HomeMy WebLinkAbout8618-95 Zoning Ordinance property 2401, 2405, 2409-2411, 2413-2415, 2419 & 2421 Lincolnway West 1054 Freemont & 1047-1049 & 1053 N Olive St ORDINANCE No. 8618-95
Passed by the Common Council of the City of South Bend, Indiana_
September 25, 19 95
Attest: City Clerk
IRENE K. GAMMON
Attest: • �_ President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana—
September 26, 95
19
City Clerk
IRENE K. GAMMON
Approved and signed by me 9/ ig
Mayor
ORDINANCE NO. 861 g-S-
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 2401, 2405, 2409-2411, 2413-2415, 2419 AND 2421
LINCOLNWAY WEST; 1054 FREMONT STREET; AND 1047-1049
AND 1053 NORTH OLIVE STREET, IN THE CITY OF SOUTH BEND, INDIANA
BE IT ORDAINED by the Common Council of the City of South Bend, Indiana:
SECTION I. Ordinance N4 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) Lots Numbered 40, 41 and 42, TOGETHER with the first East-West Alley
(now vacated) North of Lincolnway West Street, running West from the
West right-of-way line of North Olive Street to the East right-of-way line of
the first North-South Alley west of North Olive Street, for a distance of
approximately One Hundred Twenty (120') Feet and a width of
approximately Ten (10') Feet, Olive Heights Addition
be and the same is hereby established as "C" Commercial, "E" Height and Area
(B) Lots Numbered 38 and 39, TOGETHER with the South Half of the
vacated 14 foot alley lying North of Lot 38, and also TOGETHER
with the first North-South Alley (now vacated) West of North Olive
Street, from the South right-of-way line of the alley described in sub-
paragraph (A) hereof to the North right-of-way line of the first
intersecting East-West alley (now vacated), a distance of
approximately One Hundred Four (104') Feet and a width of
approximately Ten (10') Feet, and also TOGETHER with the West
Two (2') Feet of Lot 38 in Olive Heights Addition to the City of
South Bend, Indiana, ALSO: Beginning at the Northwest corner of
Lot 39 in the Olive Heights Addition to the City of South Bend;
thence East along the North line of said Lot Two (2') feet to a point;
thence South along a line Two (2') Feet East of and parallel to the
West line of said Lot 39 a distance of Seventeen (17') Feet to a point,
said point being the beginning of a curve to the left; thence
Southeasterly following the arc of a circle to the left with a radius of
Twenty-five (25') Feet and whose center is Twenty-seven (27') Feet
East of the West line of said Lot to a point Two (2') Feet North of
the South line of said Lot and Twenty-seven (27') Feet East of the
West line of said Lot; thence East along a line Two (2') Feet North of
and parallel to the South line of said Lot, to the East line of said
Lot; thence South along said East line of Lot Two (2') Feet to the
South line of Lot; thence West along said South line of Lot One
Hundred Twenty (120') Feet to the West line of Lot; thence North
along said West line of Lot Forty (40') Feet to the Northwest corner
of said Lot being the place of beginning, Olive Heights Addition
r
•
(C) Lot Numbered 43, 44 and 45, TOGETHER with the South 9 feet of
the vacated 14 foot alley lying South of Lot 46 and lying North of
Lots 43, 44 & 45, Olive Heights Addition
be and the same is hereby established as "C" Commercial, "E" Height and Area
SEcrIoN 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.
Me r of the s mmon Council
•
Qtnmmtttn atmnr#
Ulu tip Common &until of tip Qilig of&mill limb:
Your Committee of the Whole
to whom was referred
BILL NO.
44-95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 2401, 2405, 2409-2411, 2413-2415, 2419 AND 2421
LINCOLNWAY WEST; 1054 FREMONT STREET; AND 1047-1049 AND
1053 NORTH OLIVE STREET, 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
FREE PRESS 04E4 Sa PUBLISHING CO.
DATE FILED: APPLICATION NQ:
DATE RECEIVED BY THE AREA PLAN COMMISSION:
PETITION FOR REZONING
The undersigned makes application to the Common Council of the City of South Bend, St.
Joseph County, Indiana, to amend the zoning ordinance as herein requested.
1. The property sought to be rezoned is located at:
2401,2405,2409-2411,2413-2415,2419,2421 Lincolnway West, 1054 Fremont Street,
1047-1049 and 1053 North Olive in the City of South Bend, Indiana.
2. Name and address of property owner(s) of the petition site:
Lots Numbered 40 & 41: Marathon Oil Company
Room #1604, 539 S. Main St.
Findley, Ohio 45840
Lots Numbered 42 & 43 (except the North 41' of Lot 43) Earl Garson & Rose I. Garson,
and Lots Numbered 38 & 39 TOGETHER with the Husband and Wife.
