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HomeMy WebLinkAbout19-19 1510 and 1520 Washington Street and 1636 Circle Avenue LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Depurr Direr<or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 AA . jEFFERHUA BLAD.. ROOM II+U CUUAF1 -C1TY BUILDING, vUUIH BEND. IADIA\ 466111 147+1 230-9571 June 13, 2019 Filed in Clerk's Office Honorable Common Council JUN 19 2019 4th Floor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN N RE: 1510 and 1520 Washington Street and 1636 Circle Avenue APC#2906-19 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 24th, 2019 Council meeting and set it for public hearing at your July 22nd, 2019 Council meeting.The petition is tentatively scheduled for public hearing at the July 16th,2019 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. The petitioner provided the following narrative to describe the proposed project: The proposed project will allow for the construction of a multi-family complex. If you have any questions, please feel free to contact our office. Sincerely, Shawn Klein Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W .STJOSEPFICOUNTTINDIANA C O M A R t A P L A N Filed in Clerk's Office JUN 192019 BILL NO. 19-19 KAREEMAH FOWLER ORDINANCE NO. CITY CLERK,SOUTH BEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1510 AND 1520 WASHINGTON STREET AND 1636 CIRCLE AVENUE, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LI to MU for the construction of a multi-family dwelling complex. 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: ALL THAT PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST, SITUATED IN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH AND STATE OF INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 8, AS SAID LOT IS KNOWN AND DESIGNATED ON THE RECORDED PLAT OF HARLINS SUBDIVISION OF LOT 82 OF STATE BANKS SECOND PLAT OF OUTLOTS, SAID SUBDIVISION BEING RECORDED IN PLAT BOOK 8, PAGE 161 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 90° WEST, ALONG THE SOUTH LINE OF WASHINGTON STREET (82.5 FEET WIDE) A DISTANCE OF 139.75 FEET TO THE NORTHWEST CORNER OF LAND DEEDED TO PACER OIL COMPANY, INCORPORATED IN DEED RECORD 678, PAGE 117 IN THE SAID OFFICE OF THE RECORDER, SAID POINT BEING THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 0°16' EAST, ALONG THE WEST LINE OF SAID PACER OIL COMPANY, INCORPORATED LAND A DISTANCE OF 258.4 FEET TO A POINT; THENCE SOUTH 5°39' EAST, ALONG THE WEST LINE OF SAID PACER OIL COMPANY, INCORPORATED LANCE A DISTANCE OF 8.43 FEET TO A POINT; THENCE SOUTH 90° WEST, PARALLEL WITH THE SOUTH LINE OF SAID WASHINGTON STREET A DISTANCE OF 44.47 FEET TO A POINT, SAID POINT BEING 50 FEET (MEASURED AT RIGHT ANGLES) FROM THE CENTERLINE OF THE FORMER PENN CENTRAL RAILROAD RACK; THENCE NORTH 27°31'30" WEST, PARALLEL WITH AND 50 FEET (MEASURED AT RIGHT ANGLES) FROM THE CENTERLINE OF SAID RAILROAD TRACK A DISTANCE OF 129.51 FEET TO A POINT; THENCE NORTH 0°16' WEST, PARALLEL WITH THE WEST LINE OF SAID PACER OIL COMPANY, INCORPORATED LAND A DISTANCE OF 151.92 FEET TO A POINT ON THE SOUTH LINE OF SAID WASHINGTON STREET; THENCE NORTH 90° EAST, ALONG THE SOUTH LINE OF SAID WASHINGTON STREET A DISTANCE OF 103 FEET TO THE PLACE OF BEGINNING. PARCEL II: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN IN THE CITY OF SOUTH BEND MORE PARTICULARLY DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF WASHINGTON STREET WITH THE EAST LINE OF SAID SECTION 10, SAID POINT BEING 25 FEET WEST OF THE NORTHWEST CORNER OF LOT NUMBERED 8 AS SHOWN ON HARLIN'S SUBDIVISION OF BANK OUT LOT NUMBERED 82 IN SAID CITY; THENCE SOUTH AT AN INTERIOR ANGLE OF 90°05' ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 325 FEET; THENCE WEST AT AN ANGLE OF 89°55' A DISTANCE OF 107.96 FEET; THENCE NORTHWESTERLY AT AN ANGLE OF 95°39'A DISTANCE OF 66.78 FEET; THENCE NORTH AT AN ANGLE OF 174°37' A DISTANCE OF 258.4 FEET TO THE AFORESAID SOUTH LINE OF WASHINGTON STREET; THENCE EAST AT AN ANGLE OF 89°44' ALONG THE SOUTH LINE OF SAID WASHINGTON STREET A DISTANCE OF 114.75 FEET TO THE PLACE OF BEGINNING. PARCEL III: BEGINNING AT THE INTERSECTION OF WASHINGTON AVENUE IN THE CITY OF SOUTH BEND, WITH THE WEST LINE OF BANK OUT LOT NUMBERED EIGHTY-TOW (82) OF THE SECTION PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA; THENCE RUNNING EAST ON THE SOUTH LINE OF WASHINGTON AVENUE 140 FEET TO THE WEST LINE OF A PUBLIC ALLEY 14 FEET WIDE; THENCE SOUTH ALONG THE WEST LINE OF SAID ALLEY 373 FEET; THENCE WEST 140 FEET MORE OR LESS TO THE WEST LINE OF SAID BANK OUT LOT NUMBERED 82; THENCE NORTH ON THE WEST LINE OF SAID BANK OUT LOT NUMBERED 82, 373 FEET TO THE PLACE OF BEGINNING; AND BEING ALL OF PART WHICH WAS FORMERLY LOTS NUMBERED SIX(6), SEVEN (7), EIGHT (8), SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), TWENTY-ONE (21) AND ALL OF LOT NUMBERED FIVE (5), EXCEPTING 7 FEET OFF OF THE EAST SIDE AND ALL OF LOT NUMBERED 22, EXCEPTING 4 FEET OFF OF THE SOUTH SIDE THEREOF, TOGETHER WITH THE VACATED HARLIN COURT LYING WEST OF THE SAME AND THE VACATED ALLEY LYING NORTH OF SAID LOT NUMBERED 16, AS SHOWN ON THE RECORDED PLAT OF HARLIN SUBDIVISION OF SAID BANK OUT LOT NUMBERED 82 NOW VACATED AND COMMONLY KNOWN AS 1510 WEST WASHINGTON STREET, IN SOUTH BEND, INDIANA. CONTAINING 2.64 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as MU Mixed Use 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, 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 ,2019, at o'clock . m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2019, 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: 1510 Washington, 1520 Washington, and 1636 Circle South Bend, IN 46601 2) The property Tax Key Number(s) is/are: 018-3077-3062, 018-2002-001703, 018-2002-001705 3) Legal Descriptions: PARCEL I. All that parcel of land being a part of the Northeast Quarter of Section 10, Township 37 North, Range 2 East, situated in the City of South Bend, County of St. Joseph and State of Indiana, being more particularly described as follows: Commencing at the Northwest corner of Lot 8, as said Lot is known and designated on the recorded Plat of Harlins Subdivision of Lot 82 of state Banks Second Plat of Outlots, said Subdivision being recorded in Plat Book 8,page 161 in the Office of the Recorder of St. Joseph County, Indiana; thence South 90° West, along the South line of Washington Street(82.5 feet wide) a distance of 139.75 feet to the Northwest corner of land deeded to Pacer Oil Company, Incorporated in Deed Record 678,page 117 in the said Office of the Recorder, said point being the place of beginning of this description; thence South 0°16'East, along the West line of said Pacer Oil Company, Incorporated land a distance of 258.4 feet to a point; thence South 5°39'East, along the West line of said Pacer Oil Company, Incorporated lance a distance of 8.43 feet to a point; thence South 90° West,parallel with the South line of said Washington Street a distance of 44.47 feet to a point, said point being 50 feet(measured at right angles)from the centerline of the former Penn Central Railroad Rack; thence North 27°31'30" West,parallel with and 50 feet(measured at right angles)from the centerline of said Railroad Track a distance of 129.51 feet to apoint; thence North 0°16'West,parallel with the West line of said Pacer Oil Company, Incorporated land a distance of 151.92 feet to a point on the South line of said Washington Street; thence North 90°East, along the South line of said Washington Street a distance of 103 feet to the place of beginning. PARCEL II:A parcel of land in the Northeast Quarter of Section 10, Township 37 North, Range 2 East of the Second Principal Meridian in the City of South Bend more particularly described as follows, viz: Beginning at the point of intersection of the South line of Washington Street with the East line of said Section 10, said point being 25 feet West of the Northwest corner of Lot Numbered 8 as shown on Harlin's Subdivision of Bank Out Lot Numbered 82 in said city; thence South at an interior angle of 90°05'along the East line of said Section a distance of 325 feet; thence West at an angle of 89°55'a distance of 107.96 feet; thence Northwesterly at an angle of 95°39'a distance of 66.78 feet; thence North at an angle of 174°37'a distance of 258.4 feet to the aforesaid South line of Washington Street; thence East at an angle of 89°44'along the South line of said Washington Street a distance of 114.75 feet to the place of beginning. PARCEL Ill: Beginning at the intersection of Washington Avenue in the City of South Bend, with the West line of Bank Out Lot Numbered Eighty-tow (82) of the Section Plat of Out Lots of the Town, now City of South Bend,platted by the State Bank of Indiana; thence running East on the South line of Washington Avenue 140 feet to the West line of a public alley 14 feet wide; thence South along the West line of said alley 373 feet; thence West 140 feet more or less to the West line of said Bank Out Lot Numbered 82; thence North on the West line of said Bank Out Lot Numbered 82, 373 feet to the place of beginning; and being all of part which was formerly Lots Numbered Six (6), Seven (7), Eight (8), Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty(20), Twenty-One (21) and all of Lot Numbered Five (5), excepting 7 feet off of the East side and all of Lot Numbered 22, excepting 4 feet off of the South side thereof together with the vacated Harlin Court lying West of the same and the vacated alley lying North of said Lot Numbered 16, as shown on the recorded Plat of Harlin Subdivision of said Bank Out Lot Numbered 82 now vacated and commonly known as 1510 West Washington Street, in South Bend, Indiana. 4) Total Site Area: 2.64 acres 5) Name and address of property owner(s)of the petition site: Department of Redevelopment City of South Bend 227 W Jefferson South Bend, IN 46601 -FILED- 6) Name and address of contingent purchaser(s), if applicable: JUN 12 2019 Name AREA PLAN C• ;M SSION Address City, State Zip Code A••lication#- 90 • -17 Phone number with Area Code E-Mail Address 7) It is desired and requested that this property be rezoned: From: LI Light Industrial District To: MU Mixed Use District 8) This rezoning is requested to allow the following use(s): Multi family Housing 9) Provide a brief and descriptive narrative of the proposed project: The proposed project will allow for the construction of a multi family complex. IF VARIANCE(S)ARE BEING REQUESTED (if not,please skip to next section): 1) N/A 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: N/A 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: South Bend Heritage Foundation 803 Lincolnway West South Bend, IN 46616 574-289-1066 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. Si ature(s) of all property owner(s),or signature of Attorney for all property owner(s): V" ` ‹,/ Filed in Clerk's Office JUN 19 2019 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN -FILED- JUN 12 2019 AREA PLAN CON.ivMISSlc A..lication#. ' D z Ci a - - om q 1,..- / cpm o a, m o v > > D k .D 7. c ^ LQ 1 :v a .•, ±175.00' C N X" m CR a 9) In 1 4* D N(� NI r CD •• 5 112' l'-8-r?! 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