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Home My WebLink AboutAmending 2445 Lincolnway West & 3447 Lincolnway West t i a:\ t ORDINANCE No. 8260-92 Passed by the Common Council of the City of South Bend, Indiana. May 11, 92 Y9 Attest. � L°•�� City Clerk IRENE K. GAMMON Attest: . President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ -- May 12, 92 19 -,- �� City Clerk IRENE K. GAMMON Approved and signed by me -1\1\,0,,o �9 Mayor • ORDINANCE NO. ga. 6,0 -? • \ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 3445 LINCOLN WAY WEST AND 3447 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1 . 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: A parcel of land being a part of the Northeast Quarter of Section 4, Township 37 North, Range 2 East, Portage Township, City of South Bend, Indiana and being more particularly described as follows: Commencing at the Northwest corner of the East half of said Northeast Quarter; thence North 90-00 ' -00" East, along the North line of said Section 4, a distance of 280 . 07 feet; thence South 0-08 ' -03" East, a distance of 155.00 feet; thence South 90-00 ' -00" West parallel with said North line of said Section 4, a distance of 130. 01 feet to the place of 0 beginning for this description; thence South 0-12 '-46" East, ° st; a distance of 242 . 16 feet to the North right-of-way of :g, Lincolnway West (U.S . 20 ) a 100 foot right-of-way; thence g . North 68-18 ' -04" West along said right-of-way line, a m b distance of 257 .50 feet; thence North 0-45 '-05" West, a 4 distance of 176 .97 feet; thence North 90-00 ' -00" East, a ® �a distance of 240 .56 feet; thence South 0-12 ' -46" East, a $4 ,0 o distance of 30 . 00 feet to the place of beginning containing D Aa0 1 . 24 acres more or less . +' Subject to any easements, covenants or restrictions of 0 ' record. 0 be and the same is hereby established as "C" Commercial, A a. height and area. SECTION II . This ordinance shall be in full force and effect from and after its passage by the Common Counc431 .,.,, approval by the Mayor, and the legal publication. Filed in Clerk's Office 1st PEAD,NG 3-V- 9 s 4 - 9 'APR 6 ,e,9 r� �E�D ilG - 1 zJ�2 NOT APPROVED Member of ommon Councill RE R D IRENE GAMMQN PASSED S-��- 9a} ' ,� .e•,f aor CITY CLERK,S0.BEND,IN UaLe b'i1'ed • - Application lNo•. • s, • Date received by the Area Plan Commission we the undersigned make application to the City OE south Bend, Indiana to amend the zoning ordinance as herein requested . 1 ) The property sought to be rezoned is located: 3445 Lincoln Way West and 3447 Lincoln Way West. 2 ) Name and address of property owners of the petition site: John T. Hartman Harry B. Crawford 2810 8—Michigan 2568 Williams South Bend, IN 46613 Niles, MI 3 ) Name and address of contingent purchaser : Fam-Res Inc. Richard Best Jay Budzon 2101 Ironwood 434 W. Mishawaka Ave. South Bend, IN 46637 Mishawaka, IN '; 46545 . 4 ) It is desired and requested that this property be rezoned from A Residential, and ".C" Commercial to "C" Com)nezcial A height and area. 5) This rezoning is requested to allow the following use: Two restaurants with drive in windows. 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 fdr 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 tL the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. property Owners PETITION PREPARED BY: / i 2�•: `�� 77a7---Z , it) John T. Hartman Jack Hofferth // L'' �" _ . !- 7 Alpha Realty, Inc. 7 ) .a. . i TABULATED DATA 1 . GROSS SQUARE FOOTAGE 53 ,724 SQUARE FEET 2. PROPOSED USAGE IS RESTAURANT 3 . PARKING RATIO REQUIRED --- 1 SPACE PER 3 PEOPLE PARKING PROVIDED FOR 41 4. PROPOSED LAND COVERAGE GREEN AREA 3, 318 SQUARE FEET 6% BUILDING 2 , 312 SQUARE FEET PER BUILDING 9% PARKING AND DRIVES 45, 782 SQUARE FEET 85% TOTAL 100% 5. BUILDING HEIGHT 14 'FT. 70' /9-14R ion- 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 April 22, 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 John T. Hartman and Harry B. Crawford to zone from "A" Residential and "C" Commercial, "A" Height and Area to "C" Commercial , "A" Height and Area, property located at 3445 and 3447 Lincoln Way West , City of South Bend APC #1446-92 Dear Council Members: The above referenced ordinance and site development plan of John T Hartman was legally advertised April 9, 1992 and April 11 , 1992. The Area Plan Commission at its public hearing on April 21 , 1992, took the following action: Upon a motion by Steve Cooreman, being seconded by Charles Rogers and unanimously carried, the proposed ordinance and site development plan of John T. Hartman and Harry B. Crawford to zone from "A" Residential and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3445 and 3447 Lincoln Way West, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The question of whether "C" Commercial zoning is appropriate for this property was made when it was originally rezoned. The decision to be made now is whether a second restaurant should be permitted. In the Commission's opinion, the proposed use is appropriate for this area along U.S. 20. PLEASE NOTE that the Ordinance has been amended by the petitioner and is 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: John T. Hartman - Fam-Res Inc. - Jack Hofferth Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • STAFF REPORT April 13, 1992 • • • John T. Hartman 1446-92 Location: at 3445 and 3447 Lincoln Way West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential and "C" Commercial , "A" Height and Area to "C" Commercial , "A" Height and Area to allow the construction of two restaurants with drive-up windows. EXISTING LAND USE: The property is currently a vacant wooded lot . SURROUNDING LAND USE AND ZONING: Located to the north is vacant land and single family homes zoned "A" Residential ; to the east are restaurants zoned "C" Commercial ; to the south across Lincolnway West is a funeral home and a vacant house zoned "8" Residential ; and to the west is a dentist 's office zoned "C" Commercial . ACCESS: Access to the site is from Lincolnway West . 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 53,730 square feet. Of that , the buildings will occupy 5,007 square feet , or 9.3 percent of the site; the parking and drives will occupy 45,326 square feet, or 84.4 percent of the site; and 3,397 square feet or 6.3 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 preliminary. AGENCY COMMENTS: This property was rezoned to "C" Commercial for a fast food restaurant last year and is still pending final site plan approval . This plan calls for an additional restaurant , and will replace the original site plan. I' - . , . • , . ' • • - , . . . ;..; • . • . . KELLER L.., 7 I i B 1 I i i 1 ,_. 0 BULLA .1 ! I I ii U) • 1 . 1 B 0 (f) 1 I I i i II 1 o E , , ! . i . „„ , 0 I Lij I I I I ■ i ! I , , 1 0 i , 0 1 P-- I , _J LIJ I I PETrliT ION AREA . I-1 1 ■ .1 I — 'ELWOOD 1 , 1 • 34 1 „ LT I ------ I t----- \ . .-44:."..!-N.I.txt74 .,..4,4,„,,A-A... '-" ,-', 44'4244444 IIIII 1 3 L.J.J II , , ,,,,„ „.: a,..... 0 i c, , :„. 00 •! \._-,-) 1 ,:,„,.„ 1 1_, \ -- 1 CA \ ,-_-:, ' JOHNS ■ , cr _ _... , , 1 1 . , . . 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BRENT w000/ ' . ,V :■t;';s. , vt, 1 ---‘. -..„--„,,,,..0,-.. . au ,,„ ..4 V /....... i ROxBuRRY) i ( , i i, I II H3D NDS J lAvE czt ( I C PL.1 ( /-- . \ \ REZONING FROM "A" RESIDENTIAL AND "C" COMMERCIAL, "A" HEIGHT AND AREA TO: "C" COMMERCIAL PETITION AREA - APC 1446-92 SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL I I "C" COMMERCIAL "D" LIGHT INDUSTRIAL NORTH Q nmmtflrr Smart • On the Commit flounril of tip (Ong of*out1 Emit: Your Committee of the Whole to whom was referred BILL NO. 19-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3445 LINCOLN WAY WEST AND 3447 LINCOLN WAY WEST 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, by substitution. Ann Puzzello Chairman