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HomeMy WebLinkAboutRezoning - 4324 S. Main StreetORDINANCE No. 9238-01 Passed by the Common Council of the City of Soutli Bend, Indiana August 13, Attest: Attest: 20 01 Presented by me to the Mayor of the City of South Bend, Indiana pi,~i~t 1 dT 20 ~_ City Clerk President of Common Council Ciry Clerk Approved and signed by me August 15, 20 O1 Mayor ORDINANCE NO. 1 Z 3 ~ " O AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED-AT 4324 S. 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: A part of the West Half of the Northwest Quarter of Section 25, Township 37 North, Range 2 East bounded by a line running as follows, viz: Beginning at a point on the Westerly line of the Michigan Road 500- feet Northerly (measured along said Westerly line) of the intersection of the Westerly line of said Michigan Road with the North line of the Ireland Road (formerly Ice Road} said paint of intersection being 20 feet North of the South line of the Northwest Quarter of said Section 25; thence Northerly, along the Westerly line o€ said Michigan Road, 100 feet; thence-West 150 feet; thence-Southerly, parallel with said Westerly line of the Michigan Road, 100 feet; thence East 150 feet to the place of beginning, and being known as-Lots Numbered One (1) and Two (2) as shown on an unrecorded Plat of John A. Byer's Proposed Addition in Centre Township. be-and the-same is hereby established as "D" --"Light- Industrial, "a" Height and 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 ounc 1 st RG HEARING~'\ ~-a\ PUBtI 3rd READING 8-~j-0~ NOT APPROVED a REFERRED /~-`P• ~~`~ PASSf~i g' -\3 -0\ 0.S 0.S S c,~bs~'` ~ssub~- S u,,vS~ ~~ ~l~GC$ ~Cl CI@C~'S ~ffi~e _____.. Jc~~! z ~ zoot L®E3°TrA J. t3'.~it.~ ClTYCLERS4, 3C. ~RP:~, !~ 9. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: RTT .T . N(l 46-01 A BILL AMENDING THE LOCATED AT 4324 S. SOUTH BEND, INDIANA ZONING ORDINANCE FOR PROPERTY MAIN STREET, IN THE CITY OF 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. Charlotte Pfeifer Chairman Date Filed Date received by the Area Plan Comnussion Application No. 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: 4324 S. Main 5t., South Bend, I1V 46614 (Near the intersection of Walter St. & S. Main St.) 2) Name and address of property owners of the petition site: William J. Lee Larry E. May 1569 Wildflower Way 1601 McKinley-Ave. South Bend, IN 46617 South Bend,1N 46617 3) Name and address of contingern purchaser, if applicable: None 4) It is desired and requested that this property be rezoned from "A" Residential, "a" Height and Area to "D" Light Industrial, "a" Height and Area 5) 'Phis rezoning is requested to allow the following use: Storage 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 (e} 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/maly be requested. W.~-' William J. Lee E. May PETITION PREPARED BY: William J. Lee` 1569 Wildflower Way South Bend, IN~ 46617 stied to Gle~&~'s gffiCe Jtl~! 2 7 2001 t.~il:' I ~ I'i ~. IW U.~+ CiTV ClrR::~ :~'. G>t:8t~ ~$. 1 45 -1364 26.1352 0 ' P2/ 4• /529 . r //3 '/443 ~ e -1344 ` roo44 ~ O 29.1x53 5-1330 o v "'~ m ~` ~ ~ ~, ~ 44 -/3G7 20 O //¢ -/447 ~ o iG4 n 44 ,. L. .. .. 4e.i !UX'l9Utl ....~ -13Bo l(~ ~. 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WALTER - ST. -1- o -/434 Y o ~ ~ •ro9l ,, B6 0 4G1.o1 ssc a /so 44 doh 48 -/x4e ~ 25 ~ $ ,~ ao / - ~ 24./347 /!4G u s` -/444 / 50 n $ . ~ 47 -roso 2G '~23 2 ., " o 8 " 23-1025 4G ~ 27 ~ -/~46 ~ ~ •/948 h //27 I r -/395 43 3Q/xsi ° /9 O ~ ~° NORMAN •1j55 31 ~ ' , ` l6 , -H3l j h ~ ,~~•, 1BG.Ore 42 o -/314 o ' 4/ ./j a g -/35G ~ ~ ~' ~ /7 8 Q a /454 o h 40 33.13s7 ,~ /G 9 /50 ~ ~ _--_-- jo9;g J °' I ~ 8 ~ ' - aou m o ` o ` ~ 2 g m I /0-/335 a..n.e coprrrpm X994 - ~ ~ ~ ~ 4 /00 /4570 ~evrriv~~ iee7 30 so •. so si so ~• s iso ~z3 ~• THE SIOWELL COMPANY A`A~~ _ ~e- iGe , ~~ SCALE : I" 100' '1'U B-25E CENTRE 8~ PORTAGE TWPS, 8-25A W.