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Home My WebLink About9774-07 Rezoning ChapinORDINANCE No. <o, Passed by the Common Council of tlae Ciry of South Bend, Indiana August 13, 20 07 Attest: JOHN G Attest: ~~ Presented by me to the Mayor of the City of South Bend, Indiana August 14, 20 07 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me Au~us t 15 20 07 Mayor ORDINANCE NO. ~ ~ ~-~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 218 CHAPIN STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This ordinance is being requested to change the zoning at 218 Chapin Street from MU Mixed Use District to SF2 Single Family and Two Family District. This is the home (only) of Jeffrey J. Hodes and Janine Russell-Hodes. 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: Lot 8 & The Western 132.85' of the Lots 9 & 10 of Huston's Subdivison Being a Part of the Northeast Quarter of Section 11, T. 37N., R. 2E. Portage Township, St. Joseph County, Indiana be and the same is hereby established as SF2 Single Family and Two Family 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. _~ Member of the C mon Council Presented by me to the Mayor of the City of South Bend, Indiana on the i `~ ~ day of ~ ~ , 2 00~_, at t ', ~ o'clock. m. r-- Cit Jerk ~ ~~ Approved and signed by me on the l~ '~ day of , 2~, at ~~~ o'clock ~. m. ayo ity of South Bend, Indiana 1 sr READING s -L~ -~ 7 PUBLIC HEARING ~ -~ ~ ~~~ a-S J~'~DS~-~~~-G` 3 rd READING ~ -13 , o~ 0.f S k~ S~ NOT APPROVED REFERRED /~ . ~ -- 5 ~Z9 _~ 1 1 PASSED x-13-~~ CLS Sc.~~t~~~~1 Filed Irt Ct~t~~'~ Qf~ice J U iJ 2 7 2007 JOHN VOORDE CfrY CLERK, 50. BEN?, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 31-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 218 CHAPIN STREET, COUNCILMANIC DISTRICT 2, 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 as substituted. Karen L. White Chairperson 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: 218 Chapin Street 2) Name and address of property owner(s) of the petition site: Jeffrey J. Hodes and Janine Russell-Hodes 218 Chapin Street South Bend, IN 46601 3) Name and address of contingent purchaser(s), if applicable: none 4) It is desired and requested that this property be rezoned from MU Mixed Use District to SF2 Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): residential 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8-1/2" x 11" format. Signature(s) of All Property owner(s) or Attorney for all property Owner(s) ETITION PREPARED BY: Janine Russell-Hodes 218 Chapin Street South Bend, IN 46601 574-707-1959 ninerh(a,comcast.net 'CONTACT PERSON: (If different) Jeffrey J. Hodes 218 Chapin Street South Bend, IN 466 574-707-1959 Fit~c~ In C~~rk's 0$$IC8 ninerh~a,comcast:net Juc~ 2 7 zoa~ JONN VOORDE CITY CLERK, S0. BEND, IN. 6.a.) Legal Description LOT 8 & THE WESTERN 132.85' OF THE LOTS 9 & 10 OF HUSTON'S SUBDIVISON BEING A PART OF THE NORTHEAST QUARTER OF SECTION 11, T. 37 N., R. 2 E. PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Tax Key No.18-3051-1936 FiE~~ ICi ~(r~`~'~ ®fi11C~ JUN 2 7 2007 ,!0!'.CJ VOORDE CITY CLERK, S0. BEND, M. 6.b.) Statement of Purpose and Intent This ordinance is being requested to change the zoning at 218 Chapin Street from MU Mixed Use District to SF2 Single Family and Two Family District. This is the home (only) of Jeffrey J. Hodes and Janine Russell-Hodes. Fllt'^~ gll ~i~~'~'~ ~1~1~~ JUN 2 7 2007 JO;iN VflORDE C'TY Cl.