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Home My WebLink AboutZoning - 4402 S Michigan St ORDINANCE No. 7651-86 Passed by the Common Council of the City of South Bend, Indiana June 10, r9 86 /ST Attest: City y Clerk IRENE K. GAMMON Attest: CFA.�. A ,4 i. �% - J President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 11, ig 86 •A`54.—`k_ NT- City Clerk IRENE K. GAMMON Approved and signed by me 1/ Ig ec er- �� % Mayor ORDINANCE NO. "7(0,1- 1 _ g-co AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4402 S. MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section 1 . Ordinance No. 4990-68 , as amended, which or- dinance 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: A lot or parcel of land in the South West Quarter of the Northwest Quarter of Section No. 25, Township No. 37 North, Range No. 2 East , described as follows , viz ; Beginning at the Southeast corner of Michigan Street and Norman Street; running thence Southerly, along the East line of Michigan Street , a distance of 150 . 73 feet ; thence East a distance of 309 . 6 feet; thence North a distance of 150 feet to the South line of Norman Street ; thence West , on the South line of said Norman Street 298 . 12 feet to the place of beginning. EXCEPT that certain portion of the hereinabove described Real Property as has been previously conveyed by the Grantor herein to the State of Indiana on or about November 4 , 1984 and more particularly described as follows : A part of the Southwest Quarter of the Northwest Quarter of Section 25, Township 37 North, Range 2 East , St . Joseph County, Indiana, described as follows : Commencing at the Southeast corner of the Northwest Quarter of said Section; thence South 88 degrees 12 minutes 48 seconds West 1, 490.25 feet along the south line of said quarter section to the prolonged east line of the owner's land; thence North 1 degree 47 minutes 12 seconds West 320 . 20 feet along said prolonged east line and along the east line of the owner 's land to the South boundary of Norman Street; thence South 88 degrees 12 minutes 48 seconds West 298 . 12 feet along said south boundary to the point of beginning of this description, which point is on the eastern boundary of U.S. 31 ( also known as Michigan Road) ; thence North 88 degrees 12 minutes 48 seconds East 12 . 06 feet along said south boundary; thence South 38 degrees 26 minutes 20 seconds West 21 . 19 feet to the eastern boundary of said U.S. 31; thence along said eastern boundary Northeasterly 16 . 26 feet along an arc to the right and having a radius of 229 , 133 . 12 feet and subtended by a long chord having a bearing of North 3 degrees 57 minutes 05 seconds East and a length of 16 . 26 feet to the point of beginning and containing 0 . 002 acres , more or less , be and the same is hereby established as "C" Commercial, "A" Height & Area. Date Filed Application No. Date Received by the Area Plan Commission I (we ) the undersigned make application and petition 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: 4402 S. Michigan Street South Bend, Indiana 2 ) Name and address of all property owner( s ) : Emro Land Company Phone # 419-422-2121 200 East Hardin Street Findlay, OH 45840 3 ) Name and address of contingent purchaser( s ) , if applicable: DCF Corporation Phone # 317-497-2252 P.O. Box 2271 West Lafayette, IN 47906 4 ) It is desired and requested that this property be rezoned from "C" Commercial and "A" Residential, A Height & Area to "C" Commercial, A Height & Area 5 ) This rezoning is requested to allow the following use(s ) : Car wash ( automobile laundries ) "C" Commercial on entire site at eliminate present split zoning on subject property. 6 ) Attached is a copy of ( a) legal description of the property; (b) a list of names and addresses of all property owners within 30 feet of the petition property; (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 purchasers 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 the Area Plan Commission within one ( 1 ) year of the Council 's action. Failure to submit a final site plan within that time period, causes the zoning on the tetitioned property to revert to the initial zoning classification. Time exten- sions on the submittal of the final site plan may be requested. Signature(s ) of All Property Owner(s ) OR Attorney for all Property Owner(s ) PETITION PREPARED BY: Emr• and omp.. By: Cressy & Everett , Inc. Commercial & Investment Division 227 S. Main Street, Suite 300 South Bend, IN 46601 Phone # 219-239-4060 r I . vrf; 1 IVC . UIJ I .,e ' ion: SEC , 11)4O2 S . !4.