The URL can be used to link to this page

Home My WebLink About9757-07 Rezoning 1237 Oakland - District 3ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana June 11, Attest: Attest: .--~ .. 9757-07 20 07 Presented by me to the Mayor of the City of South Bend, Indiana June 12, 07 20 - City Clerk President of Common Council ~ City Clerk Approved and signed by me ~ i ~, n ~ i ~ , 20 pZ_ ~.~ s M ORDINANCE NO. GI ~ 5~ _v AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1237 OAKLAND, SOUTH BEND, IN 46615, COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning of 1237 Oakland Street if SF2 Single Family and Two Family District and we would like to have the zoning changed to OB Office Buffer District in order to expand our current parking lot. 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 115 of Oakland Park Add Ex 2' N Side and N '/2 vacated alley, being the first east/west vacated alley north of Northside Boulevard and lying between Oakland Street & the first north/south alley west of Oakland Street be and the same is hereby established as OB Office Buffer 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. ~- Member of the Can n Council Atte . CI rk Presented by me to the Mayor of the City of South Bend, Indiana on the 1 2~ day of ~ ~ r~ , 2 00~ , at ~ Z '~ tis o'clock ~. m. ~:~ City Clerk Approved and signed by me on the I~~ day of ~-~-~- 2 ~e , at ~ o'clock 7~. m. v ~-,- Mayor, City of uth Bend, Indiana 1 st RENDING l~-"~ PUELIC HEARING ~-l\-~l ~S Su~S~,\~Q~t 3 rd READING ~-\~-p~ GAS S v,~ J~.~~1'~ NOT APPROVED REFE"RED /~~ '~`~~~ PASSED ~, -\\'0 ~ ~S S ~-`'„!; `-~'~'c~`'~-cJ Fiicd In Cier~'s Office i,~AY 1 2007 JOHN VOORDE CITY CLERSR, S0. QEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 18-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1237 OAKLAND, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 3 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 the following: Legal Description: Lot 115 of Oakland Park Add Ex 2' N Side and N '/ vacated alley, being the first east/west vacated alley north of Northside Boulevard and lying between Oakland Street & the First North/south alley west of Oakland Street Ann Puzzello Acting Chairperson Date 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: Address: 1237 Oakland, South Bend, Indiana 46615 Legal Description: Lot 115 of Oakland Park Add Ex 2' N Side and N ~ vacated alley, being the first east/west vacated alley north of Northside Boulevard and lying between Oakland Street & the first north/south alley west of Oakland Street. 2) Name and address of property owner(s) of the petition site: Greater South Bend-Mishawaka Association of Realtors, Inc. 1357 Northside Blvd. South Bend, IN 46615 Phone Number: (574) 289-6378 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned From: SF2 Single Family 2 family District To: OB Office Buffer District 5) This rezoning is requested to allow the following use(s): To expand our parking lot. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all 2. property owners and the tax key numbers for all .properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for 11 property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8'~" X 11"/~ format. Jenn it President o~ Grea r Sout end-Mishawaka Association of Realtors, Inc. PETITION PREPARED BY: Charles R. Stultz, Executive Officer Greater South Bend-Mishawaka Assoc. Of Realtors, Inc. 1357 Northside Blvd. South Bend, IN 46615 Phone: (574) 289-6378 Email: cstultz(a.earthlink.net CONTACT PERSON: Same as above Filsd nl Clcrk's Office ~, ~~,~ ,,:;6i~. ,,, ~~ CITY CL[i~'~, '~;_, Cam' ~N' LEGAL DESCRIPTION OF SUBJECT PROPERTY LOCATED AT 1237 OAKLAND STREET, SOUTH BEND, INDIANA 46615 LOT 115 EX 2' N SIDE AND N'/: VAC ALLEY SO AND ADJ OAKLAND PARK ADD Filed in Cl~rk'~ ®frice I,~AA 2 7 2007 JOHN VOORDE CITY CLEr~lf, 80. EEND, IN. LIST OF PROPERTY OWNERS WITHIN 300' OF PETITION PROPERTY Name & Address TAX KEY # William & Virginia Hewitt 18-6020-0491 1202 S. Emerson Ave. South Bend, IN 46615 Eric Metcalf 