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Home My WebLink AboutZoning - 2334 Prairie Ave i ORDINANCE No. 8675-96 Passed by the Common Council of the City of South Bend, Indiana. May 28, 19 96 !4 Attest: l Or - City Clerk LORETT• J. DU Attest: Z/--� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana__ May 29, 96 '9 1/ City Clerk LORET A J. UDA Approved and signed by me %�� / a5,0 zg_kez_ Mayor ORDINANCE NO. n-75 -% AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2334 PRAIRIE AVENUE 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: PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: ALL OF LOT "A" OF THE PLAT OF "R & B LIMITED SUBDIVISION" RECORDED BY DOCUMENT NO. 9132451 AND ALL OF LOT 9 OF "MARGARET A. BOOCHER MINOR SUBDIVISION" RECORDED BY DOCUMENT NO. 8809008 BOTH AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND ALSO A PORTION OF THE THE NORTHEAST QUARTER OF SAID SECTION THE BOUNDARY OF SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "A" THENCE ALONG THE SOUTH LINE OF PRAIRIE AVENUE FOR THE NEXT TWO COURSES N. 60°- 16'-03" E. , 141.26 FT. AND N. 61° -29'-27" E. , 53.48 FT. ; THENCE ALONG THE EAST LINE OF SAID LOT "A" AND ITS SOUTHERLY EXTENSION S. 00°-00'-48" E. , 355.62 FT. MORE OR LESS TO A POINT WHICH IS N. 90°-00'-00" E. , 46.38 FT. MORE OR LESS FROM THE SOUTHEAST CORNER OF SAID LOT 9; THENCE S. 90°-00'-00" W. , 169.09 FT. TO THE SOUTHWEST CORNER OF SAID LOT 9 AND THE EAST LINE OF LOCUST ROAD; THENCE N. 00°— 00'-00" E. ALONG SAID EAST LINE, 110.00 FT. TO THE SOUTHWEST CORNER OF SAID LOT "A"; THENCE CONTINUING ALONG SAID EAST LINE, N. 000-00'-48" W. , 150.98 FT. TO THE POINT OF BEGINNING. CONTAINING 1.09 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL, "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 Cc NCIL • COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 15-96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2334 PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Cou.ncil favorably. Cleo Washington Chairman REVISED 03/26/96 DATE FILED APPLICATION NO. j �` L' DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION THE COMMON COUNCIL 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: 2334 PRAIRIE AVENUE SOUTH BEND, INDIANA 46614 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: R. & B. LIMITED CHAANG & SARAH LUAN 227 E. CLEVELAND ROAD 51390 NORWICH GRANGER, INDIANA 46530 GRANGER, INDIANA 46530 PHONE NUMBER (219)272-6955 PHONE NUMBER (219)256-7169 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: N.A. 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL, "A" HGT. & AREA AND "C" COMMERCIAL "F" HGT. & AREA TO "C" COMMERCIAL, "F" HGT. & AREA 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . RECONSTRUCTION & EXPANSION OF A CONVENIENCE STORE WITH GAS PUMPS. 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; (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 MAY BE REQUESTED. SIGNED, Ntlz,NrAIL,FetilMIKE DOBSON R. & B. LIMITED & FOR CHAANG & SARAH LUAN PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: ALL OF LOT "A" OF THE PLAT OF "R & B LIMITED SUBDIVISION" RECORDED BY DOCUMENT NO. 9132451 AND ALL OF LOT 9 OF "MARGARET A. BOOCHER MINOR SUBDIVISION" RECORDED BY DOCUMENT NO. 8809008 BOTH AS SHOWN IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND ALSO A PORTION OF THE THE NORTHEAST QUARTER OF SAID SECTION THE BOUNDARY OF SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT "A" THENCE ALONG THE SOUTH LINE OF PRAIRIE AVENUE FOR THE NEXT TWO COURSES N. 60°- 16'-03" E. , 141.26 FT. AND N. 61°-29'-27" E. , 53.48 FT. ; THENCE ALONG THE EAST LINE OF SAID LOT "A" AND ITS SOUTHERLY EXTENSION S. 00°-00'-48" E. , 355.62 FT. MORE OR LESS TO A POINT WHICH IS N. 90°-00'-00" E. , 46.38 FT. MORE OR LESS FROM THE SOUTHEAST CORNER OF SAID LOT 9; THENCE S. 90°-00'-00" W. , 169.09 FT. TO THE SOUTHWEST CORNER OF SAID LOT 9 AND THE EAST LINE OF LOCUST ROAD; THENCE N. 00°- 00'-00" E. ALONG SAID EAST LINE, 110.00 FT. TO THE SOUTHWEST CORNER OF SAID LOT "A"; THENCE CONTINUING ALONG SAID EAST LINE, N. 00°-00'-48" W. , 150.98 FT. TO THE POINT OF BEGINNING. CONTAINING 1.09 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Pk PEIRCE '& ASSOCIATES _ " _ Land Surveyors & Professional Engineers H. Douglas Peirce L.S. Ronald Harner L.S. Michael J. Danch L.A. Michael A. Bramlett P.E. Honorable Common Council March 1, 1996 of the City of South Bend 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for R. & B. Limited and Chaang & Sarah Luan for 2334 Prairie Avenue, South Bend: Dear Council Members: Attached please find a Rezoning Application form, Ordinance form and Site Plan for a proposed Rezoning for 2334 Prairie Avenue, South Bend. On behalf of our clients, R. & B. Limited and Chaang & Sarah Luan we are requesting the Rezoning to allow for the reconstruction of a new Convenience Store with a Canopy over a gas pump islands at the southeast corner of Prairie Avenue and Locust Road (Olive Street) in South Bend. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, - AO 8i Michael J. Danch d Vice President Planning File # 960273 Lewp Md Disk # 81 . — 1 t f MAR 0 6 1996 g • 3231 Sugar Maple Court, South Bend, Indiana 46628 219/234-4003 Fax 219/234-4119 208 West Mars, Berrien Springs, Michigan 49103 616/471-3010 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 \ April 17, 1996 iSILL fhl 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 R. & B. Limited and Chaang Huei and Sarah Luan to zone from "A" Residential, "A" Height and Area; and "C" Commercial, "F" Height and Area to "C" Commercial, "F" Height and Area, property located at 2334 Prairie Avenue, City of South Bend - APC #1710-96 Dear Council Members: The above referenced ordinance and site development plan of R. & B. Limited was legally advertised April 4, 1996. The Area Plan Commission at its public hearing on April 16, 1996, took the following action: Upon a motion by Henry Keultjes, being seconded by John Hosinski and unanimously carried, the proposed ordinance and site development plan of R. & B. Limited and Chaang Huei and Sarah Luan to zone from "A" Residential, "A" Height and Area; and "C" Commercial, "F" Height and Area to "C" Commercial, "F" Height and Area, property located at 2334 Prairie Avenue, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. The proposed rezoning would allow for the expansion and reconstruction of a convenience store with gas pumps. The portion of the subject property presently zoned "A" Residential was previously zoned "C" Commercial. In the Commission's opinion this use is appropriate for 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. Sincerely, Richard S. Johnson RSJ:sr Attachment CC: R. & B. Limited Filed in Clerk's Office CC: Chaang Huei and Sarah Luan CC: Peirce & Associates APR 171996 LORETTA J. DUDA CITY CLERK,SO.BEND.IN. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN V STAFF REPORT April 8, 1996 R. & B. Limited 1710-96 Location: 2334 Prairie Avenue City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area; and "C" Commercial, "F" Height and Area to "C" Commercial, "F" Height and Area to allow the reconstruction and expansion of a convenience store with gas pumps. EXISTING LAND USE: The property contains a gas station and convenience store. SURROUNDING LAND USE AND ZONING: Located to the north is a restaurant and a industrial building zoned "D" Light Industrial, "E" Height and Area, a fire station and a single family home zoned "C" Commercial, "A" Height and Area; to the east is vacant land zoned "A" Residential, "A" Height and Area; to the south is vacant land and single family homes zoned "A" Residential, "A" Height and Area; and to the west are a vacant building and a commercial building zoned "C" commercial, "A" Height and Area; and single family homes, an office, and vacant land zoned "A" Residential, "A" Height and Area. ACCESS: Access to the site is from Prairie Avenue and Locust Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is approximately 1 acre. Of that, the buildings will occupy 6,387 square feet, or 13.5 percent of the site; the parking and drives will occupy 31,244 square feet, or 70.5 percent of the site; and 9,850 square feet or 16 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that the site is in a wellfield area, but no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is final. AGENCY COMMENTS: 148 8 I I I I I \ 158 • 24� 295 F-- 205 = 190 147 CD 309(�) 249 204 Q 191 ' 146 V 309 309 7 306 305 304 298 Z 0 303 302 301 300 299 298 INI1111, �k'' CO m 192 moo 0 297 . si. Ja MN < 193V „_„A!/14s �LJ� HIGHLAND AVE J 194 Q 201 143 1-• 310 311312 314 315 a 322 --____T------____T---- 142 to / 313 a 316 317 318 319 320 321 -3 323 I 255 254 253 200 199 196 197 118 195 -� Q ( c _ rJ t�J E • 335 334 333 332 = 331 330 329 328 327 326 325 324 r RES. 337 336 a. E W I N G z.O. 47x3-65 AVE . 18 17 16 15 14 13'1,2 11 10 9 fill LJ18I I.8 W .(( itt1t■ RES FIRE 55M J I r dt1111111111 47 48 49 50 51 32 33 54 G iI 58 RES O REST ��` PAP ( 18 a•'. VICTORIA 19I 1 - -Y 14 1 limppv ;;JTa 80 59 APC 1354-90 ZO 6129-90 W 61 (\1� EXPIRED PC 1022-86 li �1�\ APC 1301-89 Q 131 �Zj�650-86 �� ZO 8064-90 W 30 � EXPIRED ^'J [� COA111ERCIAL \ a III s-c / �,� PETITION AREA ♦ V r°1 ci APC 1523-93 20 8368-9J APC 1 167-89 ZO 7867-88 I RES. Q APC 51-85 ZO 7518-75 A'EXPIRED• .a II Cow APC 1628-94 I- N 8547-94 w In V o J 3 I-- REZONING FROM: "A" RESIDENTIAL "C" COMMERCIAL, "A" & "F" HEIGHT & AREA TO: "C" COMMERCIAL, "F" HEIGHT & AREA PETITION AREA atwoot SOUTH BEND ZONING APC #1710-96 "A" RESIDENTIAL I I 4:111 "B" RESIDENTIAL I I 01.60.611.6.00 200 "C" COMMERCIAL I I "D" LIGHT INDUSTRIAL I I Graphic Scale