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Home My WebLink About70-17 Rezone- Northeast Corner of Niles Avenue and Cedar Street A LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR W-ap Angela M. Smith Deputy Di,ect- Ct AAREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 2 2 7 W. JEFFERSON B L V D., ROOM 1 1 4 0 C O U N I I-C 1 1 1 B U I L D I N G, 1 O U I H B E N D, I N D I A N A 4 6 6 0 1 (3 7 4) 2 3 5-9 5 7 1 October 3, 2017 FRed in South Bend Common Council F—o C--T' 04 2017 1 4'h Floor, County-City Building ............ qT' South Bend, IN 46601 Ty A; ovWLER CITY CITY CLERK,SOUTH SEND, IN j RE: Rezoning for Northeast Comer of Niles Avenue and Cedar Street, South Bend, IN APC#2848-17 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 October 9th, 2017 Council meeting,and set it for public hearing at your November 27th,2017.Council meeting. The petition is tentatively scheduled for public hearing at the November 21st, 2017 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, Da id VMStanton, Jr. Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.STJOSEPHCOUNTYINDIANA,COM/AREAPLAN ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NILES AVENUE AND CEDAR STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The petitioner is seeking a rezoning from MU Mixed Use District to CBD Central Business District to allow a parking lot 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTON 1 , TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 9A OF THE PLAT OF "EAST BANK 2ND REPLAT" AS RECORDED BY DOCUMENT NUMBER 1124355 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 1 .2 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as CBD CENTRAL BUSINESS DISTRICT. SECTION ll. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. 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. City Clerk Approved and signed by me on the day of 2 , at o'clock M. Mayor, City of South Bend, Indiana Filed in Clerk's Office 1st READING OCT 04 2017 PUBLIC HEARING 3 rd READING NOT APPROVED KAREE-EI'IA I FOWLER REFERRED CITY CLERK,SOUTH REi 21 IRI PASSED 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: Adclress(es)-, Aronheav corder of Niles Averrrre-&Cedar SJreei,South Bencl,Indiana 46617. 2) The property Tax Key Number(s)is/are: Emerproper•ty!cu•keh manber(s):018-.5008-019.1 3) Legal Descriptions: Enter•fu111egal description:See attached 4) Total Site Area: Enter total acres to be rezoned: 1.2 Acres. 5) Name and address of property owner(s)of the petition site: Beacon Heallh Syslew Lu. Attrr:Ali•. Michael J. O'Neill 515 North A-lichigan Sheet South Bend,Indiana 46601 [Filed Clefl{'S Office Ph.No. 571-523-3367 E-Ala�il Address Nlit T 04 2017 WIAH FOWLER K,SOUTH-!BENj Name and address of additional property owners,if applicable: 6) Name and address of contingent purchaser(s),if applicable: v i Cj C i ? ?0,17 E-mail NM 1 .;,t,.ar Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: Froth: MU Nixed Use District CI3D Comnnurit}!Business District To: CBD Central Business District 8) This rezoning is requested to allow the following use(s): hrsert intended use(s):Parking lot. IF VARIANCES)ARE BEING REQUESTED(if not,please skip to next section): I) List each variance heing requested 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: ,See,91tached 0 0 (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: See Attached (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See Alluchecl IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: NIA 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Nome: Dcmch,Harney&Associates,Inc. Address: 1613 Commerce Drive South Bencl, Inclicurcr 16628 574-234-4003 iiicicrnch u.da/lchhcll77e1'.cOld 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 VIQUES IONS THEREON. Sig natures)of all pro r o vnure of Attorney for all property owner(s):ttj ►,� ^ C('" r-^i 0 2 2277 LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTON 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP,ST.JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT#9A OF THE PLAT OF"EAST BANK 2ND REPLAT" AS RECORDED BY DOCUMENT NUMBER 1124355 IN THE RECORDS OF THE ST.JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 1.2 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 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