HomeMy WebLinkAboutBill 31-16 rezoning: 314 & 318 St. Peter, Part of 401 Notre Dame, and 325 Frances StreetSIR
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571
July 20, 2016
South Bend Common Council
4'' Floor, County -City Building
South Bend, IN 46601
RE: Bill #31 -16
Rezoning: APC #2786 -16
314 & 318 St. Peter, Part of 401 Notre Dame, and 325 Frances Street
Dear Council Members:
The Area Plan Commission held a public hearing on July 19, 2016 for the above reference petition. This
petition is set for public hearing before the Common Council on Monday, July 25, 2016.
Ordinance & Petition Amendments:
The following changes have been made to the above referenced petition:
Ordinance
1.) The legal description of Parcel 1 and Parcel 2A were updated to more accurately reflect the area
being rezoned.
Petition:
1.) The petition was updated correct a couple tax key numbers, add variances for Parcel 2B, and
include the MF1 Zoning classification on Parcel 2A.
A Copy of the revised Ordinance and Petition are attached.
Public Hearing Summary:
There was no one present that spoke in favor or opposition to the proposed rezoning.
If you have any further questions, please feel free to contact me at (574) 235 -9571.
Sincerely,
L J. d" yW7 `
Angela . Smith
Deputy Director
CC: Kathleen Cekanski - Farrand
F=iled in Clerk's Office
JUL 2 0 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. ST) O S E P H C O U N T Y IN DIANA - C O M/ A R E A P L A N
PETITION FOR ZONE MAP AMENDMENT
City of South Bendd, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the
zoning ordinance as herein requested.
1) The property sought to be rezoned is located at:
Tract 1: 314 & 318 St. Peter Street and Part of 401 Notre Dame Avenue (0.82 Ac +/ - -)
Tract 2A: Part of 325 Frances Street (0.64 Ac +/ - -)
Tract 2B: Part of 325 Frances Street (0.33 Ac +/-)
Tract 3: Part of 325 Frances Street (1.09 Ac +/ - -)
2. The property Tax Key Number(s) is /are:
Tract 1: 018 - 6004 -0096, 018 - 6004 -0097, 018 - 6002 -0040
Tract 2A & 2B: 018- 6006 -0166, 018 - 6006 - 016603
Tract 3: 018 - 6006 - 0166.02, 018 - 6008 -0183
3) Legal Descriptions: See attached sheet for legal descriptions
4) Total Site Area: 2.88 Ac +/-
5) Name and address of property owner(s) of the petition site:
River Walk, LLC
314 Catalpa Street
Mishawaka, IN 46545
574- 277 -4171
davidaa,cent!g3 custombuilders.com
Gregory J. Gluchowski
1805 North Cedar Street
South Bend, 17V 46617
6) Name and address of contingent purchaser(s), if applicable:
River Walk, LLC
(Same as above)
Filed in Clerk's Office
JUL 2 0 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
JUN 3 0 2016
AREA PLAN COMMISSION .
o 9CATION NO.c; ��
7) It is desired and requested that this property be rezoned:
Tract 1: From: SF2 Single Family Two Family District
To: MF 1 Urban Corridor Multifamily District
Filed in Clerk's office
JUL 2 0 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH SEND, IN
Tract 2A: From: MU Mixed Use District and MF 1 Urban Corridor Multifamily District
To: MF1 Urban Corridor Multifamily District
BI -+
Tract 2B: From: MU Mixed Use District LE
To: SF2 Single Family Two Family District JUN 3 0 2016
Tract 3: From: SF2 Single Family Two Family District AREA PLAN COMMISSION
AICATl9id NQ
To: MF1 Urban Corridor Multifamily District.
8) It is desired, too, that these variance(s) be granted to be consistent with approvals granted on May
19, 2015 and as shown on attached Site Development Plan:
• From the required 25 foot front yard setback to a 15 foot setback for Tract 2B;
and
• From the required side yard of five (5) feet or 10% of lot width, whichever is
greater, to a side yard setback of 4 feet for Tract 2B.
9) This rezoning is requested to allow the following use(s):
An appropriate mix of housing types within the urban core of the City of South Bend (as noted
in #7 above), given adjacent existing and approved land uses and existing neighborhood amenities. In
particular, Petitioner seeks rezoning to (a) allow for the construction of new multi family dwellings
adjacent to properties currently zoned W-1 on St. Peter Street, to (b) allow for the construction of new
multi family dwellings on Frances Street as a transition between SF -2 zoning and MU- zoning on Frances
Street, and to (c) allow for single family dwellings along Notre Dame Avenue adjacent to a portion of the
block already zoned SF -2.
10) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of
the community:
The reduced setbacks and lot width allow homes to be built in the development that will be
consistent with the adjacent neighborhoods.
(b) The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner;
The parcels are currently vacant with adjacent parcels being mixed zoning of residential,
mixed use and light industrial. The Petitioner is proposing to construct new homes that
would be consistent in size and value of other homes in the area The surrounding property
value will not be affected adversely, only improved due to commitment to the redevelopment
of the neighborhood.
(c) The strict application of the terms of this Ordinance would result in practical difficulties in
the use of the property:
Requiring to abide by the existing required lot width and front and side yard setback
requirements would result in practical difficulties since the proposed house plans would not
fit on the proposed lots and the overall project would not be able to sustain the housing
density required for the overall project.
CONTACT PERSON:
Abonmarche Consultants, Inc.
Brian McMorrow, Project Manager
750 Lincoln Way East
South Bend, IN 46601
574- 232 -8700
bmcmorrow@abonmarche.com
Filed in Cleric's Office
JUL 20 7016
KAREEMAH FOWLER
CITY CLERK, SOUTH SENI
JUN 3 0 2016
AREA PLAN COMM SS�SION
APPLICATION NO �^_ � '
--
BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE -
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON
COULCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of all property owner(s), or signature of Attorney for all property owner(s):
Filed in Clerk's Office
JUL 2 0 2016
KAREEAMAH FOWLER
CITY CLERK, SOUTH BEND, IN
JUN 3 0 2016
AREA PLAN COMMISSION
P*PLICATIQN NO. X6 6
F:\Projects\2014 Projects \14 -0764 Riverwalk\Permits and Approvals\South Bend City - Rezoning\2016 -06 -03 Petition for Rezoning.docx
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 314 & 318 ST. PETER STREET, 401 NOTRE DAME AVENUE, AND
325 FRANCES STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioner seeks rezoning to a) allow for the construction of new multi - family dwellings
adjacent to properties currently zoned MF1 Urban Corridor Multifamily District on St.
Peter Street; to b) allow for the construction of new multi - family dwellings on Frances
Street as a transition between SF2 Single Family & Two Family District and MU Mixed
Use District on Frances Street, and to c) allow for single family dwellings along Notre
Dame Avenue adjacent to a portion of the block already zoned SF2 Single Family &
Two Family District.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION I. Ordinance No. 9495 -04, is 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 {EI /2) OF THE NORTHEAST QUARTER {NE 1/4) AND
PART OF THE EAST HALF {E 1/2) OF THE SOUTHEAST QUARTER {SE 1/4) OF
SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC: 865 OF THE
STATE OF INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel 1:
COMMENCING AT THE NORTHEAST CORNER OF LOT 342, OF SAMUEL L.
COTIRELL'S SUBDIVISION, MONUMENTED BY A FOUND I" IRON PIPE; THENCE
SOUTH 000 1615" EAST, ALONG THE WEST RIGHT OF WAY OF NOTRE DAME
AVENUE {66' RIGHT OF WAY), A DISTANCE OF 132.25 FEET, TO A FOUND REBAR
WITH CAP MONUMENTING THE NORTHEAST CORNER OF LOT 344 IN SAID
COTIRELL'S SUBDIVISION. THENCE SOUTH 89 04 1'52" WEST ALONG THE NORTH
LINE OF SAID LOT 344 A DISTANCE OF 131.40 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 °16'15" EAST, PARALLEL
WITH THE WEST LINE OF SOUTH NOTRE DAME AVENUE ,A DISTANCE OF
168.00 FEET TO A POINT; THENCE SOUTH 89 °4 1'52" WEST, PARALLEL WITH
THE NORTH LINE OF THE AFOREMENTIONED LOT 344, A DISTANCE OF 212.85
FEET, TO THE EAST RIGHT OF WAY OF ST. PETERS STREET; THENCE NORTH
000 1643" WEST, ALONG SAID EAST RIGHT OF WAY, A DISTANCE OF 168.00
FEET TO THE NORTHWEST CORNER OF LOT 338 IN SAID COTIRELL'S
SUBDIVISION; THENCE NORTH 89 °4 1'52" EAST, ALONG THE NORTH LINE OF
SAID LOT 338 AND LOT 344, A DISTANCE OF 212.87 FEET TO THE
AFOREMENTIONED POINT OF BEGINNING.
AND
Parcel 2A:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET
PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN
INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A FOUND REBAR WITH
CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF
WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 204.99
FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH
00 °13'51" EAST, A DISTANCE OF 179.87 FEET TO A POINT; THENCE SOUTH
89 °46'09" WEST, A DISTANCE OF 59.50 FEET TO A POINT; THENCE NORTH
00 °13'51" WEST, A DISTANCE OF 59.85 FEET TO A POINT; THENCE NORTH 86 °51
'19" WEST, A DISTANCE OF 148.80 FEET TO A POINT; THENCE NORTH 00 01615"
WEST, A DISTANCE OF 110.71 FEET TO A POINT; THENCE NORTH 89 037'04"
EAST, A DISTANCE OF 208.12 FEET TO A POINT; TO THE AFOREMENTIONED
POINT OF BEGINNING.
U►R
Parcel 3:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET
PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN
INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A FOUND REBAR WITH
CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF
WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 384.86
FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH
00 °13'51" EAST, A DISTANCE OF 183.05 FEET TO A POINT; THENCE
SOUTH89'40'41 "WEST, A DISTANCE OF 207.87 FEET TO A POINT; THENCE
NORTH 00 01615" WEST, A DISTANCE OF 252.00 FEET TO A POINT; THENCE
SOUTH 86 051'19" EAST, A DISTANCE OF 148.80 FEET TO A POINT; THENCE
SOUTH 00 °13'51" EAST, A DISTANCE OF 59.85 FEET TO A POINT; THENCE
NORTH 89 046'09" EAST, A DISTANCE OF 59.50 FEET TO THE AFOREMENTIONED
POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOTS 2 AND PART OF LOTS 46
AND 47 OF "RIVER WALK SUBDIVISION" CONTAINING: 2.55 ACRES OF LAND,
MORE OR LESS, AND SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND
RIGHT OF WAYS OF RECORD.
be and the same is hereby established as MF1 Urban Corridor Multifamily District.
