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Home My WebLink AboutZonng - 702 Lincolnway East • ORDINANCE No. 8301-92 Passed by the Common Council of the City of South Bend, Indiana_ October 12, 92 19 Attest: City Clerk IRENE K. GAMMON Attest: . � cO.��—� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— October 13, 92 19 City Clerk IRENE K. GAMMON Approved and signed by me C654;rfaS � 19 Q y Ma or 7_ - • ORDINANCE NO. 830/- 90� AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 702 Lincolnway East 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 40, 41 AND THE VACATED 12.04 FT. NORTH-SOUTH ALLEY BETWEEN SAID LOTS AS SHOWN ON THE RECORDED PLAT OF " REPLAT OF RUSH'S 2ND & 3RD ADDITIONS " AS RECORDED. CONTAINING 0.548 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as C-Commercial, F-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 • e Common Council sI fined on17 to provide an opportunity for public , -`t°c5ion and Council action on the • Date Filed Application No. /L/( 12- °- Date received by the Area Plan, Commission (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: Lot 40 of the Replat of John Rush's Second Addition and 702 Lincolnway East. 2. ) Name and address of property owner(s) of the petition site: B & R Oil Company, Inc. Ralph & Barbara Dobson Mike Dobson 6910 N. Gumwood Rd. Granger, Indiana 3.) Name and address of contingent purchaser(s) , if applicable: N/A 4. ) It is desired and requested that this property be rezoned B-Residential, E Height and Area from:••C-Commercial , E Height and Area to C-Commercial , F Height and Area 5. ) This rezoning is requested to allow the following use(s) : To allow additional parking for proposed expansion of , our commercial business including enlarging the convenience store and adding a car wash stall. 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 we understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. 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 obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. PETITION PREPARED BY: PROPERTY OWNERS: Mike W. Dobson 7/J 6 910 N. Gumwood Rd. 4 Granger, Indiana 46530 Ral h W. Dobson ph.# (219) 272-6955:work ph.# (219) 272-5725 home /f <2. Barbara Dobson - 3-9.2 . . :_ _,,,i._, . , AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 September 16, 1992 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 B & R Oil Company, Inc. to zone from "B" Residential and "C" Commercial , "E" Height and Area to "C" Commercial , "F" Height and Area, property located at 702 Lincolnway East , City of South Bend - APC #1473-92 Dear Council Members: The above referenced ordinance and site development plan of B & R Oil Company, Inc. was legally advertised on September 3, 1992. The Area Plan Commission at its public hearing on September 15, 1992, took the following action: Upon a motion by Harold Means, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of B & R Oil Company, Inc. to zone from "B" Residential and "C" Commercial, "E" Height and Area to "C" Commercial , "F" Height and Area, property located at 702 Lincolnway East, City of South Bend, is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The area that is to be the site of the parking lot expansion is already being used in that manner. The addition of the car wash should not substantially alter the existing use of the property. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a height and area designation different than that used for the Common Council 's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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: B & R Oil Company, Inc. CC. Mike—Ti Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN .STAFF REPORT September 4, 1992, B R Oil Company, Inc. 1473-92 Location: 702 Lincolnway East City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential and "C" Commercial , "E" Height and Area to "C" Commercial , "F" Height and Area to allow additional parking and the proposed expansion of a commercial business, including enlarging the convenience store and adding a car wash stall . EXISTING LAND USE: The property contains a convenience store. SURROUNDING LAND USE AND ZONING: Located to the north across South Street is a single-family home zoned "B" Residential ; to the east across Lincolnway east is an office and apartment buildings zoned "C" Commercial , and to the south and west are two-family residences zoned "B" Residential . ACCESS: Access to the site is from Lincolnway East and South 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 23,902 square feet . Of that , the buildings will occupy 4,740 square feet , or 19.8 percent of the site; the parking and drives will occupy 17,412 square feet , or 72.9 percent of the site; and 1 ,750 square feet or 7.3 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: lei s Q W V, fl .I tiro . CJ Q t [s A . N Wel I y .iti ■err 4 �. . `r� p RON` q` 1 ra.. 8 t '� �4 S I ` ITIONY .R EA 'rye ,_� .i . ST E LM cn I ,G� , k..„, ._ _, ,„..,,,v,,• _J < .1".1'.1\ —';',:.1 _J r- �� • ' ci— ---.--,-;i.:,` y 12 IP . 13 f _____B__- - s T.(f) A\,\. 1 ■ REZONING FROM: "B" RESIDENTIAL, "E" HEIGHT & AREA AND "C" COMMERCIAL, "E" HEIGHT AND AREP TO: "C" COMMERCIAL, "F" HEIGHT AND AREA PETITION AREA I I APC #1473-92 SOUTH BEND ZONING "A" RESIDENTIAL I I "A-3" RESIDENTIAL I.III-i.. "B" RESIDENTIAL I I "C" COMMERCIAL -- "C-1" COMMERCIAL r^-"'-'_ I "D" LIGHT INDUSTRIAL I I "E" HEAVY INDUSTRIAL = 4 NORTH • • M September 9, 1992 / AAR47,4 PLAN t'I£'' o APC Area Planning Commission Room 1140 County-City Building South Bend, IN 46601 Dear Mr Johnson, I am in receipt of your letter dated September 2, 1992 concerning the putlic hearing on September 15, 1992 about the property located at 702 Lincolnway East. Our property is located at 615 Clinton Street. We, my husband and I, feel that enlarging the existing property would reduce the value of our property. This is an historical area and as a property owner I want to enhance the area , not take away of it. We are very much opposed to this because we feel that this addition would raise the crime factor. Please keep us informed of your decision. Very truly yours, /Gaytha Harris 72 Highfields Road Abington, MA 02351