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Home My WebLink AboutRezoning - 407-409 Lincolnway WestORDINANCE No. ~~ss ss Passed by the Common Council of the Ciry of South Bend, Indiana, December 13, 19 99 Arrest: Arrest: City Clerk Presented by me to the Mayor of the Ciry of South Bend, Indiana December 14, President of Common Council 19 99 LORETTA J. Approved and signed by me December 15, 19 99 City Clerk Mayor ORDINANCE NO. ~~~_ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 407-409 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. O rdinance No. 4990-68, as amended, which ordinance is commonly known as The Zoning Ordinance of the City of Soutlr 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: PARCEL I: The Southeasterly Half of Lot Numbered Eleven (I 1) as shown on the recorded Plat of Northwest Addition to the Town, now City of South Bend, commonly known as Hendricks and Grant's Addition. Commonly known as: 409 Lincolnway West, South Bend, IN 46601 PARCEL II. Apart of Lot Numbered Ten (]0) as shown on the recorded Plat of Hendricks and Grant's Addition to the Town now City of South Bend, which part is bounded by a line running as follows, viz: Beginning at the Southwesterly corner of said Lot; thence running Southeasterly along the Northerly line of Lincolnway West, 40'/~ feet; thence Northeasterly parallel with the Northwesterly line of said Lot to the Northerly line thereof; thence Northwesterly to the North- West corner of said Lot; thence Southwesterly to the place of beginning. Commonly known as: 407 Lincolnway West, South Bend, IN46601 Be and the same is hereby established as "B" Multi- Family Residential and "f' height and area district. SECTION lI. 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 1 ~-~ ~~~ 1 PUBLIC HEARING ~-L'l3~`~°~ 3rd READING ~2.'i3-~~ NOT APPROVED t o _ tL-q~ REFERRED A^"~ r~Q'''` Filed [n Clerk's ®ffic~ O C T 0 0 1090 PASSED ~L-~~_c~o~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 83-99 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTIES LOCATED AT 407-409 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that at their committee meeting held on December 13`", 1999 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 Date filed Application no. Date received by the Area Plan Commission We the undersigned make application to the Common Council of the City of South Bend,lndiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at; 409-407 Lincolnway West, South Bend, IN 46601 Z) Name and address of property owners of the petition site; Name: Goldmine Inc. Full Address and phone number: PO Box 1919 Mishawaka, IN 46546-1919 (219) 259-2721 3) Name and address of contingent purchaser Name: Benjie Shult Full Address and phone number: 10177 Faye Ct. Osceola, IN 46561 (219) 679-0075 4) It is desired and requested that this property be rezoned From "D" Light Industrial, "f' Height and Area To `B" Multi-Family Residential, "f' Height and Area 5) Tliis rezoning is requested to allow the following uses: To legalize the use of the property at 407 Lincolnway West South Bend, IN as a Multi-Family Residential Building with Six (6) Apartment Units and to use a portion of the property at 409 Lincolmvay West, South Bend, IN to extend the on site parking for t}ie residents of 407 Lincolnway West, South Bend, IN. 6) Attached is a copy of (a) the legal descripti^. n~ oFthe properties; {b) a list of names and addresses of all property owners and tl~e tax key numbers for all properties withir. 300 feet of the petition properties; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 Feet of the petition properties. 7) By signing this petition, I and my 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 permit must be issued for the use indicated 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 zo ' of the petitioned property to revert to the intial zoning classification. Under certain conditi s, a time extension on the submittal of the final site plan may be requested. ~~ ~~ ~~~ Timothy D. Hancz, P PETITION PREPARED BY: ~~---~ Rosemarie L Apple 52945 Emmons Rd. South Bend, IN 46637 (219)259- ,_ @~ ~n Ci@r~t°S ~~fIC~ ~~ n~T Q ~ 199 ~~, ~r.tn.ttrs ~.a,, ~~~t~~ `:. LEGAL DESCRIPTIONS PARCEL I: The Southeasterly Half of Lot Numbered Eleven (11) as shown on the recorded Plat of Northwest Addition to the Town, now City of South Bend, commonly known as Hendricks and Grant's Addition . Commonly known as: 409 Lincolnway West, South Bend, 1N 46601 PARCEL II: Apart of Lot Numbered Ten (10) as shown on the recorded Plat of Hendricks and Grant's Addition to the Town, now City of South Bend, which part is bounded by a line running as follows, viz: Beginning at t)re Southwesterly corner of said Lot; thence running Southeasterly along the Northerly line of Lincolnway West, 40'/z feet; thence Northeasterly parallel with the Northwesterly line of said Lot to the Northerly line therof; thence Northwesterly to the Northwest corner of said Lot; thence Southweasterly to the place of beginning. Common known