%
C open space 4880 sq ft 74%
Proposed land uses and floor area
A retail 780 sq ft
B residential 928 sq ft
Total sq ft 1708
3 parking spaces provided
4 City sewer and water
I Filed in Clerk's Office
AUG 0bZ012
JOHN VOC!DE
CITY CLERK,SOUTH BEND,IN
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Pc JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
EA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571
September 19,2012
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Diane J. Erdman and Verl Sheets, Sr.to zone from MF 1
Multifamily Urban Corridor District to MU Mixed Use District,property located at 621 and
625 Lincolnway East,City of South Bend-APC#2644-12
Dear Council Members:
I hereby Certify that the above referenced ordinance of Diane J. Erdman and Verl Sheets, Sr.was
legally advertised on Thursday, September 6,2012 and that the Area Plan Commission at its
public hearing on Tuesday, September 18,2012 took the following action:
Upon a motion by John McNamara,being seconded by Karl King and unanimously
carried, the proposed ordinance of Diane J.Erdman and Verl Sheets, Sr.to zone
from MF 1 Multifamily Urban Corridor District to MU Mixed Use District,property
located at 621 and 625 Lincolnway East,City of South Bend is sent to the Common
Council with a favorable recommendation. Lincolnway East is a major traffic
corridor,with a mix of residential and business uses in the immediate vicinity. This
rezoning is compatible with the goals of City Plan.
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 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.
Sincerely,
4e4A,IV tikw,i,.,
n W. B
Y
Attachment
Diane J. Erdman
Verl Sheets, Sr.
SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND
www.stjosephcountyindiana.comlAreaplan
Staff Report
APC# 2644-12
Owner: Diane J.Erdman&Verl Sheets, Sr.
Location: 621 and 625 Lincolnway East
Jurisdiction: City of South Bend
Requested Action:
The petitioners are requesting a zone change from MF 1 Multifamily Urban Corridor District to
MU Mixed Use District to allow retail sales and service of sewing machines and a residential unit
with the appropriate parking.
Land Uses and Zoning:
On site: On site is a single family home and a vacant lot.
North: To the north are single family homes zoned SF2 Single Family and Two Family
District.
East: To the east is a vacuum cleaner sales and service business zoned MU Mixed Use
District.
South: To the south, across Lincolnway East are single and two family homes zoned
MF 1 Urban Corridor Multifamily District.
West: To the west is a vacant office building zoned LB Local Business District.
District uses and development standards:
The "MU" Mixed Use District is established to promote the development of the 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:
The total area is 9,240 square feet. There is an existing house and garage covering 1,220 square
feet or 13%of the site. In addition to the space in the garage,four parking spaces are provided,
covering 17% of the site. The remaining 70% is open space. Access will be from Lincolnway
East.
Zoning and land use history&trends:
The apartment building at 709-711 Lincolnway East is currently going through the rezoning
process to allow for conversion to a single family home. This section of Lincolnway East has a
mixed land use pattern of businesses,homes and duplexes.
Traffic and transportation considerations:
Lincolnway East has four lanes.
Utilities:
The site is served by city water and sewer.
Diane J. Erdman&Verl Sheets,Sr.
#2644-12
Page 1 of 2
Additional information: (Agency comments)
The Department of Community and Economic Development comments this rezoning would
support a neighborhood commercial use and would still be keeping with the zoning of
surrounding properties and the mixed-use character of the neighborhood. The Office of Historic
Preservation Commission does not have any objections to the change in zoning. The City
Engineer had no comments. .
Staff Comments:
The property is located within the Edgewater Place Local Historic District.
Commitments:
No commitments are proposed.
5 Criteria(per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan(November 2006)
Objective LU 1: Plan for the future of the community's districts, neighborhoods, and
corridors.
Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations
indentified on the Future Land Use Map.
Land Use Plan:
The Future Land Use Map identifies this area as a mix of uses.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current conditions and character:
Along Lincolnway East is a mix of houses and businesses. Some of the structures are in poor
condition.
3. Most desirable use:
The most desirable use is one that is compatible with the mix of uses located in the area.
4. Conservation of property values:
The rehabilitation of this property may have a positive effect on neighboring property values.
5. Responsible development and growth:
It is responsible development and growth to encourage the rehabilitation of a building with a use
that is compatible with the character of the area.
•
Recommendation:
Based on information available prior to the public hearing the staff recommends that the petition
be sent to the Common Council with a favorable recommendation.
Analysis:
Lincolnway East is a major traffic corridor, with a mix of residential and business uses in the
immediate vicinity.This rezoning is compatible with the goals of City Plan.
Diane J. Erdman&Verl Sheets, Sr.
#2644-12
Page 2 of 2
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Ai 1_43 Rezoning from:
"MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT
to "MU" MIXED USE DISTRICT
ZONING CLASSIFICATION N
1_
SOUTH BEND"SF2" SINGLE FAMILY AND TWO FAMILY DISTRICT rr k` .
SOUTH BEND"M F1" URBAN CORRIDOR MULTIFAMILY DISTRICT VV .:_' •:-;irE
SOUTH BEND"MU' MIXED USE DISTRICT
SOUTH_BEND, CBD I� S
SOUTH BEND"LB" LOCAL BUSINESS DISTRICT � ' 1 = feet
tilb SOUTH BEND"CB" COMMUNITY BUSINESS DISTRICT AP 2644-12