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Home My WebLink AboutZoning - property located 3502 Lincolnway West ORDINANCE No. 7765-87 Passed by the Common Council of the City of South Bend, Indiana June 8, rq 87 ,� D Attest: 111 _`'`'3� City Clerk IRENE K. GAMMON Attest: (i-527.P , President o f Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 9, 87 Ig ,_ei-62.,_,__ __ (c- ;12-,.,_,...„._, City Clerk IRENE K. GAMMON Approved and sired by me u 0 n-e, '9_27 7: Mayor • • ORDINANCE NO. -77 (0S-E".7 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3502 LINCOLN WAY WEST, 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 II: A part of the West Half (2 ) of the Northeast Quarter (4 ) of Section Four (4) , Township Thirty-seven (37) North, Range Two (2) East, to-wit: Beginning at a point Nine Hundred Eleven and Forty-six Hundredths (911.46 ) feet East and Fourteen Hundred Ten and Seventy-five Hundredths (1410. 75) feet North of the Southwest corner of the Northeast Quarter (4 ) of said Section Four (4); thence North parallel with the West line of said Northeast Quarter (4) , Nine Hundred Forty-six and Forty-four Hundredths (946.44) feet to the South side of the Michigan Road (now Lincolnway West) ; thence South Sixty-seven (67) degrees and Fifty (50) minutes East along the South side of said road One Hundred Fifty-three and Seventy-eight Hundredths (153. 78) feet thence South parallel with the West line of said Northeast Quarter ( ) Eight Hundred Eighty-eight and Thirty-six Hundredths (888. 36) feet; thence West One Hundred Forty-two and Fifty-six Hundredths (142.56 ) feet to the place of beginning, EXCEPTING THEREFROM a part of the West Half (1) of the Northeast Quarter (4) of Section Four (4) , Township Thirty-seven ( 37) North, Range Two (2 ) East, to-wit: Beginning at a point One Thousand Four Hundred Ten and Seventy-five Hundredths (1410. 75 ) feet North of and Nine Hundred Eleven and Forty-six Hundredths (911.46 ) feet East of the center of said Section Four (4) said point of beginning being a corner of Beacon Heights Addition to South Bend, Indiana, thence East along a North line of Beacon Heights Addition a distance of One Hundred Forty-two and Fifty-six Hundredths (142.56 ) feet, thence North to a point that is One Hundred Forty-two and Fifty-six Hundredths (142.56 ) feet East of and Five Hundred Ninety-nine and Ninety-six Hundredths (599.96) feet North of the place of beginning, thence West a distance of One Hundred Forty-two and Fifty-six Hundredths (142.56 ) feet to a point on the East line of Beacon Heights Addition, said point being Five Hundred Ninety-nine and Ninety-six Hundredths (599.96 ) feet North of the point of beginning, thence South along the East line of Beacon Heights Addition a distance of Five Hundred Ninety-nine and Ninety-six Hundredths ( Coo_oAl 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. fit.d....L.o , ,i_i_d___ i_A. fIVIemb: of t e Commo. "Council Filed In Clerk's Office APR 8 1987 IRENE GAMMON CITY CLERK, SO. BEND, IN • Date Filed April 08, 1987 Application No. Date received by the Area Plan Commission 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: 3502 Lincoln Way West - Parcel 2 only South Bend, Indiana 46628 2) Names and address of property owners of the petition site: Susan L. , Thomas J. , and Rebecca S. Cameron 3502 Lincoln Way West, South Bend, Indiana 46628 (219) 287-8130 3) it is desired and requested that this property be rezoned from "B" Residential, "A" Height & Area to "C " Commercial, "A" Height & Area 4) This rezoning is requested to allow the following uses: Retail sales for cat products, cat grooming, cat boarding, and behavioral consulting. 5) 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. 6) By signing this petition, we 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. // 0{56.-.... PETITION PREPARED BY: Susan L. Cameron 3502 Lincoln Way West — 4 ' i \ 5ha.u�D1 / N 1 # 31 ti 4Y W / . t , o Ii p % , o p O pc , i teligo4 p 0 PLIVQCsi 1Co4CR. (4414N4 % t.2 f110 Sett ��. )An/ $ 0vr 2' I ..... 