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HomeMy WebLinkAboutRezoning - 416 Western Avenue & 501 W. South StreetORDINANCE No. 10359 -15 Passed by the Common Council of the City of South Bend, Indiana Attest: JOHN May 11, 20 15 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 12, 20 15 Approved and signed by me z 20 City Clerk Mayer ORDINANCE NO. o3Sj AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 WESTERN AVENUE AND 501 W. SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Portions of Lots 1 and 2 of the recently recorded subdivision of Coveleski Park contain small areas of mixed use (MU) and General Business (GB) Zoning. The request is to change these areas to Central Business District (CBD) as the remainder of the Plat consists of. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is 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: Portions of Lots 1 and 2 of Coveleski Park Minor Subdivision as recorded in the Office of the Recorder being more particularly described as follows: Beginning at the Northwest Corner of Lot 2 of said Coveleski Park; Thence North 890 21' 34 ", East 427.71 feet along the North line of said Lot 2; Thence South 01 ° 01' 04" East 385.87 feet: Thence North 76° 41' 50" West 306.60 feet; Thence South 890 16'22" West 129.54 feet to the East boundary of Williams Street; Thence North 01' 12'58" West 312.20 feet along said East boundary to the point of beginning and containing 3.31 acres, more or less. be and the same is hereby established as CBD Central Business 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. Attest: C -" City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the L day of 2 011', at [[(,3r o'clock Q m. (,u ity Clerk Approved and signed by me on the day of , 2 00— , at 3� o'clock -- . m. 1st READING PUBLIC HEARING 3 rd READING S- NOT APPRQVw REVERRO �' 3 PASSED F _ a15 i L— I CITt'CLuI TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 16 -15 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 416 WESTERN AVENUE AND 501 W. SOUTH STREET, COUNCILMANIC DISTRICT NO. 2 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. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole PETITION TO REZONE City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Area south of Western Ave., east of William St., west of Lafayette Blvd. and north of Covelski stadium. 2) The property Tax Key Number(s) is /are: 18- 3014 -0515 & 18 -3014- 051501 3) Name and address of property owner(s) of the petition site: City of South Bend Department of Community Investment 227 W Jefferson Blvd.. Ste. 1400S South Bend, IN 46601 (574) 235 -9371 drelos@southbendin.gov Name and address of additional property owners, if applicable: City of South Bend Parks Department 321 E Walter Street South Bend, IN 46614 (574) 299 -3482 pstclair@southbeiidin.gov 4) Name and address of contingent purchaser(s), if applicable: Name and address of additional property owners, if applicable: 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District GB General Business District To: CBD Central Business District 6) This rezoning is requested to allow the following use(s): Those as allowed in Central Business District 7) Attached, and made a part of this PETITION, is: (a) 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; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Jones Petrie Rafinski Mikel Currier 412 S Lafayette Blvd South Bend, IN 46601 (574) 232 -4388 mcurrier@jprlsource.com of X11 pro erty oWer(s), or signature of Attorney for all property owner(s): Filed in Clerk's Office Jsas�iu tf�: a CITY CLERK, GO23 N WEND, N i ) 00 m N y r J v '`' 1- `' O N rn MLLIAMS STREET OO ISO OD ° N01'12'58 "W — N01412'58 "W 250.64' _ -- – D "E 5rrE0 1'06 1158.32' I o ur 4. z W00 ICI n cn o rn =o < a; J J lrr, N r ll L 1 m I- - -I- - r r I O N I I I, r. 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Uul 133J15 NJU.Y1 f _I iI Area Plan Commission of St. Joseph County 1140 County -City Bldg 227 W Jefferson Blvd South Bend, IN 46601 Attention: Angela Smith Engineering • Planning • GIS • Landscape Architecture Surveying • Environmental • Renewable Energy • Architecture March 4, 2015 RE: COVELESKI PARK SUBDIVISION REZONE Dear Angela: I have enclosed the following below listed items for the rezoning of portions of Lots 1 and 2 of Coveleski Park Minor Subdivision: • The original signed ordinance • A copy of the signed ordinance • A check in the amount of $100 made out to the City of South Bend. • A check in the amount of $440 made out the Area Plan Commission • Seventeen (17) copies of the support data sheet for Coveleski Park Minor Sub • Seventeen (17) copies of a sketch illustrating the portion of the plat to be rezoned • One (1) copy of a map illustrating the requested 300' buffer around parcels to be rezoned • One (1) set of all properties within the 300' buffer i 8 addressed envelopes to the property owner's within 300' buffer zone. Should you have any questions or need further information regarding this matter, please do not hesitate to call me at 574- 232 -4388. Sincere! , Mi el Currier, PS Project Manager Enclosures HA2014 Projects\2014 -5157 Coveleski Park Replat\SUR\corres\2015- 03-05 Area Plan zoning submittal.doc- Filets in Clerk's Office' :LMAR ett u 5 201 f _'ti`.fiJr3 .c.5Fft5 a� ' °iM1i'°tt`i$'�yj. J �I°dn. it I)W ' a t11Y6 C LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith D,'." Di-L'[ AREA PLAN COMMISSION OF ST- JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD Wednesday, April 22, 2015 ROOM 1140 COUNTY -CITY BUILD[ The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 41 �! atae <� JOl�„ CITY CLERK, SO UM M BEND, IN (S74) 235 -9571 