as: 407 Lincolnway West, South Bend, IN 46601 Filed !n Cterk'S ®~fiC~ nr.T 0 ~ 14Qq ltir~~6fe:tio4~:~~ +r~~x _CORPORATE RESOLUTION GOLD1ti11NE, INC. IT IS HEREBY RESOLVED that Timothy D. Hancz is hereby given authority to execute any and all documents of conveyance and transfer concerning any real estate in which Goldmine, Inc. leas interest Tliis authority to sign any and all documents and instruments of conveyance and transfer including but not limited to warranty deeds, quit-claim deeds, disclosure forms, closing statements, affidavits, certificates, warranties, and other documents reasonably necessary to consummate a real estate transaction by Goldmine, Inc. as buyer or a seller of real estate. Further, any and all such documents concerning real estate signed by Timothy D, Hancz on behalf of this corporation prior to January 2, 199$ are hereby Ratified, confirmed, and approved. Dated: January 2, 1998 Timothy D. Hancz, So e Director, and Share Holders F11ed in CI~rEc'~ ®ffice 0 C T 0 ~ 1099 LOggTTA J. tX1DA CITY CLERx, Q4. @~t~lD, ldv. TABULATED DATA 1) Gross acreage or square footage: 9702 Sq. Ft. 2) Proposed land use: a) Multi-Family Residential (6 Unit Apartment) b) Off Street Parking 3) Parking ratios as required by ordinance, and number of spaces to be provided: 6 and 6 4) Proposed number and type of units: a) 3 studio apartments b) 3- 1 bedroom apartments 5) Proposed land coverage: % of total lot area square footage a) Buildings 12.51% 1214 Sq. Ft. b) Parking and drives 22.08% 2142 Sq. Ft. c) Open space 63.46% 6346 Sq. Ft. Total 100% 9702 Sq. Ft. 6) Floor area of building by use: a) studio apartment - 450 Sq. Ft. (first floor ) studio apartment - 450 Sq. Ft. (second floor) studio apartment - 450 Sq. Ft. (third floor b) 1 bedroom apartment - 704 Sq. Ft. (first floor) 1 bedroom apartment - 704 Sq. Ft. (second floor) 1 bedroom apartment - 704 Sq. Ft. (third floor) 7) Building Heights: + or - 44 feet . _ .. 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 November 17, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Goldmine, Inc. to zone from "D" Light Industrial, F Height and Area to B Residential, F Height and Area, property located at 409-407 Lincolnway West, City of South Bend - APC #1960-99 Dear Council Members: The above referenced ordinance and site development plan of Goldmine, Inc. was legally advertised November 4, 1999. The Area Plan Commission at its public hearing on November 16, 1999, took the following action: Upon a motion by Lloyd Taylor, being seconded by Lew Powell and carried, the proposed ordinance and site development plan of Goldmine, Inc. to zone from "D" Light Industrial, "F" Height and Area to "B" Residential, "F" Height and Area, propperty located at 409-407 Lincolnway West, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development flan showing one access. This area is currently zoned "D" Light Industrial with multi-fam>Ily and commercial uses. The recently completed Lincolnway West Corridor Plan calls for this block to be zoned for residential use. 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. Si el , ~2~ o er .San RWS:sr Attachment CC: Goldmine, Inc. CC: Benjie Shult CC: Rosemarie L. Apple Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT November 8, 1999 Goldmine, Inc. 1960-99 Location: 409-407 Lincolnway West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "D" Light Industrial, "F" Height and Area to "B" Residential, "F" Height an Area to allow multi-family and extend on-site parking. EXISTING LAND USE: The property currently contains a multi-family dwelling. SURROUNDING LAND USE AND ZONING: Located to the north are homes zoned "B" Residential; and to the east, west, and south are homes and businesses zoned "D" Light Industrial. 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 not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 9702 square feet. Of that, the buildings will occupy 1214 square feet, or 13 percent of the site; the parking and drives will occupy 2142 square feet, or 22 percent of the site; and 6346 square feet or 63 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazard areas, wetlands, or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: 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 area is currently zoned "D" Light Industrial with multi-family and commercial uses. The recently completed Lincolnway West Corridor Plan calls for this block to be zoned for residential use. - o ~ II - -_ Z ~ I -j J I I I I I I I ~ I I I I i_ ~ R~pN MARION ST. M A I ~ ~~I Q ~. ~ ~4, 'yq ~ I rl- c~i~ Cep o / ~ ~N <,~ ~°~ N ~'~ Y ~~ - - L LA SALLE I i I O ~ I I I I 0 J ~-- Q i r i L Q J J Q--~~ i -a i iii AVE. ~[- LL_ ST. to°~I ST. ~--- ~~~ ®-~1 REZ^NING FROM. 'D' LIGHT INDUSTRIAL, 'F' HEIGHT & AREA T^~ 'B' RESIDENTIAL, 'F' HEIGHT & AREA n i S^UTH BEND EXISTING Z^NING 1 'A' RESIDENTIAL D PETITI^N AREA ® APC # 1960-99 'Al' RESIDENTIAL D 'A3' RESIDENTIAL ~~ 0 100 200 400 'B' RESIDENTIAL D r r.r 'C' C^MMERCIAL O ~ ~ ~r ' 'D' LIGHT INDUSTRIAL ~-~ Graphic S c a l e