HomeMy WebLinkAboutRezoning for property located at 310 and 326 S. Chapin StreetORDINANCE No. aa,a.s,
Passed by the Common Council of the City of South Bend, Indiana
August 25, 19 97
Attest:
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
August 26,
August 27,
City Clerk
Approved and signed by me
President of Common Council
19 97
19 97
Mayor
ORDINANCE NO. ~ / 0
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 310 AND 326 S. CHAPIN STREET,
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:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP
37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHII', CITY OF SOUTH
BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT A P.K. NAII. SET FOR THE INTERSECTION OF EAST-
WEST QUARTERLINE OF SAID SECTION (IE CENTERLINE OF WESTERN
°
AVENUE) AND THE CENTERLINE OF CHAPIN STREET; THENCE N. 00 -
40'-03" E. ALONG SAID CENTERLINE, 393.45' TO A SET P.K. NAIL;
THENCE S. 89°-33'-50" E., ALONG THE SOUTH LINE OF NAPIER STREET
AND ITS WESTERLY EXTENSION, 322.97' TO A SET 5/8" CAPPED
REBAR; THENCE S. 00°-31'-43" W. ALONG THE WEST LINE OF A 12'5"
WIDE PUBLIC ALLEY AND ITS SOUTHERLY EXTENSION 392.91' TO A
SET P.K. NAIL ON THE EAST-WEST QUARTERLINE OF SAID SECTION
AND THE CENTERLINE OF WESTERN AVENUE; THENCE N. 89°-39'-55"
W. ALONG SAID QUARTERLINE AND CENTERLINE 323.92' TO THE
POINT OF BEGINNING.
CONTAINING 2.92 ACRES AND COMPRISED OF ONE (1) LOT.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, AND
RESTRICTIONS OF RECORD.
be and the same is hereby established as "C" COMMERCIAL AND "F"
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.
__
Member of the Common Council
1st READING ~-~~~ 7
PUQLIC HEARING ~-~~-~'f 7
;' rd READING ~ , ~ GJ , 97
idOT APPROVER /
REFERRED
PA55ED ~~~ 5
Filed in Clerk's Office
J U PJ - ~ 1997
LORETTA J. DUDl1
CITY CLERY, :30. E3END, Itt.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND:
Your Committee
to whom was referred
BILL NO.
58-9? A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 310 AND 326 S. CHAPIN STREET, IN THE CITY OF SOUTH
BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommend to the Council favorably.
Sean Coleman
Chairman
Date Filed June 4. 1997 Application No.
Date received by the Area Plan Commission
I (we) the undersigned make application to the Common Councii 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 Western Avenue and Chapin Street
2) Name and address of property owner(s) of the petition site:
South Bend Heritage Foundation
914 Lincoln Way West
South Bend, Indiana 46616
3) Name and address of contingent purchaser(s), if applicable:
N/A
4) It is desired and requested that this property be rezoned
"A" Residential, "C" Commercial
from & "D" Light Industrial Height and Area "A.D.E"
to "C" Commercial Height and Area "F"
5) This rezoning is requested to allow the following use(s): Shopping Center and Medical
Clinic
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) six (6) 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 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 my be requested.
PETITION PREPARED BY:
Donald L. Ross
Ross Development Services Corp.
420 Miami Club Drive
Mishawaka,Indiana46544
219-259-3694
Signature(s) of All Property owners(s)
or Atto y for all grope y Owners(s)
C PE ON: (If different)
filed in Cier~,'s OfficE
JUP! 2 ? 1997
LQFiE7Tl1 J. DUDS,
CRY CLHR , 30. SEND, if4.
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A P.K. NAIL
SET FOR THE INTERSECTION OF THE EAST-WEST QUARTER LINE OF SAID
SECTION (I.E. CENTERLINE OF WESTERN AVENUE) AND THE CENTERLINE OF
CHAPIN STREET ;THENCE N. 00 DEGREES 40'-03" E. ALONG SAID CENTERLINE,
393.45 FT. TO A SET P.K. NAIL; THENCE S. 89 DEGREES -33'-50" E., ALONG THE
SOUTH LINE OF NAPIER STREET AND ITS WESTERLY EXTENSION, 322.97 FT. TO
A SET 5/8" CAPPED REBAR;THENCE S. OODEGREES-31'-43" W. ALONG THE
WEST LINE OF A 12'5" WIDE PUBLIC ALLEY AND ITS SOUTHERLY EXTENSION,
392.91 FT. TO A SET P.K. NAIL ON THE EAST-WEST QUARTER LINE OF SAID
SECTION AND THE CENTERLINE OF WESTERN AVENUE; THENCE N. 89
DEGREES-39'-55" W. ALONG SAID QUARTER LINE AND CENTERLINE 323.92 FT.
TO THE POINT OF BEGINNING.
CONTAINING 2.92 ACRES AND COMPRISED OF ONE (1) LOT.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS, AND RESTRICTIONS OF
RECORD.
Fited in Ci~ri,'s Ofifi~~
J U i,~ - 4 i99~
LORLTf& J. aUi):
CITY CLERY, 5a. 43f ttt), I?~.
~Area~~Plan Commission of St. Joseph County ..:
1140 County-City Building
South Bend, Indiana 46601
Robert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 219 235-9571
July 25, 1997
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
Fax 219 235-9813
Diu. No 5~-~i~
RE: A pproposed ordinance and site development flan of South Bend Heritage Foundation to zone
from "A" Residential, "C" Commercial, and "D' Light Industrial, "A, D, and E" Height and
Area to "C" Commercial, "F" Height and Area, property located at the northeast corner of
Western Avenue and Chapin Street, City of South Bend - APC #1779-97
Dear Council Members:
The above referenced ordinance and site development plan of South Bend Heritage Foundation
was legally advertised July 3, 1997. The Area Plan Commission at its public hearing on July 24,
1997, took the following action:
Upon a motion by Willie Morgan, being seconded by Tom Hampton and unanimously carried,
the propposed ordinance and site development pplan of South Bend Heritage Foundation to zone
from "A" Residential, "C" Commercial, and "D" Light Industrial, "A, D, and E" Height and
Area to "C" Commercial, "F" Height and Area, property located at the northeast corner of
Western Avenue and Chapin Street, City of South Bend is sent to the Common Council with a
favorable recommendation, subject to a final site development plan. The proposed developpment is
bordered by commercial zoning to the north and west and industrial zoning to the east. In
addition, half of the site is currently zoned "C" Commercial. It is the Commission's opinion that
"C" Commercial zoning is not out of character with the 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 1 ,
~~
obert . Sante
RWS:sr
Attachment
CC: South Bend Heritage Foundation
CC: Donald L. Ross
@'1E~t~ fiZ C~Dt'~~S C~i~'1~~`
J U L 2 5 1997
CfTY CLEF,:, go, EEt;D, f??
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
> STAFF REPORT July 7, 1997
South Bend Heritage Foundation 1779-97 ,
Location: the northeast corner of
western Avenue and Chapin Street
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "A" Residential, "C" Commercial, and "D"
Light Industrial, "A, D, and E" Height and
Area to "C" Commercial, "F" Height and Area to
allow a shopping center and medical clinic.
EXISTING LAND USE: The property contains vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north are commercial properties
zorred "C" Commercial, "D" Height and Area and
single and multi-family homes zoned "A"
Residential, "A" Height and Area; to the east
is a church zoned "B" Residential, "A" Height
and Area and "D" Light Industrial, "E" Height
and Area; to the south are multifamily
residences zoned "B" Residential, "G" Height
and Area; and to the west are commercial
properties zoned "C" Commercial, "D" Height
and Area.
ACCESS: Access to the site is from Western Avenue and
Chapin Street.
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 2.3 acres. Of
that, the building will occupy 25,553 square
feet, or 25 percent of the site; the parking
and drives will occupy 1.4 acres, or 62
percent of the site; and 12,724 square feet or
13 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-
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
°i~~~ i~~ ~d~r~o':~ ~Ftp~~'
JUL 25 1997
LO~ZT_'Tfta J, DllD+
C1'~Y CL£~iY., 30. E3cPSD, ir'
'w ~ -~
STAFF REPORT July 7, 1997
site development plan. The proposed
development is bordered by commercial zoning
to the north and west and industrial zoning to
the east. In addition, half of the site is
currently zoned "C" Commercial. It is the
Staff's opinion that "C" Commercial zoning is
not out of character with the area.
EfiEasox eLVO r - -
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APARTMENTS
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REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA,
"C" COMMERCIAL, "D" HEIGHT & AREA, &
"D" LIGHT INDUSTRIAL, "E" HEIGHT & AREA
T0: "C" COMMERCIAL, "F" HEIGHT & AREA
PETITfON AREA
SOUTH BEND EXISTING ZONING
"A" RESIDENTIAL O
"A3" RESIDENTIAL O
"B" RESIDENTIAL D
"C" COMMERCIAL D
"D" LIGHT INDUSTRIAL D
1 V
APC #1779-97
0 100 200 400
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Graphic Scal e
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