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HomeMy WebLinkAboutZoning - 3822 Lincoln Way West ORDINANCE No. 8106-90 Passed by the Common Council of the City of South Bend, Indiana August 13, rq 90 ��� Attest; City Clerk IRENE K. GAMMON A t tes t: - / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana. August 14, �9 90 City Clerk IRENE K. GAMMON Approved and signed by me August 15 ig 9 0 ° Mayor ORDINANCE NO. r W4'c0 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3822 LINCOLN WAY 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 zoning classification of the following described real estate in the City of South Bend, ' St., Joseph County, State of Indiana: A parcel of land located in the South West Quarter of the South East Quarter of Section #33, Township 38 North, Range 2 East, and the North West Quarter of the North East Quarter of Section #4, Township 37 North, Range #2 East, bounded by a line running as follows; Beginning at the intersection of the South right-of-way line of Lincoln Way West (U.S. 20 ) and the East right-of- way line of Sheridan Avenue, said point being 35.00 feet East and 73 .90 feet, more or less , North from the Quarter Section corner of the North line of said Section #4; thence South parallel with and 35 .00 feet East of the North/South Centerline of Sections 33 and 4, a distance of 298 .69 feet to a point of curve; thence Southeasterly along a curve to the left having a radius of 339.73 feet and an arc distance of 90.13 feet; thence Southeasterly on a tangent to the aforesaid curve a distance of 113 .58 feet to a point of curve; thence Southeasterly along a curve to the right having a radius of 410.57 feet and an arc distance of 19 .58 feet to a point; thence East a distance of 94 .40 feet; thence North a distance of 458.10 feet to the South right-of-way line of Lincoln Way West; thence, Northwesterly along said right-of-way line of Lincoln Way West a distance of 150. 44 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, approval by the Mayor and Legal Publication. Member of the on Co it DATE FILED APPLICATION NO. DATE RECEIVED BY THE AREA PLAN COMMISSION PETITION TO REZONE We, the undersigneds, make application and petition to the Common Council of the City of South Bend, to amend the zoning ordinance as herein requested. (1) The property sought to be rezoned is located at: The Southeast corner of Sheridan and Lincolnway West with a common address of: 3822 Lincolnway West South Bend, Indiana 46628 (2) The name and address of the property owners: William E. Hindsley Walter E. Hindsley c/o Budget Rent A Car c/o Budget Rent A Car 3822 Lincolnway West 3822 Lincolnway West South Bend, IN 46628 South Bend, IN 46628 (3 ) It is desired and requested that this property be zoned from (C) Commercial, A Height and Area, to (C) Commercial, A Height and Area. (4 ) This zoning is requested to allow the following use: For the purpose of additional parking for the operation of the Budget Rent A Car Center located at 3822 Lincolnway West, South Bend, Indiana, 46628. (5 ) Attached is a copy of (a) legal description of the property; (b) a list of names and adresses of all property owners within 300 feet of the petition property; (c) a site plan; and (d) addressed, stamped envelopes of all property owners within 300 feet of the p tition property. William E. a . ley Walter E. Hindsley, Petitioner Petitioner f'nL: .. ....L..........,.L ....�.........�....7 1...._ TI.TTEW-WM7 11d f7TTf T)TT LEGAL DESCRIPTION A strip of land, 125 .0 feet in depth and extending North from the South edge and contained within a A parcel of land located in the South West Quarter of the South East Quarter of Section #33, Township 38 North, Range 2 East, and the North West Quarter of the North East Quarter of Section #4 , Township 37 North, Range #2 East, bounded by a line running as follows; Beginning at the intersection of the South right-of-way line of Lincoln Way West (U.S. 20 ) and the East right-of- way line of Sheridan Avenue, said point being 35.00 feet East and 73 .90 feet, more or less, North from the Quarter Section corner of the North line of said Section #4; thence South parallel with and 35 .00 feet East of the North/South Centerline of Sections 33 and 4, a distance of 298.69 feet to a point of curve; thence Southeasterly along a curve to the left having a radius of 339.73 feet and an arc distance of 90.13 feet; thence Southeasterly on a tangent to the aforesaid curve a distance of 113 .58 feet to a point of curve; thence Southeasterly along a curve to the right having a radius of 410 .57 feet and an arc distance of 19 .58 feet to a point; thence East a distance of 94 .40 feet; thence North a distance of 458.10 feet to the South right-of-way line of Lincoln Way West; thence, Northwesterly along said right-of-way line of Lincoln Way West a distance of 150 .44 feet to the place of beginning. 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 July 18, 1990 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 William E. and Walter E. Hindsley to zone from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3822 Lincolnway West , City of South Bend - APC #1345-90 Dear Council Members: The above referenced ordinance and site development plan of William E. and Walter E. Hindsley was legally advertised July 5, 1990 and July 7, 1990. The Area Plan Commission at its public hearing on July 17, 1990, took the following action: Upon a motion by Sean Coleman, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of William E. and Walter E. Hindsley to zone from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3822 Lincolnway West, City of South Bend is sent to the Common Council with an unfavorable recommendation. The initial rezoning of this property was granted by the Common Council in 1985 with the understanding that the southern 125 feet of the property would be appropriately landscaped and remain as a buffer for the residential area to the south. In the Commission's opinion, the southern portion of the petitioner's property should remain as a buffer as originally proposed. 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: William E. and Walter E. Hindsley CC: Anthony M. Zappia, Attorney Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT July 9, 1990 William E. and Walter E. Hindsley 1345-90 Location: 3822 Lincolnway West City of South Bend REOUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow an expanded parking area for Budget Rent-A-Car. EXISTING LAND USE: The property contains a car rental business. SURROUNDING LAND USE AND ZONING: Located to the north across U.S. 20 is a beauty salon zoned "C" Commercial; to the east is a single-family dwelling zoned "B" Residential; to the south is a single-family dwelling zoned "A" Residential; and to the west across Sheridan Avenue is a shopping center zoned "C-1" Commercial and single-family dwellings zoned "A" Residential. ACCESS: Access to the site is from Sheridan Avenue. 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 64,120 square feet. Of that, the buildings will occupy 2,720 square feet , or 4 percent of the site. 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 have any comments. II . . . 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' ._}.. ff.0 nmmtttn Irpnrt can the Tolman (tomtit of Ur CV of$outl Erns: Your Committee of the Whole to whom was referred BILL NO. 34-90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3822 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, as substituted. Sean Coleman Chairman FREE PRESS steals PUBLISHING CO.