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HomeMy WebLinkAboutRezoning - 1733 South Bend AvenueORDINANCE No. 9188-01 Passed by the Common Council of the City of South Bend, Indiana January 8, Attest: Attest: ~~ 01 20 Presented by me to the Mayor of the City of South Bend, Indiana ~A1-.~~ q~- 20 ~1_ City Clerk President of Common Cottncil City Clerk Approved attd signed by me January 9, 20 O1 Mayor ORDINANCE NO. 1 ~ ~~ -© AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1733 SOUTH BEND AVENUE, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council f the City of South Bend, Indiana: SECTION l .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: ` KC" -Commercial - "A" -Height and Area -That part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana which is described as: Beginning at a point on the Westerly right of way line (SO foot right of line) of Indiana State Road #23 (Edwardsburg Highway) which is North S6°03'SS" West, 10.00 feet from a point on the former 40.00 foot right of way line of said State Road #23 which is South 33°49'30" West (assumed bearing), 492.99 feet (496.21 feet record) from.its intersection with the North line of the Southwest Quarter of the Southeast Quarter of said Section 31; thence South 33°49'30" West along the Westerly right of way line of said State Road #23, 1SS.17 feet; thence North S6°03'SS" West, 289.48 feet to a set S/8" capped iron; thence North 33°S 1'44" East, 1SS.17 feet to a set S/8" capped iron; thence South S6°03'SS" East, 289.38 feet to the point of beginning EXCEPTING THEREFROM THE FOLLOWING PARCEL: Beginning at the Southwesterly corner of a tract of land conveyed to David A. Frank by Warranty Deed recorded as Instrument Number 9714059 in the Office of the Recorder of St. Joseph County, Indiana; thence North 33°S 1'44" East along the Westerly line of said Frank Tract, a distance of 90.00 feet; thence South S6°03'SS" East, parallel with the Southerly line of said Frank Tract, a distance of 70.00 feet; thence South 33°Sl'44" West, parallel with the Westerly line of said Frank Tract, a distance of 90.00 feet to a point on the Southerly line of said Frank Tract; thence North S6°03'SS" West, along said Southerly line, a distance of 70.00 feet to the place of beginning. "C" -Commercial - "E" -Height and Area - A parcel of land being a part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, City of South Bend, Clay Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwesterly comer of a tract of land conveyed to David A. Frank by Warranty Deed recorded as Instrument Number 9714059 in the Office of the Recorder of St. Joseph County, Indiana; thence North 33°S 1'44" East along the Westerly line of said Frank Tract, a distance of 90.00 feet; thence South S6°03'SS" East, parallel with the Southerly line of said Frank Tract, a distance of 70.00 feet; thence South 33°S 1'44" West, parallel with the Westerly line of said Frank Tract, a distance of 90.00 feet to a point on the Southerly line of said Frank Tract; thence North S6°03'SS" West, along said Southerly line, a distance of 70.00 feet to the place of beginning. be and the same is hereby established as: "C" -Commercial, "A" -Height and Area and "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. ~~~~~~ ~~ Member of the Common Council 1 st READING ~ ~"~3"O~ PUBLIC HEARING ~~$-!1~ QS S u~S~r^.' ~~~ 3 rd READING 1-~ -Q\ ~ S ~ U.~ra S~'~-~"~e NOT APPROVED 1 REFERRED (~• Q ~ 1l~\`~\nD PASSED `-g _~` Ct 5 S U.~.s5~~'~`~~L.~,\ DEC 0 2Q0(i Q ^n~"..~. [511 CITY CS.~iY&:, C£?. L3~:t3rJ, IiY. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 122-00 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 1733 SOUTH BEND AVENUE 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. Andrew Udj ak Chairman Revised 12/97 Date Filed Application No. Date received by the Area Plan Commission I the undersigned make application to the Common Council, City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1733 South Bend Avenue, South Bend, Indiana 46635 2) Name and address of property owner of tl~e petitioned site J. Kevin & Victoria Kwiatkowski 51791 Paddock Granger, Indiana 46530 3) Name and address of contingent purchaser, if applicable: Charles S. Hayes, Inc. 814 Marietta Street South Bend, Indiana 46601 (219)233-1296 4) It is desired and requested that this property be rezoned from: "C" -Commercial, "A" - Height and Area to: "C" -Commercial, "A" -Height and Area and "C" -Commercial, "E" -Height and Area 5) This rezoning is requested to allow the following use: An existing restaurant, a billboard, an unmanned utility sub-station and tower. 