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.
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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
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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..
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