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HomeMy WebLinkAboutRezoning - a property located b/t Linden on the S, Johnson on the e, Werwinski and Longley on the N, and Olive on the WORDINANCE No. 9077-00 Passed by the Common Council of the City ofSoutlz Bend, Indiana January 24, Attest: Attest: ~- ~- ~ •~ 00 20 Presented by me to the Mayor of the City of South Bend, Indiana January 27, 20 00 City Clerk President of Common Council City Clerk Approved and signed by me January 28, 20 00 Mayor ORDINANCE NO. ~ ~~ - Indiana: AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED BETWEEN LINDEN AVENUE ON THE SOUTH, JOHNSON STREET ON THE EAST, WERWINSKI STREET AND LONGLEYAVENUE ON THE NORTH, AND OLIVE STREET ON THE WEST BE IT ORDAINED by the Common Council of the City of South Bend, Section I. 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: Part of the west half ('/2) of the southeast quarter ('/4) of Section Three (3), Township Thirty-Seven (37) North, Range Two (2) East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the southeast corner of the intersection of Olive Street and Longley Avenue; thence east along the south right-of way of Longley Avenue for a distance of approximately 670 feet to the east right-of--way of Huey Avenue; thence north along the east right-of--way of Huey for a distance of approximately 180 feet to the south right of way of Werwinski Street; thence east along the south right-of--way of Werwinski Street for a distance of approximately 580 feet to the west right-of--way of Johnson Street; thence south along the west right of way of Johnson Street for a distance of approximately 1600 feet to the north right-of--way of Linden Avenue; thence west along the north right-of--way of Linden Avenue for a distance of approximately 1250 feet to the east right-of way of Olive Street; thence north along the east right-of--way of Olive Street for a distance of approximately 1420 feet to the point of beginning; excepting the following property: Lots 19-24 of Werwinski's 2"d Subdivision, Lots 22-25, 48 & 49 of Hollowell & Smith's Subdivision, Lots 17, 21-23 of Janowski's Subdivision of Lot Nine of Kunstman & Meyer's Addition, and all public right-of--ways. be and the same is hereby established as "A" Residential, "A" Height & 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. 1st READING ~~_ZZ-~~ PUBLIC HEARING /-'Z-~-~~ 3rd READING ~~z.`l'~ NOT APPROVED REFERRED PASSED ~- L~~-4a Fiteol In Clerlt's ®f~ice N Q V 1 6 1999 LOAu+TT6~ J. DlJEaA CITY CLGR:t, 90. Far@!D, i°~. \?.~ ` n ~~ ~( Member of the Common Co it COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 104-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED BETWEEN LINDEN AVENUE ON THE SOUTH, JOHNSON STREET ON THE EAST, WERWINSKI STREET AND LONGLEY AVENUE ON THE NORTH, AND OLIVE STREET ON THE WEST 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. Andrew Udj ak Chairman Date Filed Date Received by the Area Plan Commission Application No. 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: Generally between Linden Avenue on the south, Johnson Street on the east, Werwinski Street and Longley Avenue on the north, and Olive Street on the west. 2) Name and address of property owners of the petition site: See attached list 3) Name and address of contingent purchasers, if applicable: N/A 4) It is desired and requested that this property be rezoned From "B" Residential, "A" Height & Area; and "C" Commercial, "A" and "D" Height & Area. To "A" Residential, "A" Height & Area 5) This rezoning is requested to allow the following uses: Permitted uses in the "A" Residential district 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Petition prepared by: Area Plan Commission 1140 County-City Building South Bend, IN 46601 219-235-9571 Initiated by the Common Council Sean Coleman, President r;i~a t~ ~~~~i~~v ~~~~~~ P~OV 1 ~ 1999 LOR~TiF~J. QU06, CITY CLER9:, 30. Ql;liil, I`S~ Legal Description: Part of the west half (%2) of the southeast quarter ('/4) of Section Three (3), Township Thirty-Seven (37) North, Range Two (2) East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the southeast corner of the intersection of Olive Street and Longley Avenue; thence east along the south right-of way of Longley Avenue for a distance of approximately 670 feet to the east right-of--way of Huey Avenue; thence north along the east right-of--way of Huey for a distance of approximately 180 feet to the south right of way of Werwinski Street; thence east along the south right-of--way of Werwinski Street for a distance of approximately 580 feet to the west right-of--way of Johnson Street; thence south along