HomeMy WebLinkAbout8547-94 Zoning - 2610 Prairie Ave 6.
ORDINANCE No. 8547-94
Passed by the Common Council of the City of South Bend, Indiana.
November 14, 19 94
Attest: ' .6� ��� City Cit Clerk
IRENE K. GAMMON
/
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana__
November 15, 94
19
City Clerk
IRENE K. GAMMON
Approved and sired by me / 01 ig q
�� - e Mayor
Revised 9/27/94
ORDINANCE NO. 5-(5111/7- 6/2V
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE,
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:
PARCEL I.
THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT WHICH IS NORTH, 1351.0 FT. MORE OR LESS AND
WEST, 430.0 FT. MORE OR LESS FROM THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF SAID SECTION 22; THENCE WEST, 301.70 FT. ; THENCE NORTH, 444.0 FT. MORE OR
LESS TO THE CENTERLINE OF PRAIRIE AVENUE (S.R. # 23) ; THENCE NORTHEASTERLY
ALONG SAID CENTERLINE, 136.0 FT. MORE OR LESS TO A POINT WHICH IS 629.0 FT.
WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 217.0 FT. MORE OR
LESS TO A POINT WHICH IS SOUTH, 180 FT. FROM THE SOUTH RIGHT-OF-WAY LINE OF
PRAIRIE AVENUE (S.R. # 23) ; THENCE EAST, 139.0 FT. TO A POINT WHICH IS 490 FT.
WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH, 76.0 FT. MORE OR
LESS TO A POINT WHICH IS 341.40 FT. SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF
PRAIRIE AVENUE (S.R. # 23) ; THENCE EAST, 60.0 FT. MORE OR LESS TO A POINT WHICH
IS 430.0 FT. WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION AND
384.40 FT. SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF PRAIRIE AVENUE (S.R. # 23) ;
THENCE SOUTH, 240.0 FT. MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 2.37 ACRES.
SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD.
BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL ,"E" 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.
f
NAU112 fLaideL. :�i
111.°-EMBER OF if�' COMMON COUNCIL
•
(tnmmtttrr 9rpnrt
Ohl the Cum= Tamil of tie QtttV of*until fiend:
Your Committee of the Whole
to whom was referred
BILL NO.
87-94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
2610 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.
Roland Kelly, Chairman
FREE PRESS oPIEN PUBLISHING CO.
Revised 9/27/94
DATE FILED APPLICATION NO.
DATE RECEIVED BY AREA PLAN COMMISSION
I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION 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:
2610 PRAIRIE AVENUE
SOUTH BEND, INDIANA 46614
2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
BRUNO & ROSA CATALDO, 2610 PRAIRIE AVENUE, SOUTH BEND, IN. . 46614
PHONE NUMBER ( 219) 288-3320.
3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE:
N.A.
4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED
FROM "A" RESIDENTIAL. "A" HEIGHT & AREA
TO "C" COMMERCIAL, "E" HEIGHT & AREA
5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) :
A) . RESTAURANT & TAVERN WITH SALES OF ALCOHOLIC BEVERAGES
AND ACCESSORY BUILDING.
6) . 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 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, 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.
SIGNED, v L ` JZ
Kl� ETH P. EDDER - ATTORNEY
FOR BRUNO & ROSA CATALDO
205 W. JEFFERSON BLVD. SUITE 300
SOUTH BEND, INDIANA 46601 (219) 234-6061
PETITION PREPARED BY AND CONTACT PERSON:
KENNETH P. FEDDER, ATTY. , 205 W. JEFFERSON BLVD. SUITE 300
SOUTH BEND, INDIANA 46601 (219) 234-6061
Revised 9/27/94
LEGAL DESCRIPTION
THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT WHICH IS NORTH, 1351.0 FT. MORE OR LESS AND
WEST, 430.0 FT. MORE OR LESS FROM THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF SAID SECTION 22; THENCE WEST, 301.70 FT. ; THENCE NORTH, 444.0 FT. MORE OR
LESS TO THE CENTERLINE OF PRAIRIE AVENUE (S.R. # 23) ; THENCE NORTHEASTERLY
ALONG SAID CENTERLINE, 136.0 FT. MORE OR LESS TO A POINT WHICH IS 629.0 FT.
WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 217.0 FT. MORE OR
LESS TO A POINT WHICH IS SOUTH, 180 FT. FROM THE SOUTH RIGHT-OF-WAY LINE OF
PRAIRIE AVENUE (S.R. # 23) ; THENCE EAST, 139.0 FT. TO A POINT WHICH IS 490 FT.
WEST OF THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH, 76.0 FT. MORE OR
LESS TO A POINT WHICH IS 341.40 FT. SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF
PRAIRIE AVENUE (S.R. # 23) ; THENCE EAST, 60.0 FT. MORE OR LESS TO A POINT WHICH
IS 430.0 FT. WEST OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION AND
384.40 FT. SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF PRAIRIE AVENUE (S.R. # 23) ;
THENCE SOUTH, 240.0 FT. MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 2.37 ACRES.
SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD.
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
October 19, 1994
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 Bruno and Rosa Cataldo to
zone from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and
Area, property located at 2610 Prairie Avenue, City of South Bend - APC #1628-94
Dear Council Members:
The above referenced ordinance and site development plan of Bruno and Rosa
Cataldo was legally advertised on October 6, 1994. The Area Plan Commission at
its public hearing on October 18, 1994, took the following action:
Upon a motion by Joseph Serge, being seconded by Joseph Zappia and carried, the
proposed ordinance and site development plan of Bruno and Rosa Cataldo to zone
from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area,
property located at 2610 Prairie Avenue, City of South Bend is sent to the Common
Council with a favorable recommendation as tendered.
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.
Sincerely, -
Richard S. Johnson
RSJ:sr
Attachment
CC: Bruno and Rosa Cataldo
CC: Kenneth P. Fedder
Pled fiI1--'°'--*--_
494 I
a eta". e 4t ----.. „,
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN
•
STAFF REPORT October 7, 1994
Bruno and Rosa Cataldo 1628-94
Location: 2610 Prairie
Avenue
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "A" Residential, "A" Height and Area to
"C" Commercial, "E" Height and Area to allow a
restaurant, with the sale of alcoholic
beverages and accessory buildings.
EXISTING LAND USE: The property contains a restaurant and a bar.
SURROUNDING LAND USE AND ZONING: Located to the north are single family homes
zoned "A" Residential; to the east is a single
family home zoned "A" Residential; to the
south is vacant land zoned "A" Residential;
and to the west is vacant land zoned "A"
Residential.
ACCESS: Access to the site is from Prairie Avenue.
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 98,882 square
feet. Of that, the buildings will occupy
8,812 square feet, or 9 percent of the site;
the parking and drives will occupy 66,370
square feet, or 67 percent of the site; and
23,700 square feet or 24 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 final.
AGENCY COMMENTS:
137 J 2:
1 6 136 36 936-85
V 75 74 73 72 71 70. 69 68 67 66 65 64 63 62 ZO 7470-e
AP4 22 -71 60 59
Z 536:-71 fit P� Ci
C Ct.;) A
w 76 77 78 A 1' Q 131 c..,, :;.- 41i'
79 80 W 30 ���
*�L ► I COMMERCI
FA I RV I E , �� L1 � �c� /
COM AL / APCq 1167-88■ S T ZO 7867-88
100 99 98 97 96 95 4 90 / CD
O 91
94 93 92 lll Cr m
L�l`1
Cr* I 11 a�L
101 102 103 104 y ' `_,n,► V��::'.I :: 0 I Q
Ce
( 05 LJI:>i
7 O
_glai I I _Z
LIrt �• ..,,,,:... : PC 951-85 2
I R V I NGTON yJ,� Z y??t r4 S,»EXPgRED751
1 0 6 V .E .�irr1.1 •.. •7 :: 6
Ce
1 0 7 "PTA..I.S VIS:":{:r::::{i: ::::^. W
[ 2
111 5 V
O
■ 1 1 0 - .7S.:{'11 :Y�tf.' ^:7L1:�::7t:7:�:1�1::1Y: O
06 AI.qP -
:::.::: :
APC 374-74 ................................... ,W 3
Z 5955-76 I I— LL
A.O. 5128-69 ADD. JAN. 1974 — --4__-
_ — Q 2
_______
A _ IRVINGTON
1- 1
I
U I
I
I
1 I 1 I
REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA
TO: "C" COMMERCIAL, "E" HEIGHT & AREA
PETITION AREA I -a
SOUTH BEND ZONING
"A" RESIDENTIAL I I APC #1628-94
"C" COMMERCIAL I I
0 100 200
Graphic Scale