HomeMy WebLinkAbout9793-07 Rezoning Wayne St. & Notre Dame AveORDINANCE No. 9~s=~~
Passed by the Common Council of the Ciry of Soutli Bend, Indiana
October 8,
Attest:
Attest:
Presented by me to the Mayor of the Ciry of South Bend, Indiana
October 9, 07
20
JO.
Approved and signed by me o c t c b e r- i t ~. 20 o..Z-
City Clerk
Mayor
20
07
City Clerk
President of Common Council
ORDINANCE NO. ~ 1 cl ~' ~
AN ORDINANCE AMENDING TIIE ZONING ORDINANCE FOR PROPERTY LOCATED AT 827
EAST WAYNE STREET; 219, 222, 224, 228, 230 AND 231 SOUTH NOTRE DAME AVENUE; AND
VACANT PROPERTY LYING EAST OF 222 AND 224 SOUTH NOTRE DAME AVENUE AND
VACANT PROPERTY LYING SOUTH OF 219 SOUTH NOTRE DAME AVENUE;
COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The current zoning is "MF2" Multifamily-High Density District and the proposed zoning for all of the
property as described within Section 1 of this Ordinance except for the north 19 feet of Lot 4 within the
recorded plat of Adam Barman's Subdivision of Large Lot Numbered 21 in Samuel L. Cottrell's First
Addition to the Town of Lowell, now a part of the City of South Bend is "SF2" Single Family and Two
Family District. The proposed zoning for said north 19 feet of said Lot 4 is "MU" Mixed Use District. This
rezoning is to allow for single-family residential uses within the area to be zoned "SF2" Single Family and
Two Family District and to allow for an off-site commercial pazking lot within the area to be zoned "MU"
Mixed Use District.
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:
A LOT OR PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF LOT THREE HUNDRED THIRTY-FOUR (334) IN SAMUEL L. COTTRELL'S FIRST
ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, THENCE
RUNNING WEST ON THE SOUTH LINE OF SAID LOT, 82 1/2 FEET; THENCE NORTH 33 FEET;
THENCE EAST 82 1/2 FEET TO THE EAST LINE OF SAID LOT, THENCE SOUTH 33 FEET TO THE
PLACE OF BEGINNING.
ALSO THE EAST HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIRTY-FIVE (335) IN
SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE
CITY OF SOUTH BEND, RECORDED MAY 4, 1860 IN THE OFFICE OF RECORDER OF ST. JOSEPH
COUNTY, INDIANA, IN PLAT BOOK 1, PAGE 49.
PARCEL II:
THE SOUTH HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIRTY-THREE (333) AS
SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO THE
TOWN OF LOWELL, NOW CITY OF SOUTH BEND, INDIANA.
PARCEL III:
THE NORTH HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIRTY-FOUR (334) AS
SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION, ALSO KNOWN AS
SAMUEL L. COTTRELL'S FIRST ADDITION, TO THE TOWN OF LOWELL, NOW A PART OF THE
CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA.
PARCEL N:
THE NORTH HALF OF LOT NUMBERED 5 AS SHOWN ON THE RECORDED PLAT OF ADAM
BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L.
COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF
SOUTH BEND.
PARCEL V:
A LOT OR PARCEL OF LAND FIFTY-FIVE (55) FEET IN WIDTH, EAST AND WEST, TAKEN OFF
OF AND FROM THE WEST ENDS OF LOTS NUMBERED ONE (1), TWO (2) AND THREE (3) AS
SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT
NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN
OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND.
PARCEL VI:
THE SOUTH HALF OF LOT NUMBERED FOUR (4) IN ADAM BARMAN'S SUBDIVISION OF
LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDTION TO
THE TOWN OF LOWELL, NOW APART OF THE CITY OF SOUTH BEND; EXCEPTING
THEREFROM A LOT OR PARCEL OF LAND 42 1/2 FEET IN WIDTH, EAST AND WEST, TAKEN
OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST AND THEREOF.
PARCEL VII:
PART OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM
BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED 21 IN SAMUEL L. COTTRELL'S FIRST
ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, IN ST.
JOSEPH COUNTY, INDIANA, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF
SAID LOT NUMBERED 4; RUNNING THENCE EAST, 122.5 FEET; THENCE SOUTH 33 FEET;
THENCE WEST 122.5 FEET TO THE EAST LINE OF NNTRE DAME AVENUE IIV THE CITY OF
SOUTH BEND; THENCE NORTH ALONG THE EAST LINE OF NOTRE DAME AVENUE, 33 FEET
TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THE NORTH 19 FEET OF SAID DESCRIBED PART OF SAID LOT 4.
