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Home My WebLink AboutZoning - Property located at 1319 N Iowa St ORDINANCE No 8130-90 Passed by the Common Council of the City of South Bend, Indiana October 8, 90 - r9 Attest: °`'� y`" -' Cit y Clerk IRENE K. GAMMON Attest: President o f Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 9, 90 19 City Clerk IRENE K. GAMMON Approved and sired by me C)C10130 , I I 19 9 Aro I Mayor Wry s ORDINANCE NO. g' t Zb -Si 0 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1319 No. Iowa Street IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by Common Council of 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 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: A lot or parcel of land in the Northeast Quarter of the Northeast Quarter of Section 4 , Township 37 North, Range 2 East , described as follows , viz : Beginning 428 . 21 feet East and 279. 86 feet South of the Northwest corner of the Northeast Quarter of said Northeast Quarter , thence East 202 . 48 feet , more or less , parallel to the North line of said Northeast Quarter to the West line of Iowa Street; thence South along the West line of Iowa Street 132.45 feet, more or less; thence West 203 . 45 feet, more or less; thence North 132 .05 feet, more or less, to the place of beginning, also known as Tax Key # 18-2193-7247.05. be ana the same is hereby established as "D" Light Industrial, "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. � , / 7 / ■_ _.“ Member of th- %ommo -r-ncil iii 1st READING ?-I3-GO PUBLIC HEARING I o -& -9 0 3 rd READING 1 o - cc- 9 6 NOT APPROVED REFERRED PASSED I. o -8' -9 d i eb-o Date Filed: Application No. Date received by the Area Plan Commission We the undersigned make application to the Common Council of the Lity of South Bend, Indiana to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: 1319 North Iowa Street South Bend, Indiana 46628 2.) Name and address of property owner of the petition site: Samar, Inc. 17585 Juday Lake Drive South Bend, Indiana 46635 Phone: 219/272-7021 3.) Name and address of contingent purchasers: Charles P. Lord and Marcia L. Lord (husband and wife) 2001 Pritchard Drive Niles, Michigan 49120 Phone: 616/683-8587 4.) It is desired and requested that this existing property be rezoned from: "C" t.ommercial, "A" Height and Area to: "D" Light Industrial, "A" Height and area 5.) The rezoning is requested to allow the following use: Machine shop with fourteen (14) operating employees 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; and (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, we and contingent purchasers understand that if the Council approves this petition to rezone, it may be approved subject to submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Co mission within one (1) year of the Council's action. Failure to submit a final site plan within the specified time period causes the zoning of the petitioned property to revert to the initial zoning classification. SAMAR, INS,. n . / ? A EXHIBIT "B" ATTACHMENT to Samar, Inc. Application for Rezoning List of names and addresses of all property owners within 300 feet of the petitioned property: TAX KEY NO. NAME ADDRESS 18-2193-724706 Vernon C. Krier c/o Wendys 20 N. Union St. Rochester, N.Y. 14607 18-2193-724703 Wendy's of Ft.Wayne, Inc. 20 N. Union St. Rochester, N.Y. 14603 18-2193-724702 Wm. E. & Walter E. Hindsley 3822 Lincoln Way West South Bend, IN 46628 18-2193-724804 The South Bend Inn P.O. Box 32999 Columbus, OH 43232 18-2193-724708 Gerold R. & Vivian D. P.O. Box 3608 and South Bend, IN 46619 Harlan A. & Carolyn A. Lusk 18-2193-7247 John T. & M.P. Hartman 2810 S. Michigan St. & Van E. Hartman Life Est. South Bend, IN 46614 18-2193-724803 Donald B. & Shirley Ann 2324 Lincoln Way West Cruickshank South Bend, IN 46628 18-2193-7248 Lincolnway Properties P.O. Box 626 c/o Alberts Insurance Agency Benton Harbor, MI 49022 18-2215-8153 Kaniewski & Sons 3402 Lincoln Way West Funeral Hane, Inc. South Bend, IN 46628 18-2129-4781 Shell Oil Company 2 Shell Plaza, Room 1976 Houston, Texas 77001 18-2129-4784 Raman M. Patel 3300 Lincoln Way West 18-2129-4785 South Bend, IN 46628 18-2129-4786 EXHIBIT "A" ATTACHMENT to Samar, Inc. Application For Rezoning of Property, as follows: PROPERTY consists of real estate in St. Joseph County, Indiana, commonly addressed as 1319 North Iowa St. , South Bend, Indiana; and includes a building approximately 62 'x 140 ' and a lot sized approximately 132 'x 203' with the 132 ' dimension abutting Iowa Street. The legal description is as follows: A lot or parcel of land in the Northeast Quarter of the Northeast Quarter of Section 4, Township 37 North, Range 2 East, described as follows, viz: Beginning 428. 