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HomeMy WebLinkAboutRezoning - 100 Block of West Angela BlvdORDINANCE No. 4. a. Passed by the Common Council of the City of So[tth Bend, Indiana September 9, 20 02 Attest: Attest: Presented by me to the Mayor of the City of Soutlt Bend, Indiana September 10, 20 0 2 City Clerk President of Common Cottncil City Clerk Approved and signed by me September 10 , 20 02 Mayor ORDINANCE NO . ~ ~ 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 100 BLOCK OF WEST ANGELA BLVD. 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: PARCEL I. THAT PART OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEING A TRACT OF LAND IN THE PLAT OF "LEEPER'S SECOND ADDITION TO THE CITY OF SOUTH BEND" AS SHOWN IN PLAT BOOK # 11 ON PAGE # 153 AND IN THE REVISED PLAT OF "LEEPER'S SECOND ADDITION TO THE CITY OF SOUTH BEND" AS SHOWN IN PLAT BOOK # 14 ON PAGE # 21, BOTH RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIED AS: BEGINNING AT A POINT ON THE SOUTH LINE OF ANGELA BOULEVARD WHICH S. 88°-07'-47" W., 119.00 FT. (REC., WEST) FROM THE INTERSECTION OF THE SOUTH LINE OF SAID ANGELA BOULEVARD WITH THE WEST LINE OF MICHIGAN STREET: THENCE S. 02°-12'-24" E., 253.10 FT. (REC., SOUTHERLY, 253.0 FT.) TO THE NORTH LINE OF POKAGON STREET; THENCE S. 88°-08' -48" W. ALONG SAID NORTH LINE, 86.85 FT. (REC. , WEST) TO THE EASTERLY LINE OF THE ABANDONED MICHIGAN CENTRAL RAILROAD RIGHT-OF-WAY; THENCE ALONG SAID EASTERLY LINE AROUND A 4092.56 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 258.94 FT. TO THE END OF A CHORD WHICH BEARS N. 14°-03'-12" W. AND HAVING A DISTANCE OF 258.90 FT. TO THE SOUTH LINE OF SAID ANGELA BOULEVARD; THENCE N. 88°-07' -47" E. ALONG SAID SOUTH LINE, 140.00 FT. (REC. , EAST) TO THE POINT OF BEGINNING. CONTAINING 0.67 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "O" OFFICE 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. ~w~~~,. MEMBER OF THE 1 st READING 1 ' g ~~ Z. PUBLIC HEARING ~,~,~~~ 3 rd READING Q'~ NOT APPROVED ~r REFERRED (~-P- 1`g-c~2 PASSED c~~_p-L Q S C~ 1 S u,,~11 s~~ S c~~S~-. ~-t~+'~h fled in Cl~rfi: s ®fifiecE~ At1G 0 (~ Z001_ LORETTA J. ~!t3A CRYCl.ERtt, ~. SEN®. Eel. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 49-02 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED IN THE 100 BLOCK OF WEST ANGELA BLVD. 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 by anew legal. Karen L. White Chairman F ~,. #~ REVISED 7/31/02 DATE FILED APPLICATION NO. DATE RECEIVED BY 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: 100 BLOCK OF WEST ANGELA BLVD. SOUTH BEND, INDIANA 46617 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: DR. DAVID W. LINDBORG 509 WEST WASHINGTON STREET SOUTH BEND, INDIANA 46601 PHONE NUMBER (716) 234-6841. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL, "A" HEIGHT & AREA AND "C-1" COMMERCIAL, "C" HEIGHT ~ AREA, TO "O" OFFICE DISTRICT. 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). PROFESSIONAL OFFICE USE. 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; (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 (1) 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 $E REQUESTED. a SIGNED, ~ ' DR. DAVID LINDBORG - OWNER PETITIONED PREPARED BY AND CONTACT PERSON DANCH, HARMER 6 ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 filed In Clerk's ~ffiCe ?~U~ ® ~2 ~~02 LORETTAJ. WlDA CITY CLERK, 80. E~EAIO, Its. Property Owners Within 300 Feet David W. Lindborg David W. Lindborg Memorial Health Systems Inc. 509 W. Washington 509 W. Washington St. 615 N. Michigan Ave. South Bend, IN. 46601 South Bend, IN. 46601 South Bend, 1N. 46601 Tax Key # 18 5127 450401 Tax Key # 18 5127 450402 Tax Key # 18 5127 4504 Edward & Colleen G. Foley Edward J. & Colleen G. Foley Flossie Mae Baumgartner 1347 Leeper St. 1347 Leeper St. 1339 Leeper South Bend, IN. 46617 South Bend, IN. 46617 South Bend,1N. 46617 Tax Key # 18 5127 4480 Tax Key # 18 5127 4481 Tax Key # 18 5127 4482 John J. Frese Ronald A. Joers Trustee Jack A. & Dorothy L. Wiltrout 533 E. Angela Blvd. 1919 Ridgewood CR 1321 Leeper St. South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 5127 4483 Tax Key # 18 5127 4485 Tax Key # 18 5127 4486 Sharon M. Hoffman Thomas A. & Elizabeth C. Osborn Laine C. & Melissa K Rundus Raymond J. Black 1315 Leeper Ave. 717 Rex St. 1317 Leeper Avenue South Bend,1N. 46617 South Bend, IN. 46615 South Bend, 1N. 46617 Tax Key # 18 5127 4488 Tax Key # 18 51274489 Tax Key # 18 5127 4487 Paramount Properties Inc. lrene C. Jaqua Irene C. Jaqua P.O. Box 4464 Winifred Wulf Winifred Wulf South Bend, In. 46634 120 W. Pokagon 120 Pokagon St. Tax Key # 18 5127 4493 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 5127 4494 Tax Key # 18 5127 4496 Geoffrey F. Samora James & Anna M. Fegan Robert D. & Nancy K. Case 150 W. Angela Blvd. 1310 Ostego 1308 Otsego South Bend, TN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 5130 4673 Tax Key # 18 5130 4676 Tax Key # 18 5130 4677 Robert & Mary A. Rementh Judith A. Kramer Jeffrey M. Berndt 2611 Hillcrest Ave. P.O. Box 2466 119 Laporte St. Plymouth, IN. 46563 South Bend, IN. 46680 South Bend, IN. 46601 Tax Key # 18 5130 4678 Tax Key # 18 5130 4686 Tax Key # 18 5130 4685 Meredith J. Bowers Timothy V. & Nadine M. Kaminski David C. Berta Keir A. Lieber 8144 E. Chicago Trail 152 W. Pokagon St. 1220 Hillcrest New Carlisle, IN. 46552 South Bend, 1N. 46617 South Bend, IN. 46617 Tax Key # I8 5130 4684 Tax Key # 18 5130 4683 Tax Key # 18 5130 4692 Mary E. Skelton Christopher M. & Lois A. Costello John Frost Pamela Samson 1234 Hillcrest 1242 Hillcrest 1230 IJillcrest South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 5130 4690 Tax Key # 18 5130 4689 Tax Key # 18 5130 4691 Linda A. Krick 1250 Hillcrest South Bend, 1N. 46617 Tax Key # 18 5130 4682 John Frost 1242 Hillcrest South Bend, TN. 46617 Tax Key # 18 5130 4688 John Rocco Lupresto 217 W.Pokagon South Bend, 1N. 46617 Tax Key # 18 5130 4672 John E. & Josephine Broden 1319 Ostego South Bend, TN. 46617 Tax Key # 18 5130 4668 Priests of Holy Cross 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 17 1023 044706 Marie A. Pauwels Mark D. & Janet M. Sylvester 1254 Hillcrest 216 W. Pokagon South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 S 130 4681 Tax Key # 18 5130 4680 Sonia G. Gernes Mark D. & Janet M. Sylvester 1246 Hillcrest 216 Pokagon St. South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 5130 4687 Tax Key # 18 5130 4679 John Rocco Lupresto Owen M. & Hallie Sue Rock 217 W. Pokagon 1309 Ostego South Bend, 1N. 46617 South Bend, 1N. 46617 Tax Key # 18 5130 4671 Tax Key # 18 5130 4670 Duane Neuerburg Diocese of Fort Wayne South Bend IN P.O. Box 328 1441 N. Michigan St. South Bend, IN. 46624 South Bend, IN. 46617 Tax Key # 18 5130 4667 Tax Key # 18 5125 4436 ~=ilv~ in Ci~~;~'~ 4f~ic~ ~J U i. 0 :~ ~00~ LOl?~T7A J. DQ113F~ OI7YC11;R'.'e, tltD. R~41~, d3~7„ Brothers of Holy Cross Brothers of Holy Cross P.O. Box 460 P.O. Box 460 Notre Dame, ]N. 46556 Notre Dame, TN. 46556 Tax. Key # 17 1023 044702 Tax Key # 17 1023 044701 ~-~ /ranch, F/arner ~ ~1 ssociates, Inc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4~h Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Dr. David Lindborg for property in the 100 Block of West Angela Boulevard, South Bend, Indiana: Dear Council Members: July 1, 2002 Our clients are requesting the approval of a Rezoning for their property in the 100 Block of West Angela Boulevard, South Bend, Indiana. This rezoning is to allow for the construction of a professional office building on vacant ground located adjacent to and west of the National City Branch Bank facility on the corner of Angela Blvd. and Michigan Street. Our client believes the new professional office building will be compatible with the other commercial and professional office uses existing along this portion of Angela Blvd. And Michigan Street. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. President Ranch, Harner & Associates, Inc. Land Surveyors .Professional Engineers Landscape Architects .Land Planners .~ ~j ~ ~ ~~ 202 LORETTAJ. [3t.tDA CRYCIEFI~R, 50.6~N~J, I;w 2422 Uridian Drive, Suite 201 ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 office 2191234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 office 6161471-3010 ^ Fax 616/471-7237 STAFF REPORT August Z2, 2002 west. The "O" Office zoning district has permitted uses which are required to be compatible with residential areas and contains development controls to limit its impact on the surrounding area. The rezoning of this property to "O" Office would act as a buffer and a transition between the commercially zoned area to the east and the residential area to the west. It is the staff's opinion that "O" Office zoning would be reasonable for this site. I I ~ I M I N I . W. /~\ I . V. L.~~1 I I ~~~ 1 . . I ~~ I 1 I I `~\ I ~ ~ I Qo~ ~ j PETITION AREA I I ANGELA BLVD. ~ ~~O 1~ W I H~y~y~ I ~ N~ .~. I ® ~ I I I m -- POKAGON ~ ST. I I t I ~ ~, ® ® PDKAGON ST. 05TEM0 AVE. ~' I I ~ I Oa I I I I ~~ I I I I I 9 VE 9 _ PEASHWAY ST. PARKOVASH °90 ~ -- I I I t ~ __ I I I I ~- s pVE. -~ -_ c' - - TONTI ~~ NAPOLEON ST. W m I I I I y~ ae~ ~~ W I I I I y~ I W ~ W ' ~ Z 5 Wp'pE~p AVE. ~ -- - -- H ° h REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT 8~ AREA, & "C-1" COMMERCIAL, "C" HEIGHT 8c AREA TO: "O" OFFICE SOUTH BEND EXISTING ZONING "A" RESIDENTIAL D "B" RESIDENTIAL D "C-1" COMMERCIAL o "O" OFFICE DISTRICT D ST. JOSEPH COUNTY EXISTING ZONING 4 APC # 2157-02 O 200 400 800 ~~ Graphic Scale "A" AGRICULTURAL D PETITION AREA