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Home My WebLink AboutRezoning for property located at the Southeast Corner of McKinley Avenue and Blvd., De La PaixORDINANCE No. aso3.sa Passed by the Common Council of the City of South Bend, Indiana, A(Zril 13, 19 98 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council April 14, 19 98 City Clerk Approved and signed by me April " 15 , 19 98 ~~-~ Mttyor ORDINANCE NO. ~ ~ V J ~ ~ u AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MCKINLEY AVENUE AND BLVD. DE LA PAIX 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: Part of the west half of the northeast quarter of Section 8, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the northeast corner of the west half of the northeast quarter of Section 8, Township 37 North, Range 3 East; thence South 00° 08' 27" West (bearing assumed) along the east line of the west half of the northeast quarter of said Section, 715.78 feet; thence South 89° 59' 45" West, 929.11 feet; thence North 00° 39' S7" East, 413.97 feet; thence South 89° 27' S6" East, 175.29 feet; thence North 00° 39' 57" East, 241 feet, more or less, to the centerline of McKinley Avenue; thence easterly along the centerline of McKinley Avenue, 751 feet, more or less, to the point of beginning and containing 13.87 acres, more or less. Subject to all legal highways, easements and restrictions of record. Net area (less right of way) - 13.177 acres, more or less. be and the same is hereby established as B - Residential, A 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. ri1°LiC HE~,RWG _13,90 3 rd READSyG ~_- ~3 _ 9 NOT APPrZOVED REFERRED PASSED ~-13-9g c~ Member of the Common Council cad-stuBUcjb\jewisk.fed\ordinance CLT COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was refereed: BII.L NO. 23-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MC KINLEY AVENUE AND BLVD. DE LA PAIX IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably. John Broden Chairman DATE FILED APPLICATION NO. Date received by the Area Plan Commission I, the undersigned, make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. The property sought to be rezoned is located at: Southeast Corner of McKinley Avenue and Blvd de la Paix in South Bend 2. Name and address of property owner of the petition site: Jewish Federation of St. Joseph Valley, Inc. 105 Jefferson Centre, South Bend, IN 46601 (219) 233-1164 Name and address of contingent purchaser, if applicable: None. 4. It is desired and requested that this property be rezoned from A - Residential, A Height and Area to B - Residential, A Height and Area 5. This rezoning is requested to allow the following uses: Center for the Federation which is philanthropic and eleemosynary in nature as provided in Code Section 21-12 of the Municipal Code of the City of South Bend 6. Attached to or enclosed with this Application are the following: (a) the 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) six site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7. By signing this petition, the property owner 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 year after 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 maybe requested. Kevin J. er Attorney for The Jewish Federation of St. Joseph Valley, Inc. 131 S. Taylor St., Post Office Box 1438 South Bend, IN 46624-1438 Telephone: (219) 233-3303 Contact Person: Kevin J. Butler, 131 S. Taylor St., P.O. Box 1438, South Bend, IN 46624-1438, (219) 233-3303 This Petition was prepazed by: Kevin J. Butler, BUTLER AND SIMERI P.C., 131 South Taylor Street~.~P~~~ilc~e~ w9~y bl3re8.filses~ap~'amd.ion46~41, Telephone: (219) 233-3303. ti Jewish Federation of St. Joseph County, Inc. Legal Description of Property Part of the west half of the northeast quarter of Section 8, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Beginning at the northeast corner of the west half of the northeast quarter of Section 8, Township 37 North, Range 3 East; thence South 00 ° 08' 27" West (bearing assumed) along the east line of the west half of the northeast quarter of said Section, 715.78 feet; thence South 89° 59' 45" West, 929.11 feet; thence North 00° 39' S7" East, 413.97 feet; thence South 89° 27' S6" East, 175.29 feet; thence North 00° 39' 57" East, 241 feet, more or less, to the centerline of McKinley Avenue; thence easterly along the centerline of McKinley Avenue, 751 feet, more or less, to the point of beginning and containing 13.87 acres, more or less. Subject to all legal highways, easements and restrictions of record. Net area (less right of way) - 13.177 acres, more or less. 1 Kyle M. Payne 221 Sylvan Glen Drive South Bend, IN 46615 April 9, 1998 Common Council of the City of South Bend 1140 County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: APC #1835-98 Dear Sirs: I own and reside at 221 Sylvan Glen Drive in Bercliff Estates in South Bend. My property line abuts the eastern edge of the property owned by the Jewish Federation which they are