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Home My WebLink AboutZoning - Southeast corner of Locust Rd & Prairie Ave .. ORDINANCE No. 7867-88 Passed by the Common Council of the City of South Bend, Indiana May 9, 88 zg Attest: City Clerk IRENE K. GAMMON Attester '' ` -� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 10 , 88 IQ City Clerk IRENE K. GAMMON Approved and signed by me May 10 , Ig 88 `{f Mayor ORDINANCE NO. 7867-88 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LOCUST RD. & PRAIRIE AVE. , 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: PARCEL I. A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, T.37 N. , R.2 E. , PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION WHICH IS NORTH 00 00'00" E(ASSUMED BEARING), 1897.50 FT. (1898.25 FT. RECORD) ROM THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE N 89 54'20" E 152.63 FT. , THENCE N 00 00'47" W 219.93 FT. TO THE SOUTHEAST CORNER OF LOT 1 OF ELMER BOOCHER MINOR SUBDIVISION AS RECORDED BY INSTRUMENT NUMBER 8627026 IN THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE, THENCE WEST ALONG SAID SOUTH LOT LINE AND ITS EXTENTION 15g.68 FT. TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION, THENCE S 00 00'00" W ALONG SAID WEST LINE 220.08 FT. TO THE POINT OF BEGINNING. CONTAINING .771 ACRES. BE AND THE SAME IS HEREBY ESTABLISHED AS "A" RESIDENTIAL ,"A" 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. rjCj_i, NiER OF THE COMMON COUNCIL DATE FILED APPLICATION NO. DATE RECEIVED BY 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: THE SOUTHEAST CORNER OF LOCUST RD. AND PRAIRIE AVE. SOUTH BEND, INDIANA 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: ELMER E. & MARGARET BOOCHER 20972 WEST ROOSEVELT RD. SOUTH BEND, INDIANA 46614 PHONE NUMBER (219)-291-6144 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "C" COMMERCIAL ,"A" HEIGHT & AREA TO "A" RESIDENTIAL ,"A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). SINGLE-FAMILY HOME SITES. 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, 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. SIGNED, 44t, 4 & - `-�ELMER E. BO MAR ARET A. BOOC R 20972 WEST ROOSEVELT RD. 20972 WEST ROOSEVELT RD. SOUTH BEND, INDIANA SOUTH BEND, INDIANA PETITIONED PREPARED BY: PEIRCE & ASSOCIATES 52578 U.S 33 NORTH SOUTH BEND, INDIANA 46637 PHONE NUMBER (219)- 277-5381 CONTACT PERSON : (IF DIFFERENT FROM ABOVE) * PHONE NUMBER ( )- N/A • 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 April 20, 1988 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, In 46601 RE: A proposed ordinance of Elmer E. and Margaret Boocher to zone from "C" Commercial, "A" Height and Area to "A" Residential, "A" Height and Area, property located on the east side of Locust Road, approximately 400 feet south of Prairie Avenue, City of South Bend - APC #1167-88 Gentlemen: The above referenced ordinance and site development plan of Elmer E. and Margaret Boocher was legally advertised April 7, and April 9, 1988. The Area Plan Commission gave it a public hearing on April 19, 1988 at which time the following action was taken: Upon a motion by Harold Means, being seconded by Willie Morgan and unanimously carried, the proposed ordinance of Elmer E. and Margaret Boocher to zone from "C" Commercial, "A" Height and Area to "A" Residential, "A" Height and Area, property located on the east side of Locust Road, approximately 400 feet south of Prairie Avenue, City of South Bend is sent to the Common Council with a favorable recommendation 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 April 20, 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, 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: Elmer E. and Margaret Boocher Peirce & Associates STAFF REPORT ELMER E. AND MARGARET BOOCHER #1167-88 March 24, 1988 East side of Locust Road, approximately 400 feet south of Prairie Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial , "A" Height and Area to "A" Residential , "A" Height and Area for single-family dwelling purposes. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a convenience store zoned "C" Commercial; to the east and south is vacant land zoned "A" Residential; to the west across Locust is vacant land zoned "A" Residential and a commercial structure zoned "C" Commercial . ACCESS: Access to the site is proposed to be from Locust Road. DRAINAGE: The drainage has not been addressed by the petitioners. DATA: The total site to be rezoned is 33,585 square feet, or approximately .8 of an acre. SITE_PLAN: A site plan is not required for rezoninqs to "A" Residential . �. , WI I Hi 1 rq. .4 ,..;i,_,. .^v,, ` '�1G.11 1 1 l .. f ,hr APE•.,II s r JLJLJLJLU xu ' I _.1_J }rj,,, i F rt. s71"'�X�z as @ z {. � , .. �L <. , 'y 3 �� R4.".A olkow G I S ' -,lid w \ • • S. •Ilig.w I , ;r DONALO �rc� � k ,` .I • .'"4 i g to ~ �I : ;ITY MIT 16 �.5_ f, -„ , .•, a' * s`1 s1 EId” �' , IS 14 erg:" • d Y -----=+— 21 ('2 4 ' � ?� �� t" ' 's- [M•. At+�j, i1 M*°„J I� 22 23 w • Rte, R 9wt � a4I RUM VILLAGE IAVI w •� U: • ` �-? PARK k ,.,,,iis,„•, pk, / � 'l.P'1'(,,sa ) e 1+;` R •Y�%Tk��Eor°(u 7'�,'` ? <'. AA �Ir' % 1 0 g1a� .k I»f r y, frri 4t tj� S b"W �-F 1d. 41, . A a //,,......„.„4.95k Cr I 1� t 1. I, E , ....„, ,, ,, „ ,, , ,I\ \ 1,I• c. }•.,l I'; ,I•II ., �;�\\ 11 1 it �� .s. 1, .,. ,, .. .1... ., 1, i: .1 ,i .,.. . ��; i; 22I 23 TM BEND '�` ��. t _. _ _ .. ..- _?ORTAGE —TW 28 27 ��\ -- — — I� CENTRE TWP 27 1 26 CHIPPEVYA I I: I \ I REZONING FROM "C" COMMERCIAL, "A" HEIGHT AND AREA APC #1167-88 • TO: "A" RESIDENTIAL, "A" HEIGHT AND AREA • PETITION AREA A CITY ZONING COUNTY ZONING "A" RESIDENTIAL t 11611 RESIDENTIAL ; ' . "C" COMMERCIAL "A" AGRICULTURAL • "D" LIGHT INDUSTRIAL,' I ■ "E" HEAVY INDUSTRIAL NORTH • Qhimmttttr at part On flit Qlommnn QIounril of tile Olitg of Ooutll Your Committee of the Whole to whom was referred - BILL NO. 18-88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LOCUST RD. & PRAIRIE AV. IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by ,..substitution. Chairman Thomas Zakrzewski /RICE /Ru., /U•LISHINO CO.