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Home My WebLink About8513-94 Zoning - 3445 Lincolnway West . ORDINANCE No. 8513-94 Passed by the Common Council of the City of South Bend, Indiana. June 27, 19 94 Attest: City Clerk IRENE K. GAMMON Attest: Al _A—d' President of Common Council I/ Presented by me to the Mayor of the City of South Bend, Indiana__ June 28, iq 94 City Clerk IRENE K. GAMMON Approved and signed by me 4"/°2? `t` Mayor - ' . �� . . • ' 25P..9-71>4 ' ^ ORDINANCE NO. . ' • ^ AN 'RDINANCE AMENDING THE ZONING ORDINANCE 'FOR PROPERTY � LOCATE AT ''' - 3445 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 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 ORDERTHT THE ZONING ' CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE THE CITY OF- SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: LOTS NUMBERED ONE ( 1 ) AND TWO (2) AS SHOWN ON THE RECORDED PLAT OF ` HARTMAN' S LINCOLN WAY MINOR SUBDIVISION AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AS DOCUMENT NUMBER 9219567. ALONG WITH A PARCEL BEING A PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 90-00' -00" EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 280. 07 FEET; THENCE SOUTH 00-19' 21 " EAST MEASURED, A DISTANCE OF 155. 22 FEET MEASURED; THENCE NORTH 90-00' 00" WEST, A DISTANCE OF 110. 13 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00-12' 46" EAST, A DI8TANCE OF 250. 13 FEET; THENCE NORTH 68-18' -04" WEST, ALONG THE NORTH RIGHT-OF-WAY OF LINCOLN WAY WEST, A DISTANCE OF 21 . 56 FEET; THENCE NORTH 00-12' -46" WEST, ALONG THE EAST LINE OF LOT NUMBER 1 OF THE PLAT OF HARTMAN' S LINCOLN WAY MINOR SUBDIVISION, A DISTANCE OF 242. 16 FEET; THENCE SOUTH 90-00' 00" EAST, A DISTANCE OF 20. 00 FEET TO THE PLACE OF BEGINNING. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL/ A HEIGHT AND AREA SECTION II . THIS ORDINANCE, AND THE AMENDMENT OF THE CITY OF SOUTH BEND ZONING ORDINANCE ESTABLISHED HEREBY, IS AND SHALL BE SUBJECT TO SUBMISSION TO AND APPROVAL OF THE ST. JOSEPH COUNTY• AREA PLAN COMMISSION OF A FINAL SITE DEVELOPMENT PLAN FOR THE PETITION AREA. SECTION III . THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSA 0 04HE OUNCIL, APPROVAL BY _ THE MAYOR, AND THE LEGAL PUBLIC S REQL ��} BY LAW. ^/ ' ~ ' ~ ~- � � � ' _. _ - ' -- wp�� - - - - --- ---' -- - � -- r�'' / OF COMMON �� CIL � r " Filed In �� - _'—_— . 1st [CuAu�� / PUni,C HENZING -,7-.9.-4,/ : n,6 RING x:, � ~�� ? e • �ews JT k��QY6D cqy amm,six mm,m. • ‘..kL‘• 4119!P44.704;r1C.7, DATE FILED APPL.I CAT I.ON NO. DATE RECEIVED BY THE AREA PLAN COMMISSION WE THE UNDERSIGNED MAKE APPLICATION TO ':I UE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HI.s,RRIN REQUESTED. 1 ) THE PROPERTY SOUGHT TO BE REZONED TS LOCATED: 3445 LINCOLN WAY WEST, SOUTH 131__+,ND, .INDIANA 2 ) NAME AND ADDRESS OF PROPERTY OWNERS OF THE PETITION SITE: FAM-RES INC 434 W. M.ISHAWAKA AVENUE MISI-LAWAKA, INDIANA 46545 RI CHARD L . AND KARYN L . BEST 2 2 0 1 IRONWOOD CIRCLE SOUTH BENZ), INDIANA 46635 3 ) NAME AND ADDRESS OF CONTINGENT PURCHASER: ( SAME AS ABOVE) 4 ) IT IS DESIRED AND REQUESTED 'l'HAT THIS PROPERTY :BR REZONED FROM "C" COMMERICAL TO "C" COMMERICAL , A HEIGHT A.ND AREA 5 ) THIS REZON.1.NG IS REQUESTED TO ALLOW A RESTAURANT WITH DRIVE UP WINDOW / CONVENIENCE STORE / GAS STATION. 