HomeMy WebLinkAbout10180-12 Zoning - Right of Way West & Adj 1441 N Michign St ORDINANCE No . 10180-12
Passed by the Common Council of the City of South Bend,Indiana
September 10, 20 12
Attest: : 'AAA_ City Clerk
JOHN Ve*RD a
Attest: \ \ — A\ � ` President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 11, 20 12
• a". City Clerk
JOH VOORDE
Approved and signed by me £e '- l 2 20 1
Mayor
ORDINANCE NO. L I
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT THE RIGHT-OF-WAY WEST OF
AND ADJACENT TO 1441 NORTH MICHIGAN STREET, COUNCILMANIC
DISTRICT No. 4
IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
WHEREAS, BROTHERS OF HOLY CROSS, INC., an Indiana non-profit corporation
("BHC") owns a strip of property (the "Strip") generally extending north-south, situated directly
between and abutting property owned by the Diocese of Fort Wayne-South Bend, Inc. (the
"Diocese") located (a) to the East of the Strip consisting of a 5.62 acre parcel of land (together
with improvements) located on the Northwest corner of State Route 933 and Angela Boulevard
in South Bend, which has served as the primary site of Saint Joseph's High School (the "School
Site"), and (b) located to the West of the Strip consisting of approximately 14 acres of land,
historically used as athletic fields and parking areas in connection with the School Site ("Parking
and Fields").
WHERAS, the portion of the Strip located with the corporate limits of the City of South
Bend (the "Subject Property") as well as the remainder of the Strip has historically been used,
subject to terms of an easement agreement, for ingress/egress and for parking serving the School
Site, Parking and Fields and property owned by BHC to the north of the Strip.
WHEREAS,the Subject Property is currently zoned in the SF-2: Single Family and Two
Family District.
WHEREAS, in connection with completing construction of a new high school building
and grounds for the relocation of the Saint Joseph High School in the City of South Bend, the
Diocese is transferring (a) the School Site to University of Notre Dame du Lac, an Indiana non-
profit corporation ("Notre Dame"), and (b) the Parking and Fields to Holy Cross College, Inc.,
an Indiana non-profit corporation("Holy Cross").
WHEREAS, BHC, as owner the Subject Property desires that the Subject Property be
rezoned to the "U" University zoning district which supports the development, expansion and
modernization of college or university campuses, in which a diversity of uses, functions and
facilities are necessary, including permitting the Subject Property to continue to be used for
ingress/egress and parking purposes in an integrated manner serving all contiguous parcels.
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 parcels of real estate in the City of
South Bend, St. Joseph County, State of Indiana:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT
A 5/8" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA
BOULEVARD WHICH IS N. 89°41'49" E., 539.59. FT. FROM A POINT ON
SAID NORTH LINE WHICH IS N. 69°52'17" E., 147.42 FT. FROM A POINT
ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT.
FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE ALONG
THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 52.54 FT.;
THENCE AROUND A 3274.04 FT. RADIUS CURVE TO THE RIGHT AN
ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS
N. 05°28'41" W. AND HAVING A DISTANCE OF 640.67 FT TO A FOUND
3/4" IRON PIPE; THENCE S. 00°46'26" E. 638.08 FT TO THE POINT OF
BEGINNING (CONTAINING 0.23 ACRES), TOGETHER WITH A FORTY
(40) FOOT WIDE PARCEL OF GROUND, BEING THAT PART OF THE
SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE
2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH
IS DESCRIBED AS: BEGINNING AT A POINT OF THE NORTH LINE OF
ANGELA BLVD. NORTH 89°41'49" EAST 28.06 FEET AND NORTH
69°52'17" EAST 147.42 FEET AND NORTH 89°41'49" EAST 499.59 FEET
FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE NORTH
00°46'26" EAST 638.08 FEET; THENCE NORTH 89°41'49" EAST 40.00 FEET;
THENCE SOUTH 00°46'26" WEST 638.08 FEET TO THE NORTH LINE OF
ANGELA BLVD; THENCE SOUTH 89°41'49" WEST ALONG SAID NORTH
LINE 40.00 FEET TO THE POINT OF BEGINNING (CONTAINING .59
ACRES); EXCLUDING THAT PORTION OF THE ABOVE REFERENCED
PROPERTY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE
CITY OF SOUTH BEND.
be and the same is hereby established as"U"University 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.
N_ I.`,NiNA Ar
Member of the Common Council
Attest:
....±.— - --WO F ,o..■
Ci
Presented by me to the Mayor of the City of South Bend, Indiana on the I t-tk day of
September, 2012, at 1,w,ro o'clock Q .m.
City C k t Oef..`""_1
Approved and signed by me on the 12- day of September, 2012, at 11 o'clock
O► .m.
