HomeMy WebLinkAbout8469-94 Amending the zoning Ordinance 4400 Block of West Western Ave •
ORDINANCE No. 8469-94
Passed by the Common Council of the City of South Bend, Indiana.
February 28, 94
19
Attest: `�"'"{' City Clerk
IRENE K. GAMMON
Attest: _ r`t`t" `' President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
February 29, 19 94
City Clerk
IRENE K. GAMMON
Approved and signed by me 19��
�r' Mayor
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ORDINANCE NO. 3 /o9 -9 V
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED IN THE 4400 BLOCK OF WEST
WESTERN AVENUE, 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:
PARCEL I: A part of Blocks Lettered "E" and "F" as shown on the
recorded Plat of Garden Village 2nd Unit and a part of Blocks Lettered "A"
and "B" as shown on the recorded Plat of Garden Village 3rd Unit, both
being additions to the City of South Bend, more particularly described as
follows: Beginning at a point on the East line of Lombardy Drive, 150 feet
North of the Southwest corner of said Block Lettered "B"; thence North
along said East line of Lombardy Drive, 392.15 feet to a point 210 feet
North of the Southwest corner of said Block Lettered "A"; thence East
parallel with the South line of said Block Lettered "A", 583.93 feet to the
Westerly line of the recorded Plat of part of Block "F" in Garden Village
2nd Unit and part of Block "A" in Garden Village 3rd Unit, an Addition to
the City of South Bend; thence Southeasterly along said Westerly line of
recorded plat 125.09 feet to a point; thence continuing Southeasterly along
said Westerly line of recorded plat, 199.86 feet to the Southeasterly corner
of Lot 523 as shown on said recorded plat of part of Block "F" and Block
"A"; thence East along the North line of said Block Lettered "E", 105.44
feet; thence Northeasterly along a line perpendicular to the Westerly line of
Villageway, 56.53 feet to the Westerly line of Villageway; thence Southeast-
erly along said Westerly line of Villageway, 70 feet to the point of tangency
of curve; thence continuing Southeasterly along said curved Westerly line of
Villageway, 202.48 feet are measurement to the Northeast corner of a tract
of land conveyed to Chester W. Waggoner by Colpaert Realty Corporation,
by virtue of a warranty deed dated June 20, 1969 and recorded July 1, 1969
in Deed Record 716, page 65, in the Office of the Recorder of St. Joseph
County, Indiana; thence West along the North line of said Waggoner tract,
210.93 feet; thence South along the West line of said Waggoner tract, 168
feet to the North line of Western Avenue; thence West along said North
line of Western Avenue 231.57 feet to the West line of said Block Lettered
"E"; thence North along said West line of Block Lettered "E", 2.65 feet to
the Southeast corner of said Block Lettered "B"; thence Westerly along the
Northerly line of Western Avenue, 543.29 feet to a point 150.01 feet
Easterly of the Southwest corner of said Block Lettered "B"; thence North
parallel with the West line of said Block Lettered "B", 151.16 feet; thence
West parallel with the North line of said Block Lettered "B", 150 feet to the
place of beginning.
•
•
foot tangent running North from Western Avenue) 125 feet; thence East on
the line parallel with the North line of Western Avenue 120.62 feet to the
Westerly line of Village Way; thence Southeasterly along said Westerly line
of Village Way to the place of beginning.
PARCEL III: A part of Block Lettered "E" as shown on the recorded Plat
of Garden Village 2nd Unit Addition to the City of South Bend, Indiana,
more particularly described as follows: Commencing at a point on the
North line of Western Avenue, 225 feet West of the West line of Village
Way, said point being the Southwest corner of a tract of land conveyed to
Chester W. Waggoner by Colpaert Realty Corporation, by virtue of a
warranty deed dated April 4, 1969 and recorded April 10, 1969 in Deed
Record 712, page 428 in the Office of the Recorder of St. Joseph County,
Indiana; thence North along the West line of said Waggoner Tract, 143 feet
to the point of beginning for the following described tract of land; thence
continuing North along a line, said line being the West line of said
Waggoner tract extended North, 25 feet; thence East parallel with said
North line of Western Avenue, 210.93 feet to the Westerly line of Village
Way; thence Southeasterly along said Westerly line of Village Way 25.82
feet; arc measurement to the Northeast corner of said Waggoner tract;
thence West along the North line of said Waggoner tract, 217.25 feet to the
place of beginning.
