HomeMy WebLinkAbout8591-95 Zoning - 2130 Mishawaka Ave ORDINANCE No. 8591-95
Passed by the Common Council of the City of South Bend, Indiana.
April 10, /9 95
Attest: City Clerk
IRENE K. GAMMON
of President o Common Council
Presented by me to the Mayor of the City of South Bend, Indiana_
April 11, 95
19
City Clerk
IRENE K. GAMMON
5
Approved and signed by me /a. i�
Mayor
RDINANCE #
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59/-- �5
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 2130, MISHAWAKA AVENUE,
CITY OF SOUTH BEND, INDIANA
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
INDIANA:
SECTION 1 : ORDINANCE # 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, SAINT JOSEPH CO. IND. U.S.A.
A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP,
CITY OF SOUTH BEND, INDIANA, U.S.A AND DESCRIBED AS FOLLOWS:
LOTS 1 , 2 AND NORTH 20 FEET OF LOT 3 OF THE ORIGINAL PLAT OF
RIVER PARK ADDITION AS RECORDED UNDER BOOK 6 PAGE 5 DATED
APRIL 7, 1892, AT THE OFFICE OF THE RECORDER, COUNTY OF
SAINT JOSEPH, INDIANA, UNITED STATES OF AMERICA. SUBJECT TO
THE RIGHTS OF PUBLIC UTILITIES AND EASEMENTS OF RECORD.
ALSO SUBJECT TO CONTINUED USE OF EXISTING CURB CUTS ALONG
MISHAWAKA AVENUE AND IRONWOOD ROAD.
BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL
"F" HEIGHT AND AREA.
SECTION 2. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT
FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY
THE MAYOR, AND LEGAL PUBLICATION.
Pc RESENT OF THEE OMMON COUNCIL
APPROVED BY:
1 st READING 2- -35 in Clerk Office
PUBLIC HEARING y-/Q-qs saazzemasuumarasoecnsoaucoral
a rd READING ld-Cf,5--
NOT APPROVED I FEB " 7 1995
REFERRED
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3:ENEGA d
PASSED 7
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DATE FILED APPLICATION #
DATE RECEIVED BY THE AREA PLAN COMMISSION:
I THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND TO AMEND THE ZONING ORDINANCE AS HEREIN
REQUESTED:
1 . THE PROPERTY SOUGHT TO BE REZONED IS LOCATED AT 2130,
MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615.
2. THE NAME AND ADDRESS OF THE PROPERTY OWNER REQUESTING THE
ZONING CHANGE IS: MARATHON OIL COMPANY, 448, CHAMBERLIN
DRIVE, SOUTH BEND, INDIANA 46615 . JEFFREY D. BROADWICK
REPRESENTATIVE FOR MARATHON OIL COMPANY.
3. IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED
FROM "C" COMMERCIAL"A" & "D" HEIGHT & AREA AND "A"
RESIDENTIAL "A" HEIGHT & AREA TO "C" COMMERCIAL "F" HEIGHT
AND AREA.
4. THIS REZONING IS REQUESTED TO ALLOW CONTINUED USE OF THE
PROPERTY FOR PETROL DISPENSING WITH A CONVENIENT MART AND
A SELF SERVE SINGLE BAY CAR WASHING FACILITY.
5. ATTACHED PLEASE FIND (a) LEGAL DESCRIPTION OF THE PROPERTY,
(b) A LIST OF NAMES AND ADDRESSES OF PROPERTY OWNERS RESIDING
WITHIN 300 FEET OF THE PROPERTY TO BE REZONED, (c) FIVE
PRINTS OF THE SITE PLAN, (d) SELF ADDRESSED AND STAMPED
ENVELOPES FOR ALL PROPERTY OWNERS RESIDING WITH IN 300 FEET.
6. BY SIGNING THIS PETITION, WE 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 WITH IN ONE YEAR
OF THE COUNCIL' S ACTION. IN ADDITION, A BUILDING PERMIT
MUST BE PROCURED FOR THE USE INDICATED ON THE PETITION
WITH IN ONE YEAR FOLLOWING THE APPROVAL OF THE FINAL SITE
PLAN. FAILURE TO SUBMIT A FINAL SITE PLAN OR OBTAIN A
BUILDING PERMIT WITH IN THE SPECIFIED TIME PERIOD, CAUSES
THE ZONING OF THE PETITIONED PROPERTY TO REVERT TO THE
INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS,
AN EXTENSION ON SUBMITTAL OF THE FINAL SITE PLAN MAY BE
REQUESTED.
PETITION PREPARED BY: # hiab
.Er REY D. BROADWICK
GRAMA K. BHAGAVAN P.E. MARATHON OIL COMPANY,
R/V CONSULTANTS,P.O. BOX 554, 448, CHAMBERLIN DRIVE
GRANGER, INDIANA Are,S3.-x .mss eUTH BEND, IN 46615.
(21 9) 272-9678 1 o ? ° , fti - 19) 237-0554 .
FEB - 7 1995
•
RN CONSULTANTS
P.O. Box 554 -
Granger, IN 46530
Ph. 219-272-9678
Area Plan Commission,
County Of Saint Joseph
1100, County/City Building,
South Bend, Indiana 46601 .
Att: Mr. John Byorni, Chief Planner February 7, 95.
Gentlemen:
RE: FINAL SITE PLAN & PETITION FOR REZONING
MARATHON STATION. SW COR OF MISHAWAKA AVE.
AND IRONWOOD ROAD.
Enclosed, please find all the pertinent documents conforming
with Zoning Ordinance and the Final Site Plan requirements of
the City Of South Bend, Indiana. The purpose of seeking the
above zone change is to accommodate a self serve car wash bay
and to bring the existing building conforming with the present
zoning regulations. The demolition plans were submitted to the
State Building Commissioner and we also reviewed the plans with
Mr. Don Fozo and Mr. Larry Spradlin of the City Engineer' s
office.
Please review the drawings and we request that our petition
may please be placed on the agenda of the plan commission when
they meet on March 21 , 1995 with a favorable recommendation
from the staff of the plan commission.
Should you have any questions and or need additional information
please contact us.
C ry Sincerely Yours,
\ f, nt)
Grama K. Bhagavan P.E.
FEB - 7 1995
Encl: �s
C.0 Mr. Jeff Broadwick, Marathon oil co. ""'�'�`
Mr. Kalyana Sundaram, Franchise Owner.
Robert J. Richardson P.E./L.S.
Qnmmtttn arpnr# '"
Mu tip Munn on Moonlit of Up fatty of thudli nd:
Your Committee of the Whole
to whom was referred
BILL NO.
5-95 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 2130 MISHAWAKA AVENUE, 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 cr450 PUBLISHING CO.
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 \
March 22, 1995
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 Marathon Oil Company to
zone from "C" Commercial, "A" & "D" Height and Area, and "A" Residential, "A"
Height and Area to "C" Commercial, "F" Height and Area, property located at 2130
Mishawaka Avenue, City of South Bend - APC #1654-95
Dear Council Members:
The above referenced ordinance and site development plan of Marathon Oil Company
was legally advertised on March 9, 1995. The Area Plan Commission at its public
hearing on March 21, 1995, took the following action:
Upon a motion by Bruce Huntington, being seconded by John Leszczynski and
unanimously carried, the proposed ordinance and site development plan of Marathon
Oil Company to zone from "C" Commercial, "A" & "D" Height and Area, and "A"
Residential, "A" Height and Area to "C" Commercial, "F" Height and Area, property
located at 2130 Mishawaka Avenue, City of South Bend is sent to the Common
Council with a favorable recommendation as tendered. This petition seeks to
rezone to "C" Commercial a parcel that is currently zoned "C" Commercial except
for a 20 foot wide sliver of property at the southwest corner of the site which
is currently zoned "A" Residential. The proposed change to "F" Height and Area
will allow for reduced building setbacks which would otherwise require variances.
In the Commission's opinion, the addition of the proposed car wash would be in
keeping with the other commercial uses in the vicinity.
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.
Sincere ,
'ichar. S. Johnson
RSJ:sr
Attachment
CC: Marathon Oil Company
CC: Grama K. Bhagavan, P.E.
LMA2 1995
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN
STAFF REPORT March 13, 1995
Marathon Oil Company 1654-95
Location: 2130 Mishawaka Avenue
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "C" Commercial, "A" and "D" Height and
Area, and "A" Residential, "A" Height and Area
to "C" Commercial, "F" Height and Area to
allow for gasoline dispensing with a
convenient mart and a single bay car washing
facility.
•
EXISTING LAND USE: The property contains a gas station.
SURROUNDING LAND USE AND ZONING: Located to the north is a drug store zoned "C"
Commercial, "A" Height and Area; to the
northeast is a gas station-convenience store
zoned "C" Commercial, "A" Height and Area; to
the east is a dry cleaning business zoned "C"
Commercial, "D" Height and Area; to the
southeast are single family homes zoned "C"
Commercial, "A" Height and Area and "A"
Residential, "A" Height and Area; to the south
is a Dentist's Office zoned "A" Residential,
"A" Height and Area; to the southwest are
single family homes zoned "A" Residential, "A"
Height and Area; to the west is a party supply
store zoned "C" Commercial, "A" Height and
Area; to the northwest is a public park zoned
"A" Residential, "A" Height and Area.
ACCESS: Access to the site is from both Ironwood Drive
and Mishawaka Avenue.
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 25,080 square
feet. Of that, the buildings will occupy
2,080 square feet, or 8.3 percent of the site;
the parking and drives will occupy 19,200
square feet, or 76.6 percent of the site; and
3,800 square feet or 15.1 percent of the site
will remain as open space.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, wetlands, or flood areas are
present.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS:
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• 11 12 39 1'-' 40 67 iI
10 13 38 (1 41 66 to
9 0 14 37 42 65
8 15 36 43 64
1 1A 62
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7 45
16 35 44 63 I
17 34
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/ � 4 b E 19-! l_`� EI 1 ` 47 60 I
1 40 ' ` 31 ^ 48 59 =
3 `t
27 S0 49 58 F-
2 d'
22 29 50 57 (NI PUBLIC , ,
PARK ■
28 ----- 56
COMMERCIAL I L 111 I'll` 217 1 51 52 53
55 I
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sj PC 451-76 \J
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REZONING FROM: "C" COMMERCIAL & "A" RESIDENTIAL, "D" & "A" HEIGHT & AREA
TO: "C" COMMERCIAL, "F" HEIGHT & AREA
PETITION AREA k aama:�:::___
SOUTH BEND ZONING
"A" RESIDENTIAL I I APC #1654-95
"B" RESIDENTIAL I I
"C" COMMERCIAL I I 0 100 200
"Cl" COMMERCIAL I 1 ri r r rtttttttt■I
Graphic Scale