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HomeMy WebLinkAbout9914-09 Rezoning - 2013 Ford Street - 6th DistrictORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana April 13, Attest: Attest: Presented by me to the Mayor of the Ciry of Sorrth Bend, Indiana April 14, JO. Approved and signed by me April 15 , 20 4 9 ~~ ~~-_ 2009 City Clerk Mayer 2009 City Clerk President of Common Council ORDINANCE NO. -l~ ~ ~ V ~ 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2013 FORD ST., SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning is SF2. The new zoning will be MU. The reason for the zone change request is that we want to establish a convenience store for the local community; easy and convenient to travel to and buy snacks, pay a bill or even get a home cooked meal for carry out. 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: Commonly know as 2013 Ford St. South Bend, IN 46619. Legal Description: Commencing at the southeast corner of Lot #252 of Summit Place 2"d Addition Subdivision; thence west 50' +/-; thence north 19' +/-; thence east 21' +/-; thence north 21' +/-; thence east 29' +/-; thence south 40' +/- to the point of beginning. be and the same is hereby established as MU Mixed Use 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 ommon Council Attest: C Cle Presented by me to the Mayor of the .City of South Bend, Indiana on the t`~X~r~ day of r~ , 2_GO~ , at C ~ `°~ o'clock a . . m. City Clerk Approved and signed by me on the ~~ ~ day of , 2 F.~~ , at ~ •' o o'clock ~. m. Mayor, City of th Bend, Indiana 1 st READING ~ ~ I~,- o~ PUSLlC HEAPING ~- ~ 3 -fit r(,SSu-~S-~-<~u~G~ 3 rd READWG ~_t3 _~~ ~X.S Sub 5~-. ~rct.~n~ NOT APPROVED REFERRED `~ ,~ ~S Scx~S~~C4~ PASSED ~- Filed In Cl~e~'~ Ciffice ~nr~~~ ~ ~ 2009 SGH+I ~gpRgEND, IN. C1'TY CLER!{, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 01-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2013 FORD ST., 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 as substituted by a change in the legal description. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission 12-12-08 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: 2013 Ford St. South Bend, IN 46619 2) Name and address of property owner(s) of the petition site: Yakira Mcleod / Shelia Stroud 1134 Beale St. South Bend, 1N 46616 / 1746 N. Olive St. South Bend, IN 46628 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from: SF2 Single Family and Two Family District to: MU Mixed Use District 5) This rezoning is requested to allow the following use(s): We are seeking to establish a local convenience store, that is easy to travel to and convenient for the community. 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 properly; and (e) addressed, stamped envelopes for ail properly 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. o~c F ~ 2oaa Application No x x 'el=f, IyC.:; ..~.,;,{~ IaSSI®a~ rig ~~ ~ _ ~~ iyE s ~.~ E ~o w /~~ S~L t PETITION PREPARED BY: CONTACT PERSON: (If different) Yakira Mcleod, 1 574-SSA-$~~~-' ~,1 8 S - ~ avr~~ S~ ~i{~:~ !~ Ci~r ' ~ Q~fice F E 9 1 3 2009 J01'N 6'OORDE CITY Ci.F.RK, SD. BEND, !N. D ~ C 1 2 2008 JOIN t'QORDE CITY CI.Er~({, aC. EEND, !N. t ~.r± Q S`y ~~ f ~~ Total area: 2,000 square feet Proposed land usage: convenience store Parking spaces required: 5; Parking spaces provided:2 Buildings: 1,277 square feet 63.85% Parking: 475 square feet 23.75% Open Space: 248 square feet 12.40% Building height: One story File In Cl~r'~'s G~~ic~ DEC 1 2 ~~~'~~ JOIZtJ V00 sGE CITY CLE~,h, ~C. BE"d7, Its. P ~ S convenience Store My sister and I have always longed to carryon our mothers dream Of one day owning and establishing our own business. We have prayed And believed that our prayers would be answered. That day came!!! We believe that 2013 Ford St. can make the west side community a better And safer place in the city of South Bend. We are working together with Oliver Davis of 6th district council to help us meet the needs of the west side community. How can we make this happen? First we have to change the zoning from SF2 to MU as soon as possible. Next we have to go out into the community and let them know that we want to be there local convenience store, allowing them quick and easy access to a local mart where they can pay bills, get snacks, a home cooked meal made with love, as well as buy a nice shirt for a decent price. In short all we are asking for is a chance to prove to the city and community of South Bend that there can be unity, and that if someone somewhere gives us a chance we can achieve the American dream! (If you have any questions or concerns please feel free to contact me any time or your local city council.) (574) 520-8477 Yakira Mcleod/ Shelia Stroud (Owner) (574) X235-5986 Oliver Davis 6~ district council (We thank you in advance for your time and look forward To working with you to enhance our community.) FI{Ot: ICZ ~101'Ei'8 G~f;ce ,~ ~~~n DtC 1 ~. ~~~~ Ja'~?I'IC~~F'~~E CITY Ci.F::::~', C. Er1iD; IN. Sincerely , Yakira Mcleod and Shelia Stroud 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 March 18, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Yakira Mcleod & Sheila Stroud to zone from SF2 Single Family and Two Family District to MU Mixed Use District, property located at 2013 Ford Street, City of South Bend, as tabled - APC# 