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Rezoning - 515 Cushing Street
ORDINANCE No. 9~asss Passed by the Common Council of the City of South Bend, Indiana October 25, Attest: Attest: 19 99 City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 26, 19 99 City Clerk Approved and signed by me October 26, 19 99 Mayor `' ~~ ORDINANCE NO. l ~~ ` ~ \ l AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 N. GUSHING STREET IN 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: A lot or parcel of land 40 feet in width North and South taken off of and from the entire width of the North ends of Lots Numbered One (1) and Two (2) as shown on the recorded Plat of Cushing and Lindsey's Addition to the City of South Bend together with the South half (1/2) of the vacated alley located North of and adjacent to, said lots One (1) and Two (2) 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. c Member of the Common Council 1st READING g.~'~~ PUBLIC HEARING ~b-LS"y~ 3 rd READING ~ D-L S'°1 NOT APPROVED REFPRRED {lrs.e. 1~,~ ~,-~"~~ PASSED ~ p _ Z S-~1 1 ~,~,~~ 0 4 1999 1.~:~~~ r,~. e~~ P -.,, CS'fY Clot.,., ~_~. ~'r yid, ;~~. Date Filed: Au..~,ust 4. 1999_ Application No.: Date Received by the Area Plan Commission: I 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 sought to be rezoned is located at: 515 N. Cushing Street 2) Name and address of property owner of the petition site: South Bend Heritage Foundation 914 Lincolnway West South Bend, IN 46616 219-289-1066 3) .Name and address of Contingent purchaser(s), if applicable: N1A 4) It is desired and requested that this properly be rezoned from "A" Residential, `B" Height and Area to "C" Commercial, "E" Height and Area. 5) This rezoning is requested to allow the following use (s): Additional parking. This vacant lot is immediately north of the building at 801-807 Lincolnway West where South Bend Heritage Foundation plans to move itJS main offices. It needs to have the same zoning as 801-807 Lincolnway West. 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) six (6) site plans; and (d) 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 maybe approved subject to the submittal of a final site plan. A final 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 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 maybe requested. U , Je e Gibn ,Executive Dire t r S th Bend Heritage Foundation PETITION PREPARED BY: Dea Andrews South Bend Heritage Foundation 914 Lincolnway West South Bend, IN 46616 219-289-1066 ~~ tl M t ~~Ir 0 4 1999 ~,ti ~ ~ .' ~ it, ." E COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 61-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 515 N. GUSHING STREET IN 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. Charlotte Pfeifer Chairman Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director Phone 219 235-9571 September 22, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 John W. Byorni Assistant Director Fax 219 235-9813 RE: A pproposed ordinance and site development flan of South Bend Heritage Foundation to zone from "A" Residential, "B" Height & Area to "C' Commercial, "E" Height & Area, property located at 515 N. Cushing Street, City of South Bend - APC #1951-99 Dear Council Members: The above referenced ordinance and site development plan of South Bend Heritage Foundation was legally advertised on September 9, 1999. The Area Plan Commission at its public hearing on September 21, 1999, took the following action: Upon a motion by John McNamara, being seconded by Richard Knoblock and unanimously. carried, the pproposed ordinance and site development plan of South Bend Heritage Foundation to zone from "A" Residential, "B" Height & Area to "C" Commercial, "E" Height & Area, property located at 515 N. Cushing Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This rezoning is being done in conjunction with a replat that will make this lot part of the lot to the south. Approval of this petition will bring the lot into conformance with the remainder of the South Bend Heritage property to allow the unified development of the entire property. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the 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 a copy of the Area Plan Commission's Staff Report. Sincerely, w- ~~~~ . Byor . RSJ: sr Attachment CC: South Bend Heritage Foundation CC: Dea Andrews Ftted !n Ct~rk's ©fiftce SEP 2 2 1999 (.ORPeTTA J. Dt1D~; Cl7Y CL~4tX.30. B~.h'D, t~. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT September 13, 1999 South Bend Heritage Foundation 1951-99 Location: 515 N. Cushing Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "B" Height & Area to "C" Commercial, "E" Height & Area to allow a parking lot. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north and east are single family homes zoned "A" Residential, "B" Height & Area; and to the south and west are businesses zoned "C" Commercial, "D" & "E" Height & Area. ACCESS: Access to the site is from Cushing Street. 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 5,120 square feet. Of that, the parking and drives will occupy 4080 square feet, or 80 percent of the site; and 1040 square feet or 20 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 required that the north/south alley be paved as far as the parking lot entrance. 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 a favorable recommendation, subject to a final site plan. This rezoning is being done in conjunction with a replat that will make this lot part of the lot to the south. Approval of this petition will bring the lot into conformance with the remainder of the South Bend Heritage property to allow the unified development of the entire property. Filed to clerk's ~gfic~ SEP 2 2 1999 LAR~7TA J. tK1DA CITY CI.ERx, f3fl. Q'~lda.l43. I w I ~ Q LINDSEY i b 1 i C~Nc~ 0~~ z 0 Q d. ~- ..~ sir = w D ~ tr c~ BRINGER ST. w I Q .-_ ~ -~ ~ -- U F- d fib lid .a .~ ® c~ :Tff10N Z IKEA ® ~ ~~ U a+snnrr~ ~ ~-b- ~- ~- - ST. .~1 F- ~' - o ` I~ ~ ~ MARION ST. ,~' ~~ 2 O ~~ c~~ REZONING FROM: 'A' RESIDENTIAL, 'B' HEIGHT & AREA, T^: 'C' C^MMERCIAL, 'E' HEIGHT & AREA PETITI^N AREA SOUTH BEND EXISTING Z^NING 'A' RESIDENTIAL D 'B' RESIDENTIAL 'C' C^MMERCIAL !Filed In Cisark's ®gfiic~ SEP 2 2 1999 LOFIET7'A J. L4ilale fY CLEA~t, ~O. F~~t:O. w _ Q - l ~ APC #1951-99 0 100 200 400 ~ r..r Graphic Scal e