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Home My WebLink About8585-95 Zoning - Approximately 195' Intersection of Prairie Ave ORDINANCE No. 8585-95 Passed by the Common Council of the City of South Bend, Indiana. March 27, 19 95 Attest: \--/-62-74-e/ City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ March 28, 95 19 City Clerk IRENE K. GAMMON Approved and signed by me 3 4 ( I995- 9 9 f Mayor ORDINANCE NO. bOO■..)r 1� AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195 ' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1 . 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: DESCRIPTION: A PARCEL OF LAND BEING A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 89-35' -35" EAST (BEARING ASSUMED) ALONG THE NORTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 633 . 99 FEET; THENCE SOUTH 00-24 ' -25" EAST, A DISTANCE OF 40 . 00 FEET TO THE NORTHWEST CORNER OF LUAN' S REPLAT OF PEAK ' S FIRST ADDITION AND BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 89-35 ' -35" EAST ALONG THE NORTH LINE OF LOT G OF SAID LUAN'S REPLAT OF PEAK ' S FIRST ADDITION TO THE NORTHEAST CORNER OF LOT G, A DISTANCE OF 93 . 01 FEET; THENCE SOUTH 00-16 ' -29" EAST, A DISTANCE OF 174 . 72 FEET; THENCE SOUTH 61-29 ' -27" WEST, A DISTANCE OF 601 . 32 FEET; THENCE NORTH 00-00 ' -48" WEST, A DISTANCE OF 225. 00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF PRAIRIE AVENUE; THENCE NORTH 61- 29 ' -27" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 494 . 59 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 2 . 67 ACRES MORE OR LESS . BE AND THE SAME IS HEREBY ESTABLISHED AS "C" 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. 1st READING `- f 9� r PUBLIC HEARING 3 X7-95 Filed in Clerk's Office 3rd READING 3 d:7--�� NOT APPROVED :9y ER COMMON COUNC IL JAN 3 1 REFERRED PASSED 3_27_615 745 etryiENDED IRENiE GAMMON CITY CLERK,SO.SEND,IN - ,t, DATED FILED APPLICATION NO. 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: APPROXIMATELY 195 ' NORTHEASTERLY OF THE INSTERSECTION OF PRAIRIE AVENUE AND LOCUST ROAD ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE. 2 ) NAME AND ADDRESS OF PROPERTY OWNERS OF THE PETITION SITE: CHAANG-HUEI AND SARAH LUAN 51390 NORWICH DRIVE GRANGER, INDIANA 46530 ( 219 ) 256-7169 3 ) NAME AND ADDRESS OF CONTINGENT PURCHASER: NONE 4 ) IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM A COMBINATION OF "C" COMMERCIAL AND "A" RESIDENTIAL, "A" HEIGHT AND AREA DISTRICT TO ALL "C" COMMERCIAL, "A" HEIGHT AND AREA DISTRICT. 5) THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE( S ) : THE OWNER WISHES TO CONSTRUCT A TWO STORY OFFICE BUILDING AND IN THE FUTURE, RETAIL STORES 6 ) ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY; (C) FIVE ( 5 ) COPIES OF SITE PLAN; 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 A 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. Pk G- ,EI LUAN SARAH WAN 51390 N• -WICH DRIVE 51390 NORWICH DRIVE GRANGER, INDIANA 46530 GRANGER, INDIANA 46530 PETITION_PREPARED BY: (lnmmtttrr Report Uhl the Minunon Qiounrii of tip Qlitg of*until lirnd: Your Committee of the Whole to whom was referred BILL NO. 1-95 AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195 ' NORTHEASTERLY OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF 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 Council favorable, as amended by substitution. Cleo Washington, Chairman FREE PRESS MEW 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)235-9813 February 22, 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 Chaang-Huei and Sarah Luan to zone from "C" Commercial and "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located on the south side of Prairie Avenue, approximately 195 feet northeast of the intersection of Prairie Avenue and Locust Road, City of South Bend - APC #1649-95 