The URL can be used to link to this page

Home My WebLink AboutRezoning 4134 Lincolnway Westi. r. ~ d~ ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana. November 10, 19 97 Attest: .Arrest: City Clerk Presented by me to the Mayor ojthe City of South Bend, Indiana November LORETTA J. President of Common Council 12, I9 97 /~1 ~-r~c~ <L~. Approved and signed by me i~lovemher i ~ 19 97 City Clerk Mayor 8841-97 ORDINANCE NO. ~ U ~'r ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4134 LINCOLNWAY WEST IN THE CITY OF SOUTH BEND, INDIANA, 46628. 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 SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 38 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 SAID SECTION 33 AND THE CENTERLINE OF EDI50N ROAD (A.K.A. ELWOOD AVENUE) WHICH IS S. 89°-01'- 10" W., 597.30 FT. MORE OR LESS FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE CONTINUING ALONG SAID CENTERLINE S. 89°-O1'-10" W., 472.20 FT. MORE OR LESS; THENCE N. 00°-41'-30" W., 200.00 FT. MORE OR LESS; THENCE N. 89°- 01'-10" E., 200.00 FT. MORE OR LESS; THENCE N. 00°-41'-30" W., 247.31 FT. MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLNWAY WEST (U.S. # 20); THENCE S. 68°-30'-00" E. ALONG SAID SOUTH LINE, 101.93 FT. MORE OR LESS; THENCE S. 00°- 41'-30" E., 150.00 FT. MORE OR LESS; THENCE S. 68°-30'-00" E., 193.17 FT. MORE OR LESS TO THE EAST LINE OF AN UN-NAMED 40 FT. WIDE STREET AND THE WEST LINE OF THE PLAT OF "BRENTWOOD ESTATES 2ND ADDITION" AS SHOWN IN PLAT BOOK # 20 ON PAGE "B-8" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 00° -41'-30" E. ALONG THE WEST LINE OF SAID PLAT, 184.60 FT. TO THE POINT OF BEGINNING. CONTAINING 2.74 ACRES MORE OR LESS. _SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL, !'C" 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 C MMON COUNCIL 1st READING ~" ' ~/~~++~~ <, "JBLIC NEARING ~ IC,./ ' l 7 rc~ READING ~J- ~(~~ ~' ~T APPROVED ~_rEP,RED ;'ASSED ~~ ~~~~~j7 .~~i t.~a ~, Tse 5-~4Y B~t 3~,. ~dyhgs~. I SCP - ~ 1997 LCD^?'T71~ d. OUP=`; •., . COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred BILL NO. 87-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4134 LINCOLNWAY WEST, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably. Sean Coleman Chairman REVISED 9/22/97 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: 4134 LINCOLNWAY WEST SOUTH BEND, INDIANA 46628 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: EUGENE MC GARVEY & KEITH VIAL 4134 LINCOLNWAY WEST SOUTH BEND, INDIANA 46628 PHONE NUMBER (219) 232-1212. 3). NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: ANUP JAIRAM 3431-2B BAY POINTE DRIVE ELKHART, INDIANA 46514 (219) 266-8735 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "B" RESIDENTIAL & "C" COMMERCIAL , "A" & "E" HEIGHT & AREA TO "C" COMMERCIAL , "C" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). 70 ROOM HOTEL. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS 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, PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 S"'~"'-" SEP 2 ~ i~97 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 38 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH I5 DESCRIBED AS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SECTION 33 AND THE CENTERLINE OF EDISON ROAD (A.K.A. ELWOOD AVENUE) WHICH IS S. 89°-01'- 10" W., 597.30 FT. MORE OR LESS FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE CONTINUING ALONG SAID CENTERLINE S. 89°-O1'-10" W., 472.20 FT. MORE OR LESS; THENCE N. 00°-41'-30" W., 200.00 FT. MORE OR LESS; THENCE N. 89°- 01'-10" E., 200.00 FT. MORE OR LESS; THENCE N. 00°-41'-30" W., 247.31 FT. MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE OF LINCOLNWAY WEST (U.S. # 20); THENCE S. 68°-30'-00" E. ALONG SAID SOUTH LINE, 101.93 FT. MORE OR LESS; THENCE S. 00°- 41'-30" E., 150.00 FT. MORE OR LESS; THENCE S. 68°-30'-00" E., 193.17 FT. MORE OR LESS TO THE EAST LINE OF AN UN-NAMED 40 FT. WIDE STREET AND THE WEST LINE OF THE PLAT OF "BRENTWOOD ESTATES 2ND ADDITION" AS SHOWN IN PLAT BOOK # 20 ON PAGE "B-8" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 00° -41'-30" E. ALONG THE WEST LINE OF SAID PLAT, 184.60 FT. TO THE POINT OF BEGINNING. CONTAINING 2.74 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~wr#yr'+r :C~~ doe Yw" ~ i~g~ ~ii L i. : a s ,.. i ~r~-~ 1997 ~. t.3 a i~ re,.:-"1~~! t'?ry. ~P:1 1~~ ~1.1. Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 October 22, 1997 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 13i~~ Nn 6 ~ RE: A proposed ordinance and site development plan of Eugene McGarvey and Keith Vial to zone from "B" Residential and "C" Commercial, "A" and "E" Height and Area to "C" Commercial, "C" Height and Area, property located at 4134 Lincolnway West, City of South Bend - APC #1797-97 Dear Council Members: The above referenced ordinance and site development plan of Eugene McGarvey and Keith Vial was legally advertised October 9, 1997. The Area Plan Commission at its public hearing on October 21, 1997, took the following action: Upon a motion by Joseph Serge, being seconded by Carl Littrell and unanimously carried, the proposed ordinance and site development plan of Eugene McGarvey and Keith Vial to zone from "B" Residential and "C" Commercial, "A" and "E" Height and Area to "C" Commercial, "C" Height and Area, property located at 4134 Lincolnway West, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. There is "C" Commercial zoning to the north, east and west of the site. It is the Commission's opinion that rezoning the petition area to "C" Commercial is in keeping with the character of the commercial uses that have developed along Lincolnway West. 