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HomeMy WebLinkAboutRezoning 1018-1020 N. ShermanORDINANCE No. 9375-02 Passed by the Common Council of the City of South Bend, Indiana November 25, Attest: Attest: ~~~ Presented by me to the Mayor of the City of South Bend, Indiana December 2 20 02 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me December 2 Zp02 Mayor 02 20 ORDINANCE NO. 31 S 'O~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1018-1020 NORTH SHERMAN STREET, 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, 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: LOT NUMBERED SEVEN {7} AS SHOWN ON THE RECORDED PLAT OF MUESSEL'S FIRST ADDITION TO THE CITY OF SOUTH BEND be and the same is hereby established as `B" Residential, "A" Height and Area. 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. c_-_ em er of th Common uncil 1st READING ~ _x_02 PUBLIC HEARING ~ ~ -2S -0L 3rd READING ~`,LS'DZ NOT APPROVED REFERRED g - P ~ ~"`~" ~~' PASSED ~,~-Zs-~~. LOF,E.TT~-J.081B.~ CITY CEEEiY, ~O. E~`S~~'~ H"~. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 70-02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1018-1020 NORTH SHERMAN STREET, 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: 1018-1020 North Sherman Street South Bend, Indiana 46616 2) Name and address of property owner(s) of the petition site: Gregory J. Stroupe and Julie N. Stroupe 10212 Shadow Wood Drive Granger, Indiana 46530 (574)674-8064 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area 5) This rezoning is requested to allow the following use(s): Multi-family dwelling unit 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 my 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 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: Gregory J. Stroupe 10212 Shadow Wood Drive Granger, Indiana 46530 (574) 674-8064 S ~~ 3 J 2002 Q!~C~F~iU, ~~. ~~~~d~~ 56d. LOT NUMBERED SEVEN (7) AS SHOWN ON THE RECORDED PLAT OF MUESSEL'S FIRST ADDITION TO THE CITY OF SOUTH BEND LoF~~r~,.~. ~;~a~ cmr c~~~a., ~~. ~~ta~, ~t~~ ~--_ 50' St-1~'R M(~ ~ A~-~Cy «~ ~~~ ~ a~ X002 LO^,~T7s~ d. ~S:D.~ ClTYCL~~N, WS3. ~~6•d~.9~., r Scale 1 inch=l0 feet Legend G=Grass P=Parking Lot L=Landscaped Area W=Sidewalk Tabulated Data 1. Square footage of site is 6400 square feet. Its height is 2 stories. 2. Proposed land use is apartment units. 3. Parking ratio is 1 parking space per unit. There are 4 units and 4 park- ing spaces required and provided. 4. There are four-2 bedroom residential units. 5. Proposed land coverage (% of total land area): a. Building--2114 square feet--33.0% b. Grass area--2196 square feet--34.3% c. Planter area--77 square feet--1.2% d. Paved area (parking and sidewalks)-- 2013 square feet--31.5% 6. Floor area of building by use: a. Apartment units-1992 square feet (first floor) b. Apartment units-1752 square feet (second floor) • Area Plan Commission of St. Joseph County . 1140 County-City Building 227 West Jefferson Blvd. South Bend, {ndiana 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 pproposed ordinance and site development pplan of Gregory J. and Julie N. Stroupe to zone from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at 1018-1020 North Sherman Avenue, City of South Bend - APC #2172-02 Dear Council Members: The above referenced ordinance and site development plan of Gregory J. and Julie N. Stroupe 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 Charlotte Sobel, being seconded by Tim Walz and carried, the proposed ordinance and site development plan of Gregory J. and Julie N. Stroupe to zone from 'A" Residential, A Height and Area to B Residential, A Height and Area, property located at 1018-1020 North Sherman Avenue, City of South Bend is sent to the Common Council with an unfavorable recommendation. Although the intent of this petition is to brieg the existing use of the property into conformance with the Zoning Code, it would circumvent the intent of the neighborhood downzoning to "A" Residential which was approved in November of 1976 for a large portion of the Near Northwest neighborhood. The rezoning was initiated by the Common Council on the behalf of homeowners of the Near Northwest neighborhood to restrict future development to single-family uses in an effort to upgrade and maintain