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HomeMy WebLinkAbout8456-94 Zoning - 2403-5 & 2407-2409 Lincolnway West 1054 Fremont St 1053 N Olive St , ORDINANCE No. 8456-94 Passed by the Common Council of the City of South Bend, Indiana January 2 4, 19 9 4 Attest: "� /•4-'�`�"°-. City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— January 25, 94 City Clerk IRENE K. GAMMON Approved and signed by me //25- 1994 Mayor ORDINANCE NO. 8v-i- Ce 9 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2403-5 AND 2407-2409 LINCOLNWAY WEST, 1054 FREMONT STREET AND 1053 NORTH OLIVE STREET, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SEcnoN I. Ordinance N2 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) Lots Numbered 40, 41 and 42, Olive Heights Addition. be and the same is hereby established as "C" Commercial, 'B" Height and Area B) Lots Numbered 38 and 39, TOGETHER with the South Half of the vacated 14 foot alley lying North of Lot 38, Olive Heights Addition be and the same is hereby established as "C" Commercial, "E" Height and Area C) Lot Numbered 43 and the North 41' of Lots Numbered 44 and 45, TOGETHER with the South 9 feet of the vacated 14 foot alley lying South of Lot 46 and lying North of Lots 43, 44 & 45, Olive Heights Addition be and the same is hereby established as "C" Commercial, "E" 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. Member of t e Common Council l signed only to provlae an opportunity for ''= ct_)^ioa and Council action on the issue_, DATE FILED: APPLICATION N2: DATE RECEIVED BY THE AREA PLAN COMMISSION: PETITION FOR REZONING The undersigned makes application to the Common Council of the City of South Bend, St. Joseph County, Indiana, to amend the zoning ordinance as herein requested. 1. The property sought to be rezoned is located at: 2401, 2405, 2409 - 2411, 2413 - 2415 Lincolnway West, 1054 Fremont Street, 1047 - 1049 and 1053 North Olive. 2. Name and address of property owner(s) of the petition site: Lots Numbered 40 & 41: Marathon Oil Company Room # 1604, 539 S. Main St. Findley, Ohio 45840 Lots Numbered 42 & 43 (except the North 41' of Lot 43) Earl E. Garson & Rose I. Garson, and Lots Numbered 38 & 39 TOGETHER with the Husband and Wife. South Half of the vacated 14 foot alley lying North 3033 N. Maple Hill Court, Bldg. 3 of Lot 38: South Bend, Indiana 46628 North Forty-one (41') feet of Lots Numbered 43, 44 & 45 Erin Real Estate, Inc. TOGETHER with the South 9 feet of the vacated 14 2239 Topswood Lane foot alley lying South of Lot 46 and lying North of Lots South Bend, Indiana 46614 43, 44 & 45: All of above in the Olive Heights Addition, City of South Bend. 3. Name and address of contingent purchaser(s), if applicable: BODNER MANAGEMENT CORPORATION Bruce A. Bodner, General Partner 10455 North College Avenue Indianapolis, Indiana 46280 Telephone: (317) 848-5700 4. It is desired and requested that this property be rezoned as follows: A) Lots Numbered 40, 41 and 42, Olive Heights Addition. From "C";Commercial, "D" Height and Area to "C" Commercial, "E" Height and Area B) Lots Numbered 38 and 39, TOGETHER with the South Half of the vacated 14 foot alley lying North of Lot 38, Olive Heights Addition From "C-1" Commercial, "C" Height and Area to "C" Commercial, "E" Height and Area C) Lot Numbered 43 and the North 41' of Lots Numbered 44 and 45, TO- (7RT -T1 I? lzrith ths> C",1t1- 0 fAAt ..f tl,o ,.ns.ntorl 1 A f..-i. "1 h.., 1.:.. . Q....+1, ..F 5. This rezoning is requested to allow the following use(s): Construction of Hooks Drugstore 6. Attached is a copy of (a) legal description of the property; (b) a list of names and address of all property owners within 300 feet of the petition property; and (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. PETITION PREPARED BY: /Vaityp John H. Peddycord, Esq. (#5670-71) J o n-417 Peddycord, Esq. 7 At o ney for Contingent Purchaser, Bodner anagement Corporation MAY, OBERFELL & LORBER 300 North Michigan Street South Bend, Indiana 46601 Telephone: (219) 232-2031 Telefax: (219) 232-9789 • Exhibit "A" Lots numbered 38, 39, 40, 41, 42, 43 and the North 41 feet of lots numbered 44 and 45 as shown on the recorded Plat of Olive Heights Addition to the City of South Bend, TO- GETHER with the South 9 feet of the vacated 14 foot alley lying north of lots numbered 38, 43, 44 and 45, all as shown on the recorded Plat of Olive Heights to the City of South Bend. Key No.'s: 18-2051-1820; 18-2051-1821; 18-2051-1822; 18-2051-1823; 18-2051-1819; 18-2051-1815-01 JHP/TMJ/F/102593/C:VHP.RE\BODNER.LEG 6T# ZOOd wv£E :60 £6-17Z-60 £c8988 LTC %9 w� ' ;FREMONT ST.. :•,r•. •"•4-.Vi• - .50 • 4 i • -.W C I Fa v • 129' • - • • r .. - ' E • r • 0 - f+3 / . __ t/ s©...V h ] ' ' J . • • • OLIVE ST. - z , • v = • • • w z .p.. n, ai 0 - 4. • f"•. 0 t G7 •• s • •0 5 SIT z !! z FZT• 71. N7 Cl)to . • cm 0 2/2•d S3INLdWO3 e13JQOH 3H1 SE:60 E6, 173 d3S wo^ • i mm###rr grpnr# Wu the eumuwn Mtount%l of tip fdttg of l3out1 Enid: Your Committee of the Whole to whom was referred BILL NO. 94-93 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2403-5 AND 2407-2409 LINCOLNWAY WEST, 1054 FREMONT STREET AND 1053 NORTH OLIVE STREET, 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. 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 December 22, 1993 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 Marathon Oil Company, et al to zone from "C" Commercial, "D" Height and Area; "Cl"- Commercial, "C" Height and Area and "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 2401, 2405, 2409 - 2411, 2413 - 2415 Lincolnway West, 1054 Fremont Street, 1047 - 1049 and 1053 North Olive, City of South Bend - APC #1564-93 Dear Council Members: The above referenced ordinance and site development plan of Marathon Oil Company was legally advertised on December 9, 1993. The Area Plan Commission at its public hearing on December 21, 1993, took the following action: Upon a motion by Steve Cooreman, being seconded by Joseph Serge and carried, the proposed ordinance and site development plan of Marathon Oil Company, et al to zone from "C" Commercial, "D" Height and Area; "C-1" Commercial, "C" Height and Area and "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 2401, 2405, 2409 - 2411, 2413 - 2415 Lincolnway West, 1054 Fremont Street, 1047 - 1049 and 1053 North Olive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. 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. Sincerel , Richa d S. Johnson RSJ:sr Attachment CC: Marathon Oil Company CC: Bodner Management Corporation CC: John H. Peddycord, Esq. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN