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HomeMy WebLinkAboutRezoning - located N/S sides of 700 Block of Penn, area bounded by Marietta to e, Wenger to N, Rush to W Penn to S (2)ORDINANCE No. 9187-01 Passed by the Common Council of the Ciry of Soutlr Bend, Indiana January 8, Attest: Attest: .~. ~~ 01 20 Presented by me to tlae Mayor of the City of South Bend, Indiana Januar}~9,, 20 _01_ City Clerk President of Common Council Ciry Clerk Approved and signed by me January 9, 20 01 Mayor ORDINANCE NO . ~ 1 b I -' O \ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT, 3553 Ardmore Trail 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, of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots 58 to 77 inclusive, Lot 167 to 175 inclusive, Part of Lots 57, 166 and 176 as shown on the recorded Plat of Westchester Second Unit, an addition to the City of South Bend, Indiana, recorded in Plat Book 13, Pages 68 and 69 in the office of the Recorder of St. Joseph County, Indiana. Also vacated Illinois Street, Wellington Street and Kenmore Street as shown on said Plat, lying between Prast Boulevard and Ardmore Trail, more particularly described as follows: Commencing at the intersection of the North line of Prast Boulevard and the West line of Bendix Drive; thence north 89° 19' 44" West along said North line of Prast Boulevard, 1106.75 feet to the Point of Beginning of this description; thence continuing North 89° 19' 44"West along said North line of Prast Boulevard, 842.60 feet to the point of curvature of a curve to the right having a central angle of 60° 59' 13" a radius of 240.70 feet and being subtended by a long chord having a bearing of North 58° 50' 12" West and a length of 244.28 feet; thence along the arc of said curve 256.21 feet to the Southerly line of Ardmore Trail, thence North 64° 03" 32" East along said. Southerly line of Ardmore Trail, 564.09 feet; thence North 67° 04' 58" East along said Southerly line of Ardmore Trail 108.60 feet; thence North 68° 35' 39" East, along said Southerly line of Ardmore Trail, 296.79 feet; thence North 63° 56' 30" East, along said Southerly line of Ardmore Trail, 185.85 feet; thence South 00° 05' 39" East, 615.29 feet to the Point of Beginning. This tract of land contains 9.464 acres, more or less and is subject to certain drainage easements as described on Sheet 2 of this survey. be and the same is hereby established as "A" Residential, "F" Height and Area 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. Member of the Commo Council 1 st READING ~ `~~ ~~ QS Sc~bS~-~-~~s~ PUBLIC HEARING l-~' ` 1 3 rd READING ~ -g -0\ 0.S S uI~DS~`~~T"'~~ NOT APPROVED „\`~lQ~ REFERRED G1-'~' t ` PASSED ~ - D' -0~ ~ S S ct`os'~-t `~~~.h~~~~ 9 C 6~ t;. 8os ~ V ~ VS" i 6/ ~'c ~ 4r ~:~/ a 0 s~ ~.R'w+' oar, o ~ zooo LO,:~i T~ v. DiID~ CITY CL$kit',, ~rJ. ~is3~, i?~L COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 121-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3553 ARDMORE TRAIL 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. Andrew Udj ak Chairman r ~4 Date Filed Application No. Date received by the 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: 3553 Ardmore Trail, South Bend, IN 46628 2) Name and address of property owner(s)of the petition site: Jaylin L.P. P.O. Box 5028 Mishawaka, IN 4656-5028 3). Name and address of contingent purchaser(s),if applicable: River of Life Family Church 608 St. Joseph Street South Bend, IN 46601 4) It is desired and requested that this property be rezoned from C & C-2 Commercial, "D" Height and Area to A Residential, "F" Height and Area 5). This rezoning is requested to allow the following uses(s): Church Use and other accessory uses such as Fellowship Center, Multi-use space, Classrooms and Offices. 6) Attached is a copy of a (b) a list of names and the tax key numbers for the petition property; for all property owners property. i=iled in Ciertc's C~ffiee P'Ot~ 0 r3 2000 ,, I.Ofi~TTAJ, di1D°~ G1iV CLER"t, ~J. Q~6d19~ S~v legal description of the property; addresses of all property owners and all properties within 300 feet of end (c) addressed, stamped envelopes within 300 feet of the petitioned sign ure of~rop ty n s ' e o opert ~.