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Home My WebLink About9690-06 Rezoning 4324 South Michigan & 119 Norman - District 6ORDINANCE No. 9690-06 Passed by the Common Council of the City of South Bend, Indiana August 14, 20 06 Attest: Attest: Prese~tted by me to the Mayor of the City of South Bend, Indiana August 15, 06 20 City Clerk President of Common Council City Clerk Approved and signed by me A u g ~, s t 16 . Zp 0 6 Mayor ORDINANCE NO. ~ ~O ~ Q ~ ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4324 SOUTH MICHIGAN STREET AND 119 NORMAN STREET, COUNCILMANIC DISTRICT NUMBER FIVE (5) IN THE CITY OF SOUTH BEND, INDIANA THE PURPOSE OF THIS ADMENDMENT IS TO REZONE THE ABOVE PROPERTIES. A ROAD PROJECT HAS CAUSED THE CITY OF SOUTH BEND TO ASK BURKHART ADVERTISING TO RELOCATION ITS EXISTING OFF-PREMISE SIGN OUT OF THE NEW PROPOSED PUBLIC RIGHT- A-WAY. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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: Lot Numbered One Hundred Twelve (112) as shown on the recorded Plat of Myers and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend in Plat Book 10, page 176 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL II: Lot Numbered One Hundred Thirteen (113) as shown on the recorded Plat of Myers and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend in Plat Book 10, page 176 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: Lot Numbered One Hundred Fourteen (114) as shown on the recorded Plat of Myers and Funk's third Plat of Chippewa Heights Addition to the City of South Bend in Plat Book 10, page 176 in the Office of the Recorder of St. Joseph County, Indiana, excepting therefrom a part of said Lot 114 described as follows: Beginning at the Southwest corner of said lot; thence along the western line of said lot Northeasterly 13.49 feet along an arc to the right and having a radius of 229, 133.12 feet and submitted by a long chord having a bearing of North 3 57'55" East and a length of 13.49 feet; thence South 34 44'08" East 15.99 feet to the South line of said lot; thence South 88 12'46" West 10.05 feet along said South line to the point of beginning. PARCEL IV: A tract or parcel of land situate in the Northwest Quarter of section No. 25, Township No. 37 North, Range No. 2 East, bounded by a line running as follows: Beginning at a point where the South line of Walter Street intersects the Easterly line of Michigan Street in said Quarter Section; thence running South-westerly along said Easterly line of Michigan Street 141.69 feet; thence East 159.98 feet along the North line of Lot Numbered 112 in Myers and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend, as recorded in Plat Book 10, page 176 in the Office of the Recorder of St. Joseph County, Indiana to the Northeast corner of the said Lot No. 112; thence South 2.33 feet along the East line of said Lot No. 112; thence East 312.01 feet along the North line of Lots Numbered 12 to 131 inclusive, in said Third Plat of Chippewa Heights, to the West line of a proposed street 24 feet wide, as shown on said Plat; thence Northerly along the West line said street 143.33 feet to the South line of said Walter Street; thence 462.01 feet to the place of beginning, and being known as Lots Numbered 109, 110, 111, 132, 133, 134, 135, 136, 137, and 138 on a proposed plat of Myers and Funk's Addition. Lot Numbered One Hundred and Thirty (130) as shown on the recorded Plat of Myers and Funk's Third Plat of Chippewa Heights, an edition to the City of South Bend. Lot Numbered One Hundred and Thirty One (131) as shown on the recorded Plat of Myers and Funk's Third Plat of Chippewa Heights, an edition to the City of South Bend. The above can also be identified by the following Tax Key Numbers: 23-1025-1444, 23-1025- 1445, 23-1025-1447, 23-1025-1448, and 23-1025-1449. be and the same is hereby established as COMMUNITY BUSINESS (CB) 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 mon Council Att t: Ci lerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~ S-~ day of ~.i_~, 2006, at `~yo o'clock D. .m. `x-11 ~ 0~ City Clerk O,Q,~ Approved and signed by me on the ~~ ~ day of~, 2006, at S o'clock .m. ~~~////// ~- C o Mayor of the Cit of South Bend, Indiana 1 sr READING S~~-~--~5° PUBLIC HEARING ~-l`(-ob 0.S 3 rd READING g_~ `(_Oto Ct NOT APPROVED REFERRED ~nssEn ~ --\`~-ob 0.s 5 ~~~s~-,_-~-t.