The URL can be used to link to this page

Home My WebLink About9916-09 Rezoning - 1147 Hickory Road - 4th DistrictORDINANCE No. s Passed by the Common Council of the City of South Bend, Indiana April 13, Attest: E Attest: Presented by me to the Mayor of the City of South Bend, Indiana April 14, JOHN Approved and signed by me Ap r i 1 15 20 09 20 09 20 ~ 9 City Clerk City Clerk President of Common Council Mayor ORDINANCE NO. ~ ~ < <O ~ 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1147 N. HICKORY RD., 1151 N. HICKORY RD., AND 1205 N. HICKORY RD., COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The purpose and intent of the change of zoning is to bring the property in better compliance with the uses and zoning of the surrounding property, and to allow commercial use of the property as allowed by the classification of Office District. It is now SF1 zoning, but is no longer suited to that classification due to area development. 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: 1147 N. Hickory Rd. - 65' S Side Lot 632-McKinley Terrace -Sec B 1151 N. Hickory Rd. - S 40' Lot 633 & N 35' Lot 632 McKinley Terrace - Sec. B 1205 N. Hickory Rd. - N 60' Lot 633-McKinley Terrace -Sec. B be and the same is hereby established 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 ommon Council Attest: Cit Cler Presented by me to the Mayor of the City of South Bend, Indiana on the ~`~-~ day of r ~ , 2 O~5 , at `~`~~~ o'clock a. . m. ,City Clerk Approved and signed by me on the ~~ day of ' ~~-~--~-- , 2 ~' ~ , at 5 =' `~° o'clock ~. m. ~ ~~ ~~ '~s~_ ~ Mayo ity of South Bend, Indiana 1 st R1:ADING Z ~ _~~ PUBLIC HEARING ~,~ 11 `~~ 3rd READING ~- ll -~~ NOT APPROVED REFERRED Ps ~' L~ti-O~ ~ii~d to Glerk'~ C~fi~ice FE9 ? r 2=~~9 JQIi'J 4`vCADE PASSER ~T a 3- o~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1147 N. HICKORY RD., 1151 N. HICKORY RD., AND 1205 N. HICKORY RD., 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 Application No. Date received by the Area Plan Commision We the undersigned make application to the Common Council of the City of South Bend, IN to amend the zoning ordinance as herein requested. The property to be rezoned is located at: 1147 N. Hickory Road South Bend, IN 1151 N. Hickory Road South Bend, IN 1205 N. Hickory Road South Bend, IN Names and address of property owners of the petition site: 1147 N. Hickory Rd. Bruno Cutugno 1147 N. Hickory Rd South Bend, IN 46615 (574) 532-3758 1151 N. Hickory Rd. Marjorie O'Leary 313 Eunice Dr. South Bend, IN 46615 (574) 251-0182 Bette Calderone 202 W. Broadway Mishawaka, IN 46545 (574) 255-0040 Louise Johannesen 844 S. 24th St. South Bend, IN 46615 (574) 233-7109 Edward Johnson 7130 Hawaii Kai Dr. 108Honolulu, HI 96825 (808)394-2762 Vernon Johnson 14701 178th Ave Grand Haven, MI 49417 (616)846-9046 1205 N. Hickory Rd. Cheryl) Boren 1205 N. Hickory Rd. South Bend, IN 46615 (574) 234-6431 It is desired and requested that this property be rezoned from SF1 to Office District . This rezoning is requested to allow the following uses: office use approved within and meeting regulations of zoning description. 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 for all property owners and the tax key numbers for all properties within 300 feet of the petition property (f) a location map, including street names. ~i ~C.t~it~liG~ ~ ~Z2:.Qy~ ~~?j`~~ ~~~JB~, O ,, ; ~.. ;~ ,- ~ Petition prepared by: .-, ~~~~ Bette Calderone 202 W. Broadway Mishawaka, IN 46545 Betteanna@sbcglobal.net (574) 255-0040 ~• _ ~.,,, -- ~; c~...~`~ 1147 N. Hickory 65' S Side Lot 632-Mckinley Terrace 1151 N. Hickory S 40' Lot 633 & N 35' Lot 632-Mckinley Terrace 1205 N. Hickory N 60' Lot 633-Mc Kinley Terrace-Sec. B ~~..........-. ., ...s...~.-..~...--~-.! ~~d~':~ ~V;)vi:'C CiCY C! E~Pi, ^~a, cic?iD, l.J. ~n~``1,,r,V,r~`l ~5,.g-,~~, • Via' ~ _. C ,. S- ~~:~ 3 ~ ~ ~ ~ ~ ~ _ ~_ .- -- - t t ,.. ~. tom, ..._.. .~ ~ ~ .._ ._..,. ~% ~-;: ~ --- .J } M ® «_~.~. ` , ~~ {,~ ~,~~, ~~ tit ~ !N _ , ~~~ . j r- :, - ;, ~ .,, .~ J ~... _ a -~ "mot • ._. ~: .~ ~ ~ ., 1~ ~. s_.J , , ; ~~ ~: ~ 1 1 h ~ 1,` - . .... ~ __._. ~' ----- ---- ~ --j `~0~ ~ _, 1 ~i,'~ ~-1i~e File In CtE~.+ .~ ~ ., FEB - q. 2009.. _ ~ . .. . ~ ~ ; ;. ~ _/ Est ,. s ~< t ,, y .. €t ~.. ~ ...,_~ € . ~ ~ ~~ ~. _ . ~"~:~ ~ ~ , ~~ ~~ i , 1 ~, ~ ~~'. I .~..... 1 6 . ~ ` ` ; ~ o .4 .r . L .~ ~ N r~ .:-~ ' A `vy - s .. ~ - i U .. ~ - b . a ~ ~ . ; f :: i ~~ , _ ~ 0 l.O .. _.. .._...._. .... ~ 1 1. r . i ~ ,_. ,,,,_ .. i I 1 1~ '' 5 ~ ~.~f t ~ ~ ti, .,r__T.____. ~_5_.._ .....__ Imo."-~°'___---°",~----~;y -~~- ~-` - -;, ,_ .~ ~ ( ~ ., f ! ~ _._._ ~_.--. ~ ~~ ~ (o .~ ~ `, ~ -- ,. ` ~~ ._.u Ili ,.~ I ~, ~ F.. ~ j ~ .. .. .. .. . _ ~~ C ~. \ II ~ i ~~ ~ ; ~. ,, i, ,., t 1~ ~f {, ~ - ;~ . _ _.. k .~ } .. r ... :, f _.. ~ .. _,_~~ ,,. r ;' i. '~. ~ ~'II~ '~'~:' ~ ~ ,, ~ ~..,,~,,.' ~ '~> a,. ~,'I (/ ,,.-x ~/ k l ~ } '• .. _~ .._, 1+~ (/ _ ~ J ~ 4~~ r ' l 1" Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi 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 Bette Calderone, Brune Cutugno, Marjorie O'Leary, Louis Johannesen, Edward Johnson, Vernon Johnson and Cheryll Boren to zone from SF1 Single Family and Two Family District to O Office District, properly located at 1147, 1151, 1205 N. Hickory Road, City of South Bend - APC# 2503-09 Dear Council Members: I hereby Certify that the above referenced ordinance of was Bette Calderone, Brune Cutugno, Marjorie O'Leary, Louis Johannesen, Edward Johnson, Vernon Johnson and Cheryll Boren 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 Dan Brewer and unanimously carried, the proposed ordinance of Bette Calderone, Brune Cutugno, Marjorie O'Leary, Louis Johannesen, Edward Johnson, Vernon Johnson and Cheryll Boren to zone from SF 1 Single Family and Two Family District to O Office District, property located at 1147, 1151, 1205 N. Hickory Road, City of South Bend is sent to the Common Council with a favorable recommendation. The development pattern along Hickory Road has been primarily professional office uses, with some limited commercial uses. The three properties combined are large enough to provide at least two small office uses if redeveloped, and still be able to provide the necessary buffering to the adjacent residential 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, ~,,~ w. C%~ohn w. By i JWB:sr Attachment CC: Bette Calderone, Brune Cutugno, Marjorie O'Leary, Louis Johannesen, Edward Johnson, Vernon Johnson and Cheryll Boren Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2503-09 ®wner: Bette Calderone Location: 1147, 1151, 1205 N. Hickory Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF1 Single Family and Two Family District to O Office District to allow offices. Land Uses and Zoning: On site: On site aze three single family homes. North: To the north are single family homes zoned SF1 Single Family and Two Family District. East: To the east is a dentist office zoned C-6 Linear Office Commercial (Mishawaka). South: To the south is a physical therapy facility zoned O Office District. West: To the west are single family homes zoned SF1 Single Family and Two Family District. District uses and development standards: The O -Office District is established to promote the development of general office uses and complexes; professional health care uses and complexes; limited public and semi-public. uses; and, other uses which aze generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. The O District is intended for areas with easy access and high visibility from primary transportation routes. Site plan description: The site consists of three separate lots. The southern lot has a 986 square foot home and a 364 square foot detached garage. Four parking spaces are provided. The middle lot has a 1,102 square foot house with a 264 square foot attached garage. Five pazking spaces are provided. The northern lot has a 986 square foot house and provides 3 parking spaces. Each of the three lots has access from Hickory Road. The total area of the site to be rezoned is 40,000 square feet. All buildings combined are 3,702 square feet or 9% of the site. The 12 parking spaces total 11,010 squaze feet of paved surface or 28%. The remaining 25,288 squaze feet or 63% will be open space. Zoning and land use history & trends: In 1994, the property to the south was rezoned to B Multifamily District for a physical therapy clinic. In 1997, the properties south to Corby Blvd were rezoned to the PHC Professional Health Caze District for office uses. All properties south of the site to Corby Blvd are now zoned O Office District as of May 7, 2004. The property at the northeast comer of Hickory and Catalpa was rezoned to O Office District for a dentist office in 1989. It has since been annexed into Mishawaka. Traffic and transportation considerations: Hickory Road is a four lane road. Catalpa Street is a two lane road with a landscaped median in the middle. There is a traffic signal at the intersection of Hickory Road and Catalpa Street. Bette Calderone #2503-09 Page 1 of 1 t 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: , Policy Plan: City Plan, South Bend Comprehensive Plan, November 2005 LU 5.5 Incorporate adjacent municipalities' future plans when conducting land use and transportation planning along the city's edges. Land Use Plan: The Land Use Map identified these lots as Mixed Use. The proposal is in conformance with both the Policy Plan and the Land Use Plan. 2. Current conditions and character: The Hickory Road corridor from Corby Blvd north to the site contains small office uses, with single family homes bordering them to the west. There is a dentist office at the northeast comer of Hickory Road and Catalpa Street. Another non-residential use at the southeast corner of Hickory Road and Catalpa Street is under construction. 3. Most desirable use: .The most desirable use is to have small office uses similar to the ones to the south and to the east or for the area to remain residential. 4. Conservation of property values: The surrounding property values may be negatively affected. 5. Responsible development and growth: It is responsible development and growth to allow the logical progression of tfte ~0 Office District to the north: Recommendation: .. ...Based on information available prior to the public hearing, the staff recom_ m_e_nds that the petition be sent to the Common Council with a favorable recommendation. Analysis: _ . . The development pattern-along Hickory Road has been primarily professional office uses, with some limited commercial uses. The three properties combined are lazge enough to provide at least two small office uses if redeveloped, and still be able to provide the necessary buffering to the adjacent residential neighborhood. ~% 7 , ~. ~. ... -. } r .~ Bette Calderone #2503-09 Page 2 of 2