HomeMy WebLinkAboutZoning - Property located at the Northsouth corner of Clement & Linden Sts ORDINANCE No. 7659-86
Passed by the Common Council of the City of South Bend, Indiana
July 14, rq 86
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Attest:
City Clerk
IRENE K. GAMMON
Attest: L'444,4 - President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 15 , r9 86
City Clerk
IRENE K. GAMMON
Approved and signed by me / I
9
/17
t/ Mayor
ORDINANCE NO. 7( 1- $' ,
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CLEMENT & LINDEN STREETS
IN THE CITY OF SOUTH BEND, INDIANA
BE IT ORDAINED by the Common Council of the City of South Bend, Indiana:
SECTION 1. 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 Dend, St. Joseph County, State of Indiana:
A part of the Southeast 4 of the Southeast 4 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 of the South line of Section 5, 842.10 feet West of
the Southeast corner of said Section 5; thence on an assumed bearing of North
0° 03' 42" West, 476.00 feet; thence South 89° 59' 17 ' East, 141.00 feet to the
Southwest corner of lot 54 as shown on the recorded plat of Section"A" Harber
Homes in Plat Book 24, Page "H" in the office of the Recorder of St. Joseph
County, Indiana; thence North 0° 00' 43" East along the West line of said plat
of Section "A" Harber Homes, 263.00 feet; thence North 750 29' 18" West, 51.38
feet; thence North 5° 06' 42" East, 236.53 feet to the Northwest corner of said
plat of Section "A"Harber Homes; thence North 89° 53' 18" West, 264.08 feet;
thence North 89° 50' 56" West 329.78 feet to the West line of said Southeast 4
of the Southeast 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° 03' 42" East along said East line of Portage Gardens,
988.71 feet to the South line of said Section 5; thence South 89° 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 and "B"Height and Area District.
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.
IMO/ 411§11e414
Member of the ComirCouncil
Date Filed May 7, 1986 Application No.
Date Received by the Area Plan Commission
I (we) 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:
Northeast corner of Clement Street and Linden Street, extending
North on Clement Street 988.71' and extending East on Linden Street 480.93' .
2) The name and address of all property owners:
Midwest Acceptance Corp.
3300 Beech Place
Carmel , Indiana 46032 317/872-4834
3) Name and adress of contingent purchaser:
Beechwood Development Corp.
Post Office Box 151
Batesville, Indiana 47006 812/934-2201
4) It is desired and requested that this property be rezoned
from A - Residential , A Height & Area
to B - Residential , B Height & Area
5) This rezoning is requested to allow the following use:
Two story brick veneered apartment buildings, 26'-0" maximum height. A
maximum of 216 apartment units, plus a "Club House" (with office, maintenance
shop forproject, recreation-meeting rooms for project) , with recreation
areas near clubhouse for tenants' use.
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 purchasers 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 Plam Commission within one (1) year of the Council 's action. Failure to
submit a final site plan within that time period, causes the zoning on the
petitioned property to revert to the intial zoning classification. Time extensions
on the submittal of the final site plan may be requested.
Signed: „
James N. Sk!nner, Pres.
Midwest Acceptance Corp.
PETITION PREPARED BY:
Page 1 of 2
List of names and addresses of all property owners within 300 feet
of petition property:
Carol J. Lant Regina & Stanley Hajduk
3337 Marquette Tr. 2609 N. Menard
Michigan City, Indiana 46360 Chicago, Illinois
John C. Gleva Roy Shellburg
5039 W. Packard Ave. 5049 Reo Ave.
South Bend, Ind. 46619 South Bend, Ind. 46619
Stanley J. Paskiet Roy Shellburg
5105 W. Packard Ave. 23309 Reo Ave.
South Bend, Ind. 46619 South Bend, Ind. 46619
William D. Gargi Ronald S. Singleton
5047 W. Packard Ave. % Ronald and Marcy Singleton
South Bend, Ind. 46619 5037 Reo Ave.
South Bend, Ind. 46619
St. Marys of the Holy Rosary
Polish Mational Catholic church Believers Church of God in Christ
1614 W. Sample St. Post Office Box 3761
South Bend, Ind. 46619 South Bend, Ind. 46619
Daniel & Mary Lisenko Alfred & Martha Kosinski
5030 Olds Ave. 5105 W. Roger
South Bend, Ind. 46619 South Bend, Ind. 46619
Chester Los Alfred & Martha Kosinski
1213 Leeper Ave. 23327 Nash Ave.
South Bend, Ind. 46619 South Bend, Ind. 46619
Anthony Mikula John Kosinski
3533 Riverside Drive % E. Sparczynski
South Bend, Ind. 46628 446 S. Edison
South Bend, Ind. 46619
Gertrude Raymond
5331 W. Russ St. Aaron & Goldie Tuttle
Mishawaka, Ind. 46545 4630 W. Kankakee Dr.
South Bend, Ind. 46619
John Kaczmarek
Hebruetta Pajakowski VFW Post #9820
422 Blaine Ave. 4829 W. Linden Ave.
South Bend, Ind. 46616 South Bend, Ind. 46619
Henrietta Pajakowski Housing Authority of South Bend
422 Blaine Ave. 501 S. Scott St.
South Bend, Ind. 46616 South Bend, Ind. 46625
David & Joyce Ann Smith Anthony Herczeg & Nancy Blackburn
1201 Congress Ave. 266 Westwood Lane
South Bend, Ind. 46615 South Bend, Ind. 46619
Will C. Banicki Curtis & Georgia Betthel
728 Webster St. 260 Westwood Lane
South Bend, Ind. 46619 South Bend, Ind. 46619
Mary Jane Hastings Kris A. & Carla J. Fuller
Post Office Box 686 256 Westwood Lane
Mishawaka, Ind. 46544 South Bend, Ind. 46619
Marjorie & Evelyn Storms George & Ruthie Williams
30973 Dogwood Drive 250 Westwood Lane
Page 2 of 2
George Jr. & Rozellia Hill Richard D. & Anna M. Wiggins
240 Westwood Lane 253 Westwood Lane
South Bend, Ind. 46619 South Bend, Ind. 46619
Clayton & Deborah Close Cressy & Everett Inc.
273 Westwood Lane 332 N. Ironwood Drive
South Bend, Ind. 46619 South Bend, Ind. 46615
Roger A. & Elecnor B. DeLoof Clarice A. Rinker
5019 Idlewood Drive 226 N. Woodhill
South Bend, Ind. 46619 South Bend, Ind. 46619
George T. III & Jean A. Brenner South Bend Community School Corp.
216 Woodhill 634 Main Street
South Bend, Ind. 46619 South Bend, Ind. 46623
Daniel & Marcia A. Lisenko
5027 W. Colfax
South Bend, Ind. 46619
LEGAL DESCRIPTION OF PROPERTY
A part of the Southeast 4 of the Southeast 4 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° 03' 42" West, 476.00 feet; thence South 89° 59' 17 m East, 141.00 feet to the
Southwest corner of lot 54 as shown on the recorded plat of section"A" Harber
Homes in Plat Book 24, Page "H" in the Office of the Recorder of St. Joseph
County, Indiana; thence North 0° 00' 43" East along the W8st line of said Plat
of section "A" Harber Homes, 263.00 feet; thence North 75 29' 18" West, 51.38
feet; thence North 5° 06' 42" East, 236.53 feet to the Northwest corner of said
plat of section "A" Harber Homes; thence North 89° 53' 18 West, 264.08 feet;
thence North 89° 50' 56" West, 329.78 feet to the West line of said Southeast 4of
the Southeast 4 of Section 5, said line being also East line od the plat of
Portage Gardens recorded in said Office of the Recorder of St. Joseph County,
Indiana; thence South 0° 03' 42" East along said line of portage Gardens,
988.71 feet to the South line of said Section 5; thence South 89° 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.
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 18, 1986
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 Clement Street and Linden Street, City of South Bend
Gentlemen:
The above referenced ordinance and site development plan of Midwest Acceptance
Corporation was legally advertised June 6 and June 7, 1986. The Area Plan
Commission gave it a public hearing on June 17, 1986, at which time the
following action was taken:
Upon a motion by Chuck Sausman, being seconded by John
DeLee, 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 Clement
Street and Linden Street, City of South Bend is sent to
the Common Council with a favorable recommendation
subject to 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
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June 18, 1986
The Honorable Common Council
Page Two
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
Attachment
CC: Midwest Acceptance Corporation
Beechwood Acceptance Corp.
Charles A. Totten, Jr. A.I.A.
' 3
STAFF REPORT
MIDWEST ACCEPTANCE CORP. #1025-86 June 6, 1986
Northeast corner of Clement and Linden Streets
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change from
"A" Residential, "A" Height and Area to "B"
Residential, "B" Height and Area to allow for the
development of an apartment project.
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 and to the south across
Linden Street are single—family homes zoned "A"
Residential; and to the west across Clement Street
are single—family homes zoned "A" Residential.
ACCESS: Access to the site will be from Linden and Clement
Streets and Trenton Drive.
DRAINAGE: The drainage has not been addressed by the
petitioners.
DATA: The total site to be rezoned is 12.34 acres. Of
that, the buildings will occupy 2 acres, or 17% of
the site; the parking and drives will occupy 2.8
acres or 22.6% of the site, and 7.5 acres or 60.4%
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. Sanitary sewer is available to the site.
2. There are no storm sewers available to
the site. Storm water must be retained
on site. If drywells are used, the rate
of 30 gal./100 square feet of roof and
paved areas is required. If retention
area is used, design to a 2" rain.
3. Need detail drawing of curb cut for
ingress/egress."
The City Building Department noted that:
"Setbacks have been met with the possible
exception of the tennis and pool areas. The
fencing, not dimensioned on the drawing,
appears to encroach on the side setback."
2
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STAFF COMMENTS: This site has had various proposals for rezoning
over the past twenty years. The majority of those
proposals were for multi-family projects.
July 13, 1986
STAFF COMMENTS: The Staff received a revised preliminary site
plan on June 13, 1986. The site plan revision
shows the continuation of Trenton Drive from the
east through the project. It also reflects a
reduction of apartment units from 216 to 196, with
a corresponding reduction in density from 17.5
units per acre to 15.88 units per acre. Buildings
will now occupy 1.96 acres or 15.9% of the site;
parking and drives will occupy 2.97 acres or 24.1%
of the site; and open space will occupy 7.41 acres
or 60% of the site.
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REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA
TO: "B" RESIDENTIAL, "B" HEIGHT AND AREA
PETITION AREA NORTH
"A" RESIDENTIAL •1
"C" COMMERCIAL
"E" HEAVY INDUSTRIAL
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