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HomeMy WebLinkAboutBill No. 02-23 407, 409, and 411 Marion St Rezoning FO '' ;ark's Office BILL NO. 02-23 i JAN 1 7 sz.$ ORDINANCE NO. 10914-23CITY CLERK,R OUO p, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 407, 409 AND 411 MARION ST. COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone a portion of the property to allow for retail development along Portage Ave and residential dwellings along Marion St. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF A PARCEL OF GROUND SHOWN AS TAX KEY NUMBER 018-1020-084601 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA ASSESSOR'S OFFICE; THENCE NORTHEASTERLY (ALL BEARINGS ASSUMED) ALONG THE NORTH LINE OF SAID PARCEL AND THE NORTH LINE OF A PARCEL SHOWN AS TAX KEY NUMBER 018-1020-0846 IN THE RECORDS OF SAID ASSESSOR, A DISTANCE OF 81.50 FT. MORE OR LESS; THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL WITH TAX KEY NUMBER 018- 1020-0846, A DISTANCE OF 56 FEET MORE OR LESS; THENCE WEST, A DISTANCE OF 78 FEET MORE OR LESS TO THE WEST LINE OF SAID PARCEL WITH TAX KEY NUMBER 018-1020-084601; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 50 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.10 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS,EASEMENTS AND RESTRICTIONS OF RECORD be and the same is hereby established as NC Neighborhood Center SECTION II. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2,TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF A PARCEL OF GROUND SHOWN AS TAX KEY NUMBER 018-1020-0847 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA ASSESSOR'S OFFICE; THENCE WESTERLY (ALL BEARINGS ASSUMED) ALONG THE NORTH LINE OF MARION STREET, A DISTANCE OF 73 FT. MORE OR LESS; THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL,A DISTANCE OF 86.50 FEET MORE OR LESS;THENCE EAST,A DISTANCE OF 71.50 FEET MORE OR LESS TO THE EAST LINE OF SAID PARCEL;THENCE SOUTH ALONG THE EAST LINE OF SAID PARCEL,A DISTANCE OF 87.39 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.14 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS,EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as U3 Urban Neighborhood 3 SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon L. McBride, Council President South Bend Common Council - 2 - Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2023, at o'clock . m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2023, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana Filr,r ' rk's Cffice JAN 17 ::T 3 l__._.. 1 DAWN M.JONES CITY CLERK, SOUTH BEND,IN - 3 - 0��o?LANco , County-City Building -44 47�s� City of South Bend 227 W.Jefferson Blvd. 14005 o PLAN COMMISSION Bend,B , IN 46601 235-7627 www.southbendin.gov/zoning F:NBuSHEo Filod ir, '-'??rk's Office January 17th, 2023 JAN 17 621 Honorable Committee Chair Hamann 4th Floor, County-City Building Di AWN M.JONES South Bend, IN 46601 CITY CLERK,SOUTH BEND,IN RE:407, 409, and 411 Marion St. — PC#0137-23 Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your January 23rd, 2023, Council meeting, and set it for public hearing at your February 27th, 2023, Council meeting. The petition is tentatively scheduled for public hearing at the February 20th, South Bend Plan Commission meeting.The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone a portion of the property to allow for retail development along Portage Ave and residential dwellings along Marion St If you have any questions, please feel free to contact our office. Sincerely, Rachel Boyles Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Scott Ford Planning Director Zoning Administrator Commission President City of South Bend PLAN COMMISSION RECEIVED JAN 1 2 2023 Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number:018-1020-0847, 018-1020-0846, 0-1 OIg -10Z-O 4Uoi Address:407, 409 & 411 W. Marion Street, South Bend, IN 46601 Owner: Dave A. Nufer LLC Legal Description: Parcel 1: From"U3"to"NC": That part of the Southeast Quarter of Section 2,Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana which is described as: Beginning at the Northwest corner of a Parcel of ground shown as Tax Key Number 018-1020-084601 in the records of the St.Joseph County, Indiana Assessor's Office; thence Northeasterly(all bearings assumed)along the North line of said Parcel and the North line of a Parcel shown as Tax Key Number 018-1020-0846 in the records of said Assessor, a distance of 81.50 ft. more or© Project Summary The rezoning request is to zone a portion of of the properties to "U3"from "NC" and from "NC" to "U3" to allow for a retail development along Portage Ave. and Residential homes along Marion Street. Requested Action Application includes (check all that apply) ✓❑ Rezoning Current District: U3 Urban Neighborhood 3 NC Neighborhood Center Proposed District NC Neighborhood Center P4G-Neighborhood-3enter-( r L() The Plan Commission and Council will consider the following in the review of a rezoning pe do mc" (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction;and (5) Responsible development and growth. ❑ Subdivision - complete and attach subdivision application ❑ Special Exception -complete and attach Criteria for Decision Making Use requested: ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents ECompleted Application (including Contact Information) Site Plan drawn to scale P A 1 ✓ Filing Fee _ Additional documents as noted above JAN 1 `r), 2(I8 Per Contact information Property owner(s) of the petition site: Name: Dave A. Nufer LLC Address: 2409 Mishawaka Avenue, South Bend IN. 46615 Name: Address: Name: Address: _ Contact Person: Name: Michael Danch - Danch, Harner&Associates, Inc. Address: 1643 Commerce Drive, South Bend, IN 46628 Phone Number: 574-234-4003. mdanch@danchharner.com, gshearon@ danchharner.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this, etition. Propert caner (s) 5ignat e : Rezoning Legal Descriptions: Parcel 1: From"U3"to"NC": That part of the Southeast Quarter of Section 2, Township 37 North, Range 2 East, City of South Bend, Portage Township,St.Joseph County, Indiana which is described as: Beginning at the Northwest corner of a Parcel of ground shown as Tax Key Number 018-1020-084601 in the records of the St.Joseph County, Indiana Assessor's Office;thence Northeasterly(all bearings assumed)along the North line of said Parcel and the North line of a Parcel shown as Tax Key Number 018-1020-0846 in the records of said Assessor, a distance of 81.50 ft. more or less;thence South along the East line of said Parcel with Tax Key Number 018-1020-0846, a distance of 56 feet more or less;thence West,a distance of 78 feet more or less to the West line of said Parcel with Tax Key Number 018-1020-084601;thence North along the West line of said Parcel, a distance of 50 feet more or less to the point of beginning. Containing 0.10 acres more or less. Subject to all legal highways, easements and restrictions of record Parcel 2: From "NC"to "U3": That part of the Southeast Quarter of Section 2, Township 37 North, Range 2 East, City of South Bend, Portage Township,St.Joseph County, Indiana which is described as: Beginning at the Southeast corner of a Parcel of ground shown as Tax Key Number 018-1020-0847 in the records of the St. Joseph County, Indiana Assessor's Office;thence Westerly(all bearings assumed)along the North line of Marion Street,a distance of 73 ft. more or less; thence North along the West line of said Parcel, a distance of 86.50 feet more or less; thence East, a distance of 71.50 feet more or less to the East line of said Parcel; thence South along the East line of said Parcel, a distance of 87.39 feet more or less to the point of beginning. Containing 0.14 acres more or less. Subject to all legal highways,easements and restrictions of record. 1- PRELIMINARY SITE PLAN PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 37 NORTH, RANGE 2 EAST, WyCRPTDT: CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Drr WARM W SECTION 2...111.P y] NOPARCEL 2 EAS'oro ww .sOF yourT IN.PORT.PC.. ST.ALLEY - 9EM.LOTS i ARA]of 7.ART OF PAT OF of wmROOOns Se NVIS.OF TWIT our LOT W THE TEDD Pur OF ODE LOTS w ,• iE, x� l L'''' R OF SOUTH BETH RAT BOON 5.P.1E 55. �y t rT H 40 4. D ON SB AND s]AND ME VACATED ALLEY SEMEN SNO LOTS 56 AND W AND ALSO...WAUKEE Mu RALE AS SHORN ME RECORDED Pur NAVARRE STREET (80.0' R/W) --:--� OF HOP.•wort AOamx TO ME Cm OP Sou'.BEND ani eon 1R- j•• / PAO[S B MORE PARTICUIAYLT DESCRIBED AS CCM..AT THF ^': ' s F MI BLA.0.0 FOOT.THENCE NO. s / sb 1,. `' E•v Er Sr.AALONG THE OWN Raa-Or-M,a L.DF NAVARRE STREET. O' ��Y�i 1 \l _. Aoi KV To ME PON1 w BEO NMM .Co... 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