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 erely, ~" ~GG~~~ Robert W. Sante RWS:sr Attachment CC: Eugene McGarvey and Keith Vial CC: Anup Jairam CC: Peirce & Associate Area..Plan Commission of St. Joseph Count. 1140 County-City Building South Bend, Indiana 46601 Filed in C[erk's Office OCR 2 2 1997 LORETTA J. OUDA CRY CLERKp 80.8END~ IN. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT October 10, 1997 Euc7ene McGarvev and Keith Vial 1797-97 Location: 4134 Lincolnway West City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential and "C" Commercial, "A" and "E" Height and Area to "C" Commercial, "C" Height and Area to allow a hotel. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are commercial businesses zoned "C" Commercial, "E" Height and Area, to the east are commercial businesses zoned "C" Commercial, "C" Height and Area, to the south are single family homes zoned "A" Residential, "A" Height & Area and to the west are commercial businesses zoned "C" Commercial, "E" Height and Area. ACCESS: Access to the site is from Lincolnway West (U.S. 20). 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 2.17 acres. Of that, the buildings will occupy 12,150 square feet, or 13 percent of the site; the parking and drives will occupy 1.2 acres or 55 percent of the site; and 28,900 square feet or 32 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood 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 and subject to screening along the entire south property line to serve as an effective buffer between the site and the residential area across Edison Road. There is "C" Commercial zoning to the north, east and ~ - STAFF REPORT October 10, 1997 west of the site. It is the Staff's opinion that rezoning the petition area to "C" Commercial is in keeping with the character of the commercial uses that have developed along Lincolnway West. `~ • 1 ff Q O 3 w J \ a Q ~ dRv ~ Nwq y •-~'S o: 0 ( ~_]~ W COMMERCIAL U W ( ~ I I I ~. s ~[ I COM® ~ O I COM® N I h J I I COMMERCIAL u 0 v I 0 I PETITIO Z Y ~fsr i 7 AREA ///~~~\ h L-1(/ v ELWOOD R D . ® ~ R~ a COMMERCIAL £C {yo RES. ~. ~. RES. RES 3 ~ ,us. oo . W eo. ; A V O ~ U W R'- ~-+ RES. Z ~ ~ t°~D IIR 1- Q ~ ~ 0 O ~ Ica. ~ O Z R[a. ~ iRS. REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT & AREA, "C" COMMERCIAL, "E" HEIGHT & AREA, & T0: PETITION AREA "C" COMMERCIAL, "C" HEIGHT & AREA ® N SOU TH BEND CITY ZONING "A" RESIDENTIAL O APC #1797-97 "B" RESIDENTIAL O "C" COMMERCIAL O "D" LIGHT INDUSTRIAL O 0 100 200 400 ST. JOSEPH CO. Z ONING r r ~- "R" RESIDENTIAL 0 Graphic S c a l e "C" COMMERCIAL O O~ ~~ ~C F S. PEIRCE & ASSOCfATES Land Surveyors & Professional Engineers H. Douglas Peirce L.S. Ronald Harner L.S. Michael J. Danch L.A. Michael A. Bramlett P.E. Honorable Members of the City of August 22, 1997 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Eugene Mc Garvey & Keith Vial 4134 Lincolnway West, South Bend, Indiana: Dear Council Members: Our clients are requesting the Rezoning of their property at 4134 Lincolnway West, South Bend, Indiana to allow for the construction of a 3 story, 70 room hotel to be located east of the Ponderosa restaurant. Our clients believe the proposed hotel facility will be a compliment to the existing commercial uses along Lincolnway West and will be ideally located for persons visiting South Bend and entering the city through the Michiana Regional Transportation Center. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, r-. Michael J. Da ch Vice President Planning File # 971083 Lewp Md Disk # 90 SEA - ~ 1997 -o_ L®.~=Ti's J. ___ t5uc', 3231 Sugar Maple Court, South Bend, Indiana 46628 219/234-4003 Fax 219/234-4119 208 West Mars, Berrien Springs, Michigan 49103 616/471-3010 Area Plan Commission of St. Josaph 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 April 20, 1998 Ms. Loretta J. Duda, City Clerk 4th Floor, County-City Bldg. South Bend, Indiana 46601 RE: Eugene McGarvey and Keith Vial 4134 Lincolnway West APC No. 1797-97 Dear Ms. Duda: Enclosed are five (5) copies of the Final Site Plan for the above referenced petition, approved by the Area Plan Commission Staff on April 20, 1998. This rezoning to "C" Commercial, "C" Height and Area, was passed by the Common Council on November 10, 1997, and assigned Ordinance Number 8841-97. If you have any questions, please don't hesitate to call. cerely, C)`"~ i Voll S nior Planner JV:sr Enclosures Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana