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Home My WebLink AboutZoning - Property Located at 3928 Lincolnway West Brentwood Shopping Center ORDINANCE No. 7519-85 Passed by the Common Council of the City of South Bend, Indiana September 23, 1985 Attest: ):h City Clerk IRENE K. GAMMON Attest: ; �� / . _ ._ ,! _� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 24, ig 85 City Clerk IRENE K. GAMMON Approved and signed by me —«/.`L2- J o. Ig �!- ��_' Mayor ORDINANCE NO. 7519-85 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3928 LINCOLN WAY WEST, COMMONLY KNOWN AS BRENTWOOD SHOPPING CENTER, 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 classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot lettered "A" as shown on the recorded Plat of Brentwood Estates, Second Addition, to the City of South Bend, Indiana be and the same is hereby established as "C" zoning classification and "D" height and area. SECTION 2. The Common Council approves said rezoning subject to a final site plan which: (a) Deletes the condition that there be no access to Elwood Avenue; (b) Deletes the condition of appropriate screening of the property on the south side from Sheridan Avenue east to the west end of the building; and (c) Requires appropriate screening around the outdoor trash bin area, and requires appropriate screening around the base of the incinerator, or removal of the incinerator. SECTION 3. 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. _ _ ember of the Co n ouncil 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: 3928 Lincoln Way West, South Bend, Indiana, and is known as Brentwood Shopping Center. 2. Name and address of all property owners: Brentwood Partnership c/o Landmark of Indiana, Inc. 1003 Hazlitt Building 120 W. LaSalle South Bend, Indiana 46601 3 . Name and address of contingent purchasers, if applicable: N/A 4. It is desired and requested that this property be rezoned from "C1" zoning classification, "A" height and area, to "C" zoning classification, "A" height and area. 5. This rezoning is requested to allow the following use: those commercial uses permitted under the "C" Commercial zoning classification 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. Brentwood Partnership b, e%t Jam- A. Masters I : 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: finmmtttu K pnr# Ohl ti'e atmmmin Qlountil of the ffitg of 'rnd fiend: Your Committee of the Whole to whom was referred BILL NO. 60-85 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3928 LINCOLN WAY WEST, COMMONLY KNOWN AS BRENTWOOD SHOPPING CENTER, 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 oPIEWND 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 August 21 , 1985 ,/ The Honorable Common Council City of Soutn Bend County-City Bldg. - 4th Floor South Bend, In 46601 RE: A proposed ordinance and site development plan of Brentwood Partnership to zone from "C-1" Commercial , "D" Height and Area to "C" Commercial , "D" Height and Area, property located at 3928 Lincoln Way West, City of South Bend Gentlemen: The above referenced ordinance and site development plan of Brentwood Partnership 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 Willie Morgan and unanimously carried, the proposed ordinance and site development plan of Brentwood Partnership to zone from "C-1" Commercial , "D" Height and Area to "C" Commercial , "D" Height and Area, property located at 3928 Lincoln Way West, City of South Bend is sent to the Common Council with a favorable recommendation subject to a Final Site Development Plan showing no access to Elwood Avenue, and appropriate screening of the property on the south side, from Sheridan Avenue west to the west end of the building 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 plan showing no access to Elwood Avenue, and appropriate screening of the property on the south side, from Sheridan Avenue east to the west end of the building. 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 . Johnson Executive Director RSJ/sr Attachment CC: Brentwood Partnership James A. Masters James P. Conboy, Jr. STAFF REPORT BRENTWOOD PARTNERSHIP #950-85 August 7, 1985 3928 Lincoinway West, South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C-1" Commercial, "D" Height and Area, to "C" Commercial, "D" Height and Area, to permit those uses allowed in the "C" Commercial classification. EXISTING LAND USE: The property contains a hardware store and a vacant grocery store. SURROUNDING LAND USE AND ZON!NQ: Located to the north across Lincoln Way West are two homes zoned "A" Residential and a lodge zoned "B" Residential ; to the east across Sheridan Avenue is a car rental agency zoned "C" Commercial ; to the south across Elwood Avenue are single-family homes zoned "A" Residential ; and to the west is a quick-mart zoned "C" Commercial and vacant land zoned "B" Residential. ACCESS: Access will be from Lincoln Way West, Sheridan Avenue, and Elwood Avenue. DRAINAGE: Drainage is being accommodated by drywells and storm sewers. DATA: The total site to be rezoned is 3.6 acres. Of that, the buildings will occupy 27,670 square feet, or 17.7% of the site; the parking and drives would occupy 93,310 square feet or 59.7% of the site; and 35,400 square feet or 22.6% of the site will be open space. SITE PLAN: ThG site plan is preliminary. AGENCY COMMENTS: The City Building Department noted that all parking and loading STAFF COMMENTS: The Staff would note that the petitioners have requested that their site plan be approved as a final site plan, and their petition approved as tendered.. . / . GRAVEL PIT iKAMIIO.4 l II�g OR _ TWP. _ �IGERMAN o r 7' ell " - .� .......RIAGE TWP i -I !1:1:j MAROUETTE I»: vOOROE I ��"t J at. $ I Y • 3 • KEILER a-t r ll f • W N----4 !f z •� H NI I �!( I Nl 8 f �/�� 'T 1 R ,' i I r l j i z cc r� �i �la t � ? I ' , I� .'1 0 i1t1 -III 2 t I^ LASALLf �1'1 I �i .. .. , i . E .u6.. SCt.000 < ►-t I , �t • Y'k „ ! • p i �. 1. t V gi,F i .' t! f i W. Y t + a . 1 w0010 WI ¢ ' 9.i'. f AVE ': 1 34 i ;� !, 3 ' 38 N. _...'_ '' �� — > _l _" 1 --r • �i � ' 3 N� al' w 1l 4 N. W) ii}� - CAL.iOVIV j L_-_: ___J i Qi , I — - °I _ +, ►l i Afk -fi ' L 7. 1 BRENT (%� i mi I' I. ...5 ,AVE D .T R i t ! i 7 JM 5.1E t_ — I- ! — OffWi l ; L I1IL W LWESTMORE /Si S1 l!"W. t W a . L_ '�— YO IL �:� x (Limier `� E 0 B BENC.x PARK i r = W ROGER (7.3.' t, CD REZONING FROM: 11C-II COMMERCIAL , "D" HEIGHT & AREA TO: "C" COMMERCIAL, "D" HEIGHT & AREA PETITION AREA -.f ', :: NORTH "A" RESIDENTIAL I • I "B" RESIDENTIAL ANIMMIOl "C" COMMERCIAL MINIMINI "C-1" COMMERCIAL MENEM "D" LIGHT INDUSTRIAL t