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Home My WebLink AboutZoning - 261 ft. North of the Northwest corner of Bendix Dr & Elwood Ave ORDINANCE No. 8173-91 Passed by the Common Council of the City of South Bend, Indiana_ March 11, 91 19 Attest: City Clerk IRENE K. GAMMON i Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— March 12, 91 19 City Clerk IRENE K. GAMMON Approved and signed by me — L3 19 9s Mayor • ORDINANCE NO. g / �7 �"- 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 261 FT. NORTH OF THE NORTHWEST CORNER OF BENDIX DRIVE AND ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA. FOR SAM ENTERPRISES CORPORATION. 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• PARCEL I. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF LOT NUMBER 1 OF " KANIEWSKI MINOR SUBDIVISION AS RECORDED BY DOCUMENT NUMBER # 9004951 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE �ND DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; THENCE S. 00"-38'-28" E. , 439.16 FT. (RECORD, 439.01 FT.; THENCE N. 90-00'-00" W. , 302.00 FT.; THENCE S. 00°-38'-28" E., 80"-001-00"261.00 FT.; THENCE N. , -00'-OO" W., 43.64 FT.; THENCE N. 00°-41'-26" W. , 698.84 FT.; THENCE N. 89 -46'-53" E. , 346.24 FT. TO THE POINT OF BEGINNING. CONTAINING 3.75 ACRES. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL ,"E" HEIGHT & AREA PARCEL II. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PORTION OF LOT NUMBER 1 OF " KANIEWSKI MINOR SUBDIVISION AS RECORDED BY DOCUMENT NUMBER # 9004951 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT; THENCE N.,, 89 -46'-53" E. , 217.49 FT. . THENCE ;. 00 -41'-26" E. , 698.84 FT.; THENCE N. 90°-00'-OO" W. , 217.50 FT. ; THENCE N. 00 - 41'-26" W. , 698.02 FT. TO THE POINT OF BEGINNING. CONTAINING 3.48 ACRES. BE AND THE SAME IS HEREBY ESTABLISHED AS "C-1" 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. 4.00 OF THE COMMON COUNCIL DATE FILED APPLICATION NO DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION THE PETITION THE AS COMMON HEREINO REQUESTED. CITY OF SOUTH BEND, INDIANA TO A MEND 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED AT 261 ft. North of the Northwest Corner of Bendix Dr. and Elwood Avenue. South Bend, Indiana 46628 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE SAM ENTERPRISES CORPORATION 1320 S. MERRIFIELD AVE. MISHAWAKA, INDIANA 46544 PHONE NUMBER (219) 256-1006. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL ."A" HEIGHT & AREA TO "C" COMMERCIAL & "C-1 COMMERCIAL ,"E" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A) OFFICE AND RETAIL USES. 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; (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 SUBMI T ' E FINAL SITE PLAN MAY BE REQUESTED. te-414t SIGNED, ALB G. ON PRESIDENT SAM ENTERPRISES CORP. PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 52578 U.S. 33 NORTH SOUTH BEND, INDIANA 46637 PHONE NUMBER (219)-277-5381 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT NUMBER 1 OF KANIEWSKI MINOR SUBDIVISION " AS RECORDED BY DOCUMENT NUMBER # 9004951 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 7.23 ACRES. ow . --V PROPERTY OWNERS LIST 1. A & P Realty 1617 N. Bendix Dr. South Bend, Indiana 46628 2. Robert Blume Lodge 278 Odd Fellows P.O. Box 3600 South Bend, Indiana 46619 3. So. Bend Post #50 American Legion 1633 Bendix Drive South Bend, Indiana 46628 4. Richard & Mary Belle Marble 1632 N. Iowa Street South Bend, Indiana 46628 5. Ted Hodowaniec 1628 N. Iowa South Bend, Indiana 46628 6. Frank & Jane Sojka 1624 N. Iowa St. South Bend, Indiana 46628 7. John & Ruth Hahaj, Sr. 1620 N. Iowa Street South Bend, Indiana 46628 8. Gene Abraham & Lucinda Fabina 1614 N. Iowa Street South Bend, Indiana 46628 9. Jeffrey & Brenda Bucher 1610 N. Iowa Street South Bend, Indiana 46628 10. James & Marilyn McDonald 1606 N. Iowa Street South Bend, Indiana 46628 11. Russell & Roma Annis 1602 N. Iowa Street South Bend, Indiana 46628 12. Joseph & Judith Madden 1522 N. Iowa Street South Bend, Indiana 46628 13. Norbert & Harriet Luczkowski 1518 N. Iowa Street South Bend, Indiana 46628 14. Patricia Szymanski Peter Waite 1512 N. Iowa Street South Bend, Indiana 46628 15. Richard Banasiewicz 1508 N. Iowa Street South Bend, Indiana 46628 16. Ernest & Lillian Goforth 1502 N. Iowa Street South Bend, Indiana 46628 17. Ernest & Madeline Hecklinski 1424 N. Iowa Street South Bend, Indiana 46628 18. Robert & Carol Duszynski 1418 N. Iowa Street South Bend, Indiana 46628 19. Floyd & Ada Doolittle 1414 N. Iowa Street South Bend, Indiana 46628 20. Helen Martin 1408 N. Iowa Street South Bend, Indiana 46628 21. Jack & Ruth Davis 1404 N. Iowa Street South Bend, Indiana 46628 22. Stephan & Kathleen Passwater 1403 N. Iowa Street South Bend, Indiana 46628 23. Mary Ann Grabowski 1407 N. Iowa Street South Bend, Indiana 46628 24. Lewis & Barbara Lacosse 1413 N. Iowa Street South Bend, Indiana 46628 25. Karl & Leona Heick 1417 N. Iowa Street South Bend, Indiana 46628 26. Larry & Andrea Dernay 1423 Iowa Street South Bend, Indiana 46628 27. Robert & Virginia Wesolowski 1501 N. Iowa Street South Bend, Indiana 46628 28. Tommy & Sheila Stokes 1507 N. Iowa Street South Bend, Indiana 46628 29. James & Rita Berta 1511 N. Iowa Street South Bend, Indiana 46628 30. John & Joan Kramer 1517 N. Iowa Street South Bend, Indiana 46628 31. James & Carol Marshall 1521 Iowa Street South Bend, Indiana 46628 32. Anthony & Cecilia Klosowski 1601 N. Iowa Street South Bend, Indiana 46628 33. Eric & Adrienne Wroblewski 1605 N. Iowa Street South Bend, Indiana 46628 34. Stanley & Mary Klaybor 1609 N. Iowa Street South Bend, Indiana 46628 35. Robert & Linda Maciejewski 1607 1/2 W. Sample Street South Bend, Indiana 46619 36. Richard & Harriet Chlebek 1619 N. Iowa Street South Bend, Indiana 46628 37. Mathew & Patricia Puecker 1627 Iowa Street South Bend, Indiana 46628 38. Ervin & Raphael Jelinski 1623 N. Iowa Street South Bend, Indiana 46628 39. Robert & Vickie Shroeder 1631 N. Iowa Street South Bend, Indiana 46628 40. Emery & Barbara Varga 1624 Ryer Street South Bend, Indiana 46628 41. Richard & Patricia Balok 1620 Ryer Street South Bend, Indiana 46628 42. Stephen & Laura Przestwor 1614 N. Ryer Street South Bend, Indiana 46628 43. Emery & Florence Retek 1610 Ryer Street South Bend, Indiana 46628 44. Frank & Mary Karmolinski, Jr. 1606 N. Ryer Street South Bend, Indiana 46628 45. Eugene & Jolant Prawat 1602 Ryer Street South Bend, Indiana 46628 46. Stanley & Edith Przestwor 1526 Ryer Street South Bend, Indiana 46628 47. Randal & Stacey Dudeck 1520 N. Ryer Street South Bend, Indiana 46628 48. Frederick & Tillie Gnott 1514 N. Ryer Street South Bend, Indiana 46628 49. Orville & Mary Badora 1508 Ryer Street South Bend, Indiana 46628 50. Jack & Reta Hill 1502 N. Ryer Street South Bend, Indiana 46628 51. Lou Ron & Louis Szymanski 1424 Ryer Street South Bend, Indiana 46628 52. William & Sophie Nichols 1418 Ryer Street South Bend, Indiana 46628 53. Raymond & Rita Derucki 1414 Ryer Street South Bend, Indiana 46628 54. Kathryn McGloshen 1408 Ryer Street South Bend, Indiana 46628 55. Steve & Anna Vuckis 1404 N. Ryer Street South Bend, Indiana 46628 56. All Phase Real Estate Co. 875 Riverview Drive Benton Harbor, Michigan 49022 57. Samar, Inc. 17585 Juday Lake Drive South Bend, Indiana 46635 58. Wendy's of Fort Wayne, Inc. 20 N. Union Street Rochester, New York 14603 59. South Bend Sand & Gravel Corp. 3113 Lincolnway West South Bend, Indiana 46628 9 7AREA PLAN COMMISSION RICHARD S. JOHNSON . JOSEPH COUNTY, IN Executive Director Room 1140 County -City Building South Bend, Indiana 46601 (219) 284 -9571 February 19, 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 Sam Enterprises . Corporation to zone from "A" Residential, "A" Height and Area to 11C -1 Commercial and "C" Commercial, "E" Height and Area, property located 261 ft. north of the northwest corner of Bendix Dr. and Elwood Avenue, City of South