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Home My WebLink AboutRezoning - Property located at 150 West Angela... ~- ORDINANCE No. a~z-~ Passed by the Common Council of the Ciry of South Bend, Indiana April 13, 19 ~.g- Attest: Attest: Ciry Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 14, 19 98 City Clerk Approved and signed by me April 15 , 19 98 Mayor ~c ORDINANCE NO. U I y ~' / 0 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 150 WE5T ANGELA, 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 a 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 362, 363, 364 Hillcrest Addition and west %2 of vacated alley -east and adjacent 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. ~1~wo1'Iti~ Member of the Common Council 1st READINGp~' ' ~U PU6LlC HEARING -~~ j-~~ 3rd READING `1 '~.3_~1 p' NOT APPROVED f ~ P.EFERRED PASSED ~ !,?, ilj ~.S S ~~T /~ TC .~ t~slec~: i,~~ z~,~ ~~~~c^ FEES 2 i iQ9~ Ry~l''^~pW^t; L~~3 1'; COMMITEE REPORT TO THE COMMON COUNCII. OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 22-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 150 WEST ANGELA, 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, as substituted. John Broden 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: I50 W. Angela, South Bend, Indiana 2) Name and address of property owner(s) of the petition site: Dr. James Ser~vatka 63480 Iromvood Rd., South Bend, 1N 46614 (219)299-7342 Armand Rigaux 420 Avenue f , Bogalusa, l~A 70427 (504)732-0058 3) Name and address of contingent purchaser(s), if applicable: not applicable 4) , It is desired and requested that this properly be rezoned from "B" Residential, B height and Area to "O" Office 5) This rezoning is requested to allow the following use(s): Professional Oft ice 6) /Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all j~roperty 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, [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_classi>ication. l)nder certain circumstances, a time extension on the submittal of the final site plan may be requested. /// (` Signature(s) of All Property Owner(s) or Attorney for All Property Owner(sl PI~TITION PRIPAR[?D BY: '~ - (;ai) Alcxandcr G20 VV. f;dison Road x(100, Mishawaka, IN 46515 (219) 255-5858 1 i ~rlr~!:19¢6' U..Fe~to:e.~: ~d8s~.~~~' FEES 2 7 ~ 1.~~ • 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 March 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Filed in Clerk's Office ~ ~:~~ '~ $ 1~4~ LORETTA J. OUDA CITYCLERK, ~O.8E1!iID, ltJ. 13iu No. a2-9 X RE: A proposed ordinance and site development plan of James Serwatka and Armand Rigaux to zone from "B" Residential, "B" Height and Area to "O" Office, property located at 150 W. Angela Blvd., City of South Bend - APC #1832-98 Dear Council Members: The above referenced ordinance and site development plan of James Serwatka and Armand Rigaux was legally advertised March 5, 1998. The Area Plan Commission at its public hearing on March 17, 1998, took the following action: Upon a motion by Willie Morgan, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of James Serwatka and Armand Rigaux to zone from "B" Residential, "B" Height and Area to "O" Office, property located at 150 W. Angela Blvd., City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. There is an existing office building on the site. It is the Commission's opinion that "0" Office zoning is appropriate for this site as it will act as a transition from the high school located to the north and the bank to the east to the single family homes to the south and west. However, the Commission would not recommend further encroachment of "O" Office zoning into the surrounding 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. Sin re y, ,~ o e t Sa e- RWS:sr Attachment CC: James Serwatka and Armand Rigaux CC: Armand Rigaux CC: Gail Alexlander Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT March 9, 1998 James Serwatka and Armand Riaaux 1832-98 Location: 150 W. Angela Blvd. City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "B" Height and Area to "O" Office to allow a professional office. EXISTING LAND USE: The property contains an office. SURROUNDING LAND USE AND ZONING: Located to the north is St. Joseph High School zoned "A" Residential, "A" Height and Area; to the east across the vacated Penn Central Rail Road right-of-way is a bank zoned "C-1" Commercial, "C" Height and Area; to the south are single family homes zoned "A" Residential, "A" Height and Area; and to the west are single family homes zoned "A" Residential, "A" Height and Area. ACCESS: Access to the site is from Otsego 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 16,000 square feet. Of that, the buildings will occupy 3,300 square feet, or 21 percent of the site; the parking and drives will occupy 6,300 square feet, or 40 percent of the site; and 6,300 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, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: A drainage plan will be required at the Final Site Plan stage. In 1970, this site was rezoned from "A" Residential, "A" Height and Area to "B" Residential, "B" Height and Area for a doctor's office. (APC 152-70) In 1973, this site was rezoned from "B" Residential, "A" Height and Area to "B" Residential, "A" Height and Area to allow the expansion of the existing building for the addition of a third doctor's office (APC 330-73). 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 _-~ •, STAFF REPORT March 9, 1998 with a favorable recommendation, subject to a Final Site Plan. There is an existing office building on the site. It is the Staff's opinion that "O" Office zoning is appropriate for this site as it will act as a transition from the high school located to the north and the bank to the east to the single family homes to the south and west. However, the Staff would not recommend further encroachment of "O" Office zoning into the surrounding residential area. •. ~.. I ~ . I I I I I I ~-' _~ CITY a~~ Q~~ ~~ ~~ ~~ ,,.,.,~ -~.~-s.~,,, ....., ..... SOUTH BEND ANGELA s r c~ '~ OSTEMO AVE. I ~ I ~~ 0 0 ~a mm mm HIGH SCHOOL /~~Q PETITION AREA a l~ 11 ° POKAGON ~ 0 -, o ~'o ~~ ST. z _ -- D° Q REZONING FROM: "B" RESIDENTIAL (MULTI-FAM.), "A" HEIGHT & AREA T0: "0" OFFICE PETITION AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL C~ "B" RESIDENTIAL (MULTI-FAM.) O "C1" COMMERCIAL D ST. JOSEPH COUNTY ZONING "A" AGRICULTURAL D IV APC # 1832-98 0 100 200 400 Graphic Scale