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Home My WebLink About8428-93 Zoning - 3500 Block of North Maple Rd ORDINANCE No. 8428-93 Passed by the Common Council of the City of South Bend, Indiana_ Novembe r 8, 199 3 Attest: - City Clerk IRENE K. GAMMON Attest: ��._–�� _ ' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 9, 19 93 City Clerk IRENE K. GAMMON Approved and signed by me /� 0 19 93 6� Mayor ORDINANCE NO. 814 a8-9..3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF NORTH MAPLE ROAD IN THE CITY OF 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: PARCEL I. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH 50 FT. HALF RIGHT-OF-WAY LINE OF MAPLE ROAD AND THE WEST LIJE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE S. 42"-44'-20" W. ALONG SAID NORTH RIGHT- OF-WAY LINE, 248.74 FT.; THENCE N. 47 -15'-40" W., 105.56 FT.; THENCE N. 00"-03'-44" E. , 46.11 FT. ; THENCE N. 890-07'-11" E., 250.38 FT. TO SAID WEST LINE; THENCE S. 00"-43'-34" W. ALONG SAID WEST LINE, 355.94 FT. TO THE POINT OF BEGINNING. CONTAINING 2.63 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C " COMMERCIAL, "A" HEIGHT & 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. IM MBER'OF THE COMMON COUNCIL u!gitea only to provide opportunity for publics ': ucv2Qn. sod Coutabil *lotion .. -93 Filed in le ' 1st READING �° PUBLIC HEARING /1 d"7"� 3rd READING //- g- 7-2 SEP 8: rr NOT APPROVED } REFERRPI;1, =.,; IRENE GAMMON PASSED CITY CLER SO.BEND,IN. DATE FILED -APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION 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: 3500 BLOCK OF MAPLE ROAD SOUTH BEND, INDIANA 46628 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SOCIETY BANK C/O HAL. E. CLEAVINGER CO-TRUSTEE KATHLEEN L. HOLCOMB CO-TRUSTEE FOR WILLIAM & MARY A. KIZER ESTATE FOR WILLIAM & MARY A. KIZER ESTATE 21677 AUTEN ROAD 21677 AUTEN ROAD SOUTH BEND, INDIANA 46628 SOUTH BEND, INDIANA 46628 PHONE NUMBER (219) 272-7525 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: KANIEWSKI & SONS FUNERAL HOME 3402 LINCOLN WEST SOUTH BEND, INDIANA 46628 PH. # (219) 232-8278 N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "B" RESIDENTIAL, "A" HEIGHT & AREA TO "C" COMMERCIAL , "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). FUNERAL HOME 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 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. SIGNED, d Cam, fn L PETITIONED PREPARED BY AND CONTAC PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH 50 FT. HALF RIGHT-OF-WAY LINE OF MAPLE ROAD AND THE WEST LI1E OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE S. 42u-44'-20" W. ALONG SAID NORTH RIGHT-OF-WAY LINE, 248.74 FT.; THENCE N. 47 -15'-40" W., 105.56 FT.; THENCE N. 00u-031-44" E., 46.11 FT.; THENCE N. 89°-07'-11" E., 250.38 FT. TO SAID WEST LINE; THENCE S. 00u-43'-34" W. ALONG SAID WEST LINE, 355.94 FT. TO THE POINT OF BEGINNING. CONTAINING 2.63 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ` • r. �� "ti ter. z• _u GREEN ADE \FII.Z. I z CT. R�•V T TT CO/ CROS' i / S-RING IL ' art' D , .. ... _... . � � 1 MAY Pi. ,......,,,,,.,,,,,,,„,,,,,,c,,,,,,,,,k.:),-4,„,,,,5-,. It > Ira "fix ,p-aa f t a , y. r , i� v `�`� t to ,err L..,.... n'""'w" ',,",w #;`. ,,, fi, t 5 '" 'N�5'i'n m h �u . YY`i f, ;5";4 r �"Y f ' i"-N „,.... 0 ��\ Off? ,V;;N 0 t , O\\ b u s. P.. i Y.�� 44WWW:3'�� Petit Area 3 'il k 0,,§ }, , r 2. it` APC 1380.8 J CO �\ ?. �. {1MDT 548.91 AMDT 506.08 J a �O �`\ , 0 ` __ _ -- in 2 8 � � .. arm a J t.;-- 3,. { 'car =b r_ 4.'7."'' r'- , -4- ;--c. `r a "4• 7., ----•Av4-zt ' e- -0:.r � d.Y ; R MAPLE LN '4 i R--:::";7..