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Home My WebLink AboutZoning - 3425 Lincoln Way West & 3427 Lincoln Way West • ORDINANCE No. 8182-91 Passed by the Common Council of the City of South Bend, Indiana. May 20, 91 - 10 Attest: City Clerk IRENE K. GAMMON Attest: ■ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— May 21, 91 Ig T` ��✓ City Clerk IRENE K. GAMMON Approved and signed by me Ig Mayor ' ^ ' ' ' ' ' �� ORDINANCE NO. ��/U ��- � ��J � AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3425 LINCnLN WAY WEST AND 3427 LINCOLN WAY WEST IN THE CITY OF SOUTH BEND, I�DIANA BE IT ORDAINED by the common Council of the City of South Bend, Indiana: SECTION 1. Cirdinance No. 4990-68, as amended, which ordinance is comMcnly 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 �orth, Range 2 East, City of South Bend, Portage Township, St. Joseph County Indiana and being more particular described as follows: Commencing at the Northwest corner of the East Half of said Northeast Quarter; thence North 90a-00'-00" East, along the North line of said section 4, a distance of 280.07 feet; .* thence South 0o -08'-03" East, a distance of 155.00 feet; thence South 90° -00'.-00" West, parallel with said North line of Section 4, a distance of 130.01 feet to the place of beginning for this descript ion; thence South 00°-08'-03" East, a distance of 242.02 feet to a point on the Northerly right-of-way line of Lincolnway West :U.S. Highway #20) a 100 fcmt right of-way; thence North 68Q-21'-28" West, along said Northerly right of-way line a. distance of 270.87 feet; thence North 00 -51'28" West, a distance of 142.14 feet along the Easterly line of a tract of land conveyed to Randall J and Cheryl L Dyer by a Warranty Deed recorded as instrument #9011961 in the office of the Recorder of St. Joseph County Indiana; thence North 90e00'00" East, parallel with the :\lorth line of said secticm 4 , a distance of 253.34 feet to the place of beginning. Subject to any easements, covenants of restrictions of record. be and the same is hereby established as ''C" Commercial. B Height and Ares. Section 11. This ordinance shall be effect from and after its passage by t approval by the Mayor, and the legal �' b��at ^~ ~/ �~ /`_ __ Member �' the Common Council Date Filed Application No. Date received by the Area Plan Commission We the undersigned make application to the City of South. Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located: between 3425 Lincoln Way West and 3427 Lincoln Way West. 2) Name and address of property owners of the petition site: John T. Hartman • Harry B. Crawford. 2810 S. Michigan 2568 Williams South Bend, IN 46613 Niles, MI 3) Name and address of contingent purchaser: Lee-Leigh Inc. Richard Best President 2101 Ironwood Circle South Bend, IN 46637 4) It is desired and requested that this property be rezoned from Residential, A Height and Area to "C" Commercial, B Heiht and. Area 5) This rezoning is requested to allow the following use: Restaurant with drive in window. 6) Attached is a copy of (a) legal description of the property; (b) a list of hams 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, J 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. Property Owners PETITION PREPARED BY - M/LL �/ r John I. Hartman Jack Hofferth ! Alpha Realty, Inc. -Gr �� '`� /-e 218 Sycamore South Bend, IN 46617 rrY' B. Crawford 289-0088 CONTACT PERSON: Jack Hofferth Alpha Realty, Inc. 218 Sycamore South Bend, IN 46617 TABULATED DATA 1 . GROSS SQUARE FOOTAGE 98, 725 SQUARE FEET 2 . PROPOSED USAGE IS RESTAURANT 3 . PARKING RATIO REQUIRED --- 1 PER 3 PERSONS PARKING PROVIDED FOR 93 CAPACITY ( 31 SPACES ) 4 . PROPOSED LAND COVERAGE BUILDINGS 2, 650 SQUARE FEET 3 PARKING AND DRIVES 29, 000 SQUARE FEET 29 % 5. FLOOR AREA FOR BUILDING--2, 650 SQUARE FEET 6 . BUILDING HEIGHT--14 FEET ?