HomeMy WebLinkAboutRezoning 2330 South Bend AvenueORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
8976-99
January 11, 19 99
Attest:
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
January 12,
President of Common Council
19 99
City Clerk
Approved and signed by me January 15
l9 99
Mayor
ORDINANCE NO. ~ ~ ! (Q~ ! 1
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 2374 AND 2330 SOUTH BEND AVENUE
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.
,7oseph County, State of Indiana:
Lots Numbered One Hundred Forty-eight (148) and One Hundred
Forty-nine (149), as shown on the recorded Plat of the Town of
Maple Lane, in Clay Township, recorded September 28, 1922 in the
Office of the Recorder of St. Joseph County, Indiana, in Plat
Book 11, page 3, excepting therefrom the following: Beginning at
the Northwest corner of said Lot One Hundred Forty-eight (148);
thence North 55 degrees 50 minutes 12 seconds East 122.00 feet
along the Northwestern line of said Lot One Hundred Forty-eight
(148) and said Lot One Hundred Forty-nine (149) to the Northeast
corner of said Lot One Hundred Forty-nine (149); thence South 1
degree O1 minutes 59 seconds East 54.98 feet along the East line
of said Lot One Hundred Forty-nine (149); thence North 54 degrees
22 minutes 13 seconds West 39.15 feet; thence South 55 degrees 50
minutes 12 seconds West 84.49 feet to the West line of said Lot
One Hundred Forty-eight (148); thence North 1 degree 02 minutes
55 seconds West 11.10 feet along said West line to the point of
beginning.
be and the same is hereby established as "C" Commercial, 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
i st READING' _~,9C[
PUBLIC HEARING / -/ / _ 9 9
3rd READWG ~-~i- 9 9
NOT APPROVED
REFERRED
Flied in Clerk's ®fiice
N O V 1 ? 1998
IORETfA J. DUDA
CRYCLHRX, SO. BEND i'3.
PASSED ~ - ~~~~~
COMMITTEE REPORT
TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
105-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 2374 AND 2330 SOUTH BEND 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
J
Date Filed
Application No.
Date received by the Area Plan Commission
---------------------------------------------------------------------------
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:
2374 and 2330 South Bend Avenue, South Bend, Indiana 46635
2) Name and address of property owner(s) of the petition site:
Patricia J. Adler, 2426 Treasurer Isle Drive, West Palm Beach,
Florida 33410
3) Name and address of contingent purchaser(s), if applicable:
DZ 23 Properties, Inc., 251 E. Sample Street, South Bend, Indiana
46601 Telephone: (219) 287-2887
4) It is desired and requested that this property be rezoned
from "A" Residential, A Height and Area
to "C" Commercial, A Height and Area
5) This rezoning is requested to allow the following use(s):
Laundry Pickup
6) Attached is a copy of (a) legal description of the property; (b) a
list of names and addresses of all property owners within 300 feet of
the petition property; and (c) six (6) site plans; and (d) addresses,
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 condition, a time
extension on the submittal of the final site plan may be requested.
David L. Markin
CONTACT PERSON: David Ziker, 251 E. Sample Street, South Bend, Indiana
46601 Telephone: (219) 287-2887.
PETITION PREPARED BY: David L. Markin, MIRKIN LAW OFFICES, P.C., 112 W.
Jefferson Boulevard, Suite 400, South Bend, Indiana 46601. Telephone:
(219) 232-3393.
Filed In Clerk's affiG~ ~
F
DEC - 7 1~9~
Lo~rr~ a o~-r~~
cmrc~c,~o,,~
Patricia J. Adler/DZ 23 Properties, Inc.