--e! 3•, NESS y :, O s; "�' 3 +rte *- -sue '. ''''t ., . , ,h '-'"17-:,:---` ® • ;TAGS '.. NI<ilY} _ j- r $ -- -e"«e--'-' ` r ,} S T JOSEPH C O U �-\ �r SUGAR \ REZONING FROM "B" RESIDENTIAL, "A" HEIGHT AND AREA APC #1547-93 TO: "C" COMMERCIAL, "A" HEIGHT AND AREA PETITION AREA I I SOUTH BEND ZONING COUNTY ZONING "A" RESIDENTIAL I I "R" RESIDENTIAL I I "B" RESIDENTIAL _I "0" OFFICE Imo,,.,,.•.,.."i "C" COMMERCIAL "B" BUSINESS "D" LIGHT INDUSTRIAL I 1 "E" HEAVY INDUSTRIAL s.i -. ‘0 NORTH PROPERTY OWNERS WITHIN 300 FEET • OF PETITION SITE 1 . Edwin & Mary Kizer C/0 Kathleen Holcomb, Trustee 21677 Auten Road South Bend, IN 46628 2. Calvary Baptist Church 21941 Cleveland Road South Bend, IN 46628 3. St. Joseph Bank and Trust Company P.O. Box 6 South Bend, IN 46624 4. GMS Realty, Inc. P.O. Box 4056 South Bend, IN 46634 5. Jack Hurwich 11233 River Oaks Lane Osceola, IN 46561 6. Edward Rose of Indiana 6100 Newport Road P.O. Box 3015 Kalamazoo, MI 49003 7. William Kizer 52525 Portage Highway South Bend, IN 46628 8. David Kane 52610 Portage Road South Bend, IN 46628 9. JoAnn Nucci 52520 Portage Road South Bend, IN 46628 10. Gainey Realty Investment Corporation 3610 Deahl Court South Bend, IN 46628 11 . South Bend Development Authority 227 W. Jefferson Blvd. South Bend, IN 46601 fimnnt#ttrt &port Oln tI'e (lnmmon Qlonntil of the (Rig of l out17 send: Your Committee of the Whole to whom was referred BILL NO. 77-93 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF NORTH MAPLE ROAD IN THE CITY OF 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. Thomas Zakrzewski 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 October 20, 1993 - 3 \ 1' The Honorable Common Council I City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan for the Estate of William and Mary A. Kizer, to zone from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located in the 3500 Block of Maple Road, City of South Bend - APC #1547-93 Dear Council Members: The above referenced ordinance and site development plan of Estate of William and Mary Kizer was legally advertised on October 7, 1993. The Area Plan Commission at its public hearing on October 19, 1993, took the following action: Upon a motion by Willie Morgan, being seconded by John Leszczynski and unanimously carried, the proposed ordinance and site development plan for the Estate of William and Mary A. Kizer, to zone from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located in the 3500 Block of Maple Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This site is adjacent to commercially zoned property, and the proposed use will be in keeping with the development in the surrounding 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: Estate of William and Mary Kizer - Society Bank c/o Hal E. Cleavinger CC: Peirce & Associates Kathleen L. Holcomb - Co-Trustee Kaniewski & Sons Funeral Home Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT October 8, 1993 Estate of William and Mary Kizer 1547-93 Location: the 3500 Block of Maple Road (Bendix Drive) City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a funeral home. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "B" Residential; to the east is vacant land zoned "C" Commercial; to the south is vacant land zoned "A" Residential; and to the west is a church zoned "B" Residential. ACCESS: Access to the site is from Maple Road (to be renamed Bendix Drive) . 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 2.63 acres. Of that, the buildings will occupy 15,600 square feet, or 14 percent of the site; the parking and drives will occupy 64,000 square feet, or 56 percent of the site; and 35,300 square feet or 30 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: