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Home My WebLink About9412-03 Rezoning 1402 Miami St.ORDINANCE No. Passed by the Common Cor~ncil of the Ciry ofSocrtlr Bend, Indiana April 14, 20 03 Attest: Attest:, Presented by me to the Mayor of the Ciry of Soutlt Bend, Indiana April 15, 20 03 City Clerk President of Common Council City Clerk Approved and signed by me April 16, 20 03 Mayor ORDINANCE NO. ~ ~ I Z - ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1402 MIAMI ST., 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 Irnown 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 24 LEERS 2ND REPEAT be and the same is hereby established as "B" Residential, "E" Height & Area. SECTION II. This ordinance shall be in full force and effect from and after it's passage by the Common Council, approval by the mayor, and legal publication. CC /~j-I Member of the Common Co cil 1st READING !i_~~-Q3 PUBLIC HEARINGy--y'S3 3 rd READING ~-1`(~~ NOT APPROVED REFERRED /~-~~ 2-\0-~3 PASSED y-,.~`{-03 Filed In Cierl•~'~ Offlc~ ~~n ~ ~~ Z003 LOAEITAJ. QUOdI CIYY CLEFI~, tA. t~lr'3). (?l;, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1402 MIAMI 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. Karl King Chairman Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to 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: 1402 Miami St., South Bend, IN 46613 2) Name, address, and phone number of property owner(s) of the petition site: Peter R. Ducharme, 1022 Park Ave., Wauconda, IL 60084 847-526-0748 3) Name, address, and phone number of contingent purchaser(s): Janice Hopkins & Linda Carter, 1246 Echo Dr., South Bend, IN 46614 574-231-8545 4) It is desired and requested that this property be rezoned From "C" Commercial, "E" Height and Area To "B" Residential, "E" Height and Area 5) This rezoning is requested to allow the following use (s): 3 unit residential building 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 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 fmal 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 fmal site plan may be requested. Signature(s) property owner(s) PETITION PREPARED BY: Linda Carter 1246 Echo Dr., South Bend, IN 46614 574-231-8545 or Attorney for property owner(s) CONTACT PERSON: °i{~~ ~~ ~1~~'t~ ~ ~f~iC~ r~~~ o ~ Zoo3 LdA~"f7~d.I3Lua°1 pp~ G17Y C1.~Rn~^s0. ~ arS~'u'D~ ~I'1. Linda Carter 1246 Echo Dr., South Bend, IN 46614 574-231-8545 or 532-0499 cell Lloyd Cheryl Kathleen Michiana C&A Carmen Norma Frank Robert Robert Douglas James F&S Troy Char Mary Murlin TCU/ Almer James Erin Nikki Richard Nardise Richard William Richard John Tadius Daniell John Wilder 1111 Broadway Huff 1114 Broadway Wingent 1116 Broadway Properties 1119 Broadway Housing 1120 Broadway Mahler 1123 Broadway Reuter 1126 Broadway Holtsclaw 1127 Broadway Singleton 1134 Broadway Turnage 1135 Broadway Kline 1138 Broadway Grimm 1142 Broadway Properties 1146 Broadway Kajzer 1150 Broadway Chamberlan 1130 Broadway Davis 1306 Miami Freeze 1312 Miami Current Resident1316 Miami Tuck 1319 Miami Corr 1320 Miami Real Estate 1321 Miami Tompset 1323 Miami Wososki 1326 Miami Goode 1406 Miami Brown 1407 Miami Batteast 1409 Miami Miller 1410 Miami Grich 1414 Miami Borysiak 1417 Miami Hayes 1322 Miami Owens 1425 Miami So. Bend, IN 46613 18-7080-290901 So. Bend, IN 46613 18-7080-2919 So. Bend, IN 46613 18-7080-2920 So. Bend, IN 46613 18-7080-2911 So. Bend, IN 46613 18-7080-2921 So. Bend, 1N 46613 18-7080-2912 So. Bend, IN 46613 18-7080-2922 So. Bend, IN 46613 18-7080-2913 So. Bend, IN 46613 18-7080-2924 So. Bend, IN 46613 18-7080-2915 So. Bend, IN 46613 18-7080-2925 So. Bend, IN 46613 18-7080-2926 So. Bend, IN 46613 18-7080-2927 So. Bend, IN 46613 18-7080-2928 So. Bend, IN 46613 18-7080-2923 So. Bend, IN 46613 18-7080-2903 So. Bend, IN 46613 18-7080-2905 So. Bend, IN 46613 18-7080-2906 So. Bend, IN 46613 18-7010-0395 So. Send, IN 46613 18-7080-2907 So. Bend, IN 46613 18-7010-0394 So. Bend, IN 46613 18-7010-0393 So. Bend, IN 46613 18-7080-2908 So. Bend, IN 46613 18-7080-2908 So. Bend, IN 46613 18-7010-0392 So. Bend, IN 46613 18-7010-0391 So. Bend, IN 46613 18-7080-2918 So. Bend, IN 46613 18-7080-2929 So. Bend, IN 46613 18-7011-0439 So. Bend, IN 46613 18-7080-2931 So. Bend, IN 46613 18-7011-0439 NAMES, ADDRESSES, AND TAX KEY NUMBERS OF ALL PROPERTIES WITHIN 300 FEET OF PETITIONED PROPERTY. PETITIONED PROPERTY: 1402 MIAMI ST., SOUTH BEND IN 46613 LEGAL DESCRIPTION: LOT 24 LEERS 2ND REPEAT TAX KEY #: 18-7080-2916 ~illrl~ lr~ ~i~ri ~~ ~. LO~~:TT@~J. ~tlD,~ ~'tY CL~~~.F.:~.4EPo9. ~w REZONING - PRELIMINARY SITE PLAN REQUIREMENTS Tabulated Data 1. Lot Size is: 40 X 126 2. Proposed