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HomeMy WebLinkAbout69-18 2610 E. Jefferson Boulevard Zoning Admendment LAWRENCE P. MAGLIOZZI EXLCU3 16E 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 (574) 235-9571 December 5, 2018 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building DEC 0 5 2018 South Bend, IN 46601 ----� KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: 2610 E. Jefferson Boulevard APC# 2884-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your December 10th,2018 Council meeting, and set it for public hearing at your January 28th, 2019 Council meeting. The petition is tentatively scheduled for public hearing at the January 15th, 2018 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. Sin rely, Jor an Wyatt Planner CC: Bob Palmer 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 OU N T Y IND IA N A.COM/A R E A PLAN Filed in Clerk's Office BILL NO. 69-18 DEC 05 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND. IN AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 2610 EAST JEFFERSON BOULEVARD, COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from OB to MF1 and seek a Special Exception Use for a group residence. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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: A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana, lying North of the right-of-way of the Grand Trunk Western Railroad, now within and a part of the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 62.5 feet South and 971.57 feet West of the Northeast corner of said Quarter-Quarter Section, said point being the intersection of the South line of Jefferson Boulevard with the West line of a 13 foot public alley; thence South 90°00'00" West along said South line of Jefferson Boulevard, 141.50 feet to the intersection of said South line with the East line of 26th Street; thence South 00°02'00" East along said East line 157.65 feet; thence North 90°00'00" East, 141.50 feet to the West line of a 13 foot public alley; thence North 00°02'00" West, along said West line 157.65 feet to the place of beginning. EXCEPTING THEREFROM, A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana, lying North of the Right-of-Way of the Grand Trunk Western Railroad, now within and a part of the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 62.5 feet South and 1064.07 feet West of the Northeast corner of said Quarter-Quarter Section, said point being 92.50 feet West of the intersection of the South line of Jefferson Boulevard with the West line of a 13 foot public alley; thence South 90°00'00" West along the South line of Jefferson Boulevard, 48.90 feet to the intersection of said South line with the East line of 26th Street; thence South 00°02'00" East along said East line 157.65 feet; thence North 90°00"00" East 59.30 feet; thence North 00°02'00"West 72.45 feet; thence South 90°00'00" West, 10.40 feet; thence North 00°02'00" West, 85.20 feet to the place of beginning. be and the same is hereby established as MF 1 Urban Corridor Multifamily District. SECTION II. That a Special Exception Use for a group residence in a MFJ Urban Corridor Multifamily District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION IV. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of ,2018, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South BendIndiana 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: 2610 East Jefferson Boulevard Filed in Clerk's Office South Bend, Indiana 46615 2) The property Tax Key Number(s)is/are: 018-6139-4715 mc 0 5.2010_ 3) Legal Descriptions: See Attached Kp,REEHIIAH FOWLER CITY CLERK, SOUTH BEND,Ih! 4) Total Site Area: 13,836.39 square feet: 0.318 acres 5) Name and address of property owner(s)of the petition site: Richard D. Patterson Think Big LLC, an Indiana limited liability company 2610 East Jefferson Boulevard South Bend, Indiana 46615 574 271-1771 drdougpatterson@gmail.corn Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Tia Corp., a Michigan corporation 121 Capital Avenue N.E. 1 Battle Creep Michigan 49017 269 704-7563 spowell@rehabadmin.com Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: — From: Choose current zoning district OB Office Buffer District '� k.-4 'J To: MF1 Urban Corridor Multifamily District NOV 29 2018 8) This rezoning is requested to allow the following use(s): Group Residence AREA PL-\N C: A. licaUon4 3V-I Q IF VARIANCE(S) ARE BEING REQUESTED (if not,please skip to next section): 1) List each variance being requested. Contact Commission Staff ifyou need assistance with wording. 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: Please explain how your variance petition addesses this criteria (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: Please explain how your variance petition addesses this criteria (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) The Special Exception Use(s)being requested: Group Residence 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: There will be no changes to the exterior of the building or parking lot and the public will not be affected by the new use. (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: The adjacent area is multi family and residential in use, which is the intended use of this property. Therefor the use and value of the adjacentproperties will not be affected (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: The surrounding properties are residential in nature as is the proposed use of this property (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.As residential in nature, the property is compatible with the 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: Edward M. Fisher 303 East Third Street Mishawaka, Indiana 46544 (574)255-8377 fishersurvey@aol.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): tC& -- ©f.3,7�-i". e, ' ik - NOV 2 9 2018 AREA PLIN CC 4,!,-;e1;:,, iiK Application tr�eAni EXHIBIT"A" A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana, lying North of the right-of-way of the Grand Trunk Western Railroad, now within and a part of the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 62.5 feet South and 971.57 feet West of the Northeast corner of said Quarter-Quarter Section, said point being the intersection of the South line of Jefferson Boulevard with the West line of a 13 foot public alley; thence South 90°00'00"West along said South line of Jefferson Boulevard, 141.50 feet to the intersection of said South line with the East line of 26th Street; thence South 00° 02'00" East along said East line 157.65 feet; thence North 90° 00'00" East, 141.50 feet to the West line of a 13 foot public alley; thence North 00°02'00"West, along said West line 157.65 feet to the place of beginning. EXCEPTING THEREFROM, A part of the Northeast Quarter of the Southwest Quarter of Section 8, Township 37 North, Range 3 East, St. Joseph County, Indiana, lying North of the Right-of-Way of the Grand Trunk Western Railroad, now within and a part of the City of South Bend, Indiana, more particularly described as follows: Beginning at a point 62.5 feet South and 1064.07 feet West of the Northeast corner of said Quarter-Quarter Section, said point being 92.50 feet West of the intersection of the South line of Jefferson Boulevard with the West line of a 13 foot public alley; thence South 90°00'00"West along the South line of Jefferson Boulevard, 48.90 feet to the intersection of said South line with the East line of 26th Street;thence South 00°02'00" East along said East line 157.65 feet; thence North 90°00"00" East 59.30 feet; thence North 00°02'00"West 72.45 feet; thence South 90°00'00"West, 10.40 feet; thence North 00°02'00"West, 85.20 feet to the place of beginning. Property Address Reference: 2610 East Jefferson Boulevard, South Bend, IN 46615 Filed in Clerk's Office DEC 052018 KAREEMAH FOWLER CIN CLERK,SOUTH BEND,IN A .. . v., NOV 29 2018 AREA P'..N: r " This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by First American not valid without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schtedule B,Part II—Requirements Schedule B,le Insurance Company. This CommitmentsPart ll—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and AMER ICAN ALTA members in good standing as of the date of use.All other uses are prohibited. LAND uric Reprinted under license from the American Land Title Association. 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