Loading...
HomeMy WebLinkAboutRezoning Harbor Dr, Linden Ave. at Bellewood StORDINANCE No. 5829 -75 Passed by the Common Council of the City of South Bend, APRIL 2 Presented by me to the M(syor of the City of South Bend, APRIL 22 Approved and signed by !k� IRENE K. GAMMON Clerk of Common Council IRENE K. GAMMON Clerk At the May 12, 1975, regular meeting of the Common Council, a vote was taken regarding the Mayor's veto of: ORDINANCE NO. 5829 -75 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) - northeast corner of Linden and Clemens passed by the Common Council on April 21, 1975, as amended, and officially vetoed by Mayor Miller on April 28, 1975. The Mayor's veto was overridden by a roll call vote of six ayes (Councilmen Serge, Miller, Taylor, Nemeth, Newburn and Parent) and three nays (Councilmen Szymkowiak, Kopczynski and Horvath). e. � /tea- ,�V..w..✓ City Clerk CITY OF SOUTH BEND South Band, Indiana 46601 Jerry J. Miller April 28, 1975 Mayor Mrs. Irene Gammon, City Clerk 4th Floor, County -City Building 227 W. Jefferson Boulevard South Bend, Indiana 46601 Dear Mrs. Gammon: I am vetoing ordinance No. 5829 -75 because it is inconsistent with the long -range housing goals of the City of South Bend. In the Community Development Housing Assistance Plan, approved by the City Council, we indicated the most desirable location for new housing construction was in the area close to downtown where public transportation is available and other necessary services are provided. It is not in the best interests of our elderly citizens, for whom this proposed housing is designed, to locate them on the western edge of the city. Further, our experience in public housing is that problems can arise when housing units primarily for the elderly are located adjacent to housing units for families with children. Finally, an important reason for this veto is that in my judgment, the proposal needs further study. I am, therefore, asking that the Common Council seriously restudy this project in the light of the city's long -range housing goals. hr e ly, J. . Miller FILED IN CLERK'S OFFICE APR 2 -9 1975 Irene Gammon CITY CLERK, SOUTH BEND, IND. ORDINANCE NO. 5829 -75 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 Southeast 1/4 of the Southeast 1/4 of 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 00 03' 42" West, 476.00 feet; thence South 890 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 00 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 50 06' 42" East, 236.53 feet to the Northwest corner of said plat of Section "A" Harber Homes; thence North 890 53' 18" West, 264.08 feet; thence North 890 50' 56" West, 329.78 feet to the West line of said Southeast 1/4 of the Southeast 1/4 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 00 03' 42" East along said East line of Portage Gardens, 988.71 feet to the South line of said Section 5; thence South 890 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 Use and "A" Height and Area District. Section 2. This Ordinance shall be in full force and effect from and after i— is passage by the Common Council, approval by the Mayor and legal publication; subject further to the condition that Harbor Drive be continued through the project as a public street and that Harbor Drive intersect with Linden Avenue at Bellewood Street. Passed April 21, 1975, as amended Tommlttrr 19rport i10 tkr (90mmu (90uuril of 09 M41 of 604 18rnd: 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) - northeast corner of Linden Avenue and Clemens Street. Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Common Council, as amended: That the ordinance and accompanying site plan be subject to the condition that Harbor Drive be continued through the project as a public street and that Harbor Drive intersect with Linden Avenue at Bellewood Street. Odell Newburn Chairman .nee ..... °leal . .ueu..... co. COMMON COUNCIL JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District TERRY S. MILLER Third District ROGER 0. PARENT Fourth District ROBERT G. TAYLOR Fifth District WALTER T. KOPCZYNSKI Sixth District FRANK HORVATH At Large PETER J. NEMETH At Large ODELL NEWBURN At Large CITY OF SOUTH BEND South Bend, Indiana 46601 May 13, 1975 Mr. Richard S. Johnson Executive Director Area Plan Commission County -City Building South Bend, Indiana 46601 _7�sP,;? 9- -7 r AREA 219 284 -9321 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 In Re: An ordinance and site development plan of First Community Development Corporation to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the north- east corner of Fillmore Road (Linden Avenue) and Clemens Street, City of South Bend. Dear Mr. Johnson: On April 21, 1975, the Common Council held its public hearing on the above rezoning ordinance. After much consideration and discussion, the Council amended and passed the ordinance, a copy of which is enclosed (the amendment is underlined in red). The ordinance was vetoed by Mayor Miller on April 28 which necessitated another vote by the Council; and, on May 12, the Council voted to override the Mayor's veto. Legal publication of the above rezoning ordinance will take place on May 16 and May 23, 1975. Enclosure Sincerely, Barbara J. Byer Common Council Secretary AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. RICHARD S. JOHNSON, EXECUTIVE DIRECTOR ROOM 1123 COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 (219) 284 -9571 March 19, 1975 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 First Community Development Corporation to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the northeast corner of Fillmore Road (Linden Avenue) and Clemens Street, City of South Bend Gentlemen: The attached rezoning petition of First Community Development Corporation was legally advertised March 8, and March 15, 1975. The Area Plan Commission gave it a public hearing March 18, 1975, at which time the following action was taken: "Upon a motion by John Peddycord being seconded by Thomas Allen and carried with Rollin Farrand voting "No ", the petition of First Community Development Corporation to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the northeast corner of Fillmore Road (Linden Avenue) and Clemens Street, City of South Bend, is returned to the Common Council with a favorable recommendation by the Area Plan Commission with the recommendation that Harbor Drive be continued through the project as a public street, that it intersect with Linden Avenue at Bellewood Street or be off -set a minimum of 125 feet from Bellewood Street, and the northwest corner of the project have an additional access onto Clemens Street, and subject to a final site plan. The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The Honorable Common Council Page Two March 19, 1975 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 the Area Plan Commission Staff Report. RSJ /cm cc: T. Brooks Brademas Very truly yours, Richar S. Johnson, Executive Director FILED IN CLERIC'S OFFICE MAR 19 1975 Irene Gammon go gCERK. DUT @END, IND, 1. O, FIRST 0JNuv1UN_T1" DV March 6, 1975 STAFF REPORT N . X, 404 -7 LOCATION - approximately 1300 feet east of Mayflower Road State Road 123) on the north side of Linden Avenue. EXISTING ZONING OF SURROUNDING PROPERTY - the areas surrounding this site on all four sides are currently zoned "A" Residential. EXISTING LAND USE OF SURROUNDING PROPERTY - the property to the west of the site is being used for single family houses, the property to the north is vacant, the property to the east is single family houses (Harber Homes Subdivision) and the property to the south is single family houses and the Lafayette Grade School. 1. SITE PLAN - the site plan proposes to use the site for elerly hcus;nc here will be 23 one - story bu id_res with six apartments in each building, making a total of 138 units. There is also a community building of 2100 square feet shown on the drawings. ACCESS - the access to the site is from Linden Avenue and from the existing Harbor Drive East. The site plan shows no public streets to be included in the project. DRAINAGE - no drainage plans have been submitted with the site plan, however, the Harber Homes Subdivision did include a retention basin and it would appear that it is large enough to hold the storm water run -off from this development. PARKING - the site plan shows a total of 215 parking spaces, 207 for the apartment units and 8 spaces for the Community Building. The ratio of parking spaces per apartment is 1.5 and this meets the requirements of the South Bend Zoning Ordinance. TABULATED DATA - the size of the total site is 12.35 acres, more or less, with parking and drive areas using approxi- mately 19% of the site, the apartment units and community building using approximately 160 of the site and the remaining area being left in open space. There will be approximately 11 units per acre. FIRST COMMUNITY DEVELOPMENT CORPORATION (HARBER HOMES) Pr404375 cone d PRELIMINARY SITE PLAN - the site plan as submitted does not have sufficient data to be considered as a final site plan. There are several items that must be addgd to the site plan as changed, and these items are as follows: 1. Harbor Drive must be continued, as a public right -of -way, to Clemens Street to the west or to Linden Avenue on the south. This would includo right -of -way dedication and setback from that right -of -way. 2. Right -of -way for Clemens Street to the west must have an additional 30 feet dedicated for street purposes. AGENCY COMMENTS - Mr. Works, has stated to this rezoning. comment should riot plan as submitted. provide sufficient Rollin Farrand, Director of Public that his office has no objections However, he also states that this be interpreted as approval of the He feels that this plan does not details for his review. STAFF COMMENTS - this area has been designated as residential ow ensity on the Land Use and Transportation Plan. The requested rezoning and use of the site is not consistent with this recommendation. In deciding the merits of the rezoning petition, the following points should be considered: 1. This project has the potential to raise the traffic volumes for Linden Avenue. 2. The density of this project is much higher than the existing single family areas surrounding the project. 3. Harbor Drive should not be dead ended at the project boundary, and if it is continued to Linden Avenue, it must line up and intersect, with Bellewood Street or be off set by 125 feet. 4. The Public Transportation Corporation bus route does not serve this area now, however, the PTS has been contacted on the matter and has stated that the existing route could be changed to include this project. 5. The Northwest corner of the project has approximately 60 units served by only one access point. This problem should be corrected.