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Home My WebLink About8482-94 Zoning - Northwest corner of Linocolnway West and Sheridan Streets S , r ORDINANCE No. 8482-94 Passed by the Common Council of the City of South Bend, Indiana_ April 11, 94 - r9 Attest: City Clerk IRENE K. GAMMON Attest: // ' 'r President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 12, 94 19 •444-e— City Clerk IRENE K. GAMMON Approved and signed by me 79 Mayor • AMENDED ORDINANCE NO. Y-51 1 o?- AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF LINCOLNWAY WEST AND SHERIDAN STREETS, IN THE CITY OF SOUTH BEND, INDIANA, 46628, WITH THE PROPOSED COMMON ADDRESS OF 3901 LINCOLNWAY WEST, SOUTH BEND, INDIANA, 46628. 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 part of Lot Number One, Post Place Addition to the City of South Bend, a plat recorded on August 21 , 1912 , in Book 9, Page 142, in the Office of the Recorder of St . Joseph County and described as follows : Beginning at the Southeast corner of Lot 1 ; thence North along the East line of Lot 1 and the West right of way line of Sheridan Street, 191 .00 feet, more or less, to a point, said point being 249.00 feet South of the Northeast corner of said Lot 1 ; thence West parallel with the North line of said Lot 1 , 108 .00 feet to the West line of said Lot 1 ; thence South along said West line 148 .84 feet to the North right of way line of Lincoln Way West (U.S. 20) ; thence Southeasterly along said right of way line 117 . 00 feet to the point of beginning. Subject to all legal highways, easements and restrictions of record. BE AND THE SAME IS HEREBY ESTABLISHED AS "C-1" COMMERCIAL, "A" 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. M - ' •F THE C04#4, 4 COUNCIL Date Filed Application No. Date Received by the Area Plan Commission PETITION TO REZONE I , the undersigned, make application and petition to 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: Northwest Corner of Lincolnway West and Sheridan Streets, South Bend, Indiana, 46628 , with the proposed common address of 3901 Lincolnway West , South Bend, Indiana, 46628 . (2) The name and address of the property owner of the Petition site: Jack Linn Cynthia Coleman 901 Kilbourn Street 327 Warlock Court Elkhart , IN 46515 Gahanna, OH 43230 (3) The name and address of contingent purchaser: Karen J . Orlicki 2409 Lincolnway West South Bend, IN 46628 (4) It is desired and requested that this property be rezoned from (A) Residential , A Height and Area, to (C-1 ) Commercial , A Height and Area. (5) This rezoning is requested to allow the following use: For the operation of a floral shop. (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 petitioned property; (c) a site plan; and (d) addressed, stamped envelopes of all property owners within 300 feet of the petitioned 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 ( 1 ) 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. r sh— — — W I 90 A 4 J I N U. aQ — III y ___._ 104 lur41 U Is 2_Q' 2oa +� Q 11 tt10� SUS- 21 16 !t`S ___-----1 ca 3 32 40 " —�11 — f - • *` •� liwimi A 7 ° - (Petition Area ft : i- - 31 3c 37 N( 2 i * ^ Q 35 tt weal _ r N C_) ft� a ®� 4a ttlk4or x F �!1I ® 27 Z s+ wSt � 0* ' sa ......_ 4 20 41 .i e F ! r a ` j� ' n ♦ rC i ,A•P•t � a'r e t nier , r` ,r 3.f� ,,.' 25 42 22 2J 2A 43 44' g 3' - i ; 43 4:4 t 4 ' ....AC{ vs $ { .k s . _ to 5� p.. .q,*f'. ..- ,v;,, -:,. ��I ail-7 �5 • x i EL WOOD �; a E WOO ...-. `�"j. '., i,1. 0 4 1 1q.`"yAA � ��3:a .; ts+� 3 ti. Q. vKih£ �"'t T?'7'�'S��S-0'.t dam,¢" _ :` mj:• i 133 r P4'�" . r.t .'`. A .�4i0.4' � ktt qt sac * °' I03 �" _ -."`fit : #. [V _,.f,. A i :•.7.-,e I52 16A , *� .' t36 11_1 —�_ O S j '° 141 -+k S 211 141 Z ,S1 166 150 1.0 - 0 150 r'� Q 1Sf 162 � �'}` ST RD-- „7 0 �,6 a �U R 4 99 164 O rs=i<. 213 1 S D r Q' taa 1•0 -- P� ��U , ' 212 157 I6T IJA �� IA11 ES t4ti— �✓ 147 146 145 144 18.3____ „a �}I�p ,4a s 0 ,s 4 -- s -- —_.__.__ ______- _ /9163 REZONING FROM: "A” RESIDENTIAL, "A""Al IEIGIII & AREA TO: "C-1” COMMERCIAL, " I-IEIGII-IT & AREA PETITION AREA I I Aidik SOl)TI-I BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL I I "C" COMMERCIAL """ APC X1582.-93 "D" LIGHT INDUSTRIAL I1 "F" HEAVY INDUSTRIAL I - _._-_____J 1" = 2 00' • • Tontifitttrt arpurt ao the Mourn= (IIounril of t1p 'iig of Ovid!! BrnI: Your Committee to whom was referred of the Whole BILL NO. 12-94 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF LINCOLNWAY WEST AND SHERIDAN STREETS, IN THE CITY OF SOUTH BEND, INDIANA, 46628, WITH THE PROPOSED COMMON ADDRESS OF 3901 LINCOLNWAY WEST, SOUTH BEND, INDIANA, 46628. 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 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 \ 4LL / 2-9V March 16, 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 Jack Linn and Cynthia Coleman to zone from "A" Residential, "A" Height and Area to "C-1" Commercial, "A" Height and Area, property located at 3901 Lincolnway West, City of South Bend - APC #1582-94 Dear Council Members: The above referenced ordinance and site development plan of Jack Linn and Cynthia Coleman was legally advertised on March 3, 1994. The Area Plan Commission at its public hearing on March 15, 1994, took the following action: Upon a motion by Joseph Serge, being seconded by John Leszczynski and unanimously carried, the proposed ordinance and site development plan of Jack Linn and Cynthia Coleman to zone from "A" Residential, "A" Height and Area to "C-1" Commercial, "A" Height and Area, property located at 3901 Lincolnway West, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Commercial zoning has been established on the other three corners of this intersection. In addition, a buffer is being provided between the proposed business and the residential area to the north. In the Commission's opinion, the proposed use is in keeping with the surrounding development along Lincolnway West. 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: Jack Linn and Cynthia Coleman CC: Karen J. Orlicki CC: Anthony M. Zappia Serving: South Bends Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • • STAFF REPORT March 7, 1994 Jack Linn 1582-94 Location: 3901 Lincolnway West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C-1" Commercial, "A" Height and Area to allow the operation of a floral shop. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a vacant parcel zoned "A" Residential; to the east is a hair salon zoned "C" Commercial and single family homes zoned "A" Residential; to the south is a shopping center and bingo hall zoned "C" Commercial; and to the west is a single family home zoned "A" Residential. ACCESS: Access to the site is from Sheridan Street. 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 19,903 square feet. Of that, the buildings will occupy 1,734 square feet, or 9 percent of the site; the parking and drives will occupy 5,670 square feet, or 28 percent of the site; and 12,494 square feet or 63 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: