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HomeMy WebLinkAboutRezoning 1575 N. Bendix Dr.ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana -.. January 11, 19 99 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 12, 19 99 City Clerk Approved and signed by me January 15 . 19 99 Mayor •. ORDINANCE NO. ~ ~ ~ ~ 9 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1575 NORTH BENDIX DRIVE 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: That part of the Southeast Quarter of Section 33, Township 38 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as: Lot #3 of the Plat of "Kaniewski Second Minor Subdivision" as recorded by Document No. 9648422 in the Records of the St. Joseph County, Indiana Recorder's office. Containing 1.48 acres more or less. be and the same is hereby established as C-Commercial, 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 Council Miller.Ordinance 1st READING ~ ~- 9 - I PUBLIC HEARING ~ -~/- 9 9 3 rd READING / ~ // - 9 9 NOT APPROVED REFERRED fI-q_~ B ~ ~'~~~_ ~~~ Fiteti in Clerk's ®ffice DEC 1 ~ 199a LORETTA J. DUDA CrfYCLEFiK~;iO. BEFtD, Itd. PASSER ~- ~~-9 ~ ~S S U-~6T ITV ~D CONIlVIITTEE REPORT TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 91-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1575 NORTH BENDIX DRIVE IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably; as substituted. Charlotte Pfeifer Chairman Date Filed Date Received by the Area Plan Commission Application No. I, 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: Directly North of Hollywood Video, which is located at 1501 North Bendix Drive. The property to be zoned is vacant land and I believe that the common address is 1575 North Bendix Drive, South Bend, Indiana, 46628. 2) Name and address of property owner of the petition site: Albert Mickelson P. O. Box 2361 South Bend, IN 46680 3) Name and address of contingent purchaser, if applicable: Dale A. Miller 64018 Miami Road Bremen, IN 46506 4) It is desired and requested that this property be rezoned from C-Commercial, E Height and Area to C-Commercial, A Height and Area 5) This rezoning is requested to allow the following uses: Automobile Repair; Retail Sale of Automotive Parts and the Sale of Hanicapped Automobile Accessories 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 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) yeaz of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one yeaz 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. An ony M pia Attorney at aw 52582 US 31 North South Bend, Indiana 46637 Telephone: 219.277.8720 Attorney for Property Owner, Albert Nicholson, and Contingent Purchaser, Dale A. Miller PETITION PREPARED BY: Anthony M. Zappia Attorney at Law 52582 US 31 North South Bend, IN 46637 Miller.Application CONTACT PERSON: Anthony M. Zappia Attorney at Law 52582 US 31 North South Bend, IN 46637 Telephone: 219.277.8720 Fit®d in Clerk's ~ft~~:.~. -----------~t 4' PdOV 2 0 1~"~g lORETTA J. DUDA CITY CLERK,'S0. BE~dD, I;c. EXHIBIT "A" That part of the Southeast Quarter of Section 33, Township 38 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as: Lot #3 of the Plat of "Kaniewski Second Minor Subdivision" as recorded by Document No. 9648422 in the Records of the St. Joseph County, Indiana Recorder's office. Containing 1.48 acres more or less. QGT 3 1 199 ..~~ LE~~sWi~s<,!. G,E~~ Area Plan Commission of St. Joseph County ' 1140 County-City Building ` - 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 December 16, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 I~iL~ ~1~, ql-9R RE: A proposed ordinance and site development plan of Albert Mickelson to zone from "C" Commercial, "E" Height and Area to "C" Commercial, "A" Height and Area, property located at 1575 North Bendix Drive, City of South Bend - APC #1890-98 Dear Council Members: The above referenced ordinance and site development plan of Albert Mickelson was legally advertised December 3, 1998. The Area Plan Commission at its public hearing on December 15, 1998, took the following action: Upon a motion by Lloyd Taylor, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Albert Mickelson to zone from "C" Commercial, "E" Height and Area to "C" Commercial, "A" Height and Area, property located at 1575 North Bendix Drive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed zoning and land use is consistent and compatible with other uses along this part of Bendix Drive. This development will be required to conform to design guidelines set forth for this area in the Airport 2010 Plan. 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. Si rely, obert w. Sante RWS:sr Attachment CC: Albert Mickelson CC: Dale A. Miller CC: Anthony M. Zappia, Attorney at Law Filed in Clerk's office DEC 1 ~~ 1998 LOgETTA J. GUt)t, CRY CLERK, ~o. BEt~O, t' Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana _~ , Albert Mickelson 1890-98 Location: 1575 North Bendix Drive City of South Bend STAFF REPORT December 7, 1998 REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "E" Height and Area to "C" Commercial, "A" Height and Area to allow an automobile service center and parts sales. EXISTING LAND USE: The property currently contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north and east are industrial uses zoned "D" Light Industrial and "E" Heavy Industrial, "A" Height and Area; to the south are businesses zoned "C" Commercial, "A" & "E" Height and Area and to the west is vacant land zoned "C-1" Limited Commercial "E" Height and Area and homes zoned "A" Residential, "A" Height and Area. ACCESS: Access to the site is from Bendix Drive. 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 1.48 acres. Of that, the buildings will occupy 13,000 square feet, or 20 percent of the site; the parking and drives will occupy 24,050 square feet, or 37 percent of the site; and 27,419 square feet or 43 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, wetlands or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: A drainage plan will be required by the City Engingeer at the final site plan stage. In 1991 this site was zoned to "C" Commercial, "E" Height and Area to allow retail uses. APC #139.5-91 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 plan. The proposed zoning and land use is consistent and compatable with other uses along this part of Bendix Road. This development will be required to conform to design guidelines set forth for this area in the Airport 2010 Plan. ~~1 i.~ .~ ER ' -- r 47 N ouw ~~ CIM D~~ PET1Ti0N AREA eeroaK °~ ~~ 0 Z W Y ElW00D ST. . 0 AVE. ~_~ _~ _® U• S 2 o Q°-g° - ~.-- - ~~ -~ ~ ~ J X ~, I W Z I ' W IST m W ~oyN ,S W < k~q Y < w 3 ~` ~Lo'd W AY ~ ° C~°a r I I I I I I ~ ~ N C ELM000 0 ~ CALHOUN ST 0 a 0 0 C J w PETITION AREA ® N SOUTH BEND EXISTING ZONING "A" RESIDENTIAL O APC # 1890-98 "8" RESIDENTIAL O "C1" COMMERCIAL (LIMITED) O "C" COMMERCIAL O o ~ oo soo aoo 600 "D" LIGHT INDUSTRIAL O "E" HEAVY INDUSTRIAL © croph~e sea~e REZONING FROM: "C" COMMERCIAL, "E" HEIGHT & AREA, T0: "C" COMMERCIAL, "A" HEIGHT & AREA