South Half of the vacated 14 foot alley lying North 3033 N. Maple Hill Court, Bldg. 3
of Lot 38: South Bend, Indiana 46628
North Forty-one (41') feet of Lots Numbered 43, 44 & 45 Erin Real Estate, Inc.
TOGETHER with the South 9 feet of the vacated 14 2239 Topswood Lane
foot alley lying South of Lot 46 and lying North of Lots South Bend, Indiana 46614
43, 44 & 45:
Lots Numbered 44 & 45 (except the North Forty-one [41'] Louis J. & Nancy L. Vida
feet of Lots 44 & 45) 2419 Lincolnway West
South Bend, Indiana 46628
All of above in the Olive Heights Addition, City of South Bend.
3. Name and address of contingent purchaser(s), if applicable:
BODNER MANAGEMENT CORPORATION
% Bruce A. Bodner, General Partner
10455 North College Avenue
Indianapolis, Indiana 46280
Telephone: (317) 848-5700
4. It is desired and requested that this property be rezoned as follows:
(A) Lots Numbered 40, 41 and 42, TOGETHER with the first East-West Alley (now
vacated) North of Lincolnway West Street, running West from the West right-of-way
line of North Olive Street to the East right-of-way line of the first North-South Alley
west of North Olive Street, for a distance of approximately One Hundred Twenty
(120') Feet and a width of approximately Ten (10') Feet. Olive Heights Addition.
From "C" Commercial, "D" Height and Area
to "C" Commercial, "E" Height and Area
distance of approximately One Hundred Four (104') Feet and a width of
approximately Ten (10') Feet. Olive Heights Addition, and also TOGETHER
with the West Two (2') Feet of Lot 38 in Olive Heights Addition to the City
of South Bend, Indiana, ALSO: Beginning at the Northwest corner of Lot 39
in the Olive Heights Addition to the City of South Bend; thence East along
the North line of said Lot Two (2') feet to a point; thence South along a line
Two (2') Feet East of and parallel to the West line of said Lot 39 a distance
of Seventeen (17') Feet to a point, said point being the beginning of a curve
to the left; thence Southeasterly following the arc of a circle to the left with
a radius of Twenty-five (25')Feet and whose center is Twenty-seven (27') Feet
East of the West line of said Lot to a point Two (2') Feet North of the South
line of said Lot and Twenty-seven (27') Feet East of the West line of said Lot;
thence East along a line Two (2') Feet North of and parallel to the South line
of said Lot, to the East line of said Lot; thence South along said East line of
Lot Two (2') Feet to the South line of Lot; thence West along said South line
of Lot One Hundred Twenty(120') Feet to the West line of Lot; thence North
along said West line of Lot Forty (40') Feet to the Northwest corner of said
Lot being the place of beginning.
From "C-1" Commercial, "C" Height and Area
to "C" Commercial, "E" Height and Area
(C) Lots Numbered 43, 44 and 45, TOGETHER with the South 9 feet of the
vacated 14 foot alley lying South of Lot 46 and lying North of Lots 43, 44 &
45, Olive Heights Addition
From "B" Residential, "A" Height and Area
to "C" Commercial, "E" Height and Area
5. This rezoning is requested to allow the following use(s):
Construction of retail drug store with drive-through window
6. Attached is a copy of (a) legal description of the property; (b) a list of names and address
of all property owners within 300 feet of the petition property; and (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, 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.
PETITION PREPARED BY:
John H. Peddycord, Esq. (#5670-71) Jo 'eddycord, Esq.
A •rney for Contingent Purchaser, Bodner
Management Corporation
MAY, OBERFELL & LORBER
300 North Michigan Street
A44A1
Exhibit "A"
Lots numbered 38, 39, 40, 41, 42, 43, 44 and 45 as shown on
the recorded Plat of Olive Heights Addition to the City of
South Bend, TOGETHER with the South 9 feet of the
vacated 14 foot alley lying north of lots numbered 43, 44 and
45, and also TOGETHER with the South Half of the vacated
14 foot alley lying north of Lot numbered 38, and also
TOGETHER with the first East-West Alley (now vacated)
North of Lincolnway West Street, running West from the
West right-of-way line of North Olive Street to the East right-
of-way line of the first North-South Alley west of North Olive
Street, for a distance of approximately One Hundred Twenty
(120') Feet and a width of approximately Ten (10') Feet, and
also TOGETHER with the first North-South Alley (now
vacated) West of North Olive Street, from the South right-of-
way line of the alley described immediately above to the
North right-of-way line of the first intersecting East-West
alley (now vacated), a distance of approximately One
Hundred Four (104') Feet and a width of approximately Ten
(10') Feet, and also TOGETHER with the West Two (2')
Feet of Lot 38 in Olive Heights Addition to the City of South
Bend, Indiana, ALSO: Beginning at the Northwest corner of
Lot 39 in the Olive Heights Addition to the City of South
Bend; thence East along the North line of said Lot Two (2')
feet to a point; thence South along a line Two (2') Feet East
of and parallel to the West line of said Lot 39 a distance of
Seventeen (17') Feet to a point, said point being the
beginning of a curve to the left; thence Southeasterly
following the arc of a circle to the left with a radius of
Twenty-five (25') Feet and whose center is Twenty-seven
(27') Feet East of the West line of said Lot to a point Two
(2') Feet North of the South line of said Lot and Twenty-
seven (27') Feet East of the West line of said Lot; thence
East along a line Two (2') Feet North of and parallel to the
South line of said Lot, to the East line of said Lot; thence
South along said East line of Lot Two (2') Feet to the South
line of Lot; thence West along said South line of Lot One
Hundred Twenty (120') Feet to the West line of Lot; thence
North along said West line of Lot Forty (40') Feet to the
Northwest corner of said Lot being the place of beginning, all
as shown on the recorded Plat of Olive Heights to the City of
South Bend.
