HomeMy WebLinkAboutRezoning - 1031 Widener LaneORDINANCE No. 5803 -75
Passed by the Common Council of the City of South Bend,
FEBRUARY 10,
z�?-
Presented by me to the Mayor of the City of South Bend,
FEBRUARY 11
IQ 75
IRENE K. GAMMON
75
Clerk
of Common Council
A` � City Clerk
IRENE K. GAMMON
Approved and signed by m
If
l
General Location:
1031 Widener Lane
South Bend, Indiana
Petitioners' Names:
Tower Federal Savings and Loan
Association of South Bend and
Mrs. Monica M. Peak
c/o Louis C. Chapleau
316 First Bank Building
South Bend, Indiana 46601
ORDINANCE NO. 5',003-95-
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF
SOUTH BEND, INDIANA
Be it enacted by the Common Council of the City of South
Bend, Indiana, that:
SECTION I
Chapter 40 of the Municipal Code of South Bend, Indiana
(South Bend City Zoning Ordinance No. 4990) be, and the same is
hereby amended, supplemented and changed in Section 40 -14 and
Section 40 -24 thereof to provide that the following described
real estate located in the City of South Bend, Indiana, to -wit:
A part of the Southeast Quarter (4) of Section Number
Twenty -five (25) in Township Number Thirty -seven (37)
North, Range Number Two (2) East, described as follows,
Viz: Beginning on the North line of a tract of land
heretofore conveyed to Harold C. Widener and Hildred R.
Widener as recorded in Deed Record 506, pages 548 -550
in the Office of the Recorder of St. Joseph County,
Indiana, at a point 191.01 feet West of the East line
of said Quarter Section; thence West along the North
line of said tract a distance of 110 feet; thence
South parallel with the East line of said Quarter
Section a distance of 148.26 feet to the Northerly
line of Widener Lane; thence Easterly along the said
Northerly line of Widener Lane, a distance of 110.51
feet to a point on a line that bears South and parallel
with the East line of said Quarter Section from the
point of beginning; thence North a distance of 139.41
feet to the place of beginning, and being known as Lot
Numbered 30 as shown on a Proposed Plat of Harold C.
Widener's First Addition, Unit "B" in Centre Township,
and
A part of the Southeast Quarter (4) of Section Twenty -
five (25), Township Thirty -seven (37) North, Range Two
(2) East, described as follows, viz: Beginning on the
FILED IN CLERK'S OFFICE
I M 6 1974
Legal Description continued: CITY Gammon
— CLERK,, SOUTH BEND,, IND.
North line of a tract of land heretofore conveyed to
Harold C. Widener and Hildred R. Widener as recorded
in Deed Record 506, pages 545 -550, in the office of
the Recorder of St. Joseph County, Indiana, at a
point 40.01 feet West of the East line of said Quarter
Section; thence West along the North line of said tract
151 feet; thence South parallel with the East line of
said Quarter Section 139.41 feet to the Northerly line
of a proposed road known as Widener Lane; thence Easterly
along the Northerly line of said Widener Lane 151.7 feet
to a point on a line that bears South and parallel with
the East line of said Quarter Section from the point of
beginning; thence North 127.65 feet to the point of
beginning and being known as Lot Numbered Thirty -one
(31) in the proposed plat of Harold C. Widener's First
Addition, Unit "B" in Centre Township, together with
all that part of the real estate lying Easterly of the
above described tract and Westerly of the Westerly line
of Miami Road. Subject to legal highways,
be and the same hereby is changed in its Use District Regulation
classification from "R" Residential, "A" Height and Area, to
"C -1" Commercial, "B" Height and Area, subject to and in accor-
dance with the site development plan as submitted with the
petition to amend as filed by Monica M. Peak.
SECTION II
This ordinance is to be in full force and effect from
and after its enactment, the approval of the Mayor, and its
Publication according to law.
SECTION III
All prior ordinances affecting the above described tracts
of land in conflict herewith are repealed.
MBER OF THE6,60MMON C UNCIL
Passed by the Common Council of the City of South Bend,
Indiana on the IOrj. day of 19-7,--
ATTEST:
City Clerk
COUNCIL
1st REA i �2 _ 7 4
PUBLIC HARING a_ /O-'7 S
2nd READING a _ 70 - 17 f
NOT APPROVED n
REFERRED a_" riL.v-.."
PASSED .2 - to- -7
i
CITY OF SOUTH.BEND
4 PETITION TO AMEND ZONING ORDINANCE
f
FOR OFFICIAL USE ONLY
Date filed with City Clerk Application No.
