HomeMy WebLinkAboutBill 38-96 Amending zoning at 601 Blaine AveORDINANCE NO._________
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 601 BLAINE AV
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:
Key Number 18 1036 1572
Lot 8
Klingels Mich Ave Add
Sub of D&F
be and the same is hereby established as "A-3" Mixed Use Multifamily
Residential and Commercial District, "A" Height and 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
�n` -1 1 L
Date Filed 21 May, 1996
Revised 1/92
Application No._______
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:
601 North Blaine Avenue
South Bend, Indiana 46616
(located one lot North of 537 Blaine Av.
2) Name and address of property owner of petition site:
Clarence Blakley
537 Blaine Avenue
South Bend, Indiana 46616
Telephone number (219) 232-2875
3) Name and address of contingent purchaser, if applicable:
N/A
4) It is desired and requested that this property be rezoned
from "B" Residential District , "B" Height and Area
to "A-3" Mixed Use Multifamily Residential and Commercial
District, "A" Height and Area.
5) This rezoning is requested to allow the following use(s) :
Mobile food service commissary kitchen/ servicing area and/or
open-air restaurant.
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 envelops 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 (1) year following the
approval of the 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 may be
requested.
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KEY NUMBER 18 1036 1572 601 BLAINE A ve.
LOT 0 SOUTH BEND, IN 46616
KLINGELS MICH AVE ADd"
SUB OF OAF
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Filed In Clerk-.s Office
MAY 2 2 1996
LOR
C J. OWA
. SEND, IN.
AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN
RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director
1.140 COUNTY -CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235 -9571 FAX (219) 235 -981
July 17, 1996
The Honorable Common Council
City of South Bend
County -City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Clarence Blakley to zone
from "B" Residential, "A" Height and Area to "A -3" Mixed Use Multifamily and
Commercial, "A" Height and Area, property located at 601 N. Blaine Ave, City of
South Bend - APC #1722 -96
Dear Council Members:
The above referenced ordinance and site development plan of Clarence Blakley was
legally advertised July 4, 1996. The Area Plan Commission at its public hearing
on July 16, 1996, took the following action:
Upon a motion by John DeLee, being seconded by Henry Reultjes and unanimously
carried, the proposed ordinance and site development plan of Clarence Blakley to
zone from "B" Residential, "A" Height and Area to "A -3" Mixed Use Multifamily and
Commercial, "A" Height and Area, property located at 601 N. Blaine Ave, City of
South Bend is sent to the Common Council with an unfavorable recommendation. The
petition area is residential in character and is bordered on all sides by "B"
Residential zoning. A commercial use is not appropriate for a residential
neighborhood. In addition, the. "A -3" zoning district is intended for areas in
close proximity to the downtown area where a transition between the intensive
commercial uses of the Central Business District and the outlying residential
areas should occur, not in the middle of a residential neighborhood. The
location of a restaurant in a residential area has the potential to create noise,
traffic, odor and other effects that may be disturbing to surrounding residents.
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.
Y oberere y,
t W. Sante
RWS:sr
Attachment
CC: Clarence Blakley
Filed in Clerk's Office
EJU L 1 7 1996
LORETTA J. DUDA
CITY CLERK, SO. BEND, IN.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County,
STAFF REPORT July 8, 1996
Clarence Blaklev 1722 -96
Location: 601 N. Blaine Ave
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "B" Residential, "A" Height and Area to
"A -3" Mixed Use Multifamily and Commercial,
"A" Height and Area to allow a mobile food
service commissary kitchen /servicing area
and /or open -air restaurant.
EXISTING LAND USE: The property contains a vacant lot.
SURROUNDING LAND USE AND ZONING: Located to the north are single family homes
zoned "B" Residential, "A" Height and Area; to
the east are single family homes zoned "B"
Residential, "A" Height and Area; to the south
are single family homes zoned "B" Residential,
"A" Height and Area; and to the west are
single family homes zoned "B" Residential, "A"
Height and Area.
ACCESS:
Access to the site is from Blaine 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 5100 square
feet. Of that, the buildings will occupy 2000
square feet, or 39 percent of the site; the
parking and drives will occupy square
feet, or percent of the site; and
—
square feet or _ 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:
Parking off an alley or uncontrolled access
- egress to private property is prohibited by
the Municipal Code section 20 -65.
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REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT & AREA
TO: "A -3" MIXED USE, "A" HEIGHT & AREA
PETITION AREA
SOUTH BEND ZONING
"A" RESIDENTIAL
"B" RESIDENTIAL
"C" COMMERCIAL O
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Date Filed 12 August, 1996
Re: Continuance
I Clarence Blakley, the resident at 537 Blaine Ave., South Bend, IN, 46616,
telephone number (219) 232 -2875; request that my Petition Number 38 -96
to amend the zoning ordinance be continued indefinitely.
of property olArner
F11ed in Clerk's Office
►� 1 1996
LOpE1^(A J. OWA IN.
CIT( CLERK, sM BEM
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NOTE:
In May of 1996, several contractors filed for
residential tax abatement. At that time, the validity
of the residential tax abatement areas was being
questioned. As it turned out, the residential tax
abatements that were filed were withdrawn by the
Petitioners. In some instances, the filing fee was
already submitted to the Controller's office. None of
these petitioners asked for refunds. A majority of the
checks for filing fees were not submitted to the
Controller's office. Some petitioners came in or
called and asked for their checks back. The remainder
of the checks were put in the vault in case the
Petitioners came in.
On November 17, 1997, Sandy Parmerlee, prepared letters
to be sent to the Petitioners returning their checks.
The receipt book notes this action. While going
through the checks submitted for the residential tax
abatements, it was discovered that a check that was
received in May of 1996 for a rezoning at 601 Blaine
Avenue was inadvertently stuck in with the residential
tax abatement checks. As the date of the check is May
22, 1996, it was not run through to the Controller at
this time. A review of the actions of the Common
Council reveals that the request for rezoning at 601
Blaine was continued indefinitely. I discussed this
matter with JoAnn Harper, Chief Deputy City Clerk, and
advised that I did not feel comfortable asking for a
new check at this time considering that the rezoning
has been continued and may never come before the
Council again. It was decided that the May 22, 1996
check would be put with the ordinance for this
rezoning. Should the Petitioner ask that the matter
come before the Council again, the Petitioner will be
asked at that time for a new check to cover the filing
fee.
Sandy Parmerlee
11 -17 -97