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Home My WebLink AboutZoning - Property located at 2904 S Michigan St ORDINANCE No. 7531-85 Passed by the Common Council of the City of South Bend, Indiana October 28,19--8-5- ,l Attest: City Clerk IRENE K. GAMMON Attest:/• s _ i.r A ` L President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana nrtnher 29, 19 R �f--Y— /1. - c-z.t City Clerk IRENE K. GAMMON Approved and signed by me OCT 19 S SJ Mayor 7 ORDINANCE NO. 7�,r2/s.g." AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2904 S. MICHIGAN ST. 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 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.. Lots Numbered 1, 2, 3, 43, 44, 45, 46 and 47 as shown on the recorded Plat of Krou and Whitmore Subdivision, an addition to the City of South Bend be and the same is hereby established as "C" Commercial and "E" Height and Area district. 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. ember of the C. ! on Council DATE FILED: APPLICATION NO. • DATE RECEIVED BY THE AREA PLAN COMMISSION I, the undersigned make an amended application and amended petition 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: 2904 South Michigan Street South Bend, Indiana 46614 2) The names and addresses of the property owners are ROBERT J. CIRA and MARY ANN CIRA, husband and wife, who reside at 1718 Byron Drive, South Bend, Indiana 46614 , and JOSEPH A. CIRA, JR. and ROSE T. CIRA, husband and wife, who reside at 1334 E. Roelke Drive, South Bend, Indiana 46614 . 3) There are no contingent purchasers. 4) It is desired and requested that this property be rezoned from "C" Commercial, "C-1" Commercial, "A" Residential, and "B" Residential; "A" and "E" Height and Area to "C" Commercial, "E" Height and Area. 5) This rezoning is requested to allow the following use: Construction and operation of grocery store facility, with adjacent parking located on the premises. 6) The legal description of the property to be rezoned is as follows: Lots Numbered 1, 2, 3, 43, 44, 45, 46 and 47 as shown on the recorded Plat of Krou and Whitmore Subdivision, an addition to the City of South Bend, Indiana. In the previous rezoning petition filed in this matter on August 7, 1985, Lot 43 listed above was omitted. The Pet- itioners have determined that the inclusion on this lot in the amended petition does not require the notification of any additional property owners within 300 feet of the property requested to be rezoned. PETITION PREPARED BY: P?tJL T. HOLIS, Attorney for all PAUL T. CHOLIS, Attorney Property Owners cps, m-I l c4- 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 as herein requested. 1) The property sought to be rezoned is located at: 2904 South Michigan St. South Bend, Indiana 46614 2) The names and addresses of the property owners are ROBERT J. CIRA and MARY ANN CIRA, husband and wife, who reside at 1718 Byron Drive, South Bend, Indiana 46614, and JOSEPH A. CIRA, JR. and ROSE T. CIRA, husband and wife, who reside at 1334 E. Roelke Drive, South Bend, Indiana 46614 . 3) There are no contingent purchasers. 4) It is desired and requested that this property be rezoned from "C" Commercial, "C-1" Commercial and "B" Residential, "A" and "E" Height and Area to "C" Commercial, "E" Height and Area. 5) This rezoning is requested to allow the following use: Construction and operation of grocery store facility, with adjacent parking located on the premises. 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 pr rty. a61 PAUL T. CHOLIS, Attorney for all Property Owners 905 St. Joseph Bank Building South Bend, Indiana 46601 Tel. (219) 232-3331 PETITION PREPARED BY: PAUL T. CHOLIS Attnrnev fnr all Prnnerty Owners LEGAL DESCRIPTION Lots Numbered 1, 2 , 3, 44, 45, 46 and 47 as shown on the recorded Plat of Krou and Whitmore Subdivision, an addition to the City of South Bend, Indiana. finmmttttr Wort v�u the (IIommun Mound' of the Ilitg of Oontlit rnd: Your Committee of the Whole to whom was referred BILL NO. 97-84 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2904 S. MICHIGAN ST. , 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, as amended: by substitution of a new bill. Joseph T. Serge Chairman FREE PRESS Ogetso PUBLISHING Co. it 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 1 g s� October 16, 1985 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 Robert J. and Mary Ann Cira and Rose T. and Joseph A. Cira, Jr., to zone from "C" Commercial, "A" Height and Area, "C-1" Commercial, "A" Height and Area, "C" Commercial, "E" Height and Area, "B" Residential, "A" Height and Area and "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 2904 South Michigan Street, City of South Bend Gentlemen: The above referenced ordinance and site development plan of Robert J. and Mary Ann Cira and Rose T. and Joseph A. Cira, Jr., was legally advertised October 4 and October 5, 1985. The Area Plan Commission gave it a public hearing on October 15, 1985, at which time the following action was taken: Upon a motion by Joseph Serge, being seconded by Evelyn Clark and unanimously carried, the proposed ordinance and site development plan of Robert J. and Mary Ann Cira and Rose T. and Joseph A. Cira, Jr., to zone from "C" Commercial, "A" Height and Area, "C-1" Commercial, "A" Height and Area, "C" Commercial, "E" Height and Area, "B" Residential, "A" Height and Area and "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 2904 South Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation subject to a Final Site Development Plan 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. The above recommendation is made subject to a final site plan. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN j - ----- - 4_ _, The Honorable Common Council City of South Bend Page 2 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, — f Richard S. Johnson Executive Director RSJ/sr Attachment CC: Robert J. and Mary Ann Cira Joseph A. and Rose T. Cira, Jr. Paul T. Chollis, Attorney a— a� STAFF REPORT ROBERT J. AND MARY ANN CIRA AND ROSE T._ AND JOSEPH_A,_CIRA,. _�f�,__#_ 9.72-85 October 4, 1985 2904 South Michigan Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial , "A" Height and Area; "C-1" Commercial , "A" Height and Area; "C" Commercial , "E" Height and Area; "B" Residential , "A" Height and Area; "A" Residential , "A" Height and Area to "C" Commercial , "E" Height and Area to allow for the construction of a new grocery store. EXISTING LAND USE: The property contains a grocery store and a parking lot. SURROUNDING LAND USE AND ZONIING: Located to the north across Woodside Street are two single-family homes zoned "B" Residential and "A" Residential ; to the east are two single-family homes zoned "A" Residential ; to the south across Donmover Street is an office building zoned "C-1" Commercial , and to the west across Michigan Street is a single-family home, an advertising agency, and an insurance agency all zoned "B" Residential , and a portion of a restaurant parking lot zoned "C" Commercial . ACCESS: Access to the site will be from U.S. 31 South. DRAINAGE: The drainage has not been addressed by the petitioners. DATA: The total site to be rezoned is 41 ,900 square feet. Of that, the building will occupy 13,575 square feet , or 32.4% of the site, parking and drives will occupy 28,325 square feet or 67.6% of the site. SITE PLAN: The site plan is preliminary. AGENCY_COMMENTS: The City Engineer made the following comments: "1. Sanitary sewers are available. 2. Storm water must be addressed at a rate of storage of 30 gallons per 100 square feet of impervious surface. " The City Building Department stated that 75 parking spaces will be required and that the alley cannot be used for off-street, loading and unloading. it 1:, � ,PI I Fin \ I f` r 1 ! IC�1 ,\,ill 11_ 1! R 3II�— ..-.4 c. ,.v.r.. ... .\, ,cam fi x�2.�.a ---71 r--:1 [ b,'pfiR+4°.SV.KSY4"D10.•a1'2s � w II ■ t, . 1:. I 4. A &¢i•' �' �4��..5,-- s.Y. 1 s � S I *4 .; ARWEMAN , 7, *:;V:.'A,, '4 AVE.� r r a t� ,r'3. 44, _ J a ty !!�� 1 w ••, t cc a 6 il ss T i1 VtIlk 4i r �< Leziali B 1 . se tir 'il : jr......„,..94,, ------......ti ii - i 3 4 .. ---rg ..t. t„._x - ,.. .////1 1 I ..... ---..1 ,1 ; y ,_ ,,...r, .0 .. . ____ / A ON S�4` fit" C .. y to C - TER, ----- --- ■ ?-- 1 ISARIN( ST. A 14 . t_-—, REZON3NG FROM: "C" COMMERCIAL, "A" HEIGHT & AREA "C-I" COMMERCIAL, "A" HEIGHT & AREA "C" COMMERCIAL, "E" HEIGHT & AREA "R" RESIDENTIAL, "A" HEIGHT & AREA "A" RESIDENTIAL, "A" HEIGHT & AREA TO: "C" COMMERCIAL, "E" HEIGHT & AREA PETITION AREA : NORTH + , "A" RESIDENTIAL f "8" RESIDENTIAL "C" COMMERCIAL "C-1" COMMERCIAL M "D" LIGHT INDUSTRIAL 1 •I "E" HEAVY INDUSTRIAL . r q—. y r l