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Home My WebLink AboutZoning - 323 South Main st • . • • ORDINANCE No. 8658-96 Passed by the Common Council of the City of South Bend, Indiana. February 26, tq 96 Attest: �« _i._ _ City Clerk LORE TA J. DDA AttesT � - President of Common Council � f Presented by me to the Mayor of the City of South Bend, Indiana— February 27, 96 i9 _Atj /' L AL.. City Clerk LORET ►• J. ' DA Approved and signed /,G' Apr by me 19 Mayor ORDINANCE NO. 5658-96 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 323 SOUTH MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA 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: All of Lot Numbered Two Hundred Seventy-four(274) as shown on the original Plat of the Town,now City of South Bend, excepting therefrom the following tract: Beginning at the Northeast corner of said lot; running thence South on the East line thereof a distance of Twenty-two(22)feet;thence West Ninety(90) feet; thence North Twenty-two(22) feet to the North line of said lot; thence East on said North line a distance of Ninety(90)feet to the place of beginning, and a lot or parcel of land 34 feet in width, North and South, taken off and from the entire length of the North side of Lot Numbered 275 as shown on the original Plat of the Town, now City of South Bend, Commonly known as 323 South Main Street, be and the same is hereby established as"C" Commercial Zoning District, "G" Height and Area District. SECTION II. This ordinance shall be full force and effect from and after its passage by the Common Council, approval by the mayor,and legal publication. Memb f the C mon Council • fluammi##rr mart Qin the Ql nunon Qlounrit of tip CV of'oufli end: Your Committee of the Whole to whom was referred BILL NO. 86-95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 323 SOUTH MAIN STREET, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Cleo Washington, Chairman FREE PRESS GPIEON PUBLISHING CO. Date Filed • Application No. Date received by the Area Plan Commission 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: 323 South Main Street. 2) Name and address of property owners of the petition site: Ronald W. Medow and Harold Silberman; Mr. Stephen J. Sommers, President, AJSS Property Management(Land contract holder) 323 South Main Street South Bend, IN. 46614 282-2000 3) Name and address of contingent purchasers,if applicable: None 4) It is desired and requested that this property be rezoned from"D"Light Industrial Zoning District, and"G"Height and Area District to"C"Commercial Zoning District,and"G"Height and Area District 5) This rezoning is requested to allow the following uses: Printing and instant copy business,restaurant,and residential(apartments). Residential use to be by Special Exemption of the Zoning Board of Appeals. 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;and (c)five(5)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 fmal 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. /etlk-,141 4t4 Ronald W. Medow PaA'IV Harold Silberman Antistro - i Steph;, J. /11 II ers PETITION PREPARED BY: AREA PLAN -COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219)235-9571 FAX(219)235-9813 January 17, 1996 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Ronald W. Medow, et al, to zone from "D" Light Industrial, "G" Height and Area to "C" Commercial, "G" Height and Area, property located at 323 South Main Street, City of South Bend - APC #1698-95 Dear Council Members: The above referenced ordinance and site development plan of Ronald W. Medow, et al was legally advertised January 4, 1996. The Area Plan Commission at its public hearing on January 16, 1996, took the following action: Upon a motion by Joseph Serge, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Ronald W. Medow, et al, to zone from "D" Light Industrial, "G" Height and Area to "C" Commercial, "G" Height and Area, property located at 323 South Main Street, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. A large part of the city's Central Business District was zoned for industrial purposes when zoning was first instituted. Much of the area now zoned "D" Light Industrial, including the subject property, should be rezoned to "C" Commercial. 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. Sincerel , W. 4/At- obe RWS:sr Attachment CC: Ronald W. Medow, et al CC: Morgan J. Sweeney Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN a c • STAFF REPORT January 8, 1996 Ronald W. Medow, et al 1698-95 Location: 323 South Main Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "D" Light Industrial, "G" Height and Area to "C" Commercial, "G" Height and Area to allow allow a residential use as a Special Exception in addition to the existing restaurant and printing business located in the building. EXISTING LAND USE: The property contains a commercial structure. SURROUNDING LAND USE AND ZONING: Located to the north are commercial buildings and parking lots zoned "D" Light Industrial, "G" Height and Area; to the east the public library zoned "C" Commercial, "G" Height and Area; to the south is an auto sales lot zoned "D" Light Industrial, "G" Height and Area; and to the west are parking lots zoned "D" Light Industrial, "G" Height and Area. . ACCESS: Access to the site is from Main Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 14,673 square feet. Of that, the buildings will occupy 8, 734 square feet, or 60 percent of the site and the parking and drives will occupy 5,939 square feet, or 40 percent of the site. 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 final. AGENCY COMMENTS: Y , BLVD . JE'FFERSON — 1 283 58 1 259 294 - J�, 397 2 10 I _ — -I L I -2-619 293 284 _ - — —.- 260 wy 398 - - - - _ -- - 1 - 261 :cL; : - - 56�r.r.�55 I 'Lj 267 262 - I- I I _� > 266 263 290 287 -- - I 401 I b� _1- - - - J _ I 1.3 1 402 m 265 264 289 - -2-8-8- - ^N N N ST . WAYNE �� N N v 1 1 17 ' I 28$ 271 306 1 2995 vN I - -403- _ I C 7 1 t6 - _4-Bd- - - 281 272 305 - _296- - o } 19 . g r..).. 97 7 �� 20 � 280 273 - -304 C_�/'��/—�J\ ,� — .�. _ --5 I 21 - 406 _ 279 `}':.:.$:::::::i _ _ 303_` _ - - - 302 299- - I - -4.0L7- - 278 , 22 23 = 6 I - - - - - 277 301 300 Ad 408 WESTERN PETITION AREA A V E . 1 24 _ 61 49 37 25 13 ( 7 I 25 - - - - - 62 50 38 26 14 3 ( 26 I 51 39 27 I 15 .._�_ - � 27 63 W � Z 5 28 n.,-f W 52 _-3,f_ 40 - - 2�- c - 0 C 0 a 6 � 29 - z _ _ 65 53 _ - 41 - - - 29 1 17 0 it- ;, ` 3� Q — _ Q __R-_ - -"\ �'3-� \ 66 -'1 54 42 - - cL 30 I 16 ■ i -3ov .\ MONROE ST . 1 32 8-7I- - - 413 :; ± L : _ 7 (- �oLl REZONING FROM: "D" LIGHT INDUST., "G" HEIGHT Sc AREA TO: "C" COMMERCIAL, "G" HEIGHT & AREA PETITION AREA 1:: o>: :a • SOUTH BEND ZONING APC #1698-135 "C" COMMERCIAL I I 0 100 200 "D" LIGHT INDUSTRIAL I I P 2 Graphic Scale LEGAL DESCRIPTION OF 323 SOUTH MAIN STREET PROPERTY 12-5-95 All of Lot Numbered Two Hundred Seventy-four(274) as shown on the original Plat of the Town,now City of South Bend, excepting therefrom the following tract: Beginning at the Northeast corner of said lot; running thence South on the East line thereof a distance of Twenty- two(22) feet;thence West Ninety(90)feet;thence North Twenty-two(22)feet to the North line of said lot;thence East on said North line a distance of Ninety(90)feet to the place of beginning, and a lot or parcel of land 34 feet in width,North and South,taken off and from the entire length of the North side of Lot Numbered 275 as shown on the original Plat of the Town, now City of South Bend. Subject to taxes, easements, and restrictions of record.