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HomeMy WebLinkAboutZoning Ordinance - Near NW NeighborhoodORDINANCE No. 6070-76 Passed by the Common Council of the City of South Bend, November 8 rq 76 /�S-- IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana November 9 _19_L6__ Clerk of Common Council IRENE K. GAMMON Approved and signed by mP ^— • - - 16.1 zgZ MI'm Clerk ORDINANCE NO. (,C')Q - -)G 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 parcel of land in the East 1/2 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 1 thru 8 of C. E. Smith's Subdivision located on the North side of Portage Avenue at the intersection of Van Buren Street and Portage Avenue. Lots 1 thru 8, 20 thru 32 and 42 thru 59 of the 2nd Plat of Shetterley Place located on the North side of Portage Avenue, the West side of Leland Avenue and the North and South side of Rex Street. Lots 1 thru 14, 83 thru 112, 119 thru 128 and the vacated alley between lots 104 and 105 in the 3rd Plat of Shetterley Place bounded by Golden Avenue on the Northwest, Portage Avenue on the Southwest, Leland Avenue on the East and Riverside Drive on the Northeast. Lots 3 thru 23, 28 thru 42, 47 thru 129, 136 thru 178, the North 40 feet of Lot 1 and the North 40 feet of Lot 2 in the Plat of Cushing and Lindsey Addition bounded by Lincoln Way West on the South, Cushing Street on the East, Portage Avenue on the Northeast, California Avenue on the North and Sherman Avenue on the West. Lots 1 thru 16, 19 thru 22, 24 thru 28 and the North 1/2 of the vacated Old Kankakee Race located on the South property line of Lot 22 in Jas. Kent's Subdivision of B.O.L. 114 and Part of 113 located between Cushing Street on the West, Leland Avenue on the East and North of Lincoln Way West. Lots 1 thru 28 in Wm. Miller's Subdivison of B.O.L. 113 bounded by Cushing Street on the West, Lindsey Street on the North and Leland Avenue on the East. Lots 1 thru 34 in St. Joseph County Agriculture Society Addition bounded by Cushing Street on the West, Lindsey Street on the South and Portage Avenue on the North. Lots 4 thru 24 in Studebaker Bros. Subdivision located on the North and South side of Van Buren Street at Portage Avenue. Lots 8 thru 15 and 19 thru 31 in Burrough's Subdivision of Outlot 115 bounded by Leland Avenue on the West, Lindsey Street on the North, Portage Avenue on the East and on the North and South side of Navarre Street. Lots 32 thru 42, 55 thru 66, the East 1/2 of a vacated alley located on the West line of Lot 66 and a vacated alley between Lots 56 and 57 in Henrick and Grant Addition located on the North and South side of Marion Street bounded by Leland Avenue on the West and William Street on the East. Lots 5 thru 8, 10 thru 16 and the West 1/2 of a vacated alley located on the East line of Lots 12 and 16 in Smith and Jackson Subdivision located on the East side of Scott Street North of Lincoln Way West. Lots 10 and 11, the East 1/2 of a vacated alley located on the West line of Lot 11 and the West 1/2 of a vacated alley located on the East line of Lot 10 in Part of Kent and Garrison Subdivision located approximately 66 feet West of Leland Avenue on the North side of Marion Street. Lot 16 and the South 1/2 of the vacated Old Kankakee Race located on the North line of Lot 16 in Kent and Garrison Subdivision located approximately 125 feet North of Lincoln Way West on the West side of Scott Street. Excepting therefrom the following described parcels: The North 55 feet of Lots 55 and 56 and the East 1/2 of a vacated alley on the West line of Lot 56 in Henrick and Grant Addition located on the Northwest corner of Marion Street and William Street. A parcel of land in the North 1/2 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 1 thru 9, 37 thru 45, 71 thru 80 and 106 thru 114 in Portage Park bounded by Golden Avenue on the South, Portage Avenue on the West and Angela Avenue on the North. Lots 397, 398 and 406 thru 411 in Vassar Park located on the South side of Portage Avenue bounded by Blaine Avenue on the West and Allen Street on the East. Lots 151 and 152 in Muessel 3rd Addition located on the Southwest corner of Portage Avenue and Allen Street. Lots 39 thru 45 in Muessel lst Addition located on the South side of Portage Avenue bounded by Allen Street on the West and Sherman Avenue on the East. Lots 4 thru 14 in Bulla and Patton's Addition located on the South side of Portage Avenue and South of Vassar Avenue. A parcel of land in the West 1/2 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: - 2 - Lots 3 thru 50 in A. G. Cushing's lst Addition located North of Lincoln Way West on the East and West side of Sherman Avenue. Lots 1 thru 12 and 15 thru 38 in A. G. Cushing's 2nd Addition located North of Lindsey Avenue on the East and West side of Allen Street. Lots 39 thru 71 in A. G. Cushing's 3rd Addition located North of Lindsey Avenue on the East and West side of Blaine Avenue. Lots 72 thru 99 in A. G. Cushing's 4th Addition located North of Lincoln Way West on the East and West side of Cleveland Avenue. Lots 100 thru 105 and 111 thru 121 in A. G. Cushing's 5th Addition located North of Lincoln Way West on the East and West side of Diamond Avenue. Lots 122 thru 124 and 135 thru 145 in A. G. Cushing's 6th Addition