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Home My WebLink AboutRezoning - 1710 Edison RoadORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana, October 11, Attest: Attest: 9045-99 19 99 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 11, 19 99 City Clerk Approved and signed by me October 14, 19 99 Mayor ~-L~.,~ ORDINANCE NO, l ~ y S- I AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1710 EDISON ROAD, 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: PARCEL I. That part of the Northeast Quarter of Section 6, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots 28 and 29 of the plat of "Wooded Estates" as shown in Plat Book #16, on pages "W-5" and "W-Sa" in the records of the St. Joseph County, Indiana Recorder's Office. Containing 0.41 acres more or less. Subject to all legal highways restrictions and easements of record. Be and the same is hereby establised as "O" Office 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 1 st READING - ~D'~~~ PUBLIC HEARING ln~~\ ~l~i ~ rd R6ADING ~ p~~\-qy NOT APPROVED REFERRED prQa e~a^" b -t$ ~`~ ~'i~~t~ ~~C ~~~3°~5~~ ~~~9~ ~U~ 2 2 1999 l^rcTT~:J. D4lCl~ CtfYCLERI:, sU. D~:IlJ, Itl. PASShD ~ 0 -t `-~1`~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 48-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1710 EDISON ROAD, 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. Charlotte Pfeifer Chairman Date Filed: Date Received By Area Plan Commission: Application No. I 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: 1710 Edison Road. South Bend, IN 46617 2) Name and address of property owner(s) of the petition site: Tiberius Mihalache 117 S. Main Street Mishawaka, IN 46544 3) Name and address of contingent purchaser(s), if applicable: Not Applicable. 4) It is desired and requested that this property be rezoned from "O" Office District to "O" Office District 5) This rezoning is requested to allow the following use(s): Three rental properties. These will be rented to professionals such as physicians, insurance representatives, etc. 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, 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 may be requested. Signed, .~ Tiberius Mihalache Petitioned prepared by and contact person: Donald Shaum, Jr. Mid-States Construction 53697 CR 9 North Elkhart, IN 46514 (219) 264-9547 J U L 2 ~t 1999 to +~rr:~ ~. c~to~i Date Filed: Application N Date Received By Area Plan Commission: I 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: 1710 Edison Road. South Bend, IN 46617 2) Name and address of property owner(s) of the petition site: Tiberius Mihalache 117 S. Main Street Mishawaka, IN 46544 3) Name and address of contingent purchaser(s), if applicable: Not Applicable. 4) It is desired and requested that this property be rezoned from "O" Office District to "O" Office District 5) This rezoning is requested to allow the following use(s): Original site plan has changed significantly; the building is larger than first planned and there will be more parking area than first planned. Also the building has been moved further back on the lot. 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, 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 plant. 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. Signed Tiberius Mihalache Petitioned prepared by and contact person: Donald Shaum, Jr. Mid-States Construction 53697 CR 9 North Elkhart, IN 46514 (219) 264-9547 .,~ .._ _ _..._ _ ._...._~..u....,~._,_.F ~I~~ ale ~..if~'Sa~~ f~B~E°w ~U~/ 2 2 1999 . Ci'P'fC1CF~:.,4.f1~:l~,i.`:. ~~CE ~9~ ~ S BONDED June 21, 1999 Honorable Members of the City of South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 Re: Rezoning Petition for Tibi Hihalache for property at 1710 Edison Road, South Bend, Indiana. Dear Council Members: Our clients are requesting the Rezoning of their property at 1710 Edison Road, South Bend, Indiana. This property was rezoned in October 27, 1997 (Ordinance # 8835-97) and the Final Site Plan was approved by the Area Plan Commission Staff on February 24, 1999 but changes have been made to the Site Plan and the parking lot. The changes have been made to better serve the customer with more parking spaces. If you have any questions concerning this matter, please feel free to give me a call at 219- 264-9547. Sincerely, Donald Shaum, Jr. Building Consultant IB ~7a~v.