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HomeMy WebLinkAboutRezoning - West side of Franklin Street between Calvert Street and the first East-West Alley North of Ewing Avenue.r ~ ORDINANCE No. s~„ ss Passed by the Common Councit of the City of South Bend, Indiana, June 14, 19 99 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana June 15, City Clerk President of Common Council 19 99 Ciry Clerk Approved and signed by me June 15, 19 99 Mayor ORDINANCE N0. ~ ~ l \~" `~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE WEST SIDE OF FRANKLIN STREET BETWEEN CALVERT STREET AND THE FIRST EAST-WEST ALLEY NORTH OF EWING AVENUE AND ON THE EAST SIDE OF FRANKLIN STREET BETWEEN EWING AVENUE AND THE SECOND EAST-WEST ALLEY NORTH OF EWING AVENUE IN THE CITY OF SOUTH BEND, INDIANA INDIANA: BE IT ORDAINED By the Common Council of the City of South Bend, 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: Lots 308 through 331 and 353 through 360 of Shively's Addition and Lots 361 through 363 of Citizen's Homes Co.'s Replat. be and the same is hereby established as "A" Residential, "A" Height and 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. ~~ Member of the Common Council 1st READING y ~ Z ~ -~~ PUBLIC HEARING le-1y ~y 3rd READING ~-~~-~1 y NOT APPROVI~D REFERRED PASSED Ip-\`~-`1 E=it~c~ i~~ ~i~:'tc'~ ~~ft~~ A6'R 1 ? 1999 LO.tfiTl"~, d. L~Lipfi~ csTrc~rttl:, t~. ~t°t~~, a*+. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 34-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE WEST SIDE OF FRANKLIN STREET BETWEEN CALVERT STREET AND THE FIRST EAST-WEST ALLEY NORTH OF SWING AVENUE AND ON THE EAST SIDE OF FRANKLIN STREET BETWEEN SWING AVENUE AND THE SECOND EAST-WEST ALLEY NORTH OF SWING AVENUE IN THE CITY OF 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. Charlotte Pfeifer Chairman Revised 12/97 Date Filed Application No. Date received by the Area Plan Commission 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: On the west side of Franklin Street between Calvert Street and the first east-west alley north of Ewing Avenue and on the east side of Franklin Street between Ewing Avenue and the second east-west alley north of Ewing Avenue. 2) Name and address of property owner(s) of the petition site: See attached list 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned from "D" Light Industrial and "E" Heavy Industrial, "E" & "F" Height and Area to "A" Residential, "A" Height and Area 5) This rezoning is requested to allow the following use(s): To appropriately rezone properties to reflect the primary use of the area. 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) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Initiated by the Area Plan Commission o ert W. Sante Executive Director C B~~bc 6@O 9J`~JGa'Or`•1 ~wwi AP° 1 2 1999 C~~~~e~" fir, Area Plan Commission of St. Joseph County-. 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 April 12, 1999 Sean Coleman, President City of South Bend Common Council Fourth Floor County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Area Plan Commission Initiated Petition -Franklin Street Downzoning Dear Mr. Coleman: Fax 219 235-9813 Attached is a proposed ordinance initiated by the Area Plan Commission. The purpose of this ordinance is to rezone existing single-family homes and duplexes from "D" Light Industrial and "E" Heavy Industrial to "A" (single-family) Residential. As you are aware, single family homes cannot be rebuilt in either the "D" or "E" industrial zoning districts. Some of the property owners have indicated that potential buyers have had difficulty in obtaining financing for the residential properties within this area. Please place this proposed ordinance on the Apri126, 1999, Common Council agenda for first reading. We anticipate that the Area Plan Commission will conduct its public hearing on May 18, 1999. If you have any questions, please fell free to contact