HomeMy WebLinkAboutRezoning - 1710 Edison Rd
ORDINANCE No.
8835-97
Passed by the Common Council of the City of South Bend, Indiana
October 27. 19 g7
Attest:
Attest: ~~~
Presented by me to the Mayor of the City of South Bend, Indiana
October 28, 19
City Clerk
President of Common Council
97
City Clerk
Approved and signed by me Novenber 3, 19 97
Mayor
ORDINANCE NO. U U,.I~J~ t
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 1710 EDISON ROAD IN THE CITY OF SOUTH BEND,
INDIANA, 4661?.
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:
PARCEL I.
THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: LOTS 28 AND 29 OF THE PLAT OF "WOODED ESTATES" AS SHOWN IN PLAT
BOOK # 16, ON PAGES "W-5" AND "W-5a" IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDERS OFFICE.
CONTAINING 0.41 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS RESTRICTIONS AND EASEMENTS OF RECORD.
BE AND THE SAME IS HEREBY ESTABLISHED AS "O " OFFICE DISTRICT.
SEC~'ION 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 CO ON COUNCIL
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NOT APPROVED
REFERRED f~~~ PLAN
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DATE FILED APPLICATION NO.
DATE RECEIVED BY AREA PLAN COMMISSION
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I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION 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:
1?10 EDISON ROAD
SOUTH BEND, INDIANA 46617
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
TIBERIUS MIHALACHE
117 S. MAIN STREET
MISHAWAKA, INDIANA 46544
PHONE NUMBER (219) 256-3787.
3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE:
N.A.
4). TT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED
FROM "A" RESIDENTIAL, "A" HEIGHT & AREA
TO "O" OFFICE DISTRICT
5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). OFFICE BUILDING.
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; (C) FIVE (5) 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 R VERT
TO THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME
EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED.
SIGNED,
TI ERI S MIHALACHE
PETITIONED PREPARED BY AND CONTACT PERSON:
PEIRCE & ASSOCIATES
3231 SUGAR MAPLE COURT
SOUTH BEND, INDIANA 46628
PHONE NUMBER (219)-234-4003
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PEtRCE & ASSOCIATES
H. Douglas Peirce L.S.
Ronald Harner L.S.
Michael J. Danch L.A.
Michael A. Bramlett P.E.
Land Surveyors & Professional Engineers
Honorable Members of the City of August 4, 1997
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Rezoning Petition for Tibi Mihalache for property at
1710 Edison Road, South Bend, Indiana:
Dear Council Members:
Our clients are requesting the Rezoning of their property at 1710
Edison Road, South Bend, Indiana to allow for a two phase office
building development. The first phase of the development will be to
renovate the existing structure and use it for a small office
facility.
The second phase of the development will include the removal of the
existing building shown on phase one and replace it with a new office
building. The two development phases are shown on the attached site
plan.
Our clients believe the proposed small office facility proposed for
this site will create a nice land use buffer for the existing
residential area from the commercial uses located west and north of the
rezoning site.
If you have any questions concerning this matter, please feel free to
give me a call at 234-6061.
Sincerely,
Michael J. Dah
Vice President
Planning
File # 971001 Lewp Md Disk # 90
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CITY CL~:,i;, ~'C. 6~1,D, {"~.
3231 Sugar Maple Court, South Bend, Indiana 46628 219/234-4003 Fax 219/234-4119
208 West Mars, Berrien Springs, Michigan 49103 616/471-3010
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND:
Your Committee of the Whole, to whom was referred
BILL ND.
79-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 1710 EDISON ROAD IN THE CITY OF SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
is being sent to the Council with a favorable recommendation.
Sean Coleman
Chairman
Area Plan Commission of St. Joseph County
• , 1140 County-City Building •
South Bend, Indiana 46601
Robert W. Sante
Executive Director
Phone 219 235-9571
John W. Byorni
Assistant Director
Fax 219 235-9813
September 24, 1997
The Honorable Common Council + Ll__,
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Tiberius Mihalache to zone
from "A" Residential, "A" Height and Area to "O" Office, property located at
1710 Edison Road, City of South Bend - APC #1788-97
Dear Council Members:
The above referenced ordinance and site development plan of Tiberius Mihalache
was legally advertised September 11, 1997. The Area Plan Commission at its
public hearing on September 23, 1997, took the following action:
Upon a motion by Carl Littrell, being seconded by Henry Keultjes and unanimously
carried, the proposed ordinance and site development plan of Tiberius Mihalache
to zone from "A" Residential, "A" Height and Area to "0" Office, property located
at 1710 Edison Road, City of South Bend is sent to the Common Council with a
favorable recommendation, subject to a final site development plan. For phase
two of the development, the Commission recommends that the proposed building be
moved to the front of the property, which will also require that parking be moved
to the rear. The site is adjacent to "C" and "C-1" Commercial zoning to the
north & west. It is the Commission's opinion that "O" Office zoning would act as
a buffer between the commercial properties to the north and west and the
residential properties to the east and south.
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 erely, ' /
~~~~~ ~~~
Rober~~/W. ante
RWS:sr
Attachment
CC: Tiberius Mihalache
CC: Peirce & Associates
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
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Tiberius Mihalache 1788-97
Location: 1710 Edison Road
City of South Bend
REQUESTED ACTION:
EXISTING LAND USE:
SURROUNDING LAND USE AND ZONING
STAFF REPORT September 15, 1997
The petitioner is requesting a zone change
from "A" Residential, "A" Height & Area, to
"0" Office to allow an office building.
The property contains a single family home.
Located to the north is a gas station zoned
"C" Commercial, "A" Height & Area, to the east
are single family homes zoned "A" Residential,
"A" Height & Area, to the south are single
family homes zoned "A" Residential, "A" Height
& Area and to the west is a restaurant zoned
"C" Commercial, "D" Height & Area.
ACCESS: Access to the site is from Edison Road.
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 area to be rezoned for the site is
17,860 square feet. For phase I, the
buildings will occupy 1,435 square feet, or 8
percent of the site; the parking and drives
will occupy 3,545 square feet, or 20 percent
of the site; and 12,880 square feet or 72
percent of the site will remain as open space.
For phase II, the buildings will occupy 2,500
square feet, or 14 percent of the site; the
parking and drives will occupy 7,654 square
feet, or 43 percent of the site; and 7,706
square feet or 43 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: In 1989 a petition to rezone this property
from "A" Residential to "C" Commercial for a
travel agency, offices and a financial
institution was denied by the Common Council.
(APC 1235-89)
PRELIMINARY
STAFF RECOMMENDATION: Based on the information available prior to
the public hearing the Staff recommends that
,,
STAFF REPORT September 15, 1997
this petition be sent to the Common Council
with a favorable recommendation subject to a
final site plan. For phase two of the
development, the Staff recommends Chat the
proposed building be moved to the front of the
property, which will also require that parking
be moved to the rear. The site is adjacent to
"C" and "C-1" Commercial zoning to the north &
west. It is the Staff's opinion that "0"
Office zoning would act as a buffer between
the commercial properties to the north and
west and the residential properties to the
east and south.
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REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA,
T0: "0" OFFICE
PETITION AREA
SOUTH BEND ZONING
"A" RESIDENTIAL O
"B" RESIDENTIAL O
"C" COMMERCIAL
"C1" COMMERCIAL D
5T. JOSEPH CO. ZONING
"R" RESIDENTIAL
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APC #1788-97
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