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Home My WebLink About8370-93 Zoning - North Side of the T-Intersection of Hope Ave Bentley Ave & Patty Ln Portage Township o . ORDINANCE No. 8370-93 Passed by the Common Council of the City of South Bend, Indiana_ April 26, 93 19 s Attest: City Clerk IRENE K. GAMMON Attest: - President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana, April 27, 93 19 City Clerk IRENE K. GAMMON Approved and signed by me O 1 /q 9 3 19 f Cy Mayor • ORDINANCE NO. 370- 9,--q AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT (North side of the T-Intersection of Hope Avenue, Bentley Avenue and Patty Lane, Portage Township, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Ordinance No. 4990-68, as 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 west half of the northeast quarter of Section 5, Township 37 North, Range 3 East, of the second principal meridian, Portage Township, St. Joseph County, Indiana, and described as follows: Commencing from the north quarter corner of said Section 5, said point being on the centerline of the right-of-way of Edison Road; thence south 00°04'34" east (bearing assumed) along the north-south centerline of said Section 5, 1298.59 feet to an iron pipe, said point being the point of beginning: thence north 89°22'34" east, 504.24 feet to an 1-inch iron pipe; thence south 00°06'55" east, 156.74 feet to an 1-inch iron pipe found on this survey; thence south 55°11'34" west along the northerly right-of-way line of Bentley Lane, 268.84 feet; thence southwesterly along the said right-of-way line, 141.68 feet along a curve to the right, having a radius of 234.07 feet, subtended by a chord, having a bearing of south 72°32'00" west, and a length of 139.52 feet to an 1-inch pipe found; thence south 89°52'21" west, 150.00 feet to a 3/4-inch pipe found, also being the north right-of-way line of Hope Avenue; thence north 00°06'55" west, 346.92 feet to the point of beginning, and containing 3.4011 acres, more or less. be and the same is hereby established as B-Residential, A-Height and Area. 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. t.�, Memb r of ommon Council • PETITION Date Filed Application No. Date received by the Area Plan Commission The undersigned makes application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: North side of the T-intersection of Hope Avenue, Bentley Avenue and Patty Lane, Portage Township, South Bend, Indiana. 2) Name and address of property owner of the petition site: Harold Gerring 3000 East Lake Drive South Elkhart, Indiana 3) Name and address of contingent purchaser, if applicable: Madison Center, Inc. 403 East Madison Street South Bend, IN 46617 4) It is desired and requested that this property be rezoned from B-Residential, A-Height and Area to B-Residential, A-Height and Area 5) This rezoning is requested to allow the following use: Seeking approval of a site plan for the construction of an approximate 15,346 square foot, 21-unit apartment building 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; and (c) five (5) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, we and any contingent purchaser understand that if the 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 (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within 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 petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. MADISON CENTER, INC. "PETITIONER" By1 �V Richa d W. Morgan Barnes & Thornburg 600 1st Source Bank Center 900 Nnrth Michirran Ci-rccf- 4 Exhibit A Legal Description Madison Center - Bentley Avenue A part of the west half of the northeast quarter of Section 5, Township 37 North, Range 3 East, of the second principal meridian, Portage Township, St. Joseph County, Indiana, and described as follows: Commencing from the north quarter corner of said Section 5, said point being on the centerline of the right-of-way of Edison Road; thence south 00°04 '34" east (bearing assumed) along the north-south centerline of said Section 5, 1298.59 feet to an iron pipe, said point being the point of beginning: thence north 89°22 '34" east, 504.24 feet to an 1-inch iron pipe; thence south 00°06 '55" east, 156.74 feet to an 1-inch iron pipe found on this survey; thence south 55°11'34" west along the northerly right-of-way line of Bentley Lane, 268.84 feet; thence southwesterly along the said right-of-way line, 141. 