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HomeMy WebLinkAboutRezoning - 2004 Edison RoadORDINANCE No. s3~s.~~ Passed by the Comntott Council of the City of South Bend, Indiana Attest: Attest: November 11, 20 02 Ciry Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 13 Z~ 02 Ciry Clerk Approved nttd signed by me November 15, 20 02 ORDINANCE NO. 1 ~ b b - ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 E. EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA BE TT ORDAINED By the Common Council of the City of South Bend, Indiana. SECTION I. Ordinance No. 4990-68, as 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: Lots #12, 13, and'/z of Vacant Alley South of and adjacent said lots located in Wooded Estates South Bend, Indiana. Be and the same is hereby established as "O" Office 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 Common Council 1 st READING ~'I f7~- PUBLIC HEARING 1\-~~ ©~- 3 rd READING 1\_1\~02 NOT APPROVED RE}'l;RRED A-P. ~-R-02- FI~~~;69 ~in++~~a'~ v.~~~6~i~ ~..e. s~~ o ~ zooz LOi;~TT~~i J. DvDA -. CITY ffiLlzr;Es, 39. CaEE3D, E1. PkS~ED l~_1\_p'y~ _ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 69-02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2004 E. EDISON ROAD 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 Application No. Date 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: 2004 E. Edison Road 2) Name and address of property owner of the petition side: Tiberius Mihalache 117 S. Main Street Mishawaka, IN 46544 (574)255-7272 3) Name and address of contingent purchaser (s), if applicable: N/A 4) It is desired and requested that this property be rezoned. From "A" Residential "A" Height and Area To "O" Office Height and Area 5) This rezoning is requested to allow the following use (s): Any use permitted in the "O" Office District. 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 ©six (6) site plans; and (d) address, 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 (I) 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 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 maybe requested. PETITION PREPARED BY: CONTACT PERSON ' Donald Shaum, Jr. Tiberius Mihalache 53697 Co. Rd. 9 North 117 S. Main Street Elkhart,lN 46515 Mishawaka, IN 46564 (574)264-9547 6 l ~ ~• :.P s w.~ -Y ~. .~® .....~. m COTY CLEFS;, ~. i^t.<~:a, :!'a- LIST OF ENVELOPES SENT FOR VARIANCES 18 5148 5534 18 5148 5537 ZAPPIA, JOSEPH D. DAVENPORT JOHN W & CATHERINE M 918 N. DIVISION ST. 1930 E EDISON ROAD 46544 46617 MISHAWAKA, IN SOUTH BEND, IN 18 5148 5533 18 5148 5552 ZAPPIA, JOSEPH M & TINA A. WINTER ALOYSIUS S. & ELAINE P O BOX 6817 1911 OAK PARK DRIVE 46615 46617 SOUTH BEND, IN SOUTH BEND, IN 18 5148 5531 ZAPPIA ANTHONY M. 52582 US 31 NORTH 46615 SOUTH BEND, IN 18 5148 5527 SNYDER RONALD L 1345 N IRONWOOD 46615 SOUTH BEND, IN 18 5148 5556 WYMAN JO ANN 2003 OAK PARK DR 46617 SOUTH BEND, IN 18 5148 5558 MARSHMAN ROBERT 18955 MADISON RD 46614 SOUTH BEND, IN 18-5148 5559 TRAN ROSEMARY & TUYET MAI THI 2101 OAK PARK DR 46616 SOUTH BEND, IN 18 5148 5540 AMBLER GEORGE L & LILLIAN 1912 E EDISON RD 46616 SOUTH BEND, IN 18 5148 5554 SHENENBERGER DUANE J. & MARGIE 1921 OAK PARK DRIVE 46617 SOUTH BEND, IN 18 5148 5555 KOLLARS ANDREA 1927 OAK PARK DR 46617 SOUTH BEND, IN 18 5148 5570 RIGHTLEY MELISSA J & MARC A 1916 E OAK PARK DR 46617 SOUTH BEND, IN 18 5148 5569 WASSENHOVE DIANA 1922 OAK PARK DR 46617 SOUTH BEND, IN 18 5148 5568 PINTER JAMES A & MARGARET A 1323 ROSEMARY LANE 46617 SOUTH BEND, IN 18 5148 5567 ALKATTAN AYMAN 53247 SKYLARK CT 46635 SOUTH BEND, IN 18 5148 5539 18 5148 5566 SERGIO PAUL A. SANTEUSANIO RENATO 1918 EDISON RD 2010 OAK PARK DR 46617 46617 SOUTH BEND, IN SOUTH BEND, IN ~~5~ s1~'i ~°v~dg:e~~ ®~~~C~ ~~p ®~'` Z0~7 ~os';sorre~ ~~:w~~ cmr c~.Etlr., ~~. ~~:.~.