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Home My WebLink AboutRezoning - 502 S. Brookfield• ~ ~ ORDINANCE No. 9156-00 Passed by the Common Councit of the City of Soarth Bend, Indiana November 13, Attest: Attest: 00 20 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council NnvPmbPr 14~ 20 00 City Clerk Approved and signed by me November 14, 2p 00 Mayor ORDINANCE NO. 1 I AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 502 S. Brookfield, 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 127 of Summit Place 2nd Addition be and the same is hereby established as "B" Residential District, "d" 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. Member of the Common uncil 1st READING ~-l~-dD PUBLIC HEARING~~.~3~OD ~iSSw-~S~-~~u,~'v-t~( 3 rd READING ~ ~.rt 3 '~a of 5~~, v,~4, t ~.d:•~•s~.~' ~tl~~ NOT APPROVED I REFERRED A- ~ ~ 5 `~ L` D~ PASSED ~t_~'3-O~ qS SU~~S~t~~k.. ~~let~ its CD~r~~'~ ~~i~; SEA 2 ~ 2(101 t ~~ I GITYCLI•T~:, qtr. D~s',D, :,: COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 84-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 502 S. BROOKFIELD 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. Andrew Udj ak Chairman Date Filed Application No. Date received by the Area Plan Commission 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: 502 .S. Brookfield, South Bend, IN 46619 2) Name and address of property owners of the petition site: Richard R. and Janice H. Miller 1735 E. Calvert St. #B South Bend, IN 46613-3512 tel. (219) 233-4924 3) Name and address of contingent purchaser(s) (not applicable) 4) It is desired and requested that this property be rezoned from "C" Commercial, "d" Height and Area to "B" Residential District, "d "Height and Area. 5) This rezoning is requested to allow the following use: to bring the zoning into compliance with the present usage of the property as athree-unit rental instead of the two-unit rental plus store/business usage in the past. This constitutes a less dense utilization of the property site and we have concomitantly submitted a request to the Board of Zoning Appeals of the City of South Bend for a variance from the required 3 parking spaces to 0 spaces. (Copy of the variance request is attached.) 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, we 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 on the submittal of the final site plan may be requested. ~ ~%~ G~~ ~ • %~ ignatures of All Property owners PETITION PREPARED BY: Janice H. Miller 1735 E. Calvert St. #B, South Bend, IN 46613-3512 iril~~ i~ ~i~~i~°~ ~~~i~ Si:'~ 2 ~ ~Q~~ _.~ LpOy ~~a Jqqyy GrLjOa~,,...,. Crnr CLvRF~ ~ v V. F:l;.:tl 45.!~ i i :. --' ~.- Area Plan Commission of St. Joseph County ' - 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 Fax 219 235-9813 October 18, 2000 ~ ~ ~~ The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A pproposed ordinance and site development flan of Richard R. and Janice H. Miller to zone from "C" Commercial, "D" Height and Area to B" Residential, "D" Height and Area, property located at 502 S. Brookfield Street, City of South Bend - APC #2026-00 Dear Council Members: The above referenced ordinance and site development plan of Richard R. and Janice H. Miller was legally advertised October 5, 2000. The Area Plan Commission at its public hearing on October 17, 2000, took the following action: Upon a motion by Dave McKee, being seconded byRobert Hawley and unanimouslyy carried, the proposed ordinance and site developwent plan of Richard R. and Janice H. Miller to zone from C' Commercial, "D" Height and Area to 'B" Residential, "D" Height and Area, property located at 502 S. Brookfield Street, City of South Bend is sent to the Common Council with a favorable recommendation, sub'ect to a final site developwent plan. This ro erty currently contains amulti-family housing unit and is surrounded by single family homes Although, the Commission would not normally encourage "B" Residential zonm~ in a primarily single-family area, it is the Commission's opinion that in this instance, "B" Res><dential is more appropriate for this property than "C" Commercial. The proposed zoning is less intensive than the etnstmg zoning. 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 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. Sin rel ~ )~ l/U ~,~ Ro ert . Sante RWS:sr Attachment CC: Richard R. and Janice H. Miller .,.~. Q (`, T ~ ~ 2Q0~ _....,~_.,~~4. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT October 6, 2000 Richard R. and Janice H. Miller 2026-00 Location: 502 S. Brookfield Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "D" Height and Area to "B" Residential, "D" Height and Area to allow a multi-family use. EXISTING LAND USE: The property currently contains a multi-family use. SURROUNDING LAND USE AND ZONING: Located to the north, south and west are single-family homes zoned "C" Commercial, "D" height and Area; and to the east are single-family homes zoned "B" Residential, "A" height and area. AccESS: Access to the site is from both Huron Street and Brookfield 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 6,150 square feet. 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 a favorable recommendation, subject to a final site plan. This property currently contains a mutli-family housing unit and is surrounded by single family homes. Although, the staff would not normally encourage "B" Residential zoning in a primarily single-family area, it is the staff's opinion that in this instance, "B" Residential is more appropriate for this property than "C" Commercial. The proposed zoning is less intensive than the existing zoning . ..--_-__-- ..,, _ __ __ ....._...._._ ...._.____ ~ol.~ i ~ `oleic t r~~ r o~ WESTERN AVE. N fn (,~(~~ tT L.1 ~ '!' PETITION R\EA ST. HURON O Y N N Y ~ N g ~ ~ Y a FORD J W N ~ H 3 z W Y y U O m f'l n ST. ~~~ -- \\~ P~ tom" P~ ~~~Ro ~`~~~ REZONING FROMI 'C' RESIDENTIAL, 'D' HEIGHT & AREA, TOI 'B' COMMERCIAL, 'D' HEIGHT & AREA SOUTH BEND EXISTING ZONING PETITION AREA 'B' RESIDENTIAL ~~ 'C' COMMERCIAL 'D' LIGHT INDUSTRIAL ~___.~.._~_-.-~..-..--.-s•-~ •-_.-. 'E' HEAVY INDUSTRIAL ~~ ~^ ;-: - ~ , ~ r~c~ ~ __ zao~ ~___.- ~., ..~_ w_ ~. , a~-~,. ,. cs d b s. ~. ,.. 4 APC # 2026-00 o goo zoo 300 600 ~ ~