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HomeMy WebLinkAbout9725-06 Rezoning PrairieORDINANCE No. 9725-06 Passed by the Common Council of tlae Ciry of Soutlt Bend, Indiana December 11, Attest: Attest: 20 06 Presented by me to the Mayor of the Ciry of South Bend, Indiana December 12, 20 06 Ciry Clerk President of Common Council City Clerk Approved and signed by me December 13 20 0 6 ORDINANCE NO. q, 7 ~S-0~' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1643 AND 1635 PRAIRIE AVE., SOUTH BEND, INDIANA, 46613, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Currently these locations are zoned LB Local Business District and I am looking to have these two properties zoned as CB Community Business District. This location will be used as an Auto Repair Shop. 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: Lot 10 & 11 Noland Add & Lot 1 & 2 Whitcomb & Keller 4th Add. be and the same is hereby established as CB Community Business 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. ~ L Member of the fo on Council Attest: Ci Cle Presented by me to the Mayor of the City of South Bend, Indiana on the (Z-~ day of cevl~s, 2006, at 3 : 3 a o'clock ~.m. ~~ ,~ ~ City Clerk Approved and signed by me on the l~' ~ day o ~ , 2006, at ~`~ /a o'clock ~.m. '~.- Mayor of the Cit f South Bend, Indian 1st READING ~~"L3A~ PUBLIC HEARING L Z'L (~~ [Q S Su~as°~'-~,~'a~ 3rd READING IL~L~~~ Q,S ~~~,~.~~-~`~' NOT APPROVED REFERRED A _Q . t'tt-L3-~~ PASSED ~ Z- t l -c~lo o-J Su`o ~~-~' ~'~~'~ Filcd In ~lr~rk's Ofi#ice NOV - 3 2006 JOHN V0o RBEND, IN. CITY CLirAK, .. ~~t~_~~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 73-06 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1643 AND 1635 PRAIRIE AVE., SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 6, 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 Local Business (LB) and "Community Business (CB)" to "LB Local Business District and "CB Community Business District". Section I Change description to Lot 10 & 11 Noland Add & Lot 1 & 2 Whitcomb &Keller 4th Add. And change Community Business (CB) to "CB Community Business District". Karen L. White Chairperson 10/05/2006 14:04 FAX 9013886137 RED_ROOF_INN 1Q 001/001 Date Fi fed Application No, Dare received by the Area Platt Cotnmis~ion ,X (1ve) the undetsi~tned make applicaiioz~ Ito the Common Caimcil of the Cii}~ of South Bend, Indiana to amend the zoning ordinM1'tnca ~s herein requestcd~ 1)~The property sought to be rezoned is located at: 1643 rrnlrie Avenue South Bend; Indiana 4f 613 lG35 l~ruiricAvenuc South Dcnd; Tndiana46b13 2}Name ~tnd address of property owner(s) of tl~c petition site: Richard Ta. k'ox P.O. L~o~ l 1412 5outli Bend, Indiana 46G34 (674} 274-7224. ~) Name and address Oi' oontingent purcliaser(s), if applicaUle; Ronnie l~iinn~-r ' 921 Al~eld Street South $ettd, Indiana 46614 (6 74) 234-0290 4) It is desired axed requested that this property be rezor-ed From: Local Business Tot Cmm~mnity Business 5) This tCeioning is requested to allow tbt following uso(s): Au bomobile Repair Shop G) Atta.chcsd is s~. capy of (~) legal description of the pruprrt~+; (b) scvcnteEri (1,7) preliminary site pl;ttts; (c) a statement ofpurposr and intent; {d} a list ot'names and addresses of all property ownetx snd the fR.x key numbers for all propeitie9 within 3Q;) feet of the petition prope>ty; and (e) 3ddr,essed, Stomped envelopes for ull property otivnezs within 300 feet of the petition rropcrty (,~ a location map, if available, dTAwn to sca,lc, which inolude5 street names, printed in 8'/:" x 11" fora?at. ' r ~~' Signature(} of All Property o~vnex(s N ~ ar Attorney foz ail property Qtivner(s} 1~ETlTJON PREPARED BY: Darcy Minner 921, Altgeld Street South Bend, Indiana 46614 (374)234-0290 mArcy.minnCr oQsa~e.epm ~i~ed in Clerlg'S ®l~lce OCT - 6 2006 JOHN VOORDE CITY Cl.F.RK, S0. D~:Nt), IN. CONTACT PER5Q1v: (Tf ditT'erent) Ronnie Minncx 92l Altgcld Streit South Bend, Indiana 46614 (574)234-0290 I r 1 C:' ~` .