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HomeMy WebLinkAboutZoning - a part of the Northeast corner of Sample and Mayflower RdORDINANCE No. 6148-77 Passed by the Common Council of the City of South Bend, Indiana May 23 r9 77 Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 24 rg 7 7 Clerk IRENE K. GAMMON Approved and signed by me �'i7C f 19 A Part of the North Fa. t Corner of Sample and Mayflower Road, ORDINANCE N0, AN ORDINANCE AMFNDING ORDINANCE NO. 4990 -69 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 s� co`mmonly known as the Zoning Orainance or the City of South trend, Indiana, be and the same hereby is amended in order that the zoning classification of the i'ollowing described r•eai estate in the City of South Bend, St Joseph County, State of Indiana: A part of Area 1 as shown on the recorded replat of Belleville Unit "D" an Addition to the City of South Bend, Indiana, more particularly described as follows: Beginning at the Northwest corner of said Area 1; thence Fast along the North line of said Area 1, 428,23 feet to the Northeast corner of said Area 1; thence South along the Fast line of said Area 1, 146,12 feet; thence West parallel with the South line of said Area 1, 125.00 feet; thence South parallel with the Fast line of Area 1, 200,00 feet to the South line of said Area 1; thence West along the South line of said Area 1, 102,34 feet; thence North parallel with the West line of said Area 1, 163,43 feet; thence West parallel with the South line of said Area 1, 200.00 feet to the West line of said Area 1; thence North along said West line of Area 1, 181.63 feet to the place of beginning. be and the same is hereby established as "C" Commercial use and "A" height and area district. SFCTION 2. This Ordinance shall be in full force and effect from and - --weer its passage b4 the Common Council, approval by the Mayor and legal publication, er 01. the common ounc and F,!L €D IN CLEW S OFFICE Ist !`7A-DjiNG J --7 7 r` 1 , 3 1977 S- .2 .3 -- 7? Irene Gammon R" =r r.L (�- �1.�.. -t�- -� °�- `� --"� -y CITX CLERK, SOUTH BENDS IND. PASSED 8/5/74 PETITION TO AMEND ZONING ORDINANCE FOR OFFICIAL USE ONLY Application No. Date Filed with City Clerk or County Auditor Date Received by the Area Plan Commission NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR PRINTED IN INK. READ THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF FORM. I (We), the undersigned, do hereby respectfully make application and petition the Common Council of South Bend to amend the Zoning Ordinance of City of South Bend, n Tana' as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoried is-located at being a part of the Northeast Cm ner of Mayflower and Sample. 2. The property is owned by St Joseph Polish Roman Catholic Cemetery Association 3. A legal description of the property is as follows: A part of Area 1 as shown on the Recorded replat of Belleville Unit "D" an Addition to the City of South Bend, Indiana, Mm e particularly described as follows; Beginning at the Northwest corner of said Area 1; thence East along the North line of said Area 1, 428,23 feet to tthe Northeast corner of said Area 1 thence South along the East line of said Area 1, 116.12 feet; thence West parallel with the South line of said Area 1, 125.0b feet; thence South parallel with the East line of said Area 1, 200.00 feet to the South line of said Area 1; thence West along the South line of said Area 1, 102.31 feet; thende North parallel with the West line of said Area 1, 163.48 feet; thence West parallel with the South line of said Area 1, 200.00 feet to the West line of said Area 1; thence North along said West line of Area 1, 181.63 feet to the place of beginning. (CONTINUE ON THE REVERSE SIDE, IF NECESSARY) 8/5/74 4. It is desired and requested that the foregoing property be rezoned From "C -1" Commercial Use and "D" Height and Area District To "C" Commercial Use and "Alt Height and Area District 5. It is proposed that the property will be put to the following use and the following building (s) will be constructed (include number of dwelling units if residential) The construction of a new building to house Funeral Home facilities and office. 6.. Number of off - street parking spaces to be provided. 105 spaces. 7. Attached is a copy of (a) an existing plot plan showing ray property and other surrounding properties; (b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned;. and (c) site development plan. Signat_,re of Petitioner s) 1233 Western Ave.,- South Bend, In 46625 LANG, FEENEY & ASSOCIATES Address 311 First Bank Building South Bend, Indiana Phone: 233 -1841 Petition Prepared By 9 3' 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 April 20, 1977 The Honorable Common Council City of South Bend County -City Building South Bend, IN '46601 In Re; A proposed ordinance and Bite development plan of Anthony Petrowsky for St.