the west right of way of Johnson Street for a distance of approximately 1600 feet to the north right-of--way of Linden Avenue; thence west along the north right-of--way of Linden Avenue for a distance of approximately 1250 feet to the east right-of way of Olive Street; thence north along the east right-of--way of Olive Street for a distance of approximately 1420 feet to the point of beginning; excepting the following property: Lots 19-24 of Werwinski's 2"d Subdivision, Lots 22-25, 48 & 49 of Hollowell & Smith's Subdivision, Lots 17, 21-23 of Janowski's Subdivision of Lot Nine of Kunstman & Meyer's Addition, and all public right-of--ways. ~l6~~ X61 ~~L'3°~t'~ ~~YI~~ Pd 0 U ~ 1~ 199 LO;iE7'f6, J. Cl1CA C('!Y CLER9., ::~. ElEPd~, 0"t. NWSPC RESIDENTIAL REZONING PROGRAM LEGEND f3-~. AREA REZONED I ~ ~ ~_1,,.llLJ ~ ~1pl~LJ ~~ PROPOSED sT. REZONING Q a ~ ~~ u C_~ ~_ ~-! ~-f ~ ~J L Ll_LJ C~ I I I ~' K EN wood ~ ,~ 1 .~,~ Iu}p ~/,. AVE. LL uea ~~~w (LINDEN soo~r ~ A~ R.+S¢ A,B r~ ~ n' RESIDENTIAL - ~~ N ~ ~ ~ '` u ~ _- ~~ i w ( u C "~ ,~ _ ~ LAWTON ~ ST. COMMERCIAL `~ w ~- "` "' R~/C 7 D,E ~,qo oRAN~E ,~~,.,, = sr. INDUSTRIAL ~~~Yq~~_ [~~'~ 9AF p~~ ~.+~w -~ . E.r~ ~- u c..r E.rT_r_--r~~-, \ . LONGLCY q~~ ~~ ~; , Ro~ER -a eEernnno ~~ _ H:ENwoeD N jn oRAN~E ~- w R O o' LONGLEY FASSNACHT c FLORENCE v s P't /" - n a - - I '~~= _ - O O t'~n t x [1~-6 • ~ 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 22, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Common Council of the City of South Bend to zone from "B" Residential, "A" Height and Area; and "C" Commercial, "A" and "D" Height and Area to "A" Residential, "A" Height and Area, propertyy located~generally between Linden Avenue on the south, Johnson Street on the east, Werwmski Street and Longleyy Avenue on the north, and Olive Street on the west, City of South Bend - APC #1965-99 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on December 9, 1999. The Area Plan Commission at its public hearing on December 21, 1999, took the following action: Upon a motion by Lew Powell, being seconded by Rod Sniadecki and unanimously carried, the proposed~ordinance initiated by the Common Council~of the City of South Bend to zone from B Residential, A Height and Area; and C Commercial, A and "D" Height and Area to "A" Residential, "A' Height and Area, property located generally between Linden Avenue on the south, Johnson Street on the east, Werwmski Street and Longley Avenue on the north, and Olive Street on the west, City of South Bend is sent to the Common Council with a favorable recommendation. The majority of the properties within the petition area are single family homes that are currently zoned "B" Residential or C Commercial. The proposed rezoning would bring this neighborhood's zoning in line with the current uses while helping to protect the viabihty of the single family residential area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the 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's Staff Report. Si er ly G~ obert ante RWS:sr Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT December 13, 1999 Initiated by the Common Council of the City of South Bend 1965-99 Location: generally between Linden Avenue on the south, Johnson Street on the east, Werwinski Street and Longley Avenue on the north, and Olive Street on the west City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to rezone from "B" Residential, "A" Height and Area; and "C" Commercial, "A" and "D" Height and Area to "A" Residential, "A" Height and Area to allow uses permitted in the "A" Residential District. 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 majority of the properties within the petition area are single family homes that are currently zoned "B" Residential or "C" Commercial. The proposed rezoning would bring this neighborhood's zoning in line with the current uses while helping to protect the viability of the single family residential area. l NEAR WESTSIDE NPC EXISTING ZONING AREA LEGEND PROPOSED REZONING -~ W J W ~--- - -- LONGLEY AVE. _ - - - W C - - m 1 I I IONGLEY III ROGER ST. - III IIII III IIII N FASSHACHT G-8 I I BERTRAND ST. ~~ III I ®~ I KENW000 AVE. I I IIII I IIII _ FLORENCE - - 1 { - a W Z ~ > SMITH ST. > O ~ ~ W (/~ W Z //~~ ~~ O O Z W ~ O lrQ S = Y I o 0 ~ V I I~ K O m LIN A,B ~. RESIDENTIAL NEAR WESTSIDE NPC PROPOSED ZONING AREA C COMMERCIAL D INDUSTRIAL --J~ -- ~.__ _ -- _- W - - - - -- m - _ I I I LONGIEY III III ROGER ST. - III 1111 III 1111 N FASSHACHT C-a I f BERTRAND S7. ~® III III ®~ ~ KENW OOD AVE. I Iffl 1 IIII FLORENCE P ~ I W 11 -- -- c 2 ~ 1 > SMI ST. ? -~ - z~J W /~ ,. W O n 2 = Y I O O I ~ I I ~ m LIN