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Home My WebLink About8599-95 Amending Zoning 3492 Lincolnway West ORDINANCE No. 8599-95 Passed by the Common Council of the City of South Bend, Indiana_ June 12, 19 95 Attest: -�-� City Clerk IRENE K. GAMMON Attest: %� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— ( June 13, 95 19 City Clerk IRENE K. GAMMON Approved and signed by me Pt ZilAillak, Ig 6244- Mayor ORDINANCE NO. Mqqq5 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3402 LINCOLNWAY WEST, 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: Lot numbered 182 as shown on the recorded plat of Brentwood Estates Third Addition to the City of South Bend, as recorded in plat book 20, page "B" of the records of St. Joseph County, Indiana. be and the same is hereby established as "C-1" 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. 1: the Common Council t� f. • ftnmuttttn Erpnrt Mu tie Manumit Qlouttril of tip Mtn of li+mrtli Nett& of the Whole Your Committee to whom was referred BILL NO. 23-95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3402 LINCOLNWAY WEST, 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. Cleo Washington, Chairman REZONING PETITION OF KANIEWSKI FUNERAL HOMES, INC. Date Filed: Application No. Date received by the Area Plan Commission The undersigned hereby makes application and petitions 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: 3402 Lincolnway West South Bend, Indiana 46628 2) The name and address of the property owner of the petition site is : Kaniewski Funeral Homes, Inc. 3545 North Bendix Drive South Bend, Indiana 46628 3) The name and address of the contingent purchaser is: Kuert Concrete, Inc. 3113 Lincolnway West South Bend, Indiana 46628 4) It is desired and requested that this property be rezoned from "B" Residential, "A" Height and Area, to "C-1" Commercial, "A" Height and Area. 5) This rezoning is requested to allow the following use: Office building. 6) Attached is a copy of (a) the legal description of the property; (b) a list of names and address of all property owners within 300 feet of the petition property; (c) five (5) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7 ) By signing this Petition, the undersigned understands that if the Council approves this Petition to Rezone, it may approve • subject to the submittal of a final site plan. A final site plan must be submitted to the Area Plan Commission within one ( 1) year of the Council ' s action. Failure to submit a final site plan within that time period, causes the zoning of the petitioned property to revert to the initial zoning classifi- cation. Time extensions on the submittal of the final site plan may be requested. KANIEWSKI FUNERAL HOMES, INC. By � 1 u, 72, John B. Ford Attorney PETITION PREPARED BY: JOHN B. FORD (6921-71) Attorney at Law 1800 Valley American Bank Building Post Office Box 4577 South Bend, Indiana 46634-4577 Telephone: (219) 233-1194 2. Lot numbered 182 as shown on the recorded plat of Brentwood Estates Third Addition to the City of South Bend, as recorded in plat book 20, page "B" of the records of St. Joseph County, Indiana. • •r ARF,A 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 ay 17, 1995 he Honorable Common Council ity of South Bend ounty-City Bldg. - 4th Floor outh Bend, IN 46601 E: A proposed ordinance and site development plan of Kaniewski Funeral Homes, Inc. to zone from "B" Residential, "A" Height and Area to "C-1" Commercial, "A" ! eight and Area, property located at 3402 Lincolnway West, City of South Bend - APC #1670-95 Fear Council Members: The above referenced ordinance and site development plan of Kaniewski Funeral comes, Inc. was legally advertised on May 4, 1995. The Area Plan Commission at its public hearing on May 16, 1995, took the following action: Upon a motion by Joseph Serge, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Kaniewski Funeral Homes, Inc. to zone from "B" Residential, "A" Height and Area to "C-1" Commercial, "A" Height and Area, property located at 3402 Lincolnway West, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. In the Commission's opinion, this rezoning is consistent with the commercial character of the area along Lincoln Way West. The use of this property for offices should not have any greater adverse impact on the residential neighborhood to the south than the funeral home that previously operated at this location. 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, c ar S. Jo son RSJ:sr Attachment ,v, CC: Kaniewski Funeral Homes, Inc. Filed�� CC: Kuert Concrete, Inc. 1 Clerk's' ` ice CC: John B. Ford, Attorney at Law NAY t 7 IRENEGAMMON CITYCLERK,SO.BEND,4N Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • STAFF REPORT May 8, 1995 Kaniewski Funeral Homes, Inc. 1670-95 Location: 3402 Lincolnway West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C-1" Commercial, "A" Height and Area to allow an office building. EXISTING LAND U,S : The property contains a funeral home no longer in operation. SURROUNDING LAND USE AND ZONING: Located to the north are a combination fast-food restaurant, convenience store and gasoline station zoned "C" Commercial, "A" Height and Area; an abandoned fast-food restaurant zoned "C" Commercial, "A" Height and Area, and a fast-food restaurant zoned "C" Commercial, "A" Height and Area; to the east is an auto rental and sales facility zoned "C" Commercial, "E" Height and Area; to the south are single-family homes zoned "A" Residential, "A" Height and Area, and to the west is a daycare center zoned "B" Residential, "A" Height and Area. ACCESS: Access to the site is from Lincoln Way West and Ryer Streeet. 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 1.130 acres. Of that, the buildings will occupy 10,012 square feet, or 20.3 percent of the site; the parking and drives will occupy 28, 946 square feet, or 58.8 percent of the site; and 10,265 square feet or 20.9 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: f I I II I I I I . E1_`,1000 AJ E. t---- ----*s3 '' 4 i _— o fl' < <N,o�, ;1111 11 .- A Ili Ai ..... s-1. 0 C 1 le 0:101/114, qui i...„..::.:# p:::::::::::::::::::::::::::: . - MI I . . ::::,::::::::„:„. . .,,, ........, 1......,.:::::::::::::::,.0�. :::: �r Si' soHt.1, \ANY r 4* d ,lam t a RG.7_o4U4 Gt FROMs "6" RESIDENTIAL1 %%, l v%E.t QAT 4. AREA TO ""G _ \„ C O AME'R DIAL 1 "N' 1.-kGA GMT 4. AREA PET1T10t t RE/. .s/x," RE sID5...KI-Tt&t_ ( I lt ..' ,,, REslpEt.,lTthL I 1 " ei Gommm.RC usA- I I /LPG 1lv10-'q5 " D" LtC1-IT ltianu5'ciktM - 1 1. 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