PARCEL IV: A part of Block Lettered "E" as shown on the recorded Plat
of Garden Village 2nd Unit Addition, in the City of South Bend, Indiana,
more particularly described as follows: Beginning at a point on the North
line of Western Avenue, 125 feet West of the West line of Village Way,
said point being the Southwest corner of a tract of land conveyed to the
Phillips Petroleum Company by Belleville Investment Company by virtue of
a Warranty Deed dated September 27, 1960 and recorded October 5, 1960
in Deed Record 606, page 197 in the Office of the Recorder of St. Joseph
County, Indiana; thence continuing West 100 feet; thence North along the
line parallel with the West line of said Phillips Petroleum Company tract
143 feet; thence East parallel with said North line of Western Avenue 217
feet, more or less to the Westerly line of Village Way; thence Southeasterly
along said Westerly line of Village Way to the Northeast corner of said
Phillips Petroleum Company tract; thence West along the North line of said
Phillips Petroleum Company tract 120.62 feet; thence South 125 feet to the
place of beginning.
be and the same is hereby established as "C" Commercial, "E" Height and Area
SECTION H. 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.
ember o '*C.nmmnn C.nnncil
DATE FILED: APPLICATION N2:
DATE RECEIVED BY THE AREA PLAN COMMISSION:
PETITION FOR REZONING
We the undersigned make application to 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:
4400 Block of West Western Avenue in the City of South Bend.
2. Name and address of property owner(s) of the petition site:
University Commons Joint Venture
Bodner Management Corp.
10455 North College Avenue
Indianapolis, Indiana 46280
(317) 848-5700
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, "E" Height
and Area to "C" Commercial, 'B" Height and Area.
5. This rezoning is requested to allow the following use(s):
To permit the filing of a new site plan for the property depicting all existing buildings
(Martin's Super Market and Osco Drugs), remodeling of and addition to existing
building and addition of two (2) future out-lots.
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, we 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.
PE'11'1'nON PREPARED BY: UNIVERSITY COMMONS JOINT VENTURE,
BY BODNER MANAGEMENT
John H. Peddycord (#5670-71) CORPORATION:
MAY, OBERFELL & LORBER
300 North Michigan Street
•
LEGAL DESCRIPTION - PHOENIX PLAZA
PARCEL I: A part of Blocks Lettered "E" and "F" as shown on the recorded Plat of
Garden Village 2nd Unit and a part of Blocks Lettered "A" and "B" as shown on the
recorded Plat of Garden Village 3rd Unit, both being additions to the City of South
Bend, more particularly described as follows: Beginning at a point on the East line of
Lombardy Drive, 150 feet North of the Southwest corner of said Block Lettered "B";
thence North along said East line of Lombardy Drive, 392.15 feet to a point 210 feet
North of the Southwest corner of said Block Lettered "A"; thence East parallel with the
South line of said Block Lettered "A", 583.93 feet to the Westerly line of the recorded
Plat of part of Block "F" in Garden Village 2nd Unit and part of Block "A" in Garden
Village 3rd Unit, an Addition to the City of South Bend; thence Southeasterly along said
Westerly line of recorded plat 125.09 feet to a point; thence continuing Southeasterly
along said Westerly line of recorded plat, 199.86 feet to the Southeasterly corner of Lot
523 as shown on said recorded plat of part of Block "F" and Block "A"; thence East along
the North line of said Block Lettered "E", 105.44 feet; thence Northeasterly along a line
perpendicular to the Westerly line of Villageway, 56.53 feet to the Westerly line of
Villageway; thence Southeasterly along said Westerly line of Villageway, 70 feet to the
point of tangency of curve; thence continuing Southeasterly along said curved Westerly
line of Villageway, 202.48 feet are measurement to the Northeast corner of a tract of
land conveyed to Chester W. Waggoner by Colpaert Realty Corporation, by virtue of a
warranty deed dated June 20, 1969 and recorded July 1, 1969 in Deed Record 716, page
65, in the Office of the Recorder of St. Joseph County, Indiana; thence West along the
North line of said Waggoner tract, 210.93 feet; thence South along the West line of said
Waggoner tract, 168 feet to the North line of Western Avenue; thence West along said
North line of Western Avenue 231.57 feet to the West line of said Block Lettered "E";
thence North along said West line of Block Lettered "E", 2.65 feet to the Southeast
corner of said Block Lettered "B"; thence Westerly along the Northerly line of Western
Avenue, 543.29 feet to a point 150.01 feet Easterly of the Southwest corner of said Block
Lettered "B"; thence North parallel with the West line of said Block Lettered "B", 151.16
feet; thence West parallel with the North line of said Block Lettered "B", 150 feet to the
place of beginning.
PARCEL II: A part of Block Lettered "E" as shown on the recorded Plat of Garden
Village 2nd Unit Addition, in the City of South Bend, described as beginning at the
Northwest intersection of Village Way and Western Avenue; thence West along the
North line of Western Avenue 125 feet; thence North on a line parallel with the West
line of Village Way (the 69.85 foot tangent running North from Western Avenue) 125
feet; thence East on the line parallel with the North line of Western Avenue 120.62 feet
to the Westerly line of Village Way; thence Southeasterly along said Westerly line of
Village Way to the place of beginning.
