HomeMy WebLinkAboutRezoning - 234 South Chapini
ORDINANCE No.
9010-99
Passed by the Common Council of the City of South Bend, Indiana
June 14,
Arrest:
Attest:
19 99
City Clerk
LORETTA J.~UDA
Presented by me to the Mayor of the City of South Bend, Indiana
June 15,
President of Common Council
19 99
City Clerk
Approved and signed by me June 15 , 19 99
Mayor
ORDINANCE NO. ~ L ~
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 234 SOUTH CHAPIN
STREET IN 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:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH,
RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA WHICH IS DESCRIBED AS: LOTS 11, 12, 13 AND 14 AS SHOWN ON THE
PLAT OF "J.K. HUSTON'S SUBDIVISION OF BANK OUTLOT # 72" BEING RECORDED
IN PLAT BOOK # 2 ON PAGE # 27 IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS:
BEGINNING AT THE NORTHWEST CORNER OF LOT # l l IN SAID SUBDIVISION
WHICH IS S. 89 -34' -1 ]" E., 33.00 FT. AND N. 00 -44' -03" E., 574.71 FT. FROM THE
INTERSECTION OF THE CENTERLINE OF CHAPIN STREET WITH THE EAST AND
WEST QUARTER LINE OF SAID SECTION 1 l; THENCE S. 89 -34' -1 l" E. ALONG THE
SOUTH RIGHT-OF-WAY LINE OF WAYNE STREET, 239.39 FT. (REC. EAST 239.83 FT.)
TO THE NORTHEAST CORNER OF LOT # 14 OF SAID SUBDIVISION; THENCE S. 00 -
40' -03" W. ALONG THE EAST LINE OF SAID LOT #14, 154.82 FT. (REC. SOUTH 154.0
FT.) TO THE SOUTHEAST CORNER OF SAID LOT # 14 AND THE NORTH RIGHT-OF-
WAY LINE OF NAPIER STREET; THENCE N. 89 -33' -50" W. ALONG SAID NORTH
LINE 239.39 FT. (REC. WEST 239.83 FT.) TO THE EAST RIGHT-OF-WAY LINE OF
CHAPIN STREET AND THE SOUTHWEST CORNER OF SAID LOT # 13; THENCE N. 00
~0' -03" E. ALONG THE EAST RIGHT-OF-WAY LINE OF CHAPIN STREET, 154.80 FT.
(REC. NORTH 153.98 FT.) TO THE POINT OF BEGINNING.
CONTAINING 0.85 ACRES AND COMPRISED OF ONE-(1) LOT.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
be and the same is hereby established as "C" Commercial, and "D" Height & Area.
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.
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Member of the Common Council
1 st P.EADI£1G ~` \Z-~~
FU~3LIC HEARING (~-~N-9q
3 rd C~EAf?;hG G _\~"~~
NClT APPROVED
REFERRED.
PASS6D (o~~~'a~ as S wlos~~~„~~
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APR 2 ~ 1999
LOR T7ta J. C~J>]fi
CIY1' CLER;;, ;~0. D::f IU, l~.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
32-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 234 SOUTH CHAPIN STREET IN SOUTH BEND,
INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
comes to the full Council with a favorable recommendation, as substituted.
Charlotte Pfeifer
Chairman
Date Filed: April 7, 1999
Application No.:~~ ~'~ y ,~
Date Received by the 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:
234 South Chapin Street
2) Name and address of property owner of the petition site:
South Bend Heritage Foundation
914 Lincolnway West
South Bend, IN 46616
219-289-1066
3) Name and address of Contingent purchaser(s), if applicable:
N!A
4) It is desired and requested that this property be rezoned:
From "A" Residential, "A" Height & Area;
and "C" Commercial , "D" Height & Area
To "C" Commercial, "D" Height & Area
5) This rezoning is requested to allow the following use (s}:
Continued development on South Chapin Street for the establishment of the much
requested services of a Laundromat and retail services such as a pharmacy.
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 maybe approved subject to the submittal of a final site
plan. A final 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.
c
PETITION PREPARED BY:
Dea Andrews
South Bend Heritage Foundation
914 Lincolnway West
South Bend, IN 46616
219-289-1066
Filed in Gler{c'~ Office
APR 2'g 1999
LORETTA J. DUDA
CRY CLERY., £0. REND, Rrl.
._
Jeffe . G' ey xecutiv 'Di ctor
South en eritage Foun atio
CHAPIl~ & NAPIER MINOR SUBDIVISION
Part of I~ot-theast 4uarter Section 11, T. 37 N., R. 2 E. .
Portage Towns#i~p, ~it~ of ~auth Bend, St. Jo~~~h Cownt~, Indiana
(Bung a ReSubd ~rf~'r~n of Lets X11, 12, 13 ~ 14 of Wwsto~n's Sub. of B.O.L. X72)
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH
RANGE 2
,
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED
AS: LOTS 11, 12, 13 AND 14 AS
SHOWN ON THE PLAT OF "J. K. HUSTON'S SUBDIVISION OF BANK OUTLOT #
72"
BEING RECORDED IN PLAT BOOK # 2 ON PAGE # 27 IN THE RECORDS OF
THE ST
JOSEPH C
.
OUNTY, INDIANA RECORDER'S OFFICE AND BEING HORE
PARTICULARLY DESCRIBED AS: BEGINNING
AT THE NORTHWEST CORNER OF LOT
# 11 IN SAID SUBDIVISION WHICH IS S. 89 -34'-11" E
33
00 FT
A x
.,
.
.
ND
N. 00 -40'-03" E., 574.71 FT. FROM THE INTERSECTION OF THE
CENTERLINE OF CHAPIN
~
STREET WITH THE EAST AND WEST QUARTER LINE OF
SAID SECTION 11; THENCE S. 89 -34'-il" E -~j
. ALONG THE SOUTH RIGHT-OF-
WAY LINE OF WAYNE STREET, 239.39 FT. (REC. EAST 239.83 FT
) TO TAE
D
.
NORTHEAST CORNER OF LOT ,/ 14 OF SAID SUBDIVISION; THENCE S. 00 -40'-
03" W. ALONG THE EAST LINE o '
f SAID LOT # 14, 154.82 FT. (REC. SOUTH
154.0 FT.) TO TAE SOUTHEAST CORNER O r'
m
F SAID LOT # 14 AND THE NORTH
RIGHT-OF-W;~y LINE OF IQ?4PIER STREET; THENCE N
89 -33'-5'0" W
G ~
n
.
. Ai:ON
SAID NORTH LINE, 239.39 FT. (PtEC. WEST 239.83 FT.) 1'O TfiE EfiST RIGHT-
OP'-WAY LINE O
C r
F
Hh,PIN STREET AND THE SOUTffWEST CORNER OF SAID LOT #
11; THENCE N
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~ro . 00 -40
-03" E. ALONG THE EAST RIGHT-aF-W?,Y LINE OF
CH•APTN STREET, 154.80 FT. (REC
NORTH 15 crni~
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3.98 FT.) TO THE POINT OF
BEGINNING.
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CONTAINING 0.85 ACRES AND COMPRISED OF ONE (1) LOT _
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SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~
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South Bend Heritage Foundation
Rezoning 234 South Chapin Street
Tabulated Data
1. Square footage of site: 36,914.63 square feet
2. Proposed land uses: Laundromat and retail shopping services.
3. Parking ratios as required by ordinance: Requirements per Requirements per
max sq. ft. net retail sq. ft.
Laundry (38 washing machines) 19 19
2 max employees per shift 1 1
Retail Space I (4,800 sq. ft. -gross)
2 max employees/shift
3,200 sq. ft. -net used for retail services
Retail Space II (5,000 sq. ft. -gross)
2 max employee/shift
2,500 sq. ft. -net used for retail services
TOTAL
71
51
The retail spaces most likely will be used by businesses that will need part of the
space for storage purposes (i.e. 2/3 of the Retail Space I would be used for retail sales and
1/2 of the Retail Space II would be used for retail sales).
This immediate site will provide 28 spaces for parking. A variance will be filed
based on the shared use of the Chapin Market parking directly across Napier, the street
separating the two facilities.
4. Proposed land coverage (percentage of total lot):
a. buildings - 35.2%
b. parking and drives - 43%
5. Floor area of buildings by use:
a. Laundromat - 3,200 square feet
b. Retail Space I - 4,800 square feet
c. Retail Space II - 5,000 square feet
6. Building height: Typical one-story (approximately 15 ft.).
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~~~ 0 7 1999
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A"rea 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
May 19, 1999
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A pro osed ordinance and site development plan of South Bend Heritage Foundation to zone
from "A" Residential, "A" Height and Area, and "C" Commercial, "D" Height and Area to "C"
Commercial, "D" Height and Area, property located at 234 South Chapin Street, City of South
Bend - APC #1917-99
Dear Council Members:
The above referenced ordinance and site development plan of South Bend Heritage Foundation
was legally advertised May 6, 1999. The Area Plan Commission at its public hearing on May 18,
1999, took the following action:
Upon a motion by Lloyd Taylor, being seconded by Willie Morgan and unanimously carried, the
~ro~osed ordinance and site development plan of South Bend Heritage Foundation to zone from
'A' Residential, "A" Height and Area, and "C" Commercial "D" Height and Area to "C"
Commercial, "D" Height and Area,. property located at 234 ~outh Chapin Street, City of South
Bend is sent to the Common Council with a favorable recommendation, subject to a final site
development plan. The majority of this site is already zoned for commercial use. Approval of this
petition would be consistant with the land uses and zoning to the south and west.
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.
Sincerely,
/ ~.
o rt
RWS:sr
Attachment
CC: South Bend Heritage Foundation
CC: Dea Andrews
~il~~ ate ~~~~~t's ~f~ac~ ~
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crrvcLE~tr,, so. a€r,~, s*~
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
/9~~'
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~~~ South Bend Heritage Foundation
Petition for Rezoning
Area Plan Commission Meeting
May 18th, 1999
234 S. Chapin St.
This property was originally made up of nine lots immediately North of the Chapin Market (Sav A
Lot & Clinic). These lots are being replatted into a minor subdivision in order to extend
commercial services to the neighborhood. An "L" shaped building has been planned containing
three retail establishments. These much needed and compatible services will be a laundromat, a
pharmacy, and a medical durable goods store. The types of retail services, both in the Chapin
Market and this additional, are a result of a series of neighbofiood surveys to determine what is
desirable. ~
Seven of the nine original lots are currently zoned "C" Commercial, and "D" Height & Area, and
two lots are zoned "A" Residential, and "A" Height & Area. This application requests merging of
the zoning of the entire subdivision so it is all zoned "C" Commercial, and "D" Height & Area.
Previously, the lots facing S. Chapin St. were a mix of commercial buildings and a residence
which was used for commercial activities. These buildings were acquired by the City and
demolished several years ago.
South Bend Heritage Foundation is proud of the successful development in this area as it is one
of the three census tracts that have been determined by HUD as the most difficult to develop in
the City.
See additional attached information.
202, 208, 8~ 210/212 S. Chapin St.
This location was originally made up of three lots (202, 208, and 210/212 S. Chapin St.) and had
been the site of a gas station/convenient store that was acquired and demolished by the City.
The site was then made available for the Biven's house previously located on the Chapin Market
lots and moved to 202 S. Chapin St. Currently, the lots are being replatted from three to two lots,
202 and 210 S. Chapin St.
The intended use was uncertain at the time of the house move. Initially, a group wanted to
develop an African American Resource Center. Subsequent interests included a Bed 8~ _
Breakfast, professional offices, and asingle-family home. Each requires a different zoning
classification, so SBHF did not pursue rezoning until certain of intended use.
Kevin and Meleah Ladd have secured financing to restore the building for their own home.
Therefore, zoning needs to be changed from "C" Commercial, and "D" Height ~ Area to "A"
Residential, and "A" Height & Area. This rezoning is compatible to the residential area to the East
and the North of the two lots.
See additional attached information.
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STAFF REPORT May 10, 1999
South Bend Heritage Foundation 1917_-9.9
Location: 234 South Chapin Street
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "A" Residential, "A" Height and Area; and
"C" Commercial, "D" Height and Area to "C"
Commercial, "D" Height and Area to allow a
laundromat and retail services.
EXISTING LAND USE:
The property is currently vacant.
SURROUNDING LAND USE AND ZONING: Located to the north is a single family home
and vacant land zoned "C" Commercial, "D"
Height and Area; to the east are single family
homes zoned "A" Residential, "A" Height and
Area; and to the south and west are businesses
zoned "C" Commercial, "D" Height and Area.
ACCESS: Access to the site is from Chapin, Wayne, and
Napier Streets
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 36,914 square
feet. Of that, the buildings will occupy
13,000 square feet, or 35 percent of the site;
the parking and drives will occupy 15,872
square feet, or 43 percent of the site; and
8,042 square feet or 22 percent of the site
will remain as open space.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, flood hazard areas, wetlands, or
environmental hazards are present.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer made the following comments:
A drainage plan will be required at the final
site plan stage. All sidewalks and entrance
drives must meet City standards.
This plan is subject to variances for parking
from 71 to 31 spaces and for rear yard setback
from 25' to 15'.
PRELIMINARY
STAFF RECOMMENDATION: Based on information available prior to the
public hearing, the staff recommends that this
petition be sent to the Common Council with a
favorable recommendation, subject to a final
site plan. The majority of this site is
already zoned for commercial use. Approval of
this petition would be consistant with the
land uses and zoning to the south and west.
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JE}'FERSON BLVD. , as. os JEFFERSON BLVD.
THOMAS ST.
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WAYNE PETITION AREA ST.
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REZ^NING FR^M~ 'A' RESIDENTIAL, 'A' HEIGHT & AREA and
'C' C^MMERCIAL, 'D' HEIGHT & AREA
T^; 'C' C^MMERCIAL, 'D' HEIGHT & AREA
PETITI^N AREA
S^UTH BEND EXISTING Z^NING
'A' RESIDENTIAL D APC # 1917-99
'A1' RESIDENTIAL <1 & 2 FAM.) O
'A3' RESIDENTIAL CMIXED USE) O
'B' RESIDENTIAL D
'C' C^MMERCIAL ~ 0 100 200 400
'D' LIGHT INDUSTRIAL O ~ ~ '
Graphic Scale