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HomeMy WebLinkAboutRezoning - 3502 Lincolnway WestORDINANCE No. s~„-~~ Passed by the Common Council of the City of South Bend, Indiana March 11, Attest: Attest: 20 02 Presented by me to the Mayor of the City of Sottth Bend, Indiana Marcq ~ ~ 20 ~2 City Clerk President of Common Council City Clerk March 14, Approved and signed by me 20 02 Mayor ' ORDINANCE NO. 131 I J O 2 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3502 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. 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: Lots Numbered One (1) and Two (2) as shown on the recorded Plat of T & S Cameron's Minor Subdivision recorded September 23, 1992 as Document Number 9234947 in the Office of the Recorder of St. Joseph County, Indiana. Be and the same is hereby established as "C" Commercial "E" Height and Area. SECTION II. 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. ~ti Member of the Common Council 1 st READING ~ ~ -L ~° ~ 1 PUBLIC HEARING 3_\\~flZ- GS SVI~o~-,~~~ 3 rd READING -~ _~\- u1. QS Skbs~~~~~ NOT APPROVED- L~_o 1 REfEP.RED ~-~'~ I ~ ~ ~ PASSED 3-~~~DZ- 0.~ Su~S~'`'~"'~``e-~ ,~ A 4~ ~ ~ 9(12 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 117-01 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3502 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted. Karen White Chairman Revised 1/25/02 Date Filed: Application No. ~ ~~ ""~ ~ / Date received by the Area Plan Commission ----------------------------------------------------------------------------------------------------------- I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. , 1) The property south to be rezoned is located at 3502 Lincolnway West, South Bend, Indiana 46628 2) Name and address of the property owner(s) of the petition site: Name: Thomas Jerome Cameron Address: 11040 Cougar Drive, Granger, IN 46530 Phone Number: (219) 235-7495 3) Name and address of contingent purchaser(s) if applicable: N/A 4) It is desired and requested that this property be rezoned From "B" Residential, "A" Height and Area To "C" Commercial, "E" Height and Area 5) This rezoning requested to allow the following use(s)" The property is to be a Commercial/RetaiUOffice development for a Family Dollaz or similaz store, a Subway eatery or similaz store with drive- thru, a financial facility/office or similaz use and including re-use of the southern existing home to be used for retail /office uses. 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) yeaz of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. ~ Petition Prepared by: Danch, Harner & Associates, Inc. 2422 Viridian Drive, Suite 201 . South Bend, Indiana 46628, 234-4003 f=iled its Cls~e'~ ~ ~~f€ce LOR TiB- J. 6S1J:. CITY CLERK, ^O. FIEF:C, Spa Property Owners with 300 Feet of the Petition Property Tax Ke No Owner Addressl Address2 Pro er 18-2215-8154 St. John The Baptist 3526 St. Johns South Bend, 3616 St. Johns Way Way IN 46628 3509 St. John's South Bend, 3509 St. John's 18-2215-8147 Betty Carter Way IN 46628 Wa 18-2215-8146 Betty Smiley 3515 St. John's South Bend, 3515 St. John's Way IN 46628 Way 18-2215-8145 Wilbert T. Stokes 21888 Trillium South Bend, 3521 St. John's Dr. IN 46614 Wa Robert C. & Angeline C. 3527 St. John's South Bend, 3527 St. John's 18-2215-8144 Hassack Way IN 46628 Way 18-2215-8143 Enriqueto C & Caranto 1711 Ironwood South Bend, 3603 St. John's Milagros Rey IN 46628 Way 18-2215-8142 Susie T. Chandler 3609 St. John's South Bend, 3609 St. John's Way IN 46628 Wa Edward J. & Margaret 1322 Brentwood South Bend, 1322 Brentwood 18-2218-8212 Zielinski Ct. IN 46628 Ct. 18-2218-8211 Robert E. & Loraine G. 1325 Brentwood South Bend, 1326 Brentwood Cornelis Ct. IN 46628 Ct. 18-2218-8210 Loretta J. Wojciechowski 1332 Brentwood South Bend, 1332 Brentwood Ct. IN 46628 Ct. 18-2218-8209 Roman & Frances 1340 Brentwood South Bend, 1340 Brentwood Walkowiak Ct. IN 46628 Ct. 18-2193-7249 Susan L Cameron 3530 Lincolnway South Bend, 3530 Lincolnway West IN 46628 West 18-2193-7247 Richard L & Karyn L 3550 Park Place Mishawaka, 3401 Lincolnway Best W., Ste 300 IN 46545 West 18-2193-7246 David & Beth Ann 57265 McQuade South Bend, 3511 Lincolnway Bergeron 1N 46619 West Glenn Jr. & Carolyn 3527 Lincolnway South Bend, 3527 Lincolnway 18-2193-7244 Huston West IN 46628 West Jez Josephine T & 3601 Lincolnway South Bend, 3601 Lincolnway 18-2193-7245 Dorothy Fodrocy West IN 46628 West ~,. --~ esl~~ ttl ~6e~'c: s ~$~c~~ rti~~a" `~ ;' 200 t 1, Miscellaneous The property owner list for all properties within 300 feet of the petition property needs to be updated. Addressed and stamped envelopes will also need to be provided for: Anastasios N. Allen 3417 Lincolnway West South Bend, Indiana 46628 18-2193-724706 James & Wendy Allriedge 36115 St. Johns Way South Bend, Indiana 46628 . 18-2215-8141 Daniel & Sandra Barnes 3405 St. Johns Way South Bend, Indiana 46628 18-2215-8152 Margaret Blount 3503 St. John's Way South Bend, Indiana 46628 18-2215-8148 Hazel Hudson 1321 Brentwood Ct. South Bend, Indiana 46628 18-2218-8213 Vernon C. Krier 20 N. Union St. Rochester, NY 14607 18-2193-724706 Joesph & Joy King 1339 Brentwood Ct. South Bend, Indiana 46628 18-2218-8216 Kuert Concrete, Inc. 3402 Lincolnway West South Bend, Indiana 46628 18-2215-8153 James & Joan Moore P.O. Box 3993 South Bend, Indiana 46628 18-2185-6991 & 18-2185-699101 Albin & Felice Plonski 3415 St. Johns Way South Bend, Indiana 46628 18-2215-8151 Irene Redding 3621 St. Johns Way South Bend, Indiana 46628 _ 18-2215-8140 ~,•1 e ' , ~ pa. 1 a:w~ ~~! ~-f:.~eise ~Ii~~~ J~u~ U ~ ~OQ~ LOR~TTr~J. GtJDl'3 G1TY CLEFI,~ ~O. F3EP.O~ 1'J, 1, /°'~ 1. Son X Vu 1331 Brentwood Ct. ' South Bend, Indiana 46628 18-2218-8215 The Housing Authority of the City of South Bend SOl S. Scott St. South Bend, Indiana 46601 18-2215-8150 A corrected petition and ordinance should be submitted to this office by 4:00 p.m. Thursday, December 27, 2001 in order to be placed on the agenda of the January Area Plan Commission meeting. Six copies of a corrected site plan with tabulated data information should also be submitted by 4:00 p.m. January 3, 2001. If you have any questions, please do not hesitate to call. Sincerely, ~~ Brent M. Bajdek Planner CC: Danch, Hamer & Associates _~- .,.. 1 Za~~ ~~ ~~~.cra~ ~eee~+'v LOZ::TT~ d. Dt1Jl1 CITY CLEFtI;, ~~. Lr#,~, E°~9~ CB ®Richard Ellis South Bend 130 S. Main Street Suite 350 South Bend, IN 46601 T 219 237 6000 F 219 237 6001 www.cbre.com November 20, 2001 Ms. Charlotte Pfeifer President South Bend Common Council County City Building Room 455 South Bend, IN 46601 RE: 3502 Lincolnway West Rezoning Dear Ms. Pfeifer: We are petitioning the Common Council to consider rezoning the property at 3502 Lincolnway West in South Bend from "B" Residential "A" Height and Area to "C" Commercial "E" Height and Area. Enclosed please find the Petition to Rezone, Ordinance to Rezone, six copies of the Site Development Plan and the list of names and addresses, along with stamped envelopes addressed to each owner within 300 feet of the petition property. Also enclosed is a check for $50.00 to the APC and $100 to the City of South Bend. We are requesting this rezoning in order to allow the property to be reused for CommerciaURetail purposes. Should you have any questions or require additional information from us, please feel free to call me at (219) 23?-6006. Sincerely, CB Richard Ellis South Bend Brad Toothaker Managing Director Brokerage Services Enclosures i(et~ it ~i~r;~~'~ ®~a~e f ~~o~ z h zooj LS1i;T7e1d.:J+1:eJ1 Cff9°CO.F3itS, ~©. E1~~J, 6t:. Area Plan Commission of St. Joseph County ' 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 February 20, 2002 The Honorable Common Council City of South Bend County City Bldg. - 4th Floor South Bend, IN 46601 RED A proposed ordinance and site development plan of Thomas Jerome Cameron to zone from B Residential, A Height and Area to C Commercial, E Height and Area, property located at 3502 Lincolnway West, City of South Bend, as tabled - APC #2116-01 Dear Council Members: The above referenced ordinance and site development plan of Thomas Jerome Cameron was legally advertised January.3, 2002. The Area Plan