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Home My WebLink AboutRezoning - 1218,1220,1224,1228,1230,1232,1234, W. Colfax and 119, 121, 122, 124, 125 N. SpruceORDINANCE No. aa3,.s, Passed by the Common Council of the City of South Bend, Indiana October 13, 19 ~_ Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council October 14, 19 97 City Clerk Approved and signed by me 19 ~~~ Mayor ORDINANCE NO.~ ~) "~~ -------------------------------------------------------- AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT (1218, 1220, 1224, 1228, 1230, 1232, 1234 W. Colfax and 119, 121, 122, 124, 125 N. Spruce.), 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: Lots numbered 93 -101 and 13 1/5 feet of the North part of Lot numbered 102, all lying North of the present alley as shown on the recorded Plat of Commissioners' Subdivision of Bank Out Lot 79. be and the same is hereby established as B Residential; and a 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. ~~.~~ G/~ Member of the Common Council 1st READING ~ r' ~/.. '~ PUSLIC HEARING ~O ~J~~ 3 rd READING ~Q. ~? ~G~ l NOT APPROVED J 7 REFEP.RED PASSED~U -/J - ~ 7 7I ~ ~'CJ.~,.,~ ~ I ~~,,.~~°: r -- i ~ SEA - ~ 1997 ICFt~T~;L:. DiJO: COMITTEE RERORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee of the Whole, to whom was referred BILL NO. 83-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT (1218, 1220, 1224, 1228, 1230, 1232, 1234 W. COLFAX AND 119, 121, 122, 124, 125 N. SPRUCE.), 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. Sean Coleman Chairman Date Filed: Application No. Date received by the Area Plan Commission ----------------------------------------------------------------------- We, 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: Twelve vacant contiguous lots along W. Colfax and N. Spruce: 1218, 1220, 1224, 1228, 1230, 1232, 1234 W. Colfax and 119, 121, 122, 124, 125 N. Spruce. 2. Name and addresses of property owners of the petition site: a. South Bend Heritage Foundation (11 parcels or lots) 914 Lincoln Way West, South Bend, IN 46616 219-289-1066 b. BY LOW Corporation (1 parcel or lot) P.O. Box 3535, South Bend, IN 46619 3. Name and address of contingent purchaser: Council For the Retarded of St. Joseph County, d/b/a Logan, Inc. 1235 N. Eddy Street, South Bend, IN 46617 219-289-4831 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 use: The construction of 6 duplexes (3 with 2 bedroom units; 3 with 3 bedroom units. These units will be used by Logan, Inc., to place semi-independent clients in a neighborhood environment which helps them to exercise their levels of individual independence. 6. Attached is a copy of (a) legal description of the properties; (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 this 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. Signed this '~ day of , 1997 CONTINGENT PURCHASER: Daniel Harshman, Chief Executive Officer for Council For the Retarded of St. Joseph County (d/b/a Logan, Inc.) CURRENT PROPERTY OWNERS: l ~~ ~ (11 parcels or lots) Jef ey ibne ,Executive Director for'So h Bend eritage Foundation William Jenkins, for BY LOW Corporation PETITION PREPARED BY: Dea Andrews South Bend Heritage Foundation 914 Lincoln Way West South Bend, IN 46616 (1 parcel or lot) CONTACT PERSON: Same 219-289-1066 ....... ~,_ ...~ t .. .... _,. ,i:. COLFAX /SPRUCE LOCATION Semi-independent housing developed by Logan, Inc. Addresses, ownership, legal description Parcel 1: 1234 Colfax, South Bend, Indiana 46601(Key #: 18-1044-1891) (Owned by City of South Bend) 31 FT W END LOTS 96 & 97 COMM SUB OF BOL 79 Parcel 2: 1232 Colfax, South Bend, Indiana 46601(Key #: 18-1044-1892) (Owned by David & Hattie Mae Talley) 31 FT E SIDE 62 FT W END LOTS 96 & 97 COMM SUB OF BOL 79 Parcel 3: 1230 Colfax, South Bend, Indiana 46601(Key #: 18-1044-1893) (Owned by Civil City of South Bend) W 31 FT OF E 62 FT LOTS LOTS 96 & 97 COMM SUB OF BOL 79 Parcel 4: 1228 Colfax, South Bend, Indiana 46619 (Key #: 18-1044-1894} (Owned by South Bend Heritage Foundation) 31 FT E END LOTS 96 & 97 COMM SUB OF BOL 79 Parcel 5: 125 Spruce, South Bend, Indiana 46616 (Key #: 18-1044-1895) (Owned by City of South Bend) LOT 95 SUB OF BOL 79 Parcel 6: 121 Spruce, South Bend, Indiana 46616 (Key #: 18-1044-1896) (Owned by City of South Bend) LOT 94 COMM SUB OF BOL 79 w Parcel 7: V/L ADJ 119 Spruce, South Bend, Indiana 46617 (Key #: 18-1044-1897) (Owned BY LOW Corporation) LOT 93 COMMISSIONERS SUB OF BOL 79 Parcel 8: 1224 Colfax ,South Bend, Indiana 46617 (Key #: 18-1044-1898) (Owned by South Bend Heritage Foundation) W 37 FT LOTS 98 & 99 & 37 FT X 7 FT NW PT LOT 100 COMM SUB OF BOL 79 Parcel 9: 1220 Colfax, South Bend, Indiana 46617 (Key #: 18-1044-1899) (Owned by South Bend Heritage Foundation) MID 1-3 OF LOTS 98 & 99 7F MID PT N END LOT 100 COMM SUB OF BOL 79 Parcel 10: 1218 Colfax, South Bend, Indiana 46617 (Key #: 18-1044- 1900) (Owned by South Bend Heritage Foundation) E 1-3 of LOTS 98 & 99 & 100 COMM SUB OF BOL 79 Parcel 11: 124 Spruce, South Bend, Indiana 46601 (Key #: 18-1044-1901) (Owned by Civil City of South Bend) W 74 LOT 100 EX 7 FT N END COMM SUB BOL 79 Parcel 12: 122 Spruce, South Bend, Indiana 46628( Key #: 18-1044-1902) (Owned by South Bend Heritage Foundation) LOT 101 &131-SFTN SIDE LOT 102COMMSUBOFBOL79 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 Fax 219 235-9813 September 24, 1997 ~ ,.