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Home My WebLink About70-18 131 Chapin Street Zoning Admendment LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Di rector 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 DEC 0 5 2018 4th Floor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE: 131 Chapin Street APC#2885-18 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.STJOSEPHCOUNTYINDIANA.COM/A R E A P L A N Filed in Clerk's Office DEC 0520181 BILL NO. 70-18 j KAREEMMMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND,IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 131 CHAPIN STREEET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF2 to 0 for a hotel. 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 LOT OF PARCEL OF LAND FIFTY-TWO (52) FEET IN WIDTH FRONTING ON SOUTH CHAPIN STREET, AND BEING A PART OF LOT NUMBERED TEN (10) AS SHOWN ON THE PLAT OF ANN THOMAS' SUBDIVISION OF A PART OF BANK OUT LOT NUMBERED SEVENTY-FOUR(74) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS: BEGINNING ON THE WEST LINE OF SOUTH CHAPIN STREET AT A POINT 70 FEET SOUTH OF THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR(74); THENCE RUNNING WEST 146.90 FEET TO A POINT 50 FEET EAST OF THE EAST LINE OF THE LOT NUMBERED TWENTY-NINE(29) IN ANN THOMAS' SUBDIVISION OF THE NORTHWEST PART OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR(74); THENCE SOUTH 52 FEET; THENCE EAST TO THE WEST LINE OF CHAPIN STREET; THENCE NORTH 52 FEET TO THE PLACE OF BEGINNING. ALSO, THE EAST FIVE (5) FEET OF THE PRIVATE OR VACATED PUBLIC ALLEY LYING WEST AND ADJACENT TO THE ABOVE DESCRIPTION. be and the same is hereby established as 0 Office District. SECTION II. 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, 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 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: 131 Chapin Street Gust south of Washington on the west side) ft house north of the Studebaker National Museum. South Bend, IN 46601-2519 2) The property Tax Key Number(s) is/are: Enter property tax key number(s) 3) Legal Descriptions: Part of Lot 10 in Ann Thomas'Subd of Part of Bank Out Lot 74 of the P. Plat of Lots of the City of South Bend, IN 4) Total Site Area: 7,899 sq.ft. .18 Ac Filed in Clerk's Office 5) Name and address of property owner(s)of the petition site: Donald R. Lindner (Trustee Lindner Family Trust dated 3/21/2014. DEC 05 2018 900 Thomas Street _ _ South Bend, IN 46601-2537 KAREEMAH FOWLER 314-973-8686 CITY CLERK,SOUTH BEND,IN dlindner@mac.com Name and address of additional property owners, if applicable: Other address 1447 Rose Hill Lane, St. Peters,MO 63376-3744 6) Name and address of contingent purchaser(s), if applicable: .~ N/A Name Address City, State Zip Code CEC 03 2018 Phone number with Area Code E-Mail Address AREA PLAN CP��', .10 Le A. •lic3tion#e..la b _. Name and address of additional property owners, if applicable: Wife,Janet V. Lindner,same Missouri address. 7) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: 0 Office District 8) This rezoning is requested to allow the following use(s): Hotel 6 Rooms (Already own B&B). IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1) From the required perimeter landscape to none. 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 r` community: There is already existing landscape on the site. (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: Improving and updating the property (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: This is a museum area zoned office. Strict application would require us to remove existing landscaping. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) The Special Exception Use(s)being requested: Insert text 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: Please explain how your Special Exception Use petition addesses this criteria (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addesses this criteria (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: Please explain how your Special Exception Use petition addesses this criteria (d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Please explain how your Special Exception Use petition addesses this criteria * 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: Donald Lindner 900 Thomas Street South Bend, IN 46601-2537 Cell 314-973-8686 dlindner@mac.corn 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): "111 1 - u i . � . EEC 032010 AREA PLAN C' / 1 V� /JO • :�UABONMARCH E 750 Lincoln Way East Battle Creek Goshen South Bend,IN.46601 Benton Harbor Hobart T 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmarche.com Valparaiso Engineering •Architecture•Land Surveying C RULE 12 BOUNDARY SURVEY SO. CHAPIN STREET MAG SET 1' E. 0/S FENCE COR. 0.4' N. & 0.2' W. -6acTc 0TcuE — I I conc. walk NO0'27'59"W J L — — — — L 1 - 70.00'(r) — SM_AG NO °27'59"W 52.00' 0SMAG /.FIP FENCE ON LINE'I-1 ( I STEEL I OUND 13) C.O.C. I 11 CALC. NE. COR. MAG SET 1' E. 0/ I o - ai BAR ANN. THOMAS' SUB. OF POINT OF N conc. \ I (HELD) OF B.O.L. 74 BEGINNING L._ _ (FENCE ON COR.) _._ Y`\ 1 � 5d - - - _J — I1' II oFIP 1I I � I I � I 1 m I -I \ 6.5'± di- I �I r o J WOODS FRAMED I "'II N 6 ` HOUSE 1 b I w. -6 In o Filed in Clerk's Office N.' t 1 f/ ' S /48, ,(---` co, 63 (V.QU h 0 4 DEC 0 5 2018 )(6:).•\\ ,,7) ' I In.Z KAREEMAH FOWLER \ F— --a I I c CITY CLERK,SOUTH BEND,IN y co 1 L1 — J ' I Q I N co w �\��i H I a ° J �� I c °FENCE bOR. II I �`ti Z ^y4i 1 q^^ 0.7' N. OF (LINE II i h^� lx Z a 1 c8nc° ° I u l ;[>,:z_sk‘ \ CI; 0 3 2018 �� 1 r,.; o . :v 3.2't =Loc- I a B 1 „w_ al, II '__�.t► 1 CABIN I 1 °1 z ti` ___ ^ ...._SH _' 3.1'± r _ 1 ° , ° °L _ - -1 zz '' FENCE COR. I SHED I I ° ° ,, I i w 0.7' S. OF LINE _-_—_ °�I z 5 J — L— a ° cont. 1 O FIP I GARAGE I ,,--ko al � a • 3lI • (HELD) I I I I 6 1 _ I _° ••.-LEGEND 3.3- — — — EAST 5 FT. VACATED ALLEY SMAC ,• •IP FOUND IRON PIPE SMAC • F RRs _ _ _ _ asph. N 800°27'59"E 52.00' FOUND RAILROAD SPIKE ca-- aSMAG SET MAG AND DISK (ABONMARCHE FIRM #50) 1. 1 • asph. CONCRETE VACATION ORDINANCE 'mommC co- asph. ASPHALT 9469-03 INSTR #0408980 7,898.80 SQ.FT. CO • (r) RECORD DISTANCE (0.18 ACRES±) CHAIN LINK FENCE 0 10 20 Z - O ❑ El ❑ WOOD FENCE / / IRON FENCE SCALE: 1 =20'• Qp PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18 N 131 S.CHAPIN ST.,SOUTH BEND,IN.46601 > ♦ O s FIELDBOOK: RBS 9,PG. 1 DRAWN PROPERTY DESCRIPTION: BY: CMR V ♦ N PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OF REVIEWED BY: MJR SECTION: 1 1-T37N-R2E (n A PART OF BANK OUT LOT 74 OF THE 1ST. PLAT OF e' + O OUT LOTS OF THE CITY OF SOUTH BEND,IN. SCALE: 1"=20' SHEET 1 OF 3 COPYRIGHT 2018-ABONMARCHE CONSULTANTS,INC. IAbQNMARCME - 750 Lincoln Way East Battle Creek Goshen South Bend,IN.46601 Benton Harbor Hobart T 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmarche.com Valparaiso Engineering •Architecture•Land Surveying RULE 12 BOUNDARY SURVEY LEGAL DESCRIPTION: (PER DEED) A LOT OR PARCEL OF LAND FIFTY-TWO (52) FEET IN WIDTH FRONTING ON SOUTH CHAPIN STREET,AND BEING A PART OF LOT NUMBERED TEN (10) AS SHOWN ON THE PLAT OF ANN THOMAS'SUBDIVISION OF A PART OF BANK OUT LOT NUMBERED SEVENTY-FOUR(74) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN,NOW CITY OF SOUTH BEND,PLATTED BY THE STATE BANK OF INDIANA,WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS:BEGINNING ON THE WEST LINE OF SOUTH CHAPIN STREET AT A POINT 70 FEET SOUTH OF THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR (74);THENCE RUNNING WEST 146.90 FEET TO A POINT 50 FEET EAST OF THE EAST LINE OF THE LOT NUMBERED TWENTY-NINE (29) IN ANN THOMAS'SUBDIVISION OF THE NORTHWEST PART OF SAID BANK OUT LOT NUMBERED SEVENTY-FOUR(74); THENCE SOUTH 52 FEET;THENCE EAST TO THE WEST LINE OF CHAPIN STREET;THENCE NORTH 52 FEET TO THE PLACE OF BEGINNING. ALSO,THE EAST FIVE (5) FEET OF THE PRIVATE OR VACATED PUBLIC ALLY LYING WEST AND ADJACENT THE ABOVE DESCRIPTION. 1 Filed in Clerk's Office DEC 052018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN w 9 t� I LEC 03 2018 ARE, .I0 AOr ,f Ar o 03 . PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18 y 131 S.CHAPIN ST.,SOUTH BEND,IN.46601 ♦ Oo a FIELDBOOK: RBS 9,PG. 1 DRAWN BY: CMR e PROPERTY DESCRIPTION: q PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OF } REVIEWED BY: MJR SECTION: 11-T37N-R2E N o A PART OF BANK OUT LOT 74 OF THE 1ST.PLAT OF ♦ N OUT LOTS OF THE CITY OF SOUTH BEND,IN. SCALE: N/A SHEET 2 OF 3 COPYRIGHT 2018-ABONMARCHE CONSULTANTS,INC. EIAbQNMAKCML .., . ... • 750 Lincoln Way East Battle Creek Goshen South Bend,IN.46601 Benton Harbor Hobart T 574.232.8700 Manistee Lafayette F 574.251.4440 South Haven South Bend abonmarche.com Valparaiso Engineering •Architecture•Land Surveying I 1 RULE 12 BOUNDARY SURVEY SURVEYOR'S REPORT: IN ACCORDANCE WITH TITLE 865.ARTICLE 1.1,CHAPTER 12,OF THE INDIANA ADMINISTRATIVE CODE,THE FOLLOWING OBSERVATIONS AND OPINIONS ARE SUBMITTED REGARDING THE VARIOUS UNCERTAINTIES IN THE LOCATIONS OF THE LINES AND CORNERS ESTABLISHED ON THIS SURVEY AS RESULT OF: A) AVAILABILITY AND CONDITION OF REFERENCE MONUMENTS; B) OCCUPATION OR POSSESSION LINES; C) CLARITY OR AMBIGUITY OF THE RECORD DESCRIPTION USED AND OF ADJOINERS'DESCRIPTIONS AND THE RELATIONSHIP OF THE LINES OF THE SUBJECT TRACT WITH ADJOINERS'LINES; D) THE RELATIVE POSITIONAL ACCURACY OF THE MEASUREMENTS. _a -- • ---•----- " .