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HomeMy WebLinkAboutZoning - 630 W Washington St & 124 S Scott St • • ORDINANCE No. 8255-92 Passed by the Common Council of the City of South Bend, Indiana April 13, 92 '9 Attest: City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— April 14, 92 19 City Clerk IRENE K. GAMMON Approved and signed by me cciv\AL)L., 'g g Co - Mayor ORDINANCE NO. g4, 5,5--9 :; AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 W. WASHINGTON ST. AND 124 S. SCOTT ST. IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council fo the City of South Bend, Indiana: SECTION I. Ordinance No. 4990-68, as amended, which ordin- ance 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 Number 43 in the State Bank of Indiana's First Addition to the Town, now City, of South Bend, and all of the land lying between said B.O.L. 43 and Washington street, being further described as follows: Beginning at the Southwest corner of said B.0. 1. 43 ; thence North along the East right- of-way line of Scott Street a distance of 295. 6 feet to the South right-of-way line of Washington Street a distance of 147.84 feet; thence South and parallel to said East line of Scott Street a distance of 295. 6 feet; thence West a dis- tance of 147 .84 feet to the place of beginning. be and the same is hereby established as A-3, 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 o Mie Common Council Isigned only to provide an opportunity for public discu5sion and Council action on the issue,, • • • Date Filed Application No. Date received by the Area Planning 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 Address : 630 W. Washington St. and 124 S. Scott St. South Bend, IN 46601 2) Name . and address of property owners of the petition site • Don and Victoria Perkins Donald and Judith Gravenor • 518 E. Ewing Ave. R.R. #1, Box 390 Spruce Rd. South Bend, IN 46614 Walkerton, IN 46574 Phone: ( 219) 289-3972 ( 219 ) 586-2334 3 ) Name and address of lessees . Lisa Beth Maguire 116 Maumell St . Hinsdale, IL 60521 Phone: ( 708) 655-9474 4) It is desired and requested that this property be rezoned: from B C Height and Area to A-3 D Height and Area 5)r This rezoning is requested to allow the following use: Bed and Breakfast • Inn, occasionally also to be used for small weddings, wedding receptions and small meetings . 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, we and any contingent purchaser • understand that if the Council approves this petition to re- zone, 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 tor 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 petition property to revert to the initial zoning classifi- cation . Under certain conditions, a time extension on the submittal of the final site plan may be requested . Signatures of All Property Owners Don V. Perkins V ✓ ���qz- r Victoria J. Perkins t � Z .i , Donald C. Gravenor W2 Date Filed Application No. Date received by the Area Planning 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: Address: 630 W. Washington St. and 124 S. Scott St. South Bend, IN 46601 2) Name and address of property owners of the petition site: Don and Victoria Perkins Donald and Judith Gravenor 518 E. Ewing Ave. RR #1, Box 390 Spruce Rd. South Bend, IN 46614 Walkerton, IN 46574 Phone (219) 289-3972 (219) 586-2334 3) Name and address of contingent lessees: Robert and Pauline Medhurst 420 West Washington St. South Bend, IN 46601 Phone (219) 234-5959 4) It is desired and requested that this property be rezoned: from B C Height and Area of 1 acre to A-3 C Height and Area of 1 acre 5) This rezoning is requested to allow the following use: Bed and Breakfast Inn 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 pro- perty owners within 300 feet of the petition property. 