HomeMy WebLinkAboutZoning - Property Located at 4324 South Michigan St a I
ORDINANCE No. 7602-86
Passed by the Common Council of the City of South Bend, Indiana
February 24, x9 86
Attest: / City Clerk
IRENE K. GAMMON
Attest: 6. - President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
February 25, ig 86
City Clerk
IRENE K. GAMMON
Approved and signed by me Cnt1) �9 e6
�: Win` Mayor
ORDINANCE NO. 7bC p - g-
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 4324 SOUTH MICHIGAN 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 real estate known as
A tract or parcel of land situate in the Northwest
Quarter of Section No. 25, Township No . 37 North,
Range No . 2 East, bounded by a line running as fol-
lows : Beginning at a point where the South line of
Walter Street intersects the Easterly line of Michigan
Street in said Quarter Section; thence running South-
westerly along said Easterly line of Michigan Street
141 . 69 feet; thence East 159 . 98 feet along the North
line of Lot Numbered 112 in Myers and Funk' s Third
Plat of Chippewa Heights Addition to the City of South
Bend, as recorded in Plat Book 10, page 176 in the
Office of the Recorder of St . Joseph County, Indiana
to the Northeast corner of said Lot No . 112 ; thence
South 2 . 33 feet along the East line of said Lot No .
112 ; thence East 312 . 01 feet along the North line of
Lots Numbered 125 to 131 inclusive, in said Third Plat
of Chippewa Heights, to the West line of a proposed
street 24 feet wide, as shown on said Plat; thence
Northerly along the West line of said street 143 . 33
feet to the South line of said Walter Street; thence
West along the South line of said Walter Street,
462 . 01 feet to the place of beginning.
ALSO
Lots Numbered 112, 113 and 114 as shown on the
recorded Plat of Myers and Funk' s Third Plat of
Chippewa Heights Addition to the City of South Bend in
Plat Book 10, page 176 in the Office of the Recorder
of St . Joseph County, Indiana, excepting therefrom a
part of said Lot 114 described as follows : Beginning
at the Southwest corner of said lot; thence along the
western line of said lot Northeasterly 13 .49 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°57 ' 55" East and a length of 13 . 49
feet; thence South 34°44 ' 08" East 15 . 99 feet to the
South line of said lot; thence South 88°12 ' 46" West
10 . 05 feet along said South line to the point of
beginning.
be and the same is hereby established as a C-Commercial Use
District and an A-Height and Area District .
SECTION II . This ordinance shall be in full force and
effect from and after its passage by the Common Council, ap-
proval by the mayor, and legal p blication.
- S C-7i -o .4 y
Legal Description of Property
The following described real estate located in the City of
South Bend, St . Joseph County, Indiana, to wit :
A tract or parcel of land situate in the Northwest
Quarter of Section No. 25, Township No . 37 North,
Range No . 2 East, bounded by a line running as fol-
lows : Beginning at a point where the South line of
Walter Street intersects the Easterly line of Michigan
Street in said Quarter Section; thence running South-
westerly along said Easterly line of Michigan Street
141. 69 feet; thence East 159 . 98 feet along the North
line of Lot Numbered 112 in Myers and Funk' s Third
Plat of Chippewa Heights Addition to the City of South
Bend, as recorded in Plat Book 10 , page 176 in the
Office of the Recorder of St . Joseph County, Indiana
to the Northeast corner of said Lot No . 112 ; thence
South 2 . 33 feet along the East line of said Lot No.
112 ; thence East 312 . 01 feet along the North line of
Lots Numbered 125 to 131 inclusive, in said Third Plat
of Chippewa Heights, to the West line of a proposed
street 24 feet wide, as shown on said Plat; thence
Northerly along the West line of said street 143 . 33
feet to the South line of said Walter Street; thence
West along the South line of said Walter Street,
462 . 01 feet to the place of beginning.