~fiK, S0.8EhD, IN. 6.c.) List of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property. Address1 City of South Bend City of South Bend City of South Bend City of South Bend Civil City of South Bend Indiana Civil City of South Bend Indiana Civil City of South Bend Indiana Civil City of South Bend Indiana Civil City of South Bend Indiana South Bend Heritage Foundation South Bend Heritage Foundation Inc South Bend Heritage Foundation Inc South Bend Heritage Foundation Inc South Bend Heritage Foundation Inc South Bend Heritage Foundation Inc South Bend Heritage Foundation Inc Southold Heritage Foundation Inc South Bend Heritage Foundation Inc Indiana Not-For Profit Corporation Kevin & Meleah Ladd Kimberly & James Andert James & Kimberly Andert James A Watts Leroy Kingsberry Address2 Address3 City State Dept of Redevelopment 1200 County City Building South Bend IN Dept of Redevelopment 1200 County City Building South Bend IN Dept of Redevelopment 1200 County City Building South Bend IN County-City Bldg South Bend IN 1200 County City Building South Bend IN 1200 County City Building South Bend IN 1200 County City Building South Bend IN 1200 County City Building South Bend IN 1200 County City Building South Bend IN 803 Lincoln Way West South Bend IN 803 Lincoln Way West South Bend IN 803 Lincoln Way West South Bend IN 803 Lincoln Way West South Bend IN 803 Lincoln Way West South Bend IN 803 Lincoln Way West South Bend 1N 803 Lincoln Way West South Bend IN 914 Lincolnway West South Bend IN Zip Property Key 46601 018-3054-21-20( 46601 018-3054-2121 46601 018-3054-2122 46601 018-3051-1967 46601 018-3055-2136 46601 018-3055-2137 46601 018-3055-2138 46601 018-3055-2139 46601 018-3055-2140 46628 018-3050-1959 46616 018-3050-1949 46616 018-3051-1965 46616 018-3051-1969 46616 018-3051-1977 46616 018-3056-2173 46616 018-3056-2174 46616 018-3056-2175 Property Address 12 209 Chapin 809 Thomas 807 Thomas 123 W Wayne 812 Thomas 810 West 217 Chapin 223 Chapin V\L Adj 225 Chapin V\L Adj 211 Scott 210 212 Chapin 729 Wayne 710 Monroe 230 +232 S Chapin Napier-Vac Lot 301 Chapin 303 Chapin Page 1 of 2 803 Lincoln Way West South Bend IN 202 Chapin Street South Bend IN 734 W Jefferson South Bend IN 730 W Jefferson South Bend IN c/o Leroy Kings Berry 716 W Wayne South Bend IN 716 W Wayne South Bend IN 46616 018-3056-2176 305-307 Chapin 46601 018-3050-1947 202 S. Chapin 46625 018-3050-1950 734 W Jefferson 46625 018-3050-1951 730 W. Jefferson 46601 018-3050-1952 725 Hoose Court 46601 018-3050-1953 723 Hoose Court ! a" ~. *~ . ~~fY A V - i .,~, °f MAY ~ ; ~~,~ 6.c.) List of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property. Steven Accuosti Geraldine Forshee Renew Inc. Manuel Gamez Ga~eld Bryant Jr Jonthan Okhiria Sylvia Lattimore And Florine Hawkins Oscar And Kathryn Brookins Northern Indiana Historical Society Inc Prince & Leta Covington 727 Napier RETE Land Trust Diana & Lonnie Williams Diana & Lonnie Williams Mamie Howard And Verley G Sangster Josephine Kingsberry Josephine Kingsberry William H Hendrix Charles E Mitchell and Walter Mitchell Baugo Creek Realty Chapin Market Llc St Hedwig Church 40 North Street 718 W Jefferson BI 914 Lincoln Way W 733 Wayne St 725 W. Wayne St. 1129 Cleveland Ave 715 W Wayne St c/o Leroy Kings Berry 716 W Wayne 808 W Washington St 5124 W Colfax Av 727 Napier 722 W Wayne 722 W Wayne 722 W Wayne St 716 W Wayne St 716 W Wayne St 13338 State Rd 23 51640 Old Mill Rd 3501 East Edison Rd c/o Baugo Creek Realty 3501 East Edison Rd 331 S Scott St Prospect CT South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN South Bend IN Granger IN South Bend IN South Bend IN South Bend IN South Bend IN 06712 018-3050-1954 46601 018-3050-1955 46601 018-3055-2135 46601 018-3051-1964 46601 018-3051-1966 46628 018-3051-196801 46601 018-3051-1968 46601 018-3051-1973 46601 018-3055-2151 46619 018-3051-1985 4661 5 01 8-3051-1 986 46601 018-3051-1987 46601 018-3051-1989 46601 018-3051-1988 46613 018-3051-1990 46613 018-3051-1992 46530 01 8-3051-1 991 46637 018-3051-1993 46615 018-3051-201401 46615 018-3051-2014 46601 018-3051-2015 722 W. Jefferson 718 W. Jefferson 818 Thomas 733 Wayne 725 Wayne 717 1/2 +719 Wayne 715 Wayne 713 Wayne Chapin 728 W Wayne 727 W Napier 726 W Wayne 722 W Wayne V\L Adj 723 W Napier 720 W Wayne 716 W Wayne 717 Napier 710 W Wayne Page 2 of 2 ~~~' ~~~ ~/"~a~~r ~~ ~f~~~ ~1AY 2 ~ Z~~7 ~,.. ~ C; '~i:Y C` ~D ~`~, C ~kE Pvaed Lot 733 Western 331 S Scott ~Y. JEFFERSON BOULVARD 49.5' R/W 3 co I tD I w F- i Z L i~ :.J i BOUNDARY SURVEY LOTS 8 - 10 OF HUSTON'S SUBDIVISION BEING 5/8^ REBAR 131.34' - - ~-51.55'-~ 5ila' APART OF THE NOR11iEAST QUARTER OF SECTION 11, T. 37 N., R. 2 E. IFLUSH I ~ ~ PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA ~' ~ I SURVEYED FOP,: IN A I I I I SOOT 803 LDINCOLN WAYFWESDATION I 15/e' REBAR I I ~ I SOUTH BEND, IN 46616 5/8' REBAR ^ ~ 0379233 RECORDED OH 12/18/2003 10:00:04AM TERRI J. RETHLAKE ST. JOSEPH COOHTY RECORDER REC FEE; 518.00 PAGES; 1 LUSH _ _ 131.34 LUSH I rl ~I I SURVEYOR'S REPDRT __ _~ N N N ~ ~ ~ TITLE HOLDERS NAME: 50UTH BEND HERBAGE FOUNDATION I . 14 1 ^ ^ t) IN ACCORDANCE WffH TRLE 865. ARTICLE 1.1, CHAPTER 12 OF THE INDIANA ADMIN15TRATNE CODE I I I 5 16 I H ~ L ~ I ON EN ES I E I S I ~ UNCERTAI NTIES N T E LOCATIO AND OF TH lIN CORNERS ESTABIISHED ON TH S SURVEYMS A / I I RESULT OF UNCERTAINTIES tN REFERENCE MONUMENTS; IN. RECORD DESCRIPTIONS AND PLATS; IN LINES OF lu B I ~ _ i ~ i OCCUPATION; AND AS IMRODUCED BY RANDOM ERRORS IN MEASURCMENT (THEORETICAL UNCERTAINTY). 1 THERE MAY DE UNWRITTEN RIGHTS ASSOCIATED WITH THESE UNCERTAIMIES. I >< I ( THIS SURVEY IS A RECORD DOCUMEM RETRACEMEM SURVEY OF LOTS 'B, 9, AND 10 AS SHOWN ON THE _ _ 131 34' ~ _ _ 5/8' REBAR iLUSH 51.54' 57.18' 56.91' 57.21' ~ ~ ~ ~ _ _ RECORDED PUT OF J.K. HUSTON'S SUBDMSION, RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA. THE BASIS OF BEARINGS FOR THIS SURVEY IS AN ASSUMED S 89' 49' SB' E 5~ - - - ' - - - 15' 3/4'-.PIPE 3/a' PIPE 3/4' PPE 3/4' PIPE ' FOR THE NORTH LINE OF SAID LOTS. , ' 589'49 58;'E EP _ X01 DEEP _ ~Dgp _ ~0.4' DEEP 182.89 3/4 PIPE ~ , 57.18' T 56.91' T 7.21' ' R IS THE INTEMION OF THIS $URVE~' TO RETRACE DEED RECORD NUMBERS BK. 445 PG 142. DK:~457. PG 455 BK 401 PG 265 AND BK 316 PG 54G AS RECORDED IN THE OFFICE OF THE RECORDER OF DEEP_ d ., 0.4 . . . , . . . T I ~ I $ E BOOK 457 P o GE HE COUNTY Of THE SAME. f A - x55 i N t ~ co p I I I THE THEORETICAL UNCERTAINTY (DUE TO RANDOM ERRORS KJ MUSUREMEM OF THE COR}4EPS OF THE - ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' . .... ......... . . ~ ~ "] ~~ ~ 49' 67' ~ SU&IECT TRACT ESTABLISHEG IN THIS SURVEY IS WITHIN THE SPECIFICATIONS FOR A CLASS B SURVEY ~~ ~ r -_ PARCEL_II BOOK 445 P 1 ~/ T ' . N I I I ' ' (0.25 FEET) AS DEFINEp IN LAC 865. AS A. RESULT OF THE ABOVE OBSERVATIONS, R I$ MY OPINION THAT RT T T E E /i / A„E 42 / ~ 4 PIPE / o PL E 48' E 3 a N89'S2 cH UNCE AIN I S IN HE LOCATIONS OF 1HE LINES AND CORNERS ESTABUSHED ON THIS SURVEY / ... ............ . .~ ~. DEEP I I I _ 0.4''DEEP ARE A. FOLLOWS. 