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HomeMy WebLinkAbout8574-95 Amending Zoning property located 712 North Niles Ave ORDINANCE No. 8574-95 Passed by the Common Council of the City of South Bend, Indiana. January 2349 95 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— January 24, 19 95 City Clerk IRENE K. GAMMON Approved and signed by me 199b °�' -- Mayor • • • • ORDINANCE NO. 8.5710'5 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 712 NORTH NILES AVENUE, THE SOUTH HALF OF VACATED HAGERTY STREET BETWEEN NILES AVENUE AND THE ST. JOSEPH RIVER AND LOTS 4,5,6,7,8, AND 9 AS SHOWN ON THE RECORDED PLAT OF ALEXIS COQUILLARD'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, TOGETHER WITH ALL VACATED ALLEYS AND STREETS ADJACENT THERETO BE IT ORDAINED by the Common Council of the City of South Bend, Indiana. SECTION I. Ordinance No. 4990-68, as amended, which Ordinance commonly known as the Zoning Ordinance of the City of South Bend, Indiana be, and the same is hereby 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 parcel of land being a part of the North Half of the South Half of Section One, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Parcel (a) Beginning at a point on the West line of a 14 foot wide public alley, (said West line being also the West line of the recorded plat of Cedar Heights Addition to the City of South Bend as recorded in Plat Book 2, Page 59 in the office of the Recorder of St. Joseph County, Indiana) a distance of 371.97 feet South 00 31'21" East of said East line's intersection with the South right-of-way line of Corby Street; thence South 00 31'21" East, along said West line of a 14 foot alley, a distance of 290.62 feet to the Northeast corner of a tract of land conveyed to Bert & Ella Liss by Quit claim Deed recorded in. Deed Record 558, Page 39 in said Recorder's office; thence South 71 56'01" West, along the North line of said Liss Tract, a distance of 365.63 feet to a point on the Easterly right-of-way line of Niles Avenue; thence North 17 56'18" West, along said Easterly right-of-way line, a distance of 17.46 feet to a point of deflection; thence North 25 04'05" West along said Easterly right- of-way line, a distance of 281.83 feet to the Southwest corner of a tract of land conveyed to Extended Stay, Inc. by Warranty Deed recorded as instrument number 9315405 in said • Recorder's office; thence North 64 56'06"East, along a Northerly line of said Extended Stay, Inc. tract, a distance of 222.20 feet to an angle point; thence South 24 03'37" East along a Westerly line of said tract, a distance of 85.00 feet to an angle point; thence North 63-41'35" East, along a Southerly line of said tract, a distance of 260.82 feet to the place of beginning containing 120,195 square feet (2.759 acres) more or less. and Parcel (b) The South twenty (20) feet of vacated Hagerty Street measured from the West boundary of Niles Avenue to the East side of the St. Joseph River and a parcel of real estate described as Beginning at a point of intersection of the Westerly right-of-way line of Niles Avenue and the Southerly right-of-way line of Hagerty Street (now vacated); thence South 16-45'-29" East along said Westerly right-of-way line of Niles Avenue, a distance of 349.69 feet to the centerline of a East-West alley; thence North 89-58'-42" West along the centerline of said East-West alley, a distance of 172.61 feet to the centerline of Neddo Court; thence South 16-59'-28" East, a distance of 205.24 feet to the North right-of-way line of now vacated Sorin Street; thence south 89-58'-29" East along the North right-of-way line of Sorin Street, a distance of 171.74 feet to the West right-of-way line of Niles Avenue; thence South 0-01'-31" West along said West right-of-way line, a distance of 20.00 feet to the South right-of-way • 204.44 feet ; thence North 7-29'-20"West, a distance of 204.89 feet to the South right-of-way line of now vacated Hagerty Street; thence South 89-43'-08" East along said South right-of- way line of Hagerty Street, a distance of 199.61 feet to the place of beginning containing 2.58 acres more or less. be and the same hereby is