~Q~ Filcd nl Cierk'S Office JUN 2 9 '~~~ JOHN Vso RBEND, IN. CITY CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 32-06 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4324 SOUTH MICHIGAN STREET AND 119 NORMAN STREET, COUNCILMANIC DISTRICT NUMBER FIVE (5) 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 by spelling street correctly in the title and the word ordinance in the petition. Karen L. White Chairperson Date Filed Date received by the Area Plan Commission Application N 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 properly sought to be rezoned is located at: 4324 South Michigan Street and 119 Norman Street, South Bend, Indiana (Michigan Street (US 31) south of Walter Street) 2) Name and address of property owners} of the petition site: Barclay Corporation c/o Burkhart Advertising P.O. Box 536 South Bend, In 46624 (574) 233-2101 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned From SF-1 To CB 5) This rezoning is requested to allow the following use(s): DUE TO A ROAD IMPROVEMENT PROJECT ALONG MICHIGAN STREET (US 31) BURKHART ADVERTISING HAS BEEN ASKED BY THE CITY OF SOUTH BEND TO RELOCATION ITS EXISTING OFF-PREMISE SIGN 10-20 FEET INTO THE PRPOERTY. THE RECLOCATION WILL INSURE THE INTEGRETY OF THE NEW PROPOSED PUBLIC RIGHT-A-WAY. THE CURRENT ZONING CLASSIFICATION (SF-1) DOES NOT ALLOW FOR CONSTRUCTION OF OFF-PREMISE SIGNS. REZONING WOULD ALLOW BURKHART TO CONTINUE ITS LONG STANDING WORKING RELATIONSHIP WITH THE CITY OF SOUTH BEND. PRIOR TO THE ADOPTION OF THE MOST RECENT ZONING ORDINANCE THESE PARCELS HAD A COMMERCIAL ZONING CLASSIFICATION. 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all properly owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'h" x 11" format. /_3r~~lc~C.~ Signature(s) of All Properly owner(s) or Attorney for all property Owner(s) PETITION PREPARED BY: CONTACT PERSON: (If different) Terry J. O'Brien Terry J. O'Brien c/o Burkhart Advertising c/o Burkhart Advertising P.O. Box 536 P.O. Box 536 South Bend, In 46624 South Bend, In 46624 (574) 233-2101 (574) 233-2101 Tobrien@burkhartadv.com Tobrien@burkhartadv.com Filed In ClerlC'~ Office JUN 2 7 2005 JOF'N VOORDE CITY CLERK, S0. BEND, IN. -ddress ~(~~~ ~(~~~~ mrCl~," aN 5~-~e~~ f II`~ /'Ud~tr~~~/ toning 5 t- -1 ~ b e ~~ Z~ti~ t~ G/~ o'~~ ~-e ~ :ey# - 5-ly4~l 1 NWT 1UU7 IU~~~-1~luR )weer P~G2c~cn~i Cdrt~/l~'~~ ~/ C/c~ /3 i32k11q~~.~- I-1~~~~~(~-~S~ N5 signature :ontact Number_ 5 7~(~ as 5- 0l `~ Dumber of faces ..3 -ize of Sign: 12 x 25 14 x48 Tri-Vision Scrolling O er Cype of Sign: V Back to Back )verallHeight 3S~Hage1 c~3 i hts es~~ no ~g Y setbacks: Front yard 3O Side Yard o2O From edge of Road or Right of Way W q ~ ~{- e~, ~~-yi -e e~ ~l~ ~ ,bl o~. v..r ~' ~ ~.. O ~ ~ ~x~s+,~ss~,v w{l~ b~. bv~~f -~ c~2nenlf ~levelo~~e~ c ~~ 3 zvNr~vS C'~2Gl~'~i9~11C~ ~,.