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Home My WebLink About9948-09 Rezoning - 1351 and 1355 Pyle Avenue and the adgacent vacant lot lying to the north. - District 4ORDINANCE No. spa-0s Passed by the Common Council of the City of Soutli Bend, Indiana August 10, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana August 11, 2v 09 August 11, Approved and signed by me 20 09 City Clerk President of Common Council 20 ~ 9 City Clerk Mayer ORDINANCE NO. 1 ~(~g'~`~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT1351 AND 1355 PYLE AVENUE AND THE ADJACENT VACANT LOT LYING TO THE NORTH, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The purpose of the rezoning is to allow for the construction of an office building which will require a change in the zoning from SF1 Single Family and Two Family District to O Office District. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 9495-04, is 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: 1351 Pyle Ave. South Bend, IN 46615 Part of Lots Numbered One Hundred Ninety-three (193) and One Hundred Ninety-four (194) as shown on the recorded Plat of Edison Park Addition of the City of South bend, which part is bounded by a line running as follows, viz: Beginning on the Easterly line of said Lot 194 at a point 20 feet Southerly, measured along said Easterly line from the Northeast corner of said Lot; thence Southerly along the Easterly line of Lots 194 and 193, a distance of 56.56 feet; thence Southwesterly in a straight line 159.77 feet to a point on the Southwesterly line of said Lot 193 which point is 31.30 feet measured along said Southwesterly line from the Northwest corner of said Lot 193; thence Northwesterly and Northerly following the lines of said Lots, a distance of 81.36 feet to a point 20.70 feet South measured along the Westerly line from the northwest corner of said Lot 194; thence northeasterly in a straight line 174.05 feet to the place of beginning. 1355 Pyle Ave. South Bend, IN 46615 Part of Lots Numbered One Hundred Ninety-four (194) and One Hundred Ninety-five (195) as shown on the recorded plat of Edison Park, a subdivision now within a part of the City of South Bend, recorded in Plat Book 17, page E, described as beginning as beginning on the Easterly line of said Lot 195 at a point 10 feet Southerly measured along said Easterly line from the Northeast corner of said lot; thence Southeasterly along the Easterly lines of said Lots 195 and 194 a distance of 56.53 feet to a point 20 feet southerly, measured along said Easterly line, from the Northeast corner of said Lot 194; thence Southerly 174.05 feet to a point on the Westerly line of said Lot 194 from the Northwest corner thereof; thence North along the Westerly lines of said Lots 194 and 195, 78.61 feet; thence Easterly on a straight line 159.30 feet to the place of beginning. Vacant Lot Lot Lettered A as shown on the recorder Plat of Edison Lark Second Replat, recorded October 21, 1994 as Document Number 9439764 in the Office of the Recorder of St. Joseph County, Indiana. be and the same is hereby established as O Office District. 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. ember of the Common Council Attest: ity C rk Presented by me to the Mayor of the City of South Bend, Indiana on the ~ l -~ day of ~. , 2009, at 11~-~f" o'clock ~t_.m. ~~ City Jerk ~ ,~~ ~z Approved and signed by me on the ~~ day of , 2009, at 2 ' o o'clock~.m. 1 st READING b -~-a PUBLIG HEARING ~-~~'~~1 3 rd READING g'-CE~-~~ NOT APPROVED REFERRED A4D ~ (P'-~'0~ PASSED ~_~n_~, u~ ~~ ~1.~Y~'C'~'1~. ~V'nM~~S Filed In CI~r~;'s Ofifice n JUN - 3 2009 JOHN VOORDE CITY CLERK, S0. BEND, IN. r, City of with Bend, Indiana TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 45-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1351 AND 1355 PYLE AVENUE AND THE ADJACENT VACANT LOT LYING TO THE NORTH, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation with 2 written commitments. 1. To provide attractive fencing(wooden) as a buffer around the retention area. 2. To provide 6 ft evergreen trees every 2 '/z feet as opposed to the 25 foot minimum. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission Application No. 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: 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north 2.) Name and address and phone no. of property owner(s) of the petition site: Tiberius &Sorin Mihalach 53059 Trinity Court Elkhart, Indiana 46514 574-255-7272 3.) Name and address and phone no. of contingent purchaser(s), if applicable: none 4.) It is desired and requested that this property be rezoned from SF1 Single Family and Two Family District to O Office District 5.) This rezoning is requested to allow the following use(s): The construction of an office facility. 6.) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petitioned property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes str, et names, printed in 8'/ X 11. ~~ Tiberius Mihalach Sorin Mihalach 53059 Trinity Court 53059 Trinity Court Elkhart, Indiana 46514 Elkhart, Indiana 46514 Petition Prepared By: Lang, Feeney & Associates, Inc. J. Bernard Feeney 715 South Michigan Street South Bend, Indiana 46601 574-233-1841 C=~jnr= .:: ~. ..... ~:i;~:d j_ _._.~.____-----~._--_"~ JUN - 3 ~~~~ JOl ~E; V4G~suc cirr c~F~x, so. ~e~~~, i;a. 024-1001-0120 024-1001-0121 024-1001-0122 RICHARD J & LISA J ANDRYSIAK JEROME MC INTOSH LOI H TU & THI DANH HUONG 2517 EDISON RD 2S 11 EDISON RD 2501 EDISON RD SOUTH BEND IN 46615 SOUTH BEND 1N 46615 SOUTH BEND IN 46615 024-1001-0126 TAMARA L ROSSOW 2512 GORDON CR SOUTH BEND IN 46635 024-1001-0127 WOLF ANNETTA R REVOCABLE TRUST ZS08 GORDON CR SOUTH BEND IN 46635 024-1001-0125 ANNA B REYNOLDS 2516 N GORDON CIRCLE SOUTH BEND IN 46637 024-1001-0459 UNITED STATES OF AMERICA POST OFFICE SOUTH BEND IN 46635 018-5155-586801 E A MCCLURE P.O. BOX 1750 MARION IN 46952 018-5155-5870 CONNIE J PEARSON 1318 CHVVIES BLVD SOUTH BEND IN 4661 S 018-5155-5873 GEORGE M & ETHEL SCARBERRY 1306 CHIMES BL SOUTH BEND IN 46615 018-5155-5913 LAURA R PERKINS 1343 PYLE AV SOUTH BEND IN 46615 018-5155-5940 PATRICK R HURTEKANT 2504 EDISON RD SOUTH BEND IN 46615 024-1001-0396, 0397 LOCAL 364 BLDG CORP 2405 EDISON RD SOUTH BEND IN 46615 018-5155-5868 CLEMENT PROPERTIES LLC 3930 EDISON LAKES PKWY MISHAWAKA IN 46545 018-5155-5871 ORLEN H AND JOAN MARIE BILTZ 1314 CHII~fES BLVD SOUTH BEND IN 46615 018-5155-5874 SHERYL L HOVER 1302 CHIVIES BL SOUTH BEND 1N 46615 018-5155-5912 RYAN T & SUSAN M GREUTMAN 1339 PYLE AVE SOUTH BEND IN 46615 018-5192-7530 JOHN F BOURTHOUMIEU 1356 PYLE AVE SOUTH BEND IN 46614 018-5192-7532 018-5192-7533 MAURICE AND QUEENIE PROSTMAN NICHOLAS L BERKEBILE 1344 PYLE AVE 1340 PYLE AVENUE SOUTH BEND IN 46615 SOUTH BEND IN 46635 018-5155-5939 018-5192-7535 MARK A WACKER ESMIR & MELANIE L KRIVDIC 2514 EDISON RD 2515 MACARTHUR AVE SOUTH BEND IN 46615 SOUTH BEND IN 46615 024-1001-0394,0395 J PATRICK MCGANN 2313 E EDISON RD SOUTH BEND IN 46615 018-5155-5869 IRVIN J AND HELEN A MANUSZAK 1322 CHIMES BL SOUTH BEND IN 46615 018-5155-5872, 018-5192-7553 GALEA AGOSTINO 2212 S FRANKLIN SOUTH BEND IN 46613 018-5155-5914 CONNER H CLAY IV 1347 PYLE AVE SOUTH BEND IN 46615 018-5155-5911 BETH A HOLLISTER 1335 PYLE AV SOUTH BEND IN 46615 018-5192-7531 WILLIAM BLAUVELT 17631 COB$LESTONE CT. SOUTH BEND IN 46635 018-5192-7S34 DALE UHL ZSOS MAC ARTHUR SOUTH BEND IN 46615 018-5155-5938 JANET M GRAEBER 2518 E. EDISON ST. SOUTH BEND IN 46615 018-5153-578901 018-5153-569003 018-5153-5789 C WESLEY MAGNUSON JR ERNEST S & DOROTHY A RICK B YOUNG 1331 CHIMES BLVD NOWOSTAWSKI 1317 CHIMES SOUTH BEND IN 46615 1321 CHIMES BLVD SOUTH BEND IN 46615 SOUTH BEND iN 46615 018-5153-5788 BRADLEY W & B LYNN CLEAR 1313 CHIMES BLVD SOUTH BEND IN 46615 018-5153-5786 BRUCE ALLEN AND SANDRA JEAN SMITH 1305 CHIMES BL SOUTH BEND IN 46615 018-5155-5910 RICHARD E. AND ESTHER L. STANTON 1324 PYLE AVE. SOUTH BEND IN 46615 018-5153-5690 RICHARD R & ERICA L BROECKER 1625 BELMONT