HomeMy WebLinkAboutRezoning - 1205 & 1151 Hickory Road ORDINANCE No . 10396-15
Passed by the Common Council of the City of South Bend,Indiana
November 9, 2015
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Attest: Al VCC G-(/ City Clerk
JOHN VOORDE
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 10, 20 15
City Clerk
JOHN VOORD
Approved and signed by me I v '1ZJ D21 I O / 20 1 5
Mayor
ORDINANCE NO. 10 3q10-t. c
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1205 AND 1151 HICKORY ROAD, COUNCILMANIC DISTRICT NO. 4
IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Zoning from 0 Office District to SF1 Single Family & Two Family District to allow the
properties to remain as Single Family Homes
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:
Lot 633 & the N. 35' of Lot 632 of McKinley Terrace Sec B
be and the same is hereby established as SF1 Single Family/Two Family 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.
all111111■,„,
Member of the Common Council
Attest:
4k if L
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
t 0 day of Noam 6 - , 2 Di( , at t ' 33 o'clock e_ . m.
0 City Clerk
Approved and signed by me on the l �F6 day of Not eMd ei , 2 015 , at
5C0 o'clock p . m.
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Mayor, ' y � 'cuth Bend, Indiana
Filed In
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
47-15 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1205 AND 1151 HICKORY
ROAD, COUNCILMANIC DISTRICT NO. 4 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 as a substitute with no
recommendation due to a lack of a quorum.
This bill was heard by the Zoning and 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.
I) The property sought to be rezoned is located at: 1205 AND 1151 HICKORY ROAD
2) The property Tax Key Number(s) is/are: 018-5186-7180, 018-5186-718001
3) Name and address of property owner(s)of the petition site:
CONERSTONE HOMES, LLC
15404 HUNTING RIDGE TRAIL
GRANGER, IN 46530
(574)286-9666
ERIC @CREG.IO
Name and address of additional property owners, if applicable:
CHERYLL J. BOREN
1205 HICKORY ROAD
SOUTH BEND, IN 46615
4) Name and address of contingent purchaser(s),if applicable:
ZACHARY CURL
1151 HICKORY ROAD
SOUTH BEND, IN 46615
(574)298-6527
ZCURL @OUTLOOK.COM
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: 0 Office District Additional zoning district, if applicable
To: SF1 Single Family Two Family District
6) This rezoning is requested to allow the following use(s): SINGLE FAMILY RESIDENCES
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:
ERIC DENIGER Filed 71 i 'Mite
15404 HUNTING RIDGE TRAIL
GRANGER, IN 46530
(574)286-9666 ;_) C, 1 1015
ERIC @CREG.IO
Signat . )J)o .erty owner(s),or signature of Attorney for all property owner(s): Jg tae �� LI
CITY CLERK,SGID'a!i J�ND,IN
/ //if F4- '
Filed in ( eff'.'s Ctgic - ;
SEP 01 2015
JOHN =r>=
CITY CLE R;e, -;."±i"i n i3 gilts,sP
Area Plan Commission of St. Joseph County, IN
1140 County-City Bldg.,227 W.Jefferson Blvd.South Bend,IN 46601
(574)235-9571 www.stjosephcountyindiana.comfareaplan.
INSTRUCTIONS FOR REZONING
City of South Bend, IN
FOR: SFI AND SF2 SINGLE FAMILY & TWO FAMILY DISTRICTS
Submittal Deadline and Place of Filing: 12:00 Noon, City Clerk's Office, 4th Floor of the County-City
Building, on the Wednesday before the FIRST Council meeting
of the month.
Submittal Documentation
PETITION and ORDINANCE forms are available from the Area Plan Commission office,or on the Commission's website.
(The ARC websile has form-enabled documents).
I. PETITION.An original and one copy,typed on 8 1/2"x I I"paper.
2. ORDINANCE.An original and one copy,typed on 8 1/2"x 11"paper.
3. A list of the names and addresses of all property owners,and the property tax key numbers, for all properties within
300 feet of the petition property.
4. Stamped,business-size envelopes,addressed to all property owners within 300 feet of the petition property. Do not
put a return address.The Commission will place its own on the envelope.
5. Filing Fees:Cash,check, or money order payable to the Area Plan Commission and City of South Bend in the amount
prescribed in the Fee Schedule available from the Area Plan Commission office,or on the Commission's website.
6. Any other documentation that may be required by the Commission to make an informed decision.
General Outline of Procedures
A. The staff of the Area Plan Commission will make every effort to assist you as you prepare the Ordinance and Petition. For
any questions regarding filling out the forms,or the rezoning procedure,please contact the Commission staff.
B. During the review by the Commission staff,additional information, clarification,or corrections may be requested.
Changes are submitted directly to the Commission.
C. It is important to note that the petition will not be set for a public hearing until all required documentation,clarifications,
or corrections are submitted prior to the publication of the legal ad. It is the responsibility of you or your representative to
respond in a timely manner.
