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HomeMy WebLinkAboutRezoning - 630 East Colfax ORDINANCE No. s. -o~ Passed by the Com»ton Coauzcil of the City of South Bend, Indiana December 9, 20 02 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of Socctlt Bend, Indiana December 11 20 02 Ciry Clerk December 12, Approved and signed by »re 20 02 Maymr ORDINANCE NO. l ~ ~ ~ - ©~. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 EAST COLFAX, SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. 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: The East 60 feet of Lot 151, Original Plat of the Town of Lowell, South Bend, Indiana. SECTION 2. 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. ~~ Member of the Common C ncil 1 st READING PUBLIC HEARING ~?~'~_~Z 3 rd READING lL-0~`OZ NOT APPRa ~_q,0~ REFERREfl A • ~ PASSED ~Z_ ~- ~~- F" ~ t ~ ° ~ ~ t'SS~::t nd ~Sw~av 'A~{r!''3s~ ~~~' ~ ~i 2~~~ CITY CLE~I, a~. f;~l'3~t, l`3, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 73-02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 EAST COLFAX, 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 .;. _ - . Application No. Dated received by the Area Plan Commission 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: 630 East Colfax Avenue, South Bend, IN 46617 Phone: 574-232-4388 2) Name and address of property owner(s) of the petition site: Wightman Petrie Environmental, Inc./Don MacDonell, President 713 South Scott Street, South Bend, IN 46601 Phone: 574-232-4388 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned from "C-1" Commercial, "B" height and area to "C" Commercial, "B" height and area 5) This rezoning is requested to allow the following use(s): Video Production and Single-Family Residential Use 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 maybe 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 final site plan maybe requested. Si tore of 1 Property Owner(s) ,iy1,, L Contact Person: Don MacDonell 713 S. Scott Street, South Bend, IN Phone: 574-232-4388 ,_ 46601 I.ORETT{~J, DtlDA C17YCLEi3I~, E~. 6EPFfl, i'L 2//ig(atonaa ~eaue ~euiKa~aoreeor~at, Sae. 713 S. Scott St. ENVIRONMENTAL, GEOTECHNICAL & MATERIAL TESTING 4703 Chester Drive South Bend, IN 46601 Elkhart, IN 46516 574-232-4388 574-295-3763 Fax 574-232-4333 Fax 574-294-3717 September 4, 2002 Board of Zoning Appeals 205 W. Jefferson Blvd. South Bend, IN 46601 RE: 630 E. COLFAX STREET, SOUTH BEND, INDIANA, REZONING FROM C-1 TO C COMMERCIAL MIXED USE Dear Board Members, Wightman Petrie Environmental, Inc. have applied for rezoning for the above referenced property from C-1 Commercial to C-Commercial zoning designation. Our justification for this designation is as follows: 1. The building tenant wishes to reside and manage a video production company at the location. 2. The surrounding area is primarily residential use, therefore, the zoning change will have no impact on the current area land use. I appreciate your review and consideration in evaluation our submittal. In the event you have any comments or questions feel free to contact me at (574) 232-4388. Sincerely, HTMAN TRIE ENVIRONMENTAL, INC. lZ~~~ Lc Don MacDonell, President Don\ab\C :\DonU etters\col faxrezone.ltr. doc ~.__...______~_ ,.~_..,...~..._.- F r•. 4~ ... )u r f. t ~,_ ,1 ale: w% .. ier,B ,~',:.. ~~ BOARD OF ZONING APPEALS PROPERTY OWNERS LIST PROPERTY OWNER ADDRESS/TAX NUMBER Maurice J. & Patricia Hoban 205 N. St. Louis Blvd., South Bend, IN 46617118 5006 0152 Diocese of Ft. Wayne -South Bend 225 N. Hill St., South Bend, IN 46617!18 5006 0131 Ernest P. & Nancy A. Gatos 618 E. Colfax, South Bend, IN 46617118 5006 016101 William Kiefer 107 N. St. Louis, South Bend, IN 46615/18 5006 016802 David E. Kilma Jr. 22199 Sandyhill Lane, South Bend, IN 46628/18 5006 016801 Mary C. Roemer 616 E. Colfax, South Bend, IN 46601!18 5006 016102 Northern Electric Company, Inc. 116 N. Hill St., South Bend, IN 46617/18 5006 015701 Northern Electric Company, Inc. 116 N. Hill St., South Bend, IN 46617/18 5006 015601 Diocese of Fort Wayne, Inc. 226 N. Hill St., South Bend, IN 46617(18 5006 015001 Betty Ivanovich 104 N. St. Louis Blvd., South Bend, IN 46617/18 5015 050701 Robert L. Miller 2609 Mishawaka Ave., South Bend, IN 46615(18 5015 050401 James & Mary Sue Crimmins 52444 BriarcliffLane, South Bend, IN 46635/18 5015 049801 Denny R Snyder 115 N. St. Louis St., South Bend, IN 46617/18 5006 0167 Valley American Bank & Trust Co. 109 S. St. Louis Blvd., South Bend, IN 46617/18 5006 0171 Bety Ivanovich 619 E. Washington, South Bend, IN 46617/18 5006 0170 William C. &Mattie Sue Degroote 213 Edgewood Lane, LaPorte, IN 46350/18 5006 0169 Northern Electric Co., Inc. 116 N. Hill St., South Bend, 1N 46617/18 5006 0158 Scott J. Oda 129 N. St. Louis St., South Bend, IN 46617/18 5006 0162 Trustee of Harold Nelund 55604 Fir Rd., Mishawka, IN 46545/18 5006 0163 Northern Electric Co., Inc. 121 N. St. Louis St., South Bend, IN 46615/18 5006 0165 Milton A. &Mattie Wares 117 N. St. Louis St., South Bend, IN 46617/18 5006 0166 Kenneth Clearwater 116 S. Hill St., South Bend, IN 46617/18 5015 0506 Union Realty, Inc. 619 Union St., Mishawaka, IN 46544/18 5015 0503 Robert L. Miller 2609 Mishawaka Ave., South Bend, IN 46615/18 5015 0504 Frederick Steven Arndt Jr. 60030 S. Main St., South Bend, IN 46614/18 5015 0503 Tri-Venture, Inc. 15684 SR 23, Granger, IN 46530/18 5015 0502 Theodore L. Schafer 708 E. Colfax, South Bend, IN 46617/18 5015 0501 John Rickman 626 Dowling Blvd., San Leandro, CA 94577/18 5015 0500 Robert L. Frank 240 Rue Deville, South Bend, IN 46615/18 5015 0499 Theodore L. Schafer 708 E. Colfax, South Bend, IN 46617/18 5015 0498 Domus Property Investments LLC 812 E. LaSalle St., South Bend, IN 46617/18 5015 0497 Greg J. & Monica M. Anderson 1224 E. Wayne St., South Bend, IN 46615/18 5015 0514 BOARD OF ZONING APPEALS PROPERTY OWNERS LIST PROPERTY OWNER ADDRESS/TAX NUMBER Scott D. & Joyce Skillern 722 E. Colfax, South Bend, IN 46617/18 5015 0509 Diocese of Fort Wayne -South Bend 211 N. St. Louis St., South Bend, IN 46617/18 5006 0149 Diocese of Fort Wayne -South Bend 226 N. Hill St., South Bend, IN 46617/18 5006 0142 United Health Services of St. Joseph 711 E. Colfax, South Bend, IN 46617/18 5015 0478 Judith K. Hains 125 N. St. Peter, South Bend, IN 46617/18 5015 0512 Donna M. Kane 718 E. Colfax, South Bend, IN 46617/18 5015 0508 Northern Electric Co., Inc. 116 N. Hill St., South Bend, IN 46617/18 5006 0154 Northern Electric Co., Inc. 116 N. Hill St., South Bend, IN 46617/18 5006 0153 " .~ T.:.' ~ r. E ..a. 6u 4~ ~'~26 J~.+ ~ ~ti ~0~~ ~~i1 ct.~.~~.,.: a.