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Home My WebLink About8407-93 Zoning - 1131 W Washington ORDINANCE No. 8407-93 Passed by the Common Council of the City of South Bend, Indiana_ August 23 , 19 93 Attest:: City Clerk IRENE K. GAMMON Attest: � 2 t t� �— J President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— August 24, 19 93 City Clerk IRENE K. GAMMON Approved and sired by me CLUttlAd a Ig Mayor ORDINANCE NO. 844d 7- $& AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1131 W. WASHINGTON IN THE CITY OF SOUTH BEND, INDIANA 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: Lot Numbered Six (6) as shown on the recorded plat of Rockafellers First Addition to the City of South Bend. be and the same is hereby established as C 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. Date Filed Application No. Date received by the Area Plan Commission I, 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: 1131 W. Washington, South Bend, Indiana, 46601 2. Name and address of property owner of the petition site: Name: Adeline Wigfall Jones Mailing Address: 1131 W. Washington South Bend, Indiana 46601 Phone: 219-288-2461 3. Name and address of contingent purchaser: not applicable 4. It is desired and requested that this property be rezoned from: A Residential, A height and area to: C Commercial, A height and area 5. This rezoning is requested to allow the following uses: In 1991, the entire near west side was reassessed according to land use and land use planning. As a result, the zoning was changed substantially. The petitioner's property at 1131 W. Washington had been C-Commercial and the building has been a barber shop and convenience/mini mart store for many years. With the rezoning, it became a grandfathered use in the new A- residential designation. The use of the building remains the same with the logical extension of the kitchen into a drive through food service. The existing kitchen on the premises will be upgraded and a 6 ' x 5 ' (30 sq. ft. ) addition will be built to facilitate the drive through food service. 6. Attached is a copy of: a. 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; 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. Je/ 7 Adeline Wigfall Jo, =s LEGAL DESCRIPTION 1131 W. WASHINGTON SOUTH BEND, INDIANA Lot Numbered Six (6) as shown on the recorded plat of Rockafellers First Addition to the City of South Bend. ftunatti##rr avert Wu the Comm Qlounril of th, CV of£routli Your Committee of the Whole to whom was referred BILL NO. 65-93 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1131 W. WASHINGTON 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. Thomas Zakrzewski Chairman ARLA .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 MILL. / s- ?3 August 18, 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 Adeline Wigfall Jones to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 1131 W. Washington, City of South Bend - APC #1542-93 Dear Council Members: The above referenced ordinance and site development plan of Adeline Wigfall Jones was legally advertised on August 5, 1993. The Area Plan Commission at its public hearing on August 17, 1993, took the following action: Upon a motion by Willie Morgan, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Adeline Wigfall Jones to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 1131 W. Washington, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This property is currently the site of a commercial business, and had been zoned commercially in the past. The West Washington neighborhood rezoning project down-zoned this and a number of other similar parcels to "A" Residential, though recogmzing the need for some commercial activity in the area. A decision was made to handle each of these existing businesses on a case by case basis as the need to rezone the parcels arises. In the Commission's opinion, the proposed request to allow the expansion of the existing business is not unreasonable in this case and should not be detrimental to the goals of the West Washington rezoning project. 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 , Richard S. Johnson RSJ:sr Attachment CC: Adeline Wigfall Jones Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • STAFF REPORT August 9, 1993 Adeline Wig-fall Jones 1542-93 Location: 1131 W. Washington City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow the addition of a drive-thru window onto an existing convenience store. EXISTING LAND USE: The property contains a convenience store and a barber shop. SURROUNDING LAND USE AND ZONING: Located to the north and east are residences zoned "A" Residential; to the south is a roofing company and residences zoned "A" Residential; and to the west is a church zoned "B" Residential. ACCESS: Access to the site is from Washington Street and Elm 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 11,977 square feet. Of that, the buildings will occupy 1,230 square feet, or 10 percent of the site; the parking and drives will occupy 3,818 square feet, or 32 percent of the site; and 6,929 square feet or 58 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: This property was down zoned from "C" Commercial to "A" Residential in July of 1991 as part of the West Washington neighborhood rezoning. Variances will be needed to reduce the required number of parking spaces and stacking spaces behind the drive-thru window. STWI.� .,. w 'R _ �..� � z w M � , . w �' z St: 2 a o —� i Q &U.. z Cr _ cc z ST. . iST AVE. �" 1011_1 -�'1�� LA.".SALL E ° ' " -� sm ASTON ' "'„k ,_ „.• Cf) ' A‘ii'..'.. . : to- , . Letelll 21i villir. . . , illpr ..,.4oX \. Q ''' w ( ; . H g Petition Area J . .„..„, .fin W tY l \ '.., cn. ,.,, „.... „, , ,,,,„...,..., ,:.,. . a4,. JEFFERSON BLVD. . FFERSON�” '` , .�*D J FFERSON2 BI • Z' y. = --1 .THOMAS ST. • t °� a Q . .t E R WAY d z : I . ° ,. i . N ,PIER 0 (.)11 ® 1111 ' - IM REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA APC #1542-93 7.b: "C" COMMERCIAL, "A" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING • "A" RESIDENTIAL I —ti 1 "A-1" RESIDENTIAL Cam] "B" RESIDENTIAL "C" COMMERCIAL "D" LIGHT INDUSTRIAL I . 1 <INJ:b NORTH