established as A-3 zoning district and G height and area 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 p blication. Alei "di A Fir = : - of the Co / , ouncil • FIRST AMENDED PETITION FOR REZONING OF PROPERTY Date Filed: Application No. Date Received by Area Plan Commission: The undersigned petitioner makes application to the Common Council of South Bend, Indiana to amend the zoning ordinance as herein requested: 1) The property sought to be rezoned is located at: (a) 712 North Niles Avenue, South Bend, Indiana 46617. This property is on the east side of Niles Avenue and is presently owned by T. Brooks Brademas who has agreed in writing to sell it to Madison Center, Inc. (b) Property on the west side of Niles avenue to which no street address has been assigned but which consists of lots 4,5,6,7,8 and 9 as shown on the recorded plat of Alexis Coquillard's first addition to the City of South Bend, Indiana. This property is owned by Madison Center, Inc. except for a twenty (20) foot parcel at the north end which is presently owned by John Friedline who has agreed in writing to sell it to Madison Center, Inc.. 2) It is desired and requested that this property be rezoned from D light industrial and "F" Height and Area district to classification A-3 mixed use multifamily residential and commercial district and "G" Height and Area district. 4) This rezoning is requested to allow the following uses: Hospital/outpatient clinic/office buildings owned by Madison Center,Inc.containing 58 beds and facilities for out patient treatment of children and adolescents together with parking and recreational facilities which will be used in conjunction with the programs conducted by Madison Center, Inc. 5) Attached to this petition is a legal description of the property, the list of names and addressed of all property owned within 300 feet of the subject property and all other formal requirements for the filing of this Rezoning Petition. By signing this petition the petitioner agrees that if the Common Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one year of the Common Council's action. In addition, a building permit must be issued for the use indicated on the application with one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period causes the zoning of the petition property to petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of a final site plan may be requested. Respectfully submitted, BARNES & THORNBURG BY A-__Atel Bruce R. Bancroft Richard W. Morgan 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601 Telephone: (219) 233-1171 ATTORNEYS FOR PETITIONER AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 January 18, 1995 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of T. Brooks Brademas, Madison Center, Inc. and John Friedline to zone from "D" Light Industrial, "F" Height and Area to "A-3" Mixed Use Multifamily Residential and Commercial District, "G" Height and Area, property located at 712 North Niles Avenue; the south half of vacated Hagerty Street between Niles Avenue and the St. Joseph River; and Lots 4, 5, 6, 7, 8, and 9 as shown on the recorded Plat of Alexis Coquillard's First Addition to the City of South Bend, Indiana, City of South Bend - APC #1643-94 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on December 8, 1994. The Area Plan Commission at its public hearing on January 17, 1995, took the following action: Upon a motion by Joseph Serge, being seconded by George Hill and unanimously carried, the proposed ordinance and site development plan of T. Brooks Brademas, Madison Center, Inc. and John Friedline to zone from "D" Light Industrial, "F" Height and Area to "A-3" Mixed Use Multifamily Residential and Commercial District, "G" Height and Area, property located at 712 North Niles Avenue; the south half of vacated Hagerty Street between Niles Avenue and the St. Joseph River; and Lots 4, 5, 6, 7, 8, and 9 as shown on the recorded Plat of Alexis Coquillard's First Addition to the City of South Bend, Indiana, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The propose' use would be an expansion of the existing hospital facilities and would be in keeping with the development plans for the East Bank area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearmg, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, Richard S. ohnson RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • • STAFF REPORT December 12, 1994 T. Brooks Brademas 1643-94 Location: 712 North Niles Avenue, the south half of vacated Hagerty Street between Niles Avenue and the St. Joseph River and Lots 4, 5, 6, 7, 8, and 9 as shown on the recorded Plat of Alexis Coquillard's First Addition to the City of South Bend, Indiana City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "D" Light Industrial, "F" Height and Area to "A-3" Mixed Use Multifamily Residential and Commercial District, "G" Height and Area to allow the construction of hospital/outpatient clinic/office buildings. EXISTING LAND USE: The property contains vacant land, an office building, and a storage building that will be removed. SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "D" Light Industrial and a hotel zoned "A-3" Mixed Use; to the east are single family residences and duplexes zoned "B" Residential, a taxi company and a manufacturing facility zoned "D" Light Industrial; to the south is a restaurant zoned "D" Light Industrial and a hotel and Madison Center facilities zoned "A-3" Mixed Use; and to the west is the St. Joseph River. ACCESS: Access to the site is from Niles Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 5.12 acres. Of that, the buildings will occupy 35,640 square feet, or 16 percent of the site; the parking and drives will occupy 29,200 square feet, or 13 percent of the site; and 3.62 acres or 71 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: ,. c� I \ I a (1\v r�� � ZPr-1 sl 3 , .4 .I Pr.e `(j (n L / : ® w 21 I J . 3 + p • f i � A� u : 6 Prl1 I i,12 � 1 UN 2 F- 4 ,. 13�t z N 3 I __1 INIli CORBY - BLVD. \03 x58.86' I ' 9 ]4 STAIk#RDS��` 7 4 s 3 x 1 0 Ise \ I 2 -� l I. p n Q I 0 , o s › tt 2/ C7 120• • 3 Q N -d- J 3 m 3 20 . 11•. : ,,' 1. ,,////����\\ ((///�w/]]/�'� is PIRE -� QyR{S87 - -+- 4 a �PG�' ADP. NO'tT g18-66 16 _,„, _0 ND.l��2Y8//1-67 7 16 17 150 47 34 7 '�.. I6 6 I 48 33 8 1409-91 1 0 RES. 'WITHDRAWN' JJJ KALORAMA, ST. m' .p RES. f-, M i A,v a c. ::i .W.Yt ;::?f7J:. r3 RES L� ::::1:....:J 'O � ::t:'::;::: WPLE% o c E :..ifi�c;::4 i4c:Hf: ® SS 26 S '- 11111011 .51 z :eze:e riva rn.i.i. wrrEaetAt — a� p ::::.7.':.':..,:. / I APC. II ED la '.." / .E%PI RED' J 17 ':.'.'.71•.:'.::':.'::.'.'. �,I APC. 1 340 A V E. \ Illiiii® .Y::::::. L/ I 'WITH. N• W I I 4 146\ ,o HAMMOND PL. �� �.••�• 1•••4. *ia7? I,t1� — � I X44 1,1 38............ .... 49 48 47 40 45 44 :.:MMC �......... 2 1S. 60 Q ......y....... Gip\3 Ail ".'ti o 92 •...: : et 16 Q, - \ ' 50 51 52 53 SS 56 (� t9 2 — - `� COMMERCIA to 18 SOR I N :. _ _ _ 4 9 1 16 151 I I I, ST. r� u A.P.C. rag-'9r —5 9 CEO _ 14011 1 I ' O f -© 2 ' I _ 7 •W1 Tx RAWN'-6_ 9 ' 1 j 4 a I a 83 6672 61 60 59[157 w -� -`� 7 I w I / 1 — �- - a — 1RS— •// D P MINER S © , 1v ` ++ s I11111111111 7 P I 49 - -59- - 12 ,4 4 �� I J F o , ,3 v 3 J N 30 53 J `� T JOSEPH Iil1 3 4' \\ Is /A\ O//l\ A.P.C. J34 e. _ = V 14 z St. /W\\ -\R—`�,t/�J'/\/ ;ftD. NO 69t a-Si H B CEDAR ST. J _ I _ I +171 6 I S Z 56 I I 62 I 110 I _ 116 I t, 20 19 +6 17 '16 REZONING FROM: "D" LIGHT INDUSTRIAL, "F" HEIGHT & AREA TO: "A-3" MIXED USE, "G" HEIGHT & AREA Alhk' PETITION AREA I:___a:Ea.:•::d SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1643-94 "A-3" RESIDENTIAL I I "B" RESIDENTIAL I I o ioo 200 300 600 "C" COMMERCIAL I I "D" LIGHT INDUSTRIAL I I Graphic Scale Tontmtttrt apart Rio the fiomnwn &nntil of tip CV of tbont11 rnh: Your Committee of the Whole to whom was referred BILL NO. 107-94 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 712 NORTH NILES AVENUE, THE SOUTH HALF OF VACATED HAGERTY STREET BETWEEN NILES AVENUE AND THE ST. JOSEPH RIVER AND LOTS 4,5,6, 7,8 & 9 AS SHOWN ON THE RECORDED PLAT OF ALEXIS COQUILLARD'S FIRST ADDITION TO THE CITY OF SOUTH BEND, INDIANA, TOGETHER WITH ALL VACATED ALLEYS AND STREETS ADJACENT THERETO Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Chairman Cleo Washington, FREE PRESS steryp PUBLISHING CO.