6) Attached is a copy of (a) legal description; (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) address, stamped, envelopes for al I 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) year of the Council's action. In addition, a building pcrmit 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 zonin c assificati .Under certain conditions, a ex nsion on the s mittal of the final site plan may be : que ted. Charles Hayes PETITION PREPARED BY: Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 (219} 233-1841 Attn. J. Bernard Feeney ~il~~ 61: C~irrr~~'~ ~b~~; DEC 1 '' 2000 LOF%7'ri1 J. CSUD *~ /t i~- . Kevin Kwiatkowski Victoria Kwiatkowski Joseph & Victoria Kwiatkowski South Bend Joint Venture L.P. Campus East 1: P 51791 Paddock Drive 320 N. Meridian St., Suite 528 306 S. Notre Dame IN 46530 Granger Indianapolis, IN 46204 South Bend, IN 46617 , 24 1003 056602 24 1003 0565 24 1003 056601 Wissco Irrigation, Inc. Trustee of C L Charles Watson James P. Ieraci 1820 South Bend Avenue , Riverside Dr. 5334 S 1717 South Bend Avenue South Bend, IN 46637 . FL 34448 Homosassa South Bend, IN 46635 24 1008 0658, 24 1008, 0657 , 24-1003 0569 24 1003 0567 24 1008 0656, 24 1008 0655 Eugene & Jane Zimmer Susan Mahoney Richard Fox 70328 Lakeview Dr. 1920 Charles Street 821 N. St. Louis Blvd. Edwardsburg, MI 49112 South Bend, IN 46635 South Bend, IN 46617 24 1008 0653, 24 1008 0653 24 1008 0651 24 1008 0654 24 1008 0652 M. L. Gallagher Guy Gorbitz Frederick & Laurine Dow 1540 N. Oak Hill Drive 1538 Oakhill Drive 1536 Oakhill South Bend, IN 46637 South Bend, IN 46637. South Bend, IN 46637 24 1008 062478 24 1008 062479 24 1008 062480 George & Amelia Velis Joshua Uebelhor & Heidi Longar Pamela Karsen 4910 S. Progress 1532 Oak Hill Drive 1558 N. Oak Hill Drive Vernadale, WA 99037 South Bend, IN 46637 South Bend, IN 46637 24 1008 062481 24 1008 062482 24 1008 062483 V.E, Friedewald, Jr., M.D. William & Cheryl Simpson Howard & Mary Sue Crawford 1556 Oak Hill Drive 201 W. Kings Road 515 Harvest Lane South Bend, IN 46637 Ada, OK 74820 Frankenrr-uth, MI 48734 24 1008 062484, 24 1008 062485 24 1008 062486, 24 1008 062486 24 1008 062487 Patrick Walsh James & Linda Bordas Robert & Nancy Itizzuti 1548 N. Oak Hill Drive 1358 National Road 5148 Carriage Trace Drive South Bend, IN 46637 Wheeling West Vuginia 26003 St. Louis, MO 63128 24 1008 062488 24 1008 062489 24 1008 062493 William & Madonna Bond Maurice Lesler Linda Jackson 1581 Oak Hill Drive ] 544 N. Oak Hill Drive 1585 N. Oak Hill Drive South Bend, IN 46637 South Bend, IN 46637 South Bend, IN 46637 24 1008 062492 24 1008 062490 24 1008 062494 Joanne Bartsh J G B Enterprises, Inc. Timothy O'Neill 1587 Oak Hill Drive 1565 N. Oak Hill Drive 1567 Oak Hill Drive South Bend, IN 46637 South Bend, IN 46637 South Bend, IN 46637 24 1008 062495 24 1008 062498 24 1008 062499 Rusty Neilson Myra Anthony Kathleen McMahon 1569 N. Oak Bill Drive 15877 Cedar Ridge Court 354 N. Myers Avenue South Bend, In 46637 Granger, IN 46530 Sharon, PA 16146 24 1008 062501 24 1008 062502 24 1008 062503 Jon & Maria Gorman Paul Hartz 1162 Clarendon Drive 1563 Oak Hill Drive Marietta, GA 30067 South Bend, IN 46637 24 1008 062504 24 1008 062497 Filed in Cil~rk'~ ®ffie~ s.osa~~rr~~. ~~ ~ -,~` GlTI'ti1.~Fi'i1, £~. Ct~14D, ii'~. REZONING DESCRIPTION: A parcel of land being a part of the Southwest Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, City of South Bend, Clay Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwesterly corner of a tract of land conveyed to David A Frank by Warranty Deed recorded as instrument number 9714059 in the office of the Recorder of St. Joseph County, Indiana; thence North 33°51'44" East along the Westerly line of said Frank tract, a distance of 90.00 feet; thence South 56°03'55" East, parallel with the Southerly line of said Frank tract, a distance of 70.00 feet; thence South 33°51'44" West, parallel with the Westerly line of said Frank tract, a distance of 90.00 feet to a point on the Southerly line of said Frank tract; thence North 56°03'55" West, along said Southerly line, a distance of 70.00 feet to the place of beginning. ALONG ANn TOGETI~R with an easement for egress and ingress along, over and across a parcel of land described as beginning at a point on the Easterly line of the hereinabove described tract of land a distance of 24.00 feet North 33°51'44' East of the Southeasterly corner of said tract; thence continuing North 33°51'44' East, along said Easterly line, a distance of 20.00 