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Home My WebLink AboutRezoning 215 S. Notre Dame Ave and adjacent alley.. ORDINANCE No. a9z,-sa Passed by the Common Council of the City oJSouth Bend, Indiana August 10, 19 ~_ Arrest: City Clerk ,~ , Attest: -t President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 11, 19 98 City Clerk Approved and signed by me August 11 19 98 Mayor ORDINANCE NO. I ~~~ 0 AN ORDINANCE AMENDING TIIE ZONING ORDINANCE FOR PROPERTY LOCATED AT 215 S. NOTRE DAME AVENUE AND THE 14 FOOT WIDE ALLEY ADJACENT TO THE SOUTH, IN THE CITY OF SOUTH BEND, INDIANA 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 EAST HALF OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, BEING THE EAST 105 FEET AND SOUTH 33 FEET OF LOT 332 ALONG WITH THE EAST 105 FEET OF THE 14 FOOT WIDE ALLEY ON THE SOUTH SIDE OF SAID LOT 332 ALL WITHIN THE RECORDED PLAT OF SAMUEL L. COTTRELL'S FIRST ADDITION TO THE TOWN OF LOWELL, NOW PART OF THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE FOR NOTRE DAME AVENUE AND THE SOiJTH RIGHT-OF-WAY LINE OF JEFFERSON BOULEVARD; THENCE SOUTH ALONG SAID WESTRIGHT-OF-WAY LINE OF NOTRE DAME AVENUE, A DISTANCE OF 165 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE OF NOTRE DAME AVENUE, A DISTANCE OF 47 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF A 14 FOOT WIDE ALLEY; THENCE WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF SAID ALLEY, A DISTANCE OF 105 FEET; THENCE NORTH 47 FEET TO THE SOUTHWEST CORNER OF LOT "A" OF WEISS HOMES REPEAT OF COTTRELL'S FIRST ADDITION RECORDED AS INSTRUMENT NUMBER 9606896 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA; THENCE EAST ALONG SAID SOUTH LINE OF LOT "A", A DISTANCE OF 105 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.1 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, RIGHTS- OF-WAY, COVENANTS, AND RESTRICTIONS OF RECORD. be and the same is hereby established as "PHC" Professional Health Care. SECTION 2. 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 Common Council 1st RIkbIN~i (o'p-~ ~j ~-/ PllELIC •HfARaN~+ g~/Q' ~/ b 3 rd READING S ~ /Q ' `l g N07 APPRO~{~ REFERRI=Dc~ /~ PAx~.F~ lj ~~~' ~ ~ ~S 5 ~l"JST/~~~ Fited in Clerk's Q~~fi~~ .IUP~ 2 3 198 LOACTTA J. DUDA CiTf CIEAtt, S0.6ElFD, t~1. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 48-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 215 S. NOIRE DAME AVENUE AND THE 14 FOOT WIDE ALLEY TO THE SOUTH, IN THE CITY OF SOUTH BEND Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted. John Broden Chairman Date Filed Date received by the Area Plan Commission Application No. ~ ~~' ° ' ~~' I (we) the undersigned make application to the 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: on the west side of Notre Dame Avenue, approximately 165 feet south of Jefferson Boulevard, more commonly known as 21 s South Notre Dame Avenue and the 14 foot wide alley adjacent to the south of 215 South Notre Dame; the total site measuring 1.05 feet east and west, and 47 feet north and south, all within South Bend, India~:-a, 46617. (2) Name and address of property owner(s) of the petition site: Kendall-Weiss, LLP Jess N. Cook 828 East Jefferson Boulevard South Bend, Indiana 46617 (219) 234-7373 219 S. Notre Dame Ave- nue South Bend, Indiana 46617 (219) 233-4217 (3) Name and address of contingent purchaser(s), if applicable: N/A A.A.R.C. 818 E. Jefferson Blvd. South Bend, Indiana 466].7 (219) 234-6024 (4) It is desired and requested that this property be rezoned fi•om 'B" Residential"C" Height and Arca and "PHC" Professional Health Care - TO - "PHC" Frofessional Ilealtlt Care. (5) This rezoning is requested to allow the following use(s): Professional Office. (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 (G) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet 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 maybe 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 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 tl~e initial zoninfT classification. Under certain conditions, a time extension on the submittal of the final site plan maybe requested. Kendall-Weiss, LLP 828 East Jefferson Boulevard South Ben ,Indiana 46617 ~~ ~ David W iss, Vice President Jess N. Cook 219 S. Notre Dante Avenue South Bend, Indiana 46617 Je Cook Alcoholism and Addiction Resource Center (A.A.R.C.) (formerly, Alcoholism Council, Inc.) 818 E. Jefferson Boulevard South Bend, Indiana 46617 Signature Printed Name and Title PETITION PREPARED BY AND CONTACT PERSON: Stephen D. Rudisell, A.LC.P. Abonmarche Consultants, Inc. 1711 E. McKinley Avenue Mishawaka, Indiana 46545 (219) 255-8700 JUl. 2 2 199 L~FcTT15 J. [3U7)1i CITY CLERK, :;J. ~3Ei. D, IN. ' Area Plan Commission of St. Joseph County ~~ ' ' 1140 County-City Building 227 West Jefferson Blvd. ~~~w.~ ~ ~ ~O~ ~, ~j' South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 July 22, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 ~=itpd in C~~~~c's o~fi~~ J U L 2 2 ~~~~ LOFis17d J. DllD C1'fti'CLEAK, Ko. EEf:D,1A1. RE: A proposed ordinance and site development plan of Kendall-Weiss, LLP, and Jess N. Cook, and the Alcoholism Council, Inc, to zone from "13" Residential, "C" Height and Area, and "PHC" Professional/Health Care to "PHC" Professional/Health Care, property located at 215 S. Notre Dame Avenue and the 14 foot wide alley to the south, City of South Bend - APC #1856-98 Dear Council Members: The above referenced ordinance and site development plan of Kendall-Weiss, and Jess N. Cook was legally advertised July 9, 1998. The Area Plan Commission at its public hearing on July 21, 1998, took the following action: Upon a motion by John McNamara, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance and site development plan of Kendall-Weiss, LLP, and Jess N. Cook, and the Alcoholism Council, Inc. to zone from "B" Residential, "C" Height and Area, and "PHC" Professional/Health Care to "PHC" Professional/Health Care, property located at 215 S. Notre Dame Avenue and the 14 foot wide alley to the south, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. The petition area is bordered by "PHC" zoning to the north, east and west. However, the Commission would not recommend the extension of "PHC" zoning south of the existing alley into the residential area. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council'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 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 e y, l~l/ ert W. Sante RWS:sr Attachment CC: Kendall-Weiss, and Jess N. Cook Alcholism Council, Inc. Abonma.rche Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT Kendall-Weiss, and Jess N. Cook 1856-98 Location: 215 S. Notre Dame Avenue and the 14 foot wide alley to the south City of South Bend July 13, 199.8 REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "C" Height and Area, and "PHC" Professional/Health Care to "PHC" Professional/Health Care to allow a professional office. EXISTING LAND USE: The property contains a single family home. SURROUNDING LAND USE AND ZONING: Located to the north are offices zoned "PHC" Professional/Health Care; to the east are offices zoned "PHC" Professional/Health Care and single family homes zoned "B" Residential, "B" Height and area; to the south are single and multifamily homes zoned "B" Residential, "B" Height and Area, and to the west is vacant land zoned "PHC" Professional/Health Care. ACCESS: Access to the site is from Notre Dame Avenue. 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 4,395 square feet. Of that, the building will occupy 1,352 square feet, or 27 percent of the site; the parking and drives will occupy 3,058 square feet, or 62 percent of the site; and 525 square feet or 11 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: A drainage plan will be required at the final site plan stage. The petitioner is requesting setback, parking, and screening variances and is petitioning to vacate the alley on the south side of the property. 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. The petition area is bordered by "PHC" zoning to the north, east and west. However, the Staff would not recommend the extension of "PHC" zoning south of the existing alley into the residential area. -~ I- ~s W ~ > Q JEFFERSON BLVD. OFFICE OF Cfl E OFF E OFFICE rj-11 (~ n I~IJf~-JJ 1IUIulU1f ~ ~ DO D °o °(~ PET1T10N AREA CL' W w ~ ~ ~ Q W p D RES. • I R~ LiJ Cn z WAYNE ST . D ~ Do~ REZONING FROM: "B" RESIDENTIAL (MULTI-FAM.) "C" HEIGHT & AREA, & "PHC" PROFESSIONAL/ HEALTH CARE T0: "PHC" PROFESSIONAL/HEALTH CARE PETITION AREA ® N SOUTH BEND EXISTING ZONING "B" RESIDENTIAL (MULTI-FAM.) ~~ APC # 1856-98 "C" COMMERCIAL C~ "D" LIGHT INDUSTRIAL C~ "PHC" PROFESSIONAL/HEALTH CARE O 0 100 200 400 ~® ~~ Graphic Scal e