HomeMy WebLinkAboutRezone - 4210 Lincolnway West - Beacon Bowl Acquisition Co.ORDINANCE No. a,3sss
Passed by the Common Council of the Ciry of South Bend, Indiana
November 25, 19 96
Attest:
Attest• '~~~~
Presented by me to the Mayor of the Ciry of South Bend, Indiana
November 26,
Ciry Clerk
President of Common Council
19 96
Ciry Clerk
Approved and signed by me ~~ 19 ~_
e L.e,(sls, G.
Mayor
a" ~( 2
ORDINANCE N0. U ~~J K1
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 4210 LINCOLNWAY WEST, SOUTH BEND, INDIANA
BEACON BOWL ACQUISITION COMPANY, INC.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, THAT:
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:
PARCEL I: A lot or parcel of land in the Southwest Quarter of
Section 33, Township 38 North, Range 2 East, described as follows:
Commencing at the point where the West line of Section 33, Township
38 North, Range 2 East intersects the South line of the Michigan
Road (now known as Lincoln Highway); thence in a Southeasterly
direction along the Southerly line of said road, 1487.3 feet for a
place of beginning; thence South 612 feet to the South line of
Section 33, Township 38 North, Range 2 East, the same being the
center line of Edison Road; thence East along the South line of
said Section a distance of 200 feet; thence North 529.6 feet to the
South line of the Michigan Road (now known as Lincoln Highway);
thence Northwesterly along the Southerly line of the Michigan Road
(now known as Lincoln Highway) 217.14 feet to the place of
beginning.
PARCEL II: A lot or parcel of land in the Southwest Quarter of
Section 33, Township 38 North, Range 2 East, described as follows:
Commencing at a point 1365.5 feet East of the Southwest corner of
said Section 33, Township 38 North, Range 2 East; thence North
parallel with the West line of said Section, a distance of 612 feet
to the Southerly boundary of Michigan Road (now known as Lincoln
Highway); thence in a Northwesterly direction along said Southerly
line of said road, a distance of 68.19 feet; thence South parallel
with the West Section line, a distance of 637.11 feet to the South
line of said Section; thence East along said South line of said
Section, a distance of 62.05 feet to the place of beginning.
Be, and the same hereby is, established as "C" Commercial, "E"
Height and Area, and
PARCEL III: A lot or parcel of land in the Southwest Quarter of
the Southwest Quarter of Section 33, Township 38 North, Range 2
East, described as follows: Beginning on the South line of Section
33 at a point 1105 feet East of the Southwest corner of said
Section 33; thence North on a line parallel with the West line of
said Section, a distance of 428.31 feet; thence East 198.45 feet;
thence South on a line parallel with the West line of said Section
33, a distance of 428.31 feet, more or less, to the South line of
said Section; thence West 198.45 feet to the place of beginning;
Be, and the same hereby is, established as "C" Commercial, "A"
Height and Area.
cFrmTnrv ~
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, Common Council
1st READING 9~~. ~~
PU6UC HEARING I~- -~5-~~
3rd READING ~~- 2~j- j//°
NOT APPROVED 2
REFERRED _
PASSED ~~-.2.5'~~ ~1S An~PJ(:ED Qy 7~~is sutsn~naN.
Filed in Cis: ~~, `~ Office
5EP 1 ~` 1a~6
LORETTA J. 1)UCA
CITY CLERK, 90. EEtdD, IN.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND:
Your Committee
to whom was referred
BILL NO.
76-96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 4210 LINCOLNWAY WEST, SOUTH BEND, INDIANA -BEACON BOWL
ACQUISITION COMPANY, INC.
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommend to the Council favorably, as amended by substitution.
Sean Coleman
Chairman
REZONING PETITION OF BEACON HOWL ACQUISITION COMPANY, INC.
Dated Filed:
Application No.
Date received by the Area Plan Commission:
-------------------------------------------------------------------
The undersigned hereby makes application to the Common
Council of South Bend, Indiana, to amend the Zoning Ordinance as
herein requested.
1. The property sought to be rezoned is located at 4210
Lincolnway West, South Bend, Indiana.
2. The name and address of the property owner of the
petition site is Beacon Bowl Acquisition Company, Inc., 4210
Lincolnway West, South Bend, Indiana.
3. There is no contingent purchaser.
4. It is desired and requested that the property be
rezoned from "C" Commercial, "C" Height and Area and "B"
Residential, "A" Height and Area to "C" Commercial, "A" Height and
Area and "C" Commercial, "E" Height and Area.
5. The rezoning is requested to allow the following
uses: Bowling Alley, Restaurant, Lounge and related activities.
6. Attached is a copy of (a) legal description of the
property; (b) 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 build-
ing permit within the specified time period, causes the zoning of
the petitioned property to revert to the initial zoni lassifica-
tion. Under certain conditions, a time extension o th submittal
of the final site plan may be requested.
Filed in Cierk'~ Office
SEA 1 7 1996
LORE7TA J. DUDA
CITY CLERK. SO. BEND, IN.
,,,~„~<,
John B. Ford, Attorney for Property
Owner
Jones, Obenchain, Ford, Pankow,
Lewis & Woods
1800 Valley American Bank Building
Post Office Box 4577
South Bend, Indiana 46634-4577
Telephone: (219) 233-1194
Petition prepared by John B. Ford, Attorney at Law, 1800 Valley
American Bank Building, Post Office Box 4577, South Bend, Indiana
46634-4577.
',
ST JOSEPH COUNTY/SOUTH BEND
BUILDING DEPARTMENT
205 W. Jefferson Blvd.
Suite 100
South Bend, IN 46601
(219) 235-9554
TDD 219-235-5567
FAX 219-235-5541
DONALD F. FOZO, C.B.O.
BUILDING COMMISSIONER
July 25, 1996
RE: 4210 Lincohlway West
Beacon Bowl, Inc.
TO WHOM TT MAY CONCERN:
This is to inform you that the above referenced property was rezoned to a site plan in 1977.
Therefore, it is this office's opinion that this is a legal non-conforming use of the property and can
continue to be used as such.
If you have any questions, please feel free to contact this office.
Sincerely,
~'~ ,z .
Donald F. Fozo C.B 573
Building Commissioner
DFF:cmb
`;.
JAMES D. MARKLE, R.A.
Asst. Bidg. Commissioner
ROBERT M. NAGLE
Asst. Zoning Administrator
AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN
RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director
140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9$13
October 16, 1996
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Beacon Bowl Acquisition
Company, Inc. to zone from "C" Commercial, "C" Height and Area; and "B"
Residential, "A" Height and Area to "C" Commercial, "A" and "E" Height and Area,
property located at 4210 Lincolnway West, City of South Bend - APC #1735-96
Dear Council Members:
The above referenced ordinance and site development plan of Beacon Bowl
Acquisition Company, Inc, was legally advertised October 3, 1996. The Area Plan
Commission at its public hearing on October 15, 1996, took the following action:
Upon a motion by John DeLee, being seconded by Joseph Serge and unanimously
carried, the proposed ordinance and site development plan of Beacon Bowl
Acquisition Company, Inc. to zone from "C" Commercial, "C" Height and Area; and
"B" Residential, "A" Height and Area to "C" Commercial, "A" and "E" Height and
Area, property located at 4210 Lincolnway West, City of South Bend is sent to the
Common Council with a favorable recommendation, subject to a final site
development plan. The site has been used as a bowling alley for a number of
years and this action would correct the errors of the original rezoning to "C"
Commercial.
PLEASE NOTE that the Ordinance has been amended by the petitioner to show a
height and area designation that 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.
Si re y,
o ~er W. SanGt.~~
RWS:sr
Attachment
CC: Beacon Bowl Acquisition Company, Inc.
CC: John B. Ford, Attorney
Filed to Ctertc's Office
4 C T 1 6 9995
LORETTA J. ~itfilR
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, I
STAFF REPORT October 7, 1996
Beacon Bowl Acquisition Company. Inc. 1735-96
Location: 4210 Lincolnway
West
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "C" Commercial, "C" Height and Area; and
"B" Residential, "A" Height and Area to "C"
Commercial, "A" and "E" Height and Area to
allow a bowling alley, restaurant, lounge, and
related activities.
EXISTING LAND USE: The property contains a bowling alley.
SURROUNDING LAND USE AND ZONING: Located to the north are warehouses,
industrial buildings, and a bank zoned "D"
Light Industrial, "F" Height and Area; to the
east is a restaurant zoned "C" Commercial, "E"
Height and Area and vacant land zoned "B"
Residential, "A" Height and Area; to the south
are single family homes and a school zoned "A"
Residential,,"A" Height and Area; and to the
west is a single family home zoned "R"
Residential and commercial buildings zoned "C"
Commercial in the County.
ACCESS: Access to the site is from Lincolnway West.
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 5 acres. Of
that, the buildings will occupy 1.1 acres, or
22 percent of the site; the parking and drives
will occupy 2.7 acres 54 percent of the site;
and 1.2 acres or 24 percent of the site will
remain as open space.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
wetlands, flood or environmental hazard areas
are present. The site is near the Airport
wellfield.
SITE PLAN•
The site plan is preliminary.
AGENCY COMMENTS:
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REZONING FROM: "C" COMMERCIAL, "C" HEIGHT & AREA, &
"B" RESIDENTIAL, "A" HEIGHT & AREA
T0: "C" COMMERCIAL, "E" & "A" HEIGHT & AREA n t
PETITION AREA ® Iv
SOUTH BEND ZONING APC #1735-96
"A" RESIDENTIAL O
"B" RESIDENTIAL D 0 100 200 400
"C" COMMERCIAL ~~ I..~t r
"D" LIGHT INDUSTRIAL O Graphic S c a l e
ST. JOSEPH CO. ZONING
"R" RESIDENTIAL O
"C" COMMERCIAL O
AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN
RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director
~-1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813-~
November 26, 1996
Ms. Loretta J. Duda, City Clerk
4th Floor, County-City Bldg.
South Bend, Indiana 46601
RE: Beacon Bown Acquisition Company, Inc.
4210 Lincolnway West
APC No. 1735-96
Dear Ms. Duda:
Enclosed are five (5) copies of the Final Site Plan for the above referenced
petition, approved by the Area Plan Commission Staff on November 26, 1996.
This rezoning to "C" Commercial, "A" and "E" Height and Area, was passed by
the Common Council on November 25, 1996, and assigned Ordinance Number
8735-96.
If you have any questions, please don't hesitate to call.
Sincerely,
J es Voll
Planner
JV:sr
Enclosures
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County,•