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Home My WebLink About9448-03 Rezoning 608 W, CalvertORDINANCE No. 9448-03 Passed by the Common Council of the City of South Bend, Indiana September 8, Attest: Attest: 20 03 Presented by me to tl:e Mayor of the City of South Bend, Indiana September 9, 03 20 City Clerk President of Common Council City Clerk Approved and signed by metes .member 9 20:~~~ Mayer ORDINANCE NO. ` ~~ ~' 0-3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 608 W. CALVERT ST. IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. Ordinance No. 4990-68, 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: LOT 130 D M SHIVELYS 1sT ADD be and the same is hereby established as "B" Residential, and "e" Height and Area". 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. Q Member of the Commo Council 1st READING ~'l~~~~ PUBLIC HEARING °~ -F ' 03 3 rd READING ~-~_p~ NOT APPROVED REFERRED /~ ~IP • ~-'~~~^~ PASSFA ~-x_03 0.S ~c, s S ut~ s ~-L -~ut-s-~ a-v..~ ~ S c,~~ s ~~~ P~ S EP 0 0 2003 LORFTTA J. DIJi),4 ClTYCL[RK, S0. B~ND.ItI!. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 58-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 608 CALVERT ST. 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 and amended as follows: "B" Residential, and "e" Height and Area". Also a title change of adding W. to 608 Calvert St. Sean Coleman Chairman Date Filed Application No. ~~ Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herin requested. 1) The property sought to be rezoned is located at: 608 Calvert Street, South Bend, Indiana 2) 3) Name and address of the property owner(s) of the petition site: Warren Jr. and Debra Ritter 2304 Byerly Ct. Mishawaka IN. 46544 Name and address of contingent purchaser(s), if applicable: Keith & Sara Kurowski 13801 Green Meadow Ct. Granger, IN 46530 574-243-2952 4) 5) It is desired and requested that this property be rezoned from "D"- Light Industrial _"A" Height and Area to "B"-Residential "E" Height and Area ~q~t to EI®rk'S ®~fiC~ ~Ur ~ ~~ Za03 t.OR~TTA J. t'itJJE, This rezoning is requested to allow the following use(s): to rent out the (present) three apartment units and convert the front space to a fourth apartment unit. 6) Attached is 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; and (c) six (6) 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 airy 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, time extension on the submittal of the final site plan may be requested. Property Owners Signature(s): Phone Number: PETITION PREPARED BY: CONTACT PERSON: ~ ~ G% /C(.,~~i ~ Keith and Sara Kurowski Keith Kurowski 13801 Green Meadow Ct. ~ Granger, IN. 46530 ~ ~~ (574)243-2952 ~t ~PN~ GO S ~ t;PR Q~p.N 5 0 SON~N P N~ R~-~1~SER 4 9 CALVERT STREET (60' R/W) FACE OF WALK ¢ °• •' . f 8' CONC "' "' ° • N ° A ~ ifj • c ' 5' CONC WALK ° •• • 4C1 ,~ 0.6' RETAINING WALL ° 2 0, 13.3' •IRON ~ ' 8.3. 8.2 3.2'' •, - FOUND S/4" OPEN 43.2 9.5' x 4.4' • • TOP CONC STEP .5' ABOVE ~~ ~2 STORY - BRICK / _ b 128 129 / N W ~ W , ~ ~ : o•• 131 132 V 0 ° ~ N N 2.6' . 3 6' . ~~ 2.1. 22.4'x°' '•° OVERHANGI ~ ° 130 • 0.67' CONC 0.67' CONC ' ° ~ RETAINING WALL ±0.4' WEST OF RETAINING WALL PROPERTY LINE ±0.5' EAST OF C°• PROPERTY LINE EDGE OF CONCRETE 40' 14' ALLEY 196 Filed !~ ~l~~'~ ~ Off@~~ J U L 0 ~ 2003 LOR~TTA J. O1;D?, CtTYCLEh'1;,:>a. G~uPtJ, (~i, r'\ 0 cD `i W W F-- Cn O Q F- ~~.