their neighborhood. Like most area-wide rezonings, some properties which were rezoned became legal non-conforming uses and were grandfathered with the intent that eventually the non-conforming use would be phased out. This particular property was zoned "A" Resident>al ~rior to the neighborhood rezoning and remains zoned "A" Residential today. In the Commission s opinion, this property should remain zoned "A" Residential and when the existing multi-family use no longer exists, only those uses allowed in the "A" Residential zoning district will be allowed on the pproperty. The Commission would also point out that there are several other duplexes and multi Tamily structures in the neighborhood which were downzoned in 1976 and for which rezoning to "B" Residential zoning could be sought if this petition is successful. The deliberations of the Area Plan Commission and points considered in amving at the above decision are shown in the minutes of the public heanng, 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. Sinc rel , ~ ~ ~ ~- ~~ ~ ~. ant RWS:sr CC: Gregory J. and Julie Stroupe ~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT October 7, 2002 Gregory J. and Julie N. Stroutae 2172-02 Location: 1018-1020 North Sherman Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area to allow a multi-family dwelling unit. EXISTING LAND USE: The property currently contains a four unit multi-family dwelling structure. SURROUNDING LAND USE AND ZONING: Located to the north, south and west are single-family homes zoned "A" Residential, "A" height and area; and to the east is vacant land and single-family homes zoned "A" Residential, "A" height and area. ACCESS: Access to the site is from Sherman Avenue and associated alleys north and east of the site. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed lay the petitioner. SITE DATA: The total site to be rezoned is 6,400 square feet. Of that, the buildings will occupy 2,191 square feet, or 34 percent of the site; the parking and drives will occupy 2,181 square feet, or 34 percent of the site; and 2,028 square feet or 32 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 present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer has commented that the alley the access is currently uncontrolled, which is in violation of Municipal Code 20-65 and that approval for continuous access from the alley is contingent on the alley being paved. 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 an unfavorable recommendation. Although the intent of this petition is to bring the existing use of the property into conformance with the Zoning Code, it would circumvent the intent of the neighborhood downzoning to "A" Residential which was approved in November of 1976 for a large portion of the Near Northwest neighborhood. The rezoning was initiated by the Common Council on the behalf of homeowners of the Near Northwest neighborhood to restrict future development to single-family uses in an STAFF REPORT October 7, 2002 effort to upgrade and maintain their neighborhood. Like most area-wide rezonings, some properties which were rezoned became legal non-conforming uses and were grandfathered with the intent that eventually the non-conforming use would be phased out. This particular property was zoned "A" Residential prior to the neighborhood rezoning and remains zoned "A" Residential today. In the staff's opinion, this property should remain zoned "A" Residential and when the existing multi-family use no longer exists, only those uses allowed in the "A" Residential zoning district will be allowed on the property. The staff would also point out that there are several other duplexes and multi-family structures in the neighborhood which were downzoned in 1976 and for which rezoning to "B" Residential zoning could be sought if this petition is successful. -- --~ _= E CALIFORNIA _~ -~ i i i iW a AVE. ii ~, ® ,..~ ..~ ~ooo~ , ?~q'p0 QJC O`'- ~°~ W a ' q`F W • 0 ac ° c~ W a 0 v _~ -- a W :::~ .- a ==~F- _~ ~ -- a .. ~ '---.. W i i i W a -- z -- c -- -- v~ -- ~- - a ~ REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT 8~ AREA TO: "B" RESIDENTIAL, "A" HEIGHT & AREA SOUTH BEND EXISTING ZONING ( V "A" RESIDENTIAL D "C" COMMERCIAL O APC # 2172-02 0 100 200 400 PETITION AREA ® "~ Graphic Scale