3/<' PIP` 0 :' GEEP 9 ~ ~ 7 `fl 6 "'I° '~I r -DUE TO VARIANCES IN R.FERENCE MONUMENTS: AS SHDWN ON 7HE PLAT OF SURVEY HEREON ~ o PPR" n. BOOK 31L bACE 5<0 1 ~ I 'nl 'nl ~I ATTACHED. DffFERENCES'M D6TANCES SHOWN HEREON ARE DUE TO THE FIELD MEASUREMEMS REUTION TO RECORD 0 p ----~------ o ~ Z ~ 3/4" PIPE O.a' DEEP /~ N0. "el ' S-0523 _- 4c `: STATE OF ~~°Oji~,9,h'D SURNF.y~~~~ ~~ ~ PAR"E N ~ BOOK 401 PACE 265 p 53'00"W' 132P5' z WAYNE STREET 49.5' P,/W 0.4' DEEP w I ~I ;Q :p 57.18' S6 91' 7.21' I, TERAt•ICE D. UNG, AM a REGISTERED LAND SURVEYOR IN THE STATE OF INDIANA AND HEREBY CERTIFY: THAT I HAVE SURVEYED THE (ANDS HEREON DESCRIBED AND DELINEATED, aND THAT THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND 7 BELIEF THIS SURVEY HAS BEEN PERFORMED IN ACCORDANCE wrtH THE REOUIREMEMS OF RULE 11 OF 'MINIMUM STANDARDS fOR COMPETEM * = PRACTICES OF UND SURVEYING 'AND AS PRESCRIBED BY INDIANA = ADMINISTRATNE COUE 865, 1.1-12. SIGNED THIS 11 DAY OF NOVEMBER, 2003. _ `~.u-~+^-k~ .off TERANCE D. UNG RLS 0523 D.STAN„ES. -DUE TO 0!SCREPANCIES IN THE RECOROFD DESCRIPTION: NONE IN REUTION TO THE RECORD DESCRIPTION WERE FOUND. - DUE TO INCONSISTENCIES IN THE LINES OF OCCUPATION: NONE OBSERVED. , -COMMENTS: THE IRONS FOUND WERE HELD TO BE ORIGINAL MONUMENTATION. THE NORTHWEST CORNER OF LOT 6 wA5 RESET BY INTERSECTING THE EAST RIGHT OF WAY LINE OF CHAPIN STREET AND THE SOUTH RIGHT OF WAY LINE Of THE 15' A! LEY. 2) TITLE COMMITMENT NUMBER 11046526 HAS DEEN SUPPLIED TO THE SURVEYOR AT THE TIME OF THIS SURVEY. -----------' FIELD WORK TOR THIS SURVEY WAS COMPLETED ON: 11/10/03 3) THAT THIS SURVEY WAS PERFORMED FROM PUBLIC RECORDS AND LEGAL DESCRIPTIONS AT THE REQUEST OF SOUTH BEND HERITAGE FOUNDATION. EOENG • IRON FOUND Lang, Feeney k Associates, Inc. x ':' CUR IN CONCRETE - 715 S. M~cnlgan Street South Bend, Ind~ono x6601 Phone (57x) 233-1841 Land Surveyors Soil Scientists 0' 50' 100' 1 SO' s~o~e 1' = 50' • Dro.n BCP Dare 11 21 03 ,wo Nome HUSTON'S SUB Rev. h0 NO. I c~ '~"~+Y 2 1 ~C01 C i CLG>7~{ x11., Lisa, 1 I. SITE PLAN LOT 8 AND PARTS OF LOTS 9 AND 10 HUSTON'S SUB OF BOL 72 SOUTH BEND, IN for SOUTH BEND HERITAGE FOUNDATION ~ H00 SE COURT .. r--- --a- ---- ~ NINUN SID __ }73;75 YARD ~ ~ in i ^ -- 1 c~ ~ ______J ~ 0 3-CAR PAR NG PAD ~ xi 30. 1 172.75' ~ 13 2.75 I co ~ W N w W ~I \ I r+i 1 ;C\\: 1 r u7 r1 n. .. N ~ l ` i 1 X 2.75' IT I l a. ~ 1 I ~ I 1 ~ i Ir-~-~I F-~-~1 a 1 ^ 5_NIM-IUN 9 '---- ~ - ~~ 1.D75' ~' WAYNE STREET - 49.5' R/W ~~~ " ~~ ~~AY 2 l 2ou? ~~ dO~ri 'Ji'QEi~:;ir ?. t;t1.~1, ltJ. J~ • Lang, Feeney & Associates, Inc. - 715 S. Michigan Street South Bend, Indiana 46601 Phone (y14) 233-1841 Land Surveyors Soil Scientists r ~ ~~ ~~ Scale 1~ = 50~ Drawn JBf Date 6 06 03 Job Name HERITAGE CHAPIN ST Rev. Job No. o_.. 101-98 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 Fax 574 235-9813 July 18, 2007 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Jeffrey J. Hodes and Janine Russell-Hodes to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 218 Chapin Street, City of South Bend - APC# 2441-07 Dear Council Members: I hereby Certify that the above referenced ordinance of Jeffrey J. Hodes and Janine Russell- Hodes was legally advertised on Thursday, July 5, 2007 and that the Area Plan Commission at its public hearing on Tuesday, July 17, 2007 took the following action: Upon a motion by John McNamaza, being seconded by Charlotte Pfeiffer and unanimously carried, the proposed ordinance of Jeffrey J. Hodes and Janine Russell- Hodes to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 218 Chapin Street, City of South Bend is sent to the Common Council with a favorable recommendation. The house was moved from the property now occupied by the Studebaker National Museum to its current location in May of 2004. The property was zoned MU Mixed Use District at the time the house was relocated. The property has been used as single family residential since that time. The rezoning of the site will grant a comparable zoning classification for the single family home. 