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 D) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF PETITION PROPERTY. 7 ) BY SIGNING THIS PETITION , I AND ANY CONTINGENT PURCHASER UNDERSTAND THAT IF THE COUNCIL APPROVES THIS PETITION TO REZONE, IT MAY BR APPROVED) SUBJECT TO THE SUBMITTAL OF A FINAL SHE PLAN . A. FINAL SITE PLAN MUST BE SUBMITTED TO AND APPROVED BY THE AREA PLAN COMMISSION WITHIN ONE ( I ) 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 SI'.l'1:, PLAN . FAILURE TO SUBMIT A .FINAL SITF, PLAN OR OBTAIN A :BUILDING PERMIT WITHIN THE SPEE;CIFIE,D TIME PERIOD, CAUSES THE ZONING OF THE .PERTI:'I':IONED PROPERTY TO REVERT TO THE INIT.IAL ZONING CLASSIFICATION. UNDER CER'TAI.N CONDITIONS , A TIME EXTENSION ON THE SUBMITTAL OF TILE FINAL SITE PLAN MAY BE REQUESTED. PETITION PREPARED BY LANG, FEENEY & ASSOCIATES , INC. 715 SOUTH MICHIGAN STREET SOUTH BEND, INDIANA 46601 PROPERTY OWNERS : _ ' /-- j — ---- — -- _—. 'A —R, I •C. BY I'. JAY BUDLON / , , L _ R.I ' IAIi,D L . ND/OR KARYN L. BEST --~- - LOTS NUMBERED ONE (1 ) AND TWO (2) AS SHOWN ON THE RECORDED PLAT OF . MARTMAN" S LINCOLN WAY MINOR SUBDIVISION AS RECORDED IN THE OFFICE OF THE RECORDER 'OF ST. JOSEPH COUNTY, INDIANA AS DOCUMENT NUMBER 9219567. ALONG WITH A PARCEL BEING A PART OF THE NORTHEAST QUARTER OF SECTION 4. f TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NOP.THWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 4: ^ THENCE NORTH 90-00' -00" EAST ALONG THE NORTH LINE OF SAID EAST HALF, A ^ � DISTANCE OF 280.07 FEET; THENCE SOUTH 00+19' 21 " EAST MEASURED, A DISTANCE OF 155. 22 FEET MEASURED; THENCE NORTH 90-00'00° WEST, A DISTANCE OF 110. 13 FEET TO THE POINT OF BEGINNING; ` . THENCE SOUTH (}0-22r46° EAST, A DISTANCE OF 250. 13 FEET; THENCE NORTH s8-18' -04n WEST, ALONG THE NORTH RIGHT-OF-NAY Or LINCOLN . � WAY" WEST, A DISTANCE OF 21 . 56 FEET: THENCE NORTH 00-12' -46" WEST, ALONG THE EAST LINE OF LOT NUMBER 1 OF THE PLAT OF HARTMAN' S LINCOLN WAY MINOR SUBDIVISION, A DISTANCE OF ' . 242. 16 FEET: THENCE SOUTH 90-00' 00" EAST, A DISTANCE OF 20. 00 FEET TO THE PLACE OF BEGINNING. SUBJECT TO ANY EASEMENTS, COVENANTS OP RESTRICTIONS OF RECORD ( ^ . . _ . 446, �, �'� ~ • ° ' ` • ftmmtttrr iirpnrt Q!o the Clommon Connell of the (Mg of South Rend: of the Whole Your Committee to whom was referred BILL NO. 46-94 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3445 LINCOLN WAY 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. Chairman Roland Kelly • 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 /"; LG 9L - 9V May 18, 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 Fam-Res, Inc. and Richard L. and Karyn L. Best to zone from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3445 Lincolnway West, City of South Bend - APC #1601-94 Dear Council Members: The above referenced ordinance and site development plan of Fam-Res, Inc. and Richard L. and Karyn L. Best was legally advertised on May 5, 1994. The Area Plan Commission at its public hearing on May 17, 1994, took the following action: Upon a motion by Joseph Zappia, being seconded by Willie Morgan and unanimously carried, the proposed ordinance and site development plan of Fam-Res, Inc. and Richard L. and Karyn L. Best to zone from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3445 Lincolnway West, City of South Bend, is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This site has been rezoned in the past on a number of occasions to allow restaurants. In the Commission's opinion, the proposed use is in keeping with the surrounding development. 