21 feet East and 200 feet South of the Northwest corner of the Northeast Quarter of said Northeast Quarter , thence East 202. 48 feet, more or less, parallel to the North line of said Northeast Quarter to the West line of Iowa Street ; thence South along the West line of Iowa Street 132. 45 feet, more or less, to the Marathon Oil Company property; thence West along the North boundary line of said Marathon Oil Company property 203 . 45 feet, more or less ; thence North 132. 05 feet, more or less, to the place of beginning. 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 `O September 19, 1990 k ` 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 Samar, Inc. to zone from "C" Commercial , "A" Height and Area to "D" Light Industrial, "A"Height and Area, property located at 1319 North Iowa Street , City of South Bend - APC #1369-90 Dear Council Members: The above referenced ordinance and site development plan of Samar, Inc. was legally advertised September 6, 1990 and September 8, 1990. The Area Plan Commission at its public hearing on September 18, 1990, took the following action: Upon a motion by John DeLee, being seconded by John Leszczynski and carried, the proposed ordinance and site development plan of Samar, Inc. to zone from "C" Commercial, "A" Height and Area to "D" Light Industrial, "A"Height and Area, property located at 1319 North Iowa Street, City of South Bend is sent to the Common Council with angsOMMENee recommendation. The petition site is located within a solid commercial development district . The proposed use would be an expansion of the already existing use and may, or may not, be detrimental to the surrounding commercial properties. However, the potential future industrial uses that could be situated on the property, if an owner ever decides to sell the property, would not be limited to the existing use. In the Commission's opinion, such potential industrial encroachment should not be encouraged in this commercial district. Just as residential uses need protection, commercial uses also need protection from the encroachment of incompatible uses. 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. filid In Clerk's Office SEP 1 9 IRENE GAMM01* ' CITY CLERK,SO.BEND,INS Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • 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 . Sinter ly. Richard S. Johnson RSJ:sr Attachment CC: Samar, Inc. CC: Charles P. and Marcia L. Lord CC: Lech E. Borysiak STAFF REPORT September 10, 1990 Samar, Inc. 1369-90 Location: 1319 North Iowa Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial , "A" Height and Area to "D" Light Industrial , "A"Height and Area to allow a machine shop with more than five employees. EXISTING LAND USE: The property contains a machine shop. SURROUNDING LAND USE AND ZONING: Located to the north is an air freight company zoned "C" Commercial ; to the east across Iowa Street is a motel zoned "C" Commercial; to the south is an auto parts and service store zoned "C"Commercial ; and to the west is a fast food restaurant zoned "C" Commercial . ACCESS: Access to the site is from Iowa Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 26,928 square feet . Of that , the buildings will occupy 8,680 square feet , or 32 percent of the site; the parking and drives will occupy 11 ,201 square feet, or 42 percent of the site; and 7,047 square feet or 26 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 did not make any comments. J/47 /81-7879 'IL .11.--- 225-79.2.3' '232-79-40 �` 5114 cz - <- -_.Z n-4s /82-7a8o=J -/87O i4as -7ge5 2261¢° 23/x29 � N J /83.7aa� Lu ^ U88G 3�� Q " "/45.77-4¢ k " Z7ae¢ 2 "•?30791e 8. ' t/44-77.5 /84-7/8z�. so ...""!;7/48.5'° 22871 ;229-7927 �n ii7 $ ml u7 161.14 . 6 IF /71.67 - 1. • • • w r x � a '4 ass f ii �e tT e' 'Q 6 b + /77 o�tJ.vp-\ '=a � � `lB3-ao4u 40 '51,k a�vE o /B4-@097 /94-8107 1 �4Y�pp �Q 1'e N •ate O\ !Mt, ti 3/85 �` 1931 I ,, !V S 8106 3/-4057_ n.i V!,, ,„0 /8G go99 /9?8,O$ 4/950:Z8 ' 32-4asa $ I G6 • " ro REZONING FROM "C" COMMERCIAL, "A" HEIGHT AND AREA TO: "D" LIGHT INDUSTRIAL, "A" HEIGHT AND AREA APC x1369-90 PETITION AREA - :;Z SOUTH BEND ZONING "A" RESIDENTIAL I 1 "B" RESIDENTIAL I 1 "C" COMMERCIAL 1. ,� u,s x11 a�u,T i. r. i