~ ~' ~" ,` t // ~ ~ /J~S ~ r ~ ' ~3 ~ ~ • , ~_l~l~` ~~~ ,~ ~ _S _ 3, N S, ~ ~'-' , ~y ~fl~-~~~~ ~ N~ , ~, ~~~ ~~ ~ Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 November 28, 2006 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Richard D. Fox to zone from "LB" Local Business District to "CB" Community Business District, property located at 1635 and 1643 Prairie Avenue, City of South Bend - APC# 2406-06 Dear Council Members: I hereby Certify that the above referenced ordinance of Richard D. Fox was legally advertised on Thursday, November 16, 2006 and that the Area Plan Commission at its public hearing on Monday, November 27, 2006 took the following action: Upon a motion by John DeLee, being seconded by Phil Sutton and unanimously carried, the proposed ordinance and site development plan of Richard D. Fox to zone from "LB" Local Business District to "CB" Community Business District, property located at 1635 and 1643 Prairie Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. The Rum Village Neighborhood Association supports the rezoning. The rezoning is compatible with the surrounding business and mixed use zones. It allows a vacant building located at the visible intersection of three streets to be redeveloped. The landscape requirements of the Zoning Code will help beautify the paved, unlandscaped site. On August 14, 2006, the Common Council approved a similar rezoning request at the southwest corner of Prairie Avenue and Dorothy Street from LB Local Business District to CB Community Business District to allow a vacant building to be used for an automobile repair business. 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, ~~ ~~ d~'~cGhn W. Byo - JWB:sr Attachment CC: Richard D. Fox, Ronnie Minner o~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2406-06 Owner: Richard D. Fox Location: 1635 and 1643 Prairie Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District to allow an automobile repair shop. Land Uses and Zoning: On site: On site is a vacant building and undeveloped property zoned LB Local Business District. North: To the north is a single family house zoned MU Mixed Use District. East: To the east across Prairie Avenue is a used automobile sales business and undeveloped property zoned LB Local Business District and undeveloped property zoned MF1 Urban Corridor Multifamily District located at the southeast corner of Prairie Avenue and Dubail Avenue. South: To the south across Prairie Avenue is a vacant building zoned LB Local Business District. West: To the west is a single family house zoned LB Local Business District and three single family houses zoned SF2 Single Family and Two Family District. District uses and developr.,ent standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site totals approximately 28,318 square feet, or 0.65 acres. The existing one story vacant building covers approximately 1,200 square feet, or 4.2% of the site. Fifteen parking spaces are shown exceeding the seven required spaces. Off street pazking area screening is shown adjacent to Prairie Avenue as well as evergreen screening along the west property line. Zoning and land use history & trends: On August 14, 2006, the Common Council rezoned the southwest corner of Prairie Avenue and Dorothy Street from LB Local Business District to CB Community Business District to allow a vacant building to be used for an automobile repair business (APC#2383-06). It is located 750 feet southwest of the property currently requesting rezoning. Traffic and transportation considerations: The site is located at the intersection of Prairie Avenue, Dubail Avenue, and Oliver Street. Utilities: The property will be served by water and sewer from the City of South Bend. Additional information: (Agency comments) Although the Rum Village Neighborhood Association supports the rezoning, the Division of Community and Economic Development had concerns about the petitioner being able to meet the Zoning Code requirements in a timely fashion, specifically in establishing the landscaping. Richard D. Fox #2406-06 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Goa12. Objective C: Develop quality business areas to meet the retail and service needs of the planning area. The rezoning is consistent with the Comprehensive Plan economic policy. Plan Implementation/Other Plans: The Rum Village Neighborhood Association support the rezoning. 2. Current conditions and character: The intersection of Prairie Avenue, Dubail Avenue, and Oliver Street is a mixture of automobile . repair and sales, undeveloped property, vacant buildings, and single family houses. 3. Most desirable use: The most desirable land use at the intersection of these three streets is commercial. 