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HomeMy WebLinkAbout9915-09 Rezoning - 1032 Wayne - 4th DistrictORDINANCE No. ss~ Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana April 14, 20 09 City Clerk ~esident of Common Council City Clerk Approved and signed by me Ap r i 1 15 . 20 ~ 9 Mayer April 13, 20 09 ORDINANCE NO. ~ ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE, COUNCILMANIC DISTRICT #4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned MU Mixed Use District. The property is currently vacant. The request is for it to be changed to SF2 Single Family and Two Family District for use as a residential property. 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 1, LISTERS SUBDIVISION OF COTTRELL'S LARGE LOT 23 be and the same is hereby established as SF2 SINGLE FAMILY AND 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 Attes 'ty Cl k Presented by me to the Mayor of the City of South Bend, Indiana on the ~ day of _ 200' at l l ~-~~ o'clock 4~ .m. r-- City Cle ~ I~R,~w~ Approved and signed by me on the _ l~~ day o~ (~ 2008, at / ' ~ o'clock n m. May f~the City of South Bend, Indiana t sr RE,~,DING 2 - l ~ v~ p ~'J:.'!.!C HEARING y-11-~ ` ? rd READING ~_.\~ -d~j 'JT APPROVED ~.SSED ~-~~3-~~ ~1~1~'~ ~~ r; l ~ tir ~ ~~~1C8 J~~J ? e 2009 JQI'N YOOR~7E CITY CLERK, ~0. G•wtJD, ty. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1032 WAYNE STREET, COUNCILMANIC DISTRICT 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 with a favorable recommendation. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission Application No. 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: 1032 WAYNE, SOUTH BEND, IN 2) Name and address of property owner(s) of the petition site: ELIZABETH LAUBER 51387 PORTAGE ROAD SOUTH BEND, IN 46628 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned from MU MIXED USE DISTRICT to SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT 5) This rezoning is requested to allow the following use(s): 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. PETITION PREPARED BY: ELIZABETH LAUBER 51387 PORTAGE ROAD SOUTH BEND, IN 46628 574-277-8063 Signature(s) of All Property owner(s) or Attorney for all property Owner(s) CONTACT PERSON: (If different) yl•;~'~'z (;~~~ECB ., -~...--- JC: =..,,;,.., ill. Ct?Y Cy _n _~_....~.--..---'- ~,.z,~ ., Rec .., . PARCELID NAME_1 TAXMAILADD TAXMAILCIT 1 0 16403 &SHIRLEY 1 013 QUIMBY ST 4 6617 ~ 2 0 18-6111-3975 RUSSELL & RUTH M (H&W) 328 S EDDY ST 4 SOUTH BEND IN ~ 6617 3 016402 HENRY CORP P O BOX 1407 46624 ~ 4 018-6111-3976 WEBER KEVIN L AV 46615 ~ 5 018-6006-0150 CONWAY L 329/327 S EDDY ST 46617 6 018-6006-0147 SUSAN S 316 S EDDY ST 46617 ~ 7 018-6108-3879 FREDERICK G & BUECHNER MARTIN B P O BOX 419 %HARBOUR TRUST CO 8 018-6005-0115 SYPHETH & KHAMKEUNG 230 S FRANCES SOUTH BEND IN 46617 9 018-6006-0153 PREMIUM CAPITAL HOLDINGS INC 331 S EDDY SOUTH BEND IN 46615 10 018-6006- 016401 PREMIUM CAPITAL HOLDINGS INC PO BOX 1975 331 S EDDY ST SOUTH BEND IN 46634 11 018-6006-0137 M PO BOX 1944 46634 ~ 12 018-6005-0116 & ROBERT R W/ BOITS MARG 1001 E WAYNE SOUTH BEND IN 46615 13 018-6006-0161 SPEELMAN JAMES AND SHIRLEY 1013 QUIMBY ST SOUTH BEND IN 46617 14 018-6006-0160 HOLMES ERICK A 3187 CLEWISTON ST DELTONA FL 32738 15 018-6006-0158 SPEELMAN JAMES HAND SHIRLEY A 1013 QUIMBY ST SOUTH BEND IN 46617 16 018-6006-0156 SPEELMAN JAMES HAND SHIRLEY A 1013 QUIMBY SOUTH BEND IN 46617 17 018-6006-0154 & BEVERLY D 1024 QUIMBY ST 46617 18 018-6006-0149 SUSAN S 316 S EDDY ST 46617 19 018-6006-0138 M P O BOX 1944 46634 20 018-6006-0139 PRINCE ROY 1009 E QUIMBY ST 46617 21 018-6006-0142 SPEELMAN JAMES AND SHIRLEY ANN MISC 1013 QUIMBY SOUTH BEND IN 46617 22 018-6006-0144 RAYMOND 1518 E COLFAX AVE 46617 23 018-6006-0145 KAREN 1023 QUIMBY ST 46617 24 018-6006-0146 DEAL RICHARD T 311 S EDDY ST 46615 2 5 018-6006-0148 SUSAN S 316 S EDDY ST 46617 2 6 018-6108-3880 ALLEN R & VERDA L 1107 SUNNYMEDE AV SOUTH BEND IN 46615 2 7 018-6005-0123 SCHATZ PHILIP H 1027 E WAYNE 46617 2 8 018-6108-3881 SUSAN S 316 S EDDY 46617 1 ~/ V 1/ f V ~/ // 018-6006-0136 M PO BOX 1944 46634 30 018-6006-0134 M P O BOX 1944 46634 31 018-6006-0133 LEWIS MARTHA M P O BOX 1944 46634 32 018-6006-0132 MARCUS PL 46544 33 018-6006-0131 BLOSSOM GLENN PO BOX 56 LAKEVILLE IN 46536 34 018-6006-0129 ROBERT 1020 E WAYNE 46613 35 018-6006-0127 MICHELLE L 1621 HOOVER 46615 36 018-6006-0126 JR 1026 E WAYNE ST 46617 7 18-6006-0125 FAMILY & CHILDRENS CENTER PROPERTIE MANA 1411 LINCOLNWAY WEST ` MISHAWAKA IN 46544 38 018-6006-0124 ELIZABETH M 1032 E WAYNE ST. 46617 39 018-6108-3856 & MARJORIE K 1118 E WAYNE ST 46615 40 018-6108-3859 ESTANISLAO AND MARY JANE 1102 E WAYNE ST SOUTH BEND IN 46615 41 018-6108-3857 RAVIN KATE 1112 E WAYNE ST 46615 42 018-6108-3858 A & JOHN J TRUSTEES MARTHA 1110 E. WAYNE ST. SOUTH BEND IN 46615 43 018-6005-0122 D REV TRUST LOVAN ROBERTA 221 S EDDY ST SOUTH BEND IN 46617 44 018-6104-3724 CHRISTOPHER A & WADZINSKI KATE A 220 S EDDY SOUTH BEND IN 46617 45 018-6104-3721 S & BARBARA M STREET 46615 46 018-6005-0113 A AND LOUISE H 218 S FRANCES ST 46617 47 018-6005-0114 A AND PHYLLIS 1226 E WAYNE SO 46615 48 018-6005-0121 SCHATZ PHILIP H 1027 E WAYNE ST 46617 49 018-6005-0117 SCHATZ PHILIP H 1027 E WAYNE 46617 50 018-6104-3723 ARNETT ECHO ST 46615 51 018-6104-3722 RANS MICHAEL R 922 E JEFFERSON 46617 /~ 4k // ~yy V / V V V t', r _.... Gi"'' . .: 18-6006-0124 MMISSIOryF Ga gs o •~ \~b „ ~ o°~ s-` O = N r~ ~~ ~ ,, ro S ~ ' ~ n O ~ c° ~yf ~ *tia V ..- .,.. ~ © ~ o 0 ~ oW Im ~ ~ L ~ e O N ~ y r'`` ~ z~ fo~ili shown on this map 4B1 anted for r~u cy or mQ~nlability ~ lion o aterial i possibl vn 6Jl ritten Sion of 84~' oseph C unty?fi ana. ~ V GERMAN~TWP CLAY TWP HARRIS TWP WARRE~P OLIVE TWP PORTAGE TWP PENN TWP GREENE TWP OENTRE TWP MADISON TWP (~j[J~~~~ LIBERTY TWP UNION TWP UNCY.Y+/TWP N Photogrephy:Spring 2002 Prepared by: W E St. Joseph County Auditor's Office 227 W. Jefferson Blvd. 3 ~ South Bend, Indiana 46601 Phone: (574)2359463 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, 1N 46601 RE: A proposed ordinance of Elizabeth Lauber to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 1032 Wayne Street, City of South Bend - APC# 2500-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Elizabeth Lauber was legally advertised on Thursday, March 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 DeLee, being seconded by Barrett Berry and unanimously carried, the proposed ordinance of Elizabeth Lauber to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 1032 Wayne Street, City of South Bend is sent to the Common Council with a favorable recommendation. Although the ground floor was a doctor's office, it has been vacant for many years. The conversion of this structure to a home would be as asset to 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, ~/ ohn W. Byo i JWB jsc Attachment Elizabeth Lauber Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2500-09 Owner: Elizabeth Lauber Location: 1032 Wayne Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow Residential property. Land Uses and Zoning: On site: On site is a former doctor's office with a second floor apartment. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east across Eddy are single family homes zoned SFi Single Family and Two Family District. South: To the south is an accountant's office zoned MU Mixed Use District. West: To the west are single family homes zoned SF2 Single Family and Two Family 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. Zoning and land use history & trends: The majority of the properties on the west side of Eddy Street between Jefferson and South Street were zoned MU in 2004 to reflect the mix of existing uses. There have been no rezonings in the immediate area since then. Traffic and transportation considerations: To the east, Eddy Street (State Road 23) a four lane street. To the north, Wayne Street is two lanes. Additional information: (Agency comments) The Staff received a letter from the Howard Park Neighborhood Association. They support the rezoning to single family. They would be less supportive of a two family dwelling, or a house where more than two unrelated persons reside. A Special Exception would be required for this structure to be converted to a duplex. A duplex would be allowed under the current zoning. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Objective H 2: Maintain South Bend's housing stock in good condition. Elizabeth Lauber #2500-09 Page 1 of 1 2. Current conditions and character: Wayne Street to the west is primarily a single family neighborhood, and in part of the Howard Park/East Race Neighborhood Association and Howard Park National Register Historic District. To the east, Wayne Street is a single family neighborhood in the East Wayne Street Historical District. Small office uses front on Eddy Street/State Road 23 to the south. 3. Most desirable use: The most desirable use is a single family home or an office 4. Conservation of property values: This rezoning will not affect surrounding property values. 5. Responsible development and growth: It is responsible development and growth to allow a former office to be converted back to the original use of the property which was single family. 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: Although the ground floor was a doctor's office, it has been vacant for many years. The conversion of this structure to a home would be as asset to the neighborhood. Elizabeth Lauber #2500-09 Page 2 of 2 OB Wayne Quimby '~ W SF1 SF1 Rezoning from: "MU" MIXED USE DISTRICT "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT Zoning Key _. SOUTH BEND "SF1" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "SF2" SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "OB" OFFICE BUFFER DISTRICT ~`, SOUTH BEND "MU" MIXED USE DISTRICT N W E S 1 inch equals 50 feet APC # 2500-09 Howard Park Neighborhood Association, Inc. 1006 E. Wayne Street South Bend, Indiana 46617 Date: 22 February 2009 To: Christa Nayder, Area Plan Commission of St. Joseph County Re: 1032 E. Wayne St. Rezoning from: MU Mixed Use District To: SF2 Single Family and Two Family District APC #2500-09 The Howard Park Neighborhood Assoc VP, Philip Schatz, has made several unsuccessful attempts to contact Ms. Lauber concerning the request to rezone the property at 1032 E. Wayne. Without knowing what the intentions are for the property, we can only comment on what we would like to see happen to the property as it might relate to our vision of our neighborhood. HPNA would support the property returning to Single Family Housing (owner occupied). The property has been, for the most part, vacant and minimally kept up since 1996. The concern would be if this became a boarding house. We would also support Two Family District but with less enthusiasm. The concern would be if the two apartments became student housing or game day rentals without respect to the ordinance of not more than two unrelated. The Howard Park Neighborhood strongly supports Single Family Housing and this opportunity to comment on potential change. ards, Martha Lewis President, Howard Park Neighborhood Association, Inc. FEG' G ~!Lirvd e4RE~- i~~Pd Ct3svn~,~:.,,~, t„ s