PARCEL VIII:
A LOT OR PARCEL OF LAND FORTY-TWO AND ONE-HALF (42 1/2) FEET IN WIDTH, EAST AND
WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST END OF LOT
NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S
SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S
FIlZST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND.
EXCEPTING THEREFROM THE NORTH 19 FEET OF SAID DESCRIBED PART OF SAID LOT 4.
PARCEL IX:
THE NORTH ONE-HALF OF LOT NUMBERED THREE HUNDRED THIRTY-THREE (333) AS
SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION TO THE TOWN OF
LOWELL, NOW WITHIN AND PART OF THE CITY OF SOUTH BEND, TOGETHER WITH THE
SOUTH ONE-HALF OF THE VACATED ALLEY LYING NORTH AND ADJACENT TO SAID LOT
NUMBER THREE HUNDRED THIRTY-THREE (333).
SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF
RECORD.
THIS DESCRIPTION WAS PREPARED BY THOMAS A. OESTERLING, L.S. EMPLOYED BY
ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON AUGUST 3, 2007; THIS DESCRIPTION
IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE
RENDERED TO CREATE THIS DESCRIPTION.
be and the same is hereby established as "SF2" Single Family and Two Family District.
PARCEL I:
PART OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM
BARMAN'S SUBDNISION OF LARGE LOT NUMBERED 21 IN SAMUEL L. COTTRELL'S FIRST
ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, IN ST.
JOSEPH COUNTY, INDIANA, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF
SAID LOT NUMBERED 4; RUNNING THENCE EAST, 122.5 FEET; THENCE SOUTH 33 FEET;
THENCE WEST 122.5 FEET TO THE EAST LINE OF NOTRE DAME AVENUE IN THE CITY OF
SOUTH BEND; THENCE NORTH ALONG THE EAST LINE OF NOTRE DAME AVENUE, 33 FEET
TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THE SOUTH 14 FEET OF SAID DESCRIBED PART OF SAID LOT 4.
PARCEL II:
A LOT OR PARCEL OF LAND FORTY-TWO AND ONE-HALF (42 1/2) FEET IN WIDTH, EAST AND
WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST END OF LOT
NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S
SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S
FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND.
EXCEPTING THEREFROM THE SOUTH 47 FEET OF SAID DESCRIBED PART OF SAID LOT 4.
be and the same is hereby established as "MU" Mixed Use District.
SECTION IL 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.
/ r
Member of the C on Council
Attest
' Cle k
Presented by me to the Mayor of the^^City of South Bend, Indiana on the _~-~ day of ~ ~~-- ,
2007, at "I_.~-~J o'clock ~.m.
~ a~~,
City Cle ~ ~:~-1-~
Approved and signed by me on the ~_ day of~ 2007, at ~_ o'clock
Q .m.
Mayor of t e City of uth Bend, Indiana
1 st READING ~ `~ 3 ~ 1
PUBLIC HEARING l0 -jL -~~
3 rd READING ~c~,$-dl
NOT APPROVED
REFERRED ~"P~ g`l3-U~
Filed in Clerk's Gfifice
AUG _ 8 200
dOHr~ VOORDE
Om{ OIERK, SO• BED
PASSED ti ~ -5-~~
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
52-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 827 EAST WAYNE STREET; 219, 222, 224, 228, 230
AND 231 SOUTH NOTRE DAME AVENUE; AND VACANT PROPERTY
LYING EAST OF 222 AND 224 SOUTH NOTRE DAME AVENUE AND
VACANT PROPERTY LYING SOUTH OF 219 SOUTH NOTRE DAME
AVENUE; 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.
Karen L. White
Chairperson
Date Filed Application N
Date received by the Area Plan Commission
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:
827 East Wayne Street; 219, 222, 224, 228, 230 and 231 South Notre Dame Avenue; and vacant
property tying east of 222 and 224 South Notre Dame Avenue and vacant property lying south of
219 South Notre Dame Avenue.
2) Name and address of property owner(s) of the petition site:
Kendall Weiss, LLP
828 East Jefferson Boulevard
South Bend, IN 46617
(574)234-7373
Victor and Iva Nerada
107 South Norton Street
New Buffalo, MI 49117
(269) 469-5495
3.) Name and address of contingent purchaser(s), if applicable:
Kendall Weiss, LLP
828 East Jefferson Boulevard
South Bend, IN 46617
(574) 234-7373
4) It is desired and requested that this property be rezoned
from "MF2" Multi-Family High Density District
to "SF2" Single Family and Two Family District and "MU" Mixed Use District
5) This rezoning is requested to allow the following use(s):
Single-family residential within the area to be rezoned to "SF2" Single Family and Two Family
District and an off-site commercial parking lot within the area to be rezoned to "MU" Mixed Use
District.