feet; thence South 56°03'55" East, parallel with said Southerly line of the David A Frank parcel, a distance of 219.45 feet to the Westerly right- of-way of State Road #23 (Edwardsburg Highway); thence South 33°49'30' West, along said Westerly right-of--way line, a distance of 20.00 feet; thence North 56°03'55' West, parallel with said Southerly line of the Frank parcel, a distance of 219.46 feet to the place of beginning. Subject to the legal rights of a public highway and subject also to any easements, covenants or restrictions of record. Filed in ClerEt's ~f~itr~ ~~i~~~ Q ~ 2QQfi CITY CL@~i:S, ~~. FiEP:'~~ ~++. ~, 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 219 235-9571 Fax 219 235-9813 December 20, 2000 The Honorable Common Council City of South Bend County City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and snte development plan of J. Kevin and Victors is Kwiatkowski to zone from C Commercial, A Height and Area to C Commercial, A and E Height and Area, property located at 1733 South Bend Avenue, City of South Bend - APC #2037-00 Dear Council Members: The above referenced ordinance and site development plan of J. Kevin and Victoria Kwiatkowski was legally advertised December 7, 2000. The Area Plan Commission at its public hearing on Decem er 19, 2000, took the following action: Upon a motion b~ Karl King,, being seconded by Tim VanOverberpphhe and unanimously carried, the proposed ordmance~an~d site development plan of J. Kevin and~`'Victoria Kwiatkowski to zone from C Commercial, A Height and Area to C Commercial, A' and E Height and Area, propert~ located at 1733 South Bend Avenue, City of South Bend is sent to the Common Council w><tFi a favorable recommendation, subject to a final site development plan. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading.. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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. S' re y, bert W. e~~~ RWS:sr Attachment CC: J. Kevin and Victoria Kwiatkowski CC: Charles S. Hayes, Inc. CC: J. Bernard Feeney Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT December 11, 2000 J. Kevin and Victoria Kwiatkowski 2037-00 Location: 1733 South Bend Avenue City of South Bend REQUESTED ACTION_• The petitioners are requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "A" and "E" Height and Area to allow an existing restaurant and billboard and an unmanned utility sub-station tower. EXISTING LAND USE• The property currently contains a restaurant and billboard. SURROUNDING LAND USE AND ZONING: Located to the northwest are multi-family dwelling units zoned "B" Residential, "A" height and area; to the northeast are commercial businesses zoned "C" Commercial "C" height and area; to the southeast across South Bend Avenue (S.R. 23) is a commercial business zoned "C" Commercial "A" height and area; to the southwest are multi-family dwelling units zoned "B" Residential, "A" height and area and a commercial business zoned "C" Commercial "A" height and area. ACCESS• Access to the site is from South Bend Avenue (S.R. 23). WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE• The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 1 acre. Of that, the buildings will occupy 6,085 square feet, or 14 percent of the site; the parking and drives will occupy 32,945 square feet, or 74 percent of the site; and 5,880 square feet or 12 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 will require a drainage plan at the final site plan stage. PRELIMINARY STAFF RECOMMENDATION• Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. In the staff's opinion, the proposed unmanned utility sub-station and cell tower would be have a detrimental effect on the adjacent multi-family residential area and possibly on the single family residences in the area, as well. ,~ • J I I I I I ~ p ~ I I K I ~n I I L__ a j I I I 11 I i 1 I ~ ~lsl ~~ °~ I misDN I I ~° 0 '~. I ~---- ~ J_ ____~ m i I I I I I I I I I VANESS ST• '~ 5~ PETITION AREA ~o~ ~ o~~ Ay CHARLES CSC ~~~ O 0 oa0 ~\ ____ \\ r p Z ----- C7 ~ ~o~ 020 ~ ~~ ~ ~'~ .-. I d ~ I ° i~ 1 I ice/ ~ ~~ 1 P ~~ 6R. Lei ST. l` r,O~ ~G 1 ~ --- I r-'- I __L___ I I I ______ I ~ ___ iRONwooo cw. ~° z '~^J'l~ ~ ------ I O W ~ O I I Ro. ~ O ~] ~] _ ~ ~ OAK PARK DR REZONING FROM: "C" COMMERCIAL,"A" HEIGHT & AREA, T0: "C" COMMERCIAL, "C" HEIGHT & AREA n i SOUTH BEND EXISTING ZONING PETITION AREA ® j ~j "A" RESIDENTIAL DST JOSEPH COUNTY EXISTING ZONING "B" RESIDENTIAL O •. APC # 2037-00 "C" COMMERCIAL ~~ R RESIDENTIAL D 0 200 Sao eao "C-1" COMMERCIAL O a~s~ ' "0" OFFICE O