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Home My WebLink AboutRezoning - 2503 Mishawaka AveORDINANCE No. 0ae,-~ Passed by the Common Council of the City of South Bend, Indiana February 9, 19 98 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 10, 19 98 City Clerk Approved and signed by me February 10, 19 98 Mayor ORDINANCE NO. U I> U,~" ~C~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2503 MISHAWAKA 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. Joseph County, State of Indiana: A PARCEL OF LAND BEING A PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS NUMBERED 107, 108 AND 109 AS SHOWN ON THE PLAT FOR THE FIRST ADDITION OF BERNERS GROVE RECORDED JULY 21, 1900 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 7, PAGE 72. be and the same is hereby established as C-Commercial, E, Height and Area to allow for a private club. 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 ~z~0 ~~ PUBLIC HEARING ~- ~J- 3 rd READING ~ - 9 _ 9 NOT APPROVED REFERRED PASSED ~,~_ ~_ g Filed in Cleriz's Office OEC - 3 1997 LOAETTE+J. r]UBA cmrcl.EAtcR so. aEeaa, Ira CONIlVIITEE REPORT TO THE CONIMON COUNCII. OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 127-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCAT)D AT 2503 MISHAWAKA AVENUE IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably. John Broden Chairman 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: 2503 Mishawaka Avenue South Bend, IN 46615 (Northeast corner of Mishawaka Avenue and 25th Street) 2) Name and address of property owner(s) of the petition site: Creative Teaching, Inc. 2503 Mishawaka Avenue South Bend, Indiana 46615 3) Name and address of contingent purchaser(s), if applicable: American Legion Post 303 2410 Mishawaka Avenue South Bend, Indiana 46613 4) It is desired and requested that this property be rezoned from C-Commercial E ,Height and Area to C-Commercial E ,Height and Area to allow for a private club. 5) This rezoning is requested to allow the following use (s): The use of the building for meetings of local American Legion Post 303 members. The occasional use of the building for private banquets. 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) 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 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 the final site plan maybe requested. -. vV , William Grossnickl Terry o Owner, Creative Teaching, Inc. Secretary-Treasurer, American Legion Post 303 Present Owner Authorized Representative PETITION PREPARED BY: BOSH Design Group, Inc. 113 Lincoln Way West, Suite 200 Mishawaka, IN 46544 Attn: Mr. Bi110wen, President Filed i~ C1erI~'s Office DEC - 3 1997 LOR87TA J. DUDA CITY CLERKS SO. ®END, Ira. =+~ Alrea 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 January 21, 1998 The Honorable Common Council ~I! ~ ~, ~~~ City of South Bend L County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site. development plan of Creative Teaching, Inc. to zone from "C" Commercial, "E" Height and Area to "C" Commercial, "E" Height and Area, property located at 2503 Mishawaka Avenue, City of South Bend - APC #1815-97 Dear Council Members: The above referenced ordinance and site development plan of Creative Teaching, Inc. was legally advertised January 8, 1998. The Area Plan Commission at its public hearing on January 20, 1998, took the following action: Upon a motion by Joseph Serge, being seconded by Carl Littrell and unanimously carried, the proposed ordinance and site development plan of Creative Teaching, Inc. to zone from "C" Commercial, "E" Height and Area to "C" Commercial, "E" Height and Area, property located at 2503 Mishawaka Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. In general the Commission would not recommend locating a meeting and banquet hall near a residential area, due to concerns over the impact of related noise and traffic. However, there are circumstances that make this petition somewhat unique. Currently, the American Legion Hall is on the south side of Mishawaka Avenue about one-half block west of the petition area, where it borders a residential neighborhood. The American Legion has very little parking available at this location, while the proposed location has 27 spaces on-site with an additional 33 spaces approved off-site by the City Board of Zoning Appeals. Therefore, the relocation of the Legion Hall should reduce the potential congestion caused by the lack of parking. When commercial and residential areas border each other, care has to be taken to balance the goals of retaining existing businesses and providing a strong business climate with those of preserving and protecting the city's residential areas. It is the Commission's opinion that this rezoning can meet these goals by allowing an existing neighborhood business to relocate to a site that has better facilities for its operation. 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 rely, _ ..., v-.-... '~_r ~.w ~~ ~ 'r _ I n ~~W f ~ . c obert W. Sante ~ ~ `~~'"~ 2 ~Qv~ ~ _ RWS : sr ~~~ `~~° ~ - a Attachment Ci o ~ ~'.. -:.:., ~ ... _ ..:.. ,' . CC: Creative Teaching, Inc. - American Legion ~Pvst°"30'3' ='°'BOSHm~Desigri'4 "~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~, J STAFF REPORT January 12, 1998 Creative Teachincr, Inc. 1815-97 Location: 2503 Mishawaka Avenue City o£ South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C" Commercial, "E" Height and Area to "C" Commercial, "E" Height and Area to allow for a private club, meeting hall and banquet facility. EXISTING LAND USE: The property contains a commercial building. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes zoned "A" Residential, "A" Height and Area; to the east are single family homes zoned "B" Residential, "A" Height and Area; to the south are offices and commercial businesses zoned "C" Commercial, "E" Height and Area; and to the west is a bank zoned "C" Commercial, "D" Height and Area. ACCESS: Access to the site is from 25th Street. 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 16,256 square feet. Of that, the building will occupy 5,808 square feet, or 36 percent of the site; the parking and drives will occupy 9,065 square feet, or 55 percent of the site; and 1,383 square feet or 9 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: Drainage will need to be addressed at the Final Site Plan stage. PRELIMINARY STAFF RECOMMENDATION: Based on the information available prior to the public hearing, the Staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. While the property is currently zoned "C" Commercial, a rezoning for the proposed use in this location could be detrimental to the adjacent residential area since a meeting hall and banquet facility has the potential to be a much more intensive use than the approved retail use. It is the Staff's opinion that this increased activity would significantly impact the nearby residential area. N ~~ M N z ~- ~- N N ~ ~~ N 2 S - ... ~- r- ~ ~ ~ cn r` J mss. ai. N N 0 PETITION AREA AV E . '~ WALL N ~~ F- N z - ~r -- N VI ~- 2 t- N f~'T'1 ~- ~ ~ S _ ~.._. F- ~ ~ N N ~__ REZONING FROM: "C" COMMERCIAL, "E" HEIGHT & AREA T0: "C" COMMERCIAL, "E" HEIGHT & AREA PETITION AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL D "B" RESIDENTIAL (MULTI-FAM.) O "C" COMMERCIAL D 1V APC # 1815-97 0 100 200 400 iii ~i~-- ~ Graphic Scale MISHAWAKA BB