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HomeMy WebLinkAboutAmending Ordinance 4990-68 Zoning Souteast Corner of Thomas & Walnut StreetsORDINANCE No. 5896 -75 Passed by the Common Council of the City of South Bend, OCTOBER 6, 19 75 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana OCTOBER 7, to 75 Approved and signed by me (0,�e��ni Clerk of Common Council IRENE K. GAMMON 'W40" Southeast corner of Thomas and Walnut Streets ORDINANCE NO. 6-9'17646- AN ORDINANCE AMENDING ORDINANCE N0. 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: Lot 48 Commissioner's Sub of BOL 85 & 86 be and the same is hereby established as "C" Commercial use and "E" Height and Area District. 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. 1st READING PUBLIC HEARING 2nd READING NOT APPROVED REFERRED tL PASSED If- /i- *7 s /0 -6 -75 /O -6 -7S pae5� -'j; rtlalev MembeFr of the Common Coun it FILED IN CLERK'S OFFICE ,!.t ;i. 3 11975 Irene Gammon CITY CLERK, SOUTH BEND, IND. (Immttliirr Irport tXo toe (douWw" (Qoumil of thr (Litg of $out# wrtuk Your Committee Of the Whole to whom was referred 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) — southwest corner of Thomas and Walnut Streets. Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Common Council. Odell Newburn Chairman Fp.. ..... v ..9.1..1X6 <O. A CITY OF SOUTH BEND PETITION TO AMEND ZONING ORDINANCE Date filed with City Clerk (3/ Application No. Date received by the Area Plan Commission q U a1 '� -75 I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: ' 1. The property sought to be rezoned is located at: Southeast corner of Thomas and Walnut Streets 2. The property is owned by: Richard L. Kennedy 3. A legal description of the property is as follows: Lot 48 Commissioner's Sub of BOL 85 & 86 4. It is desired and requested that the foregoing property be rezoned: FROM "A" Residential USE AND "A" HEIGHT AND. AREA DISTRICT TO I "C" Commercial USE AND "E" 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 to conduct an electrical contracting and repair business. 6. Number of off - street parking spaces to be provided: Four (4) Parking Spaces. 7. Attached is (a) an original ordinance and 25 copies; (b) an original petition and 20 copies; (c) a $10.00 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. r kignattiref /Pet (s) Address Petition Prepared By: FILED_` IN CHRVS VRCE -- _ ,1111 311975 Irene Gammon Cgy CUBK. sDUTN BEND. IND. PURCHASE AGREEMENT THIS AGREEMENT entered into this Y61'-day of , 1975, by and between Mr. Richard L. Kennedy, hereinafter referred to as Buyer, and the Civil City of South Bend, a municipal corpora- tion of the State of Indiana, hereinafter referred to as City. WITNESSETH: WHEREAS, the City acting through its Board of Public Works legally advertised notice of sale of hereinafter described real estate on June 6, 1975, and June 13, 1975; and WHEREAS, the bid of Buyer was in accordance with the provi- sions of the Municipal Code of the City of South Bend, Chapter 30A, which establishes procedures for the disposition of real property owned by the City; and WHEREAS, said bid was made with the proposed use to be that of conducting an electrical construction and repair business; and WHEREAS, bid offer, and acceptance were made in view of the proposed commercial purpose, which property is not now so zoned;, and WHEREAS, Buyer desires to pursue all necessary action for said ,rezoning; and WHEREAS, the bid of Buyer in the amount of $8,310.00, was accepted as the highest and best bid for said property. NOW, THEREFORE, it is agreed by and between the parties hereto, and for and in consideration of the premises and the mutual cove- nants herein contained, as follows: 1. City agrees to sell and Buyer agrees to buy Lot Number Forty -eight (48) in the Commissioner's Subdivision of Bank Out Lots numbered Eighty -Five (85) and Eighty -Six (86) of the second plat of "Out Lots of the Town, now the City of South Bend, platted by the State Bank of Indiana," and more commonly known as Fire Station No. 4, South Bend, Indiana for the sum of Eight Thousand Three Hundred and Ten Dollars ($6,310.00). 2. Buyer agrees to pay the purchase price in full, or in the alternative agrees to the credit terms of payments not to extend over a period of more than three (3) years, payable in equal quar- terly installments with interest at the rate of eight (8) per cent per annum, first payment to be made at closing. 3. Buyer agrees to diligently pursue to its conclusion the rezoning of said property to C- Commercial use and to pay the costs thereof, and the City agrees to execute its consent as owner to said rezoning. 4. Buyer agrees to pay any title insurance or abstract costs involved in said transaction which he may desire or request. 5. Buyer agrees to execute and deliver a promissory note and mortgage at closing, if said property is purchased on credit. 6. At the time of closing and after a submission of a receipt for the total purchase price (and interest) has been submitted by the Controller to the Board of Public Works, the Board shall cause a Quit -Claim Deed to be prepared, which deed shall be signed by the Mayor and attested to by the City Clerk with the Seal of the City affixed. 