Loading...
HomeMy WebLinkAboutBill No. 41-16 Council Packet (Original)=40-10""'64 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571 August 3, 2016 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: 401 East Colfax Avenue Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your August 2016 Council meeting, and set it for public hearing at your September 26, 2016. Council meeting. The petition is tentatively scheduled for public hearing at the September 20, 2016 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, a e4� Keith Chapman, Planner CC: Kathy Cekanski - Farrand Filed in 1r5 AUG 0 3 2016 A CITYG� SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . S T J O S E P H C O U N T Y I N D I A N A. C O M/ A R E A P L A N PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address(es) - 401 East Colfax Avenue South Bend, IN 46617 2) The property Tax Key Number(s) is /are: 018 -5003- 0059, 018 -5003- 006001, 018-5003-006101,018-5003-0060, 018 - 5003 -0066, Ct C -!500 '3 - 00� q0j 3) Legal Descriptions: PARCEL I: THE NORTH 65.00 FEET OF LOT NUMBERED FOURTEEN (14) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LO WELL AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, EXCEPTING THE EAST 26.5 FEET THEREOF. PARCEL II: A LOT OR PARCEL OF LAND 65.00 FEET IN LENGTH NORTH AND SOUTH TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT NUMBERED FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LO WELL, NOW A PART OF THE CITY OF SOUTH BEND, EXCEPTING THEREFROM A STRIP OF LAND 2 FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE EAST END THEREOF. PARCEL III: A STRIP OF LAND 2 FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE EAST SIDE OF THE NORTH 65 FEET OF LOT NUMBERED FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. PARCEL IV.- LOTS NUMBERED NINETEEN (19), TWENTY (20), TWENTY -ONE (21), TWENTY -TWO (22), TWENTYTHREE (23) AND TWENTY -FOUR (24) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. ALSO, THE FOLLOWING VACATED ALLEY.- BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED TWENTY -TWO (22); THENCE EAST ON THE NORTH LINE OF SAID LOT NUMBERED TWENTY -TWO (22), TO THE NORTHEAST CORNER OF SAID LOT, THENCE NORTH TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED TWENTY -ONE (21) TO THE SOUTHWEST CORNER OF SAID LOT NUMBERED TWENTY -ONE (21); THENCE SOUTH 14 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH THE EAST 22 FEET OF VACATED BRIDGE STREET LYING SOUTH OF THE SOUTH LINE OF LASALLE STREET AND NORTH OF THE NORTH LINE OF COLFAX AVENUE PARCEL V.- A NON - EXCLUSIVE EASEMENT AS SET OUT IN SPECIAL WARRANTY DEED BYAND BETWEEN INDIANA & MICHIGAN ELECTRIC COMPANY, AN INDIANA CORPORATION AND EAST BANK CENTER, AN INDIANA PARTNERSHIP RECORDED SEPTEMBER 29, 1980 AS DOCUMENT NUMBER 8015929 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. 4) Total Site Area: 2.93 acres 5) Name and address of property owner(s) of the petition site: David Matthews, Commerce Center Development LLC, and East Bank South Bend Development LLC 121 S. Niles Ave South Bend, IN 46617 765- 409 -3841 David@MatthewsLLC. corn Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Name AUG 0 3 2016 KAREEMAII FOWLER CITY CLERK, SOI.1TH SEND, IN Address City, State Zip Code Phone number with Area Code E -Mail Address Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: CBD Central Business District N/A To: PUD Planned Unit Development 8) The purpose of the rezoning is as follows: PUD CONTACT PERSON: David Matthews 121 S. Niles Ave South Bend, IN 46617 765- 409 -3841 David @MatthewsLLC. com BY SIGNING THIS PETITION, THE PETITIONERS /PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 401 EAST COLFAX AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone to create a mixed use PUD Planned Unit Development NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. 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: PARCEL I: THE NORTH 65.00 FEET OF LOT NUMBERED FOURTEEN (14) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, EXCEPTING THE EAST 26.5 FEET THEREOF. PARCEL II: A LOT OR PARCEL OF LAND 65.00 FEET IN LENGTH NORTH AND SOUTH TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE NORTH END OF LOT NUMBERED FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, EXCEPTING THEREFROM A STRIP OF LAND 2 FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE ENTIRE EAST END THEREOF. PARCEL III: A STRIP OF LAND 2 FEET IN WIDTH, EAST AND WEST, TAKEN OFF OF AND FROM THE EAST SIDE OF THE NORTH 65 FEET OF LOT NUMBERED FIFTEEN (15) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND. PARCEL IV: LOTS NUMBERED NINETEEN (19), TWENTY (20), TWENTY -ONE (21), TWENTY -TWO (22), TWENTYTHREE (23) AND TWENTY -FOUR (24) AS SHOWN ON THE RECORDED PLAT OF THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW APART OF THE CITY OF SOUTH BEND. ALSO, THE FOLLOWING VACATED ALLEY: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT NUMBERED TWENTY -TWO (22); THENCE EAST ON THE NORTH LINE OF SAID LOT NUMBERED TWENTY - TWO (22), TO THE NORTHEAST CORNER OF SAID LOT; THENCE NORTH TO THE SOUTHEAST CORNER OF SAID LOT NUMBERED TWENTY -ONE (21) TO THE SOUTHWEST CORNER OF SAID LOT NUMBERED TWENTY -ONE (21); THENCE SOUTH 14 FEET TO THE PLACE OF BEGINNING. TOGETHER WITH THE EAST 22 FEET OF VACATED BRIDGE STREET LYING SOUTH OF THE SOUTH LINE OF LASALLE STREET AND NORTH OF THE NORTH LINE OF COLFAX AVENUE. PARCEL V: A NON - EXCLUSIVE EASEMENT AS SET OUT IN A SPECIAL WARRANTY DEED BY AND BETWEEN INDIANA & MICHIGAN ELECTRIC COMPANY, AN INDIANA CORPORATION AND EAST BANK CENTER, AN INDIANA PARTNERSHIP RECORDED SEPTEMBER 29, 1980 AS DOCUMENT NUMBER 8015929 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. be and the same is hereby established as PUD Planned Unit Development. SECTION III. 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 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. City Clerk day of Mayor, City of South Bend, India 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 2 , at Filed in Clerk's CA` .. a AUG 0 3 201E I�E� °`;ate; CITY CLERK, DSO , s !., I j Z4 O eq CD Q) z 0 w Q A O a a m z w O ° o= i ~ m 2p U 2 co = wIr m xJ L v U U p� z o U z z z z Q U c� 0 0 °o 0 0 00 0 0 0 0 0 0 2 U a '4 z cn ci z © � o w cli W � N xHn H� H� a H O 0 w H 0 Z z 0 0 0 w w w z z z z c� 00 - O O 0 w x x x Q cn O R, P. U a '4 z cn ci z © � o w cli W � N xHn H� H� a H O 0 w H 0 Z z 0 0 0 w w w