SECTION II. Ordinance No. 9495 -04, is 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 (EI /2) OF THE NORTHEAST QUARTER (NE 1/4) AND
PART OF THE EAST HALF (E 1 /2) OF THE SOUTHEAST QUARTER (SE 1 /4) OF
SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC: 865 OF THE
STATE OF INDIANA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel 213:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET
PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN
INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY: MONUMENTED BY A FOUND REBAR WITH
CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF
WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 102.50
FEET, TO A REBAR WITH CAP "PALM" MONUMENTING THE SOUTHEAST
CORNER OF SAID LOT 3; THENCE SOUTH 89 040'59" WEST ALONG THE SOUTH
LINE OF SAID LOT 3, A DISTANCE OF 171.60 FEET TO A FOUND MAG NAIL WITH
TAG "PALM" MONUMENTING THE SOUTHWEST CORNER OF SAID LOT 3, BEING
A POINT ON THE EAST LINE OF LOT 2 OF SAID "WAYNE STREET PLAZA MINOR
SUBDIVISION "; THENCE SOUTH 00'01'28" EAST A DISTANCE OF 102.68 FEET
TO THE SOUTHEAST CORNER OF SAID LOT 2, MONUMENTED BY A FOUND
REBAR "FIRM 0044 "; THENCE SOUTH 89 °37'04" WEST, ALONG THE SOUTH LINE
OF SAID LOT 2, A DISTANCE OF 36.15 FEET TO THE POINT OF BEGINNING OF
THIS DESCRIPTION; THENCE SOUTH 00° 1615" EAST, A DISTANCE OF 110.71
FEET TO A POINT; THENCE NORTH 86 °51'19" WEST, A DISTANCE OF 136.24
FEET TO A POINT IN THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE;
THENCE NORTH 00 016'15" WEST, ALONG THE EAST RIGHT OF WAY LINE OF
NOTRE DAME AVENUE, A DISTANCE OF 102.33 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 2; THENCE NORTH 89 037'04" EAST, ALONG THE SOUTH
LINE OF SAID LOT 2,A DISTANCE OF 136.00 FEET TO THE AFOREMENTIONED
POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOT 22 AND PART OF LOT 23 OF
"RIVER WALK SUBDIVISION" CONTAINING: 0.33 ACRES OF LAND, MORE OR
LESS, AND SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND RIGHT OF
WAYS OF RECORD.
be and the same is hereby established as SF2 Single Family & Two Family District.
SECTION III. 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
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
City Clerk
day of
Mayor, City of South Bend, Indiana
10 REARING
Pusuc HEARING
3 rd READING
NOT AMOYED
PASSED
2 , at
Filed in Clerk's Office
JUL 2 U 2016
KAREEMAH FOWLER
CITYCLERK, SOUTH BEND, IN
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
Wec�nesda�E JUjR1 d, %11%., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: An ordinance of River Walk, LLC and Gregory J. Gluchowski to zone from SF2 Single Family & Two
Family District, MF1 Urban Corridor Multifamily District and MU Mixed Use District to MF1 Urban
Corridor Multifamily District and SF2 Single Family & Two Family District, property generally located at
314 & 318 St. Peter Street, 401 Notre Dame Avenue, and 325 Frances Street, City of South Bend — APC
#2786 -16
Dear Council Members:
I hereby Certify that the above referenced ordinance of River Walk, LLC and Gregory J. Gluchowski was
legally advertised on July 7, 2016 and that the Area Plan Commission at its public hearing on July 19, 2016
took the following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, a
proposed ordinance of River Walk, LLC and Gregory J. Gluchowski to zone from SF2 Single
Family & Two Family District, MF1 Urban Corridor Multifamily District and MU Mixed Use
District to MF1 Urban Corridor Multifamily District and SF2 Single Family & Two Family
District, property generally located at 314 & 318 St. Peter Street, 401 Notre Dame Avenue, and
325 Frances Street, City of South Bend, is sent to the Common Council with a a FAVORABLE
recommendation. Redevelopment of this site for single family and townhome style residential will
strengthen the existing Howard Park Neighborhood and address a demand for urban housing as
identified by local developers, real estate professionals, and the Howard Park Neighborhood Plan.
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 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.
Sincerel ,
Lawrence P. Magliozzi
Attachment
CC: River Walk, LLC
Gregory J. Gluchowski
Abonmarche Consultants, LLC
F=iled in Clerk's Office
JUL 2016
KAREEMAH FOWLER
tr7Y CLERK, SOUTH BEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & - ROSELAND
W W W. ST) O S E PH C 0 U N T Y I N D I ANA. C 0 M/ A R E A P L A N
Staff Report 7/7/2016
APC # 2786 -16
Owner: River Walk, LLC ._...
Location: generally located at 314 & 318 St. Peter Street, 4 1 NA APerk'S die
Avenue, and 325 Frances Street
Jurisdiction: City of South.Bend JUL 2 0 2016
Public Hearing Date: 7/19/2016
AREEMAH FOWLER
Requested Action: C17Y EtCLERK, 80("H REND, IN
The petitioner is requesting a zone change from SF2 Single Family & Two amil`y -'DMS trt icy
MF1 Urban Corridor Multifamily District and MU Mixed Use District to MF1 Urban
Corridor Multifamily District and S172 Single Family & Two Family District
Land Uses and Zoning:
On site: On site is vacant land.
North: To the north of Tract 1 are homes zoned MF 1 Urban Corridor Multifamily
District. To the north of Tracts 2 and 3 are office buildings zoned MU
Mixed Use District.