7. Closing of this sale shall take place not later than fifteen (15) days after the effective date of the ordinance rezoning said property; possession shall be delivered at closing. 8. In the event that the rezoning is not granted, Buyer's obligation under his bid and said purchase agreement shall termi- nate and all rights and liabilities of the parties under this contract shall terminate. 9. It is expressly agreed that all terms and conditions of this contract are included herein, and no verbal agreements of any kind shall be binding upon the parties, and this contract shall be binding upon the parties hereto, their heirs, adminis- trators, executors, successors, and assigns. 1516 W. Western South Bend, Indiana 46619 ATTEST: CITY OF SOUTH BEND BY ITS BOARD OF PUBLIC WORKS ATTEST: Patricia DeC3.ercq, Z er Board of Public Works December 3, 1975 Mrs. Irene Gammon City Clerk 4th floor County -City Bldg. South Bend, IN 46601 In Re: Richard L. Kennedy Final Site Plan Dear Mrs. Gammon: Attached please find four (4) copies of a final site plan, approved at the December 2, 1975 meeting of the Area Plan Commission. Any site plans that you are holding in your files should be disposed of and replaced with these. If you have any questions, please call. Very truly yours, Anthony P. Molnar, Planner APM /cm attach. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. RICHARD S. JOHNSON, EXECU=E D=CTOR ROOM 1123 COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 48801 (219) 284 -9571 September 17, 1975 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Richard L. Kennedy to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "E" Height and Area, property located at the southeast corner of Thomas and Walnut Streets, City of South Bend Gentlemen: The attached rezoning petition of Richard L. Kennedy was legally advertised September 6, and September 13, 1975. The Area Plan Commission gave it public hearing on September 16, 1975, at which time the following action was taken: "Upon a motion by Kenneth Woods, being seconded FILED IN CLERKS OFFICEby Garrett Mullins and unanimously carried, the petition of Richard L. Kennedy to zone from "A" Residential, "A" Height and Area, to "C" Commercial, S E P 17 1975 "E" Height and Area, property located at -the southeast corner of Thomas and Walnut Streets, City of South Bend, is returned to the Common Irene Gammon Council with a favorable recommendation, subject ctrl cLERK, SOWD P D, IND, to a final site plan, by the Area Plan Commission." 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 minutes of that 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 the Area Plan Commission Staff Report. Very truly yours, Ric�Johnson, Executive Director RSJ /cm attach. cc: Richard L. Kennedy STAFF REPORT September 11, 1975 2. B. Richard L. Kennedy -- #424 -75 LOCATION - Southeast corner of Thomas Street and Walnut Street. EXISTING ZONING OF SURROUNDING PROPERTY - The property to the north and east is currently zoned "A" Residential and "A -1" Residential. The property to the west and south is currently zoned "A" Residential. The closest Commercial zoning is approximately 1/2 block south of the site. EXISTING LAND USE OF SURROUNDING PROPERTY - The property to the north is currently being used for single family houses and a commercial use. The property to the east, west, and south is all either single family houses or vacant land. SITE PLAN - The site plan proposes using the existing building that is on the site. The building was used for a fire station, the petitioner intends to renovate it and use it for an electrical contractor's office and storage and electrical repair business. No new buildings will be erected on the site. ACCESS - Access to the site will be from the alley to the south and from Thomas Street. No State approvals will be needed, however, the City Engineer must approve these access points. DRAINAGE - No drainage plans have been submitted with the petition, however, all storm water runoff must be retained on the site per City Standards. PARKING - The site plan does not indicate how many parking spaces will be provided, however, the petition indicates four parking spaces will be used. This will meet the requirements of the South Bend City Zoning Ordinance. Richard L. Kennedy, Con't September 11, 1975 Page Two TABULATED DATA - The site is approximately 8,487 square feet. T e building occupies approximately 3,038 square feet, the drive and parking area will take another 4,013 square feet and the remaining 1,436 square feet will be open space. PRELIMINARY SITE PLAN - The site plan as presented does not have sufficient data to be considered a final. Any recommendations made by the Area Plan Commission to the City Council must be subject to a final site plan. AGENCY COMMENTS - Mr. Rollin Farrand, Director, Department of Public Works, has stated that his office has reviewed this matter and has no objections to the rezoning. STAFF COMMENTS - This area has been designated as Residential, Low Density, on the Land Use and Transportation Plano