Commission at its public hearing on February 19, 2002, took the following action: Upon a motion by John DeLee, being seconded by Alberta Husband and unanimously carried, the proposed ordinance and site development plan of Thomas Jerome Cameron to zone from "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 3502 Lincolnway West, City of South Bend, as tabled is sent to the Common Council with a favorable recommendation sub'ect to a final site plan showing a six foot high solid wood fence and to require the petitioner to wor~ with the Staff to provide further buffering such as berming and plantings along the south property line. The petition area abuts commercially zoned property to the east and west and there are other commercially zoned properties to the north across Lincolnway West. It is the Commission's opinion that the proposed commercial zoning and uses are not out of character with the surrounding development and are reasonable along Lwcolnway West in this area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public heanng, 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. Si re y, '~ Bert W. Sante RWS:sr Attachment CC: Thomas Jerome Cameron CC: Brad Toothaker Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana •~ STAFF REPORT January 7, 2002 Thomas Jerome Cameron~2116-01 Location:.3502 Lincolnway West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow a Commercial/Retail/Office development for a Family Dollar or similar store, a Subway eatery or similar store with drive-thru, a financial facility/office or similar uses and including the reuse of the southern existing home for retail/office uses. ; EXISTING LAND USE: The property currently contains a single-family home. SURROUNDING LAND USE AND ZONING: Located to the north are commercial businesses zoned "C" Commercial, "A" height and area, an office zoned "C" Commercial, "C" height and area and single-family homes zoned "A" Residential, "A" height and area; to the east is an office zoned "C-1" Commercial, "A" height and area; to the south are single-family homes zoned "A" Residential, "A" height and area; and to the west is a kennel zoned "C" Commercial, "A" height and area. ACCESS: Access to the site is from Lincolnway West. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 1.5 acres. Of that, the buildings will occupy 11,270 square feet, or 17 percent of the site; the parking and drives will occupy 35,532 square feet, or 54 percent of the site; and 19,392 square feet or 29 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer has commented that: 1. the existing lots will need a replat to create new openings in the non-access easement; 2. the - final site plan will need to develop shoulder construction, curb and walk, or accel/decel lanes; and 3. the drainage plan should use the rational method. PRELIMINARY,-- STAFF RECONII~IENDATION: - Based on information available. prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a _ .. _... STAFF REPORT .5.; _ January 7, 2002 favorable recommendation, subject to a final site development plan. The petition .area abuts commercially zoned~~property to the .east and west and there are other commercially zoned properties to the north across. Lincolnway West. It is the staff's opinion that the proposed commercial zoning and uses are not out of character with the surrounding development and are reasonable along Lincolnway West in this area. _ ..~~, ...,_.:n s. _, ., ._. ._ _ ,...._ ~_.. a ~ J .. - d.t ~ ~ ~ ~ • d w ~ Q o e ~ : ~~ v y ~ ~ a °Q ~ ~ ~ ~ c ~ k'ESr _ 3 ~ - ~ ELWOOD AVE. o ~ ~~ a ~ Up~~IN ~ ~ CND ~°(~ I., ~ c~ -~ ~ ~O ®~ a d I a e ® ~. i oo ~ o ~ ®®D°~ ~ ~ U. eo ~ ~ S~ ?~ ~°~ 0 ~ ~ ~~(~`_ ogNs ~~~~ ~~ a ~ wqr ~~ PETITION AREA q`F ~ ~ °d o Q LOCK ST. v ~ ~~ ~ W RT ti 3 0 R. ~~ QV 09 ~O~~R ~ REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT & AREA, TO: "C" COMMERCIAL, "E" HEIGHT & AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL o "B" RESIDENTIAL o APC # 2116 01 "C" COMMERCIAL o "C1" COMMERCIAL ~ '°° z°° 3°° s°° "C2" PLANNED SHOPPING °~aP^~ ~ S~a~ CENTER DISTRICT o "D" LIGHT INDUSTRIAL o PETITION AREA