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Home My WebLink AboutRezoning - Vacant property lying South and adjacent to 4122 South Main StreetORDINANCE No. 9362-02 Passed by the Compton Council of the City of South Bend, Indiana October 28, Attest: Attest: 20 02 Presented by me to the Mayor of the Ciry of South Bend, Indiana (lr tnhar 7A 20 ~~ Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me October 29, 20Q~_ Mayor ORDINANCE NO. t ~ ~ ~ ' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR VACANT PROPERTY LYING SOUTH AND ADJACENT TO 4122 SOUTH MAIN 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 following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots 99 and 100 as shown on Myers and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend; also a part of Lot Numbered 98 as shown on Myers and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend, described as follows, viz: Beginning at the Northeast comer of said Lot 98; running thence south along the East Line of said Lot ; 10 feet; thence Westerly on a straight line to the Northwest comer of said Lot; thence East along the North line of said Lot to the place of beginning. be and the same is hereby established as C-Commercial, 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, approval by the mayor, and legal publication. ___~~t~.-~/ ~~ Member of the Common C uncil o ~- 1 St READING ~ ~\~- PUBLIC HEARING Ib'~~~2 3rd READING 1 p - L-~s'Q~ NOT APPR9v~A REFERRED ~ •p - ~,~~'`ov PASSED 1 d _ Z$-Q1, File*~ in Ci~r~'s office .~U~ 0 ~ 1.00 LOliETTA J. BUD?, CRY CLEFllL, b0. ®EIVD, !!d. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 59-02 A BILL AMENDING THE ZONING ORDINANCE FOR VACANT PROPERTY LYING SOUTH AND ADJACENT TO 4122 SOUTH MAIN STREET IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karl King Chairman Date Filed Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: Vacant property lying south and adjacent to 4122 South Main Street, South Bend, Indiana. 2.) Name and address and phone no. of property owner(s) of the petition site: C-B Realty c% James M. Bradley Phone No. 1-800-395-3937 5233 Coldwater Road Fort Wayne, Indiana 46825 3.) Name and address and phone no. of contingent purchaser(s), if applicable: none 4.) It is desired and requested that this property be rezoned from A-Residential, A-Height and Area District to C-Commercial, A-Height and Area District 5.) This rezoning is requested to allow the following use(s): C & B Optical wishes to expand their building and parking onto a portion of their property that has an inappropriate zoning for this activity. 6.) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petitioned property; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petitioned property. 7.) By signing this petition, I 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 within one (1) year of the Council's action. to addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. Petition rrepareo ~y: Lang, Feeney & Associates, Terance D. Lang 715 South Michigan Street South Bend, Indiana 46601 (574) 233-1841 Inc. Filed in CIQ~~o s ®f~ic~ LORETTAJ. Ci3Dr+ C!'PY CLEAY, EO. GSk~.IP~. Legal Description: Lots 99 and 100 as shown on Myers and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend; also a part of Lot Numbered 98 as shown on Myers and Funk's Third Plat of Chippewa Heights Addition to the City of South Bend, described as follows, viz: Beginning at the Northeast corner of said Lot 98; running thence south along the East Line of said Lot ; 10 feet; thence Westerly on a straight line to the Northwest corner of said Lot ;thence East along the North line of said Lot to the place of beginning. Filed in Ct~r~:'~ Mace -~--~ r ~lfG '~ ~ ~`~~'~ ~~~ ~ e ~ u _~.~.., COYYCO.EAtg.SO.