Loading...
HomeMy WebLinkAboutRezoning - 4227 South Michigan StreetORDINANCE No. 9312-02 Passed by the Common Council of the Ciry of South Bend, Indiana March 11, Attest: Arrest: ~~ Presented by me to the Mayor of the City of South Bend, Indiana ~A.~r~_'~' 20 -02 City Clerk President of Common Cotrncil Ciry Clerk Approved and signed by me March 14, 20 02 20 02 ORDINANCE NO. ~ ~ I ~ ~ O AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 4227 50UTH 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 FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: PARCEL I. THAT PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: ALL OF LOTS 82 THROUGH 85 AND ALL OF LOTS 92 THROUGH 95 AND THE SOUTH 34.1 FT. OF LOTS 81 AND 96 ALL AS SHOWN ON THE PLAT OF MYER'S & FUNK'S 3RD PLAT OF CHIPPEWA HEIGHTS" ADDITION TO THE CITY OF SOUTH BEND AS RECORDED IN PLAT BOOK # 10 ON PRGE # 176 IN THE RECORDS OF THE ST. JSOEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 1.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL,"A" HEIGHT & AREA. 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. MEMBER OF THE COMMON COUNCIIL ~y-oz 1st READING ` 1 `^ ~ L PUBLIC HEARING 3 " 3rd READING ~ ~~~"~L NOT APPROVED `\`y`O.L REFERRED A •~• PASSED ~ -`~^ DZ- ---~---- i ils~~.--~: ~~ 4J~~e-~.3 ,~~~~:~ Q f ~~Q~ LORETT ~O, BE~OD, tN, C17Y CLEF~£, v COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 6-02 A BILL AMENDING THE ZONING ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED FOR PROPERTY LOCATED AT 4227 SOUTH MICHIGAN 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. Karen White Chairman 01-23-02A11:22 f;C`JD REVISED 1/21/02 DATE FILED DATE RECEIVED BY AREA PLAN COMMISSION APPLICATION NO. ~//Y/ ~~ I (WE) THE UNDERSIGNED MAKE APPLICATION 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: 4227 SOUTH MICHIGAN STREET SOUTH BEND, INDIANA 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: WENDY'S OF FORT WAYNE, INC., 310 SOUTH DIXIE WAY SOUTH BEND, INDIANA 46637 PHONE NUMBER (716) 262-3630. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL, "A" HEIGHT 6 AREA AND "C" COMMERCIAL, "A" HEIGHT & AREA, TO "C" COMMERCIAL, "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RESTAURANT WITH DRIVE-THRU WINDOW. B). ATM MACHINE 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 PETITION PROPERTY; (C) SIX (6) SITE PLANS; AND (D) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION 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. IN 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. SIGNED, FOR WENDY'S OF FORT WAYNE, INC. PETITIONED PREPARED BY AND CONTACT PERSON: DANCH, HARNER & ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 filed In Clerd: s ®~fice JAFJ 2 ~s 2002 IOR~TTA J. FDA CITY CLERt~ ~. [3EIdD, lid. PROPERTY OWNERS WITHIN 300 FEET REVISED. WIIZIAM J. LEE WILLIAM J. LEE DAAL REALTY 4321 S. MICHIGAN ST. 4321 S. MICHIGAN 1010 N. COLISEUM BLVD. SOLITI-I BEND, IN. 46614 SOUTH BEND, IN. 46614 FORT WAYNE, IN. 46805 TAX KEY # 23 1025 1326 TAX KEY # 23 1025 1347 TAX KEY # 23 1025 1391 LEONARD SHOCK MARY KRAVETS AR A I DAItRF.T.T. MINI{ 4315 S. MAIN ST. L. T ~~~~ H 4309 S MAIN ST 19915 DRUMMOND ST. SOUTH BEND, IN. 46614 . . IN, 46614 SOUTH BEND LOWELL, IN. 46356 ' TAX KEY # 23 1025 1434 , TAX KEY # 23 1025 1433 TAX KEY # 23 1025 1432 MICHAEL B. BURGER RALPH E. & SHARON S. MINK DAVID A. CIULA 4223 S. MAIN ST. 4219 S. MAIN ST. 4215 S. MAIN ST. SOUTH BEND, IN. 46614 SOUTH BEND, IN. 46614 SOUTH BEND, IN. 46614 