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Home My WebLink AboutRezoning - 3019 S. Michigan StreetORDINANCE No. 8069 sa Passed by the Common Council of the City of South Bend, Indiana January 12, 19 98 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 13, 19 98 City Clerk Approved and signed by me January 13 , 19 98 Mayor ~(_._ ORDINANCE NO. V~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3019 S. 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: Lots 5 and 6 of John D.J. Farneman's First Addition be and the same is hereby established as O-Office. 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 1st P.EADiNG //-~~~ 9 PUBLIC HEARING /- /2,~J 3 rd READING ~_ ~2 - C/ ~" NOT APPROVED REFERRED PASSED ~-~~~cJ~ Filed in Clerk's Office ~90V - 5 1997 LORE7TkJ. DUDd+ CRY CLERK 80. BEND IN. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee of the Whole, to whom was referred Rlll. Nn 110-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3019 S. MICHIGAN STREET IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommend to the Council favorably. Tohn Broden Chairman Date Filed Date received by the Area Plan Commission -------------------------------------------------------------------------------------------------------------------------- I, Mary Ann McGuire, 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: .3019 S. Michigan Street, South Bend, Indiana. 2) Name and address of property owner(s) of the petition site: Mary Ann McGuire 2925 Creekmore Court Elkhart, Indiana 46514 3) Name and address of contingent purchaser(s), if applicable: Jerry Ivacic 1513 Miami St. South Bend, IN 46613 4) It is desired and requested that this property be rezoned from B-Residential, A Height and Area to O-Office 5) This rezoning is requested to allow the following use(s): Office 6) Attached is a copy of (a)legal description of the property; (b) a list of names and addresses of all property owners 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) 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 maybe requested. ,,./ ~~ ~ ~ ~ 1 /~-~ Mary An ' cGuire PETITION PREPARED BY: Mike Finkler 18768 Pudding Lane South Bend, IN 46614 219/243-9515 ~ale~ 6n ~~~rtc'v C~ffi~~ OEC 1 ~! 199? t.ots~~, ~: a~~~ cm ct.I:x3ts~ so. t3Ettn, ttt, Application No. , ~ ~ j ! %~~ :-- Aria 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 17, 1997 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 ~31~~ ~~c,. I ID q 1 RE: A proposed ordinance and site development plan of Mary Ann McGuire to zone from "B" Residential, "A" Height and Area to "O" Office, property located at 3019 S. Michigan Street, City of South Bend - APC #1807-97 Dear Council Members: The above referenced ordinance and site development plan of Mary Ann McGuire was legally advertised December 4, 1997. The Area Plan Commission at its public hearing on December 16, 1997, took the following action: Upon a motion by Randall Matthys, being seconded by John McNamara and unanimously carried, the proposed ordinance and site development plan of Mary Ann McGuire to zone from "B" Residential, "A" Height and Area to "0" Office, property located at 3019 S. Michigan Street, City of South Send is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Although this property is bordered by residential zoning to the north, south and west, there are offices to the north along Michigan Street. There are also two offices directly to the east across Michigan Street. It is the Commission's opinion that "0" Office zoning would be appropriate for this site, however, the Commission would not encourage further encroachment of "0" Office zoning into the residentially zoned area to the south. 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, G~~~l,~~~-- Robert W. ante RWS:sr Attachment CC: Mary Ann McGuire CC: Jerry Ivacic CC: Mike Finkler ~'!f@f~ i~ ~I~rtt~S ~~~lCtr DEC 1 7 1997 LORETTA J, DUD!! CITY CLERK, gp, OEND. IN. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT December 8, 1997 Marv Ann McGuire 1807-97 Location: 3019 S. Michigan Street City of South Bend REQUESTED ACTION: The Petitioner is requesting a zone change from "B" Residential, "A" Height and Area, to "O" Office, to allow an office. EXISTING LAND USE: The property contains a single family home. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes and offices zoned "B" Residential, "A" Height and Area, to the east are offices zoned "C-1" Commercial, "A" Height and Area and "O" Office, to the south are single family homes zoned "B" Residential, "A" Height and Area and to the west are single family homes zoned "B" Residential, "A" Height and Area. ACCESS: Access to the site is from Farneman 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 re2oned is 14,000 square feet. Of that, the buildings will occupy 1,210 square feet, or 9 percent of the site; the parking and drives will occupy 2,120 square feet, or 15 percent of the site; and 10,678 square feet or 76 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. 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 Plan. Although this property is bordered by residential zoning to the north, south and west, there are offices to the north along Michigan Street. There are also two offices directly to the east across Michigan Street. It is the Staff's opinion that "0" Office zoning would be appropriate for this site, however, the Staff would not encourage further encroachment of "O" Office zoning into the residentially zoned area to the south. C~~a a 0 DONMOYER 1 1 _ RES. _ 2 ~ p~j F~E 2 OFF CI E RES Q ~° 3 Q 3 ~ U ~ ~ ~~- RES. ' ~.. 4 4 s. ~ p RES. Q o ~ 5 •5 -~=~- RES. 6 RES. FA_Rf~-EMAN z Q _--~ ASHER ~ ~ OFFICE PETITION AREA S T , z ~ Q R ( V RE R U ~a REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT & AREA T0: "0" OFFICE PETITION AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL O "B" RESIDENTIAL O "C-1" COMMERCIAL O "C" COMMERCIAL L~ "D" LIGHT INDUSTRIAL O "E" HEAVY INDUSTRIAL D "0" OFFICE D 1 V APC # 1807-97 0 100 200 400 ~t ~ Graphic Scal e ST.