+t~ i~G g.JY~i'dv ~~ 2 2 1999 ;.n:,r~ar.~. c~a.^. Corporate Office: 53697 c.r. 9 north • p.o. box 667 elkhart • in 46515 (219) 264-9547 fax (219) 264-9470 • (800) 317-5303 Branch: 1105 n. front street Hiles mi 49120 (616) 683-3380 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 August 18, 1999 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 Tiberius Mihalache to zone from "O" Office to ' O" Office, property located at 1710 Edison Road, City of South Bend - APC #1940-99 Dear Council Members: The above referenced ordinance and site development plan of Tiberius Mihalache was legally advertised August 5, 1999. The Area Plan Commission at its public hearing on August 17, 1999, took the following action: Upon a motion by John McNamara, being seconded by Lew Powell and unanimously carried, the ~ro~osed ordinance and site development plan of Tiberius Mihalache to zone from ' O" Office to 'O' Office, property located at 1710 Edison Road, City of South Bend is sent to the Common Council with an unfavorable recommendation. There >s currently an approved final site plan for this lot showing a smaller office building with eleven parking spaces. Th>IS rezoning would result in the overutilization of this site in a manner that is neither beneficial to the adjacent neighborhood nor good precedent for future development. 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. Since , ~~. o ert . Sante RWS:sr Attachment CC: Tiberius Mihalache CC: Donald Shaum, Jr. T y j ~. e~ R pe ..'i ~ A ,F^ r p F e9~:3.?' 116 tJic:ti W '6..sl9~£:_'o.r Al1G 1 ~ i999 _._..~. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Tiberius Mihalache 1940-99 Location: 1710 Edison Road City of South Bend REQUESTED ACTION: EXISTING LAND USE: STAFF REPORT August 9, 1999 The petitioners are requesting a zone change from "O" Office to "O" Office to allow an office. The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a gas station zoned "C" Commercial, "A" Height & Area; to the east and south are single family homes zoned "A" Residential, "A" Height & Area; and to the west is a restaurant zoned "C" Commercial, "D" Height & Area. ACCESS: Access to the site is from Edison Road. 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 18,358 square feet. Of that, the buildings will occupy 4,648 square feet, or 26 percent of the site; the parking and drives will occupy 6,870 square feet, or 37 percent of the site; and 6,840 square feet or 37 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: Variances from front and rear yard setbacks will be required. This site was zoned to "O" Office in 1997 for a smaller building with less parking. The City Engineer made the following comments: 1. The rear doors and stoops may not encroach within the sewer easement. 2. The exit drive must be right turns only. PRELIMINARY STAFF RECOMMENDATION: ~ .-.,~ l F.: ns~ Zfy i~ ~ ,,. 't 4~~, al.., c r379~s,- ~., .~.._,,..~.~.s ~~~ 1 ~ 199 ....~....~. ~e Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. There is currently an approved final site plan for this lot showing a smaller office building with eleven parking spaces. This rezoning would result in the overutilization of this site in a manner that is neither beneficial to the adjacent neighborhood nor good precedent for future development. uMirs ~ ° . ~ ~ ~ ~~ -~ o°~ ~ o 0 ~ ~~ g Z a o - 0 0 °~ ~~ ~ ~, z r ~ - > o o~a o ,~~ ~ ~ mm ~ ~ ~ J Q mm ~ ~ _ INN ® Gj ~~'~ ED I SON ET I T I ON AREA RD . ® ~ ~ ~~~~o :~ ~°~ m .~ ~ ~ ~ .o ~' O ~ ~ ~~' ~_ ~ o ~ ~ o OAK A ~~ ~, v .~. D R • ~ 'r- ~~ ~,y~ Q P 9~ ~ P~ o HARTMAN DR. 0 0 0 ~ ~ ~ REZONING FROM: '^' ^FFICE T^: '^' ^FFICE PETITI^N AREA SOUTH BEND EXISTING ZONING 'A' RESIDENTIAL ~~ 'B' RESIDENTIAL O ,..._...a., ... __ ~_...._ ~._~ '^' ^FFICE ~~ ~ ~ •,s ~, r. F ., srt, g ,h :~~. ~ APC # 1940-99 `C' COMMERCIAL ~ ; ~°"• °~ ab~ „~~ ~ :~ w,,a _ 'C1' COMMERCIAL (LIMITED) D ST. JOSEPH COUNTY EXISTING ZONING ~~ ~ ~ y' ~ ~ ~~~~ ~ ~ 1 0 0 2 0 0 4 0 0 'A' AGRICULTURAL O '- ~ ° ^ ~ ~' Graphic Scal e