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Home My WebLink AboutZoning - lots 1, 2, 3 of Lincoln Plaza located Northeast corner of Sheridan Ave & Lincolnway West ORDINANCE No. 8047-89 Passed by the Common Council of the City of South Bend, Indiana December 18, 89 19— 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 December 19, 89 19 /c City Clerk IRENE K. GAMMON Approved and signed by me Decentet 20 19— �`` Mayor Substitute BILL NO. 81-89 p c ORDINANCE NO. 80 4f 74 J AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR LOTS ONE (1) , TWO (2) , AND THREE (3) , OF LINCOLN PLAZA, AND ONE-HALF OF THE VACATED ALLEY NORTH AND ADJACENT THERETO LOCATED AT THE NORTHEAST CORNER OF SHERIDAN AVENUE AND LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Chapter 21 of the South Bend Municipal Code authorizes a member of the Common Council to initiate rezonings. The following rezoning ordinance is believed to be in the best interest of the City of South Bend, Indiana. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Ordinance No. 4990-68, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, 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: Lots One (1) , Two (2) , and Three (3) of Lincoln Plaza, and one-half of the vacated alley North and adjacent thereto located at the Northeast corner of Sheridan Avenue and Lincolnway West in the City of South Bend, Indiana. be and the same is hereby established as "C" Commercial and "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. AllA L �_L 143'. - . • the Commo,,•f uncil 1st READING 07547 PUBLIC HEARING . -i y-g 3rd REArvm,— i-. , \rT 7 MOO Date Filed 9-20-89 Application No. Date received by the Area Plan Commission • I, Donald Niezgodski,. Second District Council Member, 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: Address: Lots 1, 2, 3, and one-half of the vacated alley north and adjacent to Linoln Plaza 2) Name and address of property owner(s) of the petition site: Name: Donald J. and Sophia E. Konieczny Full Address and Phone Number: South Bend], Indiana 46628 3) Name and address of contingent purchaser(s) , if applicable: Name: None Full Address and Phone Number: 4) It is desired and requested that this property be rezoned: from "A" Residential, A Height & Area to "C" Commercial, C Height & Area 5) This rezoning is requested to allow the following use(s) : To move the existing business at 3811 1/2 LWW to 3821 LWW to be used. as the future home of Mary Ann's Curl & Swirl Beauty Salon. 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 approved Council subject approves this petition to rezone, it may be app submittal of a final site plan. • A final site plan must be submitted to the Area Plan Commissin 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. Signature(s) of All Property Owner(s) OR Attorne for all •ro•ert Owner s PETITION PREPARED BY: Name: Donald Niezgodski Full Address and Phone Number 284-9321 CONTACT PERSON: (If difference from above) City of South Bend pUTH at"'‘ % '', Common Council //il �, :,r, �;,a y County-City Building • South Bend, Indiana 46601 (219) 284-9321 September 20, 1989 • Ann Puzzello President Members of the Common Council 4th Floor County City Building Donald Niezgodski South Bend, Indiana ' 46601 Vice-President Re: Rezoning of the Northeast Corner of Stephen Luecke Sheridan Avenue and Lincolnway West Chairman. Committee of the Whole Dear Council Members: I am attaching a proposed Bill which requests Stephen Luecke that the Northeast corner of Sheridan Avenue and First District Lincolnway West be rezoned from "A" Residential, A Height and Area to "C" Commercial A Height and Donald Niezgodski Area. Second District The real property in question is across from the William Soderberg Brentwood Shopping Plaza. Third District pp g Ann Puzzello I look forward to discussing this Bill with you Fourth District at the Zoning and Vacation Committee Meeting. Thank you. Linas Slavinskas Fifth District Sincerely, Thomas Zakrzewski Sixth District Sean Coleman Donald Niezgodski, At Large Second District Council Member Loretta Duda DN:srk At Large Attachment John Voorde At Large Kathleen Cekanski-Farrand Council Attorney 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 22, 1989 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by Councilman Donald Niezgodski to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3821 Lincolnway West , City of South Bend, as tabled - APC #1287-89 Dear Council Members: The above referenced ordinance and site development plan of Councilman Donald Niezgodski was legally advertised October 5, 1989 and October 7, 1989. The Area Plan Commission at its public hearing on November 21, 1989, took the following action: Upon a motion by Joseph Serge, being seconded by John Leszczynski and unanimously carried, the proposed ordinance initiated by Councilman Donald Niezgodski to zone from "A" Residential , "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3821 Lincolnway West, City of South Bend, as tabled is sent to the Common Council with a favorable recommendation. Lincolnway West is a major gateway into the City and much of the frontage nearby is zoned for business and commercial uses. In the Staff's opinion, the proposed use would not have a detrimental effect on the 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: Councilman Donald Niezgodski CC: Donald J. and Sophia E. Konieczny Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT November 13, 1939 Councilman Donald Niezgodski 1237-39 Location: 3321 Lincoinway West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area to allow the property to be used for a beauty salon EXISTING LAND USE: The property contains a single-family residence. SURROUNDING LAND- USE AND ZONING: Located to the north is a single-family - . dwelling .zoned- "A" Residential ; to the east is a business zoned "C" Commercial; to the south across Lincoinway is a business zoned "C" Commercial ; and to the west across Sheridan Ave. is a single-family residence zoned "A" Residential . ACCESS: Access to the site is from U.S. 20. WATER -SOURCE/SEWAGE- DISPOSAL: Water and sewer are. available to the site. DRAINAGE: The drainage has not been addressed by the • petitioner . • DATA: Data not available. WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that no • wetlands or flood hazard areas are present . SITE PLAN: A site plan is not required for rezonings initiated by Council . AGENCY COMMENTS: The City Engineer made the following comments: Off-street parking must be provided. • -- - iii RROGRE55 DRI .. Ll EL C Q t GERMAN TWP. I;:. p.RTAGE— / a W I�l I:u 1 VO�RpE + • -._ �\ ill.t- fr`�S. _ biz ., ....„ , T , CO S r � TiT10 B z• �\ ;.t ^ Ala P . .c g . 6 Y' 7r " EL r r r■ ,.. A. .fmg ; .:,;::. 4.;.;;‘;.I. ,:.,..; 0.,: cr! • , .: ‘. , .. .,67-711.4\ , ' isolimil Tr ' t.; raw '� am C-2 i _. i ' 1. E 1( z ' REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "C" COMMERCIAL, "A" HEIGHT AND AREA APC #1287-89 PETITION AREA • SOUTH BEND ZONING • "A" RESIDENTIAL I • "B" RESIDENTIAL "C" COMMERCIAL "C-I" COMMERCIAL our LIGHT INDUSTRIAL iiiiiiiiii. ...... . NORTH