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, /et tad Richard S. John e RSJ:sr Attachment CC: Fam-Res, Inc. and Richard L. and Karyn L. Best CC: Richard L. and Karyn L. Best CC: Lang, F eeney & Associates, Inc. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • • STAFF REPORT May 9, 1994 Fam-Res, Inc. and Richard L. and Karvn L. Best 1601-94 Location: 3445 Lincolnway West City of South Bend REOUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a restaurant with a drive-up window, and a convenience store with gas pumps. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a vacant lot and single family homes zoned "A" Residential; to the east is a restaurant zoned "C" Commercial; to the south is a funeral home and a day care center zoned "B" Residential; and to the west is a medical office zoned "C" Commercial. ACCESS: Access to the site is from Lincolnway West. 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 58,716 square feet. Of that, the buildings will occupy 4,968 square feet, or 8 percent of the site; the parking and drives will occupy 49,048 square feet, or 84 percent of the site; and 4,700 square feet or 8 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: This site has been rezoned on several occassions in the past for fast food restaurants. However, in each case the project was never developed and the zoning reverted to "A" Residential. • • • 194 c∎a a ■ 55 82 103 130 153 176 193 220 237 54 83 102 131 152 177 192 221 236 53 84 101 132 151 178 191 222 235 52 85 Z 100 133 150 V) 51 86 99 134 149 Uri 179 223 234 �..._ w Z \��50 /4 98 135 148 180 224 233 Z rt 49 88 — 97 ° 181 Q J • 147 W 188 225 232 J 4 8 8 9 J �-4� 1 i- Z L : )•' mom, �Y 0 — W R W 1 MIN M. — 231 1 rid Ic a L�7�� %.. 230 44 45 46 147 1)0 911 92 4W1°)U! !U .�.,t' U�ca. �_� Lll li LI■I Zit 1N_II al tra I I I ®� Iiil L_CCJ ��.�'� Lr7 229 ELWOOD AVE . LIN I:u' PLAZA 1 1 REVERT TO 11 1 �� 142 IA •A• 3 ` k I 1 41 >_Y / _ N1,,- 3 Co(N LURES �■ AFC [ori� P� 7��8q`` wP -- m S Yil�`L /1/8/Ay I RES. ON APC 1204-91 ~ ! 2 'RE 1 ER 1D I I In 215 m Petition Area o V A.P.C. 260-922 __ Z.O. 8260-92 214 CO 207 A.P.C. 86-7 II C C C=, �rt� Z.O. J8-78 ■i: 1 21 3 4� 208 carcnoa oof:21 ®t PP..C. 1 369-90 Z O� I coYYmit .0. 81 3 0-91 . W ce • 212 Om 209 _. 1 ® In), 0 I I�� c 0� APC 1096-87 1. ` ZO 7765-87 roc, I ) 211 210 S �pMER 2 Ct 1 14575-63 (• Q ® /I'''' 167 168 169 170 171 nits 172 173 174 175 176 177 23 24 25 ` �J F- 46 ST . JOHNS C �q� 4748 �� l eo ` Q 150A 1 81 A 1,4, I ::: 194 167 Ce w Q �DOss I. >- 185 193 65 A Ct 0 186 192 _ 195 - REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA 4 TO: "C" COMMERCIAL, "A" HEIGHT AND AREA PETITION AREA I I SOUTH BEND ZONING , "A" RESIDENTIAL I I AlbIllk "B" RESIDENTIAL I I "C" COMMERCIAL I I "D" LIGHT INDUSTRIAL I 1 APC #1601-94 1" = 200'