~...,,v., ;~ • ~ ~r v~ 11 ' THIS REPORT IS DESIGNEp FOR USfr BY A TIT • LOAN POLICIES. No CORNER MARKERs wERE sET AND TFiE LE INSURANCE COMPANY WITH RESIDENTIAL BASED ON LIMITED ACCURACY MEASUREMENTS. THEREFORE NO SUMED FOR ANY USE OF THIS DATA FOR CONSTRUCTI LOCATION DATA HEREIN IS FENCES, ~ LIA@ILITY WILL BE PROPERTY ADDRESS: 630 EAST COLFAX AVENUE ON OF NEW IMPROVEMENTS OR PROPERTY DESCRIPTION: THE EAST 60 FEET OF LOT t 8 TOWN OF LOWELL, SOUTH BEND, INDIIANA~ P-~T OF THE L ~~. Li.b ~ ~ .1. e_'F, .. 5~~ Q ~? ~o~~ 3 ~! Irk, `r t4.-.. ~.,_e.. ~Bf RJ ~wM.., r~~f. ...-_.. 3 CQLF~AX AV~~v'U~ 82.5' R/W (36,0' WIDE ASPHALT PAVEMENT) ~ __~ Q ~ ~ ~ ~ ~~ ~ l ~ ~ ~ ' ~ e.o. -- ~ ~ ~ ~a ~ _ ~ 151 ~~~6. z~ ~~~ ~ ~~ Q ~ Q _ ~ ~ m ~ '~ ~ a I ' S.0' Z ~ -- --- - -- --- - - --- __ _ ~ ~ Q ~ ~ o ~ ~ 00 ~nalm+l Cn ..I.rr..4 ~~RB M ~ F~ fy ~p . ~~~srE~pF~ F9 o- a ~db.~8CJ41 s~~trs UR o - DENOTES IRON STAKE FOUND AND ~ ~`~~°!hNP'ro~ U5ED TO ESTABLISH PROPERTY LINES ~'~~lyU .S 1fR`!E'~ ~y/urrulrplul;ht THIS AREA IN FLOOD ZONE(S): "C' AS PER FL004 INSURANCE RATE MAP: COMMUNITY -PANEL NUMBER 180231 0004 C MAP REVISED: FEBRUARY 17, t 988 T0: METROPOLITAN TITLE COMPANY, I HEREBY CERTIFY TO THE PARTIES NAMED ABOVE THAT THE REAL ESTATE DESCRIBED HEREIN WAS INSPECTED UNDER MY SUPERvISION ON THE DATE INDICATED AND THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THIS REPORT CGt~lFORMS WITH THE REQUIREMENTS CONTAINED IN SECTIONS 42 THROUGH 44 OF 864 LAC 1.1--13 FOR A SURVEYOR LOCA710N REPORT. THE ACCURACY OF ANY F D HAZARD STATEMENT SHOWN ON THIS REPORT IS SUBJECT TO MAP SCA UN AINTY ANb TO ANY OCHER UNCERTAINTY IN LOCATION OR ELEVATION ON T R FE N ED FLOOD INSURANCE RATE MAP. AUGUST 9 ~,1 X99 _ _ CERTIFICATION DATE EDWAfZp M. FISHE t,.l.s. Np •880041 305 EAST THIRD STREET SCALE GATE OF . P.o. t~ox 23 INSPECTION •1ANp SURVEYING ulsHAwAkA, INDIANA ~s5a-s 1~-3 UG. 6, 1999 SERVICES INC. 2t9 / 25s-e3~~ B00 ~ PAGE JOB N0, ~~ 234-1999 ©~d STZ8L8Z6T<, -lItir I-1~31 SNF1211 Llti c~S: t T 5E_~~_~nd 630 E. Colfax Office Room Dimensions 95 Room in Kitchen 227 Entry Room 206 Front Room 138 Back Room West 110 Back Room East 776 Doorways- Rough Opening 6.0' 9.5' x 10' 12' 10" x 17'9" 16'7" x 12'5" 9.5' x 14'5" 10' x 11' Legal Description: Property Description: THE EAST 60 FEET OF LOT 151, ORIGINAL PLAT OF THE TOWN OF LOWELL, SOUTH BEND, INDIANA Building Height: 12 feet ~~.Q rx~~_~r.~a v. <l. y ~...., aia~ .. FROM :>CC FAX N0. :2192958335 Oct. 10 2002 01:49PM P1 r n 713 S. Scott St. ENVlRONf1RENTAL, Gt:OTEGHNICRL & MATEFt1AL TESTtf~[G South Bend, itJ 4b6o1 574-232-43$$ . fax 574-232-4333 October 10, 2002 Area Plan Commission of St. Joseph County 2 l40 County-City Building . 227 West Jefferson Blvd. South Bend, TN 46601 Attention: John W. Byorni, Assistant Director RE: AFC #2170-02 ~atC. 4703 Chester Drive ElkFlart~ IN' 4657 fi 574-~$5-3763 Fax 574294-377 Z Dear John: Wightman Petrie Enviromnental, lnc. requests that a proposed ordinance ~ and ,site development plan of Don MacDonell to zonc from "C-l" Commercial, "B" .Height and Area to "C" Commercial, "B" Height and Area, property located at 630 E. Colfax Avenue, City of South- APC #2170-02 please be tabled to the next Area Plan Commission public hearing, dated November 19, 2002. If you have any questions or comments, picase call me at 574232-43$8 Sincerely, WIGHTMAN PETRIE ENVIRONMENTAL, INC. bon MacDonell, President DM/kb/c:v~sc;nl~tt~~~~~.r~~.aa ,. .