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Home My WebLink About14-18 Rezone- Michiana Auto Sales LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (S74) 235-9571 March 6, 2018 Honorable Common Council Filed in Clerks Office 4th Floor, County-City Building South Bend, IN 46601 BAR 0'7 208 b KAREEMAi F6v'�LER RE: 1619 South Michigan Street CITY CLERK,SOUTF4 REND, IN APC# 2865-18 -- Dear Council Members: Enclosed in an Ordinance for the proposed Zone Map Amendment at the above referenced location.Please include the attached Ordinance on the Council agenda for first reading at your March 12, 2018 Council meeting, and set it for public hearing at your April 23, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the April 17, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, Jordan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N Filed in Clerk's Office BILL NO. 14-18 MAR 0 7 2018 ORDINANCE NO. KgREEtvjhri FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 1619 S MICHIGAN STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LB to CB for automobile sales and carry-out restaurant. 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: Part of the West half of the Southwest Quarter of Section 13, Township 37 North, Range 2 East, St. Joseph County, Indiana being more particularly described as follows: Commencing at a point on the West line of Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley, a distance of 132 feet; Thence East, parallel with the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165 feet; Thence North, along the West line of said Michigan Street, a distance of 132 feet to the Point of beginning Containing 0.50 acres more or less, subject to all legal easements. be and the same is hereby established as CB: Community Business District. SECTION II. That a Special Exception Use for Automobile Sales in a CB: Community Business District is hereby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION IV. 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, and full execution of any conditions or Commitments placed upon the approval. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of ,2018,at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2018, at o'clock .m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ZONE MAP AMENDMENT City of South Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1619 South Michigan Street, South Bend,Indiana 46613 2) The property Tax Key Number(s)is/are: 018-8008-039101 3) Legal Descriptions: Part of the West half of the Southwest Quarter of Section 13,Township 37 North,Range 2 East, St.Joseph County,Indiana being more particularly described as follows: Commencing at a point on the West line of Michigan Street, 163 feet South of the North line of said West half of the Southwest Quarter of Section 13 for the Point of beginning; Thence running West along the South line of a 20 foot alley to the East line of a 14 foot alley, a distance of 165 feet; Thence South, along the East line of said 14 foot alley,a distance of 132 feet; Thence East,parallel with the South line of said 20 foot alley to the West line of said Michigan Street, a distance of 165 feet;Thence North, along the West line of said Michigan Street,a distance of 132 feet to the Point of beginning Containing 0.50 acres more or less, subject to all legal easements. 4) Total Site Area: 0.50 acres 5) Name and address of property owner(s)of the petition site: Filed in Clerk's Office Delta One Properties,LLC 1619 South Michigan Street South Bend, Indiana 46613 MAR 0 7 2018 Name and address of additional property owners,if applicable: KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN 6) Name and address of contingent purchaser(s), if applicable: !� Jay Amer&Amjad Ahmed Michiana Auto Sales 1619 South Michigan Street South Bend,Indiana 46613 574-326-46613 Name and address of additional property owners, if applicable: - FILED- 7) It is desired and requested that this property be rezoned: MAR 05 2018 From: LB Local Business District AREA PLAN Application# 942S— I To: CB Community Business District 8) This rezoning is requested to allow the following use(s): Automobile Sales And Carry-out Restaurant IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) A variance from the required foundation landscaping to no foundation landscaping A variance from the required parking lot screening to no parking lot screening A variance from the required interior parking lot landscaped islands to no interior parking lot landscaped islands 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community:we will not be changing any property lines,building or the parking lot (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and:The use of the said parcel will be an automobile sales and a carry out restaurant that will use the existing building and parking lot. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: by not letting the property owners to benefit from the most applicable use of their property. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) The Special Exception Use(s)being requested:to have an automobile sales on said parcel 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: as there is no request being made of any purpose other than to use the existing parking lot and building for a automobile sales and a carry out restaurant (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: there will be no changes made to said parcel,the parking lot will exist as it is and the building will be a carry out restaurant and small office spaces. (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein;and: by allowing the existing building and parking lot to remain. (d) The proposed use is compatible with the recommendations of the Comprehensive Plan.No property lines will be changed and there are no property line encroachments exist or are proposed. * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Lang, Feeney&Associates,INC Filed in Clerk's Office 715 South Michigan Street --—--- South Bend,Indiana 46613 MAR 7 2018 -FILED - 574-233-1841 KAREEMAH FOWLER MAR 0 5 2018 CITY CLERK SOl1TH BEND,IN --�- '- -,-- ------ AREA PLAN C�KQIISSION A lication# BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s),or signature of Attorney for all property owner(s): r Delta One Properties,LLC Filed in Clerk's Office MAR 07 2018 KAREEMAH FOWLER CITY CLERK,SOUTH SENp_ IN -F 1IJE - MAR 05 2018 AREA PLAN COW 6-1 Application# ' a, 8 = _U U o 1g@ p Z Z Q w m cn Q Z Z � � w II w Q) O c o C7 D S o _ > G W�, C) c) Li V� p W cn O LO I t a t U) z a o mww � � � = z W CD w Z N � Y o Z , oz°(n OC) -Lj = Q w C O I F o h0- U a i n a a aZ0 Z Sw cn 1{ -C .0 s _ � � wZ Q 1 , W � w n w �oNw Cw-� C) ui—i V1 � F- � w a � Ln � z w � oN I z � � � QZ (nq cn A c � — W w c9 L i L�J ° 4 w o cY II v 7 O (n S Z Q W J = Q N Q) Z Q cn F- L° J r N a w W \D O 2 L {J' w IyJ J Q v W C V) m a1 O 3 O � � � Q ' u Ocnaw � � r� W Owwm = - QOM Ltd O n Z wawa J Z z ¢ II Oz = � F-- q S 0 - a U F—. 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