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 petition 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 street names, printed in 8%" x 11" format.
Signature(s) of all property owners, or Attorney for all property owners:
Printed: David H. Weiss
Kendall Weiss. LLP
Title: Mem e
Signed:
Printed: V' for Nerada
Signed: ~ i~
Printed: Iva Nerada
Signed: '
PETITION PREPARED BY: CONTACT PERSON: (If different)
Derek J. Spier, A.LC.P: Same as Petition Preparer
Abonmarche Consultants, L.L.C.
750 Lincoln Way East -
South Bend, IN 46601
(574)232-8700
dspier@abonmarche.com
C,I~1~' ~ ~' E$FCC
Fi1~d In
AUG _ g 2001
J~0 BAND, IN.
LEGAL DESCRIl'TION
PARCEL L
A LOT OR PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF LOT THREE HUNDRED THIRTY-FOUR (334) IN SAMUEL L.
COTTRELL'S FIIZST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF
SOUTH BEND, THENCE RUNNING WEST ON THE SOUTH LINE OF SAID LOT, 82 1/2 FEET;
THENCE NORTH 33 FEET; THENCE EAST 82 1/2 FEET TO THE EAST LINE OF SAID LOT,
THENCE SOUTH 33 FEET TO THE PLACE OF BEGINNING.
ALSO THE EAST HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIIZTY-FNE (335) IN
SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF
THE CITY OF SOUTH BEND, RECORDED MAY 4, 1860 IN THE OFFICE OF RECORDER OF ST.
JOSEPH COUNTY, INDIANA, IN PLAT BOOK 1, PAGE 49.
PARCEL II:
THE SOUTH HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIRTY-THREE (333) AS
SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO THE
TOWN OF LOWELL, NOW CITY OF SOUTH BEND, INDIANA.
PARCEL III:
THE NORTH HALF (1/2) OF LOT NUMBERED THREE HUNDRED THIRTY-FOUR (334) AS
SHOWN ON THE RECORDED PLAT OF SEIMUEL L. COTTRELL'S ADDITION, ALSO KNOWN
AS SAMUEL L. COTTRELL'S FIRST ADDITION, TO THE TOWN OF LOWELL, NOW A PART OF
THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA.
PARCEL N:
THE NORTH HALF OF LOT NUMBERED 5 AS SHOWN ON THE RECORDED PLAT OF ADAM
BARMAN'S SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L.
COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF
SOUTH BEND.
PARCEL V:
A LOT OR PARCEL OF LAND FIFTY-FIVE (55) FEET IN WIDTH, EAST AND WEST, TAKEN
OFF OF AND FROM THE WEST ENDS OF LOTS NUMBERED ONE (1), TWO (2) AND THREE (3)
AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S SUBDIVISION OF LARGE LOT
NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDITION TO THE
TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND.
PARCEL VI:
THE SOUTH HALF OF LOT NUMBERED FOUR (4) IN ADAM BARMAN'S SUBDIVISION OF
LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S FIRST ADDTION
TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND; EXCEPTING
THEREFROM A LOT OR PARCEL OF LAND 42 1/2 FEET IN WIDTH, EAST AND WEST, TAKEN
OFF OF AND FROM THE ENTIlZE WDTH OF THE EAST AND THEREOF.
PARCEL VII:
PART OF LOT NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM
BARMAN'S SUBDNISION OF LARGE LOT NUMBERED 21 IN SAMUEL L. COTTRELL'S FIRST
ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND, IN ST.
JOSEPH COUNTY, INDIANA, DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF
SAID LOT NUMBERED 4; RUNNING THENCE EAST, 122.5 FEET; THENCE SOUTH 33 FEET;
THENCE WEST 122.5 FEET TO THE EAST LINE OF NOTRE DAME AVENUE IN THE CITY OF
SOUTH BEND; THENCE NORTH ALONG THE EAST LINE OF NOTRE DAME AVENUE, 33 FEET
TO THE PLACE OF BEGINNING.
