HomeMy WebLinkAboutZoning - Property located 716 N Niles Ave • r a
ORDINANCE No. 7806-87
Passed by the Common Council of the City of South Bend, Indiana
October 12, 87
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Attest: \_ -`_` , ir )16--2.--2,,----s-.4,-.--e-.
City Clerk
IRENE K. GAMMON
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At . ,�' L / °. .A °Iii° President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana
October 13, 87
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City Clerk
IRENE K. GAMMON
Approved and signed by me �C.T 7L � , .�/ ,9_82.
Mayor
ORDINANCE NO. 73O - ?7
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 716 NORTH NILES 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:
A parcel of land being a part of the North Half of the South Half of Section One,
Township 37 North, Range 2 East, South Bend, St. Joseph County, Indiana and being
more particularly described as follows, viz:
Beginning at a point on the South line of Corby Street, South 89° 48' 40" West
120.00 feet from the West line of a fourteen (14) foot alley on the West side of
Cedar Heights Addition to the City of South Bend, Indiana, thence continuing along
said South line of Corby Street, South 89° 48' 40" West, 258.66 feet; thence South
16° 17' 47" West 141.77 feet; thence South 64° 53' 57" West, 200.00 feet to the
Easterly line of Niles Avenue; thence South 250 06' 03" East along said Easterly
line of Niles Avenue 312.26 feet; thence North 64° 53' 57" East, 255.00 feet thence
South 25° 06 ' 03" East, parallel with said Easterly line of Niles Avenue 20.00
feet; thence North 71° 52' 29" East 250.00 feet thence North 0° 31' 18" West 170.00
feet, thence South 89° 48' 40" West Parallel with the Southerly line of Corby
Street, 120.00 feet thence North 0° 31' 18" West parallel with said West line of
fourteen (14) foot alley 150.00 feet to the point of beginning.
Subject to Legal Highways.
be and the same is hereby established as A-3, F 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.
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Date Filed Application No.
Date received by the Area Plan Commission
I, the undersigned make application and petition the Common Council of the City of
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South Bend, Indiana to amend the zoning ordinance as herein requested.
1) The property sought to be rezoned is located at:
Address: 716 North Niles Avenue
2) Name and address of property owner(s) of the petition site:
Name T. Brooks Brademas
Address 425 North Michigan St., South Bend, IN 46601
Phone (219) 282-8550
3) Name and address of contingent purchaser(s), if applicable:
Name NA
4) It is desired and requested that this property be rezoned
from B-Residential & D-Light Industrial
to A-3, F Height & Area
5) This rezoning is requested to allow the following use(s): Development of
an 80 unit all suites hotel with gatehouse.
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; (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 the Area Plan Commission within one (1) year of the
Council's action. Failure to submit a 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.
Signature of Property Owner
PETITION PREPARED BY:
Name: T. Brooks Brademas
Address: 425 North Michigan
South Bend, IN 46601
(219) 282-8550
CONTACT PERSON: N/A
LEGAL DESCRIPTION
EAST RACE INN PROPERTY
716 North Niles Avenue
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South Bend, IN
A parcel of land being a part of the North Half of the South Half of Section
One, Township 37 North, Range 2 East, South Bend, St. Joseph County, Indiana and
being more particularly described as follows, viz:
Beginning at a point on the South line of Corby Street, South 89° 48' 40" West
120.00 feet from the West line of a fourteen (14) foot alley on the West side of
Cedar Heights Addition to the City of South Bend, Indiana, thence continuing
along said South line of Corby Street, South 89° 48' 40" West, 258.66 feet;
thence South 16° 17 ' 47" West 141.77 feet; thence South 64° 53' 57" West, 200.00
feet to the Easterly line of Niles Avenue; thence South 25° 06 ' 03" East along
said Easterly line of Niles Avenue 312.26 feet; thence North 64° 53 ' 57" East,
255.00 feet thence South 25° 06' 03" East, parallel with said Easterly line of
Niles Avenue 20.00 feet; thence North 71° 52' 29" East 250.00 feet thence North
0° 31 ' 18" West 170.00 feet, thence South 89° 48' 40" West Parallel with the
Southerly line of Corby Street, thence North 0° 31 ' 18" West parallel with said
West line of fourteen (14) foot alley 150.00 feet to the point of beginning.
Subject to Legal Highways.
EXHIBIT A
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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
r0 September 16, 1987
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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 to
zone from "B"Residential, "B"Height and Area and "D" Light Industrial
"F" Height and Area to "A-3" Mixed Use Multifamily Residential and
Commercial, "F" Height and Area, property located at 716 North Niles
Avenue, City of South Bend - APC #1123-87
Gentlemen:
The above referenced ordinance and site development plan of T. Brooks Brademas
was legally advertised September 4 and September 5, 1987. The Area Plan
Commission gave it a public hearing on September 15, 1987, at which time the
following action was taken:
Upon a motion by Willie Morgan, being seconded by Joseph
Serge, and unanimously carried, the proposed ordinance and
site development plan of T. Brooks Brademas to zone from "B"
Residential, "B" Height and Area and "D" Light Industrial "F"
Height and Area to "A-3" Mixed Use Multifamily Residential and
Commercial, "F" Height and Area, property located at 716 North
Niles Avenue, City of South Bend is sent to the Common Council
with a favorable recommendation, subject to a Final Site
Development Plan and appropriate approval by the Area Board of
Zoning Appeals for off-street parking. This site is a natural
extension of the East Bank Area and its "A-3" Mixed Use Zoning
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.
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
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
Attachment
CC: 'C :Brooks Brademas
STAFF REPORT
T. BROOKS BRADEMAS #1123-87 September 8, 1987
716 North Niles Avenue
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change from
"B" Residential , "B" Height and Area and "D" Light
Industrial , "F" Height and Area to "A-3" Mixed Use
Multifamily Residential and Commercial , "F" Height
and Area for development of an 80 unit all suites
hotel with gatehouse. "
EXISTING LAND USE: The property is presently vacant.
SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes zoned
"A" Residential , to the east are single-family
homes zoned "Be Residential , to the south are
commercial and industrial uses zoned "D" Light
Industrial , and to the west is vacant land zoned
"D" Light Industrial .
ACCESS: Access t.o the site will be from Niles Avenue..
DRAINAGE: The drainage has not been addressed by the
petitioner.
DATA: The total site to be rezoned is 244, 1 07 square
feet. Of that, the buildings will occupy 28,954
square feet, or 11.9% of the site; the parking and
drives will occupy 48,940 square feet, or 20.0% of
the site, and 164,253 square feet or 69. 1% 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. City water , and sanitary sewers are available
to site; 2. Drywells will be necessary to retain
storm water on site at a rate of 30 gal. per 100
sq. ft. of roof and paved areas. "
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REZONING FROM: "B" RESIDENTIAL, "B" HEIGHT & AREA* AND
"D" LIGHT INDUSTRIAL, "F" HEIGHT & AREA
TO: "A-3" RESIDENTIAL, "F" HEIGHT & AREA • APC #1123-87
PETITION AREA
CITY ZONING
"A" RESIDENTIAL rasmigmmenest
"8" RESIDENTIAL � ',.. . ./'^`
"C" COMMERCIAL
"0" LIGHT INDUSTRIAL 1'/-:-+*�-r' ,.. 1 NORTH *