— CLIENT NAME:DONALD LINDER Filed in Clerk's C:..' OWNERS OF RECORD:DEVISEES OF DELORES KWIECINSKI,DECEASED ---.—.. TYPE OF SURVEY AND PURPOSE:RETRACEMENT SURVEY p A) THE REFERENCE MONUMENTS USED AND HELD ARE AS SHOWN ON THE FACE OF THE SURVEY. DEC O 5 2018 B) RIGHT-OF-WAYS,ROAD IMPROVEMENTS AND FENCES AS SHOWN. KAREEMAH FO VLER C) AMBIGUITY OF RECORD DESCRIPTIONS:NONE CITY CLERK'SOUTH BEN — D) THE CLASSIFICATION OF THIS SURVEY ISA SUBURBAN SURVEY: 0.13 FEET(40 MILLIMETERS)PLUS 100 PARTS PER MILLION. THEORY OF LOCATION: THE EAST AND WEST LINES OF THE SUBJECT PARCEL WERE ESTABLISHED BY SPLITTING THE EXISTING CURB ON CHAPIN STREET. THIS THEORY AGREED WITH THE FOUND STEEL BAR AT THE SOUTHEAST CORNER OF THE SUBJECT TRACT. FROM SAID FOUND BAR AND PARALLEL WITH THE BEFORE MENTIONED CURB. A RECORD DISTANCE WAS CALCULATED UP TO THE NORTHEAST CORNER OF ANN THOMAS SUB. THE NORTH AND SOUTH LINES OF THE SUBJECT TRACT WERE CALCULATED PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION. AS A RESULT OF THE ABOVE OBSERVATIONS,IT IS MY OPINION THAT THE UNCERTAINTIES IN THE LOCATIONS OF THE LINES AND CORNERS ESTABLISHED ON THIS SURVEY ARE AS FOLLOWS: DUE TO VARIANCES IN REFERENCE MONUMENTS:0.5'N/S&2'E/W DUE TO DISCREPANCIES IN THE RECORD DESCRIPTION:NONE DUE TO INCONSISTENCIES IN LINES OF OCCUPATION:3'+/- NOTES: PLATS AND NOTES USED. 1. ABONMARCHE RECORDS 2. COUNTY GIS. --_ 3. ADJOINING DEEDS - ,—^" 4. ANN THOMAS SUBDIVISION " 1 5. SURVEY BY LEO WITUCKI DATED 10/22/42 rr 1. A ROBOTIC TOTAL STATION AND GPS WERE USED TO COLLECT THE DATA FOR THE PROJECT. DSL O J ZO�8 s c THE FIELD WORK FOR THIS PROJECT WAS PERFORMED IN OCT.4TH 2018. ? 4 a TITLE WORK WAS PROVIDED BY METROPOLITAN TITLE 4041-122373 �U6 D BASIS OF BEARING: STATE PLANE COORDINATE SYSTEM(INDIANA EAST) l a LAND SURVEYOR'S CERTIFICATE: • I, MICHAEL J. ROZYCKI, HEREBY CERTIFY THAT I AM A LAND SURVEYOR, LICENSED IN COMPLIANCE 6. WITH THE LAWS OF THE STATE OF INDIANA,AND THAT THIS SURVEY WAS PERFORMED WHOLLY BY OR • UNDER MY DIRECTION ON OCTOBER 4,2018 AND TO THE BEST OF MY KNOWLEDGE AND BELIEF,WAS EXECUTED ACCORDING TO THE SURVEY REQUIREMENTS IN TITLE 865, ARTICLE 1.1, CHAPTER 12, ``111111ift// SECTIONS 1 THROUGH 29 OF THE INDIANA ADMINISTRATIVE CODE(IAC). `\�� //i// `� e-\- J J. Rn ///, I AFFIRM UNDER THE PENALTIES FOR PERJURY,THAT I HAVE TAKEN .� Q' ,�%, ""',,,,`!� '/,i 1 REASONABLE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN .V�;��C,1STERFO's -'% 3 THIS DOCUMENT, UNLESS REQUIRED BY LAW. _ �, Z-..... = LS20500010 = ` v /23 f8 " STATE OF ' W '-/tio SP's' z g MICHAEL J.ROZYCKI,PS DATE " \ I ,IIto• STAOTEESSIONAL OF INDIANAND SURVEYOR #20500010 ////�u rSU'R\I \\�` o 03 • PROPERTY ADDRESS: DATE OF FIELDWORK: 10/04/18 DATE: 10/22/18 131 S.CHAPIN ST.,SOUTH BEND,IN.46601 F EI DL BOOK: RBS 9,PG. 1 4 DRAWN BY: CMR V� 03 y PROPERTY DESCRIPTION: 4 1 .y PART OF LOT 10 IN ANN THOMAS'SUBDIVISION OFREVIEWED BY: MJR SECTION: 1 1 T37N R2E IV d A PART OF BANK OUT LOT 74 OF THE 1ST.PLAT OF (J7 o OUT LOTS OF THE CITY OF SOUTH BEND,IN. } SCALE: N/A ♦SHEET 3 OF 3 COPYRIGHT 2018-ABONMARCHE CONSULTANTS.INC.