Bend APC #1395 -91 Dear Council Members: The above referenced ordinance and site development plan of Sam Enterprises Corporation was legally advertised February 7, 1991 and February 9, 1991. The Area Plan Commission at its public hearing on February 19, 1991, took the following action: Upon a motion by Joseph Serge, being seconded by Ed Pollock and unanimously carried, the proposed ordinance and site development plan of Sam Enterprises Corporation to zone from "A" Residential, "A" Height and Area to 11C -1 Commercial and "C" Commercial, "E" Height and Area, property located 261 ft. north of the northwest corner of Bendix Dr. and Elwood Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan and subject to the proposed "C -1" Commercial area being used for offices only. Except for the area to the west, the surrounding area is zoned for commercial and industrial uses. The proposed area of "C" Commercial zoning would be in keeping with these uses. However, the area to the west is made up of single - family houses. "C -1" Commercial zoning for offices only could act as a transition between the more intensive commercial and industrial uses along Bendix Drive and the single - family area to the west. 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. 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, l� Richard S. Johnson RSJ:sr Attachment CC: Sam Enterprises Corporation CC: Peirce & Associates STAFF REPORT February 11, 1991 Sam Enterprises Corporation 1395 -91 Location: 261 ft. north of the northwest corner of Bendix Dr. and Elwood Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C -1" Commercial and "C" Commercial, "E" Height and Area to allow office and retail uses. EXISTING LAND USE: The property is vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a distribution facility zoned "D" Light Industrial; to the east across Bendix Drive is a concrete manufacturing facility zoned "E" Heavy Industrial; to the south is a. convenience store zoned "C" Commercial and across Elwood Avenue is a distributor zoned "C" Commercial; and to the west are single- family residences zoned "A" Residential. ACCESS: WATER SOURCE /SEWAGE DISPOSAL: DRAINAGE: SITE DATA: ENVIRONMENTAL DATA: SITE PLAN: AGENCY COMMENTS: Access to the site is from Bendix Drive and Elwood Avenue. Water and sewer are available to the site. The drainage has been addressed by the petitioner. The total site to be rezoned is 7.23 acres. Of that, the buildings will occupy 60,000 square feet, or 19.06 percent of the site; the parking and drives will occupy 158,975 square feet or 50.49 percent of the site; and 95,888 square feet or 30.45 percent of the site will remain as open space. A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. The site plan is preliminary. I Q- 3 Zi Q� �I i �. 38 N. C 7 N. 0 z a T Ahi ;I W a� c ss pA. 'ij vRAVEL - GERMAN_ TWP PORTAGE TWP a ...u. KELL !!J I I i LIL ll= r Fh N N N y r� jj Y L � m lI YlL E W > I C_ W Y 0 - ELw000 `s 8 I I o .ST JOHNS CAL NOUN ST i I i f I Y I Z K a Q �UM LT r I�11 a TI$5 OR N 5T TI q ANC i . � j ENT S N ST VAR I . ¢ O X S AVE o I J Y Z �� W , TZ£R I m T C I T R.. D•R� C PRA T l -- —J 1-- - - -- R.0 SON F D�t1�50`J J I N_ (IWESTMORE3jj S' w ST REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: PARCEL I - "C" COMMERCIAL, "E" Height and Area PARCEL II - "C -1" COMMERCIAL, "E" Height and Area PETITION AREA affifflENIM SOUTH BEND ZONING "A" RESIDENTIAL "B" RESIDENTIAL "C" COMMERCIAL "D" LIGHT INDUSTRIAL U "E" HEAVY INDUSTRIAL MMMEM NORTH APC 1395 -91 ToMmMin 19tvar# (To #4t TOM= mounra of t4r Tn# of 004 joend; Your Committee Of the Whole to whom was referred BILL NO. 3 -91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 261 FT. NORTH OF THE NORTHWEST CORNER OF BENDIX DRIVE AND ELWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA, FOR SAM ENTERPRISES CORPORATION. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended. Loretta Duda Chairman FRB[ PRESS 04jW PUBLISHING CO.