HomeMy WebLinkAboutZoning - Located Approximately 390 feet east of the intersection of Ewing Ave & Prairie Ave t _I
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ORDINANCE No. 8064-90
Passed by the Common Council of the City of South Bend, Indiana
February 12, 90
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Attest: '"`"` -�-- �t____ City Clerk
IRENE K. GAMMON
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�°r President of Common Council
711-e/
Attest:. / � -�� f
Presented by me to the Mayor of the City of South Bend, Indiana
February 13 , 90
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City Clerk
IRENE K. GAMMON
Approved and signed by me February 14 ig 9 0
64. Mayor
I
ORDINANCE NO. OQ Vi-q0
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT:
_PARCEL ONE BEING APPROXIMATELY 390 FEET ± EAST OF THE INTERSECTION OF
EWING AVENUE AND PRAIRIE AVENUE (STATE ROAD #23 ) ON
THE SOUTH SIDE OF EWING AVENUE, IN THE CITY OF SOUTH BEND, IN. ,
PARCEL TWO: LOCATED AT APPROXIMATELY 153 FEET EAST OF THE PRAIRIE AVENUE
• - LOCUST AVENUE INTERSECTION ON THE SOUTH SIDE OF PRAIRIE AVENUE
BE IT ORDAINED By the Common Council of the City of South Bend, Indiana:
SECTION I : Ordinance No. 4990-68 as amended; which is commonly known
as the Zoning Ordinance of the City of South Bend, Indiana be and the
same is hereby 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
Legal Description: Parcel One
A parcel of land being part of the West half of the Northeast
Quarter of Section 22 , Township 37 North, Range 2 East, Portage
Township, St. Joseph County, Indiana, described as follows :
Commencing at the Northwest corner of said Quarter Section;
thence. North 89°-35 ' -35" East (Bearing Assumed) along the North
line of said Quarter Section a distance of 1303 .09 feet; thence
South 0°-16 ' -29" East along the West right-of-way line of Grant
Street , a distance of 165 .00 feet to the point of beginning; thence
continuing South 0°-16 ' -29" East along said right-of-way a distance
of 41 .00 feet ; thence North 89°-35 ' -35" East to the East line of
the West half of said Quarter Section, a distance of 30 . 00 feet ;
trhence South 0°-16 ' -29" East along said East line a distance of
1398 .00 feet; thence South 89°-43 ' -31" West, a distance of 445 . 00
feet to the centerline of proposed roadway; thence for next seven
courses along the proposed roadway centerline, the first course
being North 0°-16 ' -29" West , a distance of 645 .00 feet to a point
of curvature; thence Northwesterly along a curve to the left having
a radius of 200 .00 feet, a central angle of 41°-30 ' -00" and limited
in length by a chord of 141 . 72 feet that bears North 21°-01 ' -29"
West to a point thence North 41°-46 ' -29" West , a distance of 9 . 93 feet
to a point of curvature; thence Northeasterly along a curve to the
right having a radius of 200 . 00 feet a central angle of 41°-30 ' -00"
and limited in length by a chord of 141 . 72 feet that bears North 21°-
01 ' -09" West to a point ; thence North 0 °-16 ' -29" West a distance
of 147 . 80 feet to a point of curvature ; thence Northeasterly along
a curve to the right having a radius of 200 .00 feet ; a central angle
of 52 °-00 ' -00" and limited in length by a chord of 175 . 35 feet that
bears North 25°-43 ' -31" East to a point ; thence North 51°-43 ' -31"
East a distance of 135 . 13 feet to a point ofcurvature; thence North-
easterly along a curve to the left having a radius of 150 .00 feet ;
a central angle of 52 °-00 ' -00" and limited in length by a chord of
131 . 51 feet that bears North 25°-43 ' -31" East to a point ; thence
North 0°-16 ' -29" West , a distance of 14 . 00 feet ; thence North 89°
35 ' -35" East a distance of 281.00 feet to the point of beginning,
containing 15 . 17 acres more or less .
be and the same is hereby established as "B" Residential.
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Legal description : • Parcel Two
A parcel of land being part of the West half of the
Northeast Quarter of Section 22 , Township 37 North,
Range 2 'East , Portage Township, City of South Bend,
Indiana, described as follows :
Commencing, at the Northwest corner of said Quarter
Section; thence North 89 °-35 ' -35" East (bearing
assumed ) along the North line of said Quarter Section,
a distance of 633 . 99 feet ; thence South 0°-24 ' -25"
East , a distance of 40 . 00 feet to the Northwest corner
of Luan ' s Replat of Peak's First Addition and being
the point of beginning for this description; thence
South 0°-00 ' -48" East along the West line of Luan ' s
Replat of Peak' s First Addition , a distance of 225 . 00
feet ; thence South 61 °-29 ' -27" West , a distance of
548 . 07 feet ; thence North 0°-00' -48" West , a distance
of 225 . 00 feet to the South right-of-way line of
Prairie Avenue ; thence North 61 °-29 ' -27" East along said
South right-of-way line a distance of 548 . 07 feet to
the point of beginning of this description containing
2 . 49 acres more or less .
be and the same is hereby established as 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.
