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Home My WebLink AboutZoning - 3900 Lincolnway WestPlow- 7 c r t ORDINANCE No. 8164-91 Passed by the Common Council of the City of South Bend, Indiana - January 28, iq 91 Attest: A.— City Clerk RENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ January 29 91 91 4c-e----Q. Ir )1.i- ,-$-,---, City Clerk IRENE K. GAMMON Approved and signed by me _ �'I iq_I Y"41414- ' Mayor t 1 f I ORDINANCE NO. s1 G'/- 9/ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY. LOCATED AT 3900 LINCOLNWAY WEST 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: LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT LETTERED "A" OF BRENTWOOD ESTATES SECOND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA AS RECORDED 10N THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 02 -06'-20" E. ALONG THE EAST RIGHT-OF-WAY LINE OF MAPLEWOOD AVENUE, 305.69 FT.; THENCE S. 67°-30'-16" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF LINCOLNWAY WEST (U.S. # 20), 208.00 FT.; THENCE S. 23 -37'-38" W. , 263.90 FT.; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF ELWOOD AVENUE AROUND A 282.52 FT. RADIUS CURVE a0 THE LEFT AN ARC DISTANCE OF 82.36 FT. TO THE END OF A CHORD WHICH BEARS N. 79 -20'-09" W. AND HAVING A DISTANCE OF 82.07 FT.; THENCE N. 87 - 41'-14" W., 17.00 FT.; TO THE POINT OF BEGINNING. CONTAINING 0.968 ACRES. be and the same is hereby established as C-Commercial, E - Height & 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. ' /..Z" " „. ite 4 i . 000*M-mber of the •-1' oy% ncil 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 Lincolnway West South Bend, Indiana 2.) Name and address of property owner(s) of the petition site: Brentwood Partnership 224 W. Jefferson, Suite 505 South Bend, Indiana, 46601 219-234-1017 3.) Name and address of contingent purchaser(s) , if applicable: R & B Limited (B & R Oil Company Inc.) 6910 Gumwood Rd Bldg 16 Box 54 Granger, IN. 46530 219-272-6955 4.) It is desired and requested that this property be rezoned from C-1 Commercial, D Height and Area to C Commercial , E Height and Area 5.) This rezoning is requested to allow the following use(s): Allow the construction and operation of a convenience store, car wash with petroleum sales. 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. Property Owner: Brentwood Partnership ��Q��"=� James P. Conboy, Jr �� cL, ; James A. Crandal (s4,4" Thomas J. Smurdon � y Petition Prepared and contact Person: Mike W. Dobson 6910 N. Gumwood Box 54 Bldg. 16 Granger, Indiana 219-272-6955 t f , 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 December 19, 1990 The Honorable Common Council City of South Bend .q County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Brentwood Partnership to zone from "C-1" Commercial , "D"Height and Area to "C" Commercial, "E" Height and Area, property located at 3900 Lincoinway West, City of South Bend- APC #1385-90 Dear Council Members: The above referenced ordinance and site development plan of Brentwood Partnership was legally advertised December 6, 1990 and December 8, 1990. The Area Plan Commission at its public hearing on December 18, 1990, took the following action: Upon a motion by John DeLee, being seconded by George Nome and unanimously carried, the proposed ordinance and site development plan of Brentwood Partnership to zone from "C-1" Commercial, "D" Height and Area to "C" Commercial, "E" Height and Area, property located at 3900 Lincoinway West , City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This property is currently zoned for certain commercial uses and adjoins commercial zoning and uses. In the Commission's opinion, this proposal is consistent with the commercial uses along this portion of 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. Johnson RSJ:sr Attachment CC: Brentwood Partnership CC: R & B Limited (B&R Oil Company, In CC: Mike W. Dobson Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT December 10, 1990 • Brentwood Partnership 1385-90 Location: 3900 Lincolnway West City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C-1" Commercial , "D" Height and Area to "C" Commercial , "E" Height and Area to allow the construction and operation of a convenience store, car wash and petroleum sales. EXISTING LAND USE: The property contains a bank ATM facility. SURROUNDING LAND USE AND ZONING: Located to the north across Lincolnway West is a private club zoned "B" Residential and a vacant lot zoned "A" Residential; to the east is a shopping center zoned "C-1" Commercial ; to the south across Elwood Avenue are single-family homes zoned "A" Residential ; and to the west across Maplewood is vacant land zoned"B" Residential and a convenience store with gas pumps zoned "C" Commercial . ACCESS: Access to the site is from Lincolnway West 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 42,177 square feet . Of that , the buildings will occupy 7,502 square feet , or 17.79 percent of the site; the parking and drives will occupy 23,075 square feet or 54.71 percent of the site; and 11 ,600 square feet or 27.50 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. • • iri__, t 16... LS 6 . :. 4RoGREss A I ! i2'''? - .1 >I ' 1 E ...,-___ }s o . . 1 > i ri I 1 m 1-7:11 '41' T----71 • ,, i, .1 ! B ,, " 1 4-'5' PETITI N z . - .) 1 l : - - A I I I I I I 0 E •, C • ". '.. 0 Sr EL WOC -77.1 .,....01117111111 - ei''' ,mom 4 3 > i i I I 'f,,C,---- . 1-r-47 !! `‘`1, • it : ,.,-, ,-----,!--- Cr! !Ens , cupr, r) Liiii ,<11 ; _i, ,! ll.), I j. j 1----1 , , C.11 2 , : D ocT C 4 -c4::4 --______ a____, r____ ,i I I BEND MIA REZONING FROM: "C-1" COMMERCIAL, "D" HEIGHT AND AREA APC #1385-90 TO: "C" COMMERCIAL, "E" HEIGHT AND AREA PETITION AREA marewaktiog SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL • "C" COMMERCIAL il> NORTH LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT LETTERED "A" OF BRENTWOOD ESTATES SECOND ADDITION TO THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 02 -06'-20" E. ALONG THE EAST RIGHT-OF-WAY LINE OF MAPLEWOOD AVENUE, 305.69 FT.; THENCE S. 67°-30'-16" E. ALONG THE SOUTH RIGHT-OF-WAY LINE OF LINCOLNWAY WEST (U.S. it 20), 208.00 FT. ; THENCE S. 23 -37'-38" W. , 263.90 FT.; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF ELWOOD AVENUE AROUND A 282.52 FT. RADIUS CURVE JO THE LEFT AN ARC DISTANCE OF 82.36 FT. TO THE END OF A CHORD WHICH BEARS N. 79 -20'-09" W. AND HAVING A DISTANCE OF 82.07 FT. ; THENCE N. 87 - 41'-14" W. , 17.00 FT.; TO THE POINT OF BEGINNING. CONTAINING 0.968 ACRES. . I QInmmittrr larport t { t ) Ulu the (Comm Qiounril of the (City of 0o4 Brad: Your Committee of the Whole to whom was referred BILL NO. 100-90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3900 LINCOLNWAY 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. Loretta Duda Chairman FREE PRESS oPMEo PUBLISHING CO.