Dear Council Members: The above referenced ordinance and site development plan of Chaang-Huei and Sarah Luan was legally advertised February 9, 1995. The Area Plan Commission at its public hearing on February 21, 1995, took the following action: Upon a motion by Richard Warner, being seconded by Charles Landesman and unanimously carried, the proposed ordinance and site development plan of Chaang-Huei and Sarah Luan to zone from "C" s Commercial and "A" Residential, "A" Height and Area to "C" � Commercial, "A" Height and Area? property located on the south side of Prairie Avenue, approximately 195 feet northeast of the intersection of Prairie Avenue and Locust Road, City of South Bend is sent to th Common Council with a favorable recommendation, subject to a final site plan. This site has bee I rezoned twice in the past for similar uses, but both rezonings reverted because final site development plans had never been submitted. In the Commission's opinion, the proposed commercial and office uses along Prairie Avenue should not have a detrimental effect on the surrounding 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, obert . ante RWS:sr Attachment CC: Chaang-Huei and Sarah Luan CC: Lang, Feeney & Associates Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT February 12, 1995 Chaanq-Huei and Sarah Luan 1649-95 Location: on the southerly side of Prairie Avenue, approximately 195 feet northeastly of the intersection of Prairie Avenue and Locust Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial and "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow the construction of a two-story office building and future retail stores. EXISTING LAND USE: The property contains vacant lots. SURROUNDING LAND USE AND ZONING: Located to the north are a vacant lot and fire station both zoned "C" Commercial, "A" Height and Area; to the east and south are vacant parcels zoned "A" Residential, "A" Height and Area; and to the west is a convenience store and gasoline station zoned "C" Commercial, "F" Height and Area. ACCESS: Access to the site will be from Prairie 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 2.67 acres. Of that, the buildings will occupy 17,100 square feet, or 15 percent of the site; the parking and drives will occupy 62,306 square feet, or 53 percent of the site; and 37,073 square feet or 32 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: curb and sidewalk will be required along the length of the property and the entrance to the site must conform to City standards. • . J I 14 I I 1---1-1,±± I Cr -- _ f- . 186 151 I -I ,53 60 47 Z 1 167 I HILLSIDE AVE . 154 Q _ _ 150 Z - -59- - 48 rt ® Cr 155 _ 1 88 1 49 . 283^Q_ 285 286 287 288 1111 290 _ _�� 49 C 1 189 ( 148 LLB Q . . _ ._. 57 151 - 190 ® Q 56 10 147 Z 50 / 7 309 308 307 306 305 304 30J 302 301 300 299 2g8 296 -�� 52 51 C 191 146 1 192 Q 297 ii uj c 4+ ` HIGHLAND -1 AVE . J 1 93 194 Q ,,. • 143 310Q 312 a P �It1 d 31%317 318 319 320 321 J TI 142 I,�' - V 323 I 197 196 195 141 J (,� —�: 140 33 36 335 = 330 329 32 �•-61y1, I I I CL 331 RES. IA I I EWING t- 1 N AVE . 10 9 8 7 6 5 4 I I_]lv CO�111. J_ RES 1-'.,__,/ TI e g::::%4:4::X �' ,�.... o! 44-- L11• 13 A s 5 •\ AL11 N: I k' `:it:4 .� 116 R. N RES.S RES. < R E ' L A T Og /A\ 3 OMMERCIA :.:: it;i�.3 �..:»».:r:: 136 3 7 APC 936 8• liftE6Ei^�::•. :t..:: J \� 10 7470 135 � P\ •C 1022-86 MIMIiin. lio COMyyyERCIAI. 10 7650-86 9i "�' I WC 1523113 APC 1301-89 0 8388-9j IO 8064-90 APC91167-88 EXPIRED IO 7867-88 V 8 LLI A > J RES. 0 6 5 APC 374. REZONING FROM: "A" RESIDENTIAL AND "C" COMMERCIAL, "A" HEIGHT & AREA Altilik TO: "C" COMMERCIAL, "A" HEIGHT & AREA PETITION AREA F.:M7.7.::::::.Mq SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1649-94 "B" RESIDENTIAL I I "C" COMMERCIAL I I 0 100 200 "D" LIGHT INDUSTRIAL I I r rr r...r Graphic Scale