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Home My WebLink AboutRezoning - 5414 West SampleORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana April 12, 19 99 Attest: Attest: April 14, Presented by me to the Mayor of the City of South Bend, Indiana April 13, 8997-99 City Clerk President of Common Council 19 99 City Clerk Approved and signed by me 19 99 :~~1'cfL,~ -._-- Mayor ~-c~,~ ORDINANCE NO . g `~ ~ ~ - . ~ `~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT _.5414 WEST.SAMPLE STREET, CITY OF SOUTH BEND, INDIANA, 46619 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: PARCEL I. THAT PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CTTY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAMPLE STREET {A.K.A. GRANT ROAD) WHICH IS N. 90° -00~-00" W., 230.43 FT.+/- WEST OF THE WEST LINE OF MAYFLOWER ROAD; THENCE S. 00°-00~-00" E., 420.00 FT.+/-; THENCE N. 90°-00'-00" W., 227.43 FT.+/-; THENCE N. 00°-OG'-00" W., 420.00 FT.+/- TO THE SOUTH LINE OF SAMPLE STREET; THENCE S. 90°-00'-00" E. ALONG SAID SOUTH LINE, 227.43 FT. TO THE POINT OF BEGINNING. CONTAINING 2.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL,"A" HEIGHT & 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. MEMBER OF THE COMMON COUNCIL 1st READING .2- D ~~ 9 PUBLIC HEARING c.t_(L_~~ 3rd READING ~{-lL_9 ~ NOT APPROVED REFERRED PASSED ~1-~z-`~~ ~il~d ire ~i~r1~'s ~f~ic~ FEB 0 ~ 1999 LaRTfA J. D~i1DA CITY CtEl~'~, :'.0. D~tSD, 0'~, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 5414 WEST SAMPLE STREETS 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. Charlotte Pfeifer Chairman LEGAL DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAMPLE STREET (A.K.A. GRANT ROAD) WHICH IS N. 90°-00'-GCS" W., 230.43 FT.+/- WEST OF THE WESo LINE OF MAYFLOWER ROAD; THENCE S. 00°-00'-00" E., 420.00 FT.+ W., 227.43 FT.+/-; THENCE N. 00°-00'-00" W. /-% THENCE N. 90 -00'-00" SAMPLE STREET; THENCE S. 90°-00'-00" E. ALONG•SAIDTSOUTHTLINEE 2~7T43LFTE TO THE POINT OF BEGINNING. CONTAINING 2.19 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. FED 0 4 ~9y9 LCRcTT~i J. Q1JD~ CiT1(CLERK, ~O. ~lEliC, ltc. REVISED 3/4/99 DATE FILED APPLICATION NO. DATE RECEIVED BY 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 SOUGHT TO BE REZONED IS LOCATED AT: 5414 WEST SAMPLE STREET SOUTH BEND, INDIANA 46619 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: AMERICAN LEGION POST 357 1606 WEST WESTERN AVENUE SOUTH BEND, INDIANA 46619 PHONE NUMBER (219) 237-9189 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "C" COMMERCIAL "A" HGT & AREA "C" COMMERCIAL, "F" HGT & AREA & "D" LIGHT INDUSTRIAL, "A" HGT & AREA TO "C" COMMERCIALR "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). LODGE/PRIVATE CLUB, WITH RENTAL BANQUET FACILITIES (CONTROLLED USE) 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; (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 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 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. SIGNED, ~~ mil, BOB PRZYBYL K - FINANCE MANAGER AMERICAN LEGION POST 357 PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 f~9~R - `:; ~y99 4 PEIRCE & ASSOCIATES Land Surveyors ^ Professional Engineers MICHAEL J. DANCH, L.A. Landscape Architects ^ Planners RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of February 3, 1999 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for American Legion Post 357 5414 West Sample Street, South Bend, Indiana: Dear Council Members: Our clients are requesting the Rezoning of their property at 5414 West Sample Street, South Bend, Indiana to allow for the construction of a new American Legion Post 357 facility to be located on the south side of Sample Street west of Mayflower Road. Our clients believe the proposed new building will be a compliment to the existing neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Peirce & associates, Inc. File # 990125 Lewp Md Disk # 99-1 Filets in ~i~r~:'s ~ffc~ FE 3 0 3 19G9 LOAeTfS:.:. D~1J! CITY GLERK,'30. F3Etra. li:~. 