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 applica-
tion 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:
1031 Widener Lane
South Bend, Indiana
and, an adjoining unimproved parcel of land to the West of 1031 Widener
Lane, legally described as set out in the description herein, both
parcels having an approximate two hundred fifty -two (2521) foot frontage
on Widener Lane.
2. The property is owned by:
Mrs. Monica M. Peak
1249 E. Jefferson Blvd.
South Bend, Indiana
3. A legal description of the property is as follows:
A part of the Southeast Quarter (4) of Section Number Twenty -five (25)
in Township Number Thirty -seven (37) North, Range Number Two (2) East,
described as follows, viz: Beginning on the North line of a tract of
land heretofore conveyed to Harold C. Widener and Hildred R. Widener
as recorded in Deed Record 506, pages 548 -550 in the Office of the
Recorder of St. Joseph County, Indiana, at a point 191.01 feet West
of the East line of said Quarter Section; thence West along the North
line of said tract a distance of 110 feet; thence South parallel with
the East line of said Quarter Section a distance of 148.26 feet to the
Northerly line of Widener Lane; thence Easterly along the said Northerly
line of Widener Lane, a distance of 110.51 feet to a point on a line
that bears South and parallel with the East line of said Quarter Section
from the point of beginning; thence North a distance of 139.41 feet to
the place of beginning, and being known as Lot Numbered 30 as shown on
a Proposed Plat of Harold C. Widener's First Addition, Unit "B" in
Centre Township, and
A part of the Southeast Quarter (4) of Section Twenty -five (25),
Township Thirty -seven (37) North, Range Two (2) East, described as
follows, viz: Beginning on the North line of a tract of land here-
tofore conveyed to Harold C. Widener and Hildred R. Widener as
recorded in Deed Record 506, pages 548 -550, in the office of the
Recorder of St. Joseph County, Indiana, at a point 40.01 feet West
(CONTINUE ON THE REVERSE SIDE, IF NECESSARY)
Legal Description continued
of the East line of said Quarter Section; thence West along the
North line of--said tract 151 feet; thence South, parallel with
the East line of said Quarter Section 139.41 feet to the Northerly
line of a proposed road known as Widener Lane; thence Easterly
along the Northerly line of said Widener Lane 151.7 feet to a
point on a line that bears South and parallel with the East line
of said Quarter Section from the point of beginning; thence North .
127.65 feet to the point of beginning and being known as Lot
Numbered Thirty -one (31) in the proposed plat of Harold C.
Widener`s First Addition, Unit "B" in Centre Township, together
with all that part of the real estate lying Easterly of the above
described tract and Westerly of the Westerly line of Miami Road.
Subject to legal highways.
4.
It is desired and requested
that the foregoing
property
be rezoned:
From "R"
Residential Use and "A"
Height and Area
District
To "C -1"
Commercial Use and "B"
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): Savings and
Loan Branch Office, One (1) building.
6. Number of off - street parking spaces to be provided:
Thirty (30)
7. Attached is (a) an original ordinance and 25 copies;
(b) an original petition and 20 copies; (c) a $10 filing fee;
(d) an existing plot plan showing my property and other surrounding
properties; (e) names and addresses of all the 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.
TOWER DERAL SAVINGS AND LOAN
AS I
OF SOU H BEND
By
Petition Prepared By:
Louis C. Chapleau
Signature o Petitioners
C/O Louis C. Chapleau
316 First Bank Building
South Bend, IN 46601
Address
FILED IN CLERK'S OFFICE
-2_ NOV 61974
Irene Gammon
CITY CLERK, SOUTH OIND, JND.
(fammit#rr Ir}mrt
010 tot (90m au (QOUM -H of 09 (lrttg of Oout4 lknd:
Your Committee of the Whole
to whom was referred
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 40 OF THE MUNICIPAL CODE OF
SOUTH BEND, INDIANA (1031 Widener Lane).
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
.ace .sass A . .ueusei.....
AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IND.
RICHARD S. JOHNSON, EXECUTIVE DIRECTOR
ROOM 1123 COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 48801
(219) 284 -9571
January 22, 1975
The Honorable Common Council
City of South Bend
County -City Building
South Bend, Indiana 46601
In Re: A proposed ordinance and site development plan
of Tower Federal Savings and Loan Association
and Monica Peak to zone from "R" Residential,
"A" Height and Area to "C -1" Commercial, "B"
Height and Area, property located at 1031 Widener
Lane,
Gentlemen:
The attached rezoning petition of Tower Federal Sav-
ings and Loan Association and Monica Peak was legally adver-
tised January 11, and January 18, 1975. The Area Plan Com-
mission gave it a public hearing January 21, 1975 at which
time the following action was taken:
FILED IN CLERK'S OFFICE ,Upon a motion by Robert Lehman being seconded by
Rollin Farrand and carried with John Peddycord
voting "No ", the petition of Tower Federal Savings
and Loan Association and Monica Peak to zone from
JAN 2 21975 "R" Residential, "A" Height and Area, to "C -1"
Commercial, "B" Height and Area is returned to the
Irene Gammon
Common Council
the Area Plan
with a favorable recommendation from
Commission, subject to the half right-
CITY CLERK, SOUTH BEND, IND.
of -way on Miami being forty feet and
to the develop-
ment being on
City sewer and water.
The deliberations of the Area Plan Commission and
points considered in arriving at the above decision are shown
in the 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
Richard S. J nson, - -_
Executive Director
RSJ:lari
CC: Louis Chapleau
Monica Peak
2. B
December 5, 1974
STAFF REPORT
MONICA PEAK (TOWER) #398 -74
EXISTING -ZONING OF SURROUNDING PROPERTY - to the north,
south, and west of the site the property is zoned "A"
Residential. To the east of the site is the Scottsdale
Mall which is zoned "C -2" Commercial (Planned Shopping Center)
EXISTING LAND USE OF SURROUNDING PROPERTY - to the south of
the site are several single family houses, to the north and
west is vacant land and to the east is the shopping center.
A petition to rezone the property to the north to "C -2"
Commercial (Planned Shopping Center) has been filed by the
owners of the property.
SITE PLAN - the site plan proposes to construct an office
to house a branch of the Tower Federal Savings and Loan
Company. The building will be one -story with basement
and will contain approximately 8328 square feet. The
remainder of the site will be used for parking drives and
for open area.
ACCESS - access to the site will be through two points,
both on Widener Lane. A third access point may be con-
structed in the future on the north side of the site, tying
it to the proposed development there. No curb cuts are
proposed on Miami Highway. No approvals will be required
by the State.
DRAINAGE - no drainage plans have been submitted with this
pet— i- tion. Detail drainage plans must be submitted and
approved prior to final site plan approval.
PARKING - 25 parking spaces have been provided on the site
plan. The City Zoning Ordinance requires 1 parking space
per 200 square feet of floor area and since the building
has approximately 8328 square feet, including basement,
approximately 41 parking spaces are required. This would
mean that the site requires approximately 16 additional
parking spaces to conform with the Zoning Ordinance.
TABULATED DATA - the size of the site is 0.861 acres, more
or less. The building will use approximately 22.5% of the
total site. Parking and drives will use another 42.5% of the
site. The remaining 35% will be landscaped open space.
PRELIMINARY SITE PLAN - the site plan as submitted does
not have sufficient data to be considered as a final site
plan. Additional parking must be shown, a drainage plan
must be submitted, and more details must be shown for the
screening on the west side of the property.
t
Monica Peak (Tower) #398 -74
AGENCY COMMENTS - Rollin Farrand, Director, Board of Works,
has stated that there is sewer and water available on Miami
Road. He has also stated that if the petition is approved
his office would appreciate the opportunity to work with the
developer in regards to the sanitary sewer facility.
The department would also expect additional opportunity
to review the site plan to coordinate sewer and water
construction details.
The department would further expect an opportunity tc
work with the developer to acquire additional right -of -ray
for Miami Highway. The current site plan shows only a 30
foot half right -of -way and a 40 foot half right -of -way is
required for Miami Highway.
STAFF COMMENTS - this area has been designated as general
commercial on the Land Use and Transportation Plan. The
requested rezoning and use of the site is consistent with
this recommendation. In deciding the merits of the rezoning
request, the following factors should be taken into consideration:
1. The site has an existing commercial use to the east,
the Scottsdale Mall.
2. The site has a proposed commercial development to the
north.
3. The site has existing single family zoning and uses
to the west and south.
4. Miami Highway already has very high traffic volumes.
5. No new access points will be constructed on Miami
Highway. Access will be from the existingwidener
Lane and the proposed development to the north.
ADDITIONAL STAFF COMMENTS - A revised site plan was submitted
to the Staff on Dec. 12, 1974. This site plan has sufficient
data to be considered a final site plan. A drainage plan has
been shown, the parking problem hws been solved and a detail
of the proposed screening has also been added. The Curb Cut
Committee has approved the two curb cuts on to Widener Lane.
This leaves only the requirement for additional right -of -way
for Miami Highway to be shown, and if a favorable recommendation
is given by the Area Plan Commission it should be subject to
this 40 foot half right -of -way.
- 2 -