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Home My WebLink AboutRezoning - 430 South 26th Street ORDINANCE No. 9207-01 Passed by the Common Council of the City of South Bend, Indiana April 9, Attest: Attest: ~~ 01 20 r Presented by me to the Mayor of the City of Soutli Bend, Indiana April 10. ____ 20 01 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me APRIL 11, 20 01 Mayor ORDINANCE NO. Z 0 ~ ~ O AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 430 SOUTH 26TH 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: A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana, lying North of the right of way of the Grand Trunk Western Railroad, now within and a part of the City of South Bend, Indiana, more particularly described as follows: Commencing at the Northeast corner of said quarter-quarter section; thence South 00°58'30" East, along the East line of said quarter- quarter section 62.5 feet to the North line of Jefferson Boulevard; thence South 90°00'00" West along said North line 1113.07 feet to the East line of 26ei street; thence South 00°02'00" East along said East line 323.00 feet to the place of beginning; thence continuing South 00°02'00" East along said East Line 115.64 feet to a point on the North line of a 15 foot Indiana & Michigan Electric Company easement; thence South 89°46'00" East along said North line 141.50 feet; thence North 00°02'00" West 116.21 feet; thence South 90°00'00" West 141.50 feet to the place of beginning; excepting therefrom a 16 foot public alley being 8 feet either side of a line parallel and 23 feet North of the South line of said tract. 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 Coun it ~~ O 1 1 st READING 2 b~ PUBLIC HEARING ~~ h1 `3 rd READING y ~- NpY APPROVED L Z~--~1 E:EFEP.RED ~'~' pASSEQ 4-q-~~ ~~..,~ ~.~.a ...~_a._._.. . FED 1 ~ 2001 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 17-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 430 SOUTH 26TH 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. Andrew Udj ak Chairman vv}} Rev/i~s~ed 1/92 A lication No. ~C ~ C/"' a Date Filed pp 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: 430 South 26`~ Street, South Bend,1N 46615 2) Name and Address of property owner (s) of the petition site: John and Beverly Leader 3328 Jefferson Square, South Bend, IN 46615 - 219-232-5563 3) Name and Address of contingent purchase(s), if applicable: NIA 4) It is desired and requested that this property be rezoned from "B" Residential, B Height and Area to "O" Office 5) This rezoning is requested to allow the following use (s): Office related ie, real estate 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 may be approved subject to the submittal of a final site plan. A fmal 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 and indicated on the petition within one year following the approval of the fmal site plan. Failure to submit a final site plan or obtain a buildin 'thin the specified time period, causes the zoning of the petitioned property revert to th initial zonin classification. Under certain conditions, a time extension on the submittal of fmal site plan may b req e . / Signatur , (s) of al~per~q Own s (s) ~ jr ~oj ~ ~ tv+~r/~ T. Leader, Owner ~$everly W. PETITION PREPARED BY: John T. Leader, 3328 Jefferson Square, South Bend, (219)232-5563 Revised 3/1/01 Filed in Cierii's 4ffiG~ ~~~~~ Q ~ 200 L03l~TTA J. CtlDl~ GD7'Y GLfsFX, tl~l. ~%~ Vii. 4. '~ , _ _ _ ___ I ..,--- ~ ",~ _ ~ - ~_ ~~ ~" r, .~ ~ ~ -~ __~_ x x x ~_~ 'x x _--- '' ' ,/ ~~ i i ~~~ y ~~ ~~ FAG ~/G . _ _ ` ~... _.. W . . - ~ -- _~~ ti~_,~ ` ~~~ -~_ i .~ ~~ '1j . .~ ~1 J .~ '~. \. ';~ ~ ~ ~ ~ I _h~ V i i l ~ ' - I ' Y~- ~ --~- -_ t. - ~ I - --~~ct-.: ~ =-- -- ___ -- a~n_ ~ou~,~ 2~~ ~~,-r-__ - ,. .. - ,._a -_..__ -- oct.J - ~ vanr : .: 1 - A ®° 5...,s,~.p.~...,....»,.-~.,.,,-....o ........... _. .. .. 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 March 21, 2001 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601' Fax 219 235-9813 RE; A proposed ordinance and site development plan of John and Beverly Leader to zone from B Residential, B Height and Area to O Office, property located at 430 South 26th Street, City of South Bend - APC #{2062-O1 Dear Council Members: The above referenced ordinance and site development plan of John and Beverly Leader was legally advertised March 8, 2001. The Area Plan Commission at its public hearing on March 20, 2001, took the following action: Upon a motion by John McNamara, being seconded by Lloyd Taylor and carried the proposed ordinance and site developpment plan of John and Beverly Leader to zone from "B;' Residential, "B" Height and Area to "O" Office, property located at 430 South 26th Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan 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 r ly~ ~2'/ ~(/ - Robert W. Sant RWS:sr Attachment CC: John and Beverly Leader CC: John T. Leader Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT March 12, 2001 John and Beverly Leader 2062-O1 Location: 430 South 26th Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "B" Height and Area to "O" Office to allow an office use. EXISTING LAND USE: The property currently contains a duplex. SURROUNDING LAND USE AND ZONING: Located to the north and east are duplxes zoned "B" Residential, "B" height and area; to the south is the G.T.W. Railroad, and to the west across 26th Street is an apartment complex zoned "B" Residential, "B" height and area. ACCESS: Access to the site is from 26th Street. 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 16,363 square feet. Of that, the buildings will occupy 1,688 square feet, or 10 percent of the site; the parking and drives will occupy 1,200 square feet, or 7 percent of the site; and 13,475 square feet or 83 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 will require a drainage plan at the final site plan stage. 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. It is the staff's opinion that the office zoning and use would be an intrusion into the existing residential neighborhood. The "O" Office zoning district is designed to buffer residential uses from commercial uses. In this case t_he residential neighborhood needs no buffering since the immediate surrounding uses are residential uses. d 0 MARSHALL u O W I 11 ~ X JEFFERSON RAILROAD r N ST. O y P~v ~ tp N = ~ Qf N el.w. I~ ~ ~' V~ ~ I ~ "' ~ ~' N ~ O T N ~ N r ~~1. ~A ~ N ~ ~ ~ ~ _ _ ~ ~ _ SVNN~EDe a~~sle~q I I I / PETITION AREA RAILROAD n ~: N ST. ~ ~ N ~ az N N N N FEZ^NING FR^M: 'B' RESIDENTIAL, 'B' HEIGHT & AREA, T^: '^' OFFICE ~ I PETITI^N AREA ® , v SOUTH BEND EXISTING ZONING APC # 2062-01 'A' RESIDENTIAL ~ 'B' RESIDENTIAL ~ ° 10° 200 300 600 Gropnit Scde