East: To the east of Tract 1 is vacant land zoned S172 Single Family and Two
Family. To the east of Tracts 2 and 3, across Frances Street, are single
family homes zoned SF2 Single Family and Two Family and Robert Henry
Corporation zoned LI Light Industrial District.
South: To the south is vacant land zoned S172 Single Family and Two Family
District.
West: To the west of Tract 1, across St. Peter, is an office complex zoned MU
Mixed Use District. To the west of Tracts 2 and 3 is vacant land zoned SF2
Single Family and Two Family.
District Uses and Development Standards:
The MF 1 District is established to protect, promote and maintain the development of
urban style multifamily dwellings and to provide for limited public and institutional uses
that are compatible with a multifamily residential neighborhood. The development
standards are designed to promote the establishment of. multifamily dwelling projects
(including apartment, townhouse or row house style developments); and, high density two
family dwelling developments located along a block face, in developed areas of the
community which are served by a full range of public amenities.
The S172 District is established to protect, promote and maintain the development of single
family dwellings and two family dwellings in the urban core of the City of South Bend as
well as to provide for limited public and institutional uses that are compatible with an
urban residential neighborhood. The availability of public facilities (e.g., public water,
public sanitary sewer, storm sewer, natural gas, electricity, telephone, etc.) is required for
development within this district.
Site Plan Description:
The 2.88 acre site included in this petition are part of a larger development project that
includes a mix of single- family home and town homes. The residential project will consist
APC # 2786 -16 Page 1 of 3
Staff Report
7/7/2016
of varying home sizes with reduced front setbacks of 15' and parking from private alleys
internal to the site. The townhomes, as shown, are designed around a central courtyard.
Zoning and Land Use History And Trends:
The site has historically been focused around transportation. Originally the trolley barn for
the trolley, system, it later became the administration offices and service area for
TRANSPO. In 2015 it was rezoned to SF2 Single Family and Two Family for the
proposed housing development. Additional land has been acquired increasing the scope of
the project.
Traffic and Transportation Considerations:
Frances Street has two lanes with on- street parking. The City is currently working to
extend St. Peter Street south to intersect with Northside Boulevard.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The Department of Community Investment offers a favorable recommendation stating that
it would facilitate housing options within the neighborhood and allow the developer's
project to proceed. They further recommend that the end units on the courtyard homes be
designed to interface with the street. The City Engineer commented that a drainage plan
will be needed prior to final approval.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006) Policy H 1.1: Encourage residential developments to contain a mix of housing types,
densities, price ranges, and amenities.
Land Use Plan:
The future land use map identifies this area as mixed use and high density residential.
Plan Implementation /Other Plans:
The Howard Park Neighborhood Plan (2012) identifies this area as single family
residential.
2. Current Conditions and Character:
The area has a wide mix of uses ranging from single family to industrial typical of an area
that was once bordered by a rail line.
3. Most Desirable Use:
The most desirable use of the land is medium density residential.
4. Conservation of Property Values:
Due to the low impact of residential development, surrounding property values should not
be affected.
APC # 2786 -16
Page 2 of 3
Staff Report
5. Responsible Development And Growth:
7/7/2016
It is responsible development and grown to support the redevelopment of this area with a
mix of single family homes and townhomes.
This is a combined public hearing procedure, which includes a rezoning and 2 variances from
the development standards. The Commission will forward the rezoning to the Common
Council with or without a recommendation and either approve or deny the variances
The petitioner is seeking the following variance(s):
1) From the required 25' minimum front yard building setback to 15' for Tract 2B;
2) From the required minimum side yard of 5' or 10% of lot width, whichever is greater,
to 4' for Tract 2B
State statutes and the South Bend Zoning Ordinance require that certain standards must
be met before a variance can be approved. The standards and their justifications are as
follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community;
The reduced setback and lot width allow homes to be built in the development that will be
consistent with the adjacent neighborhoods, which should not negatively impact the
general welfare of the community because the appropriate infrastructure is already in place.
(2) The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
The low impact of the development should not affect surrounding property values.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the ordinance would prevent the development from instituting a
neighborhood layout appropriate to this specific location. It's close proximity to downtown
and the river support the request for amore urban residential pattern.
Staff Comments:
The Staff has no additional comments.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation. Staff
recommends approval of the variances.
Analysis:
Redevelopment of this site for single family and townhome style residential will
strengthen the existing Howard Park Neighborhood and address a demand for urban
housing as identified by local developers, real estate professionals, and the Howard Park
Neighborhood Plan.
APC # 2786 -16 Page 3 of 3
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Rezoning from: CITY OF SOUTH BEND
"SF2" SINGLE FAMILY & TWO FAMILY DISTRICT, "MU" MIXED USE DISTRICT,
AND "MFV' URBAN CORRIDOR MULTIFAMILY DISTRICT
to "SF2" SINGLE FAMILY & T VlEtFAMR Y �
AND "MFl" URBAN CORRIDOR UL Lehi CT
w E
MA STER ZONING KEY
SOUTH BEN .D "SF2" SINGLE F.AM ILYAN D TWO FAIJ ILY DISTRICT JUL [ 0 2016 S
SOUTH BEND - MF1 "URBAN CORR ]DO R MULuIFAMILYDI.Ss RICT inch= 200 feet
SOUTH BEND VU" MIXED USE DISTRICT KAREEMAH F0vA 2786-1
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LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571
June 8, 2016
South Bend Common Council
4th Floor, County -City Building
South Bend, IN 46601
RE: Rezoning for 314 & 318 St. Peter St., 401 Notre Dame Ave., and 325 Frances St.
Dear Council Members:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your June 13,
2016 Council meeting, and set it for public hearing at your July 25, 2016. Council meeting. The
petition is tentatively scheduled for public hearing at the July 19, 2016 Area Plan Commission
meeting. The recommendation of the Area Plan Commission will be forwarded to your office by
noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
Matthew P. Chappuies,
Planner
CC: Kathy Cekanski - Farrand
Filed in Clerk's Offs ^
JUIN U8 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W. S T J O 5 E P H C 0 U N T Y 1 N D I ANA. C 0 M /ARE A PLAN
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 314 & 318 ST. PETER STREET, 401 NOTRE DAME AVENUE, AND
325 FRANCES STREET, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioner seeks rezoning to a) allow for the construction of new multi - family dwellings
adjacent to properties currently zoned MF1 Urban Corridor Multifamily District on St.
Peter Street; to b) allow for the construction of new multi - family dwellings on Frances
Street as a transition between SF2 Single Family & Two Family District and MU Mixed
Use District on Frances Street, and to c) allow for single family dwellings along Notre
Dame Avenue adjacent to a portion of the block already zoned SF2 Single Family &
Two Family District.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION I. Ordinance No. 9495 -04, is 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 {EI /2) OF THE NORTHEAST QUARTER {NE 1/4) AND
PART OF THE EAST HALF {E 1/2) OF THE SOUTHEAST QUARTER {SE 1/4) OF
SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC: 865 OF THE
STATE OF INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel 1:
COMMENCING AT THE NORTHEAST CORNER OF LOT 342, OF SAMUEL L.
COTIRELL'S SUBDIVISION, MONUMENTED BY A FOUND I" IRON PIPE; THENCE
SOUTH 000 16'15" EAST, ALONG THE WEST RIGHT OF WAY OF NOTRE DAME
AVENUE {66' RIGHT OF WAY), A DISTANCE OF 132.25 FEET, TO A FOUND REBAR
WITH CAP MONUMENTING THE NORTHEAST CORNER OF LOT 344 IN SAID
COTIRELL'S SUBDIVISION. THENCE SOUTH 89 04 1'52" WEST ALONG THE NORTH
LINE OF SAID LOT 344 TO THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE SOUTH 00 016'15" EAST, PARALLEL WITH THE WEST LINE OF SOUTH
NOTRE DAME AVENUE ,A DISTANCE OF 168.00 FEET TO A POINT; THENCE
SOUTH 89 04 1'52" WEST, PARALLEL WITH THE NORTH LINE OF THE
AFOREMENTIONED LOT 344, A DISTANCE OF 212.85 FEET, TO THE EAST RIGHT
OF WAY OF ST. PETERS STREET; THENCE NORTH 00° 16'43" WEST, ALONG
SAID EAST RIGHT OF WAY, A DISTANCE OF 168.00 FEET TO THE NORTHWEST
CORNER OF LOT 338 IN SAID COTIRELL'S SUBDIVISION; THENCE NORTH 89'41
'52" EAST, ALONG THE NORTH LINE OF SAID LOT 338 AND LOT 344, A DISTANCE
OF 212.87 FEET TO THE AFOREMENTIONED POINT OF BEGINNING.
AND
Parcel 2A:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET
PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN
INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A FOUND REBAR WITH
CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF
WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 102.50
FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH
00 °13'51" EAST, A DISTANCE OF 179.87 FEET TO A POINT; THENCE SOUTH
89 046'09" WEST, A DISTANCE OF 59.50 FEET TO A POINT; THENCE NORTH
00 °13'51" WEST, A DISTANCE OF 59.85 FEET TO A POINT; THENCE NORTH 86 °51
'19" WEST, A DISTANCE OF 148.80 FEET TO A POINT; THENCE NORTH 00 °16'15"
WEST, A DISTANCE OF 110.71 FEET TO A POINT; THENCE NORTH 89 037'04"
EAST, A DISTANCE OF 208.12 FEET TO A POINT; TO THE AFOREMENTIONED
POINT OF BEGINNING.
_►e
Parcel 3:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET
PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN
INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A FOUND REBAR WITH
CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF
WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 384.86
FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH
00 °13'51" EAST, A DISTANCE OF 183.05 FEET TO A POINT; THENCE
SOUTH89'40'41 "WEST, A DISTANCE OF 207.87 FEET TO A POINT; THENCE
NORTH 00 016'15" WEST, A DISTANCE OF 252.00 FEET TO A POINT; THENCE
SOUTH 86 051'19" EAST, A DISTANCE OF 148.80 FEET TO A POINT; THENCE
SOUTH 00 013'51" EAST, A DISTANCE OF 59.85 FEET TO A POINT; THENCE
NORTH 89 046'09" EAST, A DISTANCE OF 59.50 FEET TO THE AFOREMENTIONED
POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOTS 2 AND PART OF LOTS 46
AND 47 OF "RIVER WALK SUBDIVISION" CONTAINING: 2.55 ACRES OF LAND,
MORE OR LESS, AND SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND
RIGHT OF WAYS OF RECORD.
be and the same is hereby established as MF1 Urban Corridor Multifamily District.