Mayor oft , ity o :outh Bend, Indiana
Filed 1n 3ii,---_-- -:_--
1st READING `
L3—(1-- . AUG w 0 2012
PUBLIC HEARING g--l —lLat.If St.e. 5 J p9� pp
rd READING T..k_o—u_. as ScAjo 3Q3,n.1 . CflyCLERK, tfO R®E
SNOT APPROVED H BEND,IN
(DEFERRED Al-1--L)-4L
PASSED g�t,a—iL as Stk.(DS--v
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
33-12 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT THE RIGHT-OF-WAY WEST
AND ADJACENT TO 1441 NORTH MICHIGAN STREET,
COUNCILMANIC DISTRICT NO. 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 as substituted by a new title and legal description.
This bill was heard by the Zoning &Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION TO REZONE
City of South Bend, Indiana
I (we) the undersigned make application to the Common Council of the City of South Bend, to
amend the zoning ordinance as herein requested.
1) The property sought to be rezoned is located at:
West of and Adjacent to 1441 N. Michigan Street, South Bend,Indiana
(Address(es) - if none, give the general location with the nearest intersection)
2) The property Tax Key Number(s) is/are:
Parcel Key No.: 018-5125-443602
3) Name and address of property owner(s) of the petition site:
Name: Brothers of Holy Cross,Inc.
Address: 54515 State Road 933
Notre Dame, Indiana 46556
Attention: Brother Chester Freel, Provincial
4) Name and address of contingent purchaser(s), if applicable: NONE
Name: N/A
Address:
5) It is desired and requested that this property be rezoned
From: SF-2 Single Family and Two Family District
To: U University District
6) This rezoning is requested to allow the following use(s):
To serve as access and parking in support of the use, development, expansion and
modernization of college or university campuses, including permitting the continued
use of the Subject Property for ingress/egress and parking purposes in an integrated
manner serving all contiguous parcels.
Filed in Clerk'. ft° ;
f
JOHN vOO i=r
CITY CLERK,SOUTi . ,g
7) Attached, and made a part of this PETITION, is:
(a) a copy of a legal description of the property,
(b) 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;
(c) addressed, stamped envelopes for all property owners within 300 feet of the
petition property.
In addition to the information above, Petitioner has provided an anal maps highlighting
the subject area for convenience.
Signature(s) of All Property owners, or signature of
Attorney for all property owner(s):
By: c
Printed: Brother Chester Freel, C.S.C.
Title: Provincial
PETITION PREPARED BY:
Richard A.Nussbaum
Sopko,Nussbaum, Inabnit&Kaczmarek
210 South Michigan Street
5th Floor, Plaza Building
South Bend, IN 46601
(574)234-3000
dickn @sni-law.com
CONTACT PERSON (SAME)
LEGAL DESCRIPTION OF PROPERTY
SUBJECT TO REZONING PETITION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36,
TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT
A 5/8" CAPPED REBAR SET ON THE NORTH LINE OF ANGELA
BOULEVARD WHICH IS N. 89°41'49" E., 539.59. FT. FROM A POINT ON
SAID NORTH LINE WHICH IS N. 69°62'17" E., 147.42 FT. FROM A POINT
ON THE SOUTH LINE OF SECTION 36 WHICH IS N. 89°41'49" E., 28.06 FT.
FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE ALONG
THE NORTH LINE OF ANGELA BOULEVARD N. 89°41'49" E., 52.54 FT.;
THENCE AROUND A 3274.04 FT. RADIUS CURVE TO THE RIGHT AN
ARC DISTANCE OF 641.70 FT. TO THE END OF A CHORD WHICH BEARS
N. 05°28'41" W. AND HAVING A DISTANCE OF 640.67 FT TO A FOUND
3/4" IRON PIPE; THENCE S. 00°46'26" E. 638.08 FT TO THE POINT OF
BEGINNING (CONTAINING 0.23 ACRES), TOGETHER WITH A FORTY
(40) FOOT WIDE PARCEL OF GROUND, BEING THAT PART OF THE
SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 38 NORTH, RANGE
2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH
IS DESCRIBED AS: BEGINNING AT A POINT OF THE NORTH LINE OF
ANGELA BLVD. NORTH 89°41'49" EAST 28.06 FEET AND NORTH
69°52'17" EAST 147.42 FEET AND NORTH 89°41'49" EAST 499.59 FEET
FROM THE SOUTHWEST CORNER OF SECTION 36; THENCE NORTH
00°46'26" EAST 638.08 FEET; THENCE NORTH 89°41'49" EAST 40.00 FEET;
THENCE SOUTH 00°46'26" WEST 638.08 FEET TO THE NORTH LINE OF
ANGELA BLVD; THENCE SOUTH 89°41'49" WEST ALONG SAID NORTH
LINE 40.00 FEET TO THE POINT OF BEGINNING (CONTAINING .59
ACRES); EXCLUDING THAT PORTION OF THE ABOVE REFERENCED
PROPERTY LOCATED OUTSIDE OF THE CORPORATE LIMITS OF THE
CITY OF SOUTH BEND.