- Joseph Funeral Home, - to zone from "A" Residential, "A" Height and Areal and "C -1" Commercial, "D" Height and Area, to "C" Commercial, "A" Height and Area, property located at the northeast corner of Mayflower and Sample, City of South Bend Gentlemen: The attached rezoning petition of Anthony Petrowsky was legally advertised April 9, 1977. The Area Plan Commission gave it a public hearing on April 19, 1977 at which time the following action was taken: "Upon a motion by Joseph Serge, being seconded by Russell Rothermel and unanimously carried, the petition, as amended, of Anthony Petrowsky, for St. Joseph Runeral Home, to zone from "A" Residential, "A" Height and Area, and "C -1" Commercial, "D" Height and Area, to "C" Commercial, "A" Height and Area, property located at the northeast corner of Mayflower and Sample, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to the approval of a final site plan." 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 are shown in the minutes and will be forwarded to you as soon as possible. Attached also is a copy of the Area Plan Commission Staff Report. Very truly ours, Richard S. Johnson, Executive Director RSJ /cm cc: Anthony Petrowsky Lang- Feeney & Associates, Inc. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, /N STAFF REPORT ST. JOSEPH FUNERAL HOME (ANTHONY PETROWSY.Y) - #523 -77 LOCATION - this site is located on the East side of Mayflower Road (State Road #123) and is approximately 165 feet North of Sample Street. EXISTING ZONING OF THE SURROUNDING PROPERTY - the property to the South and West of the site is zoned "C" Commercial and the property to the East and North is zoned "A" Residential. EXISTING LAND USE OF THE SURROUNDING PROPERTY - the property to the North of the site is currently being used for single family houses, the property to the Fast is being used for single family houses and a cleaning center. The property to the South is being used for a gas station and a church and the property to the West for a mobile home park, single family houses and a small shopping center. SITE PLAN the site plan proposes the construction of a single story building to be used for a funeral home. No other land uses are shown except for the required parking spaces. ACCESS - access to the site woald be from two points, one on Sample Street and one on Mayflower Road. The Curb Cut Committee has reviewed the access plan and approved it subject to State Highway and City Engineer's approval. These approvals must be final prior to the construction being started. DRAINAGE - the site plan indicates that the storm water run off will be retained on the site in dry wells. This plan has been reviewed by the City Engineer's office and appears to meet current standards. PARKING - insufficient data has been provided to determine if the required number of parking spaces have been provided. This must be provided prior to final site plan approval. TABULATED DATA - no tabulated data has been provided, this also must be shown prior to final site plan approval. PRELIMINARY SITE PLAN - the site plan as submitted does not have sufficient data to be considered a final, therefore, any recommendation by the Area Plan Commission to the City Council must be subject to a final site plan. AGENCY COMMENTS - Mr. Patrick McMahon, Director, Department of Public Works, has reviewed this site plan and made the following comments: 1. Storm and sanitary sewers and City water are available to this site. ST. JOSEPH FUNERAL HOME (ANTHONY PETROWSKY) - #523 - 77 (continued) 2. The curb -cut on Mayflower Road must be approved by the Area Plan Commission Review Committee and the Indiana State Highway Commission. 3. The curb -cut on Sample Street must be approved by the South Bend Bureau of Traffic and Lighting. 4. South Bend City Standards call for a minimum sidewalk of 5 feet, and not 4 feet as shown on the drawing fur- nished this office. 5. Parking requirements for facilities such as this struc- ture are based on the total square footage of service or display room area. Insufficient information is listed on the drawing to determine whether or not the 105 spaces shown are adequate per City Ordinance. This office concurs with the installation of these facilities, providing that the above conditions are met. STAFF COMMENTS - this area is currently zoned "C -1" Commercial in the City of South Bend, and the zoning change has been requested because the proposed use is not permitted under this zoning classification. This area has been designated as Residential Low Density on the Land Use and Transportation Plan. - 2 - TomndUrr Airport XV 14t Tommon (fonnril of #!fit tit# of 0OW4 jorub: 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) (Part of the northeast corner of Sample and Mayflower Rd) . Respectfully report that they have examined the matter and that in their opinion this bill be recommended to the Council favorable. Frank Horvath Chairman FREE PRESS AEMPO PUBLISHING CO.