ALSO
Lots Numbered 112 , 113 and 114 as shown on the
recorded Plat of Myers and Funk' s Third Plat of
Chippewa Heights Addition to the City of South Bend in
Plat Book 10, page 176 in the Office of the Recorder
of St . Joseph County, Indiana, excepting therefrom a
part of said Lot 114 described as follows : Beginning
at the Southwest corner of said lot; thence along the
western line of said lot Northeasterly 13 . 49 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°57 ' 55" East and a length of 13 . 49
feet; thence South 34°44 ' 08" East 15 . 99 feet to the
South line of said lot; thence South 88°12 ' 46" West
10 . 05 feet along said South line to the point of
beginning .
4 3
Date Filed Application No .
Date Received by the Area Plan Commission
I, the undersigned, make application and petition the
Common Council of the City of South Bend, Indiana, to amend the
zoning ordinance of South Bend, Indiana as herein requested.
1. The property sought to be rezoned is located at :
4324 South Michigan Street
South Bend, Indiana 46614
and is situated on the east side of Michigan Street extending
from Norman Street to Walter Street with a width of approxi-
mately 170 feet, but with the northerly 143 feet extending
easterly from Michigan Street along Walter Street for a dis-
tance of approximately 426 feet .
2 . Name and address of all property owners :
The Barclay Corporation
1247 Mishawaka Avenue
South Bend, Indiana 46615
Telephone: (219) 234-4444
3 . Name and address of contingent purchasers, if
applicable:
None
4 . It is desired and requested that this property be
changed from an A Residence Use District to a C Commercial Use
District, but that the height and area classification of such
real estate remain as an A Height and Area District .
5. This rezoning is requested to allow the following
use: The construction and use thereon of a commercial office
building and a Bulletin Studio.
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; (c) a site
plan; and (d) addressed, stamped envelopes of all property
owners within 300 feet of the petition property.
(Signature of Property Owner : )
THE BARCLAY CORPORATION, an Indiana
corpo ation
By �— -_
W. Scott iller
Its i) C C (2, �%Cte i.L_c
Vice President
PETITION PREPARED BY
Warren E. McGill, Attorney
600 1st Source Bank Center
100 N. Michigan Street
South Bend, Indiana 46601
Telephone: (219) 233-1171
CONTACT PERSON:
Same as above.
Legal Description of Property
The following described real estate located in the City of
South Bend, St . Joseph County, Indiana, to wit :
A tract of parcel of land situate in the Northwest Quarter of
Section No . 25, Township No . 37 North, Range No. 2 East,
bounded by a line running as follows : Beginning at a point
where the South line of Walter Street intersects the Easterly
line of Michigan Street in said Quarter Section; thence running
Southwesterly along said Easterly line of Michigan Street
141. 69 feet; thence East 159 . 98 feet along the North line of
Lot Numbered 112 in Myers and Funk' s Third Plat of Chippewa
Heights Addition to the City of South Bend, as recorded in Plat
Book 10, page 176 in the Office of the Recorder of St. Joseph
County, Indiana to the Northeast corner of said Lot No. 112;
thence South 2 . 33 feet along the East line of said Lot No . 112;
thence East 276 .01 feet along the North line of Lots Numbered
125 to 131 inclusive, in said Third Plat of Chippewa Heights,
to a point which is 36 feet West of the West line of a proposed
street 24 feet wide, as shown on said Plat; thence Northerly
along a line parallel to and 36 feet West of the West line of
said street 143 .33 feet, more or less, to the South line of
said Walter Street; thence West along the South line of said
Walter Street, 426 . 01 feet to the place of beginning .
ALSO
Lots Numbered 112 , 113 and 114 as shown on the recorded Plat of
Myers and Funk' s Third Plat of Chippewa Heights Addition to the
City of South Bend in Plat Book 10, page 176 in the Office of
the Recorder of St. Joseph County, Indiana, excepting therefrom
a part of said Lot 114 described as follows : Beginning at the
Southwest corner of said lot; thence along the western line of
said lot Northeasterly 13 .49 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°57 ' 55" East and a length of
13 .49 feet; thence South 34°44 ' 08" East 15 . 99 feet to the South
line of said lot; thence South 88°12 ' 46" West 10. 05 feet along
said South line to the point of beginning .
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
January 22, 1986 rr
`1/
The Honorable Common Council
ti
City of South Bend
County-City Bldg. - 4th Floor
South Bend, In 46601
Re: A proposed ordinance and site development plan of The Barclay Corporation
to zone from "A" Residential , "A" Height and Area, to "C" Commercial , "A"
Height and Area, property located at 4324 South Michigan Street, City of
South Bend
Gentlemen:
The above referenced ordinance and site development plan of The Barclay
Corporation was legally advertised January 10 and January 11 , 1986. The Area
Plan Commission gave it a public hearing on January 21 , 1986, at which time the
following action was taken:
Upon a motion by Joseph Zappia, being seconded by
Robert Lehman, and unanimously carried, the proposed
ordinance and site development plan of The Barclay
Corporation to zone from "A" Residential , "A" Height
and Area to "C" Commercial , "A" Height and Area,
property located at 4324 South Michigan Street, City of
South Bend is sent to the Common Council with a
favorable recommendation subject to a Final Site
Development Plan showing a detailed and effective
screening concept along those areas of the property
adjacent to "A" Residential zoning
PLEASE NOTE that the Ordinance has been amended by the petitioner to include a
legal description different than that used for the Common Council 's first
reading. The amended Ordinance was the Ordinance legally advertised and heard
by the Area Plan Commission.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland &'St. Joseph County, IN
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,
Richard->S". Johnson
RSJ/sr
Attachment
CC: The Barclay Corporation
Warren E. McGill, Attorney
r ,
STAFF REPORT
BARCLAY CORPORATION #997-85 January 9, 1986
4324 S. Michigan St. , •South Bend
REQUESTED ACTION: The petitioners are requesting a zone change from
"A". Residential , "A" Height and Area to "C"
Commercial , "A" Height and Area to allow for the
construction of a two story office building with
an attached bulletin studio and a separate storage
facility.
EXISTING LAND USE: The property is vacant.
SURROUNDING LAND USE AND ZONING: Located to the north across Walter Street is
O'Brien Park zoned "A" Residential ; to the east is
a single-family home zoned "A" Residential ; to the
south are three single-family homes zoned "A"
Residential and across Norman Street , an abandoned
car wash zoned "C" Commercial ; and to the west
across U.S. 31 South are a variety of commercial
buildings zoned "C" Commercial .
ACCESS: Access to the site will be from Walter Street,
Norman Street and South Michigan Street.
DRAINAGE: The drainage will he accommodated by drywells.
DATA. The total site to be rezoned is 90,972 square
---- feet. Of that, the buildings will occupy 9,400
square feet , or 10.3% of the site; the parking and
drives will occupy 22, 192 square feet , or 24. 4% of
the site, and 59,380 square feet or 65.37. of the
site will remain as open space.
SITE PLAN: The site plan is preliminary,
AGENCY COMMENTS: The City Engineer made the following comments:
" i . City sani tary sewzr and water a re
available to site.
2. ArrP1PrAtinn .and deceleration lanes must
be installed addressing present storm
drainage system:
3. Lot is much lower than existing roadway,
could cause drainage problems. "
•
2
The City Building Commissioner made the
following comments:
"1 . In my judgment the plan as presented to
rezone to a "C" Commercial District
should be revised to a "D" Light
.Industrial District for the following
reasons:
A. It is my understanding that the
primary function at this facility in
the bulletin studio is painting for
display sign advertising.
B. The outside storage yard is needed
for storing advertising sign panels
which are moved to a job site for
assembly.
2. This type of work is more normally
industrial rather than commercial.
3. This office would recommend a rezoning
to "D" unless the storage is entirely
housed and some evidence that the
painting operation is more artistic in
nature than general industrial painting
for coverage of an end product.
4. It should be noted that the curb cut on
Michigan Street will require Indiana
State Highway Approval , "
AGENCY COMMENTS: The Department of Public Parks has no objections,
noting that, in their opinion, the rezoning will
have no adverse impact on O'Brien Park which is
located to the north of the site.
STAFF COMMENTS: Since the initial submittal of this petition , the
proposed storage yard has been deleted and a 600
square foot storage building added.
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REZONING FROM "A" RESIDENTIAL, "A" HEIGHT & AREA
TO: "C" COMMERCIAL, "A" HEIGHT & AREA
PETITION AREA E. =1 NORTH
"A" RESIDENTIAL ) 1
"C" COMMERCIAL
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