~ ~~ ' % ~ ~;`'' signat~r~e~-af._~ontingent purchaser PETITION PREPARED BY: Gregory A. Kil, NCARB, AIA 1126 Lincolnway East South Bend, IN 46601 (219) 288-2654 CONTACT PERSON: Gregory A. Kil, NCARB, AIA 1126 Lincolnway East South Bend, IN 46601 Filed in CIer1~'s ®~f~c~ ~+q~` 0 ~ 2Q~~ LOi'~YTA J. ~1J C1i'Y C~~a~, tom. I3~13'a~ if 9<. (219) 288-2654 Area Plan Commission of St. Joseph County . - 1140 County-City Building . ~ . - 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 December 20, 2000 The Honorable Common Council City of South Bend County City Bldg. - 4th Floor SouthBend, IN 46601 RE~~ A proposed ordinance of Jaylin, L.P."to"zone from "C" Commercial and "C-2" Commercial, D He><~ht and Area to A Residential, F Height and Area, property located at 3553 Ardmore Trail, City of South Bend - APC #2035-00 Dear Council Members: The above referenced ordinance of Jaylin, L.P. was legallyy advertised December 7, 2000. The Area Plan Commission at its public hearing on December 19, 2000, took the following action: Upon a motion by Willie Morgan, being seconded by Charlotte Sobel and unanimously carried, the proposed ordinance of Jaylin, L.P. to zone from "C" Commercial and "C-2" Commercial, "D" Height and Area to "A" Residential, "F" Hei ht and Area, property located at 3553 Ardmore Trail, City of South Bend is sent to the Common ~ouncil with a favorable recommendation. The proposed zoning to "A" Residential, "F" Height and Area represents a downzonin~ and will be more compatible with the residential housing area to the north than the commercial uses that could be developed under the existing zoning. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the 's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public heanng, 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. Sincerely, /`ANN C~~J~I?~'GL8 obert W. Sante RWS:sr Attachment CC: Jaylin, L.P. CC: River of Life Fmily Church CC: Gregory A. Kil, yCARB, AIA Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana • ti - Javlin, L.P. 2035-00 Location: 3553 Ardmore Trail STAFF REPORT December 11, 2000 REQUESTED ACTION: The petitioner is requesting a zone change from "C" and "C-2" Commercial, "D" Height and Area to "A" Residential, "F" Height and Area to allow a church and accessory uses. EXISTING LAND USE: The property is currently vacant land. SURROUNDING LAND USE AND ZONING: Located to the north and west across Ardmore Trail are multi-family dwelling units zoned "B" Residential, "A" height and area and single-family homes zoned "A" Residential, "A" .height and area; to the east are commercial businesses and a library zoned "C-2" Commercial, "D" height and area; to the south across Prast Boulevard is a parking lot and vacant land zoned "E" Heavy Industrial, "C" height and area. ACCESS: Access to the site is from both Ardmore Trial and Prast Boulevard. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 9 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells or flood hazards are present. There is a wetland located on the property. A confirmed contamination site is located to the south of the site. SITE PLAN: A site plan is not required for rezonings to "A" Residential. AGENCY COMMENTS• PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. The proposed zoning to "A" Residential, "A" height and area represents a downzoning and will be more compatible with the residential housing area to the north than the commercial uses that could be developed under the existing zoning. G°p~a R rnMl o ~ o ° a pp „~ n. ~~°~ ~J ~ ~ ~ I ~ w „~ w,. C~e~ ~ ~°d w ~ WRTS ~ u~ ~e~ 55~~ s ~,. aL a ~ °C°ll 0 0 0 ~- - - cae~ sr. a ~ I _ J ~~ $ ~! ~ ~ 1`l J.. ~ ~'~ PETITION AREd ~ b ~R ~ ~ ~ ® ~ ® ~ n .,.~ ~ 00 .IDUS,1YAl C~~~ LONGIE'( AVE I REZ^NING FR^M: 'C' C^MMERCIAL, 'D' HEIGHT & AREA, T^: 'A' REDIDENTIAL, 'F' HEIGHT & AREA S^UTH BEND EXISTING Z^NING ~\VI 'C' C^MMERCIAL ~~ PETITI^N AREA® 'C-1' C^MMERCIAL ~ 'A' RESIDENTIAL D 'B' RESIDENTIAL O APC # 2035-00 'C-2' C^MMERCIAL O o soo ~ooo 'D' LIGHT INDUSTRIAL O 'E' HEAVY INDUSTRIAL D craprac~te