{a chirra Ave. .-. h :� /P .>n�l til end Indiana (corner) (streets or route number) (city) (state) flee .` Frontage 150. 73' , Depth 298. 12' , Square Feet or Acres 44,935 Sq. Ft. I ;rovements: Car Wash Building - 60 x 28 Utilities: Sanitary Sewer Yes Storm Sewer' Yes Gas Yes Water Yes Zoning: Business Potential Use: Restaurant; Convenience Store; Other Sales Price Commercial Lease Terms • NORMAN STREET / FL 298. 12' • X C QM/�t Ci fl ' �s%r N L V l� 4 C, LU u" BLDG. • 6 f 309.6 ' • • ti . N,=1...% 1. The above sketch reasonably describes the property JEVP Pe Y Contact: and location, but is not a substitute for a survey. r.•2. The above is for informational purposes only, and G " ' - does not constitute an offer to sell or lease. AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 May 21, 1986 ,11)' 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 Emro Land Company to zone from "C" Commercial and "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 4402 S. Michigan Street, City of South Bend Gentlemen: The above referenced ordinance and site development plan of Emro Land Company was legally advertised May 9 and May 10, 1986. The Area Plan Commission gave it a public hearing on May 20, 1986, at which time the following action was taken: Upon a motion by Chuck Sausman, being seconded by John DeLee, and unanimously carried, the proposed ordinance and site development plan of Emro Land Company to zone from "C" Commercial and "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 4402 S. Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation subject to a final site development plan showing screening along the east property line 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. Sincerely, t�' j C.. Richard S. Johnson RSJ/sr Attachment CC: Emro Land Company DCF Corporation Richard W. Kintzele Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT EMRO LAND COMPANY #1023-86 May 8, 1986 4402 S. Michigan Street City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential and "C" Commercial , "A" Height and Area to "C" Commercial , "A" Height and Area. EXISTING LAND USE: The property is vacant. SURROUNDING LAND USE AND ZONING: Located to the north across Norman Street is the site of the proposed Burkhart Advertising Signs office zoned "C" Commercial; to the east is a single-family home zoned "A" Residential; to the south is a gas station zoned "C" Commercial ; and to the west across U.S. 31 south is a liquor store zoned "C" Commercial . ACCESS: Access to the site will be from both U.S. 31 and Norman Street. DRAINAGE: The drainage has not been addressed by the petitioner. DATA: The total site to be rezoned is 44,935 square feet. Of that, the building will occupy 2,912 ' square feet, or 6.4% of the site; the parking and drives will occupy 38,000 square feet, or 84.6% of the site, and 4,023 square feet or 9% of the site -; will remain as open space. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: "1. Sanitary sewer is available to the site. 2. Drywells must be used for storm water at a rate of 30 ga11100 sq. ft. of roof and paved area. 3. Lot must be paved and resloped to contain storm water. 4. Curb cuts must be per City standards. " •t a tk # } „y at " r a "�" 4 - ,:,. tx _ :',.-..t. .4 ' l "fi r t k•1 .� .X•T'§+S .w,+ .,, Y' V--e4 'K MS ITT �e y M S^�,. - .7..v,',, ` :. ,,x1,rr ..z��y,Z7 , •4,s a> S"i:`. „,,,7,,,,,- 1cb�s„g• s ',-;::::,-,:-..4,i�'t ` {; 1 � „P” }ynY, f „�,a. z � d p�`�'. A • a C _._ -J IRELA • r 'M f �, 4 Y '� u r(f 5, 1B _ ► ; ' lli, ' L--- —n�€� I � e � S . , 6 '31 u 5 1:', {rte'" . l FROM.. :"A" REST IAl, "A* HEIGHT 4 ` II A .,l` IGHT a AREA TO: "C" COMMERCIAL' "A" HEIGHT & AR PETITION AREA NORTH "A" RE$ NTIAL IrMagil latofrAfl-u�r C#A�. alliala • • i S•3. -q . � v„� e fxA a^s.'Y ^ m✓h-. 7`;, "' ,:1 mo { te YQL' K$r Y F €'" � fi�"^rS 7�4-'--� atp " , r 1 • 1,N x-' '. ,:„' y i 'X'-, a S '[Y. Q.QUtintttrt Report Ohl IIe Tom= Moonlit of tip (Mg of'oxtt4 inch: Your Committee of the Whole to whom was referred BILL NO. 42-86 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4402 SOUTH MICHIGAN IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Ann B. Puzzello Chairman FREE PRESS PUBLISHING CO.