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HomeMy WebLinkAboutZoning - Southeast corner of Howard St & St Peter St { r 1 to e t ORDINANCE No. 8224-91 Passed by the Common Council of the City of South Bend, Indiana. November 25, 91 Attest: �""'—� City Clerk IRENE K. GAMMON Attest: ��� �— L President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 26, 91 I9 City Clerk IRENE K. GAMMON Approved and signed by me 4)c-ce,-,AkIA 19_22 Mayor . 1,K t r r ORDINANCE NO. 8224-91 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HOWARD STREET AND ST. PETER STREET IN THE CITY OF SOUTH BEND, INDIANA 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 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. The West Half (1/2) of Lot Numbered One Hundred Twenty-five (125) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, excepting therefrom a strip of land seven (7) feet in width, taken off the East end thereof, heretofore appropriated by the City of South Bend, for a public alley. be and the same is hereby established as C-1 Commercial and A Height and Area, and subject to a Final Site Development Plan and appropriate variance(s) and exceptions regarding parking requirements from the Board of Zoning Appeals. 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. Member •,'the Common Council let A NM( g_ 9-- 9 I 7. ! 1. • f $ PETITION Date Filed: September 4, 1991 Application No. : Date received by the Area Plan Commission: The undersigned makes application and petitions 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: Southeast corner of Howard Street and St. Peter Street. 2) Name and address of property owner(s) of the petition site: Notre Dame - Howard Partnership 702 South Michigan Street South Bend, Indiana 46601 3) Name and address of contingent purchaser: Not Applicable. 4) It is desired and requested that this property be rezoned from: A Residential, A Height & Area to: C-1 Commercial, A Height & Area 5) This rezoning is requested to allow the following use: Bookstore and related uses (subject to necessary variances for required parking) . 6) Attached is a copy of (a) legal description of the property; (b) a list of the 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. NOTRE DAME-HOWARD PARTNERSHIP By: .!,/��iffo rt,�� �1-� Ti othy J. 9r-.rtzer"`artner r r 1r l ri V t NOTRE DAME - HOWARD PARTNERSHIP LEGAL DESCRIPTION PARCEL I The West Half (1/2) of Lot Numbered One Hundred Twenty-five (125) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, excepting therefrom a strip of land seven (7) feet in width, taken off the East end thereof, heretofore appropriated by the City of South Bend, for a public alley. 6 Filed ire lwrk'e !Iffi 1 r Y Sg q AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 October 16, 1991 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 Notre Dame - Howard Partnership to zone from "A" Residential , "A" Height and Area to "C-1" Commercial , "A" Height and Area, property located at the southeast corner of Howard Street and St. Peter Street . , City of South Bend - APC #1425-91 Dear Council Members: The above referenced ordinance and site development plan of Notre Dame - Howard Partnership was legally advertised October 3, 1991 and October 5, 1991 . The Area Plan Commission at its public hearing on October 15, 1991 , took the following action: Upon a motion by Charles Landesman, being seconded by Charles Rogers and carried, the proposed ordinance and site development plan of Notre Dame - Howard Partnership to zone from "A" Residential , "A" Height and Area to "C-1"Commercial , "A" Height and Area, property located at the southeast corner of Howard Street and St. Peter Street. , City of South Bend is sent to the Common Council with an unfavorable recommendation. This site is completely surrounded by "A" Residential zoning. Past land use decisions made by the Commission and Common Council for this area have consistently supported "A" Residential zoning. The proposed rezoning would be even more detrimental to the residential area in which it is located than the petitioners' previous rezoning proposals at the corner of Notre Dame and Howard. The previously proposed building was a 4200 square foot, one story building with adjacent parking. The building now being proposed is more than 9000 square feet and would include a basement plus two stories. In fact , the building is so large that it will require a loading berth. The subject property is located even further into the heart of the residential area than the previous requests and would encourage parking on the street. The development proposal covering two parcels separated by a street would also have a greater negative impact on a larger area of residential uses than the previous requests. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN fY Although the bookstore presently exists on a portion of the property, it is a nonconforming use. If this nonconforming use is granted commercial zoning, then the Commission and Common Council should be aware, that there are numerous other nonconforming uses in the area that could request equal treatment . • One of the objectives of the City's Zoning Ordinance and the neighborhood rezoning program has been to encourage and protect the single family areas of the City. The rezoning of this parcel "flies in the face" of that objective and would transfer the responsibility of protecting the neighborhood from the City to the low and moderate income families living near this site and to the Northeast Neighborhood Organization. This would be unfair to the people of the area. The private library for which a building permit was erroneously issued for the Notre Dame-Howard site had approximately half the square footage of the building now being proposed., Also, since the library was originally proposed to be built under the existing "A" Residential zoning, it would not have made the land use decision for commercial zoning in the area and would have had less of a detrimental effect on the neighborhood than the present proposal . The Common Council should be aware that they are not simply making a decision of whether or not a bookstore is a good use for the area, but rather they are making a land use decision that commercial zoning is appropriate for this site and therefore for other similar sites in the area. The decision to zone this site commercial is one that the residents will have to live with for many years. The end cost to the City in terms of lower property values and reversal of the trend to renovate this area could be much greater than allowing the construction of a private library. In addition to being detrimental to the area, the proposed use is also too intensive for the site. Even if this petition is granted, an Exception will have to be granted by the Board of Zoning Appeals to allow parking on a non-contiguous residentially zoned lot . Variances will also be needed in order to increase the width restriction for a street separating the commercial use from the parking area from the allowable 30 feet (the Howard Street right-of-way is 82.5 feet) , and to reduce the number of spaces required by 63 percent from 32 down to 12. Y f t Y 1 t c The Commission would also note that there is available commercially zoned property in the area that could easily accommodate the proposed uses. Our research has also shown that Indiana court rulings have consistently held that this type of spot zoning (singling out one piece of property for treatment different from that accorded similar surrounding property for the landowner's sole economic benefit) is illegal . Therefore, the Commission sends this petition 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, Richard S. Johnson RSJ:sr Attachment CC: Notre Dame - Howard Partnership Timothy J. Hartzer r STAFF REPORT October 7, 1991 . Notre Dame - Howard Partnership 1425-91 Location: the southeast corner of Howard Street and St . Peter Street . City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential , "A" Height and Area to "C-1" Commercial , "A" Height and Area to allow the construction of a bookstore and related uses, EXISTING SAND USE: The property contains a bookstore and two single family homes. SURROUNDING LANII USE AND ZONING: Located to the north is a vacant lot and single family residences zoned "A" Residential , to the east and south of the Site are single family homes zoned "A",Re.sident ial` and to the 'west is a park zoned "A" Residential . There is also a multi-family . residential building near the northwest corner of Howard and St. Peter Streets. ACCESS: Access to the site is from Howard 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 7887 square feet . Of that , the buildings will occupy 3115 square feet , or 39.5 percent of the site; the parking and drives will occupy 1421 square feet, or 18 percent of the site; and 3351 square feet or 42.5 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: Two similar petitions were filed for property northeast of the subject site in November , 1989 (1274-89) and June, 1990 (1339-90) . In each case, the petitions received unfavorable recommendations from the Area Plan Commission and were withdrawn. In March, 1986 (1003-86) a petition for "B" Residential zoning for the property northwest of the subject property also received an unfavorable recommendation. NIM ' wIc B • '{ ,F I /�C- . i V t a I �Q jf I pi Y , t J j A p _VD ANGELA 36 c '�31 T. 38N. CLAY TVi�P. -' 115 • S [�! 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A WASH1 •, � AVE.ST CHILDME R , _f'—•1 I-1 I-1. 