~ Lang, Feeney 8~ Associates, Inc. Land Surveyors, Construction Engineers & Soil Scientists SHIVELY'S ADDITION 715 South Michigan Street LOT #130 South Bend, Indiana 46601 FOR Phone 574-233-1841 Fax 574-674-0374 KEITH KUROWSKI rile Name Drown By scale ShivellyAdd130MR BKG 1" = 30' Date Rev. Date Drawing No. 07-08-03 - 22204 ' • ~ ~ Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 August 20, 2003 The Honorable Council of the City of South Bend 4th Floor, Country-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Warren Jr. and Debra Ritter to zone from "D" Light Industrial, "A" Height and Area to "B" Residential, "E" Height and Area, property located at 608 Calvert Street, City of South Bend - APC# 2217-03 Dear Council Members: The above referenced ordinance of Warren Jr, and Debra Ritter was legally advertised on Thursday, August 7, 2003. The Area Plan Commission at its public hearing on Tuesday, August 19, 2003, took the following action: Upon a motion by Charlotte Sobel, being seconded by Robert Hawley and unanimously carried, the proposed ordinance and site development plan of Warren Jr. and Debra Ritter to zone from "D" Light Industrial, "A" Height and Area to "B" Residential, "E" Height and Area, property located at 608 Calvert Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This proposed use is significantly less intense that what is allowed under the current zoning of "D" Light Industrial. Furthermore, this building is abandoned and in disrepair. This petition will hopefully improve a negative aspect of the community. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a designation 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. Sincerely, Robert W. Sante RWS:sr F~~ed [rl Cl~~~s's ~f$iCl~ LOR:,TTA J. CODA C3T1' CLEF"ij:, F;tA. F3~ldD, i?7. Attachment CC: Warren Jr. and Debra Ritter Keith and Sara Kurowski Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT Warren Jr. and Debra Ritter 2217-03 Location: 608 Calvert Street City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "D" Light Industrial, "A" Height and Area to "B" Residential, "E" Height and Area to rent out the present three apartment units and convert the front space to a fourth apartment unit. EXISTING LAND USE: The property contains a vacant building which has previously been used as a mix use of commercial and residential. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes and a mixed use building zoned "A" Residential, "a" Height and Area. Located to the south and east are single family homes zoned "A" Residential, "a" Height and Area. To the west are single family homes and a commercial building zoned "D" Light Industrial, "a" Height and Area. ACCESS: Access to the site is from Calvert 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 4,800 square feet. Of that, the buildings will occupy 1,704 square feet, or 35.5 percent of the site. Parking and drives will occupy 3,096 square feet, or 64.5 percent of the site. There is no 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: a drainage plan is required at the final site plan stage. Also, the roof drains will need to be disconnected from the combined sewer. STAFF RECOMMENDATIONS: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to a final site development plan. This proposed use is significantly less intense than what is allowed under the current zoning of "D" Light Industrial. Furthermore, this building is abandoned and in disrepair. This petition will hopefully improve a negative aspect of the community. - - - ~ D J J J J J .J J .. 3 3 3 ~ 3 ~ ~ I l~ W W ~ ~ Q Om J J -.~ ~Wj a I Q ixEOUE Qz O? ~? Qz Qz ~ O I Z N N N N N N CALVERT D~~ ° ~a~ PET~TIOfV AREA J Q Q Li 4. a~ o~ o Z Z V7 N ~' p p 0 0 Q O SINGLE FAMILY SI G FAMILY SI MILY ~ SINGLE FAMILY U o o Q a SIN LE FAMILY SINGLE FAMILY ~ SiNGLE FAMILY ~ o O SINGLE FAMILY SINGLE FAMILY o ~ ~ D Q Q REZONING FROM: "D" LIGHT INDUSTRIAL, "A" HEIGHT & AREA TO: "B" RESIDENTIAL, "E" HEIGHT 8~ AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL N "D" LIGHT INDUSTRIAL "E" HEAVY INDUSTRIAL APC # 2217-03 PETITION AREA o so ~ oo zoo `~ Graphic Scale } J J ~A V1 < lr < tr < U .~ < W ? W W S' W 3 ~ N N ? N