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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 r 9 Attest: \_ -`_` , ir )16--2.--2,,----s-.4,-.--e-. City Clerk IRENE K. GAMMON ,ef At . ,�' L / °. .A °Iii° President of Common Council f / / Presented by me to the Mayor of the City of South Bend, Indiana October 13, 87 ig ..,-._.._...Z,.. ! .� A,_ yi__%-X18->s / 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. / , r c Ai/ „4,_ ember/r- the ommon Counc 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 • 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 • 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 .r - 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 „ „..iC 7 iiv- 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. " - • • cri J% / ' I • • ^ C.3 ---ti j : v.. : AL A EL A r__::::_.:__---:_...; 1---- 2Nki "' 4 12 I-.ipoKAGON 1 sr\ CEMETERY VII 4.51 1_,I -,,oso,, - i ;1\lc- 9..,'., . \ 'n: ' >I _1 i ; ; 7.;„> \\ ,,,,,,,•>;<-\\•\..\\., \ \N„.........,...".,----..„:21 . T ON T \ttifiLnallb... AvE I L -5- -- ' ....•••"-- ! i k a-,,,,....,,,,,,-::-.7.74,! 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