D. Once a petition is set to be heard,you or your representative must post signs on the property at least ten(10)days prior to
the Area Plan Commission's public hearing,and again at least ten(10)days prior to the Council's public hearing.The signs
must be posted in a conspicuous place on the property for which the rezoning is sought.These signs are available at the
Area Plan Commission office after the first Tuesday of the month at a cost of$5.00 per sign.You will be notified on how
many signs will be required,and when they will be ready for pick-up.
Press TAB to complete the attached Ordinance and Petition.
LAWRENCE P. MAGLIOZZI
C EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235-9571
Wednesday,October 21,2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend,IN 46601
RE: A proposed ordinance of Cornerstone Homes to zone from 0 Office District to SF 1 Single Family&Two
Family District,property located at 1151 and 1205 Hickory Road,City of South Bend-APC#2754-15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Cornerstone Homes was legally advertised on Thursday,
October 08,2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20,2015 took the
following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried,a proposed
ordinance of Cornerstone Homes to zone from 0 Office District to SF1 Single Family&Two Family
District,property located at 1151 and 1205 Hickory Road, City of South Bend, is sent to the Common
Council with a FAVORABLE recommendation. Since these homes were never converted into office
uses,allowing them to rezone back to a residential district will allow them to continue to be used as
residences and be in conformance with the zoning ordinance.
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 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 hearing,and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
V .
Lawrence P. Magliozzi
Attachment
CC: Cornerstone Homes
Cheryll J. Boren
Zachary Curl
Cornerstone Homes C/O Eric Deniger
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W WW.ST3 0 SE P H CO U N T VI N OI A N A.C O M/A REAPLAN
Staff Report 10/7/2015
APC # 2754-15
Owner: Cornerstone Homes
Location: 1151 and 1205 Hickory Road
Jurisdiction: City of South Bend
Public Hearing Date: 10/20/2015
Requested Action:
The petitioner is requesting a zone change from 0 Office District to SF1 Single Family&
Two Family District.
Land Uses and Zoning:
On site: On site are two existing single family homes.
North: To the north are single family homes zoned SFI Single Family& Two
Family District.
East: To the east across Hickory Road is a dentist office in the City of
Mishawaka.
South: To the south is a single family home zoned 0 Office District.
West: To the west are single family homes zoned SFI Single Family& Two
Family District.
District Uses and Development Standards:
The SF 1 District is established to protect, promote and maintain the development of single
family dwellings and two family dwellings as well as to provide for limited public and
institutional uses that are compatible with an urban residential neighborhood. The
availability of public facilities (e.g., public water, public sanitary sewer, storm sewer,
natural gas, electricity,telephone, etc.) is required for development within this district.
Site Plan Description:
Rezonings and petitions to SF1 Single Family&Two Family District do not require a site
plan.
Zoning and Land Use History And Trends:
In 2009, these homes, along with the house to the immediate south were rezoned from SF1
Single Family&Two Family District to 0 Office District. All three homes have remained
in use as single family residences.
The west side of Hickory between Catalpa and Corby Boulevard rezoned to 0 Office
District between 1989 and 2009.
Traffic and Transportation Considerations:
Hickory Road has four lanes.
Utilities:
This site is served by municipal sewer and water.
APC # 2754-15 Page 1 of 3
Staff Report 10/7/2015
Agency Comments:
County Surveyor recommends approval. City Engineer recommends approval, but makes
the following comments: surface water connections to the sanitary sewer should be
severed, if applicable; building should connect to municipal utilities, if not already
connected; hard surface pavement should be provided for driveways; the existing curb cuts
should be utilized for access, with no additional openings; shrubbery at sidewalk should
be trimmed to provide sightlines to pedestrians.
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:
This rezoning petition is consistent with City Plan, South Bend Comprehensive Plan
(November 2006): Objective H: Policy 2.6: Encourage homeowners to maintain their
homes.
Land Use Plan:
The Future Land Use Map identifies this area as mixed use.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
Hickory Road is a commercial corridor with a mix of uses. Hickory Road, between Corby
Boulevard and Rexford Drive, has developed predominantly with office-type uses.
3. Most Desirable Use:
The most desirable use for this site is one that is compatible with the low-impact mixed-
use character of the area.
4. Conservation of Property Values:
Due to the nature of single and two family homes,adjacent property values should not be
adversely affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow these homes to rezone back to a
residential district.
Staff Comments:
The staff has no additional comments.
Recommendation:
Based on information available prior to the public hearing,the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation.
APC # 2754-15 Page 2 of 3
Staff Report 10/7/2015
Analysis:
Since these homes were never converted into office uses, allowing them to rezone back to
a residential district will allow them to continue to be used as residences and be in
conformance with the zoning ordinance.
APC # 2754-15 Page 3 of 3