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Home My WebLink AboutRezoning - 2104 Mishawaka AvenueORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana January 28, Attest: Attest: 20 02 Presented by me to the Mayor of the City of Sout/i Bend, Indiana da~ar~39, 20 _...p2, City Clerk President of Common Cotcncil City Clerk Approved and signed Gy me January 30, 2002 Mayer ORDINANCE NO. \ ~ 02' ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 2104 MISHAWAKA AVENUE 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: PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 3 AND THE NORTH HALF OF A 12 FT. WIDE VACATED ALLEY ADJACENT TO SAID LOT ALL AS SHOWN ON THE PLAT OF "DUNN'S 1ST ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 85 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.16 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL."A" HEIGHT & 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. ~~ MEMBER OF THE 1st READING ~ ~'~ ~L -f-0\ PUBLIC HEARING ~- Z~'02- 3 rd READING I ~ 2.8- 0~-- NOT APPROVED REFERRED ~/~ ~,~, ~ ~ ~ I ~-~\ PASSED 1 - L~ ~ OZ. COUNCIL ... t"ited in Cte~~k'~ ®fft~~ ~, f~ 01~ ..~N_.~ 2p0~ ~; LtlfwrTTAd DUB.; COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 116-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 2104 MISHAWAKA AVENUE 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 DATE RECEIVED BY 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: 2104 MISHAWAKA AVENUE SOUTH BEND, INDIANA 46615 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: PETER & ROSEMARY MAJESKI 54756 BONNIEHILL TRAIL MISHAWAKA, INDIANA 46545 PHONE NUMBER (219) 210-5000. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "B" RESIDENTIAL, "A" HEIGHT & AREA TO "C" COMMERCIAL] "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). MANAGEMENT OFFICE B). 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; (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 MAY BE 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 QAj T~iE SUBMITTAL„ OF „'~iE FINAL SITE PLAN MAY BE REQUESTED. t SIGNED, PETITIONED PREPARED BY ~D CbNTACT PERSON: DANCH, HARNER & AS OCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 ROSEMARY t=lt~e`d to Ct~r~'~ ®ffice ~ € .~ ~._ _._~.._ t, ~ ~40~~ ~ ~ zoos ~ LOfidTTA J. DU~A ClTV C1fiRX, f'~. F3gE~. E'3. LEGAL DESCRIPTION PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 3 AND THE NORTH HALF OF A 12 FT. WIDE VACATED ALLEY ADJACENT TO SAID LOT ALL AS SHOWN ON THE PLAT OF "DUNN'S 1ST ADDITION" AS RECORDED IN PLAT BOOK # 9 ON PAGE # 85 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.16 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Fated in Cleriz'~ ®~fiCe ~~ Q~~ 0 f X009 L `" lo~~rrnr. cure ~_.. g ca~ct,cc.c~~.c~w 1.~. ._~w.:__-._ _. Property Owners Within 300' City of South Bend George D. Hanus George D. Hanus County City Bldg. 333 W. Wacker Dr. Ste.2750 333 W. Wacker Dr. Ste. 2750 South Bend, IN. 46601 Chicago,lL. 60606 Chicago, IL. 60606 Tax Key # 18 6126 451401 Tax Key # 18 6061 2085 Tax Key # 18 6061 2089 Marathon Ashland Petroleum LLC. John D. Bond DDS Joseph L. and Helen D. Janowski 915 S. Ironwood Dr. 539 S. Main 923 S. Ironwood South Bend, IN. 46615 Findlay, OH. 45840 Tax Key # 18 6032 0942 South Bend, IN. 46615 Tax Key # 18 6032 0936 Tax Key # 18 6032 0943 Arthur W. and Shirley A. Hughes Otto and Cora M. Nuss Leon P. Cornett 946 S. Ironwood 7269 Woodmill Ct. 938 S. 21st South Bend, IN. 46615 Avon, 1L. 46123 South Bend, IN. 46615 Tax Key # 18 6032 0944 Tax Key # 18 6032 0945 Tax Key # 18 6027 0753 Linda M. Plasschaert Barbara