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Home My WebLink About12-17 Annexation & Rezoning- 17330 SR 23W--F- ■ LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith 1)epuIy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 11 40 COUNTY -CIT1 ' BUILDING, SOUTH BEND, INDIANA +6601 (57 +J 2359571 March 7, 2017 South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 RE: Rezoning for 17330 State Road 23 APC# 2818 -17 Dear Council Members: Filed in Clerk's Of flue I MAR o 8 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your March 13, 2017 Council meeting, and set it for public hearing at your April 24, 2017 Council meeting. The petition is tentatively scheduled for public hearing at the April 18, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Since el Y, id M. Stanton, Jr. Planner CC: Adriana Rodriguez SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E P H C O U N T Y INDIANA. C 0 M/ A R EA PLAN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 4, FOR 17330 STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To allow for uses in CB Community Business NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one - eighth (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 3 EAST, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT "A" IN STANDARD FEDERAL BANK REPLAT OF LOTS 1 AND 2 IN TOWER MINOR SUBDIVISION, RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 94 -32933 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE WEST ALONG THE EXISTING CITY LIMIT LINE 122' MORE OR LESS TO THE WEST RIGHT -OF -WAY LINE OF STATE ROAD 23, ALSO BEING THE EAST LINE OF LOT 2A OF FOUNDATION CENTER FIRST REPLAT SUBDIVISION; THENCE SOUTHWESTERLY ALONG THE WEST RIGHT -OF- WAY LINE OF STATE ROAD 23,417 FEET MORE OR LESS TO THE SOUTH RIGHT -OF- WAY LINE OF DOUGLAS ROAD; THENCE EAST 120 FEET, MORE OR LESS, TO THE EAST RIGHT -OF -LINE OF STATE ROAD 23; THENCE NORTH ALONG THE EAST RIGHT -OF -WAY LINE OF STATE ROAD 23 TO THE EXISTING CITY LIMIT; THENCE WEST 18 FEET, MORE OR LESS, AND NORTHEASTERLY 127 FEET, MORE OR LESS, ALONG THE EXISTING CITY LIMIT LINE; THENCE SOUTHEASTERLY 30 FEET MORE, OR LESS, AND EASTERLY 215 FEET, MORE OR LESS, ALONG THE EXISTING CITY LIMIT LINE TO THE SOUTHEAST CORNER OF LOT "A" IN STANDARD FEDERAL BANK REPLAT OF LOTS 1 AND 2 IN TOWER MINOR SUBDIVISION, RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 94 -32933 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 160 FEET; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 102.3 FEET; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 80 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 143.6 FEET TO THE POINT OF BEGINNING. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495 -04, 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 above described real estate, with the exception of all adjacent right -of -ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB COMMUNITY BUSINESS DISTRICT, provided, however, that the required established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. City Clerk day of Mayor, City of South Bend, India ,2 ,at Filed in Clerk's Office [.MAR 0 8 20177 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City of South Bend Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: filed in Clerk's Office 17330 State Road 23 South Bend, 17V 46635 V MAR 0 8 2017 2) The property Tax Key Number(s) is /are: 002 - 2019 - 041102 KAREEMAH FOWLER I CITY CLERK, SOUTH BEND, IN 3) Legal Descriptions: APART OF THE SOUTHWEST QUARTER OF THE SOUT� ER OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 3 EAST, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID QUARTER QUARTER 200 FEET NORTH OF THE SOUTHEAST CORNER OF SAID QUARTER QUARTER; THENCE NORTHALONG SAID EAST LINE TO A POINT THAT IS 259 FEET SOUTH OF THE INTERSECTION OF THE CENTER LINE OF STATE ROAD 23 AND THE EAST LINE OF SAID QUARTER QUARTER; THENCE WEST PARALLEL TO THE SOUTH LINE OF SECTION 29 AND ALONG THE SOUTH LINE OF A PARCEL OF LAND CONVEYED TO JOHN LANDON HAHN AND CATHERINE IRENE HAHN, HUSBAND AND WIFE, BY DEED RECORDED IN DEED RECORD 774, PAGE 634, TO THE CENTER LINE OF STATE ROAD 23; THENCE SO UTHWESTERL Y AL ONG THE CENTER LINE OF STATE ROAD 23 TO ITS INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 29; THENCE EAST ALONG SAID SOUTH LINE 350 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF PARCEL OF LAND CONVEYED TO WALTER L. RHODES AND SOPHIE A. RHODES, HUSBAND AND WIFE, BY DEED RECORDED IN DEED RECORD 645, PAGE 458; THENCE NORTH ALONG THE WEST LINE OF SAID RHODES PARCEL 200 FEET- THENCE EAST 300 FEET TO THE POINT OF BEGINNING. BEING ALSO KIVOWNAS: "IOTA " INSTANDARD FEDERAL BANK REPLAT, A REPLAT OF LOT 1 AND 2 TOWER MINOR SUBDIVISION, IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA RECORDED A UG UST 29, 1994 AS INSTRUMENT NUMBER 94- 32933. 4) Total Site Area: 0.92 Acre +/- 5) Name and address of property owner(s) of the petition site: Old National Bank(Attn: Doug Gregurich) PO Box 718 Evansville, IN 47705 -0718 (812) 465 -0678 doug.gregurich @oldnational. com Name and address of additional property owners, if applicable: N/A 6) Name and address of contingent purchaser(s), if applicable: Star 001, Inc. 2754 Lincoln Way East Mishawaka, IN 465544 260- 602 -6655 ronvpatel@kanorgroup.com Name and address of additional property owners, if applicable: N/A 7) It is desired and requested that this property be rezoned: From: C: Commercial District (County) N/A MA i 2017 AREA PLAN commrssION To: CB Community Business District ° ` -2� _ 1 8) This rezoning is requested to allow the following use(s): Gas Station and Convenience Store IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff if you need assistance. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: See attached. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: See attached. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See attached. IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s) being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: N/A (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: N/A (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: N/A (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. N/A * In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Abonmarche Consultants, Inc. (Attn: Brian McMorrow) 750 Lincoln Way East South Bend, IN 46601 (574) 314 -1022 bmcmorrow@abonmarche.com I L E 0 MAR 0 62'017 AREA PLAN C�tOs�31?_j'p1�)1Sj�S�(i�3PJ' /% BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. s) of all property owners) signature of Attorney for all property owner(s): . STgTf�o Ck �!3 o. -1 00 ST JOSEPH COUNTY (CLAY) CITY OF SOUTH BEND I I 0 g5 0 0 i OLD NATIONAL BANK =MABONMARCHE gill! 6 �! SITE DEVELOPMENT PLAN PROPERTY lit 17330 STATE ROAD 23 ST. JOSEPH CO., INDIANA 0 0 m M 3r M 0 9 r 00 'm co m riT z p Z 0 i OLD NATIONAL BANK =MABONMARCHE gill! 6 �! SITE DEVELOPMENT PLAN PROPERTY lit 17330 STATE ROAD 23 ST. JOSEPH CO., INDIANA F / I i 4 � o� OD a I86 � o 4�" OqQ �6 �4 f* 0 0 i 153.00' i ry } Rr• a W c C W f 80.00' 5200 zoo - r A 8 s g �F a 3 , �e8 got oe � �,,a fig$ n �c/)> 0 ' $ m n? a n_ ¢g o3 i? = 3 AA a' a ag 3�.e 4 3 p '$a Ip �I L WZ ; Z e: Is 4S - e9a = 25�F g5og� �s _ 8 ': - eon - a e � �n V .$ OLD NATIONAL BANK MMAgONMARCHE ' �S3Cl3 ° e SITE DEVELOPMENT PLAN PROPERTY S 17330 STATE ROAD 23 �� ST. JOSEPH CO., INDIANA