~LGE'~, 23 10251419 2310251420 2310251421 2310251422 Ric & Janet DeBuysser Ric & Janet DeBuysser David Bollinger 4101 S. Main St. 4115 S. Main St. 4121 S. Main St. South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46614 23 1025 1427 23 1025 1428 23 1025 1429 John & Mayra Schwartz, Tenants David Frye & Teresa Ridgley David Ciula 4175 Ivanhoe Dr., Apt. 303 4209 S. Main St. 4215 S. Main St. Monroeville, PA 15146 South Bend, IN 46614 South Bend, IN 46614 23 1025 1374 23 1025 1477 23 1025 1378 David Weinberg Lock Joint Tube, Inc. Carl Kay 4035 S. Michigan 515 W. Ireland Rd. P. O. Box 2405 South Bend, IN 46614 South Bend, IN 46614 South Bend, IN 46680 2310251408 2310251407 2310251386 2310251389 2310251440 Patrick Diller Wendy's of Ft. Wayne, Inc. Maryann Sherman 4122 S. Main St. 310 Dixie Way South P. O. Box 11072 South Bend, IN 46614 South Bend, IN 46637 South Bend, IN 46634 2310251443 2310251384 2310251423 2310251425 City of South Bend, Park Dept. WMCR Holding Co., Inc. Jack Ellis County City Building 2229 U.S. 23 South P. O. Box 245 South Bend, IN 46601 Alpena, MI 49707 South Bend, IN 46624 2310251380 2310251382 C B Realty 4233 Coldwater Rd. Fort Wayne, IN 46825 .~ ,r .r ry R~ ;il~d in Ct~rv'~ ~,1~a;A,.9. _ a~i ~~.~~ 0~~ '? ''00~` LORE7T~ J. i'~4'D~., , CITY CL6~tS, Aw^• ~~PItJ, ` , ~4 - ~ ~ Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 October 16, 2002 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 C-B Realty to zone from "A" Residential, A Height and Area to C Commercial, A Height and Area, vacant propertrtyy 1yingg south of and adjacent to 4122 South Main Street, City of South Bend, as tabled - APC ~#216b-02 Dear Council Members: The above referenced ordinance and site development plan of C-B Realty was legally advertised September 5, 2002. The Area Plan Commission at its public hearing on October 15, 2002, took the following action: Upon a motion by Charlotte Sobel, being seconded by Alberta Husband and unanimously carried, the~proposed ordinance and~site develo~ment~~lan of C-B Realty to zone from "A" Residential, A Height and Area to C Commercial, A Height and Area, vacant property 1 ' south of and adjacent to 4122 South Main Street, City of South Bend, as tabled is sent to the Common Counc~ with a favorable recommendation, subject to a Final Site Development Plan. The proposed rezoning of this property would allow for the expansion of the existing commercial business to the east. In the Commssion's opinion, the proposed zoning and use is reasonable for this site. 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. Si~~rel~, ,r , Ro~ert W /ante RWS:sr Attachment CC: C-B Realty CC: Lang, Feeney & Associates, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT October 7, 2002 C-B Realty 2166-02 Location: vacant property lying south of and adjacent to 4122 South Main Street City of South Bend RE UESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow the expansion of the existing building and additional parking for an existing commercial business. EXISTING LAND USE: The property is currently being used for parking. SURROUNDING LAND USE AND ZONING: Located to the north is a single-family home zoned "A" Residential, "A" height and area; to the east are commercial businesses zoned "C" Commercial, "A" height and area; to the south is an off-street parking facility associated with the commercial business to the east zoned "A" Residential, "A" height and area; and to the west is an office zoned "C" Commercial; "A" height and area. ACCESS• Access to the site is from Main Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA• The total site to be rezoned is 16,473 square feet. Of that, the buildings will occupy 1,386 square feet, or 8 percent of the site; the parking and drives will occupy 14,767 square feet, or 90 percent of the site; and 320 square feet or 2 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN• The site plan is preliminary. AGENCY COMMENTS: The City Engineer will require a drainage plan at the final site plan stage. .PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed rezoning of this property would allow for the expansion of the existing commercial business to the east. In the staff's opinion, the proposed zoning and use is reasonable for this site. REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREi4, TO: "C" COMMERCIAL, "A" HEIGHT 8~ AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL D N "B" RESIDENTIAL D "C" COMMERCIAL D APC # 2166-02 "C-2" PLANNED D 0 ~o0 200 30o soo SHOPPING CENTER "D" LIGHT INDUSTRIAL O Graphic Scaie "E" HEAVY INDUSTRIAL D PETITION AREA