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Home My WebLink AboutRezone- 195' NE of Intersection of Prairie/Locust ORDII�IAI�IG� I�Io. 8791-97 Passed by the Common Council of the City of South Bend,Indiana June 9, 19 97 Attest. � - � :. �r City Clerk LORE A J.D A Attesh. � � President of Common Council Presented by me to the Mayor of the Ciry of South Bend,Indiana June 10, 19 97 i ' t�� City Clerk LORE A J.D A Approved and signed by me ,Tune 10 19 97 �t� e� �--- Mayor o��No. ��9/9 7 AN ORDINANCE AMENDING TI�ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEAST OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY 5IDE OF PRAIRIE AVENUE 1N THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTYON 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: A parcel of land being a part of the West Half of the Northeast Quarter of Section 22, Township 37 North,Range 2 East,Portage Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Northwest corner of said Quarter Section; thence North 89-35'-35" East(bearing assumed)along the North line of said Quarter Section, a distance of 633.99 feet; thence South 00-24'-25"East, a distance of 40.00 feet to the Northwest corner of Luan's Replat of Peak's First Addition and being the point of beginning for this description;thence North 89-35'-35"East along the North line of Lot G of said Luan's Replat of Peak's First Addition to the Northeast Corner of Lot G,A distance of 93.01 feet; thence South 00-16'29"East, a distance of 174.72 feet; thence South 61-29'-27" West, a distance of 601.32 feet; thence North 00-00'-48"West,A distance of 225.00 feet to the south right-of-way line of Prairie Avenue; thence North 61-29'-27"East along said south rig;ht-of-way line a distance of 494.59 feet to the point of beginning of this description containing 2.67 acres more or less. � be and the same is hereby established as C -Commercial,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. � Member of the Common Counci Filed in Cf�rSaw.�*,. ��fi�� lst ;�EADING �—��,q P !:;LIC HEARING 6—C)`q� �PR 2 2. 1997 � rd READING � � fvOT APPROV�D ��- �� L�Fi�Tfli J. DUD,� REFERRED ClTY CLEii w�'9.R�h'A.I;�. PASSED �O� I�� J SUWT��/C.D .._._...,...- - _�_.. ,., ..,..v.�._..,z.- . COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee to whom was referred BILL NO. 31-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195 ' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have ezamined the matter and that in their opinion, this bill is being sent to the Council with a.f'avorable recommendation, as substitutec� Sean Coleman Chairman � Date Filed Application No. ��V�� , 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. 1) The property sougl�t to be rezoned is located at: Approximately 195' Northeasterly from the intersection of Prairie Avenue and Olive Street, lying on tl�e southerly side of Prairie Avenue. 2) Name and address of propetty owner of the petition site: Emerson Forest LLC Chaang-Huei Luan, President 51390 Norwich Drive Granger, indiana 46530 Phone(219) 256-7169 3) Name and address of contingent purchaser, if applic�ble: none 4) It is desired and requested tliat this property be rezoned from a combination of A- Residential, A-I-Ieight and Area and �• C-Commercial,A-Height and Area to all GCommercial, A-Heibht and Area 5) This rezoning is requested to allow the following use: � To operate office buildings and retail stores. 6) �lttached 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; (c) six site plans; and (d) addressed, stamped envelopes for all property owners within 300 of the petition property. 