7 iiiiiismit.1) i l • I I a li t 1 • q • • • -a. mit • OMMISSION AREA PLAN C RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 May 20, 1987 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 Susan L., Thomas J. and Rebecca S. Cameron to zone from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3502 Lincoln Way West, City of South Bend - APC #1096-87 Gentlemen: The above referenced ordinance and site development plan of Susan L., Thomas J. and Rebecca S. Cameron was legally advertised May 8 and May 9, 1987. The Area Plan Commission gave it a public hearing on May 19, 1987, at which time the following action was taken: Upon a motion by John DeLee, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Susan L., Thomas J. and Rebecca S. Cameron to zone from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3502 Lincoln Way West, City of South Bend, is sent to the Common Council with a favorable recommendation subject to a Final Site Development Plan and a determination by the City Board of Zoning Appeals that the proposed uses are permitted uses under the "C" Commercial Zoning Classification 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: Susan L., Thomas J., and Rebecca S. Cameron Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT SUSAN L.LTHOMAS J. AND REBECCA S. CAMERON #1096-87 May 8, 1987 3502 Lincoln Way West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area to establish a retail sales facility for cat products, cat grooming, cat boarding and behavorial consulting. EXISTING LAND USE: The property currently is vacant. SURROUNDING LAND USE AND ZONING: Located to the north across U.S. 20 are single- family homes zoned "A" Residential and a business zoned "C" Commercial , to the east is a single- family home and a funeral home zoned "B" Residential , to the south are single-family homes zoned "A" Residential and to the west are single- family homes zoned "A" Residential . ACCESS: Access to the site will be from U.S. 20. DRAINAGE: The drainage has been addressed by the petitioners. DATA: The total site 'to be rezoned is 45,204 square feet. Of that, the buildngs will occupy 1,225 square feet, or 2.71% of the site; the parking and drives will occupy 1 ,960 square feet, or 4.337. of the site, and 42,019 square feet or 92.96% of the site will remain as open space. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: "1. City water and sanitary sewer are available to site. 2. Drywells must be used for paved and roof areas at the rate of 30 gal. per 100 sq. feet. 3. State approval for ingress and egress will be necessary. " The City Building Commissioner made the following comments: "1 . The stated activity, retail sales for cat products, cat grooming, cat boarding, and behavorial consulting, is a commercial activity. However, this activity is not a listed use in 21-18(a) of the Municipal Ordinance. 21-18(a) (64) states that uncertain uses shall be reviewed by the BZA and the interpretation of the board shall govern. Therefore, if this property is rezoned to "C" Commercial , the owners will still be required to petition the BZA. 2. A 22 foot ingress roadway is shown. If this curb cut does not exist, the owner will be required to petition the Indiana Highway Dept. for this new access to the property. 3. The parking area must meet all requirements of 21-99, Design Standards for Off Street Parking. Further the front setback can not be used for parking. " U I — .....„--• ....„.„.; ......... .„,..7: 777 -J 3 E • Q BERG• 2 F , I f • ,.-./c3 L. . PROGRESS pR (' uRGVEI PIT I H GERMAN TWP I. ;Namo ��./^C/ 4 N PORTAGE TwP x '< r---1, `i :`; \� i• ? j 1 1 co �� i . Y _—__ I I� i 1 ,WRpU n i; vooaoE z OR o N W �� /s 3� MI Ic J... , 121 ,, .., 2/ KELLER Y. i 4.. ta._ 4ci. -... ., ill Rfli _•� � ` "# �I f -1 ill ! , ' _.�.,f 'l. r . III "� K N.. t --_.L___:.k. '. I 3e ii!MIAMI I T W -;:_. � 34 Wit__ I -, 1 t.;:i tic:, i '-';f; ' •.... — 1 r c D[ , r. . i - , - - ___A_____ I :11.1 Alb ... n 1 at 4 116111"— IVI baths, 'ill T:'.-..;,,r - . 4z gip . -----)Pk ...> = w�Nr . a, _•Li. rc i FO .....f✓1 t r • 'WE _ REZONING FROM "B" RESIDENTIAL, "A" HEIGHT AND AREA APC #1096-87 TO: "C" COMMERCIAL, "A" HEIGHT AND AREA PETITION AREA CITY ZONING NORTH lir "A" RESIDENTIAL L - i "B" RESIDENTIAL "C" COMMERCIAL