HomeMy WebLinkAboutZoning - Property located Southeast side of South Bend Ave Indiana Route 23 * . 4
ORDINANCE NO. 7775-87
Passed by the Common Council of the City of South Bend, Indiana
July 13 , 19 87
Attest: City Clerk
IRENE K. GAMMON
Attes •4- -� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 13, �9 87
City Clerk
IRENE K. GAMMON
Approved and signed by me
! '`�
ayor
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ORDINANCE NO. 7 77S- k7
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT SOUTHEAST SIDE OF SOUTH
BEND AVENUE ( INDIANA ROUTE 23 ) , BEGINNING APPROXIMATELY
235 FEET NORTHEAST OF THE NORTHEAST CORNER OF EDISON ROAD
AND SOUTH BEND AVENUE 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:
Situate in St. Joseph County, in the State of Indiana :
A parcel of land being a part of the Southeast Quarter of Section
Thirty-one ( 31 ) , Township Thirty-eight ( 38 ) North, Range Three
( 3) East, Clay Township, St. Joseph County, Indiana , being more
particularly described as follows, viz : Commencing at the
intersection of the record centerline of South Bend Avenue (S.R.
23) and the South line of the Southeast Quarter of said Section
31 ; thence North 90'-00 ' -00' East (bearing assumed) along said
South line a distance of 412. 80 feet; thence North 0'-15 ' -52'
East a distance of 40 . 00 feet to the Southwest corner of Lot
6 of Vacval and Davidson ' s Unrecorded Subdivision, said corner
' being the place of beginning for this description; thence North
90'-00 ' -00' East parallel with the South line of the Southeast
Quarter of said Section 31 , a measured distance of 331 . 35 feet
to the West right-of-way line of Barrington Drive; thence North
0'-13'-53' East along said West right-of-way line of Harrington
Drive a measured distance of 622.60 feet to the South line of
the recorded Plat Pensinger's Subdivision, as recorded in the
Office of the Recorder of St. Joseph County, Indiana; thence
South 89'-49 ' -47' East, along said South line of Pensinger' s
Subdivision, a distance of 112. 88 feet, to the Southeast corner
of Lot 8 of said Pensinger' s Subdivision; thence North 0'-00 '-27'
East along the East line of said Lot 8, a measured distance
of 64. 97 feet to the Northeast corner of said Lot 8; thence
North 89'-49 '-47' West along the North lines of Lots 8 and 9
in said Pensinger' s Subdivision, a distance of 305.65 feet to
the Southeasterly right-of-way line of South Send Avenue (S.R.
23) ; thence South 34'-35'-17' West along said Southeasterly
right-of-way line of South Bend Avenue, a measured distance
of 78.76 feet to the Southwest corner of Lot 9 of said Pensinger' s
Subdivisions thence South 33'-31'-21' West along said
Southeasterly right-of-tray line of South Bend Avenue as claimed
by physical occupation on this date 6-20-80, a measured distance
of 292. 25 feet; thence South 35'-56'-14' West along said
Southeasterly right-of-way line of South Bend Avenue, a measured
distance of 230 . 86 feet to the North line of said Vacval and
Davidson's Unrecorded Subdivision; thence North 90'-00 ' -00'
East along the North line of. said Vacval and Davidson's Unrecorded
Subdivision, a measured distance of 201. 38 feet to the Northwest
corner of Lot 6 in said Subdivision; thence South 0'-15'-52'
West along the West line of said Lot 6, a measured distance
of 192. 75 feet to the place of beginning.
two parcels of land incorporated g Excepting therefrom
tract of land next above d escribed t which twos tracts toff land
are described as follows; Lots Numbered Eight
(9) as shown on the recorded Plat of Pensinger's8 shown
on t
in the South one-half
a
be and the same is hereby established as "B" Residential
District, "E"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.
dr , 4// • OP
• / embe/of the Common ,;ouncil
PETITION FOR REZONING
Date Filed: May 6 , 1987 Application No.
Dated Received by the Area Plan Commission:
The undersigned makes application and petitions the South
Bend Common Council to amend the zoning ordinance as herein
requested.
1 . The property sought to be rezoned is located on the
Southeast side of South Bend Avenue ( Indiana Route 23 ) ,
beginning approximately 235 feet Northeast of the
Northeast corner of Edison Road and South Bend Avenue
in South Bend, Indiana.
2. Names and address of property owner of the petition
site:
ITT Commercial Finance Corp.
( formerly ITT Industrial Credit Company)
1400 North Life Tower
Post Office Box 64777
St. Paul, Minnesota 55164
Attention: Milo Pinkerton
( 612 ) 227-0011
3. Name and address of purchaser:
Patrick J. McGraw
Jamison Inn
1404 North Ivy Road
South Bend, Indiana 46637
( 219) 277-9682
4. It is desired and requested that this property be
rezoned from "A" Residential, "A" Height and Area and
"C" Commercial, "A" Height and Area to "B" Residential,
"E" Height and Area.
5 . This rezoning is requested to allow the following uses:
Multi-family residential (condominium) project.
6 . Attached to or enclosed with this application are the
following: (a) legal description of the property; (b)
a list of names and addresses of all property owners
within 300 feet of the petition property; (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, the owner and 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 the Area Plan Commission within one ( 1 )
year of the Council ' s action. Failure to submit a
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final site plan within that time period causes the
zoning of the petitioned property to revert to the
initial .zoning classification. Time extensions on the
submittal of the final site plan may be requested.
Attorney for Property Owner
and Purchaser if
(7,-L.,4 Patrick J. cGraw, Purchaser Kevin J. titi er
PETITION PREPARED BY:
Kevin J. Butler
BUTLER, SIMERI, KONOPA & LADERER
100 East Wayne St. , Suite 300
South Bend, Indiana 46601
Telephone: ( 219) 233-3303
-� Situate in St. Joseph County, in the State of Indiana:
A parcel of land being a part of the Southeast Quarter of Section
Thirty-one ( 31 ) , Township Thirty-eight (38) North, Range Three
( 3) East, Clay Township, St. Joseph County, Indiana, being more
particularly described as follows, viz : Commencing at the
intersection of the record centerline of South Bend Avenue (S.R.
23 ) and the South line of the Southeast Quarter of said Section
31; thence North 90'-00 ' -00" East (bearing assumed) along said
South line a distance of 412. 80 feet; thence North 0'-15' -52'
East a distance of 40. 00 feet to the Southwest corner of Lot
6 of Vacval and Davidson's Unrecorded Subdivision, said corner
being the place of beginning for this description; thence North
90°-00 ' -00' East parallel with the South line of the Southeast
Quarter of said Section 31, a measured distance of 331 .35 feet
to the West right-of-way line of Barrington Drive; thence North
0'-13'-53" East along said West right-of-way line of Harrington
Drive a measured distance of 622.60 feet to the South line of
the recorded Plat Pensinger's Subdivision, as recorded in the
Office of the Recorder of St. Joseph County, Indiana; thence
South 89'-49'-47" East, along said South line of Pensinger's
Subdivision, a distance of 112.88 feet, to the Southeast corner
of Lot 8 of said Pensinger's Subdivision; thence North 0'-00'-27"
East along the East line of said Lot 8, a measured distance
of 64.97 feet to the Northeast corner of said Lot 8; thence
North 89'-49'-47' West along the North lines of Lots 8 and 9
in said Pensinger' s Subdivision, a distance of 305.65 feet to
the Southeasterly right-of-way line of South Bend Avenue (S.R.
23) ; thence South 34'-35'-17' West along said Southeasterly
right-of-way line of South Bend Avenue, a measured distance
of 78.76 feet to the Southwest corner of Lot 9 of said Pensinger's
Subdivision; thence South 33'-31'-21' West along said
Southeasterly right-of-way line of South Bend Avenue as claimed
by physical occupation on this date 6-20-80, a measured distance
of 292. 25 feet; thence South 35'-56'-14" West along said
Southeasterly right-of-way line of South Bend Avenue, a measured
distance of 230. 86 feet to the North line of said Vacval and
Davidson's Unrecorded Subdivision; thence North 90'-00 '-00'
East along the North line of said Vacval and Davidson's Unrecorded
Subdivision, a measured distance of 201. 38 feet to the Northwest
corner of Lot 6 in said Subdivision; thence South 0'-15'-52'
West along the West line of said Lot 6, a measured distance
of 192.75 feet to the place of beginning. Excepting therefrom
two parcels of land incorporated into and made a part of the
tract of land next above described which two tracts of land
are described as follows: Lots Numbered Eight (8) and Nine
(9) as shown on the recorded Plat of Pensinger's Subdivision
in the South one-half of the Southeast Quarter of Section No.
21, Township No. 38 North, Range No. 3 East as recorded in Plat
Book 16, page P in the Office of the Recorder of St. Joseph
County, Indiana.
AREA PLAN COMMISSION RICHARD S. JOHNSON
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
June 17, 1987 k./
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 ITT Commercial Finance
Corp. to zone from "A" Residential, "A" Height and Area and "C"
Commercial, "A" Height and Area to "B" Residential, "E" Height and Area,
property located on the southeast side of South Bend Avenue (State Road
23), approximately 235 feet northeast of the northeast corner of Edison
Road and South Bend Avenue (State Road 23), City of South Bend - APC
#1098-87
Gentlemen:
The above referenced ordinance and site development plan of ITT Commercial
Finance Corp. was legally advertised June 5, and June 6, 1987. The Area Plan
Commission gave it a public hearing on June 16, 1987, at which time the
following action was taken:
Upon a motion by Willie Morgan, being seconded by
Robert Lehman and unanimously carried, the proposed
ordinance and site development plan of ITT Commercial
Finance Corp. to zone from "A" Residential, "A" Height
and Area and "C" Commercial, "A" Height and Area to "B"
Residential, "E" Height and Area, property located on
the southeast side of South Bend Avenue (State Road
23), approximately 235 feet northeast of the northeast
corner of Edison Road and South Bend Avenue (State Road
23) , City of South Bend is sent to the Common Council
with a favorable recommendation subject to further
review of the ingress and egress onto Edison Road prior
to the Common Council's public hearing and a final site
development plan
PLEASE NOTE' that the Ordinance has been amended by the petitioner to include a
legal description 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 & St. Joseph County, IN
STAFF REPORT
ITT COMMERCIAL FINANCE CORP. #1098-87 May 29, 1987
Southeast side of State Road 23
approximately 235 feet north of Edison Road
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change from
"A" Residential , "A" Height and Area and "C"
Commercial , "A" Height and Area to "B"
Residential , "E" Height and Area for the
establishment of a multi-family residential
(condominium) project.
EXISTING LAND USE: The property contains vacant land and three
boarded up single-family homes.
SURROUNDING LAND USE AND ZONING: Located to the north is a single-family home and
retail uses zoned "C" Commercial , to the east are
single-family homes zoned "A" Residential , to the
south are single-family homes zoned "A"
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Residential and two retail uses zoned "C"
Commercial and to the west are several retail uses
zoned "C" Commercial and an apartment complex
zoned "B" Residential .
ACCESS: Access to the site will be from both State Road 23
and Edison Road.
DRAINAGE: The drainage has been addressed by the
petitioners.
DATA: The total site to be rezoned is 229,605 square
feet. Of that, the buildings will occupy 58,200
square feet, or 25.3% of the site; the parking and
drives will occupy 78,745 square feet, or 34.3% of
the site, and 92,660 square feet or 40.4% of the
site will remain as open space.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer made the following comments:
"1. State permit will be necessary for
ingress/egress from State Road 23.
2. Site plan conforms to City requirements.
The City Building Commissioner made the
following comments:
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" 1 . The entry drive from State Road 23 is
the same intersection as that for Turtle
Creek Apartments and may present a
traffic problem.
2. "8" Residential is the proper zoniig for
this project.
3. Setbacks for off-street parking have
been met. "
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REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA, AND APC #1098-87
"C" COMMERCIAL, "A" HEIGHT AND AREA
TO: "B" RESIDENTIAL; "E" HEIGHT AND AREA
PETITION AREA NORTH lii'
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CITY ZONING COUNTY ZONING
"A" RESIDENTIAL i===1 "R" RESIDENTIAL
"8" RESIDENTIAL "R-2" RESIDENTIAL
"C" COMMERCIAL "C" COMMERCIAL
"C-1" COMMERCIAL 111111•11=1111M1 "B" BUSINESS .