The URL can be used to link to this page

Home My WebLink About9585-05 Rezoning - 816 South Michigan - District 2ORDINANCE No. 9585-05 Passed by the Common Council of the Ciry of South Bend, Indiana April 25, Attest: 2005 JOHN Attest: ~Q ~ Presented by me to the Mayor of the City of South Bend, Indiana April 26, 20 05 JOHN Approved and signed by me April 27 , 20 05 Ciry Clerk President of Common Council City Clerk Mayor ORDINANCE NO. S gS`~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 816 SOUTH MICHIGAN STREET, COUNCILMANIC DISTRICT #2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is currently zoned "MU" Mixed Use and will be changed to "CB" . Community Business. This rezoning is requested to allow the following uses: Convenience store; Restaurant-Fast Food, Special Use, (2) Food Sales and Service: Including but not limited to: Restaurant drive-In Restaurant Drive Thru and Pumping Service Station (gas pumps). 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: S1/21ot16&17 Ex 40' SO END Bronson's Survey be and the same is hereby established as "CB" Community Business. 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 ouncil Presented by me to the Mayor of the City of South Bend, Indiana on the ~_day of ~ , 2~~, at ~{`-~ o'c~k ~. Approved and signed by me on the ~l~Th day of at G> o'clock ~. m. 2 oc~_ Mayor of the of South Bend 1st READING 2~`~~ DI~ ~ PUBLIC HEARING ~F-LS'oS 0.3 ~„~s~-~~~± 3 rd READING .~ Ls -Q)' ~ <, ~s~-~ NOT APPROVED REFERRED Z ty ~~ A-P- PASSED ~`.L} -Uf d.S ~ ~'~ji ~ File: ~i n! C1~rl:'s Office ~'~'~ _ Z ~acS CITY G'r.e,~:~., 5U. U~;y7, Itt. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 8-05 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 816 SOUTH MICHIGAN STREET, COUNCILMANIC DISTRICT #2 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 correcting zoning classifications. Roland Kelly Chairman _~~ -~ ~, ~-.s - ~ `~ Date Filed Application # r-+; -~ ~~>`' r=' `~ Date Received by the 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 816 South Michigan Street, South Bend, IN 46601. 2) Name and address of property owner of the petition site: BENTON SQUARE LLC, Mr. John Becker 2400 Miracle Lane Mishawaka, IN 46545 Phone - 574-259-2580 3) Name and address of contingent purchaser(s). If applicable: N/A 4) It is desired and requested that this property be rezoned: From: "MU" Mixed Use To: "CB" Community Business 5) This rezoning is requested to allow the following use(s): Food Sales and Services: Convenience Store; Restaurant-Fast Food; Special Use (2) Food Sales and Service: Including but not limited to: Restaurant Drive-In; Restaurant Drive Through, and Pumping Service Station (Gas Pumps). 6) Attached is a copy of (a) legal description of the property; (b) Seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key number for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8 '/z x 11 format. /di Signature of Property Owner John Becker Property Owner Petition Prepared By: Contact Person: Andrew J. Nemeth Andrew J. Nemeth, Managing Partner ,Andrew Nemeth Properties, LLC 922 East Jefferson Blvd., Suite 200 South Bend, IN 46617 (574) 232-3600 Extension 211 e-mail anemeth@nemethproperties.com Flied In Clerk's Cffice 1~4~f'-- - ? ?005 Jti; i~; ~~lUL ~i~tr".. CIiY CLEF~+, v0. BEND, IPJ. STATEMENT OF PURPOSE AND INTENT This statement of purpose and intent is to clearly demonstrate what the owner of the property located at the North East corner of Sample and Michigan Street intends to do on this site. Then owner of said property wishes to construct or cause to construct a building which will be host to the people of the City of South Bend in a variety of capacities: the owner wishes to possess the ability to sell gasoline, convenient store items, food with a drive through restaurant and other items consistent with a "C" Store, convenient store and pumping station. It is our position that allowing for the appropriate zoning change to said property will enhance the look of this commercial district as there will be tasteful landscaping, an attractive looking building and provide convenience for local residents while simultaneously creating new tax base and jobs within the city limits of the City of South Bend. This proposed development will also increase the property values in a distressed area and beautify a challenged corridor. We greatly appreciate your consideration to allow this zoning for the proposed use to better the community in the surrounding area as well as at-large. Thank you for your time and consideration in making South Bend a better place to live work and play. ~~~- ~ Fii~~ (~ ~~~~rz'S C?