~ • F+y4Hd 30' ~ s/y a~ s,u~Y~,~tt~' ~l~a,oi `)S9,sg ~ HN yy ~ "` o ~, w Filed In ~1e~k's office ~ o o w ~u~~ i ~~ ~ .C ~ ~Oy{{vpOR9E cY. ~~. ~ 7 C~ CI.EF,K, S0. BE~:O, M. ~tS ~i~LE~ ~ c~c~ , a ~( in N LI ) ~ 5, a a N~ ~~~ (indicate pole location) Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 July 19, 2006 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Barclay Corporation to zone from "SF1" Single & Two Family to "CB" Community Business, property located at 4324 South Michigan Street and 119 Norman Street, northeast corner of South Michigan Street and Norman Street, south of Walter Street, City of South Bend - APC# 2384-06 Dear Council Members: I hereby Certify that the above referenced ordinance of Barclay Corporation was legally advertised on Thursday, July 6, 2006 and that the Area Plan Commission at its public hearing on Tuesday, July 18, 2006 took the following action: Upon a motion by John DeLee, being seconded by Richard Warner and unanimously carried, the proposed ordinance and site development plan of Barclay Corporation to zone from "SF1" Single & Two Family to "CB" Community Business, property located at 4324 South Michigan Street and 119 Norman Street, northeast corner of South Michigan Street and Norman Street, south of Walter Street, City of South Bend is sent to the Common Council with a favorable recommendation. Rezoning this site to "CB" Community Business is consistent with the Comprehensive Plan economic policy and the South Gateway Commercial Corridor Action Plan, which recommends the area for commercial use and the site requesting rezoning for non single-family use. The rezoning is an expansion of the western and southern commercial zoning districts. It is compatible with the northern public and western and southern commercial land 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. Sincerely, liV. n W. Byorni JWB:sr Attachment CC: Barclay Corporation Terry J. O'Brien d Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana r Staff Report APC # 2384-06 Owner: Barclay Corporation Location: 4324 South Michigan Street and 119 Norman Street, northeast corner of South Michigan Street and Norman Street south of Walter Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "SF1" Single & Two Family to "CB" Community Business to allow an off-premise sign. Land Uses and Zoning: On site: On site is an off premise sign and wooded undeveloped land zoned "SF1" Single Family. North: To the north is the O'Brien Skate park zoned "SF1" Single Family. East: To the east are single family homes zoned "SF1" Single Family. South: To the south is a car wash and a gas station zoned "CB" Community Business. West: To the west across Michigan Street are a liquor store, a flower shop and a family restaurant zoned "CB" Community Business. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site plan shows the sign structure in the southwest corner of the northernmost parcel of land to be rezoned. All setbacks conform to the Zoning Ordinance. The sign will be located 30 feet from the front property line adjacent to South Michigan Street. The overall height of the sign will be thirty-five (35) feet which is the maximum allowed by the Zoning Ordinance. The sign is shown as having two (2) panels each measuring 14' x 48'. Zoning and land use history & trends: Over the years, this area has transformed from residential uses to predominantly commercial. In 1986, a lazge part of the petition area would have been rezoned from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area had the petitioner not let the site plan expire. Traffic and transportation considerations: The property is bounded by South Michigan Street, Walter Street, and Norman Street. Over 25,000 cars per day pass a point on Michigan Street south of Ireland Road. Utilities: Municipal water and sanitary sewer are available to the site. Bazclay Corporation #2384-06 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Goa12: Encourage the economic development of the county and its municipalities. Goal 2: Objective C: Develop quality business areas to meet the retail and service needs of the planning area. Goal 2: Objective C: Policy x: South Bend will cluster future commercial development in commercial activity centers along major transportation arteries. Strip commercial development will no longer be an acceptable development option. This petition is consistent with the Comprehensive Plan economic policy. Land Use