2;44 st.
Member of th,e7 mon Co cil
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Date Filed Application No. z
Date received by the 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 :
Parcel I : approximately 390 feet ± east of the Ewing Avenue
and Prairie Avenue (State Road #23 ) intersection
on the south side of Ewing Avenue.
Parcel II : approximately 153 feet east of the Prairie Avenue
Locust Road intersection on the south side of
Prairie Avenue .
2 ) Name and address of property owner( s ) of the petition site :
Name : Chaang Huei & Sarah Luan
Full address and Phone Number: 54777 Luan Dr. , Osceola, In. 46561
( 219 ) 256-7169
3 ) Name and address of contingent purchaser(s ) , if applicable :
Name:
Full address and Phone Number:
4 ) If is desired and requested that this property be rezoned
Parcel I : from "A" Residential
to "B" Residential
and
Parcel II : from Residential & Commercial
to Commercial, "A" Height & Area
5 ) This rezoning is requested to allow the following use( s ) :
Parcel I : to allow two-family dwellings to be constructed
in a single-family residential area.
Parcel II : to allow for a small shopping area to be
constructed.
6 ) Attached is a copy of a) legal descriptions for both Parcels ,
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 he initial
zoning classification. Time extensions on he submittal of
the final site plan may be requested.
/1 '
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Ch:":n• I u- Luan ,
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4//, 1.1
Sa,'ah Luan /
PETITION PREPARED BY:
Porpoerty Owners for Commercial Rezoning
L
Ellen. Brown ` = Lawrence K. & Lowell W. Mann
Syndicate Company Corp 1022 So. 34th St. ,
South Bend, Indiana South Bend, Indiana 46615
James T. & Ellen M. Brown Emil & Eugenia Schultz
2322 So. Olive St . , 2221 So. Carlisle St . ,
South Bend, Indiana 46614 South Bend, Indiana 46613
Charles & Wilma Nagy, Jr. William J. & Norma Conboy
Steven M. Gyori 2220 Highland Boulevard
15219 Kerlin Dr. , South Bend, Indiana 46613
Granger, Indiana 46530
Guy T. Stroud
18235 Chipstead Dr. ,
South Bend, Indiana 46637
Ronald Johnson
2335-2337 Prairie Ave. ,
South Bend, Indiana 46614
Melvin & Joanne McCallum
26801 Jackson Road
South Bend, Indiana 46619
Elmer & Margaret Boocher
M► 20972 W. Roosevelt Rd. ,
South Bend, Indiana 46615
Steve & Emma Leopold
$ Eugene & Doris Hancz
25595 Kern Road
South Bend, Indiana 46614
Tibor & Margaret Folding
2205 Gertrude St. ,
South Bend, Indiana 46613
George P. Radman
2413 Prairie Ave. ,
South Bend, Indiana 46614
James T. Brown
2313 So. Olive St . ,
South Bend, Indiana 46614
Calvert Rod & Gun Club
2203 W. Ewing Ave. ,
South Bend, Indiana 46613
Christopher P. Kohler
2219 W. Ewing
South Bend, Indiana 46613
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Property Owners for Residential Rezoning
Secretary of Housing & Urban Division
Attn: Single Family Property Disposal
151 N Delaware Street
Indianapolis , Indiana 46204
DeAnn Latson
1908 W Ewing
, J —South Bend , Indiana 46613
Donald L & Anna Mae Conrad
1704 Rockne Drive
South Bend, Indiana 46617
Richard R & Patricia L Dukeshier
30711 C .R. #16
Elkhart, In 46516
Vick & Elizabeth Cary
1924 W Ewing Avenue
South Bend, In 46613
Charles & Mary Kovach
106 N Greenlawn
South Bend, In 46617
Paul Szikszai
2427 Brookfield
South Bend, Indiana 46613
Stephen & Mary P Bernath
2102 Prairie
South Bend, In 46613
Johnnie L & Sharon S Hamman
2046 Prairie Avenue
South Bend , INdiana 46613
Mary E Wieger
60000 Myrtle Road
South Bend , INdiana 46614
Alex G & Irma E Nyers
2011 W Ewing
South Bend , Indiana 46613
Louis & Suzy M Mester
1925 W Ewing
South Bend, INdiana 46613
William & Ritsu Fornier
1921 W Ewing
South Bend, Indiana 46613
Donald J & Betty R Zelasko
1917 W Ewing
South Bend, INdiana 46613
i LANG, FEENEY and ASSOCIATES, INC.
1 LAND SURVEYING - ENGINEERING
715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46618
TELEPHONE 219/233-1841
WILLIAM D. LANG, PRES. SUB-DIVISIONS
FEENEY, L.S. BOUNDARY SURVEYS
JOHN B.
JOHN B.E D. LANG, L.S. TOPOGRAPHIC SURVEYS
GEORGE J. MITCHELL, L.S. CONSTRUCTION SURVEYS
Legal Description: Parcel One
A PARCEL OF LAND BEING PART OF THE WEST HALF OF THE NORTHEAST QUARTER
OF SECTION 22 , TOWNSHIP 37 NORTH , RANGE 2 EAST , PORTAGE TOWNSHIP ST .
JOSEPH COUNTY , INDIANA DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION ; THENCE
NORTH 89 °35 ' 35" EAST(BEARING ASSUMED) ALONG THE NORTH LINE OF SAID
QUARTER SECTION A DISTANCE OF 1303 . 09 FEET ; THENCE SOUTH 0°16 ' 29"
EAST ALONG THE WEST RIGHT-OF-WAY LINE OF GRANT STREET , A DISTANCE
OF 165 . 00 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING SOUTH
0°16 ' 29" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 41 . 00 FEET ;
THENCE NORTH 89° 35 ' 35" EAST TO THE EAST LINE OF WEST HALF OF SAID
QUARTER SECTION , A DISTANCE OF 30 . 00 FEET ; THENCE SOUTH 0°16 ' 29"
EAST ALONG SAID EAST LINE A DISTANCE OF 1398 . 00FEET ; THENCE SOUTH
89°43 ' 31" WEST , A DISTANCE OF 445 . 00 FEET TO THE CENTERLINE OF
PROPOSED ROADWAY ; THENCE FOR NEXT SEVEN COURSES ALONG THE PROPOSED
ROADWAY CENTERLINE , THE FIRST COURSE BEING NORTH 0°16 ' 29" WEST A
DISTANCE OF 645 . 00 FEET TO A POINT OF CURVATURE ; THENCE NORTHWESTERLY
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 200 . 00 FEET , A CENTRAL
ANGLE OF 41°30 ' 00" AND LIMITED IN LENGTH BY A CHORD OF-.141 . 72 FEET
THAT BEARS NORTH 21° 01 ' 29" WEST TO A POINT ; THENCE NORTH 41°46 ' 29"
WEST , A DISTANCE OF 9 . 93 FEET TO A POINT OF CURVATURE; THENCE NORTH-
EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 200 . 00 FEET ,
A CENTRAL ANGLE OF 41°30 ' 00" AND LIMITED IN LENGTH BY A CHORD OF
141 . 72 FEET THAT BEARS NORTH 21°01 ' 09" WEST TO A POINT ; THENCE NORTH
0°16 ' 29" WEST A DISTANCE OF 147 . 80 FEET TO A POINT OF CURVATURE ;
THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
200 . 00 FEET , A CENTRAL ANGLE OF 52 °00 ' 00" AND LIMITED IN LENGTH
BY A CHORD OF 175 . 35 FEET THAT BEARS NORTH 25°43 '31" EAST TO A
POINT; THENCE NORTH 51°43 '31" EAST , A DISTANCE OF 135 . 13 FEET TO A
POINT OF CURVATURE ; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 150 . 00 FEET , A CENTRAL ANGLE OF 52 °00 ' 00" AND
LIMITED IN LENGTH BY A CHORD OF 131 . 51 FEET THAT BEARS NORTH 25°43 ' 31"
EAST TO A POINT; THENCE NORTH 0°16 ' 29" WEST , A DISTANCE OF 14 . 00 FEET ;
THENCE NORTH 89°35 ' 35" EAST , A DISTANCE OF 281 . 00 FEET TO THE POINT OF
BEGINNING, CONTAINING 15 . 17 ACRES MORE OR LESS
, I ,
LANG, FEENEY and ASSOCIATES, INC.