RE: A proposed ordinance of The City of South Bend Department of Community Investment and the City of South Bend Parks Department to zone from MU Mixed Use District and GB General Business District to CBD Central Business District, property located at 416 Western Avenue and 501 W. South Street, City of South Bend - APC# 2738 -15. Dear Council Members: I hereby Certify that the above referenced ordinance of The City of South Bend Department of Community Investment and was legally advertised on Thursday, April 09, 2015 and that the Area Plan Commission at its public hearing on Tuesday, April 21, 2015 took the following action: Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, the proposed ordinance of The City of South Bend Department of Community Investment and the City of South Bend Parks Department to zone from MU Mixed Use District and GB General Business District to CBD Central Business District, property located at 416 Western Avenue and 501 W. South Street, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The City continues to support the development and redevelopment of downtown properties. Zoning these properties to the same zoning classification as the surrounding properties will encourage compatible development opportunities. 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. Sincere, Lawrence P. Magliozzi Attachment CC: The City of South Bend Department of Community Investment Jones Petrie Rafinski City of South Bend Parks Department SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND w .$Tj OS ERHCOU NTY� N DIANA. C ONi A REAP LAN Staff Report 4/10/2015 APC # 2738 -15 Owner: The City of South Bend Department of Community Investment Location: 416 Western Avenue and 501 W. South Street Jurisdiction: City of South Bend Public Hearing Date: 4/21/2015 Requested Action: The petitioner is requesting a zone change from MU Mixed Use District and GB General Business District to CBD Central Business District. Land Uses and Zoning: On site: On site is a portion of Four Winds Field, a retail store, a parking lot, and a vacant commercial building. North: To the north across Western Avenue is the VA clinic zoned GB General Business and CBD Central Business District. East: To the east is land used in conjunction with Four Winds Field zoned CBD Central Business District. South: To the south is Four Winds Field stadium zoned CBD Central Business District. West: To the west across William Street is a multi- family structure and a commercial building zoned MU Mixed Use and GB General Business. District Uses and Development Standards: The CBD Central Business District is established to promote the development of the downtown region of the City of South Bend as a center for trade, finance, government, high density residential and entertainment districts within St. Joseph County and north central Indiana. The regulations of this district are intended to encourage high density, mid - rise and high rise developments which may include a mixture of compatible urban uses. The development standards in this district, while designed to provide for high density development, also encourage a pedestrian friendly environment supportive of urban residential developments, retail, restaurant, theater and similar business and cultural uses associated with major metropolitan areas. Site Plan Description: The area being rezoned is a portion of the larger Four Winds Field at Coveleski Park. The Cub Den retail store and another commercial building currently exist on the site, as well as a portion of the stadium that contains the Tiki Hut and the Fun Zone. No new structures are proposed at this time. The remainder of the site is parking and open space. Zoning and Land Use History And Trends: In 2007 the City acquired the former Sears Building and GatesToyota property to allow for the expansion of Coveleski Stadium. Traffic and Transportation Considerations: Western Avenue and William Street have two lanes plus on- street parking. Utilities: This site is served by municipal water and sewer. APC # 2738 -15 Page 1 of 2 Staff Report Agency Comments: The County Surveyor, City Engineer, and Department of Community Investment recommend approval. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: 4/10/2015 The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006) Objective AC 3: Establish downtown South Bend as a destination for arts and culture within a multi -state region. Land Use Plan: The future land use map identifies this area as Commercial (Office & Retail) and Central Business District. Plan Implementation /Other Plans: There are no other plans for this area. 2. Current Conditions and Character: The area immediately around the site has been developed for uses that support the use and enjoyment of the baseball stadium, including other uses compatible with the CBD District. 3. Most Desirable Use: The most desirable use for the land is one that supports the existing uses and developments in the downtown area. 4. Conservation of Property Values: Due to the fact that the use of the property will not change, surrounding property values should not be affected. 5. Responsible Development And Growth: It is responsible development and growth to zone the property CBD Central Business District in order to make it compatible with surrounding properties. Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing, staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: The City continues to support the development and redevelopment of downtown properties. Zoning these properties to the same zoning classification as the surrounding properties will encourage compatible development opportunities. APC # 2738 -15 Page 2 of 2