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HomeMy WebLinkAboutZoning - East Side of 35th Street, West of 35th StreetORDINANCE No. 5824 -75 Passed by the Common Council of the City of South Bend, APRIL 7 Presented by me to the Mayor /of the City of South Bend, APRIL Approved and signed by m stz /S Ig 75 Clerk IRENE K. GAMMON Of Common Council 19--Z5 IRENE K. GAMMON Clerk H. THEODORE NOELL & ASSOCIATES ATTORNEYS-AT-LAW AMERICAN NATIONAL BANK BLOO. SODTN BEND. IND. 46601 r � � ORDINANCE NO. $ REP y -'7 5 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINA,NICF. NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 AS AMENDED. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA. Section 1. That Zoning Ordinance No. 4990 -68, Chapter 40 of the Municipal Code of the City of South Bend, Indiana, formerly known as Zoning Ordinance No. 3702, be and the same is hereby amended and supplemented by zoning the following described property "B" Residential District and "A" Height and Area District. A legal description of the property is as follows: SECTION A, LYING ON THE EAST SIDE OF 35TH STREET Lot 1, the South half of Lot 8, the South half of Lot 9, Lots 13, 14, and 15 of Plat of Fernwood, City of South Bend, Indiana. SECTION B, BEING I4EST OF 35TH STREET Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of Jerome's First Addition to the City of South Bend, Indiana; and, A parcel of property adjacent to Jerome's First Addition and described as follows: A part of the North Half (k) of the Southeast Quarter of Section Eight (8), Township Thirty - seven (37) North, Range Three (3) East, which part is bounded by a line running as follows: viz: Beginning on the North line of the right - of -way of the Grand Trunk Western Railway Company which point is 308.32 feet East of the inter- section of the East line of 32nd Street in the City of South Bend, and the North line of the said right -of -way of the Grand Trunk Western Railway Company, thence East from said point of beginning along the North line of said railroad right -of -way 145.83 feet, more or less, to the Southwest corner of Lot 18, as shown on the re- corded Plat of Jerome's First Addition to the City of South Bend, thence North 190.23 feet to the Southwest corner of Lot 7 as shown on the recorded Plat of Jerome's First Addition, thence [lest 148 feet, more or less, to the Northeast corner of a tract of land conveyed by the grantors herein to the St. Joseph County Chapter of the National Red Cross on December 11, 1967; thence South 190 feet, more or less, to the place of beginning. Section 2. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. Passed April 7, 1975, as amended. H. THEODORE NOELL & AssocIATES ATTOHNEYS•AT•LAW AMERICAN NATIONAL BANK BLDG. SOUTH BEND, IND. 46601 tn4uommon uounci -L or of South Bend, Indiana 40L� City. of South Bend Petition to Amend Zoning Ordinance nn Date filed with City Clerk 1 ��3' Appli ation No: Date received by the Area Plan Commission We,.the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as herein - after requested, and in.support of the application, the following facts are shown: 1. That this petition amends the petition heretofore filed, and requests that the property hereinafter described be rezoned to B- Residential, instead of C- Commercial. 2, The property sought to be rezoned consists of multiple parcels of property on the South side of East Jefferson Boulevard, said parcels being on the East and West side of 35th Street in South Bend, Indiana; and more commonly located in the 3500 and 3600 block of East Jefferson Boulevard. 3. The property is owned by Whitmore Corporation, 3618 East Jefferson Boulevard, South Bend, Indiana. 4. The legal description of the parcels to be rezoned are as follows: SECTION A, LYING ON THE EAST SIDE OF 35TH STREET Lot 1, the South half of Lot 8, the South half of Lot 9, Lots 13, 14, and 15 of Plat of Fernwood, City of South Bend, .Indiana. SECTION & BEING WEST OF 35TH STREET Lots 6, 71 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18 of Jerome's First Addition to the City of South Bend, Indiana; and, A parcel of property adjacent to Jerome's First Addition and described as follows: A part of the North Half (2) of the Southeast Quarter of Section Eight (8), Township Thirty -seven (37) North, Range Three (3) East, which part is bounded by a line running as follows, viz: Beginning on the North line of the right -of -way of the Grand Trunk Western Railway Company which point is 308.32 feet East of the inter- _ section of the East line of 32nd Street in the City of South Bend, and the North line of the said right -of -way of the Grand Trunk.Western Railway Company, thence East from said point of beginning along the North line of said railroad right -of -way 145.83 feet, more or less, to the Southwest corner of Lot 18, as shown on the recorded Plat of Jerome's First Addition to the City of South Bend, thence North 190.23 feet to the South - west corner of Lot 7 as shown on the recorded Plat of Jerome's First Addition, thence West 148 feet, more or less, to the Northeast corner of a tract of land conveved by the grantors herein to the St. Joseph County Chapter of the National Red Cross on December 11, 1967; thence South 190 feet, more or less, to the place of beginning. (gontudurr Erpor# 011 Ot (Qausntan (Qouard of Or 19UH of ftr# Tend: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702, AS AMENDED (3500 and 3600 blocks of East Jefferson). 