SECTION II. Ordinance No. 9495 -04, is 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 (EI /2) OF THE NORTHEAST QUARTER (NE 1/4) AND
PART OF THE EAST HALF (E 1 /2) OF THE SOUTHEAST QUARTER (SE 1 /4) OF
SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC: 865 OF THE
STATE OF INDIANA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel 213:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET
PLAZA MINOR SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN
INSTRUMENT NUMBER 0314133 AND RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY: MONUMENTED BY A FOUND REBAR WITH
CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF
WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 102.50
FEET, TO A REBAR WITH CAP "PALM" MONUMENTING THE SOUTHEAST
CORNER OF SAID LOT 3; THENCE SOUTH 89 °40'59" WEST ALONG THE SOUTH
LINE OF SAID LOT 3, A DISTANCE OF 171.60 FEET TO A FOUND MAG NAIL WITH
TAG "PALM" MONUMENTING THE SOUTHWEST CORNER OF SAID LOT 3, BEING
A POINT ON THE EAST LINE OF LOT 2 OF SAID "WAYNE STREET PLAZA MINOR
SUBDIVISION "; THENCE SOUTH 00° 01'28" EAST A DISTANCE OF 102.68 FEET
TO THE SOUTHEAST CORNER OF SAID LOT 2, MONUMENTED BY A FOUND
REBAR "FIRM 0044 "; THENCE SOUTH 89 °37'04" WEST, ALONG THE SOUTH LINE
OF SAID LOT 2, A DISTANCE OF 36.15 FEET TO THE POINT OF BEGINNING OF
THIS DESCRIPTION; THENCE SOUTH 00° 16'15" EAST, A DISTANCE OF 110.71
FEET TO A POINT; THENCE NORTH 86 °51'19" WEST, A DISTANCE OF 136.24
FEET TO A POINT IN THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE;
THENCE NORTH 00 016'15" WEST, ALONG THE EAST RIGHT OF WAY LINE OF
NOTRE DAME AVENUE, A DISTANCE OF 102.33 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 2; THENCE NORTH 89 037'04" EAST, ALONG THE SOUTH
LINE OF SAID LOT 2,A DISTANCE OF 136.00 FEET TO THE AFOREMENTIONED
POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOT 22 AND PART OF LOT 23 OF
"RIVER WALK SUBDIVISION" CONTAINING: 0.33 ACRES OF LAND, MORE OR
LESS, AND SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND RIGHT OF
WAYS OF RECORD.
be and the same is hereby established as SF2 Single Family & Two Family District.
SECTION III. 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
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
City Clerk
day of
Mayor, City of South Bend, Indiana
1 st READING
PusUC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
2 , at
Filed in Clerk ;s v `
J U N U s
KAREEMAH FOWLER
CITY CLERK, SOUTH SEND, IN
PETITION FOR ZONE MAP AMENDMENT
City of South Bend, Indiana
I (we) the undersigned make application to the City of South Bend Common Council to amend the
zoning ordinance as herein requested.
1) The property sought to be rezoned is located at:
Tract 1: 314 & 318 St. Peter Street and Part of 401 Notre Dame Avenue (0.82 Ac +/ - -)
Tract 2A: Part of 325 Frances Street (0.64 Ac +/)
Tract 2B: Part of 325 Frances Street (0.33 Ac
Tract 3: Part of 325 Frances Street (1.09 Ac +/ - -)
2. The property Tax Key Number(s) is /are:
Tract 1: 018 - 6004 -0096, 018 - 6004 -0097, 018 - 6002 -0040
Tract 2A & 2B: 018 - 6006 -0166, 018 - 6006 - 016603
Tract 3: 018 - 6006 -0166, 018 - 6008 -0183
3) Legal Descriptions: See attached sheetfor legal descriptions
4) Total Site Area: 2.88 Ac +/-
5) Name and address of property owner(s) of the petition site:
River Walk, LLC
314 Catalpa Street
Mishawaka, IN 46545
574- 277 -4171
davidgcenturycustombuilders. com
Gregory J. Gluchowski
1805 North Cedar Street
South Bend, IN 46617
6) Name and address of contingent purchaser(s), if applicable:
River Walk, LLC
(Same as above)
Filed in Clerk's('
=18 6
KAREEMAH F;W
CITY CLERK, SOUTH ICE
7) It is desired and requested that this property be rezoned:
Tract 1: From: SF2 Single Family Two Family District
To: MF 1 Urban Corridor Multifamily District
Tract 2A: From: MU Mixed Use District
To: MF 1 Urban Corridor Multifamily District
Tract 2B: From: MU Mixed Use District
To: SF2 Single Family Two Family District
Tract 3: From: SF2 Single Family Two Family District
To: MF 1 Urban Corridor Multifamily District
8) This rezoning is requested to allow the following use(s):
An appropriate mix of housing types within the urban core of the City of South Bend (as noted
in #7 above), given adjacent existing and approved land uses and existing neighborhood amenities. In
particular, Petitioner seeks rezoning to (a) allow for the construction of new multi family dwellings
adjacent to properties currently zoned MF-1 on St. Peter Street, to (b) allow for the construction of new
multi family dwellings on Frances Street as a transition between SF -2 zoning and MU- zoning on Frances
Street, and to (c) allow for single family dwellings along Notre Dame Avenue adjacent to a portion of the
block already zoned SF -2.
CONTACT PERSON:
Abonmarche Consultants, Inc.