AV SOUTH BEND IN 46615 024-1001-0119 MESHACK O. & ANGELA OSIRO 2521 EDISON RD SOUTH BEND IN 46615 018-5155-5937 MARY M FARRELLA 2522 E EDISON RD SOUTH BEND IN 46615 018-5153-5787 MARGARET OROSS, MARTHA POCZA GABRIELLA GRAMMATIC MARTHA CSATLOS LIFE ESTATE 1309 CHIMES BLVD SOUTH BEND IN 46615 ~~~ a i cis=~~~ ~~~~C~ JUN - 3 2009 CITY Ci,E:~!i, S0. E , , ~/ WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. June 2, 2009 City of South Bend Common Council 4`" Floor, County-City Building South Bend, Indiana 46601 Re: Rezone Petition Statement ofIntent for: 1351 ad 1355 Pyle Avenue To the Common Council, The petitioned parcel is located at 1351 ad 1355 Pyle Avenue in South Bend. The parcel is currently zoned SF1 Single Family and Two Family District and is vacant. The petitioner wishes to locate an office facility. In order to achieve this, a rezoning to O Office District shall best suit this facility. Sincerely, '~ i(.t.riw~ -- ~ 2009 L_. _., _..._.._..._..m_.. LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING • CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374 SUB-DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 July 22, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 1ZE: A proposed ordinance and site development plan of Tiberius &Sorin Mihalache to zone from SF1 Single Family and Two Family District to O Office District, property located at 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north, City of South Bend - APC# 2520-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Tiberius &Sorin Mihalache was legally advertised on Thursday, July 9, 2009 and that the Area Plan Commission at its public hearing on Tuesday, July 21, 2009 took the following action: Upon a motion by John McNamara, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance and site development plan of Tiberius &Sorin Mihalache to zone from SF1 Single Family and Two Family District to O Office District, property located at 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north, City of South Bend is sent to the Common Council with an unfavorable recommendation. The rezoning would intrude too deep into an established single family residential neighborhood. Office uses to this depth would adversely impact the residential uses on the east side of Pyle Avenue as well as the properties bordering this area to the south. The O Office district allows for higher intensity uses that are not compatible with the surrounding single family neighborhood. The impact on the neighborhood could also come from commercial traffic generated by this site traveling through the surrounding residential azeas. 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. Sincerely, ~un U~- 9~~~~~Q~~ E//F6hn W. B orni J y JWB:jsc Attachment CC: Tiberius &Sorin Mihalache Lang, Feeney & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana J U L 2 2 2009 Cl ~_ :t~s~n `1~~y: CtT~ _~- /' Staff Report APC # 2520-09 Owner: Tiberius &Sorin Mihalache Location: 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF1 Single Family and Two Family District to O Office District to allow for the construction of an office building Land Uses and Zoning: On site: On site is one vacant lot on the north end, and two single family homes on the south end, zoned SF1 Single Family and Two Family District North: To the north is a United States Post Office, and an office building zoned CB Community Business District. East: To the east are single family homes zoned SF1 Single Family and Two Family District. South: To the south are single family homes zoned SF1 Single Family and Two Family District West: To the west is a vacant lot and a gas station zoned CB Community Business District. District uses and development standards: The "O" Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and, other uses which are generally compatible in physical appeazance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. Site plan description: The site is approximately 0.76 acres. 31 parking spaces have been proposed on the northern portion of the lot. Parking and drives consist of 40.5% of the site. A 6,336 square foot building is proposed for the site, which accounts for 19.2% of the site. The remaining 40.3% of the site is open space. Zoning and land use history & trends: In 1994, a portion of the subject property (Lot A) located on the southwest corner of Edison Rd. and Pyle Ave., was rezoned from Residential to Office. The subject property reverted back to Residential due to lack of development. In 2005 the subject property was petitioned to be rezoned from SF1 Single Family & Two Family District to MU Mixed Use District. This petition was denied by the City Council. Traffic and transportation considerations: Edison Rd. has four lanes. Pyle Ave. has two lanes. Utilities: City water and sewer is available. Additional information: (Agency comments) City Engineer: Change entrance to Edison Road. Drainage approval is needed. Tiberius &Sorin Mihalache #2520-09 Page 1 of 1 1. Comprehensive Plan: Policy Plan: Objective LU 2: Encourage a compatible rnix of land uses in the community. Policy LU 2.4: Provide buffer spaces between non-compatible land uses. Objective H2: Maintain South Bend's housing stock in good condition. Policy H 2.5 Pursue alternatives to the demolition of structurally sound housing. This petition is not consistent with the City of South Bend Comprehensive Plan (City Plan). The petition involves the demolition of two seemingly structurally sound single family homes, and offers inadequate buffering. Land Use Plan: City of South Bend Comprehensive Plan, November 2006 Future Land Use Plan: The map shows this property as residential. The rezoning is not consistent with the Future Land Use Map. Current conditions and character: The petitioned property is located at the northern and western edge of a single family residential neighborhood. The area centered around the intersection of Ironwood Rd. and Edison Rd. consists of commercial and office uses. Commercial and office uses continue east from Ironwood to the western border of the petitioned property as well as to the north of Edison Rd from the petitioned property. 3. Most desirable use: The most desirable use for this property is maintain the existing single family homes .with a possible small office use on the northern vacant lot. 4. Conservation of property values: The approval of this rezoning may have a negative impact on surrounding residential property values. 5. Responsible development and growth: It is responsible development and growth to allow sites to be appropriately redeveloped in keeping with the surrounding area, but at the same time preserving neighborhood stability while protecting entryways. Recommendation: Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. Analysis: The rezoning would intrude too deep into an established single family residential neighborhood. Office uses to this depth would adversely impact the residential uses on the east side of Pyle Avenue as well as the properties bordering this area to the south. The O Office district allows for higher intensity uses that are not compatible with the surrounding single family neighborhood. The impact on the neighborhood could also come from commercial traffic generated by this site traveling through the surrounding residential areas. Tiberius & Sorin Mihalache #2520-09 Page 2 of 2 I p W r +r r c ~ ~ P~ ~ p -I t1t y ` ~ ~f.~.~s ~ ~~ ~~iY ~ttt S~ ~C ' ~sc. ~~ ~ ' ~ ~. ~ y,~~y,~ ~ ~ ~ ~ G ~ . 1 1"t. t ~ { ~i x T i._~~4a4, 4.~ "`t ` ~ - ~ -` SF1 C SF1 c ~ 'G ~ L ~ w `` Y Ket te ri F y .r Edison Edi ~, ~. ~e ~~~ ~e 1 ~~ Oak Park ~ ~ ~ ~ ~ SF ~P SF 3 ~ ~ 3 ~ \ r~ ~ ,~oi ~ ~ ~ U~ ~P ~ 'i0 rO~} SF 4A~ ~ ~' Rezoning from: 'SFi~' SIl~GLE FAMILY & T1Nt] FAMILY DISTRICT to "t]-" t~FFICE DISTRICT Zoning Key SOUTH BEND "SF1" SINGLE FAMILY &TWO FAMILY SOUTH BEND "OB' OFFICE BUFFER SOUTH BEND "LB"LOCAL BUSINESS _~= SOUTH BEND "CB" COMMUNITY BUSINESS N Wat:~~~FE °T` s 1 inch = ~Q~ feet