Key No.'s: 18-2051-1817; 18-2051-1818; 18-2051-1820;
18-2051-1821; 18-2051-1822; 18-2051-1823;
18-2051-1819; 18-2051-1815-01
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
September 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 Marathon Oil Company, Earl
Garson and Rose I. Garson, Erin Real Estate, Inc. and Louis J. and Nancy L. Vida
to zone from "C" Commercial, "D" Height and Area; "C-1" commercial, "C" Height
and Area, and "B" Residential, "A" Height and Area, to "C" Commercial, "E" Height
and Area, property located at 2401, 2405, 2409-2411, 2413-2415, 2419, 2421
Lincolnway West, 1054 Fremont Street, 1047-1049 and 1053 North Olive Street, City
of South Bend- APC #1685-95
Dear Council Members:
The above referenced ordinance initiated by the Area Plan Commission was legally
advertised on September 7, 1995. The Area Plan Commission at its public hearing
on September 19, 1995, 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 Marathon Oil
Company, Earl Garson and Rose I. Garson, Erin Real Estate, Inc. and Louis J. and
Nancy L. Vida to zone from "C" Commercial, "D" Height and Area; "C-1" commercial,
"C" Height and Area, and "B" Residential, "A" Height and Area, to "C" Commercial,
"E" Height and Area, property located at 2401, 2405, 2409-2411, 2413-2415, 2419,
2421 Lincolnway West, 1054 Fremont Street, 1047-1049 and 1053 North Olive Street,
City of South Bend is sent to the Common Council with a favorable recommendation,
subject to a Final Site Development Plan. The land use decision for this area
was previously.made when a similar proposal for two-thirds of this property was
approved by the Common Council in January, 1994.
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: Marathon Oil Company
Earl Garson & Rose L. Garson
Erin Real Estate, Inc.
Louis J. &Nancy L. Vida
Bodnar Management Corporation
John H. Peddycord, Esq.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN
STAFF REPORT September 11, 1995
Marathon Oil Company, et al 1685-95
Location: 2401, 2405,
2409-2411, 2413-2415, 2419,
2421 Lincolnway West, 1054
Fremont Street, 1047-1049
and 1053 North Olive Street
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "C" Commercial, "D" Height and Area,
"C-1" Commercial, "C" Height and Area, and "B"
Residential, "A" Height and•Area to "C".
Commercial, "E" Height and Area to allow a
retail drug store with a drive-thru window.
EXISTING LAND USE: The property contains a vacant commercial
building, a vacant gas-station, and single
family homes.
SURROUNDING LAND USE AND ZONING: Located to the north are single family homes
zoned "A" Residential; to the east are single
family homes zoned "A" Residential and a
commercial business zoned "C" Commercial; to
the south is a church zoned "C" Commercial, a
duplex zoned "B" Residential; and single
family homes zoned "B" Residential; to the
west is a multi-family home zoned "B"
Residential.
ACCESS: Access to the site will be from Fremont St. ,
Lincolnway West, and Olive St.
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 1.12 acres.
Of that, the buildings will occupy 10,722
square feet, or 23.3 percent of the site; the
parking and drives will occupy 30,181 square
feet, or 65.5 percent of the site; and 5,150
square feet or 11.2 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: The City Engineer made the following comments:
any missing or damaged sidewalk and curb
abutting the property shall be replaced
according to city standards. The ingress and
egress easement shown on the site plan must be
recorded.
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REZONING FROM: "B" RESIDENTIAL, "a" HEIGHT & AREA
FROM: "C" COMMERCIAL, "d" HEIGHT & AREA
Adahk
FROM: "Cl" COMMERCIAL, "c" HEIGHT & AREA
TO: "C" COMMERCIAL, "E" HEIGHT & AREA
PETITION AREA APC #1685-95
SOUTH BEND ZONING
"A" RESIDENTIAL I I
"B" RESIDENTIAL I I o too 200
dl Yttl V r.1l
"C" COMMERCIAL I I
"C-1" COMMERCIAL I I Graphic Scale