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Home My WebLink AboutRezoning - 4500 S. MainORDINANCE No. eas,-~ Passed by the Common Council of the City of South Bend, Indiana, March 12r 19 ~_ Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana ~ry Clerk President of Cammon Council March 13, 19 98 City Clerk Approved and signed by me March 16, 19 98 Mayor ORDINANCE NO. / OVI ~' I AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4540 SO. MAIN ST. 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 is hereby 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: LEGAL DESCRIPTION FOR 4500 SO. MAIN 90' x 300' PARCEL I: A PART OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH PART IS BOUNDED BY A LINE RL;TNNING AS FOLLOWS, BEGINNING AT A POINT 24 RODS SOUTH OF THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 90 FEET, THENCE EAST 300 FEET, OR MORE, TO THE WEST LINE OF PROPOSED MAIN STREET; THENCE NORTHEASTERLY ALONG THE WEST LINE OF PROPOSED MAIN STREET, TO THE SOUTH LINE OF A THREE ACRE TRACT CONVEYED TO CABBIE L. BASSETT BY W~-RRANTY DEED DATED MARCH 30TH., 1912, RECORDED IN DEED RECORD 147, PAGE 390 OF THE RECORDS OF ST. JOSEPH COUNTY, INDIANA; THENCE WEST ON THE SOUTH LINE OF SAID BASSET TRACT, TO THE PLACE OF BEGINNING. 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 m/Jayor, and legal publication. Member of the Common Council 1st READING `~! ~~ ! PUBLIC HEARING~_f~,G~ ~! 3 rd READING J'1 _ ~~ _~ p NOT APPROVED D REFERRED PASSED ~-/Z,~ ~j ~ j s(~~57 ~%Z~~~ i~"il~c~ in CiO~ is°~ t7iri~c:: JAP! 3 r i~9a lG~;:°i-tai J. CllD.", C17Y Ci.EFdl:,. ;,fl. E ~ t:IJ, i't, Date Filed Date received 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 ordinance as herein requested. 1) The property sought to be rezoned is located at: 4500 So. Main St. South Bend, IN 46614 2)Name and address of property owner (s) of the petition site: Albert Nickelson PO Box 2361 South Bend, IN 46614 3)Name and address of contingent purchaser (s), if applicable: Robert M. Wilcox 59775 Cottonwood. Cri. Mishawaka, I1V 46544 4)It is desired and requested that this property be rezoned from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area 5)This rezoning is requested to allow the following use (s) The site is to be used by office personnel for their daily clerical work. It will also house all administrative offices of the company. It will be used as a service center to repair electronic equipment such as computers, printers and the like. 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) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one (1) year following the approval of the final site plan. Failure to submit a,final site plan or obtain a building permit ~viihin the specified time period, causes the zoning of the petitioned property io revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. Signature(s) 11-P arty o~i~ner(s) Or Attorne r all o ert wn r s ETITI ABED BY: Robert M. Wilcox 59775 Cottonwood Ct. Mishawaka, IN 46544 (219) 25G-9165 ~11f31ir. I14 ~~r~~,t.~c (~I~I~C' Jet! ? ~ 1g98 c~s~t ct.~s~~ ~o. ~ ~.tro, ~`t. Application No. COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 4-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4500 S0. MAIN ST. 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. John Broden Chairman r _~ , - .. , - 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 February 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 ~i~~ No a-q~ RE: A proposed ordinance and site development plan of Albert Mickelson to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 4500 S. Main Street, City of South Bend - APC #1819-98 Dear Council Members: The above referenced ordinance and site development plan of Albert Mickelson was legally advertised February 5, 1998. The Area Plan Commission at its public hearing on February 17, 1998, took the following action: Upon a motion by Randall Matthys, being seconded by Charles Shields and unanimously carried, the proposed ordinance and site development plan of Albert Mickelson to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 4500 S. Main Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. There is commercial zoning to the east of the petition site, and industrial zoning to the north and west. Rezoning the petition area to "C" Commercial would provide a transition between the Industrial zoning to the west and north, and the "A" Residential zoning 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, !~ \ W Robe RWS:sr Attachment CC: Albert Mickelson CC: Robert M. Wilcox i=ilea i~~ ~i~rE'~ ~;~i~~- j !~ FED 1 ~ 1998 LCl;~r;'.J. D:'G~:. CITY Cll:fi.'., ~0. ?'=:;aT, I?7. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Albert Mickelson 1819-98 Location: 4500 S. Main Street City of South Bend STAFF REPORT February 9, 1998 REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, to allow an electronics repair service and an office. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are a Commercial business zoned "D" Light Industrial, "A" Height and Area, and vacant land zoned "A" Residential, "A" Height and Area; to the east are a commercial business zoned "C" Commercial, "A" Height and Area, and a single family home zoned "A" Residential, "A" Height and Area; to the south are single family homes and vacant land zoned "A" Residential, "A" Height and Area; and to the west is the St. Joseph County Ireland Road Landfill zoned "E" Heavy Industrial, "C" Height and Area. ACCESS: Access to the site is from South Main Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer lines are located to the north along Ireland Road. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 27,000 square feet. Of that, the buildings will occupy 5,000 square feet, or 19 percent of the site; the parking and drives will occupy 11,176 square feet, or 41 percent of the site; and . 10,824 square feet or 40 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands or flood hazard areas are present. The St. Joseph County Ireland Road Landfill is located to the west of the petition area. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: a drainage plan will be required at the final site plan stage. PRELIMINARY STAFF RECOMMENDATION: Based on the 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. There is commercial zoning to the east of the petition site, and industrial zoning to the north and west. Rezoning the petition area to "C" .. STAFF REPORT February 9, 1998 Commercial would provide a transition between the Industrial zoning to the west and north, and the "A" Residential zoning to the south. C~~c~ aea ~`~(°1 s -= RD. IRELAND I ~ ~ ~~ ~ I D ~~ PENDING b" L. ! _ _ AP.C.1550-93 ORO. 8429-93 PETITION AREA C~~c~ ® ^ N e a Z a i _ _. . ----~, ~ r _J ~ _ I CAtLANDER ST. I ~°~I -° CAL NAL DER ST. ® ~ .~ HOOVER ST. i _J U. S. 20 BYPASS REZONING FROM: "A" RESIDENTIAL. "A" HEIGHT & AREA T0: "C" COMMERCIAL, "A" HEIGHT & AREA PETITION AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL C~ "C" COMMERCIAL D "C1" COMMERCIAL (LIMITED) D "D" LIGHT INDUSTRIAL O "E" HEAVY INDUSTRIAL C~ IV APC # 1$19-98 0 100 200 400 r r.1 r Graphic Scale