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HomeMy WebLinkAboutZoning - 119 E Marion St South Bend INORDINANCE No. 6020 -76 Passed by the Common Council of the City of South Bend, Indiana. September 13 ,,, 76 Presented by me to the Mayor of the City of South Bend, Approved and signed by IRENE K. GAMMON September 14 �9 76 K- Clerk of Common Council IRENE K. GAMMON Clerk 119 E. Marion St. South Bend, Indiana ORDINANCE NO. (nC7`oiC1 =((, AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND INDIANA (Chapter 21, Municipal Code.) BE IT ORDAINED by the Common Council of the City of South; Bend, Indiana: Section 1. Ordinance No. 4990 -68, as amended, which ordinance is commonly knows 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: Fifty -five (55) feet taken off of and from the West end of Lots One Hundred Twenty -one (121), One Hundred Twenty -two (122) and One Hundred Twenty -three (123) of the Original Plat of the Town, now City of South Bend, in St. Joseph County, Indiana, together withthe vacated 14' alley lying west of and adjoining said lots. be and the same is hereby established as C commercial use and F Height and area district. Section 2. 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. Member of the Common Council MI signed only to provide an opportunity forrablic discussion and Council action on the issue., 1st READING— ��% -7�O FILED IN CLERK'S fIFFICF CITY OF SOUTH BEND PETITION TO AMEND ZONING ORDINANCE FOR OFFICIAL USE ONLY Date filed with City Clerk Application No. Dated received by the Area Plan Commission ----------------------------- ---------------------- NOTICE: THIS PETITION MUST BE TYPWRITTEN OR PRINTED IN INK. READ THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF FORM. I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend, Indiana, to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 505- 515 North St. Joseph Street, South Bend, Indiana. 2. The property is owned by Max Koenig, Ina Rosenberg, Irving Rosenberg and Elaine Koenig. 3. A legal description of the property is as follows: Fifty -five (55) feet taken off of and from the West end of Lots One Hundred Twenty -one (121), One Hundred Twenty -two (122) and One Hundred Twenty -three (123) of the Original Plat of the Town, now City of South Bend, in St. Joseph County, Indiana, together with the vacated 14' alley lying west of and adjoining said lots. 4. It is desired and requested that the foregoing property be rezoned: From B Residential Use and B Height and Area District To C Commercial Use and F Height and Area District. 5. It is proposed that the property will be put to the following use and the following building(s) will be constructed: One story warehouse, 96 feet by 140 feet. 7. Attached is (a) an original ordinance and 30 copies; (b) an original petition and 30 copies; (c) a $10.00 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. of Petitioner Max Koenig I a Address Petition prepared by: Robert D. Lee, Attorney at Law 502 First Bank Building South Bend, Indiana MOUtU Urr Srpur# 7!n t4c (1[nawtnn (90unril of to (gug of $Md# Wrnk Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (119 E. MARION ST). Respectfully report that they have examined the matter and that in their opinion This ORDINANCE be recommended favorably to the Common Council. Frank Horvath Chairman PpPL ppElt u pULL19 NIN4 CO. COMMISSION _PH COUNTY, IN Room 1140 County -City Building The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 South Bend, Indiana 46601 RICHARD S. JOHNSON Executive Director (219) 284 -9571 August 18, 1976 In Re: A proposed ordinance and site development plan of Max Koenig (Value House) to zone from "B" Residential, "B" Height and Area, to "C" Commercial, "F" Height and Area, property located on the north side of Marion Street, approximately 200 feet east of Michigan Street, City of South Bend Gentlemen: The attached rezoning petition of Max Koenig was legally advertised August 7, 1976. The Area Plan Commission gave it a public hearing on August 17, 1976, at which time the following action was taken: FILED IN CLERK'S OFFICE AUG 1 Ou 9976 Irene Gammon y Cog; SOIITN BEND, irvo. The above recommendati.on:'is made subject to a final site plan and the preliminary site plan is attached hereto. "Motion was made by Joseph Serge and seconded by Daniel Chrzan and carried to amend this petition, on item I on the first page of the petition, by changing the address from 505 -515 North St. Joseph Street, to 119 E. Marion Street." "Upon a motion by June Stratton, being seconded by Joseph Serge and unanimously carried, the petition of Max Koenig (Value House) to zone from "B" Residential, "B" Height and Area, to "C" Commercial, "F" Height and Area, property located on the north side of Marion Street, approximately 200 feet east of Michigan Street, City of South Bend, is returned to the Common Council with a favorable recommendation, as amended, subject to the approval of a final site plan." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes and will be forwarded to you to be made a part of this report. Attached for your consideration in the review of this matter is the APC Staff Report. Very truly yours, Rich S. Johnson, Executive Director RSJ /om attach. cc: Max Koenig Robert Lee, Attorney Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN STAFF REPORT July 29, 1976 MAX KOENIG (VALUE HOUSE) 476 -76 LOCATION - the location of this site is on the east side of Michigan Street (U. S. #31), approximately 140 feet north of Marion Street. This building is approximately 1/2 block south of the Memorial Hospital. EXISTING ZONING OF THE SURROUNDING PROPERTY - the property to the west an port is currently zoned "C" Commercial. The property to the east is zoned "B "Residential and the property to the south is zoned "B" Residential and "C" Commercial. EXISTING LAND USE OF THE SURROUNDING PROPERTY - the property to t e west is currently being used for commercial purposes, the property to the north is being used for commercial uses and residential uses. The property to the east is all single and multi- family houses, and the property to the south is being used for commercial uses. SITE PLAN - the site plan indicates that a new warehouse facility will be constructed adjacent to the existing store building. The existing loading dock and an existing multi - family house will be removed to allow room for the new facility. No other land uses except parking and drive areas are shown on the site plan. ACCESS - access to the site will be from the two existing drives. The first drive is from Michigan Street (U. S. #31 North). This drive will be widened and improved and it is in the approval process through the State Highway Commission. The second drive is from St. Joseph Street. This drive is existing and it has already been approved by the City Engineer. DRAINAGE - the site plan indicates that storm water will be retainer __ c drys located o, t,,e sste. De.a_lec zrainage plans must be reviewed and approved by the City Engineer prior to final site plan submittal. PARKING - the parking provided will be sufficient to meet the requirements of the South Bend Zoning Ordinance. TABULATED DATA - no tabulated data has been submitted. MAX KOENIG (VALUE HOUSE 476 -76 (Continued) PRELIMINARY SITE PLAN - the site plan as submitted does not have sufficient data to be considered a final, there- fore, any recommendation by the Area Plan Commission to the City Council must be subject to a final site plan being submitted and approved. AGENCY COMMENTS - Mr. Rollin Farrand, Director, Department of Public Works, has reviewed this petition and made the following comments: It is noted that the drawing indicates no access will be provided off of Marion Street. The attached site plan indicates that the access off Mighigan Street will be improved. The storage of storm water on the site as proposed does not appear to meet the City requirement of 30 gallons for each 100 square feet of paved or surfaced area. This problem need not affect the rezoning petition but must be worked out during the final plan development. Subject to the above comments, this de- partment has no objections to this rezoning petition. STAFF COMMENTS - the Area Plan Commission, at its public hearing of June 15, 1976, considered the vacation of the North /South alley that is a part of this proposed rezoning. The vacation was given a favorable recommendation to the Board of Public Works. The Board was to hear the vacation at its meeting of August 2, 1976. This vacation must be finalized before the zoning is granted by the City Council, therefore, any recommendation by the Area Plan Commission to the City Council must be subject to this vacation being approved_by the Board. a This area has been designated as General Commercial on the Land Use and Transportation Plan. The proposed rezoning and use of this property would be in conformance with this recommendation.