The URL can be used to link to this page

Home My WebLink AboutRezoning - Property located at the Northeast Corner of Northside Blvd and St. Louis Ave formerly 833 Northside BlvdORDINANCE No. so~ass Passed by the Common Council of the City of South Bend, Indiana July 12, 19 99 Attest: Attest: Ciry Clerk President of Common Council Presented by me to the Mayor ojthe City of South Bend, Indiana July 13, 19 99 Approved and signed by me July 14, 19 99 ~r~ s ,~ e City Clerk Mayor ORDINANCE NO. ~Q_ - AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTHSIDE BOULEVARD AND ST. LOUIS AVENUE FORMERLY 833 NORTHSIDE BOULEVARD 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, 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 being a part of the Southeast Quarter of Section 12, Township 37 North, Range 2 East, City of South Bend, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the intersection of the West right-of--way line of Notre Dame Avenue and the North right-of--way line of Northside Boulevard; thence North 62°56' 10" West along said North right-of--way line, a distance of 178.82 feet to the place of beginning for this description; thence North 62°S6' 10" West, along said North right-of--way line, a distance of 57.13 feet; thence North 62°56' 11" West, along said North right-of--way line, a distance of 151.00 feet; thence North 73°11' 10" West, along said North right-of--way line, a distance of 428.51 feet; thence North 00°30'09" East, along the East right-of-way line of St. Louis Boulevard, a distance of 49.20 feet; thence North 79°45'34" East, a distance of 167.63 feet; thence North 85°38'02" East, a distance of 212.60 feet; thence North 89°51'00" East, a distance of 168.10 feet; thence North 89°51'00' East, a distance of 50.26 feet; thence South 00°02' 18" West, a distance of 314.40 feet to the place of beginning containing 2.458 acres more or less. Subject to the legal rights of public highways, if any, and subject to any easements, covenants or restrictions of record. be and the same is hereby established as B - Residential, C Height and Area District. 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. r Member of the Common Council 1 st RT:ADING 5 -l (7 -99 PUBLIC HEARING 1-1~--99 3rd READING ~_~Z-hq NOT APPROVED REFERRED PASSED `1- 17.-~t9 filed in ~'~~ic's office M~-.~' 0 ~ 199 LORETTA J. WDA CITY CLHAK, ~0. FiEh'D, IM. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 37-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NORTHSIDE BOULEVARD AND ST. LOUIS AVENUE FORMERLY 833 NORTHSIDE BOULEVARD 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. Charlotte Pfeifer 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: The northeast corner of North Side Boulevard and St. Louis Avenue. 2) Name and address of property owner of the petition site: Indiana Land Trust 5152 918 East Jefferson Boulevard South Bend, Indiana 46617 Phone (2l9) 233-2104 3) Name and address of contingent purchaser, if applicable: none 4) It is desired and requested that this property be rezoned from D -Light Industrial and E -Heavy Industrial, E -Height & Area to B - Residential, C -Height & Area 5) This rezoning is requested to allow the following use: To construct an apartment complex with carports and garages 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; (c) six site plans; and (d) addressed, stamped envelopes for all property owners within 300 of the petition property. 7} By signing this petition, I and any contingent purchaser understand that if the Council Approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. ./ In Tana Land Trust 5152 918 East Jefferson Boulevard South Bend, Indiana 46617 PETITION PREPARED BY: Lang, Feeney & Associates, Inc. Attn. J. Bernard Feeney 715 South Michigan Street South Bend, Indiana 46601 Phone (219) 233-1841 Amended June 8, 1999 - added D -Light Industrial Fited In Ctertc's ~ffi~~ ~(1 4 1999 L~~=TrAJ. dUD~! ClTX ~L~F2Y., ~O. EIEadD, lil. _ . 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 June 16, 1999 The Honorable Common Council City of South Bend County-Ctt Bldg. - 4th Floor South Bendy IN 46601 RE: A proposed ordinance and site development pplan of Indiana Land Trust 5152 to zone from "E" Heavy Industrial and "D" Light Industrial, "E" Height and Area to "B" Residential, "C" Height and Area, property located on the northeast corner of Northside Boulevard and St. Louis Avenue, Crty of South Bend - APC #1929-99 Dear Council Members: The above referenced ordinance and site development plan of Indiana Land Trust 5152 was legally advertised June 3, 1999. The Area Plan Commission at its public hearing on June 15, 1999, took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimous)y carried, the proposed ordinance and site development plan of Indiana Land Trust 5152 to zone from "E" Heavy Industrial and "D" Light Industrial, "E" Height and Area to "B" Residential, "C" Height and Area, property located on the northeast corner of Northside Boulevard and St. Louis Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, sub'ect to a final site development plan showing the buildings limited to no more than three stories in eight. This is the only site along the river still zoned for heavy industrial uses in South Bend. It is the Commission's opinion that this site would be more compatible with the surrounding uses and the park if used for apartments. Because surrounding height and area districts limit building height to three stories, it is the Commission's opinion that this site should meet these standards. 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. Sin rely, Robert W. Sante RWS:sr Attachment CC: Indiana Land Trust 5152 CC: Lang, Feeney & Associates, Inc. s . ~=il~~ ~~ ~s"~:.t's ~5~~~ ~'!~ X11 ~ 1999 L'~ ~ cTfH J. c~JeA CI7 f CLERi:, k'J. r3~1a'iD, ICJ. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT June 7, 1999 Indiana Land Trust 5152 1929-99 Location: the northeast corner of Northside Boulevard and St. Louis Avenue REQUESTED ACTION: The petitioner is requesting a zone change from "E" Heavy Industrial, "E" Height and Area to "B" Residential, "C" Height and Area to allow an apartment complex with carports and garages. EXISTING LAND USE: The property currently contains an industrial building. SURROUNDING LAND USE AND ZONING: Located to the north are commercial uses zoned "C-1" Limited Commercial and "D" Light Industrial, "A" & "E" Height & Area; to the east are industrial uses zoned "E" Heavy Industrial and "D" Light Industrial, "E" Height & Area; to the west is parks department land zoned "A" Residential, "A" Height & Area; and to the south is the St. Joseph River. ACCESS: Access to the site is proposed to be from Notre Dame Avenue through the property to the east via an access easement. 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 2.46 acres. Of that, the buildings will occupy 31,860 square feet, or 30 percent of the site; the parking and drives will occupy 32,880 square feet, or 31 percent of the site; and 42,336 square feet or 39 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, floodzones or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: An access easement must be obtained through the property to the east and a drainage plan must be completed before the final site plan stage. The fire department has commented that the site must be able to accomodate emergency vehicles. 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, subject to a final site plan showing building heights of no more than three stories or forty feet. This is the only site along the river still zoned for heavy industrial uses in South Bend. It is STAFF REPORT June 7, 1999 the staff's opinion that this site would be more compatable with the surrounding uses and the park if used for apartments. Because surrounding height and area districts limit building height to three stories, it is the staff's opinion that this site should meet these standards. J - - Q _~ m ~~ JEFFERSON ~~~J G°q~~ 0 RR(AB) ST d~3-g ~-g C /NOOK N ~ MONROE ST. N I( ~~(~ ~ I ~\ N D° sourti ST• ~~~ ~~ WAYN E f~~ N ~-~ Q C~ cfO SSA \~~ y a~~~ ~~ ~ F,S' ST. W U ~. ~-b e~L 0 0 N iii REZONING FR^M~ 'E' HEAVY INDUSTRIAL, 'E' HEIGHT & AREA, TO. 'B' RESIDENTIAL, 'C' HEIGHT & AREA PETITION AREA S^UTH BEND EXISTING ZONING 'A' RESIDENTIAL O 'A3' RESIDENTIAL CMIXED USE) O 'B' RESIDENTIAL O 'C' COMMERCIAL D 'C1' COMMERCIAL <LIMITED) O 'D' LIGHT INDUSTRIAL D 'E' HEAVY INDUSTRIAL O 'PHC' PROFESSIONAL/ O HEALTH CARE (~ ~ ILA 6~/ ~ m BLVD. ~ ~" P~I~ W `_' Q w F- O Z 1V APC # 1929-99 0 100 200 300 600 crcpn~c s~ai~