J. Wojiechowski Ryan E. and Jamian R Oleson 934 21st St. 930 S. 21st 926 21st St. South Bend, IN. 4661 S South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 18 6027 0752 Tax Key # 18 6027 0751 Tax Key # 18 6027 0750 Chingiz and Renada Ragimbekov Peter and Rosemary Majeski Paul M_ and Mari A. Chamberlin 922 S. 21st St. 54756 Bonnethill TR 2112 Mishawaka Ave. South Bend, IN. 46615 Mishawaka, IN. 46544 South Bend, IN. 46615 Tax Key # 18 6027 0749 Tax Key # 18 6027 0747 Tax Key # 18 6027 0746 Paul M. and Mari A. Chamberlin Lloyd and Sharon Kay Goodsell Oscar A. and Barbara E. Pacheco 2112 Mishawaka Ave. 2108 Mishawaka Av. 933 S. 21st South Bend, IN. 46615 South Bend, IN. 46615 ~~ ~~ IN• 46615 Tax Key # 18 6027 074601 Tax Key # 18 6027 0745 Tax Key # 18 6027 0740 Daniel L. and Theresa J. Breen Damian D. Dieter Michael J. and Barbara J. Brubaker 937 S. 21st St. 929 S. 21st St. 925 S. 21st South Bend, IN. 46615 South Bend, IN. 46615 South Bend, IN. 46615 Tax Key # 18 6027 0741 Tax Key # 18 6027 0739 Tax Key # 18 6027 0738 Connie M. Blanford Edward L. and Evelyn B. Kendziorski St. Joseph County Public Library 917 S. 21st St. 122504 Home Campus 122 W. Wayne St. Des Moines, IA 50328 South Bend, IN. 46615 South Bend, IN. 46601 Tax Key # 18 6027 0737 Tax Key # 18 6027 0736 Tax Key # 18 6027 073301 Brad J. A t Calet Partnership y ~ Robert L. Proudfit 930 S. 20th St. 509 N. Calhoun 2002 Mishawaka Ave. South Bend, IN. 46615 Mishawaka,ln. 46545 South Bend, IN. 46615 Tax Key # 18 6022 0589 Tax Key # 18 6022 0588 Tax Key # 18 6022 0573 St. Joseph County Public Library St. Joseph County Public Library James William Metherd 304 S. Main St. 122 W. Wayne St. 918 S. 21st St. South Bend, IN. 46601 South Bend, 1N. 46601 South Bend, 1N. 46615 Tax Key # 18 6022 0574 Tax Key # 18 6022 0575 Tax Key # 18 6027 0748 .~. Flied in Cieriz'~ ~fflce ~~QE'-~ ~ 20C1r ~o~errA ~. our C01'9t CLER'R. saa ®~1~~~ ~v. Ufl~l Danch, F/arner & ~I ssociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Peter & Rosemary Majeski at 2104 Mishawaka Avenue, South Bend, Indiana: Dear Council Members: Our clients are requesting the Rezoning Mishawaka Avenue, .South Bend, Indiana to existing residence and a Management office. the Southeast corner of 21st Street and Mishap Our clients believe the proposed small residence will fit with the existing mixed Mishawaka Avenue. Land Surveyors Professional Engineers Landscape Architects Land Planners November 6, 2001 of their property at 2104 allow for the use of an The property is located at aaka Avenue. office behind the existing uses along this portion of If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch ~ President Danch, Harner & Associates, Inc. File # 010467 Lewp Md Disk # 126 Fiied in Ci®rfz'~ ~fflce ~~60~ ~ ,~ ADO ` ~ LOA3TTdd Dl~°~ Y~ t (~'PY CLL. E~. ~. t:`g- 2422 Vridian Drive, Suite 201 ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 office 219/234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 once 6161471-3010 ^ Fax 616/471-7237 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 219 235-9571 Fax 219 235-9813 December 19, 2001 The Honorable Common Council City of South Bend County City Bldg. - 4th Flaor SouthBend, IN 46601 RED A proposed ordinance and site development plan of.Peterand Rosemary Majeski to zone from B Residential, A Height and Area to C Commercial, A Height and Area, property located at 2104 Mishawaka Avenue, City of South Bend - APC #2115-01 Dear Council Members: The above referenced ordinance and site development lan of Peter and Rosemary Majeski was legally advertised December 6, 