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HomeMy WebLinkAbout03-25 Amending the Zoning Ordinance for Property Located at 4022 Old Cleveland Road ONO PLAN cod County-City Building 4,,f` C ity of South Bend 227 W.Jefferson Blvd. 14005 o z PLAN COMMISSION South Bend,IN 46601 (574) 235-7627 www.southbendin.gov/zoning �Slg8L5rItD U2u December 20, 2024 Honorable Committee Chair Davis Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 RE: 4022 Old Cleveland Road— PC#0240-25 Bianca Tirado City Clerk, South Bend, IN Rezoning and Use Variance Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment and Use Variance at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your January 13, 2025, Council meeting, and set it for public hearing at your January 27, 2025,Council meeting. The petition is tentatively scheduled for public hearing at the January 21, 2025, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone the property from I Industrial District to S2 Suburban Neighborhood District and a Use Variance for a Group Residence If you have any questions, please feel free to contact our office. Sincerely, 1-(a.A.AL, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President Filed in Clerk's Office BILL NO. 03-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A USE VARIANCE FOR PROPERTY LOCATED AT 4022 OLD CLEVELAND ROAD, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from I Industrial District to S2 Suburban Neighborhood 2 District Petitioners desire to rezone the property from I Industrial District to S2 Suburban Neighborhood 2 District and seek a Use Variance for a Group Residence Use. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: Part of the East Half of the Northwest Quarter of Section 28, Township 38 North, Range 2 East, described as follows: Beginning at a point 10 rods West of the Northeast corner of the Northwest Quarter of said Section 28; running thence West along the North line of the Northwest Quarter of said Section 28, a distance of 30 rods; thence South 106 2/3 rods; thence East 30 rods; thence North 106 2/3 rods to the place of beginning. EXCEPTING THEREFROM: A parcel of land being a part of the East Half of the Northwest Quarter of Section 28, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: Commencing at the Northeast corner of the Northwest Quarter of said Section 28; thence South 89°53'05"West along the North line of said Section 28, a distance of 165.00 feet; thence South 00°02'57"West, 1335.29 feet to the point of beginning for this description; thence continuing South 00°02'57"West,445.00 feet to the North line of Airport Industrial Park, Phase III; thence South 89°44'25" West along said North line of Airport Industrial Park, Phase III, 495.97 feet; thence North 00°04'49"East, 445.00 feet; thence North 89°44'25"East,parallel with said North line of Airport Industrial Park, Phase III, 495.73 feet to the place of beginning. Commonly known as 4022 Old Cleveland Rd. 025-1010-0380 be and the same is herby established as S2 Suburban Neighborhood 2 SECTION II. That a Use Variance for a Group Residence is herby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan • contains and lists all conditions, if any, by the Advisory Plan Commission. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2025, at o'clock . m. - 2 - Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana • - 3 - City of South Bend 227 W. Jefferson - Suite 1400S y South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number025-1010-0380 /71-03-28-100-004.000-009 Address:4022 Old Cleveland Owner: CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Legal Description: Filed in Clerk's Office 14.93 Ac S Side Cleveland Rd Beg 165'W Of Ne Cor Nw Sec 28-38-2e Bianca Tirado City Clerk, South Bend, IN Project Summary The intended use of the property is as a location for the Low-Barrier Intake Center that was originally proposed at a property located on N. Bendix Drive. This new proposed location is larger in acreage and better-located for the prospective use. Requested Action Application includes (check all that apply) 0 Rezoning Current District: I Industrial Additional Districts, if applicablE Proposed District S2 Suburban Neighborhood 2 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction;and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: ✓❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1. Use variance for Group Residence 2. Variance from a required building type to no building type. Required Documents ECompleted Application (including Contact Information) Site Plan drawn to scale ✓ Filing Fee ✓ Additional documents as noted above Contact information Property owner(s) of the petition site: Name: CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Address 227 W. Jefferson Blvd South Bend IN 46601 Name. Address Name: Address. Contact Person: Name: Joseph Molnar Address: 227 W. Jefferson Blvd. South Bend IN Phone Number: 574 245 6022 jrmolnar@southbendin.gov E-mail- By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner ss)) ignatures: ...„ _,... ! . IP Olin. 0'real 41 • : i ' . i• : zas ; . 0.' c •- 401i, I L.. III _I I p ..$)166.-, - ..* •,-,, !".._. _ . 11 • .., .1, . • f '-' af -• „. , A • "-iiii • 111 4111P- 4 1 . 1 4. *- . • _ : - ... . .