me. Sincerely, W W. By i l~~C: ~6~ ~t~°: ~~~~ ~i:~0:,, r~l~~ ~ z ~sss Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission of St. Joseph County : 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 May 19, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 RE: A proposed ordinance initiated by the Area Plan Commission to zone from "D" Light Industrial and "E" Heavy Industrial, 'E" and "F" Height and Area to "A" Residential, 'A" Height and Area pproperty located on the west side of Franklin Street between Calvert Street and the first east-west~alley north of Ewing Avenue and on the east side of Franklin Street between Ewing Avenue and the second east-west alley north of Ewing Avenue, City of South Bend - APC #1923-99 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on May 6: 1999. The Area Plan Commission at its public hearing on May 18, 1999, took the following action: Upon a motion by John McNamara, being seconded by Gerry Phipps and unanimously carried, the proposed ordinance initiated by the Area Plan Commilssion to zone from "D" Light Industrial and 'E" Heavy Industrial, "E" and "F" Height and Area to "A" Residential, "A" Height and Area, property located on the west side of Franklin Street between Calvert Street and the first east-west alley north of Ewing Avenue and on the east side of Franklin Street between Ewing Avenue and the second east-west alley north of Ewing Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will resolve inconsistencies between the existing uses and the present zoning district designations. Most of the properties within the petition area are single family homes that are zoned for industrial use. The proposed rezoning would bring the uses m this area into conformance while protecting the viability of the residential area. 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. Sinc ely, ,ri~ ;,~ o ert W. a e RWS:sr Attachment Fii~t~ io, C~~ri=:'s ~f~i~~ P°;tri~ 1 ~ 5Q99 LORETT~ J. DY1DA CIT'f CLERK, So. acf~'~, IAi. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~ . STAFF REPORT May 10, 1999 Initiated by the Area Plan Commission_1923-99 Location: on the west side of Franklin Street between Calvert Street and the first east-west alley north of Ewing Avenue and on the east side of Franklin Street between Ewing Avenue and the second east-west alley north of Ewing Avenue City of South Bend REQUESTED ACTION- This is an Area Plan Commission initiated petition to rezone from "D" Light Industrial, "E" Height and Area; and "E" Heavy Industrial, "F" Height & Area to "A" Residential, "A" Height and Area to allow the appropriate zoning to reflect the exisiting uses of the area. 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. This rezoning will resolve inconsistencies between the existing uses and the present zoning district designations. Most of the properties within the petition area are single family homes that are zoned for industrial use. The proposed rezoning would bring the uses in this area into conformance while protecting the viability of the residential area. .:. LO~;~T7L. J. [TUaR C{TY CLEe 'r;, ^ p, mcP jzYy, !r :. w w w DUBAIL AVE. 1 _ _ _ - - I _ _ _ - _ _ ~I I I _ - I - I -_ _ _ I - - - - - E ,~ - - - - - I I I I i I I I I I I ~ I I CALVERT r ~ ~ o ~ o y < - E~IN6 ~ II • l PETITION AREA ~ 'A' RESIDENTIAL <SGI. FAN.) O 'C' COMMERCIAL O 'D' L[GHT INDUSTRIAL O 'E' HEAVY INDUSTRIAL O I I f I I I i I r ~~ N sT. BOBYAR ST DOYAlO 1T U AVE. LNA, ~. •~ we ~ ne++ • ~«_ ~« w EXISTING ZONING r."'"'M' DUL-J1_J~ L.J I-~N LJL--1~ 1 _ _ _ I = = = _ _ _ _ _ I _ _ _ _ - I _ _ _ _ I - - - - - I I I I I I I I I I I I I I I CAIVERT ~ ~ c s o ~ u s EwIMO ~, „ _ I I , I I f _ I i i i - sT. ROMYAN ST DONALD fT r B ~~ I III......JJJ..~ AYE, PETITION AREA ~ZZZ 'A' RESIDENTIAL (SGI. FAM.) O 'C' COMMERCIAL O 'D' LIGHT INDUSTRIAL O 'E' HEAVY INDUSTRIAL O NON-PATICIPANT i = ' ~ 7 -IY~ re • row ._Ir_~« w PROPOSED ZONING ^'~"'1i'""