HomeMy WebLinkAboutZoning Ordinance - South of Lincoln Way West and East of Sheridan AveORDINANCE No 7423 -85
Passed by the Common Council of the City of South Bend, Indiana
January 28,
19 85
Attest: 4'x—A" City Clerk
IRENE K. GAMMON
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
January 29,
Approved and signed by
of Common Council
85
rg
IRENE K. GAMMON
19 �5
Clerk
ORDINANCE NO. 7423 -85
AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED,
COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE).
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:
A parcel of land located in the South West Quarter of the
South East Quarter of Section #33, Township 38 North Range 2
East, and the North West Quarter of the North East Quarter
of Section #4, Township 37 North, Range 2 east, bounded by a
line running as follows;
Beginning at the intersection of the South right -of -way line
of Lincoln Way West (U.S. 20) and the East right -of -way line
of Sheridan Avenue, said point being 35.00 feet East and
73.90 feet, more or less, North from the Quarter Section
corner of the North line of said Section #4; thence South
parallel with and 35.00 feet East of the North /South
Centerline of Sections 33 and 4, a distance of 298.69 feet
to a point of curve; thence Southeasterly along a curve to
the left having a radius of 339.73 feet and an arc distance
of 90.13 feet; thence Southeasterly on a tangent to the
aforesaid curve a distance of 113.58 feet to a point of
curve; thence Southeasterly along a curve to the right
having a radius of 410.57 feet and an arc distance of 19.58
feet to a point; thence East a distance of 94.40 feet;
thence North a distance of 458.10 feet to the South
right -of -way line of Lincoln Way West; thence, Northwesterly
along said right -of -way line of Lincoln Way West a distance
of 150.44 feet to the place of beginning.
be and the same is hereby established as (C) Commercial A Height
and Area.
Section 2. Said rezoning is subject to the southern most
one hundred and twenty -five (125) feet of the proposed rezoning
being maintained by the petitioner in its present undeveloped
state, and subject further to final site plan approval.
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.
Date Filed Application No.
Date Received by the Area Plan Commission
PETITION TO REZONE
I, the undersigned, make application and petition to the
Common Council of the City of South Bend, to amend the zoning
ordinance as herein requested.
(1) The property sought to be rezoned is located at:
The Southeast corner of Sheridan and Lincoln Way West
(2) Name and address of all property owners:
Paul Nowak
9 Moraine Pt.
Minot, North Dakoka 58701
Robert Nowak
992 Shetland Avenue
Winter Springs, Florida 32708
(3) Name and address of contingent purchaser:
William Hindsley
53385 Wallace Drive
South Bend, Indiana 46635
(219) 287 2333
(4) It is desired and requested that this property be rezoned
from (B) Residential, A Height and Area, to (C) Commercial,
A Height and Area.
(5) This rezoning is requested to allow the following use:
For the purpose of the operation of an automobile rental
agency to be known as Budget Rent -A -Car
(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.
q Antho Zap a
Attorney for Property Owners
and Contingent Purchaser
52582 U.S. 31 North
South Bend, Indiana 46637
Telephone: 219- 277 -8720
LEGAL DESCRIPTION
A parcel of land located in the South West Quarter of the
South East Quarter of Section #33, Township 38 North,
Range 2 East, and the North West Quarter of the North
East Quarter of Section #4, Township 37 North, Range #2
East, bounded by a line running as follows, viz:
Beginning on the South side of Lincoln Highway West
to the South East Quarter of Section #33, Township 38
North, Range #2 East,'at:a point 20 feet East and 80
feet North from the Quarter Section corner in the North
line of Section 04, Township 37 North, Range 2 East,
running thence South parallel with and 20 feet East
from the North and South Quarter Section line of said
Sections #33 and A, a distance of 523.2 feet, thence
East 155.2 feet, thence North 4592 feet to the South
line of said Lincoln Highway West, thence North westerly
along the South line of said Lincoln Highway West, a
distance of 167.1 feet to the place of beginning and
being known as Lot #6 in a proposed Plat of Rockstrohs
Survey, now within and a part of the City of South Bend.
