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Home My WebLink AboutBill No. 134-21 Amending the Zoning Ordinance for Property Located at 2701 Lincolnway WestPLAN Co City of South Bend J 0 7k z PLAN COMMISSION F�ABLISHE02��'O' 11.16.21 Honorable Committee Chair Hamann 4th Floor, County -City Building South Bend, IN 46601 RE: 2701 Lincoln Way West PC#0078-21 Dear Committee Chair Hamann: County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Nov 6�� C/7-y 15—A 1 � v� Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Also included is the application submitted by the petitioner. Please include the attached Ordinance on the Council agenda for first reading at your November 22nd, 2021 Council meeting, and set it for public hearing at your January 13th, 2021 Council meeting. The petition is tentatively scheduled for public hearing at the December 20th, 2021 South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Construction of a gas station, deli, and convenience store. If you have any questions, please feel free to contact our office. Sincerely, Joseph Molnar Zoning Specialist CC: Bob Palmer Tim Corcoran Angela Smith Daniel Brewer Planning Director Zoning Administrator Commission President COMMISSION Property Information 71-08-03-176-012.000-026; 71-08-03-176-013.000-026; 71-08-03-176-011.000-026; 71-08-03-176-010.000-026; Tax Key Number: 71-08-03-176-009.000-026 Address: 2701 LINCOLNWAY WEST, SOUTH BEND, IN 46628 Owner: Himmat Singh LLC, an Indiana limited liability company Legal Description: Lots Numbered One (1) through Four (4) as shown on the recorded Plat of Lincoln Terrace Addition to the City of South Bend, recorded in Plat Book 11, page 122 and corrected by Plat Book 13, page 82, together with the Southern 1/2 of the vacated alley lying North of and adjacent to said Lot Numbered Four (4), recorded in Miscellaneous Record 31, page 362, all in the Office of the Recorder of Saint Joseph County, Indiana. Project Summary To build a gas station, deli, & convenience store at the corner of Lincolnway W. and Kaley St.; a project that was previously allowed by right and permitted but delayed due to the Covid-19 pandemic. Subsequently, the city changed the site's zone from C to OF per the Westside Main St. Comp. Plan. Requested Action Application includes (check all that apply) R Rezoning Current District: U1 Urban Neighborhood 1 C Commercial Proposed District OF Urban Flex C Commercial The Plan Commission and Council will consider the following in the review of a rezoning petition. (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district, (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents H Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact• • Property owner(s) of the petition site: Name: Himmat Singh LLC, an Indiana limited liability company Address: 1119 N. Bendix Dr., South Bend, IN 46628 Attn: Sukhwinder Singh, Member Name: Address: Name: Address: Contact Person: Name: George C. Lepeniotis Address: 4101 Edison Lakes Parkway, Suite 100, Mishawaka, IN 46545 Phone Number: 574-277-1200 E-mail: glepeniotis@kdlegal.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: I 4A, �., , &,� c; ii:: I f a ., w ..CC"-� g fu js+4 @ ` gin pAl, � pip "pie pp€ Icy 3QpR.� g �L,F2 s%2�ii� m NOV 6 CLbHK, SOU ( rt `iE D, IN .A N WK E*.fET Y J ECUPSE PLACE 60' R!W Ra m w /UI OMY ik— S 133tl1S A3'MN � .8g Tp i-4 w 0 ILI .0 2 4 R o u z fly) HO Q� LT A d.09 30VId 3SdII03 Ar so :11 ago ROD 111:11=1 loo unalmou Oz L-) 1 .1 , — ZZ mc o Rig CL MH z 0 Ri RI wilij -,2q fl 11,11 H '154 No BILL NO. 134-21 NOV ', 6 2i ORDINANCE NO. ,- l IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2701 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO.2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Construction of a gas station, deli, and convenience store. Petitioners desire to rezone the property from U1 URBAN NEIGHBORHOOD 1 DISTRICT TO C COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same 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: Lots Numbered One (1) through Four (4) as shown on the recorded Plat of Lincoln Terrace Addition to the City of South Bend, recorded in Plat Book 11, page 122 and corrected by Plat Book 13, page 82, together with the Southern % of the vacated alley lying North of and adjacent to said Lot Numbered Four (4), recorded in Miscellaneous Record 31, page 362, all in the Office of the Recorder of Saint Joseph County, Indiana. be and the same is herby established as C COMMERCIAL DISTRICT SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Karen White, Council President South Bend Common Council Attest: Dawn M. Jones, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2021, at o'clock . M. .m. Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2021, at o'clock James Mueller, Mayor City of South Bend, Indiana -2-