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Home My WebLink AboutRezoning - 1129 South Bend Avenue and 1143 South Bend AvenueORDINANCE No. 9084-00 Passed by the Common Council of the City of South Bend, Indiana February 14, Attest: Attest: 00 ZO Presented by me to the Mayor of the City of Soutlr Bend, Indiana February 16, 20 00 City Clerk President of Common Council City Clerk Approved and signed by me February 17, 20 00 ~cc.e- c~~.-_ Mcryar :~~:..:iivrii3CE'1~10. ~ ~ ~~ ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1129 SOUTH BEND AVENUE AND 1143 SOUTH BEND AVENUE, 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: Lots 54, 55, 90, and 91 as shown on the recorded plat of Hartman & Miller's plat in the office of the Recorder of St. Joseph County, Indiana. be and the same is hereby established as C - Commercial, 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 Comm uncil 1st READING ~'`-~ l31`~9 PUBLIC HEARING 2'~`~'D~ ~ rd READING Z_~`1~a~ NOT APPROVED 1 11 REFERRED ~-w pt~^'~ ``zV\~ PASSEfl 'Z- ~ ~{ -O7f ~Iletl In Clerk's ®f~tce DEG ~ ~ 1999 IOAI'7T.9J. DUDA ~'!TY CLERK, 30. EtEKD, lfd. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 110-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1129 SOUTH BEND AVENUE AND 1143 SOUTH BEND AVENUE, 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 Date Filed Date received by the Area Plan Commission Application No. 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: 1129 South Bend Avenue and 1143 South Bend Avenue 2) Name and address of property owner of the petition site: James and Theresa Sharpe 805 West Edison Road Mishawaka, Indiana 46545 Phone (219) 232-1444 (James work no.) 3) Name and address of contingent purchaser, if applicable: none 4) It is desired and requested that this property be rezoned from a combination of: C - Commercial, a -Height and Area, and B - Business, a -Height and Area To C - Commercial, d -Height and Area S) This rezoning is requested to allow the following use: For the operation of a equipment rental business. 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; (c) six site plans; and (d) addressed, stamped envelopes for all property owners within 300 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 on the submittal of the final site plan maybe requested. ~`ames Sharpe ,% 805 West Edison Road Mishawaka, Indiana 46545 PETITION PREPARED BY: Lang, Feeney & Associates, Inc. Attn. Terance D. Lang 715 South Michigan Street South Bend, Indiana 46601 Phone (219) 233-1841 Theresa Sharpe Filed in Clerk's ®~$Ic~ a (~~~ t '' ~ X999 t ~~~ 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 January 19, 2000 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 James and Theresa Sharpe to zone from "C" Commercial, "E" Height and Area and "B" Residential, "A" Height and Area to "C" Commercial, "D" Height and Area, property located at 1129 and 1143 South Bend Avenue, City of South Bend - APC # 1972-99 Dear Council Members: The above referenced ordinance and site development plan, of James and Theresa Sharpe was legally advertised January_ 5, 2000. The Area Plan Commission at its public hearing on January 18, 2000, took the following action: Upon a motion by Willie Morgan, being seconded by Carl Littrell and unanimously carried, the proposed ordinance and site development flan of James and Theresa Sharpe to zone from "C" Commercial, "E" Height and Area and "B' Residential "A" Height and Area to "C" Commercial, "D" Height and Area, propert located at 1129 and 113 South Bend Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This rezoning would allow for the expansion of the existing business. It is the Comm>ssion's opinion that the rezoning will not have a s><gnificant negative impact on the surrounding area. 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. Si el , ~~ j~~ Robe W. Sante RWS:sr Attachment CC: James and Theresa Sharpe CC: Lang, Feeney & Associates, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT January 10, 2000 James and Theresa Sharpe 1972-99 Location: 1129 and 1143 South Bend Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "E" Height and Area and "B" Residential, "A" Height and Area to "C" Commercial, "D" Height and Area to allow an equipment rental business. EXISTING LAND USE: The property currently contains equipment storage and two vacant lots. SURROUNDING LAND USE AND ZONING: Located to the north and west are single family homes zoned "A" Residential, "A" Height & Area; to the south are businesses and homes zoned "C" Commercial, "D" Height & Area; and to the east are single family homes zoned "B" Residential, "A" Height & Area. ACCESS: Access to the site is from South Bend Avenue and Georgiana 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 42,354 square _T- feet. Of that, the buildings will occupy 8,665 square feet, or 20 percent of the site; the parking and drives will occupy 31,275 square feet, or 74 percent of the site; and 2,415 square feet or 6 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: 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 rezoning would allow for the expansion of the existing business. It is the staff's opinion that the rezoning will not have a significant negative impact on the surrounding area. .. ~ ~ ---r---- J ~ ~ ~ ~ ~ 0 c~~ i i ~ ST. ~~ P o 9~ O z ~ o `1,~ o ~ O ST. VINCENT i -- i i o i ___ i - ST. ~~d T-r- V ~- o, ~ i i ®~ CORBY ~O ~-~ ~ ~ ~ ~~ ~ 1 0 of o 01 ° ~i-~ S ~_ 1~ 6 d HOWARD I I r a i BLVD. REZ^NING FR^M: 'C' C^MMERCIAL, 'E' HEIGHT & AREA & 'B' BUSINESS, 'A' HEIGHT & AREA T^: 'C' C^MMERCIAL, 'D' HEIGHT & AREA PETITI^N AREA S^UTH BEND EXISTING Z^NING 'A' RESIDENTIAL ~~ APC # 1972-99 'B' RESIDENTIAL O 0 100 200 ,.400 'C' COMMERCIAL D `+ `+ ~ , 'D' LIGHT INDUSTRIAL D Graphic S c a l e