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Home My WebLink AboutZoning - 529 S Fellows St ORDINANCE No. 8107-90 Passed by the Common Council of the City of South Bend, Indiana August 13, iq 90 Attest: City Clerk IRENE K. GAMMON Attest: L «•. •� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 14, i9 90 City Clerk IRENE K. GAMMON Approved and signed by me August 15 ig 90 Mayor ORDINANCE NO. gia 7-- co AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 529 SOUTH FELLOWS STREET 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: Lot Numbered One (1) as shown on the recorded Plat of Ann E. Jodon's Subdivision of Lots No. 21 and 22 in Denniston and Fellow's Addition to the Town, now City of South Bend, Indiana. be and the same is hereby established as C Commercial , E Height and Area. SECTION II. this ordinance shall be in full force and effect from and after is passage by the Common Council , approved by the Mayor, and legal publication. l ,! ember of the OP' ounc' 1 st READING &°—fi—90 PUBUC HEARING g-i3-9Q 3rd READING — t 3--q0 NOT APPROVED REFERRED PASSED — /3-go, a, 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: 529 South Fellows Street South Bend, Indiana 46601 2) Name and address of property owners of the petition site: River Glen South Associates, an Indiana General Partnership 422 East Monroe Street South Bend, Indiana 46601 3) Name and address of contigent purchaser: Not applicable 4) It is desired and requested that this property be rezoned from B Residential , E Height and Area to C Commercial , E Height and Area 5) The rezoining is requested to allow the following use: 13 stall paved parking area for adjacent River Glen South Office Building 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 envelops for all property owners within 300 feet of the petition property. 7) By signing this petition, We and any contignet purchasers 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 petition 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. Signatures of All Property Owners Anthony Panzica Partner mes J. `T nzica, f'rtner jo n A. Panzica, Pa/ ner Phi i E. nz ca, Partner LEGAL DESCRIPTION FOR 529 SOUTH FELLOWS STREET SOUTH BEND, INDIANA 46601 Lot Numbered One (1) as shown on the recorded Plat of Ann E. Jordon's Subdividion of Lots No. 21 and 22 in Dennistion and Fellow's Addition to the Town, now City of South Bend, Indiana. AREA OF PLAN COMMISSION RICHARD S. JOHNSON ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 July 18, 1990 Q The Honorable Common Council i City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of River Glen South Associates to zone from "B" Residential, "E" Height and Area to "C" Commercial, "E"Height and Area, property located at 529 S. Fellows Street , City of South Bend - APC #1347-90 Dear Council Members: The above referenced ordinance and site development plan of River Glen South Associates 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 Theodessa Earles and unanimously carried, the proposed ordinance and site development plan of River Glen South Associates to zone from "B" Residential, "E" Height and Area to "C" Commercial , "E" Height and Area, property located at 529 S. Fellows Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to the vacation of the adjoining east-west alley prior to submission of the final site development plan. This proposal will provide contiguous parking by commercial property and, in the Commission's opinion, would not be detrimental to the surrounding neighborhood. 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: River Glen South Associates CC: William A. Panzica Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN 1 1 STAFF REPORT July 9, 1990 River Glen South Associates 1347-90 Location: 529 S. Fellows Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "E" Height and Area to "C" Commercial , "E" Height and Area to allow construction of a parking lot for an adjacent office building. EXISTING LAND USE: The property contains a vacant lot. SURROUNDING LAND USE AND ZONING: Located to the north across a public alley is an office building zoned "C" Commercial; to the east across Fellows Street is a single-family dwelling zoned "B" Residential; to the south is a vacant lot zoned "B" Residential ; and to the west across a public alley is a single-family dwelling zoned "B" Residential. ACCESS: Access to the site is from a public alley. 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 7,260 square feet . Of that , parking and drives will occupy 2,500 square feet , or 34 percent of the site; and 4,760 square feet or 66 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: A 1 ,200 gallon drywell is required for surface retention. \` M ' SON. 3' T , ‘,sr�r..�•' II 3P- i ! a_ +' 1 a;1 ; s-Q --- sr (� LA SALLE 'C amok_• ALL t 1E71 t a. f i li Y l } I DAVE. 'i COLFAX 3! IA AVE f r L1 u 'KIWI le Mill MI— �1 ' :iwAss, 1 • i i i lit 1( avE. I UP(wn5«+r+6rC E mu, 1 ilj i I ~ JEFFER • pm ? 22 2:r., �LVOi 1 JEFFERS —�!' igWA _ •Q ` HE?M�AR �j 1 ! ! way ,sr if r i.,., ,f--- , r----c-71 e ' 1----L__"g-----1/i------ 1111V---ci ... s� `` 1` -ter' Li : ' ram �_ u .--.J. .. Imo' A �� TH a. } STS - w ■'r 1 I'small _._�_an, 1 \Iry 1\i STf � l i e °� i�d i ` t h� 4-:I 4 .• i-j' 1:"4 ' .- ''..!:' * 1 El ,':,-,- *. " :.1'.1, ,"mk .. N,11, 7. ; _ . I ; .. ,-:v:. ;'.c:(7.1.';-:.7 t---- k .-'-''- -II ' AN-;'-'. ./.‘-'‘ '' D }EJ ?T ` '�� air... L,:::‘,-,*.: { .. Y.. _- _ \ 7 „O .e A` '.m +ws«,ti. REZONING FROM "B" RESIDENTIAL, "E" HEIGHT AND AREA TO: "C" COMMERCIAL, "E" HEIGHT AND AREA APC #1347-90 PETITION AREA vUE" SOUTH BEND ZONING "A" RESIDENTIAL 1 1 "B" RESIDENTIAL • "Cu COMMERCIAL "A-3" RESIDENTIAL *2Mr Aar Air "D" LIGHT INDUATRIAL t 1 Al>. - NC RTH &mmtttrt larpnrt Oki the Comm Tomtit of tip Qtitg ,af*until vend: Your Committee of the Whole to whom was referred BILL NO. 36-90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 529 SOUTH FELLOWS STREET 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 PUBLISHING CO.