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Home My WebLink AboutAmending Zoning Ordinance 710 East Wayne St ORDINANCE No. 8654-96 Passed by the Common Council of the City of South Bend, Indiana. January 22, 1996 � Attest: -'-/-� City Clerk ORE TA J. UDA 6v2 Attest. President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana— • January 23, 96 19 City Clerk LORET ► J IDUDA Approved and signed by me I-a 9 19C(:" �'� Mayor AMENDED ORDINANCE NO. 51,5,1-16 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS 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: A parcel of land being a part of Lots 270, 271 and 272 in Samuel L. Cottrell's First Addition to the Town of Lowell now within and a part of the City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northeast corner of said Lot 270; thence South along the East line of said Lots 270 thru 272, a distance of 158.00 feet to a point 26.00 feet South of the Northeast corner of said Lot 272; thence West parallel with the North line of said Lot 272, a distance of 110.00 feet; thence North parallel with the East line of said Lot 270 thru 272, a distance of 158.00 feet to the North line of said Lot 270; thence East along the North line of said Lot 270, a distance of 110.00 feet to the place of beginning containing 0.40 acres more or less. be and the same is hereby established as C-1 Commercial 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. ?de-- 9 Member of the Common Council HARING /-2Z-96 l PEAD'NG /- 22-96 NOT APPROVED REFERRED psi PASSED /--2 -96 A r-/m Rodin ClerksOffice NOV 3 0 SS ifelleekimou ftnmmittrt report' Ma tip (Cuntuwn Qiounrit of the (pity of*nut11 rnd: Your Committee of the Whole to whom was referred BILL NO. 62-95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS 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 Council favorable, as amended by substitution. Chairman Cleo Washington, FREE PRESS aqtagu PUBLISHING CO. • AMENDED PETITION Date Filed: Application No. /6 ? PL' 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 sought to be rezoned is located at: 710 East Wayne Street, South Bend, Indiana. 2) Name and address of property owners of the petition site: Donald H. Schefmeyer and S & H Partnership 300 South St. Louis Boulevard, Suite 202 South Bend, Indiana 46617 3) It is desired and requested that this property be rezoned from: B-Residential and B-Height and Area District to C-1 Commercial and A-Height and Area District 4) This rezoning is requested to allow the following use: Construction of approximate 27,400 square foot office building and parking garage 5) Attached is a copy of a (a) legal description of the property; (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. 6) By signing this petition, we 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 1 • for the use indicated on the petition within one year following the approval of the final site. 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. Petitioners By: Richa W. M rgan (929 - 1) Sweeney, Pfeifer, Anderson & Morgan 53600 North Ironwood Drive South Bend, Indiana 46635 Telephone: (219) 272-2870 Attorney for Petitioner • Petition Prepared by: Richard W. Morgan (9297-71) Sweeney, Pfeifer, Anderson & Morgan 53600 North Ironwood Drive South Bend, Indiana 46635 Telephone: (219) 272-2870 EXHIBIT "A" A part of Lots Numbered Two Hundred Seventy (270) and Two Hundred Seventy-one (271) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered Two Hundred Seventy (270); running thence South along the East line of Lots Numbered Two Hundred Seventy(270) and Two Hundred Seventy-one (271), Seventy-three(73) feet to a point Seven (7) feet South of the Northeast corner of said Lot Two Hundred Seventy-one (271); thence West Fifty-five (55) feet; thence North Seventy-three (73) feet; thence East to the place of beginning. Also, a part of Lot Numbered Two Hundred Seventy-one (271) as shown on the recorded plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, bounded by a line running as follows, viz: Beginning at a point 7 feet South of the Northeast corner of said Lot Numbered Two Hundred Seventy-one (271); thence West Fifty-five (55) feet; thence South Forty-five (45) feet; thence East Fifty-five (55) feet; thence North Forty-five (45) feet to the place of beginning, reserving Eight (8) feet off of the South side thereof for alley purposes. A part of Lots Numbered Two Hundred Seventy (270) and Two Hundred Seventy-one (271) as shown on the recorded plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, which part is bounded by a line running as follows, viz: Beginning on the North line of said Lot Numbered 270 at a point 82 1/2 feet West of the Northeast corner thereof; thence running West on said North line, a distance of 27 1/2 feet; thence South 118 feet; thence East 27 1/2 feet; thence North 118 feet to the place of beginning, excepting therefrom a strip of land 8 feet in width, thereof for a private alley for the use of the above described real estate and adjoining owners, in common. A part of Lots Numbered Two Hundred Seventy-one (271) and Two Hundred Seventy-two (272) as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now part of the City of South Bend, which part is bounded by a line running as follows: Beginning at a point Forty (40) feet North of the Southeast corner of Lot Numbered Two Hundred Seventy-two (272); thence running North on the West line of St. Peter Street Forty (40) feet; thence West One Hundred Ten (110) feet; thence South Forty (40) feet; thence East One Hundred Ten (110) feet to the place of beginning; being a strip of land Twenty-six (26) feet wide off of the North side of the East Two-thirds (2/3) of Lot Numbered Two Hundred Seventy-two (272) and a strip of land Fourteen (14) feet wide off of the South side of the East Two-thirds (2/3) of Lot Numbered Two Hundred Seventy-one (271). 