4. Conservation of property values: The property values of the adjacent single family houses may not be conserved with the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow appropriate and compatible re-use of vacant buildings. The property was previously used for an automobile-related use. 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: The Rum Village Neighborhood Association supports the rezoning. The rezoning is compatible with the surrounding business and mixed use zones. It allows a vacant building located at the visible intersection of three streets to be redeveloped. The landscape requirements of the Zoning Code will help beautify the paved, unlandscaped site. On August 14, 2006, the Common Council supported a similar rezoning request at the southwest corner of Prairie Avenue and Dorothy Street from LB Local Business District to CB Community Business District to allow a vacant building to be used for an automobile repair business. Richard D. Fox #2406-06 Page 2 of 3 F_ i zr -' i I 1F~ =r ~ ~~~~ ~ ~~_~ ~ ~ ~~~ Indiana Indiana ~ n .tang _ ward ~- u ~ _ _ ~ ~ } _ ~_. - _~ ~. -, , - _~, 1 ~ - ~FZ ~ _ _ - _ ~ ~~ =- ~ - ~ - - ~ i _ ~ LB ~ ~ ~ ~'~. __ _- v ~ ~`•,~' MU ~---~_ a' htU t.8 .-. ~~ I -, AdU ~ MU II I I J i I ~ - --- ~ ~ I F~ u 2 . ~ ~ ~lJt7~ll ()Ui7ali y 4 t ~ r* 1 ,~, I i ` 1 ~` I lEs ~ I 'ti ~. ,„ ` N SF< ~+'~ ~ ~ ~ r~ j L'il ~ ~ ~ 7 ~ ~~ ~ ~ ~ sr~ sF~ s~z s ~ ~ ~2 $F2 i ~~ Bruce 3~L MU REZONING FROM: "LB" LOCAL BUSINESS TO: °CB" COMMUNITY BUSINESS SOUTH BEND AND ST. JOSEPH COUNTY ZONING SOUTH BEND "LB" LOCALBUSINESS SOUTH BEND "LI"LIGHT INDUSTRIAL ~'°" " SOUTH BEND "MF1" MULTI FAMILY RESIDENTIAL SOUTH BEND "MU" MIXED USE ;SOUTH BEND "S F2" SINGLE FAMILY RESIDENTIAL -~- ~-- . ~~~ .: W ~, j,i~ ~- E ~, ,.. . S 1 inch equals 200 feet APC # 2406-06 Richard D. Fox #2406-06 Page 3 of 3 G '1~ Rum Village Neighborhood Association 1031 W Dubail South Bend, In 46613 5'I4-245-6118 October f 1, 2006 Area Plan Conrnission of St Joseph County Marls Lyons 1140 Couniy-City Bufiding 227 W Jefferson Blvd. South Bend, In 46601 RE: Rezoning of fuoperty at 1643 Praide Avenue Dear Area Plan Commission of St Joseph County, ~~4EIYED AREA PLAN COMM. On behalf of the Rorn Vdlage Neigt~orhood Association, I would Eke to exlxess the support of the Rurn Village Neighborhood Association for the rezoning of the properly at 1643 r'~r-airie Avenue from local to community business. Mr. Ronnie Minner has met with the Neighborhood Association to disarss this project. The Assodatrorr is encouraged by the prospect that this eyesore is in the process of being rehabilitated and landscaped. The Assodations confident that the rezoned property wiN be an asset to the neighborhood. The Neighborhood Assodatiart is pleased to have this economic redevelopment in our community. In dosing, the Neighborhood Association urges you to approve Mr. Ronnie Minner's request to r~one the property at 1643 Prairie Ave. Thank you in advance far your favorable consideration. 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W E Prepared by: :, ~, ~r r, St. Joseph County Auditofs Office ~. - i ~' - ~~ i 227 W. Jefferson Blvd. - <,• -2677 '_ .: , ~ c - ~ '' ~ } i 3 South Bend, Indiana 46601 ~ ~~ y .,' ~ ~ .- _. _:.-.. - ~,'' , ' ~ Phone: (574) 235-9463 H 4 ' -v APC # 2406-06 Owner: Richard D. Fox Location: 1635 and 1643 Prairie Avenue Jurisdiction: City of South Bend The Area Plan Commission at its public hearing on Tuesday, November 27, 2006 took the following action: p Upon a motion by ("~0~~ ~~~~ ,being seconded by ~ 1LSu TTDI'U and ~I~~t~(,Il,{~(f~~L~'~Jjy/ carried, the proposed ordinance and site development plan of Ranjan J. Amin to zone from LB Local Business to CB Community Business (City) was sent to the Common Council with a favorable recommendation. The Rum Village Neighborhood Association supports the rezoning. The rezoning is compatible with the surrounding business and mixed use zones. It allows a vacant building located at the visible intersection of three streets to be redeveloped. The landscape requirements of the Zoning Code will help beautify the paved, unlandscaped site. On August 14, 2006, the Common Council supported a similar rezoning request at the southwest corner of Prairie Avenue and Dorothy Street from LB Local Business District to CB Community Business District to allow a vacant building to be used for an auto?robile repair business. 11 ~~~~ ~~~~ ~ ~~ - (,'~ s ~~. ~. .~ ~=' ~~° CQ• ~Iled In Cterk's Offiice raav 2 7 zoos JOHN VOORDE CITY CLERK, S0. BEND, IN.