~ffce FEB ' 9 2005 JO~,~i VJC;~D~ CITY GIER;t, SD. Fi~RID, fN, 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 574 235-9571 www.areaplan.org Fax 574 235-9813 March 17, 2005 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 Benton Square, LLC to zone from "MU" Mixed Use to "CB" Community Business, property located at 816 South Michigan Street, City of South Bend - APC# 2308-OS Dear Council Members: I hereby Certify that the above referenced ordinance of Benton Square, LLC was legally advertised on Thursday, March 3, 2005 and that the Area Plan Commission at its public hearing on Wednesday, March 16, 2005 took the following action: Upon a motion by John McNamara, being seconded by Roland Kelly and unanimously carried, the proposed ordinance and site development plan of Benton Square, LLC to zone from "MU" Mixed Use to "CB" Community Business, property located at 816 South Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation. There are no conflicts with the Comprehensive Plan, and this petition will serve the day-to-day needs to the businesses and workers in the area. Furthermore, there are no conflicts with the adjacent land uses, so there should not be any negative impacts on property values. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a zoning classification different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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 wilt be forwarded to you at a later date to be made a part of this report. Sinc ly t/l/ Robert W. Sante RWS:sr Attachment CC: Benton Square, LLC Andrew J. Nemeth, Managing Partner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2308-OS Owner: Benton Squaze, LLC Location: 816 South Michigan Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "MU" Mixed Use to "CB" Community Business to allow a convenience store, restaurant, and pumping service station (gas pumps). Land Uses and Zoning: On site: On site is a car lot. North: To the north are commercial uses and a church zoned "MU" Mixed Use, and industrial uses zoned "LI" Light Industrial. East: To the east are industrial uses zoned "LI" Light Industrial. South: To the south are commercial uses zoned "GB" General Business. West: To the west is a community center and commercial uses zoned "MU" Mixed Use. 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 entire site to be rezoned is approximately .75 acres. The site plan shows the proposed 3,575 sq. ft. building with the gas pumps adjacent to the west. The plan shows two entrances off of Michigan Street, one from Sample Street, and two from the adjacent alley to the east. Extensive landscaping is shown azound the perimeter of the property, as well as the required foundation landscaping. Zoning and land use history & trends: This property was zoned for commercial uses under the old zoning ordinance. Being along an urban corridor, the area has been historically used for industrial o~r general commercial uses. Traffic and transportation considerations: Michigan and Sample are both arterials with sidewalks and a traffic light at the intersection. Both handle commuter traffic during the day, and experience local and thru truck traffic. Utilities: The site will be serviced by municipal water and sewer. Additional information: (Agency comments) A drainage plan is required. The City Engineer will also require sidewalk improvements and alley improvements if it continues to be used for access. Benton Squaze LLC APC #2308-OS Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Ptan: Policy Plan: There are no conflicts with the Comprehensive Plan. Goal 2, Objective B promotes locating employment uses where conflicts with residential uses are minimized. Objective C encourages the development of businesses to meet the retail and service needs of the area. 2. Current conditions and character: This area has a mixture of commercial, institutional, and industrial uses. Michigan Street is an urban corridor that experiences commuter traffic and truck traffic throughout the day. 3. Most desirable use: The most desirable use for this site is for commercial uses. 4. Conservation of property values: The rezoning of this property should not have a negative impact on the surrounding property values. 5. Responsible development and growth: It is responsible to encourage commercial uses to locate along the major corridors in South Bend. The streets where this site is located are already capable of handling the day-to-day traffic of a °~ heavily urbanized corridor. This use would better serve the commuters, workers, and businesses who use and locate along Sample and Michigan Streets. 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: There are no conflicts with the Comprehensive Plan, and this petition will serve the day-to-day needs to the businesses and workers in there area. Furthermore, there are no conflicts with the adjacent land uses, so there should not be any negative impacts on property values. Benton Square LLC APC #2308-OS Page 2 of 3 LI ~' ~ DD p I DU L ~- (/~ Q ~ CHURC mm mmm mm m m TUTT ST. SCHOOL ~ CJ AR COMMERC l-'I L IOU L Z z I C ~' a ~ mm mmm ~ °;~~~~ C~ mm m m '~ COMMERCIAL = LNDUSTRIAL COMMUNITY (~ CENTER ~„~ SAMPLE ST. COMMERCIAL C MME CIAL GI GB B G OHIO ST. REZONING FROM: "MU" MIXED USE TO: "CB" COMMUNITY BUSINESS SOUTH BEND EXISTING ZONING "LB" LOCAL BUSINESS D "LI" LIGHT INDUSTRIAL O "M U" MIXED USE D "CB" COMMUNITY BUSINESS ~-~ "GI" GENERAL INDUSTRIAL O "GB" GENERAL BUSINESS O Q APC # 2308-05 O 100 200 400 ~~~ Graphic Scale PETITION AREA