land use: Apartment Units 3. Pazking : On street parking 4. Proposed number of Units: 3 5. Proposed land coverage is a) Building is approximately: 34% b) Pazking and drives: N/A-public street parking 6. Floor azea of building by use is apprvx: Apartment Unit 1: 861 sq. ft. (first floor) Apartment Unit 2: 861 sq. ft. (second floor) Apartment Unit 3: 500 sq. ft (3rd floor) Mapped Information to include: 1. Number, type and location of buildings aze:(1) One Residential unit on SE corner of Miami and Broadway, South Bend, IN 2. Building height approximately: 40 Ft. (to be confirmed by Survey) 3. General location of open spaces, landscape planting areas and buffer strips are: Open wrap around porch from N.(Broadway St.) side of unit to it's farthest S. (Miami St.)side of the unit. 2nd floor deck on rear of unit. Fenced back yard. Landscape planting include small shrub plants on front (Miami St.)side of Unit. 4. Pazking is on Broadway street side of the unit. 5. Abutting streets aze: Miami (S) and Broadway (E) 6. There are no on-site drives and roads, except the public streets as mentioned above. 7. Building and parking setbacks as established by city code at the time of original build. • 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 March 19, 2003 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 Peter R. Ducharme to zone from "C" Commercial, "E" Height and Area to "B" Residential, "E" Height and Area, property located at 1402 Miami Street, City of South Bend - APC #2192-03 Dear Council Members: The above referenced ordinance and site development plan of Peter R. Ducharme was legally advertised on March 6, 2003. The Area Plan Commission at its public hearing on March 18, 2003, took the following action: IIpon a motion by Charlotte Sobel, being seconded by Tim Walz and unanimously carried, the proposed ordinance and site development plan of Peter R. Ducharme to zone from "C" Coamtercial, "$" Height and Area to "B" Residential, "8" Height and Area, property located at 1402 Miami Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The building currently exists as a multi-family building. This rezoning will bring the zoning into conformance with the existing land use. 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, t/u• J W. Byorn' RSJ:sr Attachment CC: Peter R. Ducharme CC: Janice Hopkins and Linda Carter Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana /,,;. STAFF REPORT March 10, 2003 Peter R. Ducharme 2192-03 Location: 1402 Miami Street City of South Bend RE VESTED ACTION: The petitioner is requesting a zone change from "C" Commercial, "E" Height and Area to "B" Residential, "E" Height and Area to allow a three-unit residential building. EXISTING LAND USE: The property contains a multi-family residential building. SURROUNDING LAND USE AND ZONING: Located to the north are mixed use buildings and single family homes zoned "C" Commercial, "E" height and area; located to the east are single family homes zoned "B" Residential, "A" height and area; located to the south are single family homes and duplexes zoned "C" Commercial, "E" height and area; located to the west are a mixed use building, duplexes and single faily homes zoned "D" Light Industrial, "E" height and area. ACCESS• Access to the site could be from either the alley or Broadway Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are not available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA• The total site to be rezoned is 5,040 square feet. Of that, the buildings will occupy 1,742 square feet, or 34.5 percent of the site; the parking and drives will occupy 1,260 square feet, or 25 percent of the site; and 2,040 square feet or 40.5 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• The City Engineer will require a drainage plan at the final site plan stage. PRELIMINARY STAFF RECOMMENDATION: 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 plan. The building currently exists as a • multi-family building. This rezoning will bring the zoning into conformance with the existing land use. ~/ o ° o ~c0~ ST ti~q~ ~ ~psc`,o / ~ / / ~'Q / / ~ e7 / // / / / / / / / / R~/ / / ~ <R~qo / // ~,~. / / ~~, ..... I I ~ ~~~ / / ~ ° / BROADWAY AVE. ~- _ I I sM~r I ~ d 0 BROADWAY AVE. - N HANEY ST. w cn ~ ~ I I W - - - Q COMMERCIAL I I Q ~ ~ ~ I ~ ° ~ W F- Z N ~ Q Q ~ Z I /p~I I ~_ INDIANA AVE. ~ °~ ° ~ ~ o I ~ ~o REZONING FROM: "C" COMMERCIAL, "E" HEIGHT & AREA TO: "B" RESIDENTIAL, "E" HEIGHT & AREA SOUTH BEND EXISTING ZONING ~ I A RESIDENTIAL O I ~1 "B" RESIDENTIAL O "C" COMMERCIAL L~ APC # 2192-03 "D" LIGHT INDUSTRIAL O "O" OFFICE O o ~o0 20o aoo "A-1" RESIDENTIAL D Graphic Scaie PETITION AREA