2001. The Area Plan commission at its public hearing on December 18, 2001, took the following action: Upon a motion by John DeLee, being seconded b Gary Gilot and unanimously carried, the proposed ordinance and site development plan otyPeter~and Rosemary Majesk>< to zone from "B" Residential, A Height and Area to C Commercial, A Height and Area, property located at 2104 Mishawaka Avenue, City of South Bend is sent to the Common Council witfi a favorable recommendation, subject to a final site development plan. The addition of mixed-use properties are beneficial to and should be encouraged along corridors such as Mishawaka Avenue. Such properties increase the short term viability and long term sustainability of both the individual property and the entire corridor. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearmg, 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 ely, ; G~~ ert . Sante RWS:sr Attachment CC: Peter and Rosemary Majeski CC: Danch, Hamer & Associates {Filed in Cleric's ®~f6ce DEC 2 ~ 2~(-~ ~oa>rrrrA~.a ~~i?~, G1TY6LGRK, ` Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT December 10, 2001 Peter and Rosemary Maieski 2115-01 Location: 2104 Mishawaka Avenue City of South Bend RE UESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a management office and a single-family residential use. EXISTING LAND USE: The property contains a single-family home. SURROUNDING LAND USE AND ZONING: Located to the north across Mishawaka Avenue is Potatwatomi Park and Zoo zoned "A" Residential, "A" height and area; to the east is a single-family home zoned "B" Residential, "A" height and area; to the south are single-family homes zoned "A" Residential, "A" height and area; and to the west across 21st Street is a branch of the St. Joseph County Public Library zoned "C-1" Commercial, "A" height and area. ACCESS: Access to the site is from 21st Street. 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 6,980 square feet. Of that, the buildings will occupy 2,169 square feet, or 31 percent of the site; the parking and drives will occupy 985 square feet, or 14 percent of the site; and 3,826 square feet or 55 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: A Special Exception will be necessary for the residential portion of the building if this site is rezoned to "C"Commercial by the Common Council. Also, rear yard and side yard setback variances will have to be obtained prior to final site plan approval. 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 a favorable recommendation, subject to a final site developement plan. The addition of mixed-use properties are beneficial to and should be encouraged along corridors such as Mishawaka Avenue. Such properties increase the short term viability and long term 1 ~~ POTATWATOMI PARK d~ Z00 ~ °~ PETITION ANEA --~~ MISHAWAKA 0 0 I BLVD. N~~~S,oE o °C AVE. d a WALL ~. a 3 °tl = O~ N N ~~ MISHAWAKA AVE. ~~~ d ~ ®~ ~ G N C r ~ O N O - = pM ~ ~ - O w ~ N N ~ - PLEASANT ST. t!! N ~k REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT ~ At~CA, TO: "C" COMMERCIAL, "A" HEIGHT & AREA SOUTH BEND EXISTING ZONING APC # 21 '15-oi N A RESIDENTIAL O "B" RESIDENTIAL O o loo Zoo soo soo ~~C" COMMERCIAL ~ Graphic Scale PHC PROFESSIONAL ~~ HEALTHCARE pETIT10N AREA , ' YY ' .M SM~ y MM j ~ t ~ ~ .. ~, „ -. I ~ ~ ~ _ 1 j T i Misha~~~aka Ave. .. ~ . ~ . ,.. .. , ~...~. ..~__ - . ~ __._ , .. ;~: . _, , , . p._a r ., -~ ,n ~ ~ _~,. ~ , - ~ ~ ~. -~ €. ~ N ~ ~ ~ >a ` ~ ~' ~- ~ ~ .,~ u~ ,e.~er ~ ~ , ~ ~^ ~, .. ,".. _ _.._ r,`r~.,. '~' -.- t ,~ ~.~ 1 T 'r' _ __ f s Petition Area Looking South 1