4 , LAND SURVEYING ENGINEERING
715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46618
TELEPHONE 219/233-1841
WILLIAM D. LANG, PRES. SUB-DIVISIONS
JOHN B. FEENEY, L.S. BOUNDARY SURVEYS
TERANCE D. LANG, L.S. TOPOGRAPHIC SURVEYS
GEORGE J. MITCHELL, L.S. CONSTRUCTION SURVEYS
Legal Description: Parcel Two
A parcel of land being part of the West half of the
Northeast Quarter of Section 22 , Township 37 North, Range
2 East , Portage Township, City of South Bend, Indiana,
described as follows :
Commencing at the Northwest corner of said Quarter
Section; thence North 89 °-35 ' -35 " East (bearing assumed)
along the North line of said Quarter Section, a distance
of 633 . 99 feet ; thence South 0 °-24 ' -25" East , a distance
of 40 . 00 feet to the Northwest corner of Luan 's Replat of
Peak' s First Addition and being the point of beginning for
this description; thence South 0 °-00 ' -48 " East along the
West line of Luan ' s Replat of Peak' s First Addition, a
distance of 225 . 00 feet ; thence South 61 °-29 ' -27" West , a
distance of 548 . 07 feet ; thence North 0 °-00 ' -48" West , a
distance of 225 . 00 feet to the South right-of-way line of
Prairie Avenue ; thence North 61°-29 ' -27" East along said
South right-of--way line a distance of 548 .07 feet to the
point of beginning of this description containing 2 . 49
acres more or less .
,
AREA PLAN COMMISSION RICHARD S. JOHNSON
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OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
January 17, 1990 S9
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The Honorable Common Council 1 �o
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Chaang Huei & Sarah Luan
to zone from "A" Residential and "C" Commercial, "A" Height and Area to "B"
Residential and "C" Commercial , "A" Height and Area, property located at:
Parcel I : south side of Ewing Avenue, 390 feet east of Prairie Avenue. Parcel
II : south side of Prairie Avenue 153 feet east of Locust Road, City of South
Bend - APC #1301-89
Dear Council Members:
The above referenced ordinance and site development plan of Chaang Huei & Sarah
Luan was legally advertised January 4, 1990 and January 6, 1990. The Area Plan
Commission at its public hearing on January 16, 1990, took the following action:
Upon a motion by John DeLee, being seconded by John Leszczynski and unanimously
carried, the proposed ordinance and site development plan of Chaang Huei &
Sarah Luan to zone from "A" Residential and "C" Commercial, "A" Height and Area
to "B"Residential and "C" Commercial, "A" Height and Area, property located at:
Parcel I: south side of Ewing Avenue, 390 feet east of Prairie Avenue. Parcel
It: south side of Prairie Avenue 153 feet east of Locust Road, 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
commercial uses along S.R. 23 and the residential lots south of Ewing Street are
compatible and would not have a detrimental effect on the surrounding area.
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: Chaang Huei & Sarah Luan
CC: Lang, Feeney & Associates,
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
•
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STAFF REPORT January 8, 1990
Chaanq Huei & Sarah Luan 1301-89
Location: Parcel I : South side of Ewing
Ave. , 390' east of Prairie Ave. Parcel
II : South side of Prairie Ave. 153' East
of Locust Road
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "A"Residential and "C" Commercial , "A"
Height and Area to "B" Residential and "C"
Commercial , "A" Height and Area to allow the
construction of two-family dwellings and a
small shopping area.
EXISTING LAND USE: The property contains a vacant wooded area.
SURROUNDING LAND USE AND ZONING: Located to the north, along S.R. 23 is a
restaurant and liquor store zoned "D" Light
Industrial ; and a single-family home and a
fire station zoned "C" Commercial ; north of
Ewing Ave. are single-family homes zoned "A"
Residential ; to the east is a single-family
home and vacant wooded land zoned "A"
Residential ; to the west is a convenience
store zoned "C" Commercial , single-family
homes zoned "A" Residential , and vacant land
zoned "A" Residential ; to the south is a
vacant wooded area zoned "A" Residential .
ACCESS: Access to the site is from Ewing Avenue and
Prairie Avenue.
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 18 acres. Of
that , the buildings will occupy 3.15 acres or
17.5 percent of the site; the parking and
drives will occupy 4.13 acres, or 23 percent
of the site; and 10.72 acres or 59.5 percent
of the site will remain as open space.
WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that no
flood hazard areas are present , but there is a
wetland on the property.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer did not have any comments.
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REZONING FROM PARCEL I ; "A" RESIDENTIAL, "A" HEIGHT AND AREA
PARCEL II ; "A" RESIDENTIAL and "C" COMMERCIAL, "A" HEIGHT AND AREA
TO PARCEL I ; "B" RESIDENTIAL, "A" HEIGHT AND AREA
PARCEL II ; "C" COMMERCIAL, "A" HEIGHT AND AREA
PETITION AREAS tissotwassat APC #1301 -89
SOUTH BEND ZONING
"A" RESIDENTIAL I I
"B" RESIDENTIAL ogw:
"C" COMMERCIAL i/2_?.
"D" LIGHT INDUSTRIAL I I NORTH