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Home My WebLink AboutZoning - Proeprty located at 2501 Mishawaka Ave ORDINANCE No. 7709-86 Passed by the Common Council of the City of South Bend, Indiana December 8, 19 86 Attest: '�`�- City Clerk IRENE K. GAMMON Attest: e /�... President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ December 9, �9 86 City Clerk IRENE K. GAMMON Approved and signed by me CFM.. t Ig Mayor ORDINANCE NO. Z 7 rj 4 i- AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2501 AISHAWAKA AVENUE 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, beand 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: Lots 107 to 109 of Berner Grove 1st Addition to South Bend, Indiana. be and the same is hereby established as "C" Commercial, "E" Height and Area. SECTION II. This ordinance shall be in 11.11 force and effect from and after its passage by the Common. Council, approval by the mayor, and legal publication. - ` s'ri er o the �:+"•rr . i Date Filed Application No. Date received by the Area Plan Commission I 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: 2501 Mishawaka Avenue South Bend, Indiana 46615 2) Name and address of property owner(s) of the petition site: John P. and Sonja K. Carrico 3025 Mishawaka Avenue South Bend, Indiana 46615 282-1620 3) Name and address of contingent purchaser(s) , if applicable: John Becker 2400 Miracle Lane Mishawaka, Indiana 46545 259-2580 4) It is desired and requested that this property be rezoned from "B" Residential, "A" Height & Area to "C" Commercial, "E" Height & Area 5) This rezoning is requested to allow the following use(s) : To build a retail store. 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 rust 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. Tune extensions on the submittal of the final site plan may be requested. Signature of Property Owner(s) • Pc2L - Carrico(LI ‘e-,. ja KS 'co PETITION PREPARED BY: Gaylen W. Allsop, Attorney for Petitioner EXHIBIT A. Lots 107 to 109 of Berner Grove 1st Addition to South Bend, Indiana. • GAYLEN W. ALLSOP Safe ate 202 SOUTH MICHIGAN 1410 ST.JOSEPH BANK BUILDING SOUTH BEND, INDIANA 46601 TELEPHONE (219) 234-1031 October 7, 1986 Column. Council City of South Bend County City Building South Bend, Indiana 46601 Re: ZONING AMENDMENT Dear Honorable Iers: Please find attached an Application and Petition to amend the South Bend zoning ordinance for property commonly referred to as 2501 Mishawaka. Avenue, South Bend, Indiana. This property is presently owned by John P. and Sonja K. Carrico. The proposed purchaser John Becker intends to build a retail store at this location. In order to do so it is necessary to rezone the property from "B" Residential, "A11 Height and Area to "C" Commercial, "E'1 Height and. Area. At one time the property was rezoned but because no one filed a final site plan within one year the zoning reverted to the present zoning. Also attached is a proposed ordinance, legal description of the property, list of names and addresses of all property owners within 300 feet of the petition, and site plans. I will be available at the hearing on behalf of my clients to answer any questions. Sincerely, t (A) 04, Gayl W. Allsop GWA. 0 Attachments Q nmmtttrr r nrt au the fhnmuwu fhloumil of tip CV of oath &tit of the Whole Your Committee to whom was referred BILL NO. 111-86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2501 MISHAWAKA AVENUE 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. Ann B. Puzzello Chairman FREE PRESS oeto PUBLISHING CO. • 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 November 19, 1986 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 John P. and Sonja K. Carrico to zone from "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 2501 Mishawaka Avenue, City of South Bend - APC #1052-86 Gentlemen: The above referenced ordinance and site development plan of John P. and Sonja K. Carrico was legally advertised November 7 and November 8, 1986. The Area Plan Commission gave it a public hearing on November 18, 1986, at which time the following action was taken: Upon a motion by John DeLee, being seconded by C. J. Witz, and unanimously carried, the proposed ordinance and site development plan of John P. and Sonja K. Carrico to zone from "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 2501 Mishawaka Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan 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: John P. and Sonja K. Carrio Gaylen W. Allsop Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT JOHN P. AND SONJA K. CARRICO #1052-86 November 7, 1986 2501 Mishawaka Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from , "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow the construction of a small retail center containing three stores. EXISTING LAND USE: The property is vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a single-family home zoned "A" Residential; to the east is a single-family home zoned "B". Residential; to the south across Mishawaka Avenue are various. businesses and a fire station zoned "C" Commercial; and to the west across 25th street is a branch bank zoned "C" Commercial. ACCESS: Access to the site will be from both Mishawaka Avenue and 25th Street. DRAINAGE: The drainage has not been addressed by the petitioners. DATA: The total site to be rezoned is 16,256 square feet. Of that, the buildings will occupy 3,500 square feet, or 22% of the site; the parking and drives will occupy 12,680 square feet, or 78% of the site. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: "1. Sanitary sewers and City Water are available to the site. 2. Site drainage must be shown. 3. The 30' curb cut on 25th should be eliminated. 4. If possible, move the 30' curb cut further east." The City Building Commissioner made the following comments: L "a. Off street parking is adequate, however stall size is not shown nor handicap spaces. b. No drainage is shown. The requirement is 30 gallons per 100 square feet of hard surfaces. c. The property just East of 2501 Mishawaka and across the alley is zoned "B" Residential. Proper screening as defined in Section 21-99(g) of the City Ordinance is not shown." STAFF COMMENTS: This site received preliminary zoning approval from the City Council in July of 1981 subject to a final site plan. It was zoned for a commercial printing operation. A final site plan was never submitted, and the zoning approval expired. • • • P ,/, I40° t• . V. r M l V.II. fNV_ avE PARK I I I eat f R] -----------Th"-- A 14 :; .,... ,a.isthawak t [ L ....reilmilu- or..-- -- t, ........,, 7: ____ i •Iw.' ; _ .4 oil I • 1 # ri • v.: § , x INDIANA ' "„" w -- —m l�,- Ro UNIVERSIT > > y SOB ENS- ' i z i '� CAMN3US H$i ; i z W CT. _ �., I Lam_ BL 0. y L. ( ; (PLEASANT ~ST. ,Ti t 4. NORTHSIDE '■ ACA • i p. N D BOULEVARD PARK / ,' SOOT 3 I z M r r ' ---••■=1111,A00° } a a � ,, . r `' a F R1VER _ I ; ,..t• _- t 1 PLAYLAND _! ry ® US PARK _ .- 'g 4 i /M/T PORT AGE / j.- 1 C 1 X17 .I J ---% ,. EAST, RAILROAD 11111111111 II L •---1 hi '� 111TH .._ �_ 1 I 1 1 1, S y_ II :. ui : N >~ W W D W 1111 L A um I I I OI' MIL�8URN , L . L_ LJ I 1 ' I I 1�BLV IG ( 1. I I I I ii I cT 15 DELAWARE I II I 1 _r_1 '• , I , $T H f W , ST REZONING FROM "B" RESIDENTIAL, "A" HEIGHT AND AREA TO "C" COMMERCIAL, "E" HEIGHT AND AREA FA 'b 2 0121 PETITION AREA nomom. NORTH "A" RESIDENTIAL "B" RESIDENTIAL - Z "C" COMMERCIAL 1"--1 a c9 J •