/ AREA 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 16, 1991 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, "A" Height and Area to "C" Commercial, "B" Height and Area, property located at 3445 Lincoln Way West , City of South Bend - APC #1402-91 Dear Council Members: The above referenced ordinance and site development plan of John T. Hartman and Harry B. Crawford was legally advertised April 4, 1991 and April 6, 1991. The Area Plan Commission at its public hearing on April 16, 1991 , took the following action: Upon a motion by John DeLee, being seconded by Gerry Phipps and unanimously carried, the proposed ordinance and site development plan of John T. Hartman and Harry B. Crawford to zone from "A" Residential , "A" Height and Area to "C" Commercial, "B" Height and Area, property located at 3445 Lincoln Way West, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan, as amended. It is the Commission's opinion that the proposed zoning is appropriate for this area along U.S. 20. • 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. oh -on RSJ:sr Attachment CC: John T. Hartman and Harry B. Crawford CC: Lee-Leigh Inc. CC: Jack Hofferth Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • * STAFF REPORT April a, 1991` John T. Hartman and Harry B. Crawford 1402-91 Location: 3445 Lincoln Way West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from AN Residential , "A" Height and Area to "C" Commercial , "B" Height and Area to allow a restaurant with a drive-in window. EXISTING LAND USE: The property contains vacant wooded land. SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes zoned "A" Residential ; to the east is a fast food restaurant zoned "C" Commercial and a vacant lot zoned "A" Residential; to the south across U.S. 20 is a funeral home parking lot and a single-family dwelling zoned "B" Residential; and to the west is a dentist 's office zoned "C" Commercial . ACCESS: Access to the site is from U.S. 20. 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 2.3 acres. Of that, the buildings will occupy 2,650 square feet, or 2.7 percent of the site; the parking and drives will occupy 29,000 square feet, or 29.3 percent of the site; and 7.5 acres square feet or 68 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: The City Engineer did not make any comments. J \ JPROGPDRJ, GRAVEL PST 1 II 72-7 ° t fORTAGETWP N T _1 i voopoc � `AMRpUETTE � t 3� �� t t� !I 3I VI �xELLER � � Y Z�4 I ; W 4 EIEER a I h H ._ Q. 1.44., WIC • h N y e � I i !r I { Z II �I 1 6 H � S L�I illW - -i- :: ". ' LRIMILLI ;` ' "" . AL L ...,4 EA .: I 4 E ,.... .....1 I Fir L38N 'v ELW�� I 11614111 L ,34 T STN ■) _ w =-.°N, r , , 3 .1 ... I iin! 11 I Kim f.-- '� 0. �' �` i� 4I1 i f W oRx T i f a> _ r �.`. . . B 44; , ! I Iv I- ). „in 1,ff.::,, ,,,,.. 74,70,..Thl,.. c liMi I 11--- ,%3114,0,„ ,,,,,, ;., _:e SHE • %. 1051,.1,_..aggi • OM . El LNI TR. ,iiii% ,_ . _ ,1 1 if 11- . 1 P Mi ,x 1 j! Lr iii STMORE Si I. J J, • I .I LI REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "C" COMMERCIAL, "B" HEIGHT AND AREA APC #1402-91 PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL 1 "B" RESIDENTIAL "C" COMMERCIAL a > "D" LIGHT INDUSTRIAL 1 i NORTH Mattuittttrt &port Din the QCmmUwn Qlounril of the QIttg of outl limb: Your Committee of the Whole to whom was referred BILL NO. 16-91 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED BETWEEN 3425 LINCOLN WAY WEST AND 3427 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, AS AMENDED BY SUBSTITUTION. Loretta Duda Chairman FREE PRESS oBilaRu PUBLISHING CO.