PARCEL VIII:
A LOT OR PARCEL OF LAND FORTY-TWO AND ONE-HALF (42 1/2) FEET IN WIDTH, EAST
AND WEST, TAKEN OFF OF AND FROM THE ENTIRE WIDTH OF THE EAST END OF LOT
NUMBERED FOUR (4) AS SHOWN ON THE RECORDED PLAT OF ADAM BARMAN'S
SUBDIVISION OF LARGE LOT NUMBERED TWENTY-ONE (21) IN SAMUEL L. COTTRELL'S
FIRST ADDITION TO THE TOWN OF LOWELL, NOW A PART OF THE CITY OF SOUTH BEND.
PARCEL IX:
THE NORTH ONE-HALF OF LOT NUMBERED THREE HUNDRED THIRTY-THREE (333) AS
SHOWN ON THE RECORDED PLAT OF SAMUEL L. COTTRELL'S ADDITION TO THE TOWN
OF LOWELL, NOW WITHIN AND PART OF THE CITY OF SOUTH BEND, TOGETHER WITH
THE SOUTH ONE-HALF OF THE VACATED ALLEY LYING NORTH AND ADJACENT TO SAID
LOT NUMBER THREE HUNDRED THIRTY-THREE (333).
SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF
RECORD.
THIS DESCRIPTION WAS PREPARED BY DEREK J. SPIER, A.LC.P. EMPLOYED BY
ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON AUGUST 3, 2007; THIS
DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY
SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION.
~=il~~! Rn Cle~[~'~ ~#f~~~
AUG - 8 2007
~V aor~ri voo~oe
C~ 1 i Ci~.E~}~iti So_~~N._
STATEMENT OF PURPOSE AND INTENT
The current zoning is "MF2" Multifamily-High Density District and the proposed zoning for all
of the property as described within Section 1 of this Ordinance except for the north 19 feet of Lot
4 within the recorded plat of Adam Barman's Subdivision of Large Lot Numbered 21 in Samuel
L. Corirell's First Addition to the Town of Lowell, now a part of the City of South Bend is "SF2"
Single Family and Two Family District. The proposed zoning for said north 19 feet of said Lot 4
is "MU" Mixed Use District. This rezoning is to allow for single-family residential uses within
the area to be zoned "SF2" Single Family and Two Family District and to allow for an off-site
commercial parking lot within the area to be zoned "MU" Mixed Use District.
~il~d in ~i~'~'~ ~~~~i~~
AUG - 8 2007
so~iv vco~ac
CITY CIErtK, S0.9EIzC?, ly.
ALCOHOLISM COUNCIL, INC. STEPHEN & LOUISE ANELLA B & C LTD PARTNERSHIP
818 EAST JEFFERSON 218 SOUTH FRANCES STREET 914 EAST JEFFERSON BLVD.
SOUTH BEND, IN 46617 SOUTH BEND, IN 46617 SOUTH BEND, IN 46601
18-6003-0062 18-6005-0112;18-6005-0113 18-6007-0168
ERVIN & MARGIE BAKER
816 EAST WAYNE STREET
SOUTH BEND, IN 46617
18-6004-0100
JOSEPH & PHYLLIS BALDONI
1226 EAST WAYNE STREET SOUTH
SOUTH BEND, IN 46615
18-6005-0114
MICHAEL & ROBERT BOITS
1001 EAST WAYNE
SOUTH BEND, IN 46615
18-6005-0116
ROBERT BOLLMAN, JR.
222 ST. PETER
SOUTH BEND, IN 46617
18-6003-0059
BURTON CEBULSKI, JR.
