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HomeMy WebLinkAbout8593-95 Zoning - property 3822 Lincolnway West i r 5 ORDINANCE No. 8593-95 Passed by the Common Council of the City of South Bend, Indiana_ May 8, /9 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— May 9, i9 95 City Clerk IRENE K. GAMMON Approved and signed by me 5/70 199 ' - �' Mayor l ORDINANCE NO. 561,..5 -7,5- AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3822 LINCOLN WAY 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: A parcel of land located in the South West Quarter of the South East Quarter of Section 33, Township 38 North, Range 2 East, and the North West Quarter of the North East Quarter of Section 4, Township 37 North, Range 2 East, described as follows : Beginning at the intersection of the South right of way line of Lincoln Way West (U.S. 20) and the East right of way line of Sheridan Avenue, said point being 35 . 00 feet East and 73 . 90 feet, more or less, North from the quarter section corner of the North line of said Section 4; thence South parallel with and 35 . 00 feet East of the North/South centerline of Sections 33 and 4, a distance of 298 . 69 feet to a point of curve; thence Southeasterly along a curve to the left having a radius of 339 . 73 feet and an arc distance of 90 . 13 feet; thence Southeasterly on a tangent to the aforesaid curve a distance of 113 . 58 feet to a point of curve; thence Southeasterly along a curve to the right having a radius of 410 . 57 feet and an arc distance of 19 . 58 feet to a point; thence East a distance of 249 . 60 feet; thence North a distance of 395 . 70 feet to the South right of way line of Lincoln Way West; thence Northwesterly along said right of way line-)of Lincoln Way West a distance of 317 . 54 feet to the place of beginning. be and the same is hereby established as C-Commercial, A 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. IFF Membe Po fir Common Council • Date Filed Application No. Date Received by Area Plan Commission PETITION FOR REZONING I, the undersigned, make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance as herein requested. (1) The property sought to be rezoned is located at : 3822 Lincoln Way West South Bend, IN 46628 (2) Name of Property Owner: William E. Hindsley 3822 Lincoln Way West South Bend, IN 46628 (H) 299-0518 (W) 287 2333 (3) It is desired and requested that this property be rezoned: from C-Commercial, A Height & Area and B-Residential, A Height & Area, to C-Commercial, A Height & Area (4) This rezoning is requested to allow the following use : For the purpose of the operation of the Budget Rent A Car Agency, which includes the rental and sale of vehicles. (5) 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 petitioned property; (c) five (5) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petitioned property. (6) By signing this petition, I 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 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 classification. Time extensions on the submittal of the final site plan may be requested. i . ony . Za..ia (#1468-71) 5 582 US - North South Bend, Indiana 46637 Telephone: 219-277-8720 Attorney for Property Owner, William E. Hindsley This document prepared by: ANTHONY M. ZAPPIA T mmnin TT=v Am TAW ftnn nttttrr Errnrt ' XL! the Qlnnnnan flounrit of Up MtR of'outtt krnd: Your Committee of the Whole to whom was referred BILL NO. 16-95 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3822 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 FREE PRESS PUBLISHING CO. 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)235-98137 April 19, 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 William E. Hindsley to zone from "C" Commercial and "B° Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3822 Lincoln Way West, City of South Bend - APC #1659-95 Dear Council Members: The above referenced ordinance and site development plan of William E. Hindsley was legally advertised April 6, 1995. The Area Plan Commission at its public hearing on April 18, 1995, took the following action: Upon a motion by Steve Cooreman, being seconded by Henry Keultjes and unanimously carried, the proposed ordinance and site development plan of William E. Hindsley • to zone from "C" Commercial and "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3822 Lincoln Way West, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. 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, ole Ro.ert W. Sante RWS:sr • Attachment CC: William E. Hindsley CC: Anthony M. Zappia Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN 4 STAFF REPORT April 10, 1995 William E. Hindsley 1659-95 Location: 3822 Lincoln Way West City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C" Commercial, "A" Height and Area; and "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area for a car rental and sales facility. EXISTING LAND USE: The property contains a car rental and sales facility and a single-family house. SURROUNDING LAND USE AND ZONING: Located to the north is a hair salon zoned "C" Commercial, "A" Height and Area, and a liquor store zoned "C" Commercial, "E" Height and Area; to the east is a single-family residence zoned "B" Residential, "A" Height and Area, to the south are single-family homes zoned "A" Residential, "A" Height and Area, and to the west are single-family homes zoned "A" Residential, "A" Height and Area, and a Bingo Hall zoned "C" Commercial, "D" Height and Area. ACCESS: Access to the site is from Sheridan Avenue. 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 2.99 acres. Of that, the buildings will occupy 2,870 square feet, or 2.20 percent of the site; the parking and drives will occupy 1.31 acres, or 43.71 percent of the site; and 1.62 acres or 54.09 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: Sidewalk shall be installed along Lincoln Way West and Sheridan Avenue in accordance with City Standards. 12 .J 5 BULLA `V 6 6 10 11 (n 33 F.. t 56 81 .a• NM (I"����) 0 - -9 12 32 N 1�J 9 —� w 55 82 8 J > - -8- -'1 i 3 Mai= . 7 CO ,� 54 83 iri Z 53 84 Y 3. - - - r _ -6- 1 5 �� 29 38 108' — — — — 52 85 5 2 m 1 16 N Q 28 39 N st g8 / 4 H NCOZ Al ii s 17 U 27 40 O 50 87 C� h/ U U 18 2 Z Z A.P.C. 1385-90 '9 Y r». 1 V 26 a1 — 49 88 — "EXPIRED" 1 z J J A.P.C. 1593-94 A.P.C. 1287 9 25 42 J 48 89 J Z.O. 8502-94 40. 80 8 20 _ ' ` A.P.C. 1465 92 P.C. 15j0 1 1 1 w ORD. N0. 8295-92 N0. 5194-70 1 I I ESTATES P t 22 23 24 43 44 45 46 47 0 91 92 BRENTwO D A• ;- Lot A I 2 ' ' ' , J ELW00D AVE . APg C. 950-85 Lo tWI RED" ?.:::.. >-. Iiiir A.P.C. 1593-94 :::::::::::::::::14:.::::::; LINCOL II Q Z.O. 8502-94 tai 4r i:•Tra?$3 a : { s{ iii• /6j,' 0 Petiti. Arba .• G sT Z 151 = 160 t«{'.'.::a.:S i::. . .{::• S v✓' F- :{:'L'•'••�F:'•':'••tL�:tS \ V 0 150 alit � 5 .. :•.:C0R 2,a p 207, o ::::4:—:::::42,754 4 �PZ O r'•• CV/ 3 �,- 208 149 Cr NOV. 1951 w ff. '\`///� IIII E�.�wOQ� 212 �.Om 209 147 47 146 1 44 1 43 8�2NOtp p, '64 165 - Co APC 77 163 21i 210 1 4 0 S T . JOHNS AVE . S T . i /4575-63 aQL, 166 �� 124 NS 167 168 169 170 171 172 123 Z Q AVE . 0 122 f•\ Sl P1 w 121 U) 120 `^f OO A 119 Q R 118 v REZONING FROM: "B" RESIDENTIAL AND "C" COMMERCIAL, "A" HEIGHT & AREA TO: "C" COMMERCIAL, "C" HEIGHT & AREA PETITION AREA E":" ":"""":: SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1659-95 "B" RESIDENTIAL "C COMMERCIAL I I 0 100 200 • "Cl" COMMERCIAL I I 1r 111 rr a. Graphic Scale