7) By signing this petition, we and any contingent purchaser understand that if the Council approves this petition to re- zone, 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 peti- tioned property to revert to the initial zoning classifica- tion. Under certain conditions, a time extension on the sub- mittal of the final site plan may be requested. Signatures of All Property Owners Don V. Perkins zb`fr 1 1 /'1 ' 7) / _ Date Filed Application No. /I/y:3 , 7Z Date received by the Area Planning 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. 3 ) The property pought to be rezoned is located at: Address: 630 W. Washington St. and 124 S. Scott St. South Bend, IN 46601 2) Name and address of property owners of the petition site: Don and Victoria Perkins Donald and Judith Gravenor 518 E. Ewing Ave. RR #1, Box 390 Spruce Rd. South Bend, IN 46614 Walkerton, IN 46574 Phone (219) 289-3972 (219) 586-2334 3) Name and address of contingent lessees: Robert and Pauline Medhurst 420 West Washington St. South Bend, IN 46601 Phone (219) 234-5959 4) It is desired and requested that this property be rezoned: from B C Height and Area to A-3 , D Height and Area 5) This rezoning is requested to allow the following use: Bed and Breakfast Inn, Occasionally also to be used for small weddings, wedding receptions anr' small meetings. 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 pro- perty owners within 300 feet of the petition property. 7) By signing this petition, we and any contingent purchaser understand that if the Council approves this petition to re- zone, 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 peti- tioned property to revert to the initial zoning classifica- tion. Under certain conditions, a time extension on the sub- mittal of the final site plan may be requested. • Signatures of All Property Owners 2. 2y t V. Perkins Ciak-h.-0 ° "/Don , 1 ,teiZ / - zit 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 March 17, 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 Don and Victoria Perkins and Donald and Judith Gravenor to zone from "B" Residential, "C" Height and Area to "A-3" Mixed Use Multifamily Residential and Commercial, "D" Height and Area, property located at 630 W. Washington St. and 124 S. Scott St., City of South Bend - APC #1443-92 Dear Council Members: The above referenced ordinance and site development plan of Don and Victoria Perkins was legally advertised March 5, 1992 and March 7, 1992. The Area Plan Commission at its public hearing on March 17, 1992, took the following action: Upon a motion by Harold Means, being seconded by Willie Morgan and unanimously carried, the proposed ordinance and site development plan of Don and Victoria Perkins and Donald and Judith Gravenor to zone from "B" Residential, "C" Height and Area to "A-3" Mixed Use Multifamily Residential and Commercial , "D" Height and Area, property located at 630 V. Washington St. and 124 S. Scott St., City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Approving the proposed Bed and Breakfast will permit a viable economic use of the existing building while allowing it to retain its historic character - something which may not be feasible in the case of other potential uses for this property. This site lies adjacent to "A-3" zoning to the east, and there are other Bed and Breakfast establishments in the vicinity. In the Commission's opinion, the proposed rezoning should not have a detrimental effect on the surrounding neighborhood. PLEASE NOTE that the Petition and Ordinance have been amended by the petitioner and are 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. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • 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: Don and Victoria Perkins CC: Robert and Pauline Medhurst CC: Don V. Perkins • • STAFF REPORT March 9, 1992 Don and Victoria .Perkins and Donald and Judith Gravenor 1443-92 Location: 630 W. Washington St . and 124 S. Scott St. City of 'South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "C" Height and Area to "A-3" Mixed Use Multifamily Residential and Commercial, "D" Height and Area to allow a bed and breakfast inn, small weddings, wedding receptions, and meetings. EXISTING LAND USE: The property contains a large single family residence and two accessory buildings. SURROUNDING LAND USE AND ZONING: Located to the north across Washington Street are apartment buildings zoned "B" Residential ; to the east is a restaurant zoned "A-3" Mixed Use Multifamily Residential and Commercial ; to the south are apartment buildings zoned "B" Residential; and to the west across Scott Street are offices and apartments zoned "B" Residential. ACCESS: Access, to the site is from Scott Street . WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 43,690 square feet . Of that, the buildings occupy 4,488 square feet , or 10.3 percent of the site; the parking and drives occupy 5,600 square feet, or 12.8 percent of the site; and 33,602 square feet or 76.9 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 . $ITE ;PLAN The site plan is preliminary. AGENCY COMMENTS: The City Engineer noted that a drainage plan will be required and that the curbing along Scott Street will need to be replaced. The Staff notes that the issue of providing adequate parking for all of the proposed uses will have to be resolved prior to Final Site Flan approval. Name & Address Tax Code No. Kenneth F. & Rosemary Moehle 18 1024 1036 720 W. Colfax Av. South Bend, IN 46601 Dennis & Noreen Moran 18 1024 1040 716 W. Colfax South Bend, IN 46601 Judith A. Aldape 18 1024 1041 712 W. Colfax South Bend, IN 46601 Carolyn Curry-Mays 18 3050 1945 713 W. Jefferson South Bend, IN 46625 Elwood & Evelyn H. Van Sleet 18 3050 1942 717 W. Jefferson South Bend, IN 46625 City of South Bend 18 3050 1941 County City Bldg. South Bend, IN 46601 Mary H. Gluchowski 18 3050 1944 133 S. Scott St. South Bend, IN 46625 Timothy E. Mathias 18 3050 1943 129 S. Scott St. South Bend, IN 46625 James L. Kinney 18 3050 1923 714 W. Washington South Bend, IN 46601 Neil L. Gilbert 18 3050 1922 720 W. Washington South Bend, IN 46601 Kirt L. Edly 18 3050 193101 120 Garfield Court South Bend, IN 46601 Lloyd & Florence Enoch 18 3050 192501 1215 N. Eclipse South Bend, IN 46628 • Page 3 Name & Address Tax Code No. W. H. Calvin Murdock 18 3047 1819 2114 Valley American Bank Bldg. South Bend, IN 46601 American Telephone & Telegraph Co. 18 3047 1805 P. 0. Box 1329 Morristown, NJ 07960 Marianne Surges 18 3047 1797 126 S. Scott St. South Bend, IN 46601 Lee F. Barnhart 18 3047 1799 P. 0. Box 10106 South Bend, IN 46680 Paragon Steakhouse Restaurants, Inc. 18 3047 1795 P. 0. Box 129020 San Diego, CA 92112 Washington Street Partnership 18 1024 1056 918 E. Jefferson Blvd. South Bend, IN 46617 Raymond D. Waldman 18 1024 1054 416 W. Lexington Ave. Elkhart, IN 46516 Donald K. Irmiger III 18 1024 1055 117 N. Taylor St. South Bend, IN 46601 Charles Keith Wishmeier 18 1024 1053 119 N. Taylor St. South Bend, IN 46601 Robert A. & Susan L. Schlifke 18 1024 105201 205 W. Jefferson Blvd, Suite 300 South Bend, IN 46601 F. W. , Jr. & Angie R. Chamblee 18 1024 1051 610 W. Colfax South Bend, IN 46617 Charles W. Lahey 18 1024 1052 502 W. Washington South Bend, IN 46601 . Page 2 Name & Address Tax Code No. Southhold Heritage Foundation, Inc. 18 3050 1927 914 Lincolnway West South Bend, IN 46616 Vincent E. & Virginia M. Waldschmidt 18 3050 1924 113 Garfield Ct. South Bend, IN 46601 Donald E. & Carol L. Jankowski 18 3050 1958 1125 Fairfax Dr. South Bend, IN 46614 Cornerstone Properties 18 3050 1957 918 E. Jefferson South Bend, IN 46617 Frederickson House Partnership 18 1024 1042 702 W. Colfax South Bend, IN 46601 Charles W. Cox 18 1024 1033 516 W. Grove St. Mishawaka, IN 46545 Thomas W. Elliot 18 1024 104601 629 W. Washington South Bend, IN 46601 John Friedline 18 1024 1045 918 E. Jefferson South Bend, IN 46617 T. Brooks Brademas 18 1024 1044 711 W. Washington, Apt. D South Bend, IN 46601 Thomas C. & Suzanne Z. Miller 18 1024 1043 715 W. Washington South Bend, In 46601 Vera J. Holley 18 1024 1039 719 W. Washington South Bend, IN 46601 Lawrence H. & Deborah A. Dwyer 18 1024 1038 727 W. Washington South Bend, IN 46625 F 4 Page 4 Name & Address Tax Code No. Center City Housing 18 1024 1047 P. 0. Box 4077 South Bend, IN 46635 Daniel Dale & Leona M. Spencer 18 3050 1918 115 S. Scott Street South Bend, IN 46625 Herbert T. & Mary Ann Herendeen 18 3050 1916 1109 N. Brookfield South Bend, IN 46628 H & K Realty 18 3050 1917 704 W. Washington South Bend, IN 46601 Wilbur West 18 1024 1035 724 W. Colfax South Bend, IN 46601 •Fc j t ��T � it %t4 ` 1 F ' I 1 I. ;....,:.!1'.. _f` z v 1: I `f 7 • \c.,. .,. ,,,.-,z .-,;...-... .-._. .,-- . .'. :-:..-. .. . . . .q • t d �� ....‘..-' . . ,,. . -1,.. : •.:.'--...:;1-- . . r -,.... :-:-.7,....i:::.i:j..i -.: -..:'.-- .., - -. .-' Pi ,fild ,:,filr,... .....:._:_,,,;- ,11111 I► ',. t . Y?. w ,, ...,..„. WASH I NGTON . �� ' ; i , : . ..,...— ; 1 `' ' `".,.: ,. ..„ t, . . 1 -- J �-..... a � , -V i JEFFERSON BLVD. ..•■11I1U! �l� an r i w 11111111 II ■. 1 WAYNE J I I1 ■II! r 7,,,::::-: ; ..•.:'.:. II I MI me ice' ■ 0I/ nil y 1 REZONING FROM "B" RESIDENTIAL, "C" HEIGHT AND AREA APC #1443-92 TO: "A-3" MIXED USE,. "D" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL I I "A-1" RESIDENTIAL "B" RESIDENTIAL 1,- "A-3" MIXED USE "C" COMMERCIAL NORTH i • r VI/,4. --//,j 7'0.0 T/L T /¢98` to a) �.-I a) 0 U N O 0 O"J t; 4, 413 t6 N $ O 1� -.4 0 • p,4/2 TL F+ O co 34 U O A H H to . ...W a w a NI Ill"x w g .. O to L_H v 0 '�IdP 0 s4. M 4. N to Q -4 OV �N0 w 4' a3 "-IV u.t aw U N lAO [ p h S 0 O * 2 a i t O.C' .0 t N N N O 6 rh 4 . .1 w ° . V Si v..I U >i • ° 0 H o 3 lt....i.Cti M vV � �' tr, a° H� o � s4w b 0I /fa g DRt�E 2cEi P b.i g o � 4 � 0-A W ° vO0 ° 400 g P444iw V, 004) atOZ ° �,ONK 0 y QN"a � v t ,Q V N v+ . .NO o �� O a aw '' or U w N „ .c eaN u 4-, O Z +-1 ; lQ Oa o N 0 0.4.m.4, O 0rq C �Jl • � 0 p PilC`L' ° ° , 0 . a LOr 43• ao H 0 '1 . at o o 4 (PF►CCE4.Z) • G.7 aver H w.) ni w N ° O ° e M 0 z � na � ° wB� `` • Uad4' � c, 4'. E ;'•.-1,0 sA 4.1 * hJ 9 � Cp¢QiA� P, 03 a0 S, aW 04Uti V m. ;) � a it A Abase' pi /' • V 10: FIRST FEDERAL SAVINGS , ABSIRAC1' AND TITLE CORPORATION or ANY TITLE INSURANCE UNDERWRITER who insures the title to the surveyed premises as evidenced by the issuance of a COMLTME[1r FOR TI'T'LE INS within 30 days of the date of certification or r-ecertifict.ion of this survey I, LARRY E. VANGSIXL, an Indiana Registered Land Surveyor, hereby certify that I have survey C3- of land shown hereon for MORTGAGE purposes and that there are no encroachments unless i icated hereon.' This survey is prepared for use by the designated parties only for MORTGAGE purposes and/�_shocl t: jet-;be �''\ used to establish boundary and/or fence lines. I further certify that this tract is j10Frw�'t •r a food % plain as designated on maps provided by the L�h1)ERAL INSURANCE ADMINISTRATION "'”o `2' `% e C'�- l"7;li c. ,_ t?' Certified October 23, 1989 ', r;I ao��iAri£p t • finmmtt#rr Report Elio tide Common &wutt of ter CV of +outs fern): Your Committee of the Whole to whom was referred BILL NO. 15-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 630 W. WASHINGTON ST AND 124 S. SCOTT ST. IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended by substitution. Ann Puzzello Chairman