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 December 20, 1995 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 Donald H. Schefmeyer and S & H Partnership to zone from "B" Residential, "B" Height and Area to "C-1" Commercial, "A" Height and Area, property located at 710 E. Wayne Street, City of South Bend - APC #1692-95 Dear Council Members: The above referenced ordinance and site development plan of Donald H. Schefmeyer and S & H Partnership was legally advertised December 7, 1995. The Area Plan Commission at its public hearing on December 19, 1995, took the following action: Upon a motion by Bruce Huntington, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance and site development plan of Donald H. Schefmeyer and S & H Partnership to zone from "B" Residential, "B" Height and Area to "C-1" Commercial, "A" Height and Area, property located at 710 E. Wayne Street, City of South Bend, is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. This petition is a continuation of the approved rezoning for office space to the west and south of the current property. The land use decision was made for this area at that time. In the Commission's opinion, this petition is consistent with the office use adjacent to this proposal. 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. Sinceereelly, obert W. Sante RWS:sr • Filed in C er(s Office Attachment CC: Donald H. Schefmeyer and S & H Partnership c CC: Richard W. Morgan, Attorney DEC C 2 0 1995 MENEGAWWMO t CITYCLERK1SO.SEND,IN. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN L STAFF REPORT December 11, 1995 Donald H. Schefinever and S & H Partnership 1692-95 Location: 710 E. Wayne Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "B" Height and Area to "C-1" Commercial, "A" Height and Area to allow the construction of an office building and parking garage. EXISTING LAND USE: The property contains a house. SURROUNDING LAND USE AND ZONING: Located to the north is a church zoned "B" Residential; to the east are single family homes and vacant land zoned "B" Residential; to the south is a parking lot zoned "C-1" Commercial; to the west are an office building and parking lot zoned "C-1" Commercial. ACCESS: Access to the site is from Wayne Street and St. Peter St. 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 17,380 square feet. Of that, the buildings will occupy 8,780 square feet, or 51 percent of the site; the parking and drives will occupy 3,700 square feet, or 21 percent of the site; and 4,900 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: _.1 7�.v v .181 244C - :[ 3l6 I 322 W ----qt4 . �/ ch�I I A.P,C. 228-71 > A 1 n.ol I Z .ORD. 5386-72 < 1761 182 245 257 ca 317 323 I 6 N JEFFERSON BLVD . 183 44 189 1 E: T! z J-.�6 I 1218 . I — — 14 3r0 II - I�.P.Ci1640-9 184 190 I 9 - - 325 ,,, 3I31J rending CQ•_c I 248 260 — —34'6— — 31-2 — — I 3 ,g 191 1 ■ ,�(` —3-2-7— — — —343— Gil 1 8 6 1 9 2 LL p_ (�� i ��// 250 3 _ ^\ A00 328 =.* — .-P3 Iait*_ 187 193 _ CHURCH 1 V- O 251 ,' ':1� 335 8 188 1 94 SCHOOL 263 n I I p o WAYNE . '' PETITION AREA 1 , 1 1 214 1 1 I :• a1::: /— If36I I 1342 I • I 1 9 5 1 9 8 N — 1 I I I ;'.:::::::t;:::;:;:- : t jt w —13371 I p 1343 1— 1 — 196 199 -1_...4 6� I a t. 1 1 11:1;4c='' I I rT.o�t 0 —� I4 � 1_ 338 344 212 197 200 J _ _1QEFI.CE+ L L- _ _ v - I - 15 . A.P.C. 1078-87 1-- Z.O. 7CI 7411-87 273 339 345 1 6 201 N 267 -3 202 274 340 D=.8 346 17 268 -`` 203 9 275 341 347 8 19 o 4 3 2 p1App w 3 \.. No 6 UILlARp'S 21\1 n M 7. \5 ' I C04 7 o - 6 4 1 S1 1 O£ 1 0 9 w 6 ce . 1 I-- 13 O 9 9 S Ste• 4 z 13 G\'( .ORD. 5428-7 y NstitipeN. \�VJI ,�< c'r \ C °• REZONING FROM: "B" RES., "B" HEIGHT Sc AREA TO: "C-1" COMM., "A" HEIGHT & AREA Alhk PETITION' AREA 73 SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1692-95 "B" RESIDENTIAL I I "C" COMMERCIAL I I 0 100 200 "C-1" COMMERCIAL I I 14.6.1.06.0=1 "D" LIGHT INDUSTRIAL I I Graphic Scale "E" HEAVY INDUSTRIAL I I _ , N. - ZONING EXISTING: B-RESIDENTIAL, B HEIGHT AND AREA TO : C-1 COMMERCIAL, A HEIGHT AND AREA NOTE: PROPOSED BUILDING HEIGHT LESS THAN 35' I -------) _,._ " o.p(31'_ . _ _ . _ _ . ........... . ...._.. • ...__, • S ._ • ...... ammo • 1 . < E 68'-0" / ID I I k.. 111*, AL lir BUILDING SETBACK LINE • 1 / : STAIR i I 1 ' I 14 . I 0 . I .14 Pr/ I eL I ' : • C)- ' cp c (IL ) 64 0 0 -c> . (.0 . I Ii ..1- - _ I 0' PROPOSED 01 I I O. 10 I■ 'LW 0 — ST,c) RY LAJ s col ■ 25'- " ETBACK i Ln°3 Li W . t'! Lo. i‘• ..--, r OFFICE BLDG . fx I — i-,1 I- fni .4 I '0 18 , 288 S . F . + (.1) 0 0 co I I ( BSMT. GARAGE R . 1 .= 1 Ki - Li • 9' 144 S . F . ) ,q. I , 1 . W lir 'V'V C3 0 r- CL • (2 3 CARS) A I • # a VESA AL i 1 V \ STAIR 0 i I . I 1-- 1 1 0 0 0$ AL .11. AIL FIJI Alb1PA \ . 93 Ir kelo.Og EXIT ENTRY I La 9 2 NEI SP•CES 16, ..„) . ! -■ I L _ . _ _ _ _ _