Plan: The Land Use Plan does not designate this area for a specific land use. Plan Implementation/Other Plans: The South Gateway Commercial Corridor Action Plan (July 1998) recommends commercial use south of Chippewa Avenue and along Ireland Road. The Plan designates the petition area as a South Gateway Corridor development site. The proposed uses for the vacant site are, a. Medium density residential, b. Retail, and c. Office. Should this rezoning be approved by the Common Council, it is consistent with the South Gateway Commercial Corridor Action Plan, which recommends the site for non single- family residential land use. 2. Current conditions and character: This area is an emerging commercial and public (O'Brien Skate Park) destination within the City of South Bend. 3. Most desirable use: The most desirable use would be commercial that takes advantage of the high traffic volumes in the area. 4. Conservation of property values: Adjacent residential property values may be negatively affected should this rezoning be approved. 5. Responsible development and growth: It is responsible development .and growth to allow for the expansion of~the commercial zoning district. ' 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. Analysis: Rezoning this site to "CB" Community Business is consistent with the Comprehensive Plan economic policy and the South Gateway Commercial Corridor Action Plan, which recommends the area for commercial use and the site requesting rezoning for non single-family use. The Barclay Corporation ' #2384-06 Page 2 of 3 rezoning is an expansion of the western and southern commercial zoning districts. It is compatible with the northern public and western and southern commercial land uses. Barclay Corporation #2384-06 Page 3 of 3 ti LB ~ SF1 SF1 Walter alter c .~ g SF1 Norman c as g a reland a m w B ~ GB REZONING FROM: "SF~" SINGLE FAMILY RESIDENTIAL TO: "CB" COMMUNITY BUSINESS CITY OF SOUTH BEND ZONING - SOUTH BEND "CB" COMMUNITY BUSINESS SOUTH BEND "GB" GENERIALBUSINESS SOUTH BEND "LB"LOCAL BUSINESS SOUTH BEND "SF1" SINGLE FAMILY RESIDENTIAL SOUTH BEND "SF2" SINGLE FAMILY RESIDENTIAL N W E 5 1 inch ,equals 2a~ feet APC # 2384-d6 Barclay Corporation #2384-06 Page 1 of 1 Rezoning Mailing List Within 300' of 23-1025-1444, 23-1025-1445, 23-1025-1447, 23-1025-1448, and 23- 1025-1449 Tax Key Number 23-1025-1454 Super Wash, Inc. P.O. Box 61270 Morrison, IL 61270 Tax Key Number 23-1025-1329 Viola P Fisher 52660 Jackie Lane South Bend, In 46637 Tax Key Number 23-1025-1344 George C Lybarger 20802 Louise Lane South Bend, In 46614 Tax Key Number 23-1025-1346 Janet M Carson 4325 South Michigan Street South Bend, In 46614 Tax Key Number 23-1025-1347 Jamie Warren Robin Richmond 4126 Fellow Street South Bend, In 46614 Tax Key Number 23-1025-1391 DAAL Realty 1010 North Coliseum Blvd Ft. Wayne, In 46805 Tax Key Number 23-1025-1389 Wendys of Ft. Wayne, Inc. 310 South Dixie Way South Bend, In 46637 Tax Key Number 18-7164-5774 South Bend Community School Corporation 635 South Main Street South Bend, In 46601 Tax Key Number 23-1025-1443 City of South Bend Park Department County City Building South Bend, In 46601 Tax Key Number 23-1025-1456 Joseph Wilk Jr 135 East Norman Drive South Bend, In 46614 Tax Key Number 23-1025-1460 Wennigsen LLC 2410 Grape Road Suite 1 Mishawaka, In 46545 Tax Key Number 23-1025-1459 Magnum Investments, Inc. 2400 Miracle Lane Mishawaka, In 46545 Tax Key Number 23-1025-1473 Robert Wilk 205 East Norman South Bend, In 46614 Tax Key Number 23-1025-1474 Albert J Sipotz Rev Trust 202 East Walters Street South Bend, In 46614 Tax Key Number 23-1025-1452 Joseph Wilk 139 East Norman Street South Bend, In 46614 Tax Key Number 23-1025-1450 Kevin P. Flatt 127 Norman Street South Bend, In 46614 Tax Key Number 23-1025-1331 Steven & Lori Borders 1815 Elizabethan South Bend, In 46614 ~r~ ~Y~~~~ ~1t~~ r~~. „ ~~~~ _ ~.. ,~