HomeMy WebLinkAboutZoning - 240 Rue DevilleORDINANCE No- 6135 -77
Passed by the Common Council of the City of South Bend, Indiana.
it 13
19 77
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
City Clerk
April 14 -19_27
of Common Council
City Clerk
IRENE K. GAMMON
24.0 Rue.DeVille
South Bend, Indiana
ORDINANCE NO (, j - - r%9
AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68,
AS AMENDED, COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA
(Chapter 21, Municipal Code).
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
Bend, St. Joseph County, State of Indiana:
A part of the Northeast quarter of Section 8,
Township 37 North, Range 3 East of the Second
Prime Meridian described as follows:
Commencing at the intersection of the North line
of Jefferson Boulevard and the West line of 33rd
Street, thence North 00 016'50" West along the
said West line of 33rd Street a distance of 511.10
feet to a point, thence West a distance of 144.44
feet for a point of beginning; thence West a distance
of 288.85 feet to a point; thence North 14 030'00"
east a distance of 65.58 feet to a point of curvature
of a curve convex to the Northeast and having a
radius of 160.53 feet and a central angle of
57 °10128 "; thence Northwesterly along said curve an
arc distance of 160.19 feet to a point on said curve;
thence North 50 053'49" east a distance of 78.43 feet
to the point of curvature of a curve convex to the
Northwest and having a radius of 93.35 feet and a
central angle of 39 °06111 ", thence Northeasterly
along said curve an arc distance of 63.71 feet to the
point of tangency of said curve; thence East a
distance of 190.08 feet to a point; thence South a
distance of 282.87 feet to the point of beginning,
containing plus or minus 1.786 acres in the City of
South Bend, St. Joseph County, Indiana. (All bearings
assumed)
be and the same is hereby established as "C" Commercial
Use and "B" Height and Area District.
Section 2. 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.
Member of the Co n Council
I si6ned only to provide IN C����'� �F���
cpportunit; fer ulic discussion
y ,3 _V and Council action on the issue:
APPwDYED
�- �� -��� Irene Gammon
CITY CLERK, SOUTH BEND, IND.
4:: .
CITY OF SOUTH BEND
PETITION TO AMEND ZONING ORDINANCE
FOR OFFICIAL USE ONLY
Application No.
Date filed filed with City Clerk / ji
Date received by the Area Plan Commission Lf �' l_7 — — — — — — — — —
NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR PRINTED REMAINDER OFD
THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING
— — — —
FORM. — — _ — -
I (We), the undersigned, do hereby respectfully make applica-
tion and petition the Common City ter a,
to amend the Zoning Ordina nce
requested, and in support of this application, the following facts are
shown:
1. The property sought to be rezoned is located at:
240 Rue DeVille, South Bend, Indiana
2. The property is owned by:
Ralph M. & Wanda L. Williams
3. A legal description of the property is as follows:
A part of the Northeast quarter of Section 8, Township 37 North,
Range 3 East of the Second Prime meridian described as follows:
Commencing at the intersection of the North line of Jefferson
Boulevard and the West line of 33rd Street,thence North 00 116'50"
West along the said West line of 33rd Street a distance of
''- —1 -t0 feet to a point, thence West a distance of 144.44 feet for
• point of beginning; thence West a distance of 288.85 feet to
• point; thence North 14 °30'00" Bast a distance of 65.58 feet
to a point of curvature of a curve convex to the Northeast and
having a radius of 160.53 feet and a central angle of 57 °10128 ",
thence Northwesterly along said curve an arc distance '
feet to a point on said curve; thence North 50 °53149" st a
distance of 78.u3 feet to the point of curvature.of a curve
convex to the Northwest and having a radius of 93.35 feet and
a central angle of 39 °06111 "; thence Northeasterly along said
curve an arc distance of 63.71 feet to the point of tangency
of said curve; thence East a distance of 190.08 feet to a point;
thence South a distance of 282.87 feet to the point of beginning;
containing plus or minus 19786 acres in the City of South Bend,
St. Toseph County, Indiana. (All bearings assumed).
IF NECESSARY}
(CONTINUE ON THE REVERSE SIDE,
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4. It is desired and requested that the foregoing property
be rezoned:
From C 1 Use and B Height and Area District -
To 0 Use and B
Height and Area District.
5. It is proposed that the property will be put to the
following use and the following building(s) will be constructed
(Include number of dwelling units, if residential):
Nightclub; 0 c
\ �� r.r_. .5 �5- 3- _eY, -L; v� ei��'t�n'� c� e m•�er n.� o-�E; �.c � >�
6. Number of off - street parking spaces to be provided:
Ninety (90)
7. Attached is (a) an original ordinance and 25 copies;
(b) an original petition and 20 copies; (c) a $10 filing fee;.
(d) an existing plot plan showing my property and other surrounding
properties; (e) names and addresses of all the individuals, firms
or corporations owning property within 300 feet of the property
sought to be rezoned; and (f) 5 copies of a site development plan.
