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HomeMy WebLinkAboutZoning - North East corner of Linden Ave & Clemens St • rt' wry' •FY? ORDINANCE No. 8168-91 Passed by the Common Council of the City of South Bend, Indiana_ February 11, 91 - 19 Attest: City Clerk IRENE K. GAMMON Attest: 4.44,LA ..,atudrii President of Common Council Aar Presented by me to the Mayor of the City of South Bend, Indiana February 12, 91 19 cl`'`"e_ A" City Clerk IRENE K. GAMMON I Approved and signed by me � Ig Mayor ORDINANCE NO. 48) / (,8 - 9 / x . i L AN''ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTH EAST CORNER OF LINDEN AVENUE AND CLEMENS STREET EXTENDING NORTH ON CLEMENS 988 . 71 FEET AND EAST OF LINDEN 480 FEET, 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 Southeast 1/4 of the Southeast 1/4 of Section 5 , Township 37 North, Range 2 East located in the city of South Bend, St . Joseph County, Indiana, more particularly described as follows: Beginning at a point on the South Line of said Section 5, 842 . 10 feet West of the Southeast corner of said Section 5 ; thence on an assumed bearing of North 0 degrees 03 ' 42" West, 476 . 00 feet; thence South 89 degrees 59 ' 17" East, 141 . 00 feet to the Southwest corner of lot 54 as shown on the recorded plat of Section "A" Harbor Homes in Plat Book 24 , Page "H" in the Office of the Recorder of St. Joseph County, Indiana; thence North 0 degrees 00' 43" East along the West line of said plat of Section "A" Harbor Homes , 263 . 00 feet; thence North 75 degrees 29'18" West, 51 . 38 feet; thence North 5 degrees 06 ' 42" East, 236 .53 feet to the Northwest corner of said plat of Section "A" Harbor Homes; thence North 89 degrees 53 ' 18" West, 264 . 08 feet; thence North 89 degrees 50' 56" West, 329 . 78 feet to the West line of said Southeast 1/4 of the Southeast 1/4 of Section 5 , said line being also the East line of the plat of Portage Gardens recorded in said Office of the Recorder of St . Joseph County, Indiana; thence South 0 degrees 03 ' 42" East along said East line of Portage Gardens, 988. 71 feet to the South line of said Section 5; thence South 89 degrees 59 ' 17" East along said South line of Section 5 , 480. 93 feet to the place of beginning and containing 12 . 35 acres more or less. be and the same is hereby established as B Residential, B 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. Member of the C. on Co. ►'cil T L Date Filed: *November , 1990 Application No. ' Date received by the Area Plan Commission: November ,1990 The undersigned make 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: The North East Corner of Linden Avenue and Clemens Street.extending North on Clemens 988 . 71 feet and East of Linden 480 feet. 2) Name and address of property owner(s) of the petition site: Midwest Acceptance Corporation c/o George E. Herendeen Attorney at Law 205 W. Jefferson, Suite 300 South Bend, IN 46601 Telephone: (219) 234-6061 3) Name and address of contingent purchaser (s) , if applicable: Jeff Sablotne c/o George E. Herendeen Attorney at Law 205 W. Jefferson, Suite 300 South Bend, IN 46601 Telephone: (219) 234-6061 4) It is desired and requested that this property be rezoned from A Residential, A Height and Area to B Residential, B Height and Area 5) This rezoning is requested to allow the following use (s) : Construction of 120 multi-family dwelling units 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, I 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. Midwest Acceptance Corporation By L,_ Filed in Clerk's Ofiea 1 AREA PLAN COMMISSION RICHARD S. JOHNSON 91311= OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 December 19, 1990 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 Midwest Acceptance Corporation to zone from "A" Residential , "A" Height and Area to "B" Residential , "B" Height and Area, property located at the northeast corner of Linden Avenue and Clemens Street , City of South Bend - APC #1382-90 Dear Council Members: The above referenced ordinance and site development plan of Midwest Acceptance Corporation was legally advertised December 6, 1990 and December 8, 1990. The Area Plan Commission at its public hearing on December 18, 1990, took the following action: Upon a motion by Harold Means, being seconded by Josephine Jaworski and unanimously carried, the proposed ordinance and site development plan of Midwest Acceptance Corporation to zone from "A" Residential , "A" Height and Area to "B" Residential, "B" Height and Area, property located at the northeast corner of Linden Avenue and Clemens Street , City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This property was rezoned to "B" Residential in 1986, but reverted to its original zoning when no final site plan was submitted for approval. The current proposal has improved upon the previous development proposal by making it less dense and addressing access in a manner that will have less impact on the surrounding 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 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, 12 Richard S. Johnson RSJ:sr Attachment CC: Midwest Acceptance Corporation CC: Jeff Sablotne CC: George E. Herendeen, Attorn Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN .• t .. STAFF REPORT December 10, 1990 Midwest Acceptance Corporation 1382-90 Location: the northeast corner of Linden Avenue and Clemens Street City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential , "A" Height and Area to "B" Residential , "B" Height and Area to allow the construction of multi-family dwelling units. EXISTING LAND USE: The property is vacant . SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "A" Residential ; to the east is a private club and public housing single-family houses zoned "A" Residential; to the south across Linden Avenue is a single-family house zoned "A" Residential ; and to the west across Clemens Street is vacant land and single-family housing zoned "A" Residential . ACCESS: Access to the site is from Linden Avenue, Clemens Street and Trenton Dr. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 12.35 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood or environmental hazard areas are present . A portion of the property appears to be in a wetlands area. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer did not make any comments. L____:11:______=.1 , . >.'1 li, A VSET•j!'I—1.--z'L 2; ''''''‘) ST GR •E L ST I Ficjill ck. . I, 1Th'-- 0 1—T11 ctti.11 .'"'Ill l!' 1 Fil t '-'1':°'‘. ) LAWRENCE , ST F-I.: ' cc xi R 1 ,7 ,,,,......:::CRE I,1 - I ,1CRuVS OwN i AvE. -----I : ROXBUR.L.R. uR ,k , --------_____TI 1 ui ..1 -' 8 PL e ----- fli sourti 11 yl --• 1.11 BEN D ' EI--.,ii . 5 1 i ...) ________ Docre ,) . g .._. _________ . ,,., ,.., 1 U PETITION AREA A to , ___________---- pmmi Avg __________ . . - _ mu RP1-4 Y'S LA ,4. ' to , .. 4 •`. 1.1.J iP6 \;die* 1 ii 4 age C161, -.7,,4,), 44 I I Tcl Sri . 1 di (74:: 2 I C CD! 1 :— -. vit; 1 S R 2 _11 :. C , 0.110. jHoRoN .. REZONING FROM:' "A" RESIDENTIAL, "A" HEIGHT AND AREA APC #1382-90 TO: "B" RESIDENTIAL, "B" HEIGHT AND AREA PETITION AREA mmuwummmm�� ^ SOUTH BEND ZONING ' . "A" RESIDENTIAL I { "C" COMMERCIAL ^� __�` | NORTH atnmmtfln armnrt `� I • Ulu tie (]nmmnn (gamut of tip, (Mg of Onntl? wh: Your Committee of the Whole to whom was referred BILL NO. 102-90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTH EAST CORNER OF LINDEN AVENUE AND CLEMENS STREET EXTENDING NORTH ON CLEMENS 988.71 FEET AND EAST OF LINDEN 480 FEET, 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. Loretta Duda Chairman FREE PRESS PUBLISHING Co.