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Home My WebLink AboutRezoning - 1329 West IndianaORDINANCE No. ~~.9a Passed by the Common Council of the City of South Bend, Indiana March 12. 19 g8 Attest: Attest: March 16, Presented by me to the Mayor of the City of South Bend, Indiana March 13, City Clerk President of Common Council 19 98 Ciry Clerk Approved and signed by me 19 9s Mayor s~C.~-Y~ild~i/~------~ ,. ORDINANCE NO. D ~ 1 V AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1329 WEST INDIANA 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: 40 FT W END LOT 66 & 67 J A SWYGARTS REPL G W SWYGARTS 3RD ADD Key No. 18-8058-2299 be and the same is hereby established as "C" Commercial, "E" 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. Member of the Common Council 1st READi~lG ~-~ ~.L ' CJ PUBLIC HEAR(NG3-~I~- f 3rd READING3~-~~.~ NOT APPROVED REFERRED PASSED J.- /~ , Cr 8' Filed in Cieris'v O~tic~ DEC 3 0 i~~7 LOR¢'"R"d~ 1, v~.~ COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 3-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1329 WEST INDIANA 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 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: 1329 West Indiana Avenue, South Bend, Indiana, 46613. 2) The name and address of the property owner of the petition site: Tom Uzelac 2008 S. William South Bend, IN 46613 3) It is desired and requested that this property be rezoned from "A" Residential, A height and area to "C" Commercial, E height and area 4) This rezoning is requested to allow the following use: The existing building will be used as an office and storage for a heating, air conditioning and plumbing business. Further, the owner may possibly desire to rent out the apartment in the rear portion of the existing building. 5) 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. 6) By signing this petition, I 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 the final site plan maybe requested. ~ South Bend, IN 219-232-5883 Attorney for Tom Uzelac Petition Prepared by: Mitchell R. Heppenheimer (7679-71) 704 West Washington South Bend, IN 46601 219-232-5883 Filed ir, ~ieri;'s Office OEC 3 R y~~? ri~~i~~fi;.4u. 4~;~~~ 6Fa. Application No. .. 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 February 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 I~,I i1 N0 3 ~ ~ RE: A proposed ordinance and site development plan of Tom Uzelac to zone from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 1329 W. Indiana Avenue, City of South Bend - APC #1820-98 Dear Council Members: The above referenced ordinance and site development plan of Tom Uzelac was legally advertised February 5, 1998. The Area Plan Commission at its public hearing on February 17, 1998, took the following action: Upon a motion by John McNamara, being seconded by Carl Littrell and unanimously carried, the proposed ordinance and site development plan of Tom Uzelac to zone from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 1329 W, Indiana Avenue, City of South Bend is sent to the Common Council with an unfavorable recommendation. According to the Rum Village Neighborhood Action Plan, which was created as a guide for future development in this area, the petition site and the area surrounding it are to be set aside for single family homes. In addition, this site was previously rezoned from "D" Light Industrial to "A" Residential, making the property at that time a legal nonconforming use. When nonconforming uses are created through a rezoning action, the intention is that the nonconforming use will eventually cease and that the property will be put to a use that is allowed in the new zoning district. It is the Commission's opinion that this rezoning would constitute a spot zoning, and would be in conflict with the goals of the Rum Village Neighborhood Action Plan, and would not be in character with the surrounding 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. Sincerely, ~~~~~~~~ obe t W. Sante RWS:sr Attachment CC: Tom Uzelac Mitchell R. Heppenheimer -___--.-..._ ~.-__. m_ ..~...,_. ~=i6~~ ~tg ~r~~~` ~3a~s~ FEQ 1 i•w 1~9a LOi;'1ir~J. D'Jy CIiY Ct.rFt`,. `~O. E"t;D, It!. g Serving South Send, LakeviNe, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Iq STAFF REPORT February 9, 1998 Tom Uzelac 1820-98 Location: 1329 W. Indiana Avenue City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area, to "C" Commercial, "E" Height and Area, to allow for an office and storage for a plumbing business. EXISTING LAND USE: The property contains a small commercial building. SURROUNDING LAND USE AND_ZONING : Located to the north are single family homes and vacant land zoned "A" Residential, "A" Height and Area; to the east are single family homes and vacant land zoned "A" Residential, "A" Height and Area; to the south are single family homes and vacant land zoned "A" Residential, "A" Height and Area; and to the west are single family homes and vacant land zoned "D" Light Industrial, "A" Height and Area. ACCESS: Access to the site is from Swygart Avenue. 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 4,000 square feet. Of that, the buildings will occupy 1,970 square feet, or 49 percent of the site; the parking and drives will occupy 540 square feet, or 14 percent of the site; and 1,490 square feet or 37 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: all areas with usage as part of the parking area shall be asphalt or concrete surface. Drainage will be required to be addressed at the Final Site Plan stage. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the Staff recommends that this petition be sent the Common Council with an unfavorable recommendation. According to the Rum Village Neighborhood Action Plan, which was created as a guide for future development in this area, the petition site and the area surrounding it are to be set aside for single family homes. In addition, this site was STAFF REPORT February 9, 1998 previously rezoned from "D" Light Industrial to "A" Residential, making the property at that time a legal nonconforming use. When nonconforming uses are created through a rezoning action, the intention is that the nonconforming use will eventually cease and that the property will be put to a use that is allowed in the new zoning district. It is the Staff's opinion that this rezoning would constitute a spot zoning, and would be in conflict with the goals of the Rum Village Neighborhood Action Plan, and would not be in character with the surrounding area. • ~ ~ ~ can --------------~ o ~ ~ 3 _--J RAILROAD ' ~. u i ~ . Q II )N ~ AVE. ~, AVE. Q C7 3 I~~ ~\~ I ~`~~ I I P~P~ 0 J Z Q PJ DUBAIL AVE. REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA T0: "C" COMMERCIAL, "E" HEIGHT & AREA PETITION AREA ~JTHBEND _ EXISTING ZONING "A" RESIDENTIAL "B" RESIDENTIAL "C" COMMERCIAL "D" LIGHT INDUSTRIAL "E" HEAVY INDUSTRIAL 4 APC # 1820-98 0 100 200 .400 r- Graphic Scale