•
PARCEL III: A part of Block Lettered "E" as shown on the recorded Plat of Garden
Village 2nd Unit Addition to the City of South Bend, Indiana, more particularly de-
scribed as follows: Commencing at a point on the North line of Western Avenue, 225
feet West of the West line of Village Way, said point being the Southwest corner of a
tract of land conveyed to Chester W. Waggoner by Colpaert Realty Corporation, by
virtue of a warranty deed dated April 4, 1969 and recorded April 10, 1969 in Deed
Record 712, page 428 in the Office of the Recorder of St. Joseph County, Indiana;
thence North along the West line of said Waggoner Tract, 143 feet to the point of
beginning for the following described tract of land; thence continuing North along a line,
said line being the West line of said Waggoner tract extended North, 25 feet; thence East
parallel with said North line of Western Avenue, 210.93 feet to the Westerly line of
Village Way; thence Southeasterly along said Westerly line of Village Way 25.82 feet; arc
measurement to the Northeast corner of said Waggoner tract; thence West along the
North line of said Waggoner tract, 217.25 feet to the place of beginning.
PARCEL IV: A part of Block Lettered "E" as shown on the recorded Plat of Garden
Village 2nd Unit Addition, in the City of South Bend, Indiana, more particularly
described as follows: Beginning at a point on the North line of Western Avenue, 125
feet West of the West line of Village Way, said point being the Southwest corner of a
tract of land conveyed to the Phillips Petroleum Company by Belleville Investment
Company by virtue of a Warranty Deed dated September 27, 1960 and recorded October
5, 1960 in Deed Record 606, page 197 in the Office of the Recorder of St. Joseph
County, Indiana; thence continuing West 100 feet; thence North along the line parallel
with the West line of said Phillips Petroleum Company tract 143 feet; thence East
parallel with said North line of Western Avenue 217 feet, more or less to the Westerly
line of Village Way; thence Southeasterly along said Westerly line of Village Way to the
Northeast corner of said Phillips Petroleum Company tract; thence West along the North
line of said Phillips Petroleum Company tract 120.62 feet; thence South 125 feet to the
place of beginning.
J HP/D1/12-06.93;1:25/rMJ/C:VHP.RE BODPHX.LGL
Qt ntutti t n I port
Mu the (gammon (Tomtit of Or (fCit*J of'ont1 grub:
Your Committee
OF THE WHOLE
to whom was referred
BILL NO.
116-93 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 4400 W. WESTERN 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.
Roland Kelly
Chairman
FREE PRESS st4Mjs PUBLISHING CO.
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
x_. 43
February 2, 1994 11
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 University Commons Joint
Venture to zone from "C" Commercial, "E" Height and Area to "C" Commercial, "E"
Height and Area, property located at 4400 Block of West Western Avenue, City of
South Bend - APC #1572-93
Dear Council Members:
The above referenced ordinance and site development plan of University Commons
Joint Venture was legally advertised on January 20, 1994. The Area Plan
Commission at its public hearing on February 1, 1994, took the following action:
Upon a motion by John Leszczynski, being seconded by Joseph Serge and unanimously
carried, the proposed ordinance and site development plan of University Commons
Joint Venture to zone from "C" Commercial, "E" Height and Area to "C" Commercial,
"E" Height and Area, property located at 4400 Block of West Western Avenue, City
of South Bend is sent to the Common Council with a favorable recommendation as
tendered. This property has been the site of a shopping center for many years.
The proposed buildings along Western Avenue will not substantially alter the
existing land use pattern in this area.
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: University Commons Joint Venture
CC: John H. Peddycord
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN
STAFF REPORT January 10, 1994
University Commons Joint Venture 1572-93
Location: 4400 Block of West Western
Avenue
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "C" Commercial, "E" Height and Area to
"C" Commercial, "E" Height and Area to allow
the addition of two future out-lots, and to
bring existing building additions into zoning
conformance.
EXISTING LAND USE: The property contains a grocery store, retail
stores, two restaurants, and a vacant building
that is planned to be removed.
SURROUNDING LAND USE AND ZONING: Located to the north is a church zoned "B"
Residential and single family homes zoned "A"
Residential; to the east is a restaurant zoned
"C" Commercial; to the south are apartments
zoned "B" Residential and commercial uses
zoned "C" Commercial; and to the west is a
bank and a nursing home zoned "C" commercial.
ACCESS: Access to the site is from Western Avenue,
Lombardy Drive, and Villageway.
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 11.5 acres.
Of that, the buildings will occupy 2.1 acres,
or 19 percent of the site; the parking and
drives will occupy 7.9 acres, or 68 percent of
the site; and 1.5 acres or 13 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:
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REZONING FROM: "C" COMMERCIAL, "E" HEIGHT & AREA
TO: "C" COMMERCIAL, "E" HEIGHT & AREA
PETITION AREA I I
SOUTH BEND ZONING
Illik
"A" RESIDENTIAL I 1
"8" RESIDENTIAL I I
"C" COMMERCIAL PINI
"D" LIGHT INDUSTRIAL P "'I APC #1572-93
1" = 400'