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HomeMy WebLinkAboutRezoning - 306 S. Notre Dame and 910 E. Wayne/ 916 E. WayneORDINANCE No. a~~> Passed by the Common Council of the City of South Bend, Indiana December 9, Attest: Attest: ~~ /Cap 20 02 Presented by me to the Mayor of the Ciry of Sotrtlt Bend, Indiana December 11 20 02 City Clerk President of Common Council City Clerk Approved a~td signed by me December 12, 20 9~2 Mayor ORDINANCE NO. ~ ~D AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 S. NOTRE DAME AND 910 E. WAYNE / 916 E. WAYNE 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 lrnown 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: PARCEL 1: The North Half of Out Lot Numbered Twenty-two (22) as shown on the recorded PIat of Samuel L. Cottrell's Addition to the Town of Lowell, now within and a part of the City of South Bend, EXCEPTING THEREFROM the following parcel: Beginning at the Northeast corner of said lot; thence running West along the North line of said Lot 171.07 feet; thence Southerly 102.5 feet to a point 171.46 feet West of the East line of said lot; thence East a distance of 171.46 feet to the East line of said lot; thence North along the East line of said Lot, 102.5 feet to the place of beginning. FURTHER EXCEPTING THEREFROM: Beginning at a point on the East line of said Out Lot 22 which point is 102.50 feet South of the Northeast comer of said Out Lot 22; thence Westerly, parallel with the North line of said Out Lot 22, a distance of 171.46 feet; thence Southerly a distance of 102.45 feet to a point 171.91 feet West of the East line of said Out Lot 22; thence Easterly a distance of 171.91 feet to the said East line of Out Lot 22; thence Northerly, along said East line, a distance of 102.4 feet to the place of beginning. Be and the same is hereby established as "A-3" Mixed Use. "E" height and area. Section 11. This ordinance shall be in fiill force and effect from and after its Passage by the Common Council, approval by the mayor, and legal publication. Member of the ommon C cil 1 st READING ' ~~~~-QZ PUBLIC HEARING \2'q'ot ~3 rd READING i'L.-q-nL NOT APPROVED Gt5 Su~s~-~~~~ GI,S S'u.~oS~~-~"(1~~ REFERRED Fj - P~ l~ "' t`{~ ~~ PASSED (L-q-OL 0..S S (1~~oS~.^+~ Filed In Clerk's ©ffice ~~U~ ! .~3 2OOZ tOR&RT~d J. ~1D65 C8'tY C9.~R3t~ L0. Bl~~ IRf. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 78-02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 306 S. NOTRE DAME AND 910 E. WAYNE/916 E. WAYNE IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Karl King Chairman Date filed - Application No. ~ I ~~ ~~ Date received by the Area Plan Commission I (we) the undersigned make application to 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: 306 S. NOTRE DAME AND 9I0 E. WAYNE /916 E. WAYNE SOUTH BEND, IN 4617 2) Name and address of property owner (s) of the petition site: WAYNE ST. PLAZA L.P. 306 S. NOTRE DAME SOUTH BEND, IN 46617 574-232-5459 3) Name and address of contingent purchaser (s) if applicable: 4) It is desired and requested that this property be rezoned FROM "D"-LIGHT INDUSTRIAL. "E" HEIGHT AND AREA TO "A-3" MIXED USE "E" HEIGHT AND AREA 5) This rezoning is requested to allow the following use (s) SINGLE FAMILY RESIDENTIAL USE/ OFFICE USE(S~EDUCATIONAL USE(S) (ART STUDIO) 6) Attached is a copy of (a) Legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (c) six (6) 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 and approved by the Area Plan Commission within one (I) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. r SIGNATURE (S) OF ALL PROPERTY OWNER PETTI'ION PREPARED BY: PATRICK J. MCGRAW 306 S. NOTRE DAME F~r~d,~l ~~~C~~~ ~~f ~rs~ SOUTH BEND,IN. 46617 574-232-5459 ~,~ ~~c ,~ ?~ 200 LOit3TTA~JO.~~~ t~ .:.~ 1f CLEt~, ~~ - Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Pftone 574 235-9571 Fax 574 235-9813 November 20, 2002 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 Wayne Street Plaza LP to zone from "D" Light Industrial, "E" Height and Area to ' A-3" Mixed Use, "E" Height and Area, property located at 306 Notre Dame Avenue, and 910 and 916 E. Wayne Street, City of South Bend - APC #2176-02 Dear Council Members: The above referenced ordinance and site development plan of Wayne Street Plaza LP was legally advertised November 7, 2002. The Area Plan Commission at its public hearing on November 19, 2002, took the following action: Upon a motion b~ Charlotte Sobel, being seconded b Alberta Husband and unanimously carried, the proposed ordinance and site development pplan ofyWayne Street Plaza LP to zone from "D" Light Industrial, "E" Height and Area to "A-3" Mixed Use, "E" Height and Area, property located at 306 Notre Dame Avenue, and 910 and 916 E. Wayne Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed rezoning to "A•3" Mixed Use represents a downzoning and will be more compatible with the resident><al area to the north and west than the industrial uses that could be developed under the existing "D" Light Industrial zoning. However, it must be noted that many changes and improvements may need to be made to the present site plan prior to final site plan approval. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's fast 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 hearmg, 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. Sin re , ert W. Sante RWS:sr Attachment CC: Wayne Street Plaza LP CC: Patnck J. McGraw i Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana +~ ~ . STAFF REPORT November 12, 2002 W~~me Street Plaza LP 2176-02 Location: 306 Notre Dame Avenue and 910 and 916 E. Wayne Street City of South Bend RE UESTED ACTION: The petitioner is requesting a zone change from "D" Light Industrial, "E" Height and Area to "A-3" Mixed Use, "E" Height and Area to allow a single-family residential use, office uses, and educational uses/art studio. EXISTING LAND USE• The property currently contains commercial structures. SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes zoned "B" Residential, "B" height and area; to the east are commercial businesses zoned "D" Light Industrial, "E" height and area; to the south are industrial uses zoned "D" Light Industrial, "E" height and area; and to the west across Notre Dame Avenue are single-family homes and duplexes zoned "B" Residential, "B" height and area. ACCESS: Access to the site is from both Wayne Street and Notre Dame Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SZTE DATA• The total site to be rezoned is 35,432 square feet. Of that, the buildings will occupy 10,256 square feet, or 29 percent of the site; the parking and drives will occupy 23,426 square feet, or 66 percent of the site; and 1,750 square feet or 5 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. SITE PLAN• The site plan is preliminary. AGENCY COMMENTS: PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed rezoning to "A-3" Mixed Use represents a downzoning and will be more compatible with the residential area to the north and west than the industrial uses that could be developed under the existing "D" Light Industrial zoning. However, it must be noted that many changes and improvements may need to be made to the ~ - D --- u -~ I...... _-- ~~ I JEFFERSON LI - - ~ L I I I ~r - - - O WAYNE 5 0 ~~~ ~- a N~ -- ~ ~l7 ~~~ F N o~~ ~ o ~ D T - v~ ~ - - ~- W ~ U ~ Z _ _ W a a I I I r 0 oa I I I ~ I 1 I . 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