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Home My WebLink About8502-94 Zoning - 3900 Lincolnway West ORDINANCE No. 8502-94 Passed by the Common Council of the City of South Bend, Indiana. May 23, /9 94 Attest: City Clerk IRENE K. GAMMON / Attest: .it ' ' `i. // President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_— May 24, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me SA z9 9 Mayor • ORDINANCE NO. DSO 02- 914 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3900 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR BASEBALL, INC. , AN INDIANA CORPORATION 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 IS HEREBY 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; Lot Lettered "A" as shown on the recorded Plat of Brentwood Estates, Second Addition to the City of South Bend, Indiana, containing approximately 1.5 acres, more or less, commonly known as 3900 Lincolnway West, South Bend, IN 46628. BE AND THE SAME IS HEREBY ESTABLISHED AS "C"-COMMERCIAL, "D" HEIGHT AND 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. ► 4.4‘L.!g/ Me ' - of the Co/y fo. Council Filed in Cies les Office DATED FILED: APPLICATION NO. DATED RECEIVED BY AREA PLAN COMMISSION: IFIENE GAMMON CITY CLERK,SO.$tI I,IN. 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: Lot Lettered "A" as shown on the recorded Plat of Brentwood Estates, Second Addition to the City of South Bend, Indiana, containing approximately 1.5 acres, more or less, commonly known as 3900 Lincolnway West, South Bend, IN 46628. 2 . Name and address of property owner(s) of the petition site: Baseball, Inc. 3900 Lincolnway West South Bend, IN 46628 3 . Name and address of contingent purchaser(s) , if applicable: N/A 4 . It is desired and requested that this property be rezoned: From "C"-Commercial, "D" Height and Area To "C"-Commercial, "D" Height and Area 5. This rezoning is requested to allow the following use(s) : a. to provide additional parking in area as shown on the amended site plan. 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 submission of a final site plan. A final site plan must be submitted to the Area Plan Commission within one (1) years of the Council 's action. 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. Time extensions on the submission of the final site plan may be requested. R= {pec ; - 1 submitted, enn= h P. Fedder - (6795-71) S e 300, First Bank Bldg. 205 W. Jefferson Blvd. South Bend, IN 46601 Telephone: (219) 234-6061 • • EXHIBIT A LEGAL DESCRIPTION Lot Lettered "A" as shown on the recorded plat of Brentwood Estates, Second Addition to the city of South Bend, Indiana. fiommtt#rr arpnrt Ma tae Comm QJountil of the (Mg of l►outl1 Mend: of the Whole Your Committee to whom was referred BILL NO. 20-94 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3900 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR BASEBALL, INC. , AN INDIANA CORPORATION. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Roland Kelly Chairman AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN • RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUN1Y—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 April 20, 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 Baseball, Inc. to zone from "C" Commercial, "D" Height and Area to "C" Commercial, "D" Height and Area, property located at 3900 Lincolnway West, City of South Bend - APC #1593-94 Dear Council Members: The above referenced ordinance and site development plan of Baseball, Inc. was legally advertised on April 7, 1994. The Area Plan Commission at its public hearing on April 19, 1994, took the following action: Upon a motion by Willie Morgan, being seconded by Charles Landesman and unanimously carried, the proposed ordinance and site development plan of Baseball, Inc. to zone from "C" Commercial, "D" Height and Area to "C" Commercial, "D" Height and Area, property located at 3900 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 was previously approved for a convenience store with gas pumps, but was never developed. The proposed parking area will be screened with landscaping and should not have a negative impact on the residential area to the south. 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: Baseball, Inc. CC: Kenneth Fedder, Atty. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT April 11, 1994 Baseball, Inc. 1593-94 Location: 3900 Lincolnway West City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C" Commercial, "D" Height and Area to "C" Commercial, "D" Height and Area to allow additional parking. EXISTING LAND USE: The property contains a hardware store and a bingo hall. SURROUNDING LAND USE AND ZONING: Located to the north is a private club zoned "B" Residential and single family homes zoned "A" Residential; to the east is a vehicle rental business zoned "C" Commercial; to the south are single family homes zoned "A" Residential; and to the west is a gas station zoned "C" Commercial and vacant land zoned "B" Residential. ACCESS: Access to the site is from Sheridan Avenue, Maplewood Avenue, and Edison Road. 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 3.6 acres. Of that, the buildings will occupy 27,670 square feet, or 18 percent of the site; the parking and drives will occupy 2.5 acres, or 71 percent of the site; and 18,171 square feet or 11 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: This site was rezoned in September of 1992 from "C-1" Commercial to "C" Commercial. The site plan attached to that rezoning indicated no development in the area proposed to expand the parking lot, requiring that the site be rezoned subject to a new site plan. is 1 ---- IV 19� C 8 13 12 .c .- CC 1 5. 2�. W 20a t 4 evl t - 0 //J 3 S 31 14 v/ B US Q 21 l _ ® O)Q-1 POS1 1.A1NOR co 1 s A4.� 10 13 32 W /}� \, `C 222 9 CY Y G� O 5 I - 1 6 f--- .,-�� s U 6 RES. 10 - 11 (n 33 `` U RES. ---- O �0�\ J --9— 12 32. / A' U VV ` l,VCC/i �kil ; 8 O I 8 13 310 txW[niut ii/4 1. 10 7 '7' REg_ -E - 14 C.„) 30 3 75 RES. , �� U 28 ® RES. L. ■ 17 \/ — ES. is = 27 4 26 U \\ lif'7 25 Petition Area °° -T TW D D ADD. W F 22 23 24 S T I BREN CPO z \ Q ED I SON - COMMERCIAL - ° MU NI RES. Q fM5 _ 166 165 164 R ' 1 s 2_ES. " RES. cn RES. RES. O : R . 4,,, W RES. U 6 83 RE RES. z M 5 RES. RES. RES. RES. RES. S 82 e4 — R" °° ,...�,,. �o ROCKS��R COROl RES. 1��1 A z 4 8 1 85 1 5 9 G3 A ' 0 RES. 5\ R , ES. RES. (U 80 86 158 E 'S■ LR J RES. 163 RES. 79 87 157 148 139 147 1 46 1 45 1 44 143 142 R�S O 1 64 165 78 88 156 �'N01 63 i 140 ST . JOHNS AVE . 77 89 155 6• 76 90 154 124 7....'...*%•.....„..... 75 91 153 1Y3 REZONING FROM: "C" COMMERCIAL, "D" HEIGHT & AREA TO: "C" COMMERCIAL, "D" HEIGHT & AREA PETITION AREA SOUTH BEND ZONING 41116. "A" RESIDENTIAL I - I "B" RESIDENTIAL "C" COMMERCIAL I I APC #1593-93 "D" LIGHT INDUSTRIAL I I 1" = 200'