3231 Sugar Maple Court ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 office 2191234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 office 6161471-3010 ^ Fax 6161471-7237 Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 March 17, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 RE: A proposed ordinance and site development plan of American Legion Post 357 to zone from "C" Commercial, "A" Height and Area, "C" Commercial, "E" Height and Area and "D" Light Industrial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 5414 West Sample Street, City of South Bend - APC #1906-99 Dear Council Members: The above referenced ordinance and site development plan of American Legion Post 357 was legally advertised March 4, 1999. The Area Plan Commission at its public hearing on March 16, 1999, took the following action: Upon a motion b~ David McKee, being seconded by Richard Knoblock and unanimously carried the proposed ordinance and site development plan of American Legion Post 357 to zone from "Cj' Commercial, "A" Height and Area, "C ' Commercial, "E" Height and Area and "D" Light Industrial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 5414 West Sample Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This use would be in keeping with the existing zoning and the surrounding uses. 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. Sinc ly, ~~ Robert W. Sa e RWS:sr Attachment CC: American Legion Post 357 CC: Peirce & Associates ~ile~ it ~f~r~t'.~ ~~f~~~ P•1AR 1 ? 1999 LOTtETTd1 J. d1)OA crrv ct.F~l;, so. aFtro, ire. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana . ~ ~ Am ri an L ion P st 7 1 06-99 Location: 5414 West Sample Street City of South Bend STAFF REPORT March 8, 1999 REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "A" Height & Area; "C" Commercial, "E" Height & Area; and "D" Light Industrial, "A" Height & Area to "C" Commercial, "A" Height & Area to allow a private club with banquet facilities. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a business zoned "C" Commercial in the county; to the east are businesses zoned "C" Commercial, "A" & "E" Height & Areas; to the south is a mobile home park zoned "B1" Residential "A" Height & Area; and to the west are mini-warehouses zoned "D" Light Industrial, "A" Height & Area. ACCESS: Access to the site is from Sample 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 2.19 acres. Of that, the building will occupy 10,000 square feet, or 10 percent of the site; the parking and drives will occupy 61,940 square feet, or 65 percent of the site; and 23,581 square feet or 25 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 hazards are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: A loading dock must be shown on the final site plan. 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 a favorable recommendation, subject to a final site plan. This use would be in keeping with the existing zoning and the surrounding uses. H ~ - ~N' ~ ~ J m DUNHAM (-1 ST. w J W GRANT II II li II II II II II 0 O 3O J J 0 D~a I PETITION AREA-J o ~ ~, (C~e~ w 3 0 ST. I REZONING FROM: "C" COMMERCIAL, "A" HEIGHT & AREA AND "E" HEIGHT & AREA, AND "D" LIGHT INDUSTRIAL, "A" HEIGHT & AREA T0: "C" COMMERCIAL. "A" HEIGHT & AREA PETITION AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL D "B" RESIDENTIAL (MULTI-FAM.) O "61" RESIDENTIAL ~~ APC # 1906-99 " ~~ (M081LE HOME PARK) C COMMERCIAL D "C1" COMMERCIAL (LIMITED) O 0 goo soo aoa coo "D" LIGHT INDUSTRIAL O Graphic Seole SOUTH BEND EXISTING ZONING "R" RESIDENTIAL ~-~ "C" COMMERCIAL D J n. 3 W U FLORAL ~~ ~ h~• p(. D O SAMPLE L- ~ ~ 111 ~ w ~ U ®~~ ~ _~ MAYFLOWER /\ 00 ~~ 00 0 0