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HomeMy WebLinkAboutZoning - Northwest corner of Michigan St (U.S. 31 South) and Walter StORDINANCE NO. 6051 -76 Passed by the Common Council of the City of South Bend, Indiana October 11 ,,, 76 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana October 12 ,, 76 Clerk Of Common Council IRENE K. GAMMON Approved and signed by i Clerk ,Northwest Corner of Michigan Street (U.S. 31 South) and Walter Street NO. 6051 -76 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 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 84, 85, 92, 93 and the South 9.05 feet of Lots 83 and 94 as shown on the recorded plat of Myers and Funk Third Plat of Chippewa Heights Addition to the City of South Bend, Indiana recorded in Plat Book 10, Pages 176 and 177 in the Recorders office of said county, having 125' frontage on S. Michigan Street and 152.55' frontage on Walter Street be and the same is hereby established as C- Commercial Use and A Height and Area District, subject to approval of a final site plan and the access system onto U.S. #31 by the Curb Cut Committee. Section 2. This Ordinance shall be in full force and effect from andr its passage by the Common Council, approval by the Mayor and legal publication. CITY OF SOUTH BEND PETITION TO AMEND ZONING ORDINANCE FOR OFFICIAL USE ONLY Date filed with City Clerk Application No. Date received by the Area Plan Commission NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR PRINTED IN INK. READ THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF FORM. — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — I (We), the undersigned, do hereby respectfully make applica- tion 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: The Northwest corner of Michigan Street (U. S. 31 South) and Walter Street. (Also known as the Northeast corner of Main and Walter Streets). 2. The property is owned by: Sun Oil Company and Walter H. Blank. 3. A legal description of the property is as follows: Lots 84, 85, 92, 93 and the South 9.05 feet of Lots 83 and 94 as shown on the recorded plat of Myers and Funk Third Plat of Chippewa Heights Addition to the City of South Bend, Indiana recorded in Plat Book 10, Pages 176 and 177 in the Recorders office of said county, having 125' frontage on S. Michigan Street and 152.55' frontage on Walter Street. 4. It is be rezoned: From A- Residential To C- Commercial 5. It is following use and (Include number of Restaurant. desired and requested that the foregoing property Use and A Height and Area District Use and A Height and Area District. proposed that the property'will be put to the the following building(s) will be constructed dwelling units, if residential): 6. Number of off - street parking spaces to be provided: As shown on the final site development plan. 7. Attached is (a) an original ordinance and 30 copies; (b) an original petition and 30 copies; (c) a $10 filing fee; (d) an existing plot plan showing my property and other surrounding properties; (e) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (f) 5 copies of a site development plan. ELMER R. GRABER and FERN L. GRABER, As Tenants in Common torney igna urx�t iX$sk ei T R URG, McGILL, DEAHL, HAAMAJI, CAREY & MURRAY Address Sixth Floor, First Bank Building South Bend, Indiana 46601 Telephone: (219) 233 -1171 Petition Prepared By: Jack C. Dunfee, Jr. EXHIBITS: It N ExH IBIT A LOCATICW PLAtJ G ARSP :TN 200' (II,aminittec 3�¢,piart Xo t4t (dnnwton Tonurd of tot (91tH of Omd# Trna: 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). (NORTHWEST CORNER OF MICHIGAN STREET (U.S. 31 SOUTH) AND WALTER STREET). Respectfully report that they have examined the matter and that in their opinion THIS ORDINANCE BE RECOMMENDED TO THE COUNCIL FAVORABLY, AS AMENDED. AFTER THE WORD DISTRICT CHANGE PERIOD TO COMMA AND ADD SUBJECT TO APPROVAL OF A FINAL SITE PLAN AND THE ACCESS SYSTEM ONTO U.S. #31 BY THE CURB CUT COMMITTEE. FRANK HORVATH Chairman COMMISSION :PH COUNTY, IN RICHARD S. JOHNSON Executive Director Room 1140 County -City Building South Bend, Indiana 46601 (219) 284 -9571 September 22, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of Elmer and Fern Graber, to zone from "A Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at the northwest corner of Michigan Street and Walter Street, City of South Bend Gentlemen: The attached rezoning petition of Elmer and kern Graber was legally advertised September 11, 1976. The Area Plan Commission gave it a public hearing on September 21, 1976, at which time the following action was taken: "Upon a motion by Thomas Allen, being seconded by Kenneth Woods, and unanimously carried, the petition of Elmer and Fern Graber, to zone from "A" Residential, "A" Height and Area, to "C" Commercial, "A" Height and Area, property located at the northwest corner of Michigan Street and Walter Street, City of South Bend, is returned to the City Council with a favorable recommendation, subject to the following: 1. The approval of the access system onto U. S. #31 by the Curb Cut Committee. 2. A final site plan." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be fo arded�to JED S OFFICE 1976 Irene Irene Gammon Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & %t eJb&Bpdau1Q0Jfflby,� IpN The Honorable Common Council City of South Bend September 22, 1976 Page 2 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 Staff Report. Very truly yours, Richa "d S.. Johnson Executive Director RSJ /bsj Attachments cc: Dr. and Mrs. Elmer Graber Jack C. Dunfee, Jr., Attorney at Law STAFF REPORT September 2, 1976 ELMER AND FERN GRABER - 486 -76 LOCATION - this site is located at the northwest corner of U. S. #31 South and Walter Street. This site is also approximately 800 feet north of Ireland Road. EXISTING ZONING OF THE the north is The property the property and "A" Resi is zoned "A" SURROUNDING PROPERTY - the property to zoned C Commercial and "A" Residential. to the east is zoned "A" Residential, to the south is zoned "C" Commercial lential and the property to the west Residential. EXISTING LAND USE OF,THE PROPERTY - the property to the north is currently being used for a restaurant (Walt's), the property to the east is a City Park, the property to the south is also being used for a restaurant (Azar's) and the property to the west is all single family houses. SITE PLAN - the site plan proposes the construction of a single story building to be used for a Wendy's Restaurant. No other land uses are shown on the site plan except the required parking spaces. ACCESS - the site plan shows access would be from three points. Two drives, one in and one out, are shown on U. S. #31 and one drive for in and out on Walter Street. The Staff feels that the two drives on U. S. #31 must be combined into one drive. The drive on U. S. #31 must be approved by the Indiana State Highway Commission. The drive on Walter Street must be approved by the City Engineer. DRAINAGE - the site plan does not show any drainage plans, how- ever, all storm water must be retained on the site per City Standards. A detailed plan must be submitted and approved by the City Engineer prior to final site plan approval. PARKING - the site plan indicates that 49 parking spaces would be provided on the site and that would be sufficient to meet the requirements of the South Bend Zoning Ordinance. TABULATED DATA - the size of the site is approximately 38,400 square feet with the building using approximately 2,100 square feet, the parking and drive areas using 23,400 square feet and the remaining 12,900 square feet being left in open space. PRELIMINARY SITE PLAN - the site plan as submitted does not have sufficient data to be considered a final, therefore, any ELMER AND FERN GRABER #486 -76 (Cont'd) Page 2 recommendation by the Area Plan Commission to the City Council must be subject to a final site plan. AGENCY COMMENTS - Mr. Rollin Farrand, Director, Department of Public Works, has reviewed this site plan and petition and has made the following comments: 1. He notes that City water and sewer services are available to this site at the intersection of Walter Street and Michigan Street. 2. Storm water will have to be retained on site in accordance with the Standard City Policy. 3. The frontage on Michigan Street is 125 feet. This frontage is not sufficient to warrant two appraoches. Development of multiple approaches on this short frontage poses a definite traffic problem. This site plan should be developed utilizing one approach. It is our understanding that this operation does have facilities at other sites designed in this manner. It should also be noted that this policy is consistent with that of the Indiana State Highway Commission which will have to approve any curb -cuts onto Michigan Street which is U. S. #31. STAFF COMMENTS - the front half of the site is currently zoned commercial and has a vacant service station building on it. The developers propose to remove this building and rebuild the new restaurant building. The Staff feels that an attempt should be made to tie the access system for this site to the restaurant to the north so that a safer condition would exist. This area has been designated as General Commercial on the Land Use and Transportation Plan. The proposed rezoning and reuse of the site would be in conformance with this recommendation.