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Home My WebLink AboutRezoning 3811 South Michigan Street ORDINANCE No. Passed by tlae Compton Council of the City of South Bend, Indiana September 10, Attest: Attest: ~- Presented by me to the Mayor of the City of South Bend, Indiana ~entPmhPr 11, 20 01 ~; 9254-01 City Clerk President of Common Councit City Clerk September 12, Approved and signed by me 20 _ 01 20 ~'~'' i~ ~~ G ~ ` MaJ~' ORDINANCE NO. 1 Z ~ ~ -0 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 SOUTH MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA BE TT 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 descn`bed real estate in the City of South Bend, St. Joseph County, State of Indiana: A tract of land in the Northwest Quarter (1/4) of Section 25, Township 37 North, Range 2 East, in the City of South Bend, Indiana, more particularly described as follows: Beginning at the point of intersection of the present South line of Chippewa Avenue and the East line of South Main Street in the city of South Bend, said point of begirming being 50 feet South of the centerline of Chippewa Avenue and 30 feet East of the centerline of South Main Street; thence Southerly along the East line of South Main Street, a distance of 295.00 feet; thence East along a line with a deflection angle to the left of 94 degrees -46'-40", said line being parallel with the South line of Chippewa Avenue, a distance of 340.75 feet to the West line of South Michigan Street; thence Northerly along said West line of South Michigan Street, a distance of 51.84 feet to a point of curve; thence Northwesterly along a curve to the left, said curve having a radius of 218.87 feet, an arc distance of 367.42 feet to the South line of Chippewa Avenue; thence West along said South line, a distance of 104.17 feet to the point of beginning, containing approximatley 2.03 acres be and the same is hereby established as "C" Commercial, "A" Height and Area. SECTTON 1T. 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 7 sr RE,4DIRd 1 ~~"61 ^, PUBLIC HEARING ~--\Q-b\ ~S S u~s~~~~~4~ 3 rd READING ~ _\p -p\ Q~ ~ ~~ps.~.~-L;c~'~;.e{~ NOT APPROVEp REFERRED A '~ ' 1 ~~ U` PASSED C~_\b-d\ o_S Sa~~~~~~ Filed do Gi~~~t's ~~~o~~ E~~~r o ~ zoos LOR~TTP, J. DtI'1or. M' C~ .~IrR~, vt~. ~~~It~, I'e COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 57-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3811 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 as substituted. Andrew Udjak Chairman Date Filed Application No.~ _ Date recieved by the Area Plan Commission I the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordianace as herein requested 1) The property sought to be rezoned is located at: 3811 S. Michigan St. South Bend, Indiana 46614 2) Name and address owner(s) of the petition site: Richards Restaurants Inc. 8341 N 400 E Bryant, Indiana 47326 219-997823 3) Name and address of contigent purchaser(s), if applicable: not applicable 4) It is desired and requested that this property be rezoned from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area 5) This rezoning is requested to allow the following uses: Retail auto sales, detailing vehicles owned by the company and minor mechanical repair. 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; and (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 maybe 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 FI~~~ ~n Gt~~~,'s ~ff~c~ LOR~7Td J, l'34JtJx CITY CLERS~, ~. t?~t~d'3i , ;9~. PETITION PREPARED BY: Brandon Cretacci Group II Automotive D.B.A. Bart's Car Store 50537 US 933 N South Bend, dian 37 219-273-42 rc.- r. ~" r' Signature(s) of All Property Owner(s) or Attorney for all Property Owner(s) Ronald Milholland Richards Restaurants Inc. 8341 N 400 E Bryant, Indiana 47326 219-997-6823 filed ~n CO~C~r''s ®f$6ce ~11~ a ~ ?_OOi tTV«"-t~'j~ a. a~~a CeF I i j.16.~"' iilsy ~r: ~:~1~~ i" ~: Legal Description of Property A tract of land in the Northwest Quarter (1/4) of Section 25, Township 37 North, Range 2 East, in the City of South Bend, Indiana, more pazticulazly described as follows: Beginning at the point of intersection of the present South line of Chippewa Avenue and the East line of South Main Street in the city of South Bend, said point of beginning being 50 feet South of the centerline of Chippewa Avenue and 30 feet East of the centerline of South Main Street; thence Southerly along the East line of South Main Street, a distance of 295.00 feet; thence East along a line with a deflection angle to the left of 94 degrees -46'-40", said line being parallel with the South line of Chippewa Avenue, a distance of 340.75 feet to the West line of South Michigan Street; thence Northerly along said West line of South Michigan Street, a distance of 51.84 feet to a point of curve; thence Northwesterly along a curve to the left, said curve having a radius of 218.87 feet, an arc distance of 367.42 feet to the South line of Chippewa Avenue; thence West along said South line, a distance of 104.17 feet to the point of beginning, containing approsimatley 2.03 acres. F~~~i~ ~Pl CI~C~t's ~f~o~~ LOr~~J. ~~le'f; ...... C17Y CLEFt~; .^.C. E?~:Fii7, :?; .~ ' -. 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 219 235-9571 Fax 219 235-9813 August 22, 2001 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE; A proposed ordinance and site development lan of Richards Restaurants, Inc. to zone from C Commercial, A Height and Area to C Commercial, A Height and Area, property located at 3811 S. Michigan, City of South Bend - APC #2090-01 Dear Council Members: The above referenced ordinance and site development plan of Richards Restaurants, Inc. was legally advertised August 9, 2001. The Area Plan Commission at its public hearing on August 21, 2001, took the following action: Upon a motion by Robert Hawley, being seconded by Gary Gilot and unanimously carried, the proposed ordinance and site development plan of Richards Restaurants, Inc. to zone from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3811 S. Michigan, City of South Bend is sent to the Common Council with a favorable recommendat><on, subject to a final site development plan. This site was rezoned to "C" Commercial, "C" Height and Area in 1974. It is the Commission's opinion that the proposed zoning and use is consistent and compatible with the other commerc;<ally and industrially zoned and used sites in 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. Sint reN~ , ,~, ~ ~` ~~~/~~` obert W. Sante RWS:sr Attachment CC: Richards Restaurants, Inc. CC: Brandon Cretacci Serving South Bend, Lakeville, New Carfisfe, North Liberty, Osceola, Roseland and St. Joseph County, Indiana e STAFF REPORT August 13, 2001 Richards Restaurants, Inc. 2090-01 Location: 3811 S. Michigan City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow retail auto sales, detailing vehicles owned by the company and minor mechanical repair. EXISTING LAND USE: The property currently contains a vacant restaurant. SURROUNDING LAND USE AND ZONING: Located to the north is a church zoned "C" Commercial, "D" Height and Area and "B" Residential, "A" Height and Area; to the east across Michigan Street are single-family homes zoned "A" Residential, "A" Height and Area; to the south are commercial businesses zoned "C" Commercial, "D" height and Area; and to the west across Main Street are industrial businesses zoned "D" Light Industrial, "F" height and area. ACCESS: Access to the site will be from Main 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 2.03 acres. Of that, the buildings will occupy 6,405 square feet, or 7 percent of the site; the parking and drives will occupy 1.7 acres, or 85 percent of the site; and 7,817 square feet or 8 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no flood hazards or wetlands are present. A public well is located northwest of the site and the St. Joseph County Ireland Road (Bendix) CERCLIS environmental hazard site is located southwest of the site. SITE PLAN: The site plan is preliminary. AGENCY 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. This site was rezoned to "C" Commercial, "C" Height and Area in 1974. 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