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Home My WebLink AboutZoning - Property located 718 Lincolnway East ORDINANCE No. 8049-89 Passed by the Common Council of the City of South Bend, Indiana December 18, 89 19 Attest. T J City Clerk IRENE K. GAMMON Attest: S Viz 1 Li? L•�- � � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 19 , 89 19 k7 City Clerk IRENE K. GAMMON Approved and signed by me J-Ct,✓ �` Ig Mayor • • ORDINANCE NO. $OL q-0 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 718 Lincolnway East South Bend, Indiana, 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 Forty-one (41) as shown on the Replat and Resurvey of Rush' s Second Addition to the City of South Bend. Subject to restrictions and easements of record. be and the same is hereby established as C-Commerical, E 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. / / A, AlieS,. _eel the owl .uncil • ]sr READING PUBLIC HEARING 3 rrl ad Date Filed Application No. Date received by the Area Plan Commission We the undersigned make application and petition the Common Council of South Bend, Indiana to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: 718 Lincolnway East South Bend, Indiana 2.) Name and address of property owner(s) of the petition site: Dennis Cripe 512 Berlin St. Mishawaka, Indiana 46544 3.) Name and address of contingent purchaser(s) , if applicable: B & R Oil Co. Inc. 207 Dixieway No. Rm. 11 134 South Bend, Indiana 46637 4.) It is desired and requested that this property be rezoned from C-Commerical E Height & Area B-Residential ; E Height & Area to C-Commerical , E Height & Area 5.) This rezoning is requested to allow the following use: To allow additional drive and access to an extended gasoline pump island and to provide additional parking. 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, caused 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. --641.41 Gripe-Ate Dennis Property Owner Mike Dobson - Contract Buyer PETITION PREPARED BY: Mike W. Dobson 207 Dixieway No. Rm #134 South Bend, Indiana 46637 (219) 272-6955 • Burger Dairy/Phillips 66 Store 702 Lincoln Way East . South Bend, Indiana J SCALE 1" - 25 ' 1 12 ' Alley I . • 38 ' 46 ' 33 'c/l el • 52 ' rt N ' 24 ' ' 60 ' • • • • • • •r , m �a r 7ti 30 ' c/1 Site Square Footage; 5076 sq ft Proposed Land Use: Additional drive to extended pump island and additional parking.. / Parking required: 0 provided: 4 Proposed Land Coverage: 51% parking and drives 49% undeveloped, no plans existing today. • AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Novome11q 20 County-City Building South Bend, Indiana 46601 (219) 284-9571 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 Dennis Cripe and B & R Oil Co., Inc. to zone from "C" Commercial and "B" Residential, "E" Height and Area to "C" Commercial , "E" Height and Area, property located at 718 and 702 Lincolnway East , City of South Bend - APC #1288-89 Dear Council Members: The above referenced ordinance and site development plan of Dennis Cripe and B & R Oil Co., Inc. was legally advertised November 9, 1989 and November 11 , 1989. The Area Plan Commission at its public hearing on November 21 , 1989, took the following action: Upon a motion by John Leszczynski , being seconded by Joseph Zappia and unanimously carried, the proposed ordinance and site development plan of Dennis Cripe and B & R Oil Co., Inc. to zone from "C" Commercial and "B" Residential, "E" Height and Area to "C" Commercial, "E" Height and Area, property located at 718 and 702 Lincolnway East, City of South Bend is sent to the Common Council with a favorable recommendation, subject to an acceptable final site development plan. In the Commission's opinion, expanding the existing commercial zoning to the south will alleviate some existing site plan deficiencies and provide a more natural boundary between zoning districts. 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: Dennis Cripe and B & R Oil Co. , Inc. CC: B & R Oil Co. , Inc. CC: Mike W. Dobson Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN . STAFF REPORT November 13, 1989 Dennis Cripe and B & R Oil Co. , Inc. 1288-89 Location: 718 and 702 Lincolnway East City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial and "B" Residential , "E" Height and Area to "C" Commercial , "E" Height and Area to provide additional parking and to allow the expansion of the gasoline pump island. EXISTING LAND USE: The property contains a convenience store with gasoline pumps. SURROUNDING LAND USE AND ZONING: Located to the north and east across Lincolnway are businesses and apartment buildings zoned "C" ,Commercial ; to the south is a single-family home zoned "B" Residential ; and to the west is a vacant lot and a two-family dwelling zoned "B" Residential . ACCESS: 'Access to the site is- from Lincolnway. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The:'drainage has not been addressed by the petitioner. DATA: The total site to be rezoned is 16,083 square feet. Of that, the buildings will occupy 2,364 square feet, or 15 percent of the site; the parking and drives will occupy 11,226 square feet, or 70 percent of the site; and 2,493 square feet or 15 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 noted that the alley to the south of the property will have to be paved by the petitioner. n C -� _ �JJ --7 -- .. ±IL •��lt {2 �4 SAL ° \ r� _ _. ..---. .__ [._. LST, 2 _LA 5.4LL ._I�tSi_ L l t sir 1. 1 ��.�y :.J i 1 .t C)L,_ _ . __ 3 ., . 1..„33 : s `g` k e !{ ' ( i 1' . r r t i 1 l5 : 4 4 .t .r :A v ' yB ! t5 �1 1 °Y hL- r 35'5.. ' _ — .. REZONING FROM: "C" COMMERCIAL, "E" HEIGHT AND AREA AND "B" RESIDENTIAL, "E" HEIGHT AND AREA TO: "C" COMMERCIAL, "E" HEIGHT AND AREA APC #1288-89 PETITION AREA SOUTH BEND ZONING "C" COMMERCIAL I "B" RESIDENTIAL SI "A" RESIDENTIAL I 1 <> "P,-3" RESIDENTIAL "D" LIGHT INDUSTRIAL I 1 "E" HEAVY . INDUSTRIALS NORTH •