68 feet along a curve to the right, having a radius of 234.07 feet, subtended by a chord, having a bearing of south 72°32 '00" west, and a length of 139.52 feet to an 1-inch pipe found; thence south 89°52 '21" west, 150. 00 feet to a 3/4-inch pipe found, also being the north right-of-way line of Hope Avenue; thence 00°06 '55" west, 346.92 feet to the point of beginning, and containing 3.4011 acres, more or less. RWM01818 • Exhibit B List of Property Owners Madison Center - Bentley Avenue Civil City of South Bend County-City Building, 14th Floor South Bend, IN 46601 Beimfohr, Siegmund T. & Carol R. 1216 Victory South Bend, IN 46615 Pasman, Frank and Esther 1210 Victory Ave. South Bend, IN 46615 Szlanfucht, Joseph L. & Katherine E. 1206 Victory Ave. South Bend, IN 46615 York, James E. and Elaine 1202 Victory Ave. South Bend, IN 46615 Ghyselinck, David L. 200 E. Berry St. Fort Wayne, IN 46802 Kovach, Louis R. and Theresa 1122 Victory South Bend, IN 46615 611 613 Roosevelt Road Trust 205 Estil Dr. Nokomis, FL 34275 Jenkins, John G. and M. Patricia 1114 Victory Ave. South Bend, IN 46615 Rapport, William and Marjorie 1110 Victory Ave. South Bend, IN 46615 Monahan, John E. and Vera 1106 Victory Ave. South Bend, IN 46615 Fallon, Ursula M. & Patricia M. Fallon 1102 Victory South Bend, IN 46615 4 School City of South Bend 635 South Main Street South Bend, IN 46601 Fisher, John C. and Carol 1032 Victory Ave. South Bend, IN 46615 Neff, Donald W. and Janet S. 1028 Victory Ave. South Bend, IN 46615 Horvath, Otto V. and Mary M. 1024 Victory Ave. South Bend, IN 46615 Wrobel, Edward F. and Margaret L. 1020 Victory Ave. South Bend, IN 46615 Corby Homes Community P.O. Box 4077 South Bend, IN 46628 Nawrocki, Virginia M. 3031 Boynton St. South Bend, IN 46615 Kubasik, Robert and Annette L. 3037 Boynton Ave. South Bend, iN 46615 Weaver, Douglas L. and Julie A. 3103 Boynton Dr. South Bend, iN 46615 NORWEST BANK INDIANA N A AS CORP 3032 Boynton Ave. South Bend, IN 46615 Klaybor, Jacqueline M. 3038 Boynton Ave. South Bend, IN 46615 Jackowich, Victor and Mary E. 3104 Boynton Ave. South Bend, IN 46615 Kubisiak, Michael F. and Adaline P. 3108 Boynton South Bend, IN 46615 Arcomm, Inc. 1542 Deer Point Way Reston, VA 22094 Stemm, Thomas and Teresa C. c/o C E. Bullard Co. , Inc. Ludlow, MA 01056 Reuter, Robert E. and Norma H. 1530 Miami St. South Bend, IN 46614 Lee, Glen E. and Esta G. 3110 Bentley Lane South Bend, IN 46615 Finch, Paul V. and Barbara J. 3103 Voll Lane South Bend, IN 46615 Lile, William T. and Teresa M. 3109 Voll Lane South Bend, IN 46615 alrututtittrt Erpnrt caJo tI'c atuumwn Olouttril of the CV of il+mrtly Stith: Your Committee of the Whole to whom was referred BILL NO. 8-93 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT NORTH SIDE OF THE T-INTERSECTION OF HOPE AVENUE, BENTLEY AVENUE AND PATTY LANE, PORTAGE TOWNSHIP, IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, by substitution. Thomas Zakrzewski Chairman • 49/L.G. s'13 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 \ March 16, 1993 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 Madison Center, Inc. to zone from "B" Residential , "A" Height and Area to "B" Residential , "A" Height and Area, property located at the north side of the T-intersection of Hope Avenue, Bentley Avenue and Patty Lane, City of South Bend - APC #1501-93 Dear Council Members: The above referenced ordinance and site development plan of Madison Center, Inc. was legally advertised on March 4, 