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HomeMy WebLinkAboutAmending Zoning - Northwest Corner of Oak and Chapin StreetsORDINANCE N0.6661 -79 Passed by the Common Council of the City of South Bend, Indiana_ Attest: October 22 19 79 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Ind'ana October 23 ro 79 Clerk Of Common Council City Clerk IRENE K. GAMMON Approved and signed by me S Al 3) �9�� Northwest Corner of Oak and Chapin Streets, South Bend, Indiana ORDINANCE 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 ordej that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot Numbered Ten (10) as shown on the recorded Plat of Kunstman's Addition to the City of South Bend, recorded in Plat Book 2, page 28, in the Office of the Recorder of St. Joseph County, Indiana. Also, The unused portions of Lots Numbered 11 and 12 as shown on the recorded plat of Kuntsman's lst Addi- tion to the Town, now City of South Bend described as follows: Beginning at the northwesterly corner of Lot Numbered 11, thence easterly along the northerly line of Lots Numbered 11 and 12 to the intersection of said line with the chain link fence running along the westerly right of way line of Innerbelt (Chapin), thence southerly along the westerly right of way line of Innerbelt (Chapin) and the above mentioned fence to a point of intersection with the westerly line of Lot Numbered 11, thence northerly along the westerly line of Lot Numbered 11 to the point 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. Memberoof the Common Council 1st READING w. PUBLIC HEARING AO.1, & 1W 2nd READING /d 4-A- ' _V9 NOT APPROVED REFERRED fps ( 0vast. 9+.o PASSED Al - o?Q ?I? Date Filed Application Number Date Area Plan Commission Received We the undersigned make application and petition the South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at the Northwest corner of Oak and Chapin Streets. Lot #10 of Kunstman's First Addition which address is 709 Oak, and unused portions of Lots #11 and #12 which have no address. 2) Name of property owners: Lot #10 ( Kunstman's First Addition) Louie's Tux Shop, Inc. 716 Lincolnway West South Bend,In. 46616 Phone 233 -5955 and The unused portions of Lots #11 and #12 ( Kunstman's First Addition) John C. Weiss and Edward E. Weiss, Tenants in common 1226 Victory Ave. South Bend, In. 46615 Phone 233 -3036 3) It is desired and requested that this property be rezoned from B Residential, B height and area to C Commercial, E height and area. 4) This rezoning is requested so as to allow additional parking for Slidecraft Laboratories, Inc. at 702 Lincolnway West and Louie's Tux Shop, Inc. at 716 Lincolnway West. Also, a storage building for Louie's Tux Shop. 5) 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) self - addressed, stamped envelopes of all property owners within 300 feet of the petition property. Edward E. Weiss Signature of Petitioner 1226 Victory Avenue South Bend, Indiana 46615 Address Owner Interest in Property Ronald A. Gerencher Petition Prepared by Louie's Tux Shop, Inc. Donald L. Buczynski, Pres. Signature of Peti i er 716 Lincolnway West South Bend, Indiana 46616 Address Owner Interest in Property 01�7� Date a) Legal Description of the Property Lot Numbered Ten (10) as shown on the recorded Plat of Kunstman's Addition to the City of South Bend, recorded in Plat Book 2, page 28, in the Office of the Recorder of St. Joseph County, Indiana. Also, The unused portions of Lots Numbered 11 and 12 as shown on the recorded plat of Kuntsman'.s 1st Addition to the Town, now City of South Bend described as follows: Beginning at the northwesterly corner of Lot Numbered 11, thence easterly along the northerly line of Lots Numbered 11 and 12 to the inter- section of said line with the chain link fence running along the westerly right of way line of Innerbelt (Chapin), thence southerly along the westerly right of way line of Innerbelt (Chapin) and the above mentioned fence to a point of intersection with the westerly line of Lot Numbered 11, thence northerly along the westerly line of Lot numbered 11 to the point of beginning. Gala #lie (11MMn Tamil of #11e OtH of 601# gent: Your Committee OF THE WHOLE to whom was referred 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) (NORTHWEST CORNER OF OAK AND CHAPIN STREETS.) Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. FRANK HORVATH Chairman FREE PRESS PUBLISHING CO. 9 AREqPLAN CO MMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building South Bend, Indiana 46601 October 17, 1979 The Honorable Common Council City of South Bend, County -City Building -4th Floor South Bend, IN 46601 RICHARD S. JOHNSON Executive Director (219) 284 -9571 RE: A proposed ordinance and site development plan of Louie's Tux Shop, Inc., to zone from "B" Residential, "B" Height and Area to "C" Commercial, "E" Height and Area, property located on the northwest corner of Oak and Chapin Streets, City of South Bend. Gentlemen: The attached rezoning petition of Louie's Tux Shop was legally advertised on October 6, 1979. The Area Plan Commission gave it a public hearing on October 16, 1979, at which time the following action was taken: Upon a motion by Joseph Serge, seconded by John DeLee, and unanimously carried, the proposed ordinance and site development plan of Louie's Tux Shop, Inc., is sent to the Common Council with a favorable recommendation subject to a final site plan reflecting the City Engineer's comments. The above recommendation is made subject to a final site plan, and the preliminary site plan is attached hereto. 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. Johns. Executive Director Attachment CC: Edward Weiss and Louie's Tux Shop Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN STAFF REPORT October 5, 1979 LOUIE'S TUX SHOP #671 -79 REQUESTED ACTION: Rezoning from "B" Residential, "B" Height and Area, to 11 11 11 If PURPOSE: EXISTING LAND USE AND ZONING: SURROUNDING LAND USE C Commercial, E Height and Area. To allow additional parking for Slidecraft Laboratories, Inc. at 702 Lincolnway West, and Louie's Tux Shop, Inc. at 716 Lincolnway West. Also, a storage building for Louie's Tux Shop. Parking area and vacant - "B" Residential, "B" Height and Area. AND ZONING: NORTH: Louie's Tux Shop & Slidecraft Laboratories. EAST Parking and vacant house, "C" Commercial, "E" Height and Area and "B" Residential, "B" Height and Area. SOUTH: Vacant lot and single family "B" Residential, "B" Height and Area. WEST: Single family house, "B" Residential, "B" Height and Area. APPLICABLE REGULATIONS: One parking space per 200 square feet of floor area plus one per every two employees. Twenty -eight are indicated. ACCESS: From east /west alley west of Chapin Street, between Lincolnway West and Oak Street. DATA: Total area - 15,528 square feet Proposed bldg. - 2,800 square feet (18 %) Parking - 12,728 square feet (82 %) SITE PLAN: Preliminary AGENCY COMMENTS: On October 9, 1979, the City Engineer had these comments: "l. City water and city sanitary sewers are available to this site. 2. Storm water will have to be retained on the site via dry wells. 3. The existing driveway shown on Oak Street is to be removed and the curb reinstalled. 4. Any and all unpaved parking areas shall be properly paved and drained per City Ordinances. 5. Entrance to the alley from the affected lots shall be controlled by the property owners.. 6. If at all possible, it is requested that a five foot minimum setback be established along Chapin Street for the purposes of establishing reasonable site distances."