The URL can be used to link to this page

Home My WebLink About8379-93 Zoning - 501 E LaSalle Ave ORDINANCE No. 8379-93 Passed by the Common Council of the City of South Bend, Indiana. May 24, I4;93 Attest: d City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— May 25, 1993 City Clerk IRENE K. GAMMON Approved and signed by me a-10 pz�t'� A-4a, Mayor ORDINANCE NO. iS7S T7-?-3 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 EAST LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46617 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 NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS NUMBERED 71 AND 72 AS SHOWN ON THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW WITHIN AND PART OF THE CITY OF SOUTH BEND, INDIANA AS RECORDED IN PLAT BOOK # 1 ON PAGE 2 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.500 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C " COMMERCIAL ,"G " 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. MEMBER Of THE COMMON COUNCIL signed on.:,:: to prowl. an opportunity for public and Council action on the i 5v.Ae EBERHART PARTNERSHIP 316 South Eddy Street South Bend, IN 46617 (219) 234-0069 Fax: (219) 234-6414 LETTER OF COMMITMENT Restrictive Covenants for zoning of property located at 501 E. LaSalle, South Bend, IN 46617. These covenants shall be attached to the new zoning of "C" Commercial, "G" Height and Area. The items listed below shall be deemed a binding restriction on the use of said property: 1. No outside telephones. 2. No outside sales of any kind (except fuel). 3. No outside storage (except underground fuel tanks). 4. No video games. 5: No alcohol sales on premises. 6. No sales of adult oriented materials. ip Signed by Edward C. - or the Eberhart Partnership this 25th day of May, 1993. i Edward C. Levy County of St. Joseph State of Indiana Subscribed and sworn to me before a Notary Public the 25th Day of May , 1993. Notary Public: ,�1.�.,.cam Si nature `'arol Sue Grodey ( g ) Resident St. Joseph County (Printed) Commission expiration date: 3-11-97 Date Filed Application Rio, Date received by the Area Plan Commission I , the undersigned make application and petition the Common Council of the City of South Bend, Indiana to ammend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at : 501 E. LaSalle Avenue, South Bend, In 46617 2) Name and address of property owner of the petition site: Lewis A. McGann 10261 Corey Drive Three Rivers, Mi 49093 (219) 232-8076 or (616) 244-8388 3) Names and Addresses of contingent purchasers : Edward C. Levy and Christopher J. Matteo 316 S. Eddy St . South Bend, In 46617 (219) 234-0069 4) It is desired and requested that . this property be rezoned "A-3" Mixed Use Multifamily from Residential & Commercial District "G" Height & Area to "C" Commercial , "G" Height & Area 5) This rezoning is requested to allow the following use(s) : A) . Convenience Store with Gas Pumps. 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 the Area Plan Commission within one (1) year of the Council ' s action. Failure to submit a final site plan within that time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Time extensions on ' the submittal of the final site pla my b equested. • Lewis A. cGann PETITION PREPARED BY: Lewis A. McGann P.O. Box 4114 South Bend, In 46634 (219) 232-8076 • LEGAL DESCRIPTION PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS NUMBERED 71 AND 72 AS SHOWN ON THE ORIGINAL PLAT OF THE TOWN OF LOWELL, NOW WITHIN AND PART OF THE CITY OF SOUTH BEND, INDIANA AS RECORDED IN PLAT BOOK # 1 ON PAGE 2 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.500 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Qtuminittrt 3trpur# Ma Ike Conn n QIount it of Up (Mg of£+on# lino): Your Committee of the Whole to whom was referred BILL NO. 30-93 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 501 EAST LASALLE AVENUE IN THE CITY OF SOUTH BEND, INDIANA 46617. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Thomas Zakrzewski Chairman AREA PLIFFOMMISSION of ST. JOSEPH. COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUN1Y—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 12/L. L 316 30- 93 May 19, 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 Lewis A. McGann to zone from "A-3" Mixed Use Multifamily Residential and Commercial District, "G" Height and Area to "C" Commercial, "G" Height and Area, property located at 501 E. LaSalle Avenue, City of South Bend - APC #1519-93 Dear Council Members: The above referenced ordinance and site development plan of Lewis A. McGann was legally advertised May 6, 1993 and May 6, 1993. The Area Plan Commission at its public hearing on May 18, 1993, took the following action: Upon a motion by Bruce Huntington, being seconded by Joseph Serge and carried, the proposed ordinance and site development plan of Lewis A. McGann to zone from "A-3" Mixed Use Multifamily Residential and Commercial District, "G" Height and Area to "C" Commercial, "G" Height and Area, property located at 501 E. LaSalle Avenue, City of South Bend is sent to the Common Council with no recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearmg, 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, t Richard S. Johnson RSJ:sr Attachment CC: Lewis A. McGann CC: Edward C. Levy and Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT May 10, 1g93 Lewis A. McGann 1519-93 Location: 501 E. LaSalle Avenue City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A-3" Mixed Use Multifamily Residential and Commercial District , "G" Height and Area to "C" Commercial , "G" Height and Area to allow a convenience store with gas pumps. EXISTING LAND USE: The property contains a sign shop and an ambulance garage. SURROUNDING LAND USE AND ZONING: Located to the north is a storage yard; to the east are retail shops and a vacant building; to the south is a sheet metal and roofing company; and to the west is a bar and a mailing business, all zoned "A-3" Mixed Use. ACCESS: Access to the site is from both LaSalle Street and Niles Avenue. 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 21 ,780 square feet . Of that , the buildings and canopy will occupy 4,506 square feet , or 21 percent of the site; the parking and drives will occupy 13,756 square feet , or 63 percent of the site; and 3,518 square feet or 16 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: • ✓tL.. IVI . (,) • •.I, ., �:•,. • •��i: /-vLIVIVIVU u) i't, ---- i 4111k115</,/ C T w d= i , c, , ., , . , ._ .., . - sORIN �- I IAINER<I,>vo (RILE� 1 ___ E....,n_, . z B ST wt z , ' Aiiii .- , , ylilliT♦ ,Stril .''�.A• �Ar . " ."""• y .. iZ Z:. .''', ' ''.--..: ' ' -1- '411r.:-::1 7, .4p. ,0•00, ., - ..-- ., , ,- , A' AI 1F ,, F.,,- , , ,..-4 440, ::::'•:':',.:' : ', ', ..,' ,. ''-,:: ''-;-;' ,7 Or - or..., - 1 ills. c-1 00 _ „ ., <Wa' Z., t ; F<�, yam_, 1 r7 I REZONING FROM "A-3" MIXED USE TO: "C" COMMERCIAL APC X11519-93 PETITION AREA L—__I SOUTH BEND ZONING "A" RESIDENTIAL I _I "A-3" MIXED USE L___,1•77- __ A "13" RESI DENTI AL I _I "C" COMMERCIAL "C-1 " Commercial I I "D" LIGHT INDUSTRIAL L. _J NORTII April 30, 1993 WWO' Ned wank. Dick Johnson FM 0 0 Rim Area Plan QBn ( �� 1100 County City Building South Bend, IN 46601 ATES Dear Dick, The issue of a convenience store on the ,cotner of Carter Wolf LaSalle and Niles Ave. has been greatly discussed by Executive Director our organization. Since the developers are applying Debbie Leonard for rezoning, we are writing to you, the Commission, Marketing Coordinator and the Common Council. Alice Miller Office Manager At the last CCA Board meeting, the Board voted 19 to 1 Board of Directors opposing the project. The reasons were: 1) the corner Becky Bonham,President Rick Pitts,Pres.Elect is too important to Niles Ave development for a KenFullmore,VicePres. convenience store, 2) The site plan was too "suburban" Greg Downes,Secretary KevinKillilea,Treasurer and not in context with the buildings around it, and 3) Bruce Bancroft,Past President the 24 hour use was a negative, not a positive. Bob Hunt,Merchants Geri Hathaway,Design Mark McDonnell,Bus.Devel. The Board did leave the door open to compromise and the Teo Hickey,Redevelopment 1)pthe building would be Tim Hartzer,Counsel criteria for that would be: Gloria Berg placed on the corner and not set back, 2) other Keith Byer alternative sites would have less negative impact for a Jim Childs Patt Crowley convenience store (i.e. Hill Street) , and 3) any , MikkiDobski "quality" promises should be put in a guarantee. The Loretta D Mike Elbode quality issues relate to lighting, building materials, milcaes landscaping, stocking groceries, no video games, and Ken Hebard Karen Kiemnec management operation issues. Bob Kraabel Craig Mac Nab Mike M jerek The East Bank Business Association also discussed the John O'Brien project and of the five or six voting members present, Vic Pantea Jeff Parker two were opposed to the project and the other three or Steve Queior four supported it for reasons of convenience. John Reese pp Jeffrey Remble Jim Roemer Both groups do agree that the area has uptapped Kitty Rose DonSchefineyer potential and is a valuable asset to the downtown area. Joe Walsh This is an important decision that has long term impact Dewery Watkins and needs careful consideration. Thank you for your Ex Officio: concern. Mayor Joe Kernan Jack McGann,Jr. S� nce ;- ! 122 S.MICHIGAN STREET SOUTH BEND,INDIANA 46601 TELEPHONE 219.282.1110 Car er Wolf FACSIMILE 219.233.7382 Executive Director SOUTH BEND WORKcc: Common lCouncil1Members DOWNTOWN Redevelopment Commission SOUTH BEND PLAYS 6)9) DOWNTOWN / (n