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Home My WebLink About9424-03 Rezoning 3524 Mishawaka AvenueORDINANCE No. a~a Passed by the Common Council of the City of South Bend, Indiana June 9, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana June 10, 20 03 20 03 City Clerk President of Common Cortncil City Clerk June 10, Approved and signed by me 20 03 Mayor ORDINANCE NO. vl ~ Z~ J ~3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3524 MISHAWAKA AVENUE 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, 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: Legally described as Lot Lettered "B", George V. Schmitt, Jr., Replat of Lots Numbered Two (2), and Three (3), as shown on the recorded Plat of Riverdale, recorded February 27, 1992 in the off ce of the Recorder of St. Joseph County, Indiana as Instrument No. 9206192. 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, approved by the Mayor, and legal publication. r u Member of the Common uncil 1 st READING ~J~ -`-03 PUBLtC HEARING (p-r{-03 3 rd READING ~ .~_ 03 NOT APPROVED REFERRED PASSED (p -~-03 Filed in Cter~'s ~ffi~~ ~~`~~i~# Q ~ ZQQ~ LCRi?TTAJ.OtlDl! CITY CLERIC, SO. ~ G~3. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 28-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3524 MISHAWAKA AVENUE 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 Date Filed: Date received by the Area Plan Commission Application No.: 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: 3524 Mishawaka Avenue, South Bend, Indiana 46615 2) Name and address of property owner(s) of the petition site: Ellen Emerick (Dennis A Emerick -Deceased) 16460 Branchwood Lane Granger, IN 46530 574-277-5153 Handled by: Kenny Gean c/o Emerick & Associates 574-289-6731 3) Name and address of contingent purchaser(s): Patricia G. Hoffman & Howard T. Hoffman DBA P & H Holdings, LLC 3121 Robin Hood Lane South Bend, 1N 46614 574-234-2106 574-299-8118 (Patricia Hoffinan Work Phone) 4) It is desired and requested that this properly be rezoned: From "B" Residential, "A" Height and Area To "C" Commercial, "A" Height and Area 5) This rezoning is requested to allow the following use(s): "Office uses and drive through claims garage." 6) Attached is a copy of (a) the 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 properly; (c) six (6) site plans; and (d) addressed, stamped envelopes for ail 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 and approved by the Area Plan Commission within one (1) yeaz of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one (1) 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. PETITION PREPARED BY: Patricia G. Hoffman 3121 Robin Hood Lane South Bend, IN 46614 574-234-2106 574-299-8118 (Work) filled In Ct~r~z'~ ~ffa~~ ~~ ~~,~ 0 ~ 200 ~orrrr~~. ~aa -- ~ CLER a, ~. ~Ltv~, 68~. Signature of all Property Owners or Attorneys Ellen Emerick (Current) Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 574 235-9571 Fax 574 235-9813 May 21, 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 Ellen Emerick to zone from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3524 Mishawaka Avenue, City of South Bend - APC# 2198-03 Dear Council Members: The above referenced ordinance of Ellen Emerick was legally advertised on Thursday, May 8, 2003. The Area Plan Commission at its public hearing on Tuesday, May 20, 2003, took the following action: Upon a motion by John DeLee, being seconded by Alberta Husband and unanimously carried, the proposed ordinance and site development plan of Ellen Emerick to zone from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3524 Mishawaka Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The site plan shows adequate buffering to adjacent properties and is located close to other commercially zoned properties on Mishawaka Avenue. 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. Sin rel , G!/ obert W. Sante RWS:sr Attachment CC: Patricia G. Hoffman.&-Howard T. Hoffman Ellen Emerick ~~~wl~ X11 ~~~t'E~ ~ ~~$t~;`", ,.,: "~,, Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseiand and St. Joseph County, Indiana ~: STAFF REPORT May 12, 2003 Ellen Emerick 2198-03 Location: 3524 Mishawaka Avenue City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow office uses and a drive through claims garage. EXISTING LAND USE: The property contains an office. SURROUNDING LAND USE AND ZONING: Located to the north is land zoned "B" Residential, "A" height and area, containing mixed use and single family structures. To the east is land zoned "C" Commercial, "E" height and area, containing mixed use and commercial structures. To the south is land zoned "A" Residential, "A" height and area, containing single family dwellings. To the west is land zoned "A" Residential, "A" height and area, and "B" Residential, "A" height and area, containing single family homes. ACCESS• Access to the site is from the east from 36th Street and from the south from the adjacent alley. 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 7,451 square feet. Of that, the buildings will occupy 2,216 square feet, or 29 percent of the site; the parking and drives will occupy 2,412 square feet, or 31 percent of the site; and 2,823 square feet or 40 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, or flood hazard areas are present. The Logan Dump Site is located nearby at Logan Street and the St. Joseph River. 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 development plan. The site plan shows adequate buffering to adjacent properties and is located close to other commercially zoned properties on Mishawaka Avenue. H N WAI~CA ~ ~ PETIT MIS i i i,-^ Y' M M ^ Cr _~LI Nom-, ,~, 51 MI 2 SI MI ~Ql~ W ti./ \"/ O REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT 8~ AREA TO: "C" COMMERCIAL, "A" HEIGHT & AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL O "B" RESIDENTIAL O "C" COMMERCIAL C-~ ApC # 2198-03 "C1" COMMERCIAL C--~ N H N .~~ ~ ~a ~ ~ ~ .~ e B ION AREA AVE. "` O 100 200 400 v~ ~ , Graphic Scale PETITION AREA ST.