1 1.I 1 I I REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA APC #1425-91 TO: "C-1" COMMERCIAL, "A" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL 1 "C" COMMERCIAL NORTH 11 , Y f 1 , y Notre Dame - Howard Partnership Rezoning Petition Robert & Vera Schmidt *Key No. 18-5104-3649 1029 N. Notre Dame Ave South Bend, IN 46617 Thomas & Louise McGann *Key No. 18-5104-3650 17440 Arbor Drive South Bend, IN 46635 University of Notre Dame Du Lac *Key No. 18-5104-3653 308 Administration Bldg Notre Dame, IN 46556 Matthew & Barbara Galbraith *Key No. 18-5104-3655 , 3656 1017 North Notre Dame Ave. South Bend, IN 46617 Elmer Brugh *Key No. 18-5104-3659 215 Devonshire South Bend, IN 46615 Frankie & Jennie Billello *Key No. 18-5104-3662, 3661.01 P.O. Box 4592 South Bend, IN 46634 William Richardson *Key No. 18-5104-3647 1035 N. Notre Dame Ave. South Bend, IN 46617 Lawrence & Margaret Stauder *Key No. 18-5104-3646 802 E. St . Vincent St . South Bend, IN 46617 James & Christina Oleksak *Key No. 18-5104-3623,3624 1035 N. St . Peter South Bend, IN 46617 Dimitrios Vasiliades *Key No. 18-5104-3625,3626 316 N. Lafayette South Bend, IN 46601 Earl Zerbe *Key No. 18-5104-3627 1019 N. St. Peter St . South Bend, IN 46617 Alfred & Carmilla Daveline *Key No. 18-5104-3628 1017 N. St . Peter St. South Bend, IN 46614 s y ) a V Y 1 Peter & Mary Shaw *Key No. 18-5104-3629 22056 Roosevelt Rd. South Bend, IN 46614 Jeffrey & D. Beers *Key No. 18-5104-3630 717 E. Howard St . South Bend, IN 46617 William & Valerie Crachy *Key No. 18-5104-3631 2215 Rockne Dr. South Bend, IN 46615 The Religious Order of St . Matthew *Key No. 18-5104-3632 P.O. Box 4021 *Key No. 18-5107-3766 South Bend, IN 46634 Frank Rafinski *Key No. 18-5104-3648 1026 N. St . Peter South Bend, IN 46617 Kevin Dreyer *Key No. 18-5104-3651 , 3652 1020 St . Peter South Bend, IN 46617 Sherry Whiten *Key No. 18-5104-3654 1014 St. Peter South Bend, IN 46617 Albert Summerlin *Key No. 18-5104-3657 P.O. Box 1972 South Bend, IN 46634 Viro Thompson *Key No. 18-5104-3658 1008 N. St Peter South Bend, IN 46617 Lawrence & Celeste Laskowski *Key No. 18-5105-3710 1025 N. Francis St. South Bend, IN 46617 Arthur Quigley *Key No. 18-5105-3712 1019 N. Frances St. South Bend, IN 46617 Pat & Mary Killelea *Key No. 18-5105-3672 1016 N. Notre Dame Ave. South Bend, IN 46617 Peter & Phyllis Beck *Key No. 18-5105-3673 .01 1007 N. Frances St. South Bend, IN 46617 , i 1 ) 1 t I 4 David Mahoney *Key No. 18-5105-3673 54101 Ironwood Dr. South Bend, IN 46635 Peter Gillis *Key No. 18-5107-3771 318 N. Lafayette Blvd South Bend, IN 46601 Robert & Mary Remenih *Key No. 18-5107-3772 931 N. Notre Dame South Bend, IN 46617 Mary Rappelli *Key No. 18-5107-3775 713 E. LaSalle South Bend, IN 46617 Edward & Francis Lipsky *Key No. 18-5107-3779 52063 Helmen Rd. South Bend, IN Paul & Susan Presits *Key No. 18-5107-3779 55209 Moss Rd South Bend, IN Margaret Monar *Key No. 18-5107-3780 919 N. Notre Dame Ave. South Bend, IN 46617 Douglas Kinsey *Key No. 18-5107-3782 915 Notre Dame Ave. South Bend, IN 46617 Jane Gurthet *Key No. 18-5107-3784 907 N. Notre Dame Ave • South Bend, IN 46617 Graham & Alice Henry *Key No. 18-5107-3786 821 N. Notre Dame Ave. South Bend, IN 46617 Elizabeth Pattee *Key No. 18-5107-3785 801 Corby South Bend, IN 46617 Mary Michael *Key No. 18-5107-3783 912 N. St . Peter St. South Bend, IN 46601 John & Mary Wilson *Key No. 18-5107-3781 918 St . Peter South Bend, IN 46617 c .. r r t 3 ) J i , Jon Schultz *Key No. 18-5107-3778 920 N. St. Peter South Bend, IN 46617 Michael Ross *Key No. 18-5107-3777 P.O. Box 744 Niles, MI 49120 Louis & Carolyn Myers *Key No. 18-5107-3774,3768 23750 Madison Rd. South Bend, IN 46614 City of South Bend *Key No. 18-5107-3794,3800 County City Bldg South Bend, IN 46601 Lillian Caddy *Key No. 18-5107-3762, 3763 917 N. St. Peter St. South Bend, IN 46617 Charles Roedig *Key No. 18-5106-3713 2915 Seidenberg Key West, FL 33040 Edward Zick *Key No. 18-5106-3714 60981 US 31 South Bend, IN 46614 Steve Moriarty *Key No. 18-5106-3717 930 N. Notre Dame South Bend, IN 46617 Marc Jarsulic & Candace Howes *Key No. 18-5106-3718 926 N. Notre Dame Ave South Bend, IN 46617 William & Marilyn Rees *Key No. 18-5106-3721 215 Devonshire South Bend, IN 46615 Retreats International Inc. *Key No. 18-5106-3722 920 N. Notre Dame Ave. South Bend, IN 46617 QTnntntt#tnt arPnrt, Tone nn (Iounrit of the Tag of*oath fired: Your Committee of the Whole to whom was referred BILL NO. 58-91 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HOWARD STREET AND ST. PETER STREET IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amenddd: after the word area add " , and subject to a final site development plan and appropriate variance (s) and exceptions regarding parking requirements from the Board of Zoning Appeals. Loretta Duda Chairman FREE PRESS PUBLISHING CO.