2496-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Yakira Mcleod & Sheila Stroud was legally advertised on Thursday, February 5, 2009 and that the Area Plan Commission at its public hearing on Tuesday, March 17, 2009 took the following action: Upon a motion by John McNamara, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Yakira Mcleod & Sheila Stroud to zone from SF2 Single Family and Two Family District to MU Mixed Use District, property located at 2013 Ford Street, City of South Bend is sent to the Common Council with a favorable recommendation. The commission would not normally support Mixed Use zoning in the middle of a residential azea. However, in this case, the commercial building exists and there is mixed use zoning throughout the azea. The conversion of this building to a residential use could be difficult and the building is still desirable for a small, neighborhood oriented business. The rezoning could result in a positive investment in the neighborhood. 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, C~~ w ohn W.Byo i JWB jsc Attachment CC: Yakira Mcleod & Sheila Stroud James Kowalski Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2496-08 Owner: Yakira Mcleod & Sheila Stroud Location: 2013 Ford Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF2 Single Family and Two Family District to MU Mixed Use District to allow a convenience store. Land Uses and Zoning: On site: On site is a commercial building on the same lot as a home and detached garage. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a vacant lot and single family homes zoned SF2 Single Family and Two Family District. South: To the south are single family homes and a parking lot zoned SF2 Single Family and Two Family District. West: Directly to the west is the single family home and garage on the same lot. To the west across Warren Street is the South Bend Democratic Club zoned MU Mixed Use District. District uses and development standards: The MU Mixed Use District is established to promote the development of the a dense urban village environment. The regulations aze intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. Site plan description: The area to be rezoned is 1,559 squaze feet. There is one existing 836 squaze foot building which takes up 53.6% of the site. The two parking spaces provided consist of 475 square feet or 30.5% of the site. There is 248 square feet or 15.9% open space. The access is from Ford Street. Zoning and land use history & trends: Prior to the adoption of the current zoning ordinance and map, this property was zoned C Commercial. Traffic and transportation considerations: Both Ford Street and Warren Street have two lanes each. Additional information: (Agency comments) The City's Community Development Department has expressed some concerns about the proposed rezoning, noting the City Plan calls for this area to be medium density residential. The Department does recognize that the existing structure was built as a commercial structure and that there aze Mixed Use zoned structures sprinkled throughout the area, and therefore indicates that the rezoning may be acceptable if only the eastern feet (the actual building) is rezoned. The City Engineer has an unfavorable recommendation because the pazking area will require that vehicles back into Ford Street at an intersection. Yakira Mcleod & Sheila Stroud #2496-08 Page 1 of 1 5 Criteria (per IC 36-7-4603): 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 In favor: ED 1.2 Encourage reuses of abandoned and underutilized land and structures. ED 7.1 Partner with and support the efforts of community, neighborhood, faith-based, and business organizations to stimulate neighborhood-based businesses. Land Use Plan: The site under rezoning is listed at medium density residential, but there are mixed use land uses identified to the west and the southeast. 2. Current conditions and character: The area is a single family neighborhood, however, there are several non-residential uses and zoning districts within a one block radius of the site. 3. Most desirable use: The most desirable use is to allow the adaptive reuse of an existing commercial structure. 4. Conservation of property values: The surrounding property value may be negatively affected by commercial but could also be negatively affected by a deteriorating building. 5. Responsible development and growth: It is responsible development and growth to allow the adaptive reuse of an existing commercial building. 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 staff would not normally support Mixed Use zoning in the middle of a residential azea .However, in this case, the commercial building exists and there is mixed use zoning throughout the azea. The conversion of this building to a residential use could be difficult and the building is still desirable for a small, neighborhood oriented business. The rezoning could result in a positive investment in the neighborhood. Yakira Mcleod & Sheila Stroud #2496-08 Page 2 of 2 d _H •L R v ro a a 's a Huron c a~ L L 3 ~.I ~. a c~ Ford Rezoning from: "SF2" SINGLE FAMILY ~ TWO FAMILY DISTRICT to "MU" MIXED USE DISTRICT Zoning Key SOUTH BEND "S F2" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRI ~--^-v ~ SOUTH BEND "MU"MIXED USE DISTRICT as w Y 0 0 L m N W E s 1 inch equals 192 feet APC # 2496-08