7) By signin�tliis petition, l and any contingent purchaser understand that if the Council Approves this petition to rezone, it may be approved subject to the subtnittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1)year ofthe Council's uction. In addition, a building permit must be issued for the use indicated on the petition wit}iin one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit witl�in the speci6ed time period,causes the zoning of the petitioned property to revert to the initial zonin�classification. Under certain conditions, a time extension o e submittal of tf�e final site plan may be requested. Emerson r est LLC Chaang-Hue Luan, President 51390 Nonvich Drive Granger, Indiana 46530 PETITION PREPARED BY: Lang,Feeney&Associates, Inc. Attn. J. Bernard Feeney FiILd (n �I�I'��'� pf�j�� 715 South Michigan Street South Bend, Indiana 46601 �PR 2 3 �9s7 ; � LO€�ETTt�J. �i,r�r `�., Cl7YCLEFiY.,R�- �:�;), � A PARCEL OF LANQ BEING A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, P�RNDIANAaANDHBEINGIMOREFPARTICULARLY DESCROBEDHAS COUNTY, FOLLOWS : COMMENCING AT 'PFiE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NvRTH 89-35' -35" EAST (BEARING ASSUMED) ALONG THE NORTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 633 . 99 FEET; THENCE SOUTH 00-29 ' -25" EAST, A DISTANCE OF 90 . 00 FEET TO THE NORTHWEST CORNER OF LUAN ' S REPLAT OF PEAK ' S FIRST ADDITION AND BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 89-35 ' -35" EA3T ALONG THE NORTH LINE OF LOT V OF SAID LUAN ' S REPLAT OF PEAK' S FIRST ADDITION TO Tf1E NORTHEAST CORNER OF LOT G, A DISTANCE OF 93 . 01 FEET; THENCE SOUTH 00-16 ' -29" EAST, A DISTANCE OF 174 . 72 FEET; THENCE SOUTH 61-29 ' -27" WEST, A DISTANCE OF 601 . 32 FEET; THENCE NORTH 00-00 ' -98" WEST, A DISTANCE OF 225 . 00 FEET TO TNE SOUTH RIGHT-OF-WAY LINE OF PRAIRIE AVENUE; THENCE NORTH 61-29 ' �59"FEETTTOT�HE POINTSOF�BEGINNINGFOFATHISNDESCRIPTIONE OF 494 CONTAINING 2 . 67 ACRES MORE OR LESS . Filet� in �1��°�.� �fi�ic� " APR - 9 1997 �o�rrr�.,�. ��, . � cmr cte�s:,��.e�r��,�A�, w...�_wr�n�,.��.a..t ' i- t _ ' � I I2ANDAL JON�S STEVEN FLAIM 2304 HIGHLAND 5TREET � 2221 CARLISLE 5TREET ' • SOUTH B�ND, IN 46613 SOUTH BEND, IN 46613 GERALD ZOCK GERALD ZOCK 2311 HIGHLAND 2311 HIGHLAND STRE�T SOUTH BEND, IIV 46613 SOUTH BEND, IN 46615 LAWRENCE LOWELL MANN GUSTAVE & SHIRLEY KOHLER 1022 34TH STREET 2219 EWING AVE SOU'TH BEND, IN 46615 SOU1'H B�IVD, IIV 46613 CHRISTOPHER KOHLER CALVERT ROD & GUN CLUB 2219 CWING AVE 2203 W EWING SOUTH BEND, IN 46613 SOUTH BEND, IN 46613 TIBOR & MARGARETH FOLDING S&E LEOPOLD, E HANZ 2205 GERTRUDE 25595 KERIV ROAD SOUTH BEIVD, IN 46613 SOUTH BEND, IN 46619 GEORGE RADMAIV CHAANG-HUEI & SARAH LUAIV 2413 PRAIRIE AVE 51390 NORWICH DRIVE SOUTH BEND, IN 46614 GRANGER, IN 46530 EMERSON FOREST LLC CITY OF SOUTH BEND 51390 NORWICH DRIVE GRANGER, IN 46530 JAM�S & ELEN BROWN GREGORY & DEBORAH COTTER 2322 OLIVE STREET 2335-37 PRAIRIE AVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 • R&B LIMITED WAYNE BOOCHER 227 CLEVELAND ROAD, STE 5 20972 W ROOSEVELT ROAD GRANGER, IN 46530 SOUTH BE1VD� IN 46614 GERALD & SUSAN BOOCHER 2502 LOCUST ROAD SOUTH BEIVD, IN 46614 • �I�Qt� Efl �$��'�t�� APR - 9 ig97 � �on�rrra,�.au�� . CI'tY CLE�4S.,:?�.F3��:D,It�3> .,�,.a._,�.�...�,.�..�,x '' ' Area Plan Commission of St. Joseph County � � 1140 County-City Building South Bend, Indiana 46601 Robert W. Sante .lohn W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 May 21, 19 9 7 /�,� The Honorable Common Council ��L�� I v� � �I ��f City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Emerson Forest LLC to zone from "A" Residential, and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located on the south side of Prairie Avenue, approximately 195 feet northeasterly from the intersection of Prairie Avenue and Olive Street, City of South Bend - APC #1770-97 Dear Council Members: The above referenced ordinance and site development plan of Emerson Forest LLC was legally advertised May 8, 1997. The Area Plan Commission at its public hearing on May 20, 1997, took the following action: Upon a motion by Bruce Huntington, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Emerson Forest LLC to zone from "A" Residential, and "C" Commercial, "A" Height and Area to "C" Commercial, "A�� Height and Area, property located on the south side of Prairie Avenue, appzoximately 195 feet northeasterly from the intersection of Prairie Avenue and Olive Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. The petition area is bordered by commercial zoning to the west and north. A portion of the site is currently zoned "C" Commercial. In addition, the site has been zoned to "C" commercial on two previous occasions for similar uses, but reverted due to the failure to submit a final site plan. It is the Commission's opinion that the proposed commercial and office uses should not have a detrimental effect on the surrounding 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 re y, v� (�/ "lyG�� FI�@ �.