Petition Prepared By:
William E. Voor, Jr.,
Attorney at
300 First Bank Bldg.
South�Bend, Indiana
Signature of Petitioner
210 Rue DeVille, South Bend, Indiana
ACCress
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Tommitirt Irport
On toe Tomnton Touncil of t4v Tits of oout4 Nrnd:
Your Committee OF THE WHOLE
to whom was referred
A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED,
COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE)
(240 RUE DEVILLE).
Respectfully report that they have examined the matter and that in their opinion
THIS ORDINANCE BE RECOMMENDED TO THE COUNCIL FAVORABLE.
FRANK HORVATH
Chairman
FREE PRESS 014earqP PUBLISHING CO.
9 AR9PLAN COMMISSION R ICHARD S. JOHNSON
OF PH COUNTY, IN Executive Director
Room 1140 County -City Building South Bend, Indiana 46601 (219) 284 -9571
March 16, 1977
The Honorable Common Council
City of South Bend
County -City Building
South Bend, IN 46601
In Re: A proposed ordinance and site development plan of
Ralph M. Williams, to zone from "C -1" Commercial, "B"
Height and Area, to "C" Commercial, "B" Height and
Area, property located at 240 Rue DeVille, Park
Jefferson Apartments, City of South Bend
Gentlemen:
The attached rezoning petition of Ralph M. Williams
was legally advertised March 5, 1977, and the Area Plan
Commission gave it a public hearing on March 15, 1977, at
which time the following action was taken:
"Upon a motion by Michael Miles, being seconded by
William Limerick and unanimously carried, the
petition, as amended, of Ralph M. Williams, to zone
from "C -1" Commercial, "B" Height and Area, to
"C" Commercial, "B" Height and Area, property located
at 240 Rue De Ville, Park Jefferson Apartments, City
of South Bend, is returned to the Common Council, with
a favorable recommendation, subject to a final site plan,
by the Area Plan Commission."
The above recommendation is made subject to a final site
plan and the preliminary site plan is attached hereto.
The deliberations of the Area Plan Commission and points
considered in arriving at the above decision are shown in
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 Staff Report.
Very truly yours,
Richard S. Johnson,
Executive Director
RSJ /cm
cc: Kenneth Fedder, Attorney
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
STAFF REPORT
February 25, 1977
RALPH WILLIAMS FOR THE LEFT BANK CLUB - #522 -77
LOCATION - this site is located within the Park Jefferson Apartment complex, and
the complex is located at the Northwest corner of Jefferson Blvd.
and 33rd Street.
EXISTING ZONING OF THE SURROUNDING PROPERTY - the property to all four sides
of the site are currently zoned "B" Residential.
EXISTING LAND USE OF THE SURROUNDING PROPERTY - the property to all four sides
of the site is currently being used for multi - family apartment
units as part of the Park Jefferson complex. The property South
of Jefferson Blvd. and East of 33rd Street is being used for single
family houses.
SITE PLAN - the site plan proposes to use the existing facility for a night club.
None of the other existing uses are shown, but if the other uses are to
continue, they must be indicated on the site plan and on the petition.
There is no new construction shown on the site plan and no other land
uses except for the required parking areas.
ACCESS - access to the site will be through the existing private road system for the
Park Jefferson Apartments.
DRAINAGE - no drainage plans have been submitted for the site, so this must be
prepared by the developer and approved by the City Engineer prior
to final site plan submittal.
PARKING - the site plan indicates that approximately 70 parking spaces will be
provided. There is not sufficient data provided to determine if
this will meet the requirements of the Zoning Ordinance. This
data must be provided on a final site plan.
TABULATED DATA - no tabulated data has been provided.
PRELIMINARY SITE PLAN - the site plan as submitted does not have sufficient data
to be considered a final, therefore, any recommendation by the Area
Plan Commission to the City Council must be subject to a final site plan.
AGENCY COMMENTS - Mr. Patrick McMahon, Director, Department of Public Works, has reviewed
the site plan and indicated that City sewer and water are available
to the site, that storm water must be retained on the site and
that additional information must be provided before he can determine
if sufficient parking has been provided.
STAFF'COMMENTS - the parcel of land was considered for rezoning by the Area Plan
Commission at a public hearing on May 18, 1971. At that time the
petitioner indicated that several shops and tenant oriented
services would be provided in the building along with some model
apartments and offices. The Area Plan Commission made a favorable
recommendation on the rezoning to the City Council and the City
Council then approved the rezoning. After the rezoning was
accomplished, the developer added the night club to the facility.
RALPH WILLIAMS FOR THE LEFT BANK CLUB - #522-77 (continued)
The City Zoning Ordinance does not permit this use under the
`current "C -1" Commercial Zoning, so the developer is now asking
for the zoning change to permit the night club to continue.
It should be noted that the petition and site plan have several
minor errors in the legal description. These must be corrected
by the petitioner before it is sent to the City Council.
This area has been designated as Residential- Moderate Density
on the Land Use and Transportation Plan.
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