TAX KEY # 23 1025 1431 TAX KEY # 23 1025 1430 TAX KEY # 23 1025 1429 DAVID A. FRYE JOHN A. & MAYRA I. SCHWARTZ JACK E. ELLIS TERESA RIDGLEY 4175 TVANHOE DR APT. 303 P.O. BOX 245 4209 S. MAIN ST. MONROEVII.L.E, PA. 15146 SOUTH BEND, IN. 46624 SOUTH BEND, IN. 46614 TAX KEY # 23 1025 1427 TAX KEY # 23 1025 1425 TAX KEY # 23 1025 1428 DAVID L. BOLINGER RIC A. & JANET A. DEBUYSSER PATRICK S. DILLER 4121 S. MAIN ST. 4115 S. MAIN ST. 4122 S. MAIN ST. SOUTH BEND, IN. 46614 SOUTH BEND, IN. 46614 SOUTH BEND, IN. 46614 TAX KEY # 23 1025 1422 TAX KEY # 23 1005 1421 TAX KEY # 23 1025 1408 PATRICK S. DILLER WMCR HOLDING COMPANY LLC C 8 REALTY 4122 S. MAIN ST. 2229 U S. 23 SOUTH 5233 COLDWATER RD. SOUTH BEND, IN. 46614 ALPENA, MI. 49707 FORT WAYNE, IN. 46825 TAX KEY # 23 1025 1407 TAX KEY # 23 1025 1384 TAX KEY # 23 1025 1382 C 8 REALTY CITY OF SOUTH BEND PARK DEPT. BARCLAY CORPORATION COUN'T'Y CITY BLDG 5233 COLDWATI_R RD. P.O. BOX 536 FORT WAYNE, IN. 46825 SOUK-T BITID, IN. 46601 SOUTH BI~ID, IN. 46624 TAX KEY # 23 10251380 TAX KEY # 23 1025 1443 TAX KEY # 23 10251444 WEI`IDYS OF FT. WAYNE INC. JEROME A. OSBORNE WENDYS OF FORT WAYNE INC. AN OHIO CORP. 4325 S. MAIN ST. 310 S. DIXIE WAY 310 DIXIE WAY SOUTH SOUTH BEND, IN. 46614 SOUTH BEND, IN: 46637 SOUTH BEND, IN. 46637 TAX KEY # 23 1025 1350 TAX KEY #2310251389 TAX KEY # 23 1025 1386 MARY JANEE W: LESLIE 4319 S. MAIN ST. SOUTH BEND, IN. 46614 TAX KEY # 23 1025 1349 Filedln Clc4'~:'s Office ~~~~~ ~ ~! ~~02 LORETTAd. WDt~ CITY GLERSC, ;0. ®Et~ll, ~°r• 01-23-02A11~22 P,CVD LEGAL DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIED AS: ALL OF LOTS 82 THROUGH 85 AND ALL OF LOTS 92 THROUGH 95 AND THE SOUTH 34.1 FT. OF LOTS 81 AND 96 ALL AS SHOWN ON THE PLAT OF " MYER'S & FUNK'S 3~ PLAT OF CHIPPEWA HEIGHTS" ADDITION TO THE CITY OF SOUTH BEND AS RECORDED IN PLAT $OOK # 10 ON PAGE # 176 IN THE RECORDS OF THE ST. JSOEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 1.77 ACRES MORE OR LESS. SU$JECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. e @9~ra ~~~ ~~~~ ~: ~ ~~~c~~ ,~~~~ ~ ~ ~~0~ t.on~rrn ~. oucr. ctnr ct.t:r~, ~. Q~t:~, R!. ~~ Uanch, F/arner ~ ~1 ssociates, Inc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4t" Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Wendy's of Fort Wayne, Inc. for property at 4227 South Michigan Street, South Bend, Indiana: Dear Council Members: Land Surveyors .Professional Engineers Landscape Architects .Land Planners December 28, 2001 Our clients are requesting the approval of a Rezoning for their property at 4227 South Michigan Street, South Bend, Indiana. This rezoning is to allow for the removal of the existing Wendy's building and the construction of a new Wendy's on the same site. The property will also contain a new ATM machine for Teachers Credit Union. Our clients believe the new building and the ATM machine will be compatible with the other commercial uses existing along this portion of South Michigan Street. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Ranch President Ranch, Horner & Associates n ~-~a. r, 'pi1!