~, //~~~~ 1 The Honorable Common Council }.'~~ ~ ~I U `~ City of South Bend - +~ t County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of South Bend Heritage Foundation, et al to zone from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at 1218, 1220, 1224, 1228, 1230 1232, 1234 W. Colfax Avenue, and 119, 121, 122 124 and 125 N. Spruce Street, City of South Bend - APC #1793-97 Dear Council Members: The above referenced ordinance and site development plan of South Bend Heritage Foundation, et al was legally advertised September 11, 1997. The Area Plan Commission at its public hearing on September 23, 1997, took the following action: Upon a motion by Henry Keultjes, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of South Bend Heritage Foundation, et al to zone from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at 1218, 1220, 1224, 1228, 1230 1232, 1234 W. Colfax Avenue, and 119, 121, 122 124 and 125 N. Spruce Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The site is adjacent to "B" Residential zoning and multi-family homes to the south. When the West Washington - Chapin Street Development area was rezoned in 1991, the area along Washington Street, where the West Washington houses are located, was zoned "B" Residential to allow for the development of a multi-family area. It is the Commission's opinion that rezoning the petition area to "B" Residential is in keeping with the overall development of this area as a multi-family node. 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. Sincerely, 1~~~~ ~~ Robert W. Sante RWS:sr i .._,._..~_.,...W.~.~_._.._.-.._.-..~ SEP 2 ~ 1997 Attachment ~--~~ """'° °"" CC: South Bend Heritage Foundation, et al Council for the Retarded of St. Joseph County City of South Bend Board of Public Works Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Bill Jenkins STAFF REPORT September 15, 1997 youth Bend Heritage Foundation, et al 1793-97 Location: 1218, 1220, 1224, 1228, 1230 1232, 1234 W. Colfax Avenue, and 119, 121, 122 124 and 125 N. Spruce Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height & Area, to "B" Residential, "A" Height & Area to allow duplexes. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes and a Cemetery zoned "A" Residential, "A" Height & Area, to the east are single family and multi-family homes zoned "A" Residential, "A" Height & Area, to the south are multi-family homes zoned "B" Residential, "D" Height & Area and to the west are single family homes zoned "A" Residential, "A" Height & Area. ACCESS: Access to the site is from Colfax Avenue and Spruce Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer is available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 1 acre. Of that, the buildings will occupy 6,147 square feet, or 14 percent of the site; the parking and drives will occupy 11,009 square feet, or 22 percent of the site; and 32,635 square feet or 64 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 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 site is adjacent to "B" Residential zoning and multi-family homes to STAFF REPORT September 15, 1997 the south. When the West Washington - Chapin Street Development area was rezoned in 1991, the area along Washington Street, where the West Washington houses are located, was zoned "B" Residential to allow for the development of a multi-family area. It is the Staff's opinion that rezoning the petition area to "B" Residential is in keeping with the overall development of this area as a multi-family node. { F- f- N N Z ~ ~ I °' f- HINE 5T. I - COLFAX I LISTON ST. _ II z _ II ~ a I~ f I i i III ~. L L ! ~<~ G~ ~~ O~ G II ~~' I I I -- 1 1 5P~" I I I ,~ v' P AVE. I I III I III III ~~ I i 1 ~ ~ i i ~ I I II I ~ III II I I 1 I i1 I I WASHINGTON ~ ~ i~ N N ~ ~~ ~ ~ ~ ~ ~ Z I fI ~ a I II w 3 v JEFFERSON AVE.I Bel REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA, T0: "B" RESIDENTIAL, "A" HEIGHT & AREA PETITION AREA SOUTH BAND EXISTING ZONING "A" RE5IDENTIAL ~~ "6" RESIDENTIAL O "C" COMMERCIAL O Q°~ N APC #1793-97 ~~ 0 100 200 400 y y i Graphic Scole