HomeMy WebLinkAboutZoning - Property 2002 Mishawaka Ave & 914 20th St, 918 20th St & 922 20th St ORDINANCE No. 7766-87
Passed by the Common Council of the City of South Bend, Indiana
June 8, rq 87
Attest: )
City Clerk
IRENE K. GAMMON
Attests - President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
June 9, i9 87
City Clerk
IRENE K. GAMMON
Approved and sired by me t L, h f'., I I 9, 7
9
i `� —Mayor
ORDINANCE NO. "1 "2 6, jo -g-7
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 2002 MISHAWAKA AVENUE AND
914-20TH STREET, 918-20TH STREET AND 922-20TH 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 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:
Lots Numbered 3, 4 , 5 and 6 of Shank' s 1st Addition
to the City of South Bend,
be and the same is hereby established as C-Commercial, "A"
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.
R /J
(Mem.tr of ' he Comm/ Council
DATE FILED: APPLICATION NO.
DATE RECEIVED BY THE AREA PLAN COMMISSION:
I the undersigned make application and petition 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:
Lots Numbered 3, 4 , 5 and 6 of Shank' s 1st Addition
to the City of South Bend.
2) Names and addresses of property owners of the petition site:
Bernard P. Nevel and 2002 Properties, an
Robert L. Proudfit Indiana Partnership
2002 Mishawaka Ave. 2002 Mishawaka Ave.
South Bend, IN 46615 South Bend, IN 46615
Phone: (219) 288-5181 Phone: (219 ) 288-5181
Lot No. 3 of Shank' s Lot Nos. 4,5 and 6 of
1st Addition to the Shank' s 1st Addition
City of South Bend to the City of South Bend
3) Name and address of contingent purchaser(s) , if applicable:
NONE
4) It is desired and requested that this property be rezoned:
from B - Residential, "A" Height and Area
and A - Residential, "A" Height and Area
to C —Commercial , "A" Height and Area
5) This rezoning is requested to allow the following use(s) :
To permit an expansion of the existing optometrist medical
facility presently located at 2002 Mishawaka Avenue, South
Bend, Indiana.
6) Attached is a copy of (a) legal description of the property; and
(b) a list of names and addresses of 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
just 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.
nn L th P. Fedder
Filed In Clerk's Office Attorney for Petitioners,
Bernard P. Nevel, Robert L. Proudfit
and 2002 Properties, an Indiana
APR Q 1957 Partnership
IRENE GAMMON Mishawaka Avenue
�9 South Bend, Indiana 46615
EXHIBIT A
Lot No. 3 of Shank' s 1st Addition to the City of South Bend, more
commonly known as 2002 Mishawaka Avenue, South Bend, Indiana;
and
Lot Nos. 4 , 5 and 6 of Shank' s 1st Addition to the City of South
Bend, more commonly known as 914-20th Street, 918-20th Street,
and 922-20th Street, all in the City of South Bend, Indiana .
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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
May 20, 1987
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 Bernard P. Nevel, et al
to zone from "B" Residential, "A" Height and Area, and "A" Residential,
"A" Height and Area to "C" Commercial, "A" Height and Area, property
located at 914, 918 and 922 20th Street, City of South Bend - APC #1095-87
Gentlemen:
The above referenced ordinance and site development plan of Bernard P. Nevel,
et al was legally advertised May 8 and May 9, 1987. The Area Plan Commission
gave it a public hearing on May 19, 1987; at which time the following action
was taken:
Upon a motion by Joseph Serge, being seconded by Chuck
Sausman and unanimously carried, the proposed ordinance
and site development plan of Bernard P. Nevel, et al to
zone from "B" Residential, "A" Height and Area, and "A"
Residential, "A" Height and Area to "C" Commercial, "A"
Height and Area, property located at 914, 918 and 922
20th Street, City of South Bend, is sent to the Common
Council with a favorable recommendation subject to a
final site development plan and approval of the
necessary variances by the City Board of Zoning Appeals
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: Bernard P. Nevel and Robert L. Proudf it
2002 Properties
Kenneth P. Fedder, Attorney
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
0
STAFF REPORT
BERNARD P. NEVEL, ET AL #1095-87 May 8, 1987
914, 918 and 922 20th St.
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change from
"A" Residential , "A" Height and Area and "B"
Residential , "A" Height and Area to "C"
Commercial , "A" Height and Area to expand an
existing optometrist medical facility.
EXISTING LAND USE: The properties contain an existing optometrist
office and three single-family homes.
SURROUNDING LAND USE AND ZONING: Located to the north is Potawatomi Park zoned "A"
Residential, to the east is a single-family home
zoned "B" Residential and the River Park Branch
Library zoned "C-1" Commercial , to the south are
single-family homes zoned "A" Residential and to
the west is vacant land and the IUSB parking lot
zoned "B" Residential .
ACCESS: Access to the site will be from 20th Street.
DRAINAGE: The drainage has not been addressed by the
petitioners.
DATA: The total site to be rezoned is 23, 102 square
feet. Of that, the buildings will occupy 4,206
square feet, or 18.20% of the site; the parking
and drives will occupy 12,708 square feet, or 55%
of the site, and 6,188 square feet or 26.80% of
the site will remain as open space.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer made the following comments:
"1. City water and sanitary sewer are
available to the site.
2. Drywells must be used for roof and
parking lot drainage at a rate of 30
gal/100 sq. ft. of impervious surface.
3. Alley vacation must be complete prior to
approval of final site plan. "
The City Building Commissioner made the
following comments:
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"1. Parking must meet all requirements of
Chapter 21-99 and the proper number of
handicap spaces must be provided.
2. We can not determine if the curb cut on
20th Street is new or existing. If new,
must meet all requirements of City
Engineering.
3. This plan crosses (4) lots, used for
offices and adequate off-street parking.
Chapter 21-93, Location of Spaces states
that parking spaces required shall be
located on the same lot or parcel with
the building of use. 21-93 (a) (2)
allows petitioning of the Board of
Zoning Appeals when the parking is not
on the same lot and is within (544` )
from the main entrance of the building.
In this case, BZA will be required. "
STAFF COMMENTS: The Staff makes the following comments:
1. The proposed building does not appear to
meet the required front yard setback in
"A" Height and Area and as such, the
petitioner will need to apply for a
variance to the City Board of Zoning
Appeals for relief.
2. Since the alley is to be vacated for
building expansion, the petitioner needs
to address if there are any easements
within the alley that are being used by
the utility companies or the City of
South Bend that also must be vacated.
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REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA AND APC #1095-87
11^B" RESIDENTIAL, "A" HEIGHT AND AREA
TO: "C" COMMERCIAL, "A" HEIGHT AND AREA
NORTH
CITY ZONING
"A" RESIDENTIAL I I "C-1" COMMERCIAL 'MM
"B" RESIDENTIAL "D" LIGHT INDUSTRIAL 1 1
"C" COMMERCIAL
PETITION AREA
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