~k, s,a~ 24 1001 040601 18 5148 5565 VILLAGE TERRE LIMITED PARTNERSHIP BERNDT JEFFREY M C/O PORTAGE REALTY 2016 OAK PARK DR P O BOX 4017 46617 46634 SOUTH BEND, IN SOUTH BEND, IN 18 5148 5564 24 1001 0421 CATANZARITE MARK A SMOGOR LOUIS E & KLEMENTENE K 2022 OAK PARK DR 2109 E EDISON ROAD 46617 46637 SOUTH BEND, IN SOUTH BEND, IN 18 5148 5562 BUSZKIEWICZ VIRGINIA 615 N IRONWOOD DR 46615 SOUTH BEND, IN 24 1008 0640 JAMBOR ANDREW N & JACQUELINE W 1423 ROSEMARY LANE 46637 SOUTH BEND, IN 24 1008 0641 VARGA JOSEPH & MARY 1415 ROSEMARY LANE 46637 SOUTH BEND, IN 24 1008 0642 PLUNKETT JAMES R & DIANE M 1937 E EDISON RD 46637 SOUTH BEND, IN 24 1008 0643 JAMES ANDREA L 2007 E EDISON ROAD 46637 SOUTH BEND, IN 24 1008 0644 SMITH THOMAS GORDON & MARIKA W 2025 EDISON ROAD 46637 SOUTH BEND, IN i 1~2Cs Eli ~~~6':v'~" ~~~~~~' ti 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 Tiberius Mihalache to zone from "A" Residential, "A" Height and Area to "O" Office, property located at 2004 E. Edison Road, City of South Bend - APC #2171-02 Dear Council Members: The above referenced ordinance and site development flan of Tiberius Mihalache 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 Robert Hawley, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Tiberius Mihalache to zone from "A" Residential, "A" Height and Area to "O" Office : roperty located at 2004 E. Edison Road, Cityy of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. The "O" Office zoning district has permitted uses which are required to be compatible with residential areas and contain development controls to limit its impact on the surrounding residential area. In the Commission's opinion, the "O" Office zoning and allowed uses would be compatible with the residential uses in the areas, as well as, with the other office uses that are located along this portion of Edison Road. 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. Sin a y, o e . S to RWS:sr Attachment CC: Tiberius Mihalache CC: Donald Shaum,Jr. Searing South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT October 7, 2002 Tiberius Mihalache 2171-02 Location: 2004 E. Edison Road City of South Bend REQUESTED ACTION• The petitioners are requesting a zone change fzom "A" Residential, "A" Height and Area to "O" Office to allow uses permitted in the "O" Office District. EXISTING LAND USE• The property currently contains a single-family home. SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes zoned "A" Residential, "A" height and area and a mixed use building zoned "O" Office; to the east is a single-family home and parking lot zoned "C" Commercial, "B" height and area and a commercial business zoned "C" Commercial "A" height and area; to the south are single-family homes zoned "A" Residential, "A" height and area; and to the west across Rosemary Lane is an office zoned "B" Residential, "A" height and area. ACCESS• Access to the site is from both Edison Road and Rosemary Lane. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 19,500 square feet. Of that, the buildings will occupy 5,000 square feet, or 25 percent of the site; the parking and drives will occupy 8,231 square feet, or 42 percent of the site; and 6,269 square feet or 33 percent of the site will remain as open space. 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 has commented that only one driveway opening is necessary for this site, which should be the opening onto Rosemary Lane. The City Engineer will also require a revised drainage plan at the final site plan stage. A petition to rezone this property to "C-1" Commercial received an unfavorable recommendation from the Area Plan Commission in August of 2002, and was subsequently withdrawn. (APC 2155-02) PRELIMINARY STAFF REPORT October 7, 2002 STAFF RECON~IENDATION: 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 "O" Office zoning district has permitted uses which are required to be compatible with residential areas and contain development controls to limit its impact on the surrounding residential area. In the staff's opinion, the "O" Office zoning and allowed uses would be compatible with the residential uses in the areas, as well as, with the other office uses that are located along this portion of Edison Road. ~o~ o °~ ` ~~ _ o oCj `` ~, .~ ~~ R ~°~ .~_~ ~ ti~ ~~~ a ROSE ST. - O ~IRONW000 CIR. ____~ a _ Q°~ D ° °~ ----J--------- u t t ~ i u LN. E ~ ' -- -- tQ I b~ i I ° ~ -- rrs wo ~ -' g ~ O H W 3 O0 RID6EW C IR. c ~ o s - ~ B~ ~~ REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT 8~ AREA, TO: "O" OFFICE SOUTH BEND EXISTING ZONING ~ A RESIDENTIAL O l V "B" RESIDENTIAL ~ APC # 2171-02 "C" COMMERCIAL ~ "C-1" COMMERCIAL DISTRICT O "O" OFFICE DISTRICT D 0 200 40o soo Graphic Scale PETITION AREA ~°~1 ---- ---T---- I I 1 S° ------ ' ' I ~ I I ~ --- ; , I ------ I I > 1 a i 1 ~ I I °~ ..,~-..... 3 r ~ I ~ a -~-~---'~ I I 1 N ~~ i ~ I I II 1 1 I 1 I 11 I I I 1 1 it 1 I ~ ~ ~~ ~~ RD. -`~ ~j ~ ® I 0 '~ o o ----- ~y, ~°d --~ y ~ ~~ ~~d.~ ~~s ~~~i 9~F ..mss I ~ i DR. ------~-- ~. ' o ~ p~~• ~-1 FJ I HARTINAN oR•