18-6020-0492 1206 Emerson Ave. South Bend, IN 46615 Joanna Wagnerowski 18-6020-0493 1210 Emerson South Bend, IN 46615 South Bend Housing Authority 18-6020-0994 501 S. Scott St. South Bend, IN 46613 Reward Homebuyer Inc. 18-6020-0495 1218 Emerson South Bend, IN 46615 Janis Booth 18-6020-0496 169 Hidden Valley Dr. Granger, IN 46530 St. Joseph Valley Building & Construction 18-6020-0497 1345 Northside Blvd. South Bend, IN 46615 Paul & Lucille Rupert 18-6020-0485 1211 Emerson South Bend, IN 46615 Edwards Michael 18-6020-0486 822 E. Irvington South Bend, IN 46614 Indiana Land Trust 30487 18-6020-0487 918 E. Jefferson South Bend, IN 46617 Charles & Patty Vandergrift 18-6021-0546 1202 Oakland South Bend, IN 46615 Oeum Sinath 18-6021-0548 1206 Oakland South Bend, IN 46615 Dawn Neff 18-6021-0549 1210 Oakland South Bend, IN 96615 2. John Przygocki 1214 Oakland St. South Bend, IN 46615 Dennis Michael Stafford 1218 Oakland South Bend, IN 46615 Randy Riggs 1222 Oakland St. South Bend, IN 46615 David & Sherrie Ellis 1226 Oakland South Bend, IN 46615 1232 Oakland St. Trust With David Ws 416 W. Lexington Ave. Elkhart, IN 46516 1232 Oakland St. Trust With David Ws 416 W. Lexington Ave. Elkhart, IN 46516 Alfredo & Blanca Ochoa Rodarte 1201 Oakland St. South Bend, IN 46615 Alfredo & Blanca Ochoa Rodarte 1201 Oakland St. South Bend, IN 46615 Thomas & Karen Hiatt 25842 Grant Rd. South Bend, IN 46619 Debra Gatlin 1221 Oakland Ave South Bend, IN 46615 Debra Gatlin 1221 Oakland Ave . South Bend, IN 46615 Martin & Catherine Pynaert 1225 Oakland St. South Bend, IN 46615 Nancy Taylor 1229 Oakland South Bend, IN 46615 Douglas Streich 1233 Oakland St. South Bend, IN 46615 186021-0550 18-6021-0551 18-6021-0552 18-6021-0553 18-6021-0554 18-6021-0555 18-6020-0501 18-6020-0502 18-6020-0503 18-6020-0504 18-6020-0505 18-6020-0506 18-6020-0507 18-6020-0509 '. 3. Amy Wilson 1237 Clover St. South Bend, IN 46615 James & Sharon Serwatka 1229 Clover St. South Bend, IN 46615 William & Jamie McClean 1215 Clover St South Bend, IN 46615 DLR Properties 59610 Hazel Rd. South Bend, IN 46614 St. Joseph County Bldg. Trade Council 1345 Northside Blvd. South Bend, IN 46615 St. Joseph County Bldg. Trade Council 1345 Northside Blvd. South Bend, IN 46615 St. Joseph County Bldg. Trade Council 1345 Northside Blvd. South Bend, IN 46615 South Bend Mishawaka Bo ard Of Realtors 1357 Northside Blvd. South Bend, IN 46615 Paramount Properties P.O. Box 4464 South Bend, IN 46634 Boys Scouts Of America Northern Indiana 1433 Northside Blvd. South Bend, IN 46615 18-6026-0702 18-6026-0701 18-6026-0700 18-6020-0488 18-6020-0500 18-6020-0498 18-6020-0499 18-6020-0511 18-6021-0556 18-6026-0703 Filed In Cicrk's (3fi~ice l.~QR 2 7 2007 JOtiN VOGRGE CITY CL1:8;1:, S0. L'yF30, IN. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 May 16, 2007 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IlV 46601 RE: A proposed ordinance and site development plan of Greater South Bend-Mishawaka Association of Realtors, Inc. to zone from SF2 Single Family and Two Family District to OB Office Buffer District, property located at 1237 Oakland Street, City of South Bend - APC# 2429-07 Dear Council Members: I hereby Certify that the above referenced ordinance of Greater South Bend-Mishawaka Association of Realtors, Inc. was legally advertised on Saturday, March 3, 2007 and that the Area Plan Commission at its public hearing on Tuesday, May 15, 2007 took the following action: Upon a motion by Robert Hawley, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance and site development plan of Greater South Bend-Mishawaka Association of Realtors, Inc. to zone from SF2 Single Family and Two Family District to OB Office Buffer District, property located at 1237 Oakland Street, City of South Bend is sent to the Common Council with a favorable recommendation. The rezoning will help alleviate the street parking situation in the area by providing additional parking spaces. The additional parking area is compatible with the surrounding office land uses to the south and west. The required landscape screening will help buffer the adjacent residential area. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by 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, ~. n W. Byo JWB:sr Attachment CC: Greater South Bend-Mishawaka Association of Realtors, Inc. Jenny McNeil, President of Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2429-07 Owner: Greater South Bend-Mishawaka Association of Realtors, Inc. Location: 1237 Oakland Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to OB Office Buffer District to allow the expansion of a parking lot. Land Uses and Zoning: On site: On site is a single family house zoned SF2 Single Family and Two Family District. North: To the north are single family houses zoned SF2 Single Family and Two Family District. East: To the east are apartments zoned MF2 High-Density Multifamily District. South: To the south is an office zoned OB Office Buffer District. West: To the west is an office zoned O Office District. District uses and development standards: The "OB" Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-governmental uses. Since the types of permitted uses in the "OB" District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. Site plan description: The site is approximately 0.10 acres. The site will expand the existing parking area for the Greater South Bend -Mishawaka Association of Realtors building. The site will have one access point on Oakland Street. A variance will be required to allow parking within the 15 foot residential buffer yard. Type B Partial Screening is required along the northern property line. Zoning and land use history & trends: The current land use is single family residential. Traffic and transportation considerations: Northside Boulevard and Oakland Street have two Lanes each. Utilities: Municipal sewer and water are available to the site. 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Land Use Policy LU 6: Focus development efforts within the Service Area. The rezoning is consistent with the Comprehensive Plan's Land Use Policy. Greater South Bend-Mishawaka Association of Realtors, Inc. #2429-07 Page 1 of 3 Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use Map identifies the area for medium density residential. The rezoning conflicts with the Comprehensive Plan's Future Land Use Map. 2. Current conditions and character: The site is currently a single family home. 3. Most desirable use: The most desirable use for the site is residential or office. 4. Conservation of property values: The surrounding residential property values may not be conserved with the rezoning. 5. Responsible development and growth: It is responsible development and growth to allow the expansion of existing office uses, where adequate buffering is provided. 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 rezoning will help alleviate the street parking situation in the area, by providing additional parking spaces. The additional parking area is compatible with the surrounding office land uses to the south and west. The required landscape screening will help buffer the adjacent residential area. Greater South Bend-Mishawaka Association of Realtors, Inc. #2429-07 Page 2 of 3 Ruskin Ru•:kin d y 7 J h1U y •' L J ~ ~ o ~ ~ 0 J No,~hs3~e $F 08 0 U 71 O ~'~ U y 0 oB v Rezoning from: "SF2" SINGLE FAMILY & TWO FAMILY to "4B" OFFICE BUFFER Zoning Key WDTX xEx!•8i281xO LE INII ILYa1VJD FNIILY .~~.`~ 80 xTx xEx!•(IiT x0.x4x CO RRIDOxXIxLTx 1A1 X.Y 87 YTX xExl91f2 Np X-l ExBTf LIY LTIIIW ILY 80 xTx xEN! tl!•OIIpExxif Ell BD xTX xEx!•AIY•Y DCED x8E BD xTx xEM!•0.Oil CE ~ UTx xEX!'Lr LX)NT Ix0 x8T11NL r~ ~~ I ~ __ - -J ~-- 4 ~. ICI I. _._.- _ _ ~ -- -- ~~ '~,P~ ~F' ---- ~ I jl ~ - _ C ~ (i ~ o _ r _ m ~ ~~ ~ ----~{I)j ~_~J ~_. -~ Hildreth Hildreth Hiidreth -- r~ 1 y 0 U Ruskin L~ i OB 1 ~ - cf F1 ~- ~ 'FE SF~ A~~ C ~~~ m ~ SrOr~ U W ~ ~...., ~ ,\ O ~ O niF N w e S 1 inch equals 20~ feet APC # 2429-07 Greater South Bend-Mishawaka Association of Realtors, Inc. #2429-07 Page 3 of 3