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: Change the request for rezoning from "C" Commercial to "B" Residential. (Note: The amended ordinance was filed by Mr. James Groves, attorney for the Whitmore Corporation. The legal description was re- written to break up the parcels; however, there was no change in the area to be rezoned.) Odell Newburn Chairman PP ¢L IR ELL r .......... CO. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. RICHARD S. JOHNSON, EXECUTIVE DIRECTOR ROOM 1123 COUNTY -CITY BUILDING 224 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601 March 19, 1975 (219) 264 -9571 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 Whitmore Corporation to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property located on the south side of the 3500 and 3600 block of East Jefferson Boulevard, on the east and west side of 35th Street, City of South Bend Gentlemen: The attached rezoning petition of Whitmore 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 Joseph Simeri being seconded by Joseph Serge and carried unanimously, the petition of Whitmore Corporation to zone from "A" Residential, "A" Height and Area, to "B" Residential, "A" Height and Area, property locatdd on the south side of the 3500 and 3600 block of East Jefferson Boulevard, on the east and west side of 35th Street, 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 the Area Plan Commission Staff Report. Very truly you Rich ar . Johnson FILED IN CLERK'S OFFICE RSJ /cm Executive Director cc: James Groves, Attorney f�AR 1 9 7975 Whitmore Corporation Irene Gammon CffY CLERK, 90-UM BEND, 1ND, STAFF REPORT March 5, 1975 1.D. WHITMORE CORPORATION #377 -74 LOCATION - property runs from 35th Street west approximately Meet along the right -of -way of the Grand Trunk and Western Railroad. It is approximately 150 feet south of Jefferson Boulevard. EXISTING ZONING OF SURROUNDING PROPERTY - the area north of the site is zoned A Residential and "B" Residential, the area to the east and south of the area is zoned "A" Residential and the area to the west is zoned "A" Residential and "B" Residential. EXISTING LAND USE OF SURROUNDING PROPERTY - the area to the west of the site is vacant land and the office of the Red Cross, the area to the north is single family residential and a principal office of an accountant, the area to the east is being used for single family residential, a funeral home and an architects office, the area to the south is the Grand Trunk Railroad. SITE PLAN - the site plan proposes to construct a number of one -story buildings to be used for professional offices. ACCESS - the access to the site will be through two points. One will be from Jefferson Boulevard the second will be from 35th Street. No State permits will be required, however, curb cut permits will be required from the City of South Bend. DRAINAGE - no drainage plans have been submitted as yet, however, all storm water must be retained on the site as required by City ordinances. PARKING - no detailed parking plans have been shown. The zoning ordinance requires one space per 400 square feet of floor area or one space per employee whichever is greater. TABULATED DATA - no tabulated data has been submitted with the site plan. PRELIMINARY SiTE PLAN - the site plan as submitted does not have sufficient data to lie considered a final site plan, and any recommendations made by the Area Plan Commission must be subject to a final site plan. i WHITMORE CORPORATION (cont'd) AGENCY COMMENTS - Mr Rollin Farrand, Director of Public_ Works, has expressed no objection to the rezoning. He would, of course, expect to review the final site plan if the rezoning is granted. STAFF G0I11MENTS - this area has been designated as residential, low density and residential, high density on the Land Use and Transportation Plan. The requested rezoning and use of this site is not consistent with this recommendation. Although the Land Use and Transportation Plan was developed by the Area Plan Commission as a tool to guide future development, its recommendation are of a general nature and deviations from the Plan which would adversely affect a neighborhood should not be encouraged. In deciding the merits of the rezoning request, the following factors should also be taken into consideration: 1.) the site is contiguous to single family residential houses as well as office uses. 2.) there is a railroad track to the south of the site. 3.) the site is isolated because of the tracks to the south and its lack of frontage on Jefferson Boulevard. 4.) Some changes have occurred in the area since the inception of the Land Use Plan, mainly in the form of offices and related uses being situated in the immediate area.