~ ~_ - CgnCt~+~'.. ~. filled in Cierl~`s ~ffece ©~~ ~, ky iooz .. , ~' COR~~J.,~ ~. ~~ ~ . • " ~ ~ - 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 October 16, 2002 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 Don MacDonell to zone from "C-1" Commercial, "B" Height and Area to "C" Commercial, "B" Height and Area, property located at 630 E. Colfax Avenue, City of South Bend - APC #2170-02 Dear Council Members: The above referenced ordinance and site development plan of Don MacDonell was legally advertised October 3, 2002. The Area Plan Commission at its public hearing on October 15, 2002, took the following action: Upon a motion by John DeLee, being seconded b Charlotte Sobel and unanimouslyy carried, the proposed ordinance and site development plan o~Don MacDonell to zone from "C-1" Commercial, "B" Height and Area to "C" Commercial, "B" Height and Area, property located at 630 E. Colfax Avenue, City of South Bend is tabled, at the request of the petitioner, for consideration at the November 19, 2002 Public Hearing of the Area Plan Commission. 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, Robert W. Sante RWS:sr Attachment CC: Don MacDonell Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~~ .. STAFF REPORT October 7, 2002 Don MacDonell 2170-02 Location: 630 E. Colfax Avenue City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C-1" Commercial, "B" Height and Area to "C" Commercial, "B" Height and Area to allow a video production company and residence. EXISTING LAND USE: The property currently contains a vacant office building. SURROUNDING LAND USE AND ZONING: Located to the north across Colfax Avenue is a single-family home zoned "B" Residential, "B" height and area; to the east across St. Louis Avenue is a multi-family dwelling unit and a single-family home zoned "B" Residential, "B" height and area; to the south is a duplex zoned "B" Residential, "B" height and area; and to the west is a mixed use building zoned "C-1" Commercial, "B" height and area. ACCESS: Access to the site is from both Colfax Avenue and St. Louis Avenue. 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 3,960 square feet. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards, wetlands 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. A Special Exception will be necessary for the residential portion of this building if this site is rezoned to "C" Commercial by the Common Council. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be tabled until the November 19, 2002 Area Plan Commission meeting to allow the petitioner time to submit a preliminary site plan that meets all of the requirements of the Zoning Ordinance. I I a ST. LASALLE 111E --- I I I Li I I _~~ --- ___ [_ -- W 'a ~ ................. o o - o p Q°~ '-_~ --- T ~ ®, .~. I II COLFAX ~. AVE. ® ~ I I I I I ® it ~~ ° I I I r __ ~_ - ~~ ~ ~, W W . r~l- ~ -- y ST. WASHINGTON I I I ~ 0~ y I I I I I I --- I ~~ ~ ~ I 0 --D I f :: oao ~ o .. - .....................: ° H ~ - - ~~ I~°~ REZONING FROM: "C-1" COMMERCIAL DISTRICT, "B" HEIGHT 8~ AREA TO: "C" COMMERCIAL, "B" HEIGHT 8~ AREA SOUTH BEND EXISTING ZONING "A3" MIXED USE RESIDENTIAL/ O N COMMERCIAL "B" RESIDENTIAL C~ APC # 2170-02 "C" COMMERCIAL O "C-1" COMMERCIAL DISTRICT O o goo Zoo 400 ~~ Graphic Scale PETITION AREA