Brian McMorrow, Project Manager
750 Lincoln Way East
South Bend, IN 46601
574- 232 -8700
bmcmorrow@abonmarche.com
Filed in Clerk's
JUN 08
H F0,AIER
CITYCLERK, SOUTH S *ND. IN
BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE -
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON
COULCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s) of all property owner(s), or signature of Attorney for all property owner(s):
Sieradzki
;r Walk, LLC
Gregory J. 6UCOWS6
Filed in Clerk's t
=JUN08
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
F:\Projects\2014 Projects \14 -0764 Riverwalk\Permits and Approvals \South Bend City - Rezoning\2016 -06 -03 Petition for Rezoning.docx
LEGAL DESCRIPTION
14 -0764 RIVERWALK
Tract 1
Re -zone SF2 to MF1
A PART OF THE EAST HALF (El /2) OF THE NORTHEAST QUARTER (NE 1/4) AND PART OF THE
EAST HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, IN
ACCORDANCE WITH TITLE IAC: 865 OF THE STATE OF INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 342, OF SAMUEL L. COTTRELL'S
SUBDIVISION, MONUMENTED BY A FOUND 1" IRON PIPE; THENCE SOUTH 00 °16'15" EAST,
ALONG THE WEST RIGHT OF WAY OF NOTRE DAME AVENUE (66' RIGHT OF WAY), A
DISTANCE OF 132.25 FEET, TO A FOUND REBAR WITH CAP MONUMENTING THE NORTHEAST
CORNER OF LOT 344 IN SAID COTTRELL'S SUBDIVISION. THENCE SOUTH 89 041'52" WEST
ALONG THE NORTH LINE OF SAID LOT 344 TO THE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE SOUTH 00 °16'15" EAST, PARALLEL WITH THE WEST LINE OF SOUTH
NOTRE DAME AVENUE ,A DISTANCE OF 168.00 FEET TO A POINT; THENCE
SOUTH 89 041'52" WEST, PARALLEL WITH THE NORTH LINE OF THE AFOREMENTIONED LOT 344,
A DISTANCE OF 212.85 FEET, TO THE EAST RIGHT OF WAY OF ST. PETERS STREET; THENCE
NORTH 00 016'43" WEST, ALONG SAID EAST RIGHT OF WAY, A DISTANCE OF 168.00 FEET TO
THE NORTHWEST CORNER OF LOT 338 IN SAID COTTRELL'S SUBDIVISION; THENCE
NORTH 89 041'52" EAST, ALONG THE NORTH LINE OF SAID LOT 338 AND LOT 344, A DISTANCE
OF 212.87 FEET TO THE AFOREMENTIONED POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOT 2 OF RIVER WALK SUBDIVISION AND
CONTAINING: 0.82 ACRES OF LAND, MORE OR LESS, AND SUBJECT TO ALL EASEMENTS,
RESTRICTIONS, AND RIGHT OF WAYS OF RECORD.
Filed in Clone!
JUN U8;,
KAREEMkf F VI! L"::
CITY CLERK, SOI.T t BF ,-"4r: tr"F
F: \Projects \2014 ProjectsM4 -0764 Riverwalk \Legal Desc & Surveyor Report \14 -0764 LEGAL tract 1 SF2 to
MF l .docx
LEGAL DESCRIPTION
14 -0764 RIVERWALK
TRACT 2A
Re -zone MU to MFl
A PART OF THE EAST HALF (E1 /2) OF THE NORTHEAST QUARTER (NE 1/4) AND PART OF THE
EAST HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, IN
ACCORDANCE WITH TITLE IAC: 865 OF THE STATE OF INDIANA; BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET PLAZA MINOR
SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN INSTRUMENT NUMBER 0314133 AND
RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A
FOUND REBAR WITH CAP "PALM "; THENCE SOUTH 00 013'51" EAST, ALONG THE WEST RIGHT
OF WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 102.50 FEET, TO
THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 01351" EAST, A
DISTANCE OF 179.87 FEET TO A POINT; THENCE SOUTH 89 °46'09" WEST, A DISTANCE OF
59.50 FEET TO A POINT; THENCE NORTH 00 °13'51" WEST, A DISTANCE OF 59.85 FEET TO A
POINT; THENCE NORTH 86 051'19" WEST, A DISTANCE OF 148.80 FEET TO A POINT; THENCE
NORTH 00 016'15" WEST, A DISTANCE OF 110.71 FEET TO A POINT; THENCE
NORTH 89 037'04" EAST, A DISTANCE OF 208.12 FEET TO A POINT; TO THE AFOREMENTIONED
POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL TO BE KNOW AS PART OF LOT 47 OF RIVER WALK SUBDIVISION
CONTAINING: 0.64 ACRES OF LAND, MORE OR LESS, AND SUBJECT TO ALL EASEMENTS,
RESTRICTIONS, AND RIGHT OF WAYS OF RECORD.
Filed in Clerk's c7
JUN 08 119 �i
KAREEMAHr� }�
CI C K�S FEND, IN
F: \Projects \2014 Projects \14 -0764 Riverwalk \Legal Desc & Surveyor Report \14 -0764 LEGAL tract 2A re-
zone MU to MF1.docx
LEGAL DESCRIPTION
14 -0764 RIVER WALK
Tract "2B"
MU to MF1
A PART OF THE EAST HALF (El /2) OF THE NORTHEAST QUARTER (NE 1/4) AND PART OF THE EAST
HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC: 865
OF THE STATE OF INDIANA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET PLAZA MINOR
SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN INSTRUMENT NUMBER 0314133 AND
RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A FOUND
REBAR WITH CAP "PALM "; THENCE SOUTH 00 °13'51" EAST, ALONG THE WEST RIGHT OF WAY OF
FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 102.50 FEET, TO A REBAR WITH CAP
"PALM" MONUMENTING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 89 °40'59" WEST
ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 171.60 FEET TO A FOUND MAG NAIL WITH
TAG "PALM" MONUMENTING THE SOUTHWEST CORNER OF SAID LOT 3, BEING A POINT ON THE
EAST LINE OF LOT 2 OF SAID "WAYNE STREET PLAZA MINOR SUBDIVISION "; THENCE SOUTH 00° 01'
28" EAST A DISTANCE OF 102.68 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, MONUMENTED
BY A FOUND REBAR "FIRM 0044 "; THENCE SOUTH 89 037'04" WEST, ALONG THE SOUTH LINE OF SAID
LOT 2, A DISTANCE OF 36.15 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
SOUTH 00 016'15" EAST, A DISTANCE OF 110.71 FEET TO A POINT; THENCE NORTH 86 °51'19" WEST, A
DISTANCE OF 136.24 FEET TO A POINT IN THE EAST RIGHT OF WAY OF NOTRE DAME AVENUE;
THENCE NORTH 00 01615" WEST, ALONG THE EAST RIGHT OF WAY LINE OF NOTRE DAME AVENUE, A
DISTANCE OF 102.33 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE
NORTH 89 037'04" EAST, ALONG THE SOUTH LINE OF SAID LOT 2,A DISTANCE OF 136.00 FEET TO THE
AFOREMENTIONED POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL TO BE KNOWN AS LOT 22 AND PART OF LOT 23 OF "RIVER WALK
SUBDIVISION" CONTAINING: 0.33 ACRES OF LAND, MORE OR LESS, AND SUBJECT TO ALL
EASEMENTS, RESTRICTIONS, AND RIGHT OF WAYS OF RECORD.
F: \Projects \2014 Projects \14 -0764 Riverwalk \Legal Desc & Surveyor Report\14 -0764 LEGAL multi - family variance 2.docx
Filed in Clen <'s C
KAREEJUG! o s 2���
MAH FOWLER
CITY CLERK, SOUTH REND, IN
F: \Projects \2014 Projects \14 -0764 Riverwalk \Legal Desc & Surveyor Report\14 -0764 LEGAL PLAT TRACT I.docx
LEGAL DESCRIPTION
14 -0764 RIVERWALK
TRACT 3
Re -zone SF2 to MF1
A PART OF THE EAST HALF (E1 /2) OF THE NORTHEAST QUARTER (NE 1/4) AND PART OF THE
EAST HALF (E 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 12, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, IN
ACCORDANCE WITH TITLE IAC: 865 OF THE STATE OF INDIANA; BEING MORE, PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER, OF LOT 3, OF "WAYNE STREET PLAZA MINOR
SUBDIVISION, AS SAID SUBDIVISION IS DESCRIBED IN INSTRUMENT NUMBER 0314133 AND
RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; MONUMENTED BY A
FOUND REBAR WITH CAP "PALM "; THENCE SOUTH 00 013'51" EAST, ALONG THE WEST RIGHT
OF WAY OF FRANCES STREET (66 FOOT RIGHT OF WAY), A DISTANCE OF 384.86 FEET, TO
THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 013'51" EAST, A
DISTANCE OF 183.05 FEET TO A POINT; THENCE SOUTH 89 °40'41" WEST, A DISTANCE OF
207.87 FEET TO A POINT; THENCE NORTH 00 11615" WEST, A DISTANCE OF 252.00 FEET TO A
POINT; THENCE SOUTH 86 051'19" EAST, A DISTANCE OF 148.80 FEET TO A POINT; THENCE
SOUTH 00 013'51" EAST, A DISTANCE OF 59.85 FEET TO A POINT; THENCE
NORTH 89 046'09" EAST, A DISTANCE OF 59.50 FEET TO THE AFOREMENTIONED POINT OF
BEGINNING.
ABOVE DESCRIBED PARCEL TO BE KNOW AS LOT 46 AND PART OF LOT 47 OF RIVER WALK
SUBDIVISION CONTAINING: 1.09 ACRES OF LAND, MORE OR LESS, AND SUBJECT TO ALL
EASEMENTS, RESTRICTIONS, AND RIGHT OF WAYS OF RECORD.
Filed in Clerk's Off
EJUIN08 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
F: \Projects \2014 Projects \14 -0764 Riverwalk \Legal Desc & Surveyor Report \14 -0764 LEGAL tract 3 re-
zone SF2 to MF1.docx
Mate of Indian'
Office of $.e
�eeretaIT Of !"I lte
CERTIFICA`T` AN
E
C)F C)RCxIZA 'rIC)N
of.
RIFER pion of the abov e
-tides of c)r�aniz�
f State of Ilidiana. hereby Ce ent that Ai : 1ed b`' the
•u-� o resented to ate at 1n� of#1ee- aca L ll�pall►ecl b�� the
I. C onnie Lawson. Secret _ LLC) has beef p
e docuatentatioa presented coltforals to 11 as ple.
-Domestic Liatited L�t�band that phaa C
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'es prescribed b� 1
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t isions cif Ale Indlan� Bus nes' FlesibilitY pct.
_ �. THEREFORE. tcith this tk,cr►nteat I certlf�
that said trju saction will become effective ThUrsdaN•-
NU
April 1(.1.2014-
In Witness Whereof. I hat e cState of ndiana- at the C it<' Of
siiMature and the seal of the
ST/lTr hidianapplis. April l(). 21? 1
Page 1 of 1
Transaction
CO NNTE LAVA SON -
tiECRETARY (�F STATE
FLED
JUN 0 8 2016
AREA PLAN COMMISSION
m
Filed in Clerk's uu:
jUN,l 08 2016
KAREEMAH FOWLER
CITY CLERK , SOUTH BEND, I�
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