235 SOUTH FRANCIS STREET
SOUTH BEND, IN 46637
18-6007-0782
DNERSIFIED EDUCATIONAL SERV
1030 EAST JEFFERSON
SOUTH BEND, IN 46617
18-6005-0111
JOHN FREIDLINE
918 EAST JEFFERSON
SOUTH BEND, IN 46617
18-6007-0175
LANDMARK MORTGAGE GROUP
800 EAST JEFFERSON BLVD.
SOUTH BEND, IN 46617
18-6003-0052;18-6003-0057
JANIS A. BOOTH
16969 HIDDEN VALLY DRIVE
GRANGER, IN 46530
18-6004-0102.01
NATIONAL MANAGED ASSETS CORP. MERCEDES DEPOY TRUST
922 EAST JEFFERSON 1023 EAST MADISON STREET
SOUTH BEND, IN 46617 SOUTH BEND, IN 46617
18-6007-0176 18-6003-0073
NORTH HILL STREET, LLC
2300 EAST STADIUM BLVD.
ANN ARBOR, MI 48104
18-6004-0093;18-6003-0072
F & S REALTY, LLC
1002 EAST JEFFERSON BLVD.
SOUTH BEND, IN 46617
18-6005-0108
RICHARD & DONNA GEHRING
1124 SUNNYMEDE AVENUE
SOUTH BEND, IN 46615
18-6003-0053
GREGORY & CYNTHIA GLUCHOWSKI SCOTT & PAT GRING
1805 NORTH CEDAR 828 EAST WAYNE STREET
MISHAWAKA, IN 46545 SOUTH BEND, IN 46617
18-6006-0165.02;18-6006-0166 18-6004-0102
BLAKE HOCHSTETLER
809 EAST WAYNE STREET
SOUTH BEND, IN 46601
18-6003-0078
MEDIVANTAGE
JEFFERSON MEDICAL, LLC
401 NORTH GALE ROAD
MITCHELL, SD 57301
18-5012-0392
KENDALL WEISS, LLP
828 EAST JEFFERSON BLVD.
SOUTH BEND, IN 46617
18-6003-0068;18-6007-0171;
18-6003-0064;18-6003-0065
SK CUNNINGS, LLC
904 JEFFERSON
SOUTH BEND, IN 46617
18-6007-0167
GILMORE RESIDENTIAL
REAL ESTATE
739 COUNTRY CLUB LANE
SOUTH BEND, IN 46615
18-6007-0173;18-6007-0174
TED & CECILIA HELD
802 EAST WAYNE STREET
SOUTH BEND, IN 46617
18-6004-0087;18-6004-0086
CALVIN & GAYS JOHNSON
812 EAST JEFFERSON
SOUTH BEND, IN 46617
18-6003-0055; 18-6003-0057.01
SYPHETH & KHAMICEUNG
KEOMONGKHON
230 SOUTH FRANCES
SOUTH BEND, IN 46617
18-6005-0115
ALEXANDER B. LYENGI RICHARD & CHARLOTTE LEACH JOSEPH G. MACHATTON
132 PIN OAK DRIVE 824 EAST WAYNE STREET 2720 YORK ROAD
MISHAWAKA, IN 46545 SOUTH BEND, IN 46617 SOUTH BEND, IN 46614
18-6003-0077 18-6004-0101 18-6004-0092
JAMES V. MACRI
SANDRA DOROTHY MACRI, TRUSTEE 926 EAST JEFFERSON BLVD.
926 EAST JEFFERSON BLVD. SOUTH BEND, IN 46617
SOUTH BEND, IN 46617 18-6007-0178.01; 18-6007-0179;
18-6007-0177;18-6007-0178 18-6007-0180;18-6007-0181;
18-6007-0182.01
JOSHUA MARTIN & JENIFER MESTER WAYNE STREET, LLC
226 SOUTH ST. PETER STREET 810 EAST WAYNE STREET
SOUTH BEND, IN 46617 SOUTH BEND, IN 46617
18-6003-0061 18-6004-0090
JAMES & KIMBERLY MCKINNIES
413 ALTGELD
SOUTH BEND, IN 46614
18-6003-0060
DAVID & GOLDE SADDAWI
903 EAST JEFFERSON BLVD.
SOUTH BEND, IN 46617
18-5012-0384
TEACHERS CREDIT UNION
823 EAST JEFFERSON BLVD.
P.O. BOX 1395
SOUTH BEND, IN 46617
18-5012-0365; 18-5012-0364
WAYNE STREET PLAZA, LP
306 SOUTH NOTRE DAME AVENUE
SOUTH BEND, IN 46617
18-6006-0165; 18-6006-0165.01
ZION UNITED CHURCH OF CHRIST
715 EAST WAYNE STREET
SOUTH BEND, IN 46617
18-6002-0024; 18-6002-0025.02;
18-6002-0025;18-6002-0027;
18-6002-0029
UNITED CHURCH OF CHRIST
715 EAST WAYNE STREET
SOUTH BEND, IN 46617
18-6002-0028;18-6002-0030
WEAVER PROPERTY SERVICES, LLC
P.O. BOX 6766
SOUTH BEND, IN 46660
18-6003-0056
PETER MAJESKI
54756 BONNETHILL TRAIL
MISHAWAKA, IN 46544
18-6003-0079
ALAN NEIGHBOR
216 ST. PETER
SOUTH BEND, IN 46617
18-6003-0058
SOUTH BEND, PUBLIC
TRANSPORTATION
901 EAST NORTHSIDE BLVD.
SOUTH BEND, IN 46624
18-6004-0103;18-6004-0104;
18-6004-0096
DAVID WASZAK
806 WAYNE STREET
SOUTH BEND, IN 46615
18-6004-0088
DAVID EHLERT
2414 SOUTH 11~ STREET
NILES, MI 49120
18-6003-0076
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`~`/• THE SIDWELL COMPANY
8-i 2D
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
September 19, 2007
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IIV 46601
RE: A proposed ordinance and site development plan of Kendall Weiss, LLP and Victor and Iva Nerada
to zone from MF1 Urban Corridor Multifamily District to SF2 Single Family and Two Family
District and MU Mixed Use District, property located on the west side of Notre Dame Avenue
between Wayne Street and the first east-west alley north of Wayne Street and property located at and
between 228 Notre Dame Avenue and the first east-west alley north of Wayne Street, City of South
Bend - APC# 2449-07
Dear Council Members:
I hereby Certify that the above referenced ordinance of Kendall Weiss, LLP was legally advertised on
Thursday, September 6, 2007 and that the Area Plan Commission at its public hearing on Tuesday,
September 18, 2007 took the following action:
Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried,
the proposed ordinance and site development plan of Kendall Weiss, LLP and Victor and Iva
Nerada to zone from MF1 Urban Corridor Multifamily District to SF2 Single Family and Two
Family District and MU Mixed Use District, property located on the west side of Notre Dame
Avenue between Wayne Street and the first east-west alley north of Wayne Street and property
located at and between 228 Notre Dame Avenue and the first east-west alley north of Wayne
Street, City of South Bend is sent to the Common Council with a favorable recommendation.
The existing 19 foot strip to be zoned MU Mixed Uses District will be used for those vehicles
associated with the adjacent commercial business. It is highly unlikely that the MU Mixed Use
District zoned lot could be used for another use based on the size of the lot. The rezoning of
the remaining six (6) lots to SF2 Single Family and Two Family District will help to develop
an under utilized residential area with a new housing product.
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,
~~~ Ltd. ~~S~wt:
ohn W. Byorn J
JWB:sr
Attachment
CC: Kendall Weiss, LLP
Victor and Iva Nerada o
Derek J. Spier, A.I.C.P.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
f
Staff Report
APC # 2449-07
Owner: Kendall Weiss, LLP
Location: On the west side of Notre Dame Avenue between Wayne Street and the first east-
west alley north of Wayne Street and property located at and between 228 Notre
Dame Avenue and the first east-west alley north of Wayne Street.
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from MF1 Urban Corridor Multifamily District to SF2
Single Family and Two Family District and MU Mixed Use District to allow single family
residential and an off-site commercial parking lot.
Land Uses and Zoning:
On site: On site are two houses zoned MF1 Urban Corridor Multifamily District.
North: To the north on the west side of Notre Dame Avenue is an insurance office and
parking lot zoned MU Mixed Use District. On the east side of Notre Dame
Avenue across an alley is a parking lot and offices zoned MU Mixed Use
District.
East: To the east across the alley is a parking lot zoned MF1 Urban Corridor
Multifamily District.
South: To the south across Wayne Street on the west side of Notre Dame Avenue are
single family houses zoned MF1 Urban Corridor Multifamily District. On the
north side of East Wayne Street are single family houses zoned MF1 Urban
Corridor Multifamily District.
West: To the west are three apartments and two single family houses zoned MF1 Urban
Corridor Multifamily District.
District uses and development standards:
The "SF2" Single Family and Two Family Residential District is established to protect, promote
and maintain the development of single family dwellings and two family dwellings in the urban
core of the City of South Bend, as well as to provide for limited public and institutional uses that
are compatible with an urban residential neighborhood.
The "MU" Mixed Use District is established to promote the development of a dense urban village
environment. The regulations are intended to encourage all the elements of a traditional urban
village, including: storefront retail; professional offices; and, dwelling units located either in
townhouse developments or in the upper stories of mixed-use buildings. The development
standards in this district are designed to encourage a pedestrian oriented design throughout the
district, and maintain an appropriate pedestrian scale, massing and relationship between buildings
and structures within the district.
Site plan description:
The site is approximately 0.964 acres. The rezoning consist of two areas. The applicants
proposes to construct four (4) single-family houses on the west side of Notre Dame Avenue and
two (2) houses on the east side. The proposed "MU" Mixed Use District area is on the east side
of Notre Dame Avenue immediately south of the alley south of Jefferson Boulevard. This area is
being zoned to MU to allow seven (7) off premise parking spaces. Buildings will cover
approximately 23% of the site. Parking will cover an additional 18% of the site. The remaining
59% of the site will consist of open space. Set back variances will be required for the MU zoned
area. Twenty four (24) parking spaces are provided for the six (6) residential lots. This includes
two (2) spaces in the garage and two (2) in the driveway. A residential buffer yard will be located
between the MU Mixed Use lot and the single family homes to the south. The buffer yard will
consist of both perimeter landscaping and parking screening landscaping.
Kendall Weiss, LLP
#2449-07
Page 1 of 3
Traffic and transportation considerations:
Notre Dame Avenue and Wayne Street have two lanes with on-street parking on both sides.
Utilities: -
The site will be served by municipal sewer and water.
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City of South Bend -City Plan, November 2006
Housing Policy H 1.1 Encourage residential development to contain a mix of housing
types, densities, price ranges, and amenities.
City of South Bend -City Plan, November 2006
Land Use Policy LU 2 Encourage a compatible mix of land uses in the community.
The rezoning is consistent with the comprehensive plan's Land Use and Housing policies.
Land Use Plan:
City of South Bend -City Plan, November 2006
The Future Land Use Map identifies this area as Medium Density Residential.
The rezoning is consistent with the Future Land Use Map.
2. Current conditions and character:
The site currently consists of two (2) homes. The area is a mixture of residential and business
uses.
3. Most desirable use:
The most desirable use for this site is residential.
4. Conservation of property values:
The surrounding property values should be conserved with the rezoning.
5. Responsible development and growth:
It is responsible development and growth to allow infill housing development on under utilized
property, and to allow additional pazking spaces to help alleviate on-street parking problems.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that this petition
be sent to the Common Council with a favorable recommendation.
Analysis:
The existing 19 foot strip to be zoned MU Mixed Uses District will be used for those vehicles
associated with the adjacent commercial business. It is highly unlikely that the MU Mixed Use
District zoned lot could be used for another use based on the size of the lot. The rezoning of the
remaining six (6) lots to SF2 Single Family and Two Family District will help to develop an
under utilized residential area with a new housing product.
Kendall Weiss, LLP
#2449-07
Page 2 of 3
as Ong on
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Rezoning from:
"MF1" URBAN C~RRID~R MULTIFAMILY to
"SFZ" SINGLE FAMILY & TWO FAMILY & "M U" MIXED USE
Zoning Key
SOUTH BEND 'SF2' SINGLE FAMILY 8 TWO FAMILY
SOUTH BE ND'MF1"URBAN CORRIDOR MULTIFAMILY
SOUTH BEND "OB" OFFlCE BUFFER
SOUTH BEND "MU"MIXED USE
SOUTH BEND 'iB" LOCAL BUSINESS
SOUTH BEND ll" UGHT INDUSTRIAL
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1 inch equals Z00 feet
APC # 2449-07
Kendall Weiss, LLP
#2449-07
Page 3 of 3
September 18, 2007
Mr. John Byorni
CARE: Center for Area Board of Zoning Appeals
Addictions Assessment, County City Building
Referral and Education 125 South Lafayette Boulevard
Michiana Employee South Bend, IN 46601
Assistance Program
287-1879 RE: Area Plan Commission Hearing
800-388-0154 Tuesday, September 18, 2007
w~ Perinatal Exposure
~~,~„„~' Prevention Project Dear Mr. Byorni:
HNpf Here
The Alcohol & Addictions Resource Center, occupying property at 818
East Jefferson Boulevard, South Bend is neutral and not opposed to the
proposed re-zoning of the property located on the west side of Notre
Dame Avenue and the first east-west alley north of Wayne Street
(proposed site development plan by Kendall Weiss, LLP and Victor and
Iva Nerada).
However, we would like to bring to the attention of the Area Plan
Commission several concerns we have as occupants of the neighboring
property.
Stover Court, the street/alley that runs directly behind the 3 new homes
proposed facing Notre Dame Avenue, will be the route residents will take
to access their garage. While this is listed as a city street/alley, in my 23
years with AARC, I have no recollection of the city of South Bend
removing snow or maintaining this street/alley.
AARC has a paved parking lot directly behind/south of our building and
this property is to be used only by the staff and visitors to our office.
Over the years, parking by neighbors and adjacent property owners has
been an issue. We are concerned that additional occupied property will
only make this lot even more appealing to neighbors with overflow
parking issues.