(Inmtttturr
coo tot Townwn Tounrit of t4r (ang of Oou#4 jorna:
Your Committee of the Whole
to whom was referred
131 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED,
COMMONLY KNOWN AS THE.ZONING ORDINANCE OF THE CITY OF
SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE)
(SOUTHEAST CORNER OF SHERIDAN AND LINCOLN WAY WEST.)
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 PUBLISHING CO.
9 AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
December 19, 1984
The Honorable Common Council
City of South Bend
County -City Bldg. - 4th Floor'
South Bend, In 46601
South` Bend, Indiana 46601
13 (.0wy
RICHARD S. JOHNSON
Executive Director
(219) 284 -9571
Re: A proposed ordinance and site development plan of Paul and Robert Nowak
to zone from "B" Residential, "A" Height and Area to "C" Commercial, "A"
Height and Area, property located at the southeast corner of Sheridan
Avenue and Lincoln Way West, City of South Bend
Gentlemen:
The above referenced ordinance and site development plan of Paul and Robert
Nowak was legally advertised December 7 and December 8, 1984. The Area Plan
Commission gave it a public hearing on December 18, 1984, 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 Paul and Robert Nowak to
zone from "B" Residential, "A" Height and Area to "C"
Commercial, "A" Height and Area, property located at
the southeast corner of Sheridan Avenue and Lincoln
Way West, City of South Bend is sent to the Common
Council with an unfavorable recommendation. Even
though this lot fronts on heavily traveled Lincoln Way
West and has a 11C111 Commercial District along a
portion of its western side, the southern end of the
site intrudes Into a Residential District. There are
several houses that face the south portion of the site.
It is the Commission's opinion that this lot should be
developed to a less intensive use with the southern
portion of the lot remaining for residential uses.
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.
If the Council should rezone this site, it shall have to be subject to the
submission of a final site plan.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
December 19, 1984
The Honorable Common Council
Page 2
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: Paul Nowak
Robert Nowak
Anthony M. Zappia
William Hindsley
PAUL AND ROBERT NOWAK #917 -84 December 5, 1984
Southeast corner Lincoln Way West and Sheridan Ave.
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 allow for the
establishment of an automobile rental agency.
EXISTING LAND USE: The property Is vacant.
SURROUNDING LAND USE AND ZONING: Located to the north across Lincoln Way West
is a single - family home zoned "All
Residential, to the east is a single - family
home zoned "B" Residential, to the south is
a single- family home zoned "A" Residential;
and to the west across Sheridan Avenue are
single - family homes zoned "A" Residential
and a shopping center zoned "C -1" Commercial.
ACCESS: Access to the site is from both Lincoln Way
West and Sheridan Avenue.
DRAINAGE: Storm water drainage will be handled by nine
1,800 gallon drywelis.
D A: The total site to be rezoned is 71,339
square feet. Of that, the building will
occupy 3,200 square feet or 5% of the site,
the parking and drives will occupy 51,080
square feet or 71� of the site, and 27,059
square feet or 24% of the site will be open
space.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer made the following
comments:
"1. Sanitary sewer is available to the
site.
2. Must show directional flow of water
into drywelis.
3. Need to show handicap parking
spaces.
4. Need Indiana Department of Highway
approval for curb cut on Lincoln Way
West. We recommend to eliminate
this cut.
5. Sheridan curb cut Is approved ".
December 11, 1984
,STAFF COMMENTS: The Staff would note that since the petitioner
has more than four parking spaces within 50 feet
of a residential district, those spaces must be
screened according to the provisions of the South
Bend Zoning Ordinance.
2
REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT & AREA
TO: "C" COMMERCIAL, "A" HEIGHT & AREA
PETITION AREA NORTH
"A" RESIDENTIAL
"B" RESIDENTIAL
"C" COMMERCIAL
"C -1" COMtr1ERCIAL
"D" LIGHT INDUSTRIAL
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