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Home My WebLink AboutZoning - Property located Northwest corner of Bendix Dr & Elwood Ave Ear x * ORDINANCE No. 8046-89 Passed by the Common Council of the City of South Bend, Indiana December 18, 89 19— Attest: `QN`� r ^t- City Clerk IRENE K. GAMMON Attest: I t taisigie _ President of Common Council / Presented by me to the Mayor of the City of South Bend, Indiana December 19, 89 �9 City Clerk IRENE K. GAMMON Approved and signed by me kit/ R/01101A_ &.O zg__J. 64 1-6 _ Mayor ORDINANCE NO. SdghJg9 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF BENDIX DR. & ELWOOD AVE. 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: 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 Aa FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 33; THENCE N. 90 -00'-00" W. ALONG THE SOUTH LINE OF SAID SECTION AND THE CENTERLINE OF ELWOOD AVENUE, 342.00 FT.; THENCE N. 00°-38'-28" W. , 301.00 FT. ; THENCE N. 90 -00'-00" E. , 342.00 FT. TO SHE EAST LINE OF SAID SECTION AND THE CENTERLINE OF BENDIX DRIVE; THENCE S. 00 -38'-28" E. ALONG SAID EAST LINE AND THE CENTERLINE OF BENDIX DRIVE, 301.00 FT. TO THE POINT OF BEGINNING. CONTAINING 2.363 ACRES. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL ,"A" 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. AltA nmod a �I. / MBER OF THE p'7iN COUNCIL Y i c ,,z i a :r DATE FILED APPLICATION NO. 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: The Northwest Corner of Bendix Dr. & Elwood Ave. South Bend, Indiana. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: Convenience Store Development P.O. Box 1073 Goshen, Indiana 46526 PHONE NUMBER (219) 533-1736 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 ,"A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). Convenience Store with Gas Pumps. B). Restaurant within store. 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 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. i tm SIGNED, lbert Lane Convenience Store Development P.O. Box 1073 Goshen, Indiana 46526 PETITIONED PREPARED BY & CONTACT PERSON: PEIRCE & ASSOCIATES 52578 U.S 33 NORTH SOUTH BEND, INDIANA 46637 PHONE NUMBER (219)- 277-5381 ,J r , 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 A§ FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 33; THENCE N. 90"-00P-00" W. ALONG THE SOUTH LINE OF SAID SECTION AND THE CENTERLINE OF ELJOOD AVENUE, 342.00 FT.; THENCE N. 00:-38'-28" W., 301.00 FT. ; THENCE N. 90 :001-00" E. , 245.00 FT. ; THENCE N. 00°-38'-28" W. , 261.00 FT. • THENCE N. 90°-00'-00" E. 97.00 FT. TO 1HE EAST LINE OF SAID SECTION AND THE CENTERLINE OF BENDIX DRIVE; THENCE S. 00 -38'-28" E. ALONG SAID EAST LINE AND THE CENTERLINE OF BENDIX DRIVE, 562.00 FT. TO THE POINT OF BEGINNING. CONTAINING 2.944 ACRES. 9= 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, 1989 The Honorable Common Council E9 City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Convenience Store Development to zone from "A" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area, property located at the northwest corner of Bendix Drive and Elwood Avenue, City of South Bend - APC #1265-89 Dear Council Members: The above referenced ordinance and site development plan of Convenience Store Development was legally advertised July 6, 1989 and July 8, 1989. The Area Plan Commission at its public hearing on July 18, 1989, took the following action: Upon a motion by Joseph Serge, being seconded by Joseph Zappia and unanimously carried, the proposed ordinance and site development plan of Convenience Store Development to zone from "A" Residential, "A" Height and Area to "C" Commercial , "A" Height and Area, property located at the northwest corner of Bendix Drive and Elwood Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. In the Commission's opinion, the proposed use is compatible with surrounding uses and would be appropriate for this site. 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: Convenience Store Development CC: Peirce & Associates Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN r STAFF REPORT July 10, 1989 Convenience Store Development 1265-89 Location: the northwest corner of Bendix Drive and Elwood Avenue City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area to allow a convenience store with gas pumps and a restaurant within the store. EXISTING LAND USE: The property is currently vacant . SURROUNDING LAND USE AND ZONING: Located to the north and west is vacant land zoned "A" residential ; to the east across Bendix Drive is Kuert Concrete zoned "E" Heavy Industrial ; and to the south across Elwood Avenue is vacant land zoned "C" Commercial . ACCESS: Access to the site is proposed from Bendix Drive and Elwood Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. DATA: The total site to be rezoned is 2.15 acres. Of that , the buildings and canopy will occupy 6,140 square feet, or 7 percent of the site; the parking and drives will occupy 57,204 square feet , or 61 percent of the site; and 30,354 square feet or 32 percent of the site will remain as open space. WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that no wetlands or flood hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: (1) Sewer and water are available to the site. (2) Sidewalks required on Elwood. (3) Retention drainage design impractical. Drywells should be installed. (4) Installation of second curb cut on Bendix should not be included. . ' 1 II : I I I , ii It PROGROS CA I: GRA V E L s'I C- .1.4 . I . _ L_It ___ wil . , 4 POFTTAGE TvirP 0 cc n II al i 1 i i 1 1 1 < La Ilcc ! li i ,1 II II ii 1, 1 ., I 1 112 1 li • I...APP./C77E _ L_.__,.--s--..1_— L_ I,2 . 1., ---.ri VOORDE d II I mmmimmilmm ni II 1- i* t I . KELLER KELLER I 1 t_.-1 L—I I- 21 . •-• ri: livi r---1---1 r I' [H ll 11 Lil 1/47 Ei lw Latig‘ '‘.. g EPICS LH 'II 1 ILL ...14.1sci f ._ -1 LASALLE n pi F .... . il ....„„..,,, - , r: E -,--:, a ill , ot ti.. 38 N. Sil.1 I Itlig 41Ariakkir all '7 ::,ev r - ni 1 1 . - -: _._ in I i iiii • _a,,K•44- i__J L_J 1 . i 1._ ails tti, *• --.. 1 Jr 1 , , _ji b . _ ,...i. 1, , .. II I----‘ ... 0 tii [LH cigt 1 fr; 4t‘ _ X j p 1 , ...,. . i _ 3 ...9.2 Lt . r 4 . . . ii ih. fit= 4. I _ rit. iviEsTmoRE;. III" I _ _ . ,c. fl. si _) IN El NM f I. ICK Sal s1_ t_ — f-----1 C r----- 1 all I I I es I I ! _ .. I REZONING FROM- "A" RESIDENTIAL TO: "C" COMMERCIAL AP C #1265-89 PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL I 1 "B" RESIDENTIAL "C" COMMERCIAL "D" LIGHT INDUSTRIAL 1 1 '4. "E" HEAVY INDUSTRIAL =1111111■ NORTH