requesting to have rezoned from 'A' residential to 'B' residential so they may develop an area of their property to include an administrative office and recreation area. My review of the information in my possession indicates that they plan to construct a softball field almost directly behind my home and only 25 yards from my property line. For obvious reasons, I am totally a ag inst allowing the Jewish Federation from building a softball diamond so close to my property line. Not only is there the potential for major noise pollution if the softball field is used continually during the summer, but also there is potential harm to my children who play in the back yard as well as potential harm to our windows, should foul balls occur when baseball games are being played. Please let this letter serve as notice of my desire to oppose the approval of the Jewish Federation request to construct a softball field in the area shown in the site plan for rezoning. ds ~ ~' +~~ i ~~~ '~ '~ ~ e M. ayne ',. 5 c: Kevi ut er, Attorney , or Jewish Federation Butler & Simeri P.C. P.O. Box 1438 South Bend, IN 46624 .: Area Plan Commission of St. Joseph County .. . 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Saute Executive Director John W. Byorni Assistant Director Phone 219 235-9571 March 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Filetl in Clerk's Office t ~nr; 1 B ~~98 gT1r ~C1R.ER~A~. BENp~ tN. - Fax 219 235-9813 ~i~ N ~. »~ ~i K RE: A proposed ordinance and site development plan of the Jewish Federation of St. Joseph Valley, Inc. to zone from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at the southeast corner of McKinley Avenue and Blvd de la Paix, City of South Bend - APC #1835-98 Dear Council Members: The above referenced ordinance and site development plan of Jewish Federation of St. Joseph Valley, Inc. was legally advertised March 5, 1998. The Area Plan Commission at its public hearing on March 17, 1998, took the following action: pon a motion by Joseph Serge, being seconded by Charles Shields and unanimously carried, the proposed ordinance and site development plan of the Jewish Federation of St. Joseph Valley, Inc. to zone from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at the southeast corner of McKinley Avenue and Blvd de la Paix, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. The petitioner has agreed to leave a 50 foot buffer along the east property line bordering the residential area to the east. It is the Commission's opinion that an office type use should have minimal impact on the surrounding properties. 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 erely, ~~~~~- Robert W. Saute RWS:sr Attachment CC: Jewish Federation of St. Joseph Valley, Inc. CC: Kevin J. Butler Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT March 9, 1998 Jewish Federation of St. Josevh Vallev. Inc. 1835-98 Location: the southeast corner of McKinley Avenue and Blvd de la Paix in South Bend City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area to allow a philanthropic building. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes zoned "A" Residential, "A" Height and Area and "B" Residential, "E" Height and Area; to the east are single family homes zoned "A" Residential, "A" Height and Area; to the south are vacant land zoned "A" Residential, "A" Height and Area and apartments zoned "B" Residential, "B" Height and Area; and to the west are apartments zoned "B" Residential, "B" Height and Area and commercial uses zoned "C" Commercial, "D" Height and Area and "C-1" Commercial, "D" Height and Area. ACCESS: Access to the site is from McKinley Avenue via Boulevard de la Paix. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available across McKinley Avenue to the north and Boulevard de la Paix to the west. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 13.2 acres. Of that, the buildings will occupy 12,500 square feet, or 2 percent of the site; the parking and drives will occupy 1.4 acres or it percent of the site; and 11.5 acres or 87 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. PRELIMINARY STAFF RECOMMENDATION: Based on the 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 petitioner has agreed to leave a 50 foot buffer along the east property line bordering the residential area to the ~ ~ STAFF REPORT March 9, 1998 east. It is the Staff's opinion that an office type use should have minimal impact on the surrounding properties. DR. q~~ -~~ Cam' ~+ o~~ I~°~I Essex ~~ d ~~m , om ~, AIC xINIEY ~e~ ~,,~.p ltd^~ ~~lll ~~ °~ wv~n-r~wnr tarul ~~. ~~ ~i wv~n-r~ra~r 0 MC MNIEY ON A1~E. ~ m ~°L~ n 1M~NDING~'N0~ DR(. w. ~i1 _l /IA_.\1_ _..I~~oL/// /~~ CR. s~" I d OR. ¢c wuurr~witr ~~ wASilNCtoN ~~~ AVE. I REZONING FR^MI 'A" RESIDENTIAL, 'A' HEIGHT & AREA TOI 'B' RESIDENTIAL (MULTI-FAM.), 'A' HEIGHT & AREA PETITION AREA ® N SOUTH BEND EXISTING ZONING 'A' RESIDENTIAL ~~ APC # 1835-98 'B' RESIDENTIAL O 'C' COMMERCIAL D 'C1' COMMERCIAL (LIMITED) D a zoo +oa soo c~~Fnrc s~+~