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HomeMy WebLinkAboutZoning - Property located at 2610 Prairie Ave ORDINANCE No. 7518-85 Passed by the Common Council of the City of South Bend, Indiana September 23, 1985 Attest: City Clerk IRENE K. GAMMON Attest • �•_ `_ •_ _ ident of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 24, 19 85 — --�' City Clerk IRENE K. GAMMON Approved and sired by me `k- 0,-- �9 //r7 Mayor BILL NO. 59-85 ORDINANCE NO. 7 5-1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE AVENUE, INDIANA IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. 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 cloassification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A lot or parcel of land beginning at a point 731.7 feet West and 1795 feet North of the/ Southeast corner of the Northwest Quarter of Section 22 , Township 37 North, Range 2 East, which point is on the South line of Prairie Avenue (State Road 23) ; thence South 225 feet; thence East 250 feet; thence North 135 feet; thence West 135 feet; thence North 175 feet to the Southerly line of Prairie Avenue; thence Southwesterly along said line, 143 feet, more or less to the place of beginning. be and the same is hereby established as "C" commercial , "E" height and area. Section 2 . 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. Agg 1 'r k ;S Mem:er of the Com, Council PETITION FOR AMENDMENT TO ZONING ORDINANCE Date Filed 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: 2610 Prairie Avenue, South Bend, Indiana, near the intersection of Meade and Prairie Avenue. 2. Name and address of all property owners: Bruno Cataldo and Rosa Cataldo 2610 Prairie Avenue South Bend, Indiana 46614 3. Name and address of contingent purchasers, if applicable: N/A 4. It is desired and requested that this property be rezoned from "A" zoning classification, "A" height and area, to "C" zoning classification, "A" height and area. 5. This rezoning is requested to allow the following use: family restaurant 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) a site plan; and (d) addressed, stamped envelopes of all property owners within 300 feet of the petition property. Bruno Cataldo Rosa Cataldo by Jame A. Masters he ' Attorney Petition Prepared By: James A. Masters Nemeth & Masters 511 National Bank Building 112 West Jefferson Blvd. South Bend, Indiana 46601 234-0121 Contact Person: James A. Masters Nemeth & Masters 511 National Bank Building 1 1 n T.1.- 1 T,- c.,r esin B 1[T r7 A lot or parcel of land beginning at a point 731. 7 feet West and 1795 feet North of the Southeast corner of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, which point is on the South line of Prairie Avenue (State Road 23) ; thence South 225 feet; thence East 250 feet; thence North 135 feet; thence West 135 feet; thence North 175 feet to the Southerly line of Prairie Avenue; thence Southwesterly along said line, 143 feet, more or less to the place of beginning. flrnmmt#tn Evart Ulu tilt Tumult' Tomtit of Up (1I1g of idly Era: Your Committee of the Whole to whom was referred BILL NO. 59-85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2610 PRAIRIE 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, as amended: by substitution of a new bill. Joseph T. Serge Chairman FREE PRESS 04190 PUBLISHING CO. COMMISSION AREA PLAN RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 August 21 , 1985 5451 The Honorable Common Council City of Sourn Bend County-City Bldg. - 4th Floor South Bend, In 46601 RE: A proposed ordinance and site development plan of Bruno and Rosa Cataldo to zone from "A" Residential, "A" Height and Area to "C" Commercial , "E" Height and Area, property located at 2610 Prairie Avenue, City of South Bend Gentlemen: The above referenced ordinance and site development plan of Bruno and Rosa Cataldo was legally advertised August 9 and August 10, 1985. The Area Plan Commission gave it a public hearing on August 20, 1985, at which time the following action was taken: Upon a motion by Joseph Serge, being seconded by Joseph Zappia and unanimously carried, the proposed ordinance ana sire development plan of Bruno and Rosa Cataldo to zone from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 2610 Prairie Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan showing the completion, within six months from approval by the Common Council , of the following six items stated in the City Engineer's report: 1 . Water and sanitary sewer available to the site 2. Entrance and exit curb cut. 3. Curbing in front of building to prevent parking. 4. State Highway permit for curb cut. 5. Parking as per ordinance. 6. Lot must be paved. 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. The above recommendation is made subject to a Final Site Development Plan showing the completion within six months months from approval by the Common Council, of the following six items stated in the City Engineer's report: 1 . Water and sanitary sewer available to the site 2. Entrance and exit curb cut. 3. Curbing in front of building to prevent parking. 4. State Highway permit for curb cut. 5. Parking as per ordinance. 6. Lot must be paved. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN August 21 , 1985 The Honorable Common Council City of South Bend 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 Executive Director RSJ/sr Attachment CC: Bruno Cataldo and Rosa Cataldo James A. Masters STAFF REPORT BRUNO AND ROSA CATALDO #951-85 August 7, 1985 2610 Prairie Avenue, South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial , "E" Height and Area to allow for the continued use of a restaurant witn a second floor apartment. EXISTING LAND USE: The property contains a restaurant and an apartment on the second floor. SURROUNDING LAND USE AND ZONINQ: Located to the north across State Road 23 are single-family homes zoned "A" Residential ; to the east is a single-family home zoned "A" Residential ; and to the south and west is vacant land zoned "A" Residential . ACCESS: Access to the site is from Prairie Avenue. DRAINAGE: A retention pond will be built for storm water drainage. DATA: The total site to be rezoned is 41,000 square feet. Of that, the buildings will occupy 7,000 square feet, or 17% of the site, and 34,000 square feet or 83% of the site will be parking and drives. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: ' "1 . Water and sanitary sewer (are) available to (the) site. 2. Entrance and exit curb cut. 3. Curbing in front of building to prevent parking. Dangerous to have cars backing out onto S.R. 23. 4. Need State Highway permit for curb cut. 5. Parking as per ordinance. 6. Lot must be paved." ...,_ sit i[ -. ,_I 4C TUCK R----- --'.• ST c. ,_ . e •.. I i 1 I I 1 PEW CENTRAL RA,_ROAD s . . 1 I — 1 e ,, t .- . ; - • o —� I I1 I N i >o,............1;:t j I r I, L� � -- --tFr; ;-� ; 1 .-I 1 01 H1 .I I I I wh 1 II _ Z .i,P 1N fl1 Li I , m 1 I 1 1 i'LH I v �: I . J _ ST g' i T $ - - l� a — -1 , - - _ 1 - r. 01 ■ I K'. , 1) 2S v) 3 WI Pt I zr- , v . t C/ �I ; eat_ ' if-,-,::-..,''741.14,.‘,' ILL S 1 Oti .i [ J .---:".-,-, 1 i , i; a A EWING c� is _._1 1_. 4i „or •-_, 'i-1,-_ S t,--- '- -;.-- i -2-21[2-7,. rimmtwo S $�' $ 6 RIM VILLAGE PARK ST Cr a / i.• .- ,, ii A • l 10 i D cr H 1c . - A 0 - r----6....- _I , ..- . . /,, ' i r� i. „ .„,„ E ,1 . e•,..\\ 7 REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "C" COMMERCIAL, "E" HEIGHT AND AREA PETITION AREA MEM NORTI.1 CITY ZONING COUNTY ZONING "A" RESIDENTIAL t . 1 "A" AGRICULTURE. ' • "B" RESIDENTIAL "C" COMMERCIAL "D" LIGHT INDUSTRIAL t •