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HomeMy WebLinkAboutRezoning for property located at 1158 LWEORDINANCE No. s~~=ss Passed by the Common Council of the City of South Bend, Indiana May 10, 1999 Attest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council May 11, 19 99 City Clerk Approved and signed by me 1Kay 11, 19 99 ~' Mayor ORDINANCE No. l~ S ' 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1158 LWE, IN THE CITY OF 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: 42 ft. West side lot 14 and 16 ft. East end lot 15 and 16 ft. East side lot Y and all of Z Leers Survey be and the same is hereby established as O office. 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. ~i/k~-~ Member of the Common Council 1st READING - 3-8'°l~ PUBLIC HEARING S -Io'g9 3 rd READING 5 _l0 -`1 ~ NO7 APPROVED REFERRED PASSED $ -10 _R0. 0. 5 S t.~~S-~• ~~'•~ ~ilet~ in ~i~r~;'s ~fi~ic~ r~,r`~ 0 ~ 1999 ~yIORC~}~TVTA J/.~ DRUDA Cif ~ C1.~i11~,~0.D~tt'D~lll. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 17-99 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1158 LWE, 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. Charlotte Pfeifer Chairman Date Filed Application No. Date received by the Area Plan of Commission I (we) the undersigned make applications 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 1158 Lincolnway East South Bend, Indiana 46601 2) Name and address of property owner(s) of the petition site Richard J. and Pauline D. Auer 1158 LWE South Bend, Indiana 46601 232-9962 Ron Johnson 525 Widener Lane South Bend, Indiana 46614 299-0298 3) Name and address of contingent purchaser(s), if applicable Joseph F. Rubin 420 LWW. Mishawaka, Indiana 46544 259-2818 4) It is desired and requested that this property be rezoned From B residential A height and area To O office 5) This rezoning is requested to allow the following use(s) For an attorney's office site 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 may be approved subject to the submittal of a final site plan. A final site 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 th final site plan may be requested. PETITION PREPARED BY: Rdnald Johnson 525 Widener Lane South Bend, Indiana 46614 219-299-0298 ~illrlw~ 6~ ~i ~':~'~ ~f~ila FEB 2 ~ 199S ~p/~or~t ~. ~~~~ C1~ i yL.~~.fktL,:~. ~~ts`D,ly. 39'-3s. ~-~ B'-1 6•-9~ sss•-~~• _~ DRIVE/PARKING LOT as q-9a' -s$ _g~ -1 ~'-~' '-4 ' HOUSE APPROX ~, e~ 32'X62' s• o~ APPROX 3 SHRUBS 3' DIAMETER TYPICAL GF 3 Y J '-1 } .. 3 ~'-~' 3 ~ LINCOLN WAY WEST w¢ STEPS a~ ~'-~~' WALK S'-3~ 1158 LINCOLNWAY EAST SOUTH BEND, INDIANA 46601 42' WEST SIDE L^TS 14 AND N AND 16FT EAST END LOTS 15 AND M AND 16FT EAST END SIDE L^T Y AND ALL OF Z LEERS SURVEY DRAWN BY T^M HUBBARD FEBRUARY 26TH, 1999 ^FNERAL N^TES~ 1. ALL MEASUREMENTS APPR^XIMATE 2. DRIVE/LOT IS GRAVEL - CAN ACC^MODATE 5 VEHICLES 3. REAR ^F L^T MEASURED T^ RR EASEMENT ^F APPR^X 15' 4. UTILITIES LOCATED AT FUTURE DATE - N^T SH^WN ^N THIS PLAN &~i4er~ i~~ ~i~:ic'~ ~~~ic FF3 Z r 1°~9 Ldti;:f l .~. ~~~. LINCOLN WAY WEST Area Plan Commission of St. Joseph Count 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director Phone 219 235-9571 Apri121, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 John W. Byorni Assistant Director Fax 219 235-9813 RE: A proposed ordinance and site development pplan of Richard J. and Pauline D. Auer and Ron Johnson to zone from "B" Residential, "A' Height and Area to "O" Office, property located at 1158 Lincolnway East, City of South Bend - APC #1912-99 Dear Council Members: The above referenced ordinance and site development plan of Richard J. and Pauline D. Auer and Ron Johnson was legally advertised April 8, 1999. The Area Plan Commission at its public hearing on April 20, 1999, took the following action: Upon a motion by Lew Powell, being seconded by Rod Sniadecki and unanimously carried, the proposed ordinance and site development plan of Richard 3. and Pauline D. Auer and Ron Johnson to zone from "B" Residential, "A" Height and Area to "O" Office, property located at 1158 Lincolnway East, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This portion of Lincolnway between Miami Street and Twyckenham Drive has seen the conversion of several residential structures to office uses. It is the Commission's opinion that this use is appropriate for the existing structure and compatible with surrounding land uses. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Comm>ssion. 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. Si el , Robert . Sante RWS:sr Attachment CC: Richard J. and Pauline D. Auer CC: Joseph F. Rubin CC: Ronald Johnson Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT April 12, 1999 Richard J and Pauline D. Auer and Ron Johnson 1912-99 Location: 1158 Lincolnway East City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "0" Office to allow an attorney's office. EXISTING LAND. USE: The property currently contains a single family home. SURROUNDING LAND USE AND ZONING: Located to the north is the St. Joseph River; and to the east, west, and south are single family homes zoned "B" Residential, "A" Height & Area. ACCESS: Access to the site is from Lincolnway East. 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 14,152 square feet. Of that, the buildings will occupy 1316 square feet, or 9 percent of the site; the parking and drives will occupy 3118 square feet, or 21 percent of the site; and 9718 square feet or 70 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 has commented that the drive approach must be concrete. 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 portion of Lincolnway between Miami Street and Twyckenham Drive has seen the conversion of several residential structures to office uses. It is the staff's opinion that this use is appropriate for the existing structure and compatible with surrounding land uses. ~~ ~~ n ~ © ~ USKIN ST. !~U 2 o N Q ~ ~~y N S ~P\~E~OP~ /~F ~ ~ s,, ~ ®-® C.~O W s De~ `~2 FA ~ ~ HILOR H ST. w m ~ ~Q~ O 2 ~ ~~} 's', L ~"fi o '~0 a a,,,,a,,,, o w 4` \ ~ ~r, ~~~ t _ ~ ~' A~~TO ~ N . BROADWAY ST. ~~ ~ `~ N Ol WAY E H T IC OIS ICT \ ~~ ` to ~ , \ \ ST. ~ \ BROADWAY \ ` \ \. ~ ,p" ~ HAN EY AVE. ~q/ ~ ° C~~qO \ W Z ? Q ~ ~ ~ e > INDIANA a: {~ W AVE. U J IN IAA AV. REZONING FROM: "8" RESIDENTIAL (MULTI-FAM.), A HEIGHT & AREA, T0: "0" OFFICE PETITION AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL O "A1" RESIDENTIAL (ONE &TWO FAM.) D "B" RESIDENTIAL {MULTI-FAM.) D "C" COMMERCIAL ~-~ "D" LIGHT INDUSTRIAL O "0" OFFICE O 4 APC # 1912-99 0 100 400 300 600 Graphic Scale