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Home My WebLink AboutZoning - Southwest corner of Grant & Mayflower Rds ORDINANCE No. 8156-91 Passed by the Common Council of the City of South Bend, Indiana January 14, q 91 Attest: L — /� "'`- -� City Clerk IRENE K. GAMMON Attest: //1/ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 15, 91 1 9 City Clerk IRENE K. GAMMON Approved and signed by me January 16 19 91 6 Mayor ORDINANCE NO. Y/ 5-47-9 I AN ORDINANCE AMENDING THE ZONING ORDINANCE for property located at The Southwest corner of Grant and Mayflower Roads 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, Indiana, St . Joseph County, State of Indiana: Part of the East half ( 1/2) of the Northwest Quarter ( 1/4) of Section number seventeen ( 17) , Township number thirty-seven (37) North, Range number two (2) East , described as follows: Beginning at the intersection of the West line of Route Number 123, otherwise known as Mayflower Road and the South line of Grant Road (Sample Street) thence West parallel with and along the South line of said Grant Road two hundred thirty and forty-three one hundredths (230 .43) , thence South parallel with said State Route 123 four hundred twenty and zero hundredths feet (420.00) thence East parallel with South line of Grant Road, a distance of two hundred thirty and forty-three one hundredths feet (230 .43) thence North 1/10 feet to the place of beginning. Be and the same is hereby established as "C" - Commercial "A" Height and Area. SECTION II . This Ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor and legal publication. Member of the mammon •until r/rezonpet LI • Date Filed _..._... .__ , 1990 Application No . 4.3 .77?- .)_<:.. � ._. Date Received by Area Plan Commission ._....__. __ _.._,._._ I (We) the undersigned make application and petition 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 : Southwest corner of Grant and Mayflower Roads South Bend, Indiana 2 . Name and Address of Property Owner( s) of the Petition site : Joseph J . Peters and Carole Peters 415 New Street Goshen, Indiana 46526 3 . Name and Address of Contingent Purchaser(s) , if applicable : None 4 ., It is desired and requested that this property be rezoned From: "B--1" Residential To: "C" Commercial , "A" Height and Area 5 . This rezoning is requested to allow the following use (s) : construction of a convenience store including gasoline sales, a car wash and a retail shopping facility . 6 . Attached is a copy of (A) a legal description of the property; (B) 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 the Area Plan . .. Commission within one ( 1 ) year of the Council ' s action. Failure • to submit a final site plan within that time period, causes the' zoning of the petitioned property to revert to the initial zoning classification. Time extensions on the submittal of the final site plan may be requested. 1 .) . _,_,L.:yr _ ______ J?11 h 'I -y- - _ - - - p Carole Peter This Instrument prepared by: John C. Firth SOPKO & FIRTH 419 W. Jefferson Boulevard P .O. Box 928 South Bend, Indiana 46624 ( 219 ) 234-0041 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 November 20, 1990 The Honorable Common Council / 04 City of South Bend (5; I County-City Bldg. - 4th Floor / .q South Bend, IN 46601 `t RE: A proposed ordinance and site development plan of Joseph J. and Carole Peters to zone from "B-1" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area, property located at the southwest corner of Grant and Mayflower Roads, City of South Bend - APC #1379-90 Dear Council Members: The above referenced ordinance and site development plan of Joseph J. and Carole Peters was legally advertised November 8, 1990 and November 10, 1990. The Area Plan Commission at its public hearing on November 20, 1990, took the following action: Upon a motion by John DeLee, being seconded by Ed Pollock and unanimously carried, the proposed ordinance and site development plan of Joseph J. and Carole Peters to zone from "B-1" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area, property located at the southwest corner of Grant and Mayflower Roads, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. All other corners at this intersection, as well as the property to the west , are currently zoned commercial. In the Commission's opinion, this petition would not have a detrimental effect on the surrounding area. 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: Joseph J. and Carole Peters CC: John C. Firth Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • STAFF REPORT November 9, 1990 Joseph J . and Carole Peters 1379-90 Location: the southwest corner of Grant and Mayflower Roads City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B-1" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area to allow the construction of a convenience store with gasoline sales, a car wash and a retail shopping facility EXISTING LAND USE: The property is presently vacant . SURROUNDING LAND USE AND ZONING: Located to the north across Grant Road is a shopping center zoned "C" Commercial in the County; to the east across Mayflower Road are a convenience store, car wash, and used car sales lot zoned "C"Commercial in the City, to the south is a mobile home park zoned "B-1" Residential in the City; and to the west is a retail store zoned "C" Commercial in the City. ACCESS: Access to the site is from Grant Road and Mayflower Road. 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 96,468 square feet. 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: 6' , - ' ISUNNYFFlEID \°< ` - rNAVARRE Q ^4j'94,4 -----14,1 PARK a ,/ �,a" AREA Q c'9E- / v ' 77 .7.,.....N......„. �� hL�FW RD ST. DUWUWt—_ .SF_ ` / pft 04' e6Rchy, Cr ta I �^ Oil . • . / ! I 11 L. ID f ial ;RANT 7 ' a SAMPLE i; I I 8 i 1 9 �'� I L_ 18117 FI z 1 r '1� 16 a' fK. f i�-�� .,i IiI I.iAYW la v i v ' ( z!# I r 7-; � f at U' -. 1 1 . H I I L;�1 d r , Y \\\NN / �,_" gp y �v fD m w Ilk �Q 1 `1 ' - t \i''_/ SOUTH ENO CITY LIMITS 1 1,1! A \..,...._..z___1/Iti - �_... N. H i^/ i tii �� ' 1 -� / o i FZ7�% II, \N`. +— ' • . - REZONING FROM': "B-1" RESIDENTIAL, "A" HEIGHT AND AREA APC #1379-90 TO: "C" COMMERCIAL, "A" HEIGHT AND AREA PETITION AREA t,K.,w>e" SOUTH BEND ZONING COUNTY ZONING "A" RESIDENTIAL L_ I "R" RESIDENTIAL "C" COMMERCIAL "C" COMMERCIAL "C-1 COMMERCIAL "B" RESIDENTIAL F = = "B-1" RESIDENTIAL - ,- r , "D" LIGHT INDUSTRIAL I I L/\ NORTH