located North of Lincoln Way West on the East side of Sancome Avenue and South of Van Buren Street on the East and West side of Lawndale Avenue. Lots 1 thru 4 in McHenry Subdivision located on the South- east corner of Van Buren Street and Allen Street. Lots 1 thru 8 in Ward's Subdivision in Cushing's 5th Addition located on the East side of Diamond Avenue North of Van Buren Street. Lots 1 thru 8 in Mendenhall and Ward's 1st Addition located on the East side of Lawndale Avenue North of Van Buren Street. Lots 9 thru 16 in Mendenhall and Ward's 2nd Addition located on the West side of Lawndale Avenue North of Van Buren Street. Lots 3 and 4, 9 thru 27, 30 and 33 thru 38 in A. H. Cushing Addition located on the North side of Portage Avenue be- tween Sancome Avenue on the West and Allen Street on the East. Lots 1 thru 17 in J. L. Taylor's Addition located on the Southwest corner of Sancome Avenue and Van Buren Street and on the Northeast corner of Van Buren Street and the Chicago- Indiana and Southern Railroad. The North 97 feet of Lot 12 in Smith's Partition Plat located on the West side of Sancome Avenue approximately 182 feet North of Lincoln Way West. Lots 1 thru 9 and 13 thru 20 in South Bend Apt. Building Corp. 1st Addition located on the East and West side of Sancome Avenue between California Avenue on the North and Van Buren Street on the South. Lots 201 thru 209, Lot B, 235 thru 254 and 285 thru 294 in Vassar Park located on the East and West side of Lawndale Avenue and on the East and West side of Diamond Avenue South of California Avenue. Lots 106 thru 137 in Muessel 2nd Addition located on the East and West side of Cleveland Avenue and the East and West side of Blaine Avenue South of California Avenue. - 3 - Lots 12 thru 25 and 60 thru 73 in Muessel 1st Addition located on the East and West side of Allen Street and on the East and West side of Sherman Avenue South of California Avenue. A parcel of land in the West 1/2 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 1 thru 67, A thru H, K and L in Hammond and Whitcomb Addition bound by Bartlett Street on the North, St. Joseph Street on the West, Marion Street on the South and Riverside Drive on the East. be and the same is hereby established as "A" Residential with no change in the existing height and area. Section 2. A parcel of land in the West 1/2 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 20 thru 25, the vacated alley on the East property line of said Lots 20 thru 25 and the vacated alley on the North property line of said Lot 25 in J. G. Bartlett's First Addition located on the East side of Main Street and North of Navarre Street. Lots 154, 155 and 156 in the Original Plat of South Bend located on the Southeast corner of Navarre Street and Main Street. be and the same is hereby established as "C" Commercial with no change in the existing height and area. Section 3. A parcel of land in the West 1/2 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lots 187 thru 192, 199 thru 204 and the vacated alley between Lots 201 and 202 in the Original Plat of South Bend located on the West side of Main Street bounded by Madison Street on the South and Navarre Street on the North. be and the same is hereby established as "B" Residential with no change in the existing height and area. Section 4. A parcel of land in the West 1/2 of Section 1, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: Lot 16 in J. G. Bartlett's First Addition located on the Northwest corner of Michigan Street and Bartlett Street and Lots 26, 27, 28 and the vacated alley on the East property line of said Lots 26, 27, and 28 in J. G. Bartlett's First Addition located on the Southeast corner of Main Street and Bartlett Street. Lots 35, 36, 37, 39 and the East 165 feet of B.O.L. 124 in J. G. Bartlett's 2nd Addition located on the West side of - 4 - Michigan Street and South of Park Lane. be and the same is hereby established as "C" Commercial with no change in the existing height and area. Section 5. 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. lsi READING C? PUBLIC HEARING j 1 -�- 2nd READING (� NOT APPROVED ,q REFERRED CLZZ�,�. S PASSED / / -Cr - ,,�, b 9-/ 3. 7 S. - 5 - FILED IN CLERK'S OFFICE ."1=I, �':�1i6 s Irene Gammon BRy CLERK, SOUTH BEND, IUD, n PETITION TO AMEND ZONING ORDINANCE (FOR OFFICIAL USE ONLY Application No. Date Filed with City Clerk Date Received by the Area Plan Commission NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR PRINTED IN INK. READ THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF FORM. I (We), the undersigned, do hereby respectfully make application and petition the SOUTH BEND COMMON COUNCIL to amend the Zoning Ordinance of THE CITY OF SOUTH BEND as hereinafter requested, and in support o t is app icaton, t e following facts are shown: 1. The property sought to be rezoned is located at See Attached 2. The property is owned by See Attached 3. A legal description of the property is as follows: See Attached (CONTINUE ON THE REVERSE SIDE, IF NECESSARY) 4. It is desired and requested that the foregoing property be rezoned FROM: Section 1 (as set forth in the attached legal description) "A =.1" Residential "B" Residential "C" Commercial "D" Light Industrial Section 2 FROM: "B" Residential Section 3 FROM: "C" Commercial Section 4 FROM: "C -1" Commercial TO: "A" Residential TO: "C" Commercial TO: "B" Residential TO: "C" Commercial No change in the existing height and area district classification is sought. 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) N/A 6. Number of off - street parking spaces to be provided. N/A 7. Attached is a copy of (a) an existing plot plan showing property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan. _ 4 7i .. it 9� ddress A �G Petition Prepared By FILED IN CLERK'S OFFICE S,_ r (gib Irene Gammon CITY CLERK, SOUTH BEND, IND. 9 AREqPLAN CO MMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building South Bend, Indiana 46601 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 719 RICHARD S. JOHNSON Executive Director (219) 284 -9571 October 20, 1976 In Re: A proposed ordinance initiated by Joseph Serge, a City Councilman, to zone FROM "A -11' Residential, "B" Residential, "C" Commercial, and rrDrr Light Industrial TO "A" Residential; FROM "B" Residential, TO "Crr Commercial; FROM "Crr Commercial, TO "B" Residential; and FROM "C -1" Commercial to rrCrr Commercial, with the height and areas to remain the same; property bounded on the east and north by the St. Joseph River, on the west by the Chicago- Indiana and Southern Railroad to Vassar Avenue and west on Vassar Avenue to Wilber Street and south on Wilber Street to Lincoln Way West, on the south by Lincoln Way West, and Madison Street to the St. Joseph River, City of South Bend; EXCEPTING THEREFROM, property commonly known as the Park Avenue Neighborhood, bounded on the north by the St. Joseph River, on the west by Leland Avenue, Portage Avenue and Williams Street, on the south by Madison Street, on the east by the alley between Main Street and Lafayette Boulevard to Bartlett Street and west to Lafayette Boulevard and north on Lafayette Boulevard to the St. Joseph River, City of South Bend Gentlemen: The attached rezoning petition initiated by Joseph Serge was legally advertised October 9, 1976. The Area Plan Commission gave it a public hearing October 19, 1976, at which time the following action was taken: Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN "Upon a motion by Joseph Serge, being seconded by Richard Larrison and unanimously carried, the petition initiated by Joseph Serge, a City Councilman, to zone from "A -l" Residential, "B" Residential, "Crr Commercial, and rrDrr Light Industrial, to "A" Residential; from "B" Residential, to CIERrS OFFICE"C" Commercial; from "C" Commercial to "B" Residential; and "C FILED IN from -1" Commercial to "C" Commercial, with the height and areas to remain the same; property bounded on the east and north by the St. Joseph River, on the west by the Chicago- C,.-,-,,).o 1976 Indiana and Southern Railroad to Vassar Avenue and west on Vassar Avenue to Wilber Street and south on Wilber Street to Irene Gammon Lincoln Way West, on the south by Lincoln Way West, and Madison SOUTH BEND, IND. Street to the St. Joseph River, City of South Bend; excepting CITY CLERK, therefrom, property commonly known as the Park Avenue Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN The Honorable Common Council Page Two October 20, 1976 RE: Near Northwest Neighborhood Neighborhood, bounded on the north by the St. Joseph River, on the west by Leland Avenue, Portage Avenue and Williams Street, on the south by Madison Street, on the east by the alley between Main Street and Lafayette Boulevard to Bartlett Street and west to Lafayette Boulevard and north on Lafayette Boulevard to the St. Joseph River, City of South Bend, is returned to the Common Council with a favorable recommendation, by the Area Plan Commission" The deliberations of the Area Plan Commission and matters considered in arriving at the above decision are shown in excerpts of the minutes 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. Very truly yours, Richard S. Johnson, Executive Director RSJ /cm attach. October 4, 1976 NEAR NORTHWEST NEIGHBORHOOD Staff Report The South Bend Homeowners of the Near Northwest, working through 1st District Councilman Joe Serge and Council:President Roger Parent, is initiating the proposed rezoning as one means of preserving and improving their neighborhood. Both the existing and proposed zoning is shown in detail on the attached maps. Essentially, the petition rezones the area from "B" Residential, which permits single, two, and multi- family residential use,along with non - residential uses including professional offices, clinics, and institutions, to "A" Residential, which is restricted primarily to single family residential use. The rezoning does not propose significant changes in the existing "C" Commercial and "D" Light Industrial zoning district classifications. Staff Recommendation FILED IN CLERK'S OFFICE o ,T 2 p 1976 Irene Gammon CITY CLERK, SOUTH REND, IND. (dammittu Irport (1u fkt Tau man (Qounrd of t4c Tug of £md# lkna: Your Committee OF THE WHOLE to whom was referred 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). (NEAR NORTHWEST NEIGHBORHOOD). Respectfully report that they have examined the matter and that in their opinion THIS ORDINANCE BE RECOMMENDED TO THE COUNCIL FAVORABLY. FRANK HORVATH Chairman RRC[ RRER[ .......... EO.