� d �n �I�rj� � ��, Ro ert W. Sante (�— I , RWS:sr i-lHi 2 � �J97 Attachment L�R�TT/9J. DilD�.", CC: Emerson Forest LLC cl7YCieRt;��.�,p,�fd��1,'!, CC: Lang, Feeney & Associates, Inc. Serving South Bend, Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County, Indiana ,r . a ` , . STAFF REPORT May 12, 1997 Emerson Forest LLC 1770-97 Location: on the south side of Prairie Avenue, approximately 195 feet northeasterly from the intersection of Prairie Avenue and Olive Street City of South Bend REOUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow office buildings and retail stores. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to tihe north is a fire station zoned "C" Commercial, ��A" Height and Rrea and single family homes zoned "A" Residential, "A�� Height and Area; to the east are single family homes zoned "A" Residential, "A" Height and Area; to the south are single family homes and vacant land zoned "A" Residential, "A" Height and Area; and to the west is a commercial property zoned "C" Commercial, "F" Height and Area. ACCESS: Access to the site is from State Road 23. WATER SOURCEISEWAGE 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 2.67 acres. , Of that, the buildings will occupy 20,225 square feet, or 17 percent of the site; the . parking and drives will occupy 1.5 acres, or 55 percent o£ the site; and 32,907 square feet or 28 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: In 1990, this site was zoned "C" commercial for retail uses, but due to the failure to submit a Final Site Plan the zoning reverted. (APC 1301-89 & APC 1354-90) In 1995, this site was zoned '�C" Commercial for retail and office uses, but due to the failure to submit a Final Site Plan the zoning reverted. (APC 1649-95) ,+ . STAFF REPORT May 12, 1997 PRELIMINARY STAFF RECOMMENDATTON: 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 site development plan. The petition area is bordered by Commercial zoning to the west and north. A portion of the aite is currently zoned "C" Commercial. In addition, the site has been zoned to "C" commercial on two previous occasions for similar uses, but reverted due to the failure to submit a final site plan. It is the Staff's opinion that the proposed commercial and office uses should not have a detrimental effect on the surrounding area. . , . . , • , ` t33 . . . � 6t 4S � . a�s t�e �n N t�s t�� N �es i�� N se N ►— �as �ss � :�e sr� t�: i�i si N � �e� iei �eo �ee »� �c �s� 60 �� HI LLS ! OE AVE . +e ,s. ., ie� iso zes :es »e �e s9 �ee tss Do tee te�:ee :es »o :n :�: :�a �� F— 106 Z 1S1 1D0 14E • ! 293 37 1S7 yy 30 Q 190 147 � . � . J09 ]0� �00 703 )0� 296 1 SE s� St U, �� 140 ]0] )07 �Ol 700 7!9 7tE 297 �S9 W 192 ,93 ��s H I G H L A N D A V E . J � S6 s� s� P� ,�. �„ a N a N �� io ��i ��> >i��s � ie ��> >ie��s �:o �:� �:z — �e� 60 � -� t Oz � I Q ,.s �o _ ��3 � Q Q t 97 t f6 1 93 111 J 3�1 770 J29 72! 377 7i6 )SS Jt4 V � I� I I � �73 �34 JJ� 3J7 = t s0 �7 J76 d a �y EWING � � N AVE . „ ,o � . e ��, `z � a s � R 5. n�c sunw F E o� e }-� a � B A � a es 3 � "u' 3 S 4 S 6 7 � RCfTAUR�NT �se139 � � P T I T N 13 �se �� A � �� j. V"�Y c�� as ' aQ �� o{� �3. e.�� ` P� U S�� Q R � �� °� " �� °� n ' ° o � � Q°� O T� R[S. 6� W � � � s . O REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA & "C�� COMMERCIAL, °A" HEIGHT & AREA T0: ��C" COMMERCIAL, "A" HEIGHT & AREA (� l PETITION AREA � � V SOUTH BEND ZONING APC #1770-97 "A'� RESIDENTIAL � 0 100 200 400 "8" RESIDENTIAL O � r•�+ "C" COMMERCIAL O °D" LIGHT INDUSTRIAL L.� G r a p h i c S c a I e