~/2 N.W./a SEC. 25 T.37N. R.2E. A.r i I Iu e I c i~" I m N ~ I hI I a v I ~ I h ^ I v n 5/d 45 I 90 G9 p D' L 0 H 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 July 18, 2001 The Honorable Common Council ~ ~ b , r~ City of South Bend ~S "~-~ ~ ~ ~J County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A pproposed ordinance and site development pplan of William J. Lee and Larry E. May to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located at 4324 S. Main Street, City of South Bend - APC #2077-01 Dear Council Members: The above referenced ordinance and site development plan of William J. Lee and Larry E. May was legally advertised on July 5, 2001. The Area Plan Commission at its public hearing on July 17, 2001, took the following action: Upon a motion by John DeLee, being seconded by Charlotte Sobel and unanimously carried, the ~ro~osed ordinance and site development pplan of William J. Lee and Larry E. May to zone from A' Residential, "A" He><ght and Area to "D" Light Industrial, "A" Height and Area : property located at 4324 S. Main Street, City of South Bend is sent to the Common Council w><th a favorable recommendation, subject to a final site development plan. The site is adjacent to commercially zoned propperty to the east and in close proximity to other industrial and commercial zoned and used areas. In the Commission's opinion, the proposed zoning and use is reasonable for this site. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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. Sincerely, GU. ~~ ~~~~~ B orm Y RSJ:sr Attachment CC: William J. Lee and Larry E. May Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT July 9, 2001 William J. Lee and Larrv E. May 2077-01 Location: 4324 S. Main Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area to allow a storage building. EXISTING LAND USE: The property currently contains a storage building. SURROUNDING LAND USE AND ZONING: Located to the north and east are commercial businesses zoned "C" Commercial, "A" height and area; to the south is vacant land and single-family homes zoned "A" Residential, "A" height and area; and to the west are single-family homes zoned "A" Residential, "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 15,000 square feet. Of that, the buildings will occupy 816 square feet, or 5 percent of the site; the parking and drives will occupy 1,779 square feet, or 12 percent of the site; and 12,450 square feet or 83 percent of the site will remain as open space. ENVIRONMENTAL 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 north of the site. 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 site is adjacent to commercially zoned property to the east and in close proximity to other industrial and commercial zoned and used meas. In the staff's opinion, the proposed zoning and use is reasonable for this site.. ~o ~~Qa~ 70 .o A Zr' •~n~C ~DS~3~= °z_ ~~~333voo Z --33mmm o zZmm~o Z ~ oo~o~ov v a~°ge .,o ~~ o.. F~~ ~ 3 'a ~~ o o ~p~~ N ~ to 0 Z -~ ZZ ~C -I ~ . a aS• .. _ 0 !' Za0 ~• -~ o~ o ~ ~' 8 ~s a ~ ~ go ~ O .. en I I v I lJ u lJ I I sC~~__-- - ~ - I ~ I I ~~ ~ D°C°~l 1 1 1 1 1 1 ~ I 1 1 1 V (J ~ p I I I I 0 I I I i~ z MAIN ~i I I I~ ~ I it ~~ ® ~~ rr I I ST. I I ----t [d I I I. I I I i C~~ ~ I I p MICHIGAN '~ ~ I I t I I ~ U.S. 31 Z ;L I ~ sr. I I a ~ I I I ~ J it p ~/ ~ ~°d - y ~ ~ 0 ~ __~ 0 1 1 °~ I ~ ~ ST. JOSEPH ST. ~, ~ C~c~ I 6~t v ~°~