^9 bb"C~v~~'~i~^ ~~Apa 2422 Vridian Drive, Suite 201 ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 office 2191234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 office 6161471-3010 ^ Fax 616/471-7237 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 February 20, 2002 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A pproposed ordinance and site development flan of Wendy's of Fort Wayne, Inc. to zone from "A" Residential, and "C" Commercial, "A' Height and Area to "C" Commercial, "A" Height and Area, property located at 4227 South Michigan Street, City of South Bend - APC #{2123-02 Dear Council Members: The above referenced ordinance and site develo ment lan of Wendy's of Fort Wayne, Inc. was legally advertised February 7, 2002. The Area~lan commission at its public hearing on February 19, 2002, took the following action: Upon a motion by John DeLee, being seconded b Charlotte Sobel and unanimously carried, the pproposed ordinance~and site development flan ofYWendy's of Fort Wayne, Inc. to zone from "A" Res><dent><al, and C Commerc><al, A He><ght and Area to C Commercial, A Height and Area, proQerty located at 4227 South Michigan Street, City of South Bend is sent to the Common Council w><th a favorable recommendation subject to a final site development plan. The majority of the property is currently zoned "C" Commercial. It is the Commission's opinion that the proposed new facility and expansion will have a positive impact on the surrounding area. 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. Sin a y, , obert W. Sante RWS:sr Attachment CC: Wendy's of Fort Wayne: Inc. CC: Danch, Hamer & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Wendy's of Fort Wavne, Inc. 2123-02 Location: 4227 South Michigan Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a restaurant with a drive-thru window and an ATM machine. EXISTING LAND USE: The property currently contains a fast food restaurant. SURROUNDING LAND USE AND ZONING: Located to the north and south are commercial business zoned "C" Commercial, "A" height and area and parking lots associated with the Commercial businesses zoned "A" Residential, "A" height and area; to the east across Michigan Street is vacant land zoned "A" Residential, "A" height and area; and to the west across Main Street are single-family homes zoned "A" Residential, "A" height and area and a residential structure and a commercial building zoned "D" Light Industrial, "A" height and area. ACCESS: Access to the site is from both Main Street and Michigan Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 1.77 acres. Of that, the buildings will occupy 3,416 square feet, or 4 percent of the site; the parking and drives will occupy 44,023 square feet, or 57 percent of the site; and 29,771 square feet or 39 percent of the site will remain as open space. ENVI~2QNMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards or wetlands are present. The St. Joseph County Ireland Road (Bendix) CERCLIS environmental hazard site is located to the south of the site. SITE PLAN: The site plan is preliminary. A(3ENC COMMENTS 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 majority of the property is currently zoned "C" Commercial. It is the staff's opinion that the proposed new facility and expansion will have a positive impact on the surrounding area. h ~ 4 C~~~ 0 _ :: ~ _v ~. om« Q° a eowiuaw PETITION AREA y ~~~ y D C q~ C~°c~ o ~-~~ ~ _ ~ IRELAND W ~ ~ ' IRELAND RD' ~ ~ ~ ~ t REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT 8~ AREA, & "C" COMMERCIAL, "A" HEIGHT 8~ AREA TO: "C" COMMERCIAL, "A" HEIGHT & AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL D "B" RESIDENTIAL D "C" COMMERCIAL O "C1" COMMERCIAL DISTRICT ~~ "C2" PLANNED SHOPPING ~~ DISTRICT "D" LIGHT INDUSTRIAL ~~ "E" HEAVY INDUSTRIAL D `~ APC #2123-02 O 100 300 600 Graphic Scale PETITION AREA METALMATION DR.