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HomeMy WebLinkAbout9901-09 Rezoning - 3013 Sample Street - District 6ORDINANCE No. 9901-09 Passed by the Common Council of the City of South Bend, Indiana February 9, Attest: Attest: Presented by me to the Mayor of the Ciry of Sorrth Bend, Indiana February 10, 2009 Ciry Clerk President of Common Council City Clerk Approved and signed by me February 10 , 20 0 9 2009 ~~ Mayer ORDINANCE NO. l ~ ~ ~ ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3013 SAMPLE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned LB Local Business District. The zoning is currently zoned commercial. The request is for is to be changed to SF2 Single Family and Two family District for use as residential. 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 1439 &''/z vacated alley Summit Place 5~' Addition be and the same is hereby established as "SF2" 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. Member of the Common Council City Presented by me to the Mayor of the City of South Bend, Indiana on the ~ ~~~ day of ~'2~r-~e,~- , 2~_, at ~o : y ~ o'clock Q . . m. ,..,, City Clerk Approved and signed by me on the ~ day of .~i' . , 2 ~' o , at Zf .' 30 o'clock m. ~~,- i Mayor, ity of th Bend, Indiana 1st RE~D!NG 1~ ~ ~~ PUELiC f~E/~.F:ING Z`~-~~ 3rd F,EI:©iNG 2-q -~ NOT APPROVED ~il~~ i~t U;=~ _ ~~ ,tc;~t: vcc~ae J~ PASSED Z _ c1 _ ~c~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 86-08 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3013 SAMPLE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 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. Ann Puzzello Chairperson, Committee of the Whole Date Filed 12-2-08 Applications No. 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: 3013 W. Sample Street South Bend, Indiana 46619 2) Name and address of property owner(s) of the petition site: Juan Carlos Mendiola 601 S. Meade Street South Bend, Indiana 46619 574.302.9766 3) Name and address of contingent purchaser(s), if applicable: None 4) It is desired and requested that this property be rezoned from LB Local Business District to SF2 Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): Single Family Dwelling 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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 (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. PETITION PREPARED BY: Juan Carlos Mendiola 601 S. Meade Street South Bend, Indiana 46619 574.302.9766 FiR~d In Cierk'~ Q~#ics DEC - Z 2D08 ,!ONtf VOOftGc CITY C1~ERK, ~0. BEND, !N. _ •cets County Parcels Rec PARCELID NAME 1 TAXMAILADD TAXMAILCIT 018-4050- 1 1852 GARRISON THERESA 821 S CAMDEN ST SOUTH BEND IN 46619 018-4052- EITLER PAUL W AND 2 1925 BERNICE 821 DUNDEE SOUTH BEND IN 46619 018-4050- 3 1851 COLE LETICIA M 53047 ARNOLD ST SOUTH BEND IN 46637-4545 018-4050- 4 1853 DAVIS PALO 822 CAMDEN SOUTH BEND IN 46619 018-4050- KURZHAL THOMAS D & 5 1867 KATHY J 837 S CAMDEN ST SOUTH BEND IN 46619 018-4050- 6 1866 CASTRO FIDEL 842 DUNDEE ST SOUTH BEND IN 46619 •- 018-4050- 7 1868 LITKA CLEM H & LOTTIE B 842 S CAMDEN ST SOUTH BEND IN 46619 018-4052- SHULA JOSEPH E °!o 8 1930 KONSAVICH MICHAEL'PR 1652 N SHERIDAN SOUTH BEND IN 46628 018-8075- SHAPlRO PROPERTIES 9 282404 INDIANA LLC 601 E RED BUD SAINT LOUIS MO 63147 018-8075- SHAPlRO PROPERTIES 10 282401 INDIANA LLC 601 E RED BUD SAINT LOUIS MO 63147 018-8075- CONTECH CONSTRUCTION 9025 CENTRE POINTE 11 2820 PRODUCTS INC DR STE 400 WEST CHESTER OH 45069 018-4107- EDDY FLOYD L & CAROL 3105 WEST SAMPLE 12 395901 SUE EDDY ST SOUTH BEND IN 46619 018-4052- 13 1931 EDDY FLOYD & CAROL 60957 CARRIAGE LN SOUTH BEND IN 46614 018-4052- 14 1932 EDDY FLOYD & CAROL 60957 CARRIAGE LN SOUTH BEND IN 46614 ~ 018-4052- 15 1933 EDDY FLOYD & CAROL 60957 CARRIAGE LN SOUTH BEND IN 46614 018-4050- SHULA JOSEPH E % LOWE 16 187001 GRAY STEELE & DARK PO BOX 773 SMITHVILLE TN 37166 018-4050- 17 1871 CALERO MAGDALENO 3013 W SAMPLE ST SOUTH BEND IN 46619 018-4050- SZKLAREK STANLEY S AND 18 1872 CATHIE L 22377 MADISON RD SOUTH BEND {N 46614 018-4050- 19 1875 DAVIS JEANNETTE PO BOX 3002 SOUTH BEND IN 46619 018-4050- 20 1876 HOLMES THOMAS MICHAEL 2921 W SAMPLE ST SOUTH BEND IN 46619 018-4050- OLEJNICZAK MARTHA G & 21 1877 DELPHINE RICHARDSO 703 ST JOSEPH ST DE PERE WI 54115 018-4050- KURZHAL THOMAS D & 22 1864 KATHY J 837 S CAMDEN ST SOUTH BEND IN 46619 ~ 018-4050- 23 1865 LITKA CLEM H & LOTTIE B 842 S CAMDEN ST SOUTH BEND IN 46619 018-4052- 24 1929 BEELAERT KAREN A 837 DUNDEE SOUTH BEND IN 46619 018-4050- 25 1863 CASTRO FIDEL 842 DUNDEE ST SOUTH BEND IN 46619 018-4052- RICHMOND JOHN AND 26 1928 MAM1E 833 S DUNDEE ST SOUTH BEND IN 46619 018-4050- 27 1860 VANOOTEGHEM A AND ANN 834 S DUNDEE SOUTH BEND IN 46619 018-4050- KURZHAL THOMAS D & 28 1861 KATHY J 833 S CAMDEN ST SOUTH BEND IN 46619 018-4050- 29 1862 HOLMES RICK 834 S CAMDEN ST SOUTH BEND IN 46619 018-4052- 30 1927 IBARRA-DIAZ JESUS 416 WELLINGTON SOUTH BEND IN 46619 018-4050- 31 1857 