1993. The Area Plan Commission at its public hearing on March 16, 1993, took the following action: Upon a motion by Bruce Huntington, being seconded by Lee Slavinskas and carried, the proposed ordinance and site development plan of Madison Center, Inc. to zone from "B" Residential , "A" Height and Area to "B" Residential , "A" Height and Area, property located at the north side of the T-intersection of Hope Avenue, Bentley Avenue and Patty Lane, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Apartment projects on this site were approved by the Council on two previous occasions, and in both cases for much higher densities. The first plan, approved in 1968, was part of the Corby Homes development located to the south of the site and contained a total of 44 units north of Hope Avenue, with access from Hope Avenue. This portion of that project was never developed, and in 1972 a different plan was approved as part of the apartment complex located to the north of the site. The 1972 plan contained 60 units, with access through the apartment complex to the north, and is the plan currently in effect for this site. In the Commission's opinion, the land use decision has already been made for this property. The nature of the occupancy of the proposed apartments should not be taken into consideration. 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 the Ordinance legally advertised and heard by the Area Plan Commission. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, Richard S. Johnson RSJ:sr Attachment CC: Madison Center, Inc. CC: Richard W. Morgan, Attorney STAFF REPORT March 8, 1993 Madison Center , Inc. 1501-93 Location: the north side of the T-intersection of Hope Avenue, Bentley Avenue and Patty Lane City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "B" Residential , "A" Height and Area to "B" Residential , "A" Height and Area to allow the construction of a 21-unit apartment building. EXISTING LAND USE: The property is currently vacant . SURROUNDING LAND USE AND ZONING: Located to the north are apartments zoned "B" Residential ; to the east is a single-family home zoned "B" Residential ; to the south are apartments zoned "B" Residential ; and to the west are single-family homes zoned "A" Residential . ACCESS: Access to the site is from Hope 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 3.4 acres. Of that , the buildings will occupy 8,172 square feet , or 5.5 percent of the site; the parking and drives will occupy 9,650 square feet , or 6.5 percent of the site; and 3 acres or 88 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no wetlands, flood or environmental hazard areas are present . However, the Edison Park wellfield is located to the west of this site. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: This site was rezoned in 1972 for a 60 unit apartment development as part of the apartment development located to the north. c) t 1 z� :HA_RLES ST `_• (I, � cn \ z l J a w� z p o BULLA ST. QDO cci. Q z z 0 O (J)O 3 C a O W a = C > vi ugh ALE ST. 0 Nia CIR. KETTERING�r w _ DR. _ EDISON 0 . 32 33 O J J J O O J� gLty w 11-1 _ Pcx• 10 / fry- z F~- 3 2 N PG pNZ qt ,.- ' R w R -� , am - F / - ,..-:::-.;,..,7,,,,* ' j im m m REX FOR w ' \I L / Q ' BOYNTON AVE. J AL F j I o 1 - U) ��F �(L PETITION f.$ Q CATA u) JF' AREA L.T-- .ENTLEY LA. w P I--1 n o '-,-- c: � w z H � � .4 z BROW > - , r . 0LL LAS z pChO� 9�' FhEDICT �� f p'-.:. _- �'' - _ m BERR` AVE. m w �`�' '> � i OXFORD w LA K C1E '9L ( > to O Q - ' J v c >- o PJ� r n KENT LA. w :Iz EISENHOWER m i,, �<z z / F:• 0__ CORBY Q • I• L .. __g,..�.. BLVD. c) I I_ eE SALEM BROOKHURQ T \-Pikx i d i DR - o BR�GH-v cl co i( a [PI-om'-r UJ GCP ti y f- i 3 \SORIN CT I REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT AND AREA TO: "B" RESIDENTIAL, "A" HEIGHT AND AREA APC #1501-92 PETITION AREA t` ` '1 SOUTH BEND ZONING "A" RESIDENTIAL 1 I "B" RESIDENTIAL Eausamiraca "C" COMMERCIAL "D" LIGHT INDUSTRIAL -------= NORTH