We would like the Area Plan Commission to review the plans, note our
concerns over Stover Court maintenance as well as the parking area and
assure us that steps will be taken to maintain Stover Court as well as
provide adequate parking for the new housing in the neighborhood.
Sincerely,
RECEIVE
Sharon Burden, SAP, CEAP
Executive Director SEP 1 8 2007
AR1:A PLAN COMAi11~iC3~1
818 East Jefferson Boulevard
South Bend, IN 46617
E-mail aart~a aarcinfo.org An alt'iliate of The National Counal on Alcoholism and Drug Dependence
GENERAL DAT
1. TOTAL AREA: 42,002 S0. FT. (D.964 ACRES)
2 EXISTING ZONING CUSSIFlCATION: 'MF2' MULTI-FAMILY HIGH OENSItt DISTRICT
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3. PROPOSED ZONING CLASSIFlCATION: 'SF2' SINGLE FAMILY AND TWO FAMILY DISTRICT FOR
LOTS 1-7 k 'MU' MIXED USED DISTRICT FOR OUTLOT 'A'
4, PROPOSED LAND USE: SINGIJ: FAMILY RESIDENTIAL FOR LOTS 1-7 AND A COMMERCIAL
PARKING LOT FOR WTLDT 'A'
5. THE PROPOSED BUILDING LOCATIONS, SIZES, DRIVES, AND PARKING AREAS ARE APPRO%IMATE
AND SUBJECT TO CHANGE PRIOR TO FlNAL SITE PLAN APPROVAL
6. THE PROPOSED SITE WLL BE SERNCEO BY qTY OF SOUTH BEND WATER AND SEWER.
7. ALL LANDSCAPING AND SCREENING SHALL BE IN ACCORDANCE WITH SECTION 21-07.01 OF
THE qtt 20NINC ORDINANCE UNLESS 1HE PROPER VARIANCES ARE GRANTED.
B. ALL SETBACKS SHALL MEET THE APPLICABLE PRONSIONS OF THE 20NING ORDINANCE
UNIESS THE PROPER VARIANCES ARE GRANTED.
9. THE BOARD OF ZONING APPEALS SHALL BE PETI110NED TO ALLOW FOR REDUCED FRONT ANO
SIDE YARD SETBACKS FOR LOTS 1-7 AND AND REDUCED SETBACKS FOR THE PARKING AREA
WITHIN OUnOT'A'. LANDSCAPE VARIANCES MAY ALSO BE REQUIRED FOR THIS OUnOT.
TABULATED DAT
LAND USE RATIO SUMMARY:
SWARE
FOOTAGE ACREAGE PERCENTAGE
AREA OF BUILDINGS 9,702 0.223 AC. 23R
AREA OF PARKING 7,455 0.171 Aq 18R
AREA OF OPEN SPACE 24,645 0.57D Aq 59R
DEVELOPED SITE 42,002 0.964 AC, t00R
6 DWEWNG UNITS / D.964 ACRES = 6.22 DWEWNG UNITS /ACRE
ALL BUILDINGS 'MLL BE TW0 STORIES IN HEIGHT.
PARKING:
REQUIRED: RESIDENTIAL = 1 SPACE PER DWEWNG UNIT X 6 ~ 6 SPACES
PROVIDED: 2 SPACES WTHIN GARAGE
2 SPACES MINIMUM NITHIN DRIVEWAY
4 PER OWEWNG UNIT s 6 = 24 SPACES
• PARKING SPACES (THIN WTLOT 'A' ARE ADDI110NAL SPACES PROVIDED fOR THE
OFFlCE USE AT 828 EAST JEFFERSON BOULEVARD.
LEGEND
O NUMBER OF PARKING SPACES
TYPE B -PARTIAL SCREENING
(2) EVERGREEN TREES FOR EVERY 25 FEET OF LOT LINE
OFF-STREET PARKING AREA SCREENING COMPACT
,..... HEDGE PUNTED 3 FOOT ON CENTER
PeNtbner /Property Owner(a}
Kendoll Weiss, I!P
828 E Jeflerson BAd.
South Bmq IN 48617
trcta & Iva Nmada
107 5. Norton St.
New Bu!(olo, MI 49117
Dew:loper.
Kendall Weiss, LLP
828 E Jeffersm Blvd
South Ben4 IN 46611
GRAPHIC SCALE
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L Iocn . ea n
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Prepared BX
Abonmarche Cmsultants, LLG
750 Lincoln Woy Eost
South Bmd, IN 46601