ANDERSON CHERYL 830 DUNDEE ST SOUTH BEND IN 46619 018-4050- 16380 FAIRFIELD 32 1858 CHACON OSCAR A LANE GRANGER IN 46530 018-4050- 33 1859 REED BEVERLY J 830 CAMDEN ST SOUTH BEND IN 46619 018-4050- 34 1855 FALK DANIEL R MISC 825 S. CAMDEN ST. SOUTH BEND IN 46619 018-4050- 35 1856 PIETRUCHA WILLIAM L 826 S CAMDEN SOUTH BEND IN 46619 018-4050- 36 1854 KUBIAK DONNA J 826 S DUNDEE SOUTH BEND IN 46619 018-4052- NTA PROPERTY 37 1926 MANAGEMENT LLC 201 CONROY RD STERRETT AL 35147 018-4052- OSOWSKI THEOPHIL J AND 38 1924 ELIZABETH L 817 S DUNDEE SOUTH BEND IN 46619 018-4050- 818 SOUTH DUNDEE 39 1848 ADETONA EMMANUEL ST SOUTH BEND IN 46619 ~ 018-4050- 40 1649 ORTIZ ESMERALDA 817 S CAMDEN ST SOUTH BEND IN 46619 L4Lt ~ r ~ fl:"} JQtiN YOORJE CITY CL~;i?C, S0. SEt~D,11V. o~ ~G do h`. ~'~i ~~~ .~. e° ,o, i° .r, ,,r \\ . ~.. ~ ~ - ~ ~ ~~~/~, ~ J ~ ! // % ~7 1 Y ~~ ~_ - -----~ ~.~ r ...... ~ ...... H r. ~!i e s A'\1 P1.7 ~. .P'AihF'n ^~~p~ ~~~ SRC ~::~'il CITY Ci.ERK, St?. ~EP71~, !N. M Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 January 21, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 )ZE: A proposed ordinance of Juan Carlos Mendiola to zone from LB Local Business District to SF2 Single Family and Two Family District, property located at 3013 W. Sample Street, City of South Bend - APC# 2495-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Juan Carlos Mendiola was legally advertised on Thursday, January 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, January 20, 2009 took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of Juan Carlos Mendiola to zone from LB Local Business District to SF2 Single Family and Two Family District, property located at 3013 W. Sample Street, City of South Bend is sent to the Common Council with a favorable recommendation. The existing house was intended for single family purposes and is not suited for a more intense use. It is appropriate to allow the continued use of this house as a residence until a higher and better use identifies this site for expansion. 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, tv ~~r~`^ti` C~~W. Byorni JWB:cn Attachment CC: Juan Carlos Mendiola Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2495-08 Owner: Juan Carlos Mendiola Location: 3013 W. Sample Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to SF2 Single Family and Two Family District to allow a Single Family Dwelling. Land Uses and Zoning: On site: On site is a single family home with a detached garage. North: To the north is a home zoned SF2 Single Family and Two Family District. East: To the east is a business zoned LB Local Business District. South: To the south across Sample is a business zoned GI General Industrial District. West: To the west is a vacant lot zoned LB Local Business District. District uses and development standards: The SF2 District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend 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: A site plan is not required, however, the information provided indicates it is a 6,016 square foot lot with a 1,012 square foot house and 336 square foot garage. Zoning and land use history & trends: This property was zoned D Light Industrial prior to the zoning ordinance and map change in May of 2004. Adjacent properties along Sample Street were rezoned to generally reflect the existing uses. Traffic and transportation considerations: Sample Street has four lanes. Utilities: The site is served by municipal water and sewer. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 H 2.6 Encourage homeowners to maintain their homes. Land Use Plan: City Plan, South Bend Comprehensive Plan, November 2006 LU 2.2 Pursue a mix of land uses along major corridor and other locations identified on the Future Land Use Map. Juan Carlos Mendiola #2495-08 Page 1 of 1 2. Current conditions and character: Sample Street is a diverse corridor. Currently this block contains a single family home and detached garage with a vacant lot to the west and a small business to the east. The block to the west contains small businesses; the block to the east has single family homes, a vacant lot and a small business. Just to the north of this strip is a single family neighborhood. The south side of Sample Street has large industrial businesses. 3. Most desirable use: The most desirable use at this time is to allow the continued use of the house as a residence. 4. Conservation of property values: Surrounding property values should not be affected. 5. Responsible development and growth: It is responsible development and growth to allow a single family home to continue to be used as such. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The existing house was intended for single family purposes and is not suited for a more intense use. It is appropriate to allow the continued use of this house as a residence until a higher and better use identifies this site for expansion. Juan Carlos Mendiola #2495-08 Page 2 of 2