HomeMy WebLinkAboutAmending the Zoning Ordinance Property located at 710 E Colfax Ave t r
ORDINANCE No. 8096-90
Passed by the Common Council of the City of South Bend,Indiana.
July 9, rq 90
Attest: `w`-,`,.-'
City Clerk
IRENE K. GAMMON
Attest: / - President of Common Council.,-,---L---'V"%'
Presented by me to the Mayor of the City of South Bend, Indiana— _
July 10, 90
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4-'9-4-e- - City Clerk
IRENE K. GAMMON
Approved and signed by me )41A.9.)6 1 e Ig
#274_ Mayor
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ORDINANCE NO. �Q_qe
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 710 EAST COLFAX AVENUE
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:
A part of Lots Numbered Two Hundred Twenty Eight ( 22) and
Two Hundred Twenty Nine (229) as shown on the recorded
Plat of Samuel L. Cottrell' s First Addition to the Town
of Lowell, now a part of the City of South Bend, which
part is bounded by a line running as follows, viz:
Beginning at a point on the North line of said Lot 228,
34 feet West of the Northeast corner of said lot; thence
running West on the North line thereof, a distance of 33
feet; thence due South a distance of 99 feet; thence due
East 33 feet; thence due North 99 feet to the place of
beginning.
be and the same if hereby established as "C" Commercial, "B"
Height and Area.
SECTION II. This rezoning shall be subject to the filing and
recording of a "commitment regarding use and development of real
estate" signed by the petitioners which shall be attached hereto
as "Exhibit 1" addressing among other things: limiting the use
of the premises to accounting, bookkeeping, and sales offices
and restricting the signage and parking of said premises, all
pursuant to Indiana Code Section 36-7-4-613.
SECTION III. 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.
112t/.4,2 of t Comm.. ouncil
1st READING — (a—gD
PUBLIC HEARING .7_Q- 90
3 rd READING
DATE FILED APPLICATION NO.
DATE RECEIVED BY THE AREA PLAN COMMISSION
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 :
710 East Colfax Avenue , South Bend, IN 46617.
2. The names and address of the property owners of the petition
site are:
James Crimmins and Mary Sue Crimmins
513 Marquette Avenue, South Bend, IN 46628.
3. The names and addresses of contingent purchasers :
n/a.
4. It is desired and requested that this property be rezoned:
from "B"Residential to "C" Commercial, "B" Height and Area .
5. This rezoning is requested to allow the following uses :
Accounting/Bookkeeping office for Rainbow International
Carpet Dyeing & Cleaning Company . No general use of
cleaning and/or dyeing at this location.
6 . Attached is a copy of (a) the 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 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 r'nal site plan may be
requested.
KE S CRIMMINS
•
MARY - CRIMMINS
,
COMMITIMMTREGARDING
USE AND DEVELOPMENT OF REAL TESTATE
James J. Crimmins and Mary Sue Crimmins, 513 Marquette Avenue, South
Bend, Indiana 46628, hereinafter referred tows "Owners", being the fee title
owners of record of certain real estate commonly described as 710 East Colfax
Avenue, South Bend, Indiana, the legal description for which is attached
hereto, marked Exhibit "A", and made a part hereof, and having filed a Petition
to rezone said property on February 7, 1990, with the Common Council of the
City of South Bend and the Area Plan Commission of St. Joseph County to rezone
the said property from a 'B" Residential District to a "C" Commercial", "B"
Height and Area District, which Petition is now pending before the Common
Council of the City of South Bend, do hereby make, pursuant to I.C. 36-7-4-613,
the following commitments concerning the use and development of said real
estate as an expressed condition of the proposed rezoning of said property from
a "B" Residential District to a "C" Commercial, "B" Height and Area District by
the Common Council of the City of South Bend:
1. The Owners agree to limit the use of the property to be rezoned for the
specific use as an accounting, bookkeeping and sales office for Rainbow
International, Inc. , or its successors, including employee and/or
customer parking, and to specifically develop said parcel of real
estate in accordance with the terms and provisions of a written site
development plan, a copy of which is attached hereto, marked Exhibit
"B", and made a part hereof;
2. The Owners further agree that, as provided in I.C. 36-7-4-613, unless
modified or terminated by the Area Plan Commission of St. Joseph County
and/or the South Bend Common Council, this commitment is binding on
them as Owners of the parcel, and each subsequent owner, and each other
person acquiring an interest in the parcel;
3. The Owners agree that this commitment shall be recorded in the office
of the St. Joseph County Recorder and a file-marked copy of the
recorded commitment shall be furnished to the South Bend Common
Council, the Area Plan Commission of St. Joseph County and all property
owners of record located within three hundred feet (300') of the
Petition property; the Owners further agree that these commitments
shall take effect upon the adoption of an amendment to the South Bend
Zoning Ordinance b; the South Bend Common Council in accordance with
the Owners' PetitioL D rezone;
4. The Owners further tree that this commitment may be modified or
terminated only by a a i.sion of the Area Plan Commission of St. Joseph
County and/or the Comma Council of the City of South Bend, made at a
public hearing after not =e has been given by their rules as provided
in I.C. 36-7-4-613;
5. The Owners. agree that theme commitments shall be enforceable by an
action in either law or equity by the City of South Bend, the Common
4
6. The Owners hereby further agree agr e that t�seencommitments csteal beneficiaries binding ared
upon their successors
personal representatives of their estates;
7. The Owners do hereby agree that the use and develoane provisions t of
ai
property shall be strictly in accordance with
of these commitments� including the site
heevof,ant plan attached
hereto, marked Exhibit ,
Executed this day of April, 1990.
JAMES J. CRIMMINS, OWNER
MARY SUE CRIMMINS, OWNER
•
EXHIBIT A
In the City of South Bend, St. Joseph County, State of Indiana:
A part of Lots Numbered Two Hundred Twenty Eight (228) and Two Hundred Twenty
Nine (229) as shown on the recorded Plat of Samuel L. Cottrell's First Addition
to the Town of Lowell, now a part of the City of South Bend, which part is
bounded by a line running as follows, viz: Beginning at a point on the North
line of said Lot 228, 34 feet West of the Northeast corner of said lot; thence
running West on the North line thereof, a distance of 33 feet; thence due South
a distance of 99 feet; thence due East 33 feet; thence due North 99 feet to the
place of beginning.
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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
March 20, 1990 l /
The Honorable Common Council
City of South Bend � °i
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of James and Mary Sue
Crimmins to zone from "B" Residential, "B" Height and Area to "C" Commercial ,
"B" Height and Area, property located at 710 East Colfax Avenue, City of South
Bend - APC #1316-90
Dear Council Members:
The above referenced ordinance and site development plan of James and Mary Sue
Crimmins was legally advertised March 8, 1990 and March 10, 1990. The Area Plan
Commission at its public hearing on March 20, 1990, took the following action:
Upon a motion by John DeLee, being seconded by Joseph Serge and carried, the
proposed ordinance and site development plan of James and Mary Sue Crimmins to
zone from "B" Residential, "B" Height and Area to "C" Commercial, "B" Height and
Area, property located at 710 East Colfax Avenue, City of South Bend is sent to
the Common Council with an unfavorable recommendation
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: James and Mary Sue Crimmins
CC: John H. Peddycord, Esq.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
STAFF REPORT March 12, 1990
James and Mary Sue Crimmins 1316-90
Location: 710 East Colfax
Avenue
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "B" Residential , "B" Height and Area to
"C" Commercial , "B" Height and Area to allow
an accounting/bookkeeping office for a carpet
cleaning business.
EXISTING LAND USE: The property contains an office.
SURROUNDING LAND USE AND ZONING: Located to the north across Colfax is an
office building zoned "B" Residential; to the
east is a single-family dwelling zoned "B
Residential; to the west is a single-family
dwelling zoned "B" Residential ; and to the
south is a vacant lot zoned "B" Residential .
ACCESS: Access to the site is from an unpaved alley
through an access easement .
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 3,267 square
feet . Of that, the buildings will occupy
1 ,192 square feet , or 36.5 percent of the
site; the parking and drives will occupy 593
square feet , or 18 percent of the site; and
1 ,482 square feet or 45.5 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 made the following comments:
All curbing on Colfax needs to be replaced. A
variance will be required for off-site
parking.
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REZONING FROM "B" RESIDENTIAL, "B" HEIGHT AND AREA APC #1316-90
TO: "C" COMMERCIAL, "B" HEIGHT AND AREA
PETITION AREA
SOUTH BEND ZONING
"B" RESIDENTIAL
"C" COMMERCIAL
"C-1 " COMMERCIAL
"A-3" RESIDENTIAL IIIIMISEMIS
NORTH