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Home My WebLink About9973-09 Rezoning - Southeasterly corner of Cleveland Rd & Mayflower Rd.ORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana November 9, Attest: Attest: Presented by me to the Mayor of the City of Sorrth Bend, Indiana November 10, 2009 E Approved and signed by me November 10, 20 09 21J 9 Ciry Clerk ~esident of Common Council -rte City Clerk %~--~ u Mayer ORDINANCE NO. 1, 1, AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD AND IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "CB" COMMUNITY BUSINESS DISTRICT TO ALLOW FOR THE DEVELOPMENT OF A HOTEL FACILITY AND RESTAURANT OR SMALL RETAIL SHOPS. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS 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 NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS : LOTS # 1 , # 2 AND # 3 OF THE PLAT OF "SHIVELY'S CLEVELAND ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0816485 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 8.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "CB" COMMUNITY BUSINESS DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMB R OF THE COMMON COUNCIL 2 ATTEST: CIT LERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE { y.~-~ DAY OF N ~ ~~ , 2 ~~ l , AT ~ ~.1~ O' CLOCK (~. M. ' ___ t L CI CLERK ~ \,~,~,~,i~, APP,,,t~tt~~RO~~/V~ED AND 2~r SIGNED BY ME ON THE ~~ ~ DAY OF ~~y-f~y.lJ-c~~ AT~O' CLOCK Q~ . M. ~ '• ~"R MAYOR, CITY SOUTH BEND, INDIANA 1st READING "l "~~~ \ PUBLIC HEARING ~ ~~~(,--0~( 3 rd P.EADiNG ~ ~---~-O~j NOT APPROVED f~ASSED G ~ l-•.`t:~o 1 ~ii~d ~Ll ~~~~'~'~ ~9c~~~ AUG 2 7 2009 Jot{t1 VuuO"PE CITY GL~3iy 9D. Fkti~,1~l. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 68-09 PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA 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. Ann Puzzello Chairperson, Committee of the Whole DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (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: SOUTHEASTERLY CORNER OF CLEVELAND ROAD & MAYFLOWER DRIVE, SOUTH BENDS INDIANA 46628. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: BRICK ROAD LLC ATTN: JON OR FRANK HUTTO 58000 W. EIGHT MILE ROAD, SUITE 200 NORTHVILLE „ MICHIGAN 48167 PHONE NUMBER (248)486-5570. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT TO: "CB" COMMUNITY BUSINESS DISTRICT 5). THIS REZQNING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RESTAURANTS OR SMALL RETAIL SHOPS B). HOTEL FACILITY. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAR KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES PRI ED IN 8 ~" x 11" FORMAT. ~~ / ~~ SIGNED, .~ ~ ~ l-l a'~ c PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARNER & ASSOCIATES _ ^ . ,. _ ~rJ Qf~6C8 1643 COMNDrRCE DRIVE ~,' ' ~_ __ SOUTH BEND, INDIANA 46628 (574) 234-4003 ~yP 2 2 ~~ ~'~?l~iN YOORDE ~:~LERK, S0. BEND, IN. LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOTS # 1, # 2 AND # 3 OF THE PLAT OF "SHIVELY'S CLEVELAND ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0816485 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 8.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. ~~4~~ ~~ ~~~~'tt' a ~~~~~ AUG 2 7 20C9 J04~?+' V~C3nt~E CITY CL~'?`C, Sf~. G~'"p, ly. Property Owners Within 300 Feet Brick Road LLC 58000 W Eight Mile Road Northville, M1.48167 Tax Key # 025 1012 0198 Estes Express Lines 3901 W Broad Richmond, VA 23230 Tax Key # 025 1018 0618 OI Capital Corp 421 S Second St Elkhart, IN. 46516 Tax Key # 025 1018 061612 Pochi Investments LLC P.O. Box 1630 Green Bay, WI. 54305 Tax Key # 025 1018 061611 Tuliptree Associates LLC 2180 Hornig Rd Philadelphia, PA. 19116 Tax Key # 025 1012 019937 r~`~s~~ ~t~ ~.°~t't~'S ~~a8~~ AUG 2 7 2009 J;~,i?1 V~Cs~aa~ ~:~~ GiL~'35(, :~;~, c-'a7~, lid. (~~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4~'' Floor County-City Building South Bend, Indiana 46601 Land Surveyors Professional Engineers Landscape Architects Land Planners August 17, 2009 RE: Rezoning Petition for Hutto Investments, Inc. for their property located at the Southeasterly corner of Cleveland Road & Mayflower Road, South Bend, Indiana 46628: Dear Council-Members: Our clients are requesting the approval of a Rezoning Petition for their properties located at the Southeasterly corner of Cleveland Road and Mayflower Road, South Bend, Indiana. This requested Rezoning will allow for the construction of Hotel facility along with multiple sites for Restaurants or small Retail Shops. Our clients believe that this type of development would fit well along this portion of Cleveland Road with easy access to the By-Pass, the Indiana Toll Road, the existing mixed uses and residential neighborhoods. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Ranch President Ranch, Harner & Associates File No. 090151 "C" Md. Ftted to Cterk's ®fttce AUG Z 7 2009 JOKti POOR&E Q iN. ~(GI.ERK, S0. 1643 Commerce Drive South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 October 21, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Brick Road, LLC to zone from LI Light Industrial District to CB Community Business District, property located at the southeasterly corner of Cleveland Road and Mayflower Road, City of South Bend - APC# 2534-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Brick Road, LLC was legally advertised on Thursday, October 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2009 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Brick Road, LLC to zone from LI Light Industrial District to CB Community Business District, property located at the southeasterly corner of Cleveland Road and Mayflower Road, City of South Bend is sent to the Common Council with a favorable recommendation. Properties along Cleveland Road have developed into a mix of industrial and office uses. This project will add a commercial node, supporting the businesses along Cleveland Road and the nearby residential areas to the north. 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. Sincerely, n W. Byorni JWB jsc Attachment CC: Brick Road, LLC Danch, Harner & Associates 0 CT 2 1 20u~ V ,IGii:`d 4~~i~c;E C! E t CLz.f~i;, ~C. F~?d~, !~. Serving South Bend, LakeviAe, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Resort Al'C # 2534-09 ®wner: Brick Road, LLC Location: the southeasterly corner of Cleveland Road and Mayflower Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District to allow restaurants or small retail shops, and a hotel facility. Land Uses and Zoning: On site: The site is undeveloped. North: To the north is a an uncultivated field zoned O Office District. To the northeast is a City of South Bend well field and to the northwest is a tire store, both zoned LI Light Industrial District. East: To the east is the city well field, unzoned. South: To the south is the Toll Road and associated maintenance area, unzoned. West: To the west is a trucking company zoned LI Light Industrial District. District uses and development standards: The CB -Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site plan description: The total area is 8.77 acres. A hotel and four restaurant/retail buildings of varying sizes are proposed for a total of approximately 40,100 square feet of buildings or 11 % of the site. A total of 3 i 5 parking spaces and access drives cover 69% of the site. There is 20% open space. There is one access from Cleveland Road and one from Mayflower. Zoning and land use history & trends: In 1979, a rezoning was initiated by the Area Plan Commission from A Residential to E Heavy Industrial to meet the needs of the Michiana Regional Airport. From 1996 to 2004, the property was zoned "D" Light Industrial. Since 2004, the parcel has been zoned LI Light Industrial District. Traffic and transportation considerations: Cleveland Road has four lanes and a center median. Mayflower Road is a two lane road that dead ends at the Toll Road. Utilities: The buildings are to be serviced by municipal water and sanitary sewer. Additional information: (Agency comments) The St. Joseph County Airport Authority is in support of this development. The only concern would be the location within the noise sensitive zone, but with proper soundproofing, there should be no noise problems. Brick Road, LLC #2534-09 Page 1 of 1 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan, South Send Comprehensive Plan, November 2006 Objective ED 8.1: Promote property tax paying development in the city. Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. I.,and LTse Plan: The Future Land Use Map identifies this area as Light Industrial. 2. Current conditions and character:. The site is vacant. Much of the property surrounding this parcel is dedicated right-of--way or government owned and is not likely to be developed. The property to the north was previously zoned BP Business Park before its current O Office zoning. 3. 10'Iost desirable use: The most desirable use for this property are those uses that are compatible with the industrial, office, and commercial growth along Cleveland Road. 4. Conservation of property values: The surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to support a mixed use project in a growing area. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: Properties along Cleveland Road have developed into a mix of industrial and office uses. This project will add a commercial node, supporting the businesses along Cleveland Road and the nearby residential areas to the north. Brick Road, LLC #2534-09 Page 2 of 2 u ~a ~ a ~~ L ~, L 07 A ca ci a o u `~-.~ SOUTH BEND CO RP; LINE U ca z I-80 I-80 u Rezoning from: "LI" LIGHT INDUSTRIAL DISTRICT #o "CB" COMMUNITY BUSINESS DISTRICT honing Key COUNTI~"'R" SINGLE FA~r11LY DISTRICT SOUTH BEND "O" OFFICE DISTRICT SOUTH BEf~•1D "LI" LIGHT I(`JDL!STRIr~•L DISTRICT N -1.. ,. 'fJ ~.• j~~ ~ E -_T. s ~ incl-~ = 3~ ~ feet APG # 25~~4-C~9 S ~~~~~~ ~`L~~~` DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (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: SOUTHEASTERLY CORNER OF CLEVELAND ROAD & MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628. 2). NAME AND__ADDRESS O_. F_PROPERTY OWNER(S) OF THE PETITION SITE: ~HUTTO INVESTMENTS, IN-~ ATTN: JON OR FRANK-HUTTO 58000 W. EIGHT MILE ROAD, SUITE 200 NORTHVILLE, MICHIGAN 48167 PHONE NUMBER (248)486-5570. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: "LI" LIGHT INDUSTRIAL DISTRICT TO: "CB" COMMUNITY BUSINESS DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RESTAURANTS OR SMALL RETAIL SHOPS B). HOTEL FACILITY. 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTX OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 '~z" x 11" FORMAT. SIGNED , ~~ HUTTO I TMENTS, INC. PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 (574) 234-4003 Filed !n COsrk'd O~~~e AUG 2 7 2009 JONiV VOORpE CITY G~ER~C, S0. ®CNO, IN.