2374 and 2330 South Bend Avenue, South Bend, Indiana 46635
Lots Numbered One Hundred Forty-eight (148) and One Hundred
Forty-nine (149), as shown on the recorded Plat of the Town of
Maple Lane, in Clay Township, recorded September 28, 1922 in the
Office of the Recorder of St. Joseph County, Indiana, in Plat
Book 11, page 3, excepting therefrom the following: Beginning at
the Northwest corner of said Lot One Hundred Forty-eight (148);
thence North 55 degrees 50 minutes 12 seconds East 122.00 feet
along the Northwestern line of said Lot One Hundred Forty-eight
(148) and said Lot One Hundred Forty-nine (149) to the Northeast
corner of said Lot One Hundred Forty-nine (149); thence South 1
degree O1 minutes 59 seconds East 54.98 feet along the East line
of said Lot One Hundred Forty-nine (149); thence North 54 degrees
22 minutes 13 seconds West 39.15 feet; thence South 55 degrees 50
minutes 12 seconds West 84.49 feet to the West line of said Lot
One Hundred Forty-eight (148); thence North 1 degree 02 minutes
55 seconds West 11.10 feet along said West line to the point of
beginning.
Filed. in Clerk's ®ffice
N 0 V 1 % 1~9~
LOgETTA J. DUDA
CITYCLERX, 80 6~h,D~ 1?3,
' ~ ~ ~ Area 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
December 16, 1998 ~ + ~ ~~t
(((JJJ i- ~~ 1 (~
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Patricia J. Adler to zone
from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area,
property located at 2374 and 2330 South Bend Avenue, City of South Bend - APC
#1892-98
Dear Council Members:
The above referenced ordinance and site development plan of Patricia J. Adler was
legally advertised December 3, 1998. The Area Plan Commission at its public
hearing on December 15, 1998, took the following action:
Upon a motion by Lloyd Taylor, being seconded by Joseph Serge and unanimously
carried, the proposed ordinance and site development plan of Patricia J. Adler to
zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and
Area, property located at 237 and 2330 South Bend Avenue, City of South Send is
sent to the Common Council with no recommendation.
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,~/~
~obe~C S te~
RWS:sr
Attachment
CC: Patricia J. Adler
CC: DZ 23 Properties
CC: David Ziker
CC: David Mirkin
Filed in Clerk's Office
DEG 1 l 1998
LOgETTA J. DUDA
CRYCLERK~ SO. BEPPI), It..
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
STAFF REPORT December 7, 1998
Patricia J. Adler 1892-98
Location: 2374 and 2330 South Bend
Avenue
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "A" Residential, "A" Height and Area to
"C" Commercial, "A" Height and Area to allow a
laundry pickup building.
EXISTING LAND USE: The property currently contains a single
family home.
SURROUNDING LAND USE AND ZONING: Located to the north are businesses zoned "C"
Commercial and "B" Business in the county and
single family homes zoned "R" Residential; to
the east and south are single family homes
zoned "R" Residential; and to the west are
businesses zoned "C" Commercial, "A" Height
and Area in the City of South Bend.
ACCESS: Access to the site is from S.R. 23.
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 25,770 square
feet. Of that, the buildings will occupy
2,605 square feet, or 10 percent of the site;
the parking and drives will occupy 13,247
square feet, or 51 percent of the site; and
9,918 square feet or 39 percent of the site
will remain as open space.
ENVIRONMENTAL DATA: A Check of the Agency's maps indicates that no
public wells, flood hazards, wetlands, or
environmental hazard areas are present.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: A drainage plan will be required by the City
Engineer at the final site plan stage.
In 1996 part of this site was zoned to "O"
Office and the remainder was given a special
use for parking. This zoning is pending a
final site plan. APC #1762-98
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 an
unfavorable recommendation. The proximity of
this site to many other commercial uses is
overshadowed by the need to protect the
character of the neighboring residential area.
This site sits on Maple Lane as part of a
solid row of residential homes. Any
commercial zoning encroachment east of the
STAFF REPORT December 7, 1998
current zoning line could encourage commercial
development in and around this residential
neighborhood and negatively affect the
character of the neighborhood. The City
Council, in approving the "O" Office zoning
and special exception for this site, did so in
order to provide a buffer between the
commercial zoning to the west and north and
the residential zoning to the east and south.
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REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA
T0: "C" COMMERCIAL, "A" HEIGHT & AREA
PETITION AREA
SOUTH BEND ZONING STJOSEPH CO. ZONING
"A" RESIDENTIAL O "8" BUSINESS D
"C" COMMERCIAL O "C" COMMERCIAL O
"O" OFFICE D "O" OFFICE O
"R" RESIDENTIAL O
APC #1892-98
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