HomeMy WebLinkAboutZoning - 3900 Lincolnway West known as Brentwood Shopping Center ORDINANCE No. 8295-92
Passed by the Common Council of the City of South Bend, Indiana
September 14, 92
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Attest: City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
September 15, 92
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City Clerk
IRENE K. GAMMON
Approved and signed by me �D 19
Mayor
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ORDINANCE NO. A2967-9g
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 3900 Lincolnway West,
COMMONLY KNOWN AS BRENTWOOD SHOPPING CENTER,
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 lettered "A" as shown on the recorded Plat of
Brentwood Estates, Second Addition, to the City of South
Bend, Indiana
be and the same is hereby established as "C" zoning
Classification and "D" 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
I signed only to proviae an
opportunity for public discus3ion
an4 Couuoil action on the iBSUGI
Date Filed Application No.
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:
3900 block Lincolnway West (Lot "A" Brentwood Estates)
South Bend, IN 46628
2) Name and address of property owner of the petition site:
James P. Conboy, Jr. , James J. Crandall and Thomas J.
Smurdon d/b/a Brentwood Partnership C/O James P.
Conboy, Jr. 224 W. Jefferson Blvd. # 505, South Bend IN
46601
3) Name and address of contingent purchaser, if applicable:
N/A
4. It is desired and requested that this property be rezoned
from "C-1", "D" Height and Area
to "C" , "D" Height and Area
5) This rezoning is requested to allow the following use:
Those commercial uses permitted under the "C"
Commercial Zoning classification.
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;
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, 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.Ai AID _ :id" A/
i
61-11T
P. Co=`•oy, 6.7' J. es J. a
-X9/ , ,2--i / ,/
Legal Description:
Lot Lettered "A", as shown on the recorded PLAT of BRENTWOOD
ESTATES, SECOND ADDITION, to the CITY OF SOUTH BEND, COUNTY
OF ST. JOSEPH STATE OF INDIANA.
icc
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
August 26, 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 James P. Conboy, Jr. , et al
to zone from "C-1" Commercial, "D" Height and Area to "C" Commercial, "D" Height
and Area, property located at 3900 block of Lincolnway West, City of South Bend -
APC #1465-92
Dear Council Members:
The above referenced ordinance and site development plan of James P. Conboy, Jr. ,
et al was legally advertised on August 13, 1992. The Area Plan Commission at its
public hearing on August 25, 1992, took the following action:
Upon a motion by Willie Morgan, being seconded by George Nome and unanimously
carried, the proposed ordinance and site development plan of James P. Conboy,
Jr., et al to zone from "C-1" Commercial, "D" Height and Area to "C" Commercial,
"D" Height and Area, property located in the 3900 block of Lincolnway West, City
of South Bend is sent to the Common Council with a favorable recommendation as
tendered. This property was rezoned to "C" Commercial in the past but a Final
Site Plan was never submitted to finalize the rezoning. In the Commission's
opinion, "C" Commercial zoning is appropriate for this site.
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.
-1Siinncerely,
Richard S. Johnson
RSJ:sr
Attachment
CC: James P. Conboy, Jr., et al
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
STAFF REPORT August 10, 1992
James P. Conboy, Jr. , et al 1465-92
Location: 3900 block of Lincolnway West
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "C-I" Commercial , "D" Height and Area to
"C" Commercial , "D" Height and Area to allow
those commercial uses permitted under the "C"
Commercial zoning classification.
EXISTING LAND USE: The property contains a vacant retail center.
SURROUNDING LAND USE AND ZONING: Located to the north is a lodge zoned "B"
Residential and single-family homes zoned "A"
Residential ; to the east is a truck and
automobile rental business zoned "C"
Commercial ; to the south is a single-family
subdivision zoned "A" Residential ; and to the
west is a gas station zoned "C" Commercial and
vacant property zoned "B" Residential .
•
ACCESS: Access to the site is from Sheridan Avenue,
Elwood Avenue, and Maplewood 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 156,380 square
feet . Of that , the buildings will occupy
27,670 square feet , or 17.7 percent of the
site; the parking and drives will occupy
93,310 square feet , or 59.7 percent of the
site; and 25,400 square feet or 22.6 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-1" COMMERCIAL, "D" HEIGHT AND AREA APC #1465-92
TO: "C" COMMERCIAL, "0" HEIGHT AND AREA
PETITION AREA
SOUTH BEND ZONING
"A" RESIDENTIAL I 1
"B" RESIDENTIAL
"C" COMMERCIAL
"D" LIGHT INDUSTRIAL
NORTH