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 forwazded to you at a later date to be made a part of this report. Sincerely, ~~ ohn W. Byo JWB:sr Attachment Jeffrey J. Hodes and Janine Russell-Hodes Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2441-07 Owner: Jeffrey J. Hodes and Janine Russell-Hodes Location: 218 Chapin Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow a residential use. Land Uses and Zoning: On site: On site is a single family house zoned MU Mixed Use District. North: To the north .across Hoose Court are single family houses zoned SF2 Single Family and Two Family District. East: To the east is a single family house zoned MU Mixed Use District and a single family house zoned SF2 Single Family and Two Family District. South: To the south across Wayne Street is amulti-tenant commercial building zoned LB Local Business District. West: To the west across Chapin Street is an existing building that will be used for the Studebaker Archive Building zoned MU Mixed Use District. District uses and development standards: The "SF2" Single 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. Site plan description: A site plan is not required for residential rezoning. Traffic and transportation considerations: Chapin Street has two lanes and on street parking on the west side. Wayne Street has two lanes and space for on street parking. Hoose Court has one lane. Utilities: The property is served by municipal utilities. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Housing Policy H 2.1: Provide incentives to renovate and repair older and historic homes. The rezoning is consistent with the Comprehensive Plans Housing Policy. Jeffrey J. Hodes and Janine Russell-Hodes #2441-07 Page 1 of 3 _... - _... _._. _ r.. ~ ,~,F ~ ~ n ferso n Jefferson -~ ~ ~ _, , ~F_ ~ ~~ Thomas J` ~ fir'' i ~' ,~ .~ ~ ~ I ,, 1 ~_ _ ~ ~ I I ___ _~_ ~~---- W ayn e ') - - ~, ~ SF2 4 Napier n s ~ ~ iL 'o 'L MU 3 Rezoning from: "MU" MDCED USE to "SF2" SINGLE FAMILY & TWD FAMILY N W E ~ning Key s BJ YTtl tlEMtl•8f28gOLE1M11LYdMD IMtII'( EA YTE tlENtl•YY•IIIXEO YBE 1 inch equals 1 ~0 feet EO YTtl tlEMtl•0.0 fFCi eo the tlEtltl•u•LOCeL tltlau ws APC # 244'1 -Q7 Jeffrey J. Hodes and Janine Russell-Hodes #2441-07 Page 3 of 3 TRI CJTJNTY NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-66661 TELEPHONE: (574) 243-4664 Fax: (574)243-4916 PROOF OF PUBLICATION State of Indiana, St. Joseph County, ss.: Personally came before me, the undersigned, Richard J. Andrysiak, Office Manager ofthe Tri County News; that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaper of general circulation printed and published in the English language in the City of South Bend, in the aforesaid county and state; that a notice of which the copy attached hereto is a true and correct copy, was published in said newspaper. 1 time(s), the date of publication being as follows: 7/27/2007 Fee: $26.28 Subscribed and sworn to before me this 27th day of July, 2007 ~. Lisa J. Andrysiak, Notary Public Resident, St. Joseph County My Commission expires February 16, 2008 PROOF OF PUBLICATION Notice is hereby given the atizens M South Bend, St Joseph County, Indiana, that the Common Council of the City of South Bend, St. Joseph County, Indiana, in Aie ~,,,,. Chambers of the County-City Building, 227 West j~ arson Boule- vard. South Bend, Indiana, on Monday, August 27, 2007 will told at 7;00 p.m., a Public Headng on the following proposed Ordinances: a3-o7 A BILL TO VACATETHE FOLLOWING DESCRIBED PROPERTY:THEALLEYTOBEVACATEDISTHE FIRST EASTNVESi ALLEY NORTH CF NORTHSIDE BOULEVARD, FROM2ISTSTREETEASTTOTHE FRST NORTH/SOUTH ALLEY FOR A DISTANCE i OF133.5FEETANDAWIDTHOFI4FEELBEING i A PART OF DUNN'S 1ST ADpRION, PORTAGE TOWNSHIP,CfTYOFSOl1fHBEND,ST.JOSEPH COUNTY, INDIANA 44-D7 A BILL OFTHE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAP- TER 14 OFTHE SOUTH BEND MUNICIPAL CODE i BY THE INCLUSION OF NEW ARTICLE 9 EN- TITLED'REGULATIONSADDRESSlNG SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS'AND AMENDING OTHER SECTIONS OF CHAPTER 14 RELATEDTHERETO as-o7 A BILL OF THE COMMON COUNCIL OF THE CfTY OF SOUTH BEND, INDIANq SETTING THE AN- MONCOUNCILMEMB SFORCALENDARYEAR 2008 47-07 A BILL OFTHE COMMON COUNCIL OF THECITY OF SOUTH BEND, INDIANA, AMENDING CHAP- TER 2, ARTICLE 5 OF THE SOUTH BEND MU- NICIPAL COPE TO ADD A NEN! SECTION Z-60 CREATING A POLICE PROMOTION PANEL 31-07 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED A7 218 CHAPIN STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA Persons at the meeting shall have the dgM m be heard thereon. John Vaorde City Clerk 1t,7-27 Area Plan Commission of St. Joseph County John W. Byorni Executive Director 1140 County-City Building South Bend, Indiana 46601 Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 June 27, 2007 Honorable Common Council Of The City of South Bend 4~' Floor, County-City Building South Bend, Indiana 46601 RE: Bill #31-07 A bill of the Common Council of the city of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced rezoning petition: Ordinance 1. Under Statement of purpose and intent change "mixed use zoning" to "MU Mixed Use District". 2. Under Statement of purpose and intent change "residential" to "SF2 Single Family and Two Family District" 3. Under section 1. Change revise legal description to the following: Lot 8 & the western 132.85' of the Lots 9 & 10 of Huston's Subdivision. 4. Under section 1. Change "R" Residential to SF2 Single Family and Two Family District. Petition 1. Under item 4 change "mixed use" to "MU Mixed Use District" 2. Under item 4 change "residential" to "SF2 Single Family and Two Family District" Attached is a revised copy of the Preliminary Plan. If you have any further questions, please call me at 574-235-9571. Sincerely, `~G~jj~~ Mark Lyons Zoning Planner ____--- Filrr~ l~ ~'.F~~i~'~' ~fi~e Sik:~y~`4iFu~ CITY C? F's:ri, S'r`~. S~tIQ, IN. .~--- Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana S ~ ~~.~~ ~~~_~~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 218 CHAPIN STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This ordinance is being requested to change the zoning at 218 Chapin Street from mixed use zoning to residential. This is the home (only) of Jeffrey J. Hodes and Janine Russell-Hodes. 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: Lots 8 - 10 of Huston's Subdivison Being a part of the Northeast Quarter of Section 11, T.37 N., R.2 E. Portage Township, St. Joseph County, Indiana be and the same is hereby established as "R" Residential. 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 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 1 st READING S/ zq -01 PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED /~ -~. - ~ L~ -°~ PASSED Filed In Cieriz's Office h~ AY 2 1 2C07 J4~t! VC?GRCE CITY CLi<t:e, E0. BEidD, IN. s ~~~~. S_L~-~~ Date Filed Application No. 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: 218 Chapin Street 2) Name and address of property owner(s) of the petition site: Jeffrey J. Hodes and Janine Russell-Hodes 218 Chapin Street South Bend, IN 46601 3) Name and address of contingent purchaser(s), if applicable: none 4) It is desired and requested that this property be rezoned from mixed use to residential 5) This rezoning is requested to allow the following use(s): residential 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8-1/2" x 11"format. Signature(s) of All Property owner(s) or Attorney for all property Owner(s) P~TITION PREPARED BY: Janine Russell-Hodes 218 Chapin Street South Bend, IN 46601 574-707-1959 ninerh(cr~,comcast.net CONTACT PERSON: (If different) Jeffrey J. Hodes 218 Chapin Street South Bend,1N 4660 574-707-1959 ~~(~;~ ~~ C~~1'~('~ ~tiii~~ ninerh(cr~,comcast.net h~AY 2 1 2007 JG!'y VGG~i^u•E CITY G#.ciK, SG. BEIiD, IM. 5~~~~ 6.a.) Legal Description LOTS 8 -10 OF HUSTON'S SUBDIVISON BEING A PART OF THE NORTHEAST QUARTER OF SECTION 11, T. 37 N., R. 2 E. PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA Tax Key No. 18-3051-1936 Filed in G~~rf~;'~ ~~$i~~ h1AY 2 1 2007 JCHfiJ VOORDE CITY CLERK, E0. EZEPlD, IN. S ~s~~ 6.b.) Statement of Purpose and Intent This ordinance is being requested to change the zoning at 218 Chapin Street from mixed use zoning to residential. This is the home (only) of Jeffrey J. Hodes and Janine Russell-Hodes. ~E~t'.~ ~n lit~t`~'a'~ €~ie~~~ ~~~ AY 2 1 207 ~cL1r~ voosce csrr ca F~t~, sa. c~~~, in. ORDINANCE NO. 9774.07 AN ORDINANCE AMENDING THE ZON- ING ORDINANCE FOR PROPERTY LOCATED AT 218 CHAPIN STREET, COUNCIL- State Of Indlan8 MANIC DISTRICT 2, IN THE CITY OF SOUTH , St. Joseph County as' BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This ordinance is being h Personally appeared before me, a notary public in and for said county and e requested to change t zoning at 21 s cnapin d MU Mi state the undersiRlled Carol Smith xe Street from Use District to SF2 Sin- gle Family and Two Fam- ~ b W110, being duly sworn says that she is of competent age and is ily District. This is the home (only) of Jeffrey J. AdVertlSln„ Director of The South Bend Tribune, a Hid^s and Janine Rus- sell-uodes• dally newspaper which for at least five (5) consecutive years has been NOW THEREFORE BE IT ORDAINED by the State of Indiana, county of St. Joseph published in the City of South Bend Common Council of the , , city of South Bend, Indi- ll and which during that time has been a news a er of eneral circulation ~ lJ P g ~ ows: ana as fo SECTION 1. Ordinance is 9495-04 a having a bona fide paid circulation, printed in the English language and , No. amended, which ordi- nance is commonly entered, authorized and accepted by the post office department of the known as the Zoning Or- dinance of the city of United States of America as mailable matter of the secund-class as defined South Bend, Indiana, be and the same hereby .s 1879 and that the b the act of Con ress of the United States of March 3 y g amended in order that , , the zoning classification - d printed matter attached hereto is a true copy, which was duly published iri e of the following _ ;!c:;d real estate i,, the d B ` said newspaper. ea . South n Joseph County, State of Indiana: Lot 8 8. The Western 132.85' of the Lots 9 ~ 1 time s the dates of publication being as follows: 10 of Huston's Subdivi- , son Being a Part of the Northeast Quarter of Section 11, T. 37N., R. 2E. Portage Township, August 24, 2007 St. Joseph County, Indi- ana be and the same is hereby established as SF2 Single Family and District Famil T (// //J ~ . y wo SECTION II. This ordi- v / t. nance shall be in full force and effect from and after its passage by the - d Subscribed and sworn to before me this 29th daV , ap Common Coune proval by the Mayor, and n ti bl l J . ica o pu lega Timothy A. Rouse Member of the Of AL1gUSt 200 1 Common Council Passed on August 13, 2007, by the Common Council of the City of ` South Bend, Indiana, as ~ amended. kc Presented to, approved i ~ and signed by Mayor Stephen J. Luecke, on Geraldine Dickey August 15, 2007. Approved: Notary Public Timothy A. Rouse, President of the Resident of St Joseph County Common Council . John Voorde, Cityy Clerk 1 T: 8: 24 My commission expires January 28, 2009 Charges $28.55 TRI COUNTY NEWS, INC. POST OFFICE BOX 6666 SOUTH BEND, IN 46660-6666 TELEPHONE: (574) 243-4664 Fax: (574)243-4916 PROOF OF PUBLICATION State of Indiana, St. Joseph County, ss.: Personally came before me, the undersigned, Richard J. Andrysiak, Office Manager of the Tri County News; that he is authorized to make this affidavit in it's behalf; that the Tri County News is a public newspaper of general circulation printed and published in the English language in the City of South Bend, in the aforesaid county and state; that a notice of which the copy attached hereto is a true and convect copy, was published in said newspaper. time(s), the date of publication being as follows: 8/24/2007 Fee: $21.32 Subscribed and sworn to before me this 24th day of August, 2007 Lisa J. Andrysiak, Notary Public Resident, St.loseph County My Commission expires February 16, 2008 PROOF OF PUBLICATION ORDINANCE N0. 9774-07 AN ORDINANCE AMENDING THE ZONING OR- DINANCE FOR PROPERTY Ltri..:TED AT 218 CHAPIN STREET, COUNgLMANIC DISTRICT 2, IN THE CITY OF SOUfH BEND, INDIANA STATEMENT OF PURPOSE AND INTEtJT This onlinance is being requested to change the inning at 218 Chapin Street from MU Mixed llse Dishid m SF2 Single Fatly and Two Family District This is the home (only) of Jeffrey J. Hodes and Janine RusselFHodes. NOW THEREFORE BE RORDAINED bythe Com- mon Council of the qty of South Bend, Indiana as (allows: 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 orderthatthe inning dassif cation of the fdlowing descdbed real estate in the qty MSouth Bend, SL Joseph County, State of Indiana: Lot B 8 The Western 132.85 of the Lots 9 810 of Huston's Subdivision Being a Partof the Northeast Quarter of Section 11, T 37N., R. 2E. Portage Township, SL Joseph County, Indiana he and the same is hereby establ'~shed as SF2 Single Famiy and Two Family DishicL SECTION II. This ordinance shall he in full force and etted from and after its passage by lire Com- mon Council, approval by the Mayor, and legal publication. Timothy A Rouse Member of the Common Council Passed on August 13, 2007, by the Common Coundl of the City of South Bend, Indiana, as amended. Presented to, approved and signed by Mayor Stephen J. Luecke, on August 15, 2007. Approved: Timothy A. Rouse, President of the Common Counal John Voorde, City perk 1 t, 8-24