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JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (574)235-9571
August 22,2012
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Brothers of Holy Cross, Inc. to zone from SF2 Single Family and
Two Family District to U University District,property located west of and adjacent to
1441 N Michigan Street, City of South Bend-APC#2642-12
Dear Council Members:
I hereby Certify that the above referenced ordinance of Brothers of Holy Cross, Inc. was legally
advertised on Thursday,August 9, 2012 and that the Area Plan Commission at its public hearing
on Tuesday, August 21,2012 took the following action:
Upon a motion by John McNamara, being seconded by Karl King and unanimously
carried, the proposed ordinance of Brothers of Holy Cross, Inc.to zone from SF2
Single Family and Two Family District to U University District,property located
west of and adjacent to 1441 N Michigan Street, City of South Bend is sent to the
Common Council with a favorable recommendation. The rezoning will allow the
continued use this site for educational-related uses,with no additional impact to the
area.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that
used for the Common Council's first reading. The amended Ordinance was legally advertised and
heard by the Area Plan Commission.
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,
hn W. By.orlifradidA.
JWB jsp
Attachment
CC: Brothers of Holy Cross, Inc.
Richard A Nussbaum
SERVING:ST JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND
wwwstjosephcountyindiana.corn/Areaplan
Staff Report
APC# 2642-12
Owner: Brothers of Holy Cross, Inc.
Location: West of and adjacent to 1441 N Michigan Street
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family District to U
University District to allow access and parking for contiguous parcels.
Land Uses and Zoning:
On site: On site is a portion of a parking lot.
North: To the north is a continuation of the parking lot. It is currently zoned R Single
Family District,pending rezoning to U University District.
East: To the east is the former St. Joseph High School building zoned SF2 Single
Family and Two Family District,pending rezoning to U University District.
South: To the south are a couple of office buildings zoned OB Office Buffer District and
single family homes zoned SF2 Single Family and Two Family District.
West: To the west is additional parking and a portion of the athletic fields zoned SF2
Single Family and Two Family District, pending rezoning to U University
District.
District uses and development standards:
The U: University District is established to promote the development, expansion and
modernization of a major college or university campus, in which a diversity of uses, functions
and facilities is necessary to best perform the functions of a college or university and to permit
appropriate uses necessary to facilitate the highest level of education. The U District may also
provide for a wide range of commercial type uses which are accessory to or typically associated
with a college or university campus (e.g., bookstore, hotel, food sales and service, school
supplies,personal services,convenience stores and the like)and located on the campus.
Site plan description:
This parcel is approximately 0.25 acres. It contains approximately 22 parking spaces.
Zoning and land use history&trends:
The immediate area around the intersection of Michigan and Angela has been stable over the past
several decades. In 1966 the southwest corner of Michigan and Angela was rezoned to Cl for a
bank. More recently in 2002, the western half was rezoned to OB for a dentist office. The
property between Ostego and the abandoned railroad right-of-way was rezoned to OB in 1998 for
a professional office after almost 30 years of being zoned for a doctor's office.
Traffic and transportation considerations:
SR 933 is a four lane State road with turning lanes at Angela. Angela is a two lane street with
left and right turning lanes.
Utilities:
The site is served by municipal water and sewer.
Additional information: (Agency comments)
The City Engineer has no comments. The Building Commissioner requires that a Special
Exception for off site parking be filed with the Board of Zoning Appeals.
Brothers of Holy Cross, Inc.
#2642-12
Page 1 of 1
Staff Comments:
This petition is part of a four-petition effort to convert the former St. Joseph High School to
university-related uses.
Commitments:
No commitments are proposed.
5 Criteria(per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City Plan,South Bend Comprehensive Plan(November 2006)
Objective E5:Coordinate the planning and development of educational facilities.
Policy E5.4: Encourage the preservation and rehabilitation of older school structures when
considering future growth.
Comprehensive Plan for South Bend and St.Joseph County,Indiana(April 2002)
Goal 3: Objective C: Policy is Medium or high-density multifamily housing, or other
facilities with intense activity(such as churches, schools, and commercial sites) should be
located along arterials with access to the arterial street(preferable)or to a collector street.
Land Use Plan:
City Plan identifies this area as institutional. The County's future land use plan makes no
specific recommendation for this property.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current conditions and character:
This site has been used for educational purposes since the 1950's. The area north of Angela is
used for university-related uses. The south side of Angela is almost exclusively residential, with
the exception of a few businesses at the southwest corner of Angela and Michigan Street.
3. Most desirable use:
The most desirable use is to maintain the institutional use character of the site.
4. Conservation of property values:
Since the improvements are existing,the rezoning should not affect neighboring properties.
5. Responsible development and growth:
It is responsible development and growth to allow the adaptive reuse of this site.
Recommendation:
Based on information available prior to the public hearing the staff recommends that the petition
be sent to the Common Council with a favorable recommendation.
Analysis:
The rezoning will allow the continued use this site for educational-related uses,with no additional
impact to the area.
Brothers of Holy Cross,Inc.
#2642-12
Page 2 of 2
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"R" SINGLE FAMILY DISTRICT & "SF2" SINGLE FAMILY &
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to "U" UNIVERSITY DISTRICT(COUNTY) &
"U" UNIVERSITY DISTRICT (CITY OF SB)
ZONING CLASSIFICATION
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