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HomeMy WebLinkAboutZoning - Located Southwest corner of Sample and Mayflower Rds ORDINANCE No. 7959-89 Passed by the Common Council of the City of South Bend, Indiana . • ig 89 Attest: �^"-°'� City Clerk IRENE K. GAMMON / Attest: I President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ January 24, i9 _89 City Clerk IRENE K. GAMMON Approved and signed by me 9-ocfiaviLy, 19 i C/ Mayor ORDINANCE NO. '7 9`.i q S AN ORDINANCE AMENDING THE ZONING ORDINANCE for property located at the Southwest corner of Sample and Mayflower Roads, South Bend, Indiana and owned by Greenbrook Estates 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: Part of the east half (1/2) of the northwest Quarter (1/4) of Section number seventeen (17) , Township number thirty-seven (37) North, Range number two (2) East, described as follows: Beginning at the intersection of the West line of Route Number 123, otherwise known as Mayflower Road and the South line of Grant Road (Sample Street) thence West parallel with and along the South line of said Grant Road two hundred thirty and forty-three one hundredths (230.43) , thence South parallel with said State Road 123 four hundred twenty and zero hundredths feet (420.00) thence East parallel with South line of Grant Road, a distance of two hundred thirty and forty-three one hundredths feet (230.43) thence North to the place of beginning. Be and the same is hereby established as "C" 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. of the Commo`/yuncil /l-/Y'8� s$ ±<. HEARI1G I-023--8$ 'c; .L.i*T DYED s-\:::> fro)3-3 Ci as c2n�u4,60.-aL. • Date: October l? , 1988 To The: Honorable Members of the Common Council of the City of South Bend St. Joseph County, Indiana PETITION TO REZONE REAL ESTATE The undersigned, Greenbrook Estates, an Indiana General Partnership, hereby makes application and petitions the St. Joseph County Council, to amend the zoning ordinance as herein requested. 1. The property so to be rezoned is located at the southwest corner of Sample and Mayflower Roads. 2. The name and address of the property owner is: Greenbrook Estates. 15670 Hearthstone Mishawaka, Indiana 46545 3. The name and addresse of the contingent purchasers are as follows: Joseph J. Peters and Carole Peters 415 New Street Goshen, Indiana 46526 Phone: 533-4171 4. It is desired and requested that the property be rezoned from "B-1" Residential to "C" Commercial. 5. This rezoning is requested to allow the following uses: construction of a convenience store including gasoline sales, a car wash and a retail shopping facility. 6. Attached hereto and marked as Exhibit A is a copy of the legal description of the property; attached hereto and marked as Exhibit B is a list of the names and addresses of all property owners within 300 feet of the petition property; and attached hereto and collectively marked as Exhibit C are five (5) copies of a preliminary site plan; and furnished herewith are addressed, stamped envelopes of all property owners within 300 feet of the petition property. 7. See below GREENS,ROOK ESTATES, an Ind ana Genera Partnership AL (i G42,04374 :y Richard A. Rosenthal, General Partner John C. Firth THOMAS C. SOPKO & ASSOCIATES 419 West Jefferson Boulevard Post Office Box 928 South Bend, Indiana 46624 Telephone: 219/234-0041 CREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director, Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 December 21 , 1988 ci 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 Greenbrook Estates to zone from "B-1" Residential to "C" Commercial , property located at the southwest corner of Sample and Mayflower Roads, City of South Bend APC #1216-88 Gentlemen: The above referenced ordinance and site development plan of Greenbrook Estates was legally advertised December 8 and December 10, 1988. The Area Plan Commission gave it a public hearing on December 20, 1988 at which time the following action was taken: Upon a motion by John DeLee, being seconded by Lee Slavinskas, and unanimously carried, the proposed ordinance and site development plan of Greenbrook Estates to zone from "B-1" Residential to "C" Commercial , property located at the southwest corner of Sample and Mayflower Roads, City of South Bend is sent to the Common Council with a favorable recommendation subject to a minor subdivision and a final site development plan indicating the required parking, screening and sideyard setbacks PLEASE NOTE that the Ordinance has been amended by the petitioner to include a legal description 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. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • • • December 21 , 1988 The Honorable Common Council Page Two • 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, foryour 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: Greenbrook Estates Joseph J. and Carole Peters John C. Firth • START REPORT SREENBROOK ESTATES #1216-88 December 9, 1988 Southwest corner of Sample and Mayflower Roads City of South Bend REQUESTED ACTION: The petioners are requesting a zone change from "8-1" RI_idential , ':A" Height an:6 Area to "C' Commercial , "A" Height and Area to allow the construction of a convenience store including gasoline sales, a car wash and a retail shopping facility. EXISTING_LAND_USE: The pro erty is currently vacant. SURROUNDING LAND USE AND ZONING: Locatedito the north across Grant Road is a small retail center zoned "C" Commercial (County) ; to the east!, across Mayflower Road is a car sales lot and a 711 zoned "C" Commercial (City) ; to the south is a trailer park.. zoned "8-1 " Residential (City) ; and to the west is Bob ' s Super Store zoned "C" Commercial (City) . ACCESS: Access to the site is proposed from Mayflower Road and Grant Road. DRAINAGE: The drainage has been addressed by the petitioners. 11!ATO: The total site to be rezoned is 96.600 square feet. Of that , the buildings will occupy 13.800 square feet , or 1 of the site; the parking and drives will occupy 72,436 square feet . or 75% of the site, and 10,364 square feet or 11% of the site will remain as over, space. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the:f ollowing comments: ( 1) City water and sanit4ry sewers are available to the site. (2) Ingress-egress from Mayflower will need revising per traffic pattern on site. (3) County will need toreview ingress--egress on Grant Road. (4) Site drainage meets City requirements. �SUNNYf1ELO �� NAVARRE' p 4"44) -710).J2--—+ ++- r W �` `� \Nk- PARK AREA Q CRfF,V . .2 " - a L----RF4-, .� illy •.. O Ii!t LJ° i m 1 PARKWAY;• 7 I 8 co.; 1::js ..- .--.-" '.. ..-- '; ''. ,itk. ..SAMPLE ______r-C1 9 < < fl PI -t1 18±17 a . 17 I Ifi z .. „. J I AYW004 ',•' > , p '', {,i aQ W zr PL 4Q. c. ,! !.!!..:=5.!'1111P,!, WER p\y'Lv O 1i r !'„:4;:_. '1y !yO • oc Cr Cr W N m 2 WTt �� 1 \doV tADOwu'>: O a ir 'Ws' ;----Al' ' ` \\\ C tr 3 0 1 1 S(// D 1 ' il/N IL I I ' C11.\ ''.. 01 1• \6),(,. O SOUTH BEND CITY LIMITS N. \ 'N ii • j .� ��:■�. i� % / �\\ N I , / J a 1j1Ll \ %' o■) ///7 s ° \ �II ih i I \�N '` � 171.11 S i /\`\ \\�20121 �/ \\� \ k REZONING FROM: "B-1" RESIDENTIAL APC #1216-88 TO: "C" COMMERCIAL PETITION AREA -.R=° -, CITY ZONING COUNTY ZONING "A" RESIDENTIAL 1 - 1 "R" RES I DENTI ALI • 1 "Q" RESIDENTIAL ,,.wY. .,:w_ "C" COMMERCIAL "B-1 RESIDENTIAL r s s,•.. "C" COMMERCIAL ^ "C-1" COMMERCIAL 4 r" "0" LIGHT INDUSTRIAL 4,e,m4,,,,, NORTH