HomeMy WebLinkAbout12-17 Rezoning 17330 SR 23 (Old National Annexation) LAWRENCE P. MAGLIOZZI
C EXECUTIVE DIRECTOR
Angela M. Smith
AREA PLAN CQMMISSION OF ST. JOSEPH COUNTY, IN
227 %V. JEFFERSON BLVD., R003I 1140 COUNTI'.CI'1-1' BUILDING, SOUTH BEND, INDIANA +6601 (574) 233-9571
October 18, 2017 � Fi@ed in Clerk's Ufffie;3
South Bend Common Council
4'h Floor, County-City Building j OCT 18 2017
South Bend, IN 46601 ��I
("rj V'�1rI li
RE: Bill# 12.17
Rezoning: APC#2818-17 - 17330 State Route 23, South Bend
Dear Council Members:
The Area Plan Commission held a public hearing on October 17, 2017 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday, October 27,2017.
Ordinance &Petition Amendments:
The following changes have been made to the above referenced petition:
Petition:
1.) The ownership changed following the transfer of the property
2.) Variances were modified to match the revised site plan submitted
A Copy of the revisions are attached.
Public Hearing Summary:
There was 1 person that spoke in favor of the proposed zoning. The concerns addressed favor of
developing the site, changes in the area, and how the Cleveland Road Plan may not be keeping up with
expansive development. There were 3 that spoke in opposition to the proposed rezoning. There were
concerns over the children in the neighborhood, increased traffic volume, emergency response times to
the neighborhood, and concerns for environmental contamination in the neighborhood.
If you have any further questions,please feel free to contact me at(574)235-9571.
Sincerel
Da . Stanton, Jr.
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.S T J O S E P H CO U N T Y IN 0 1 A N A.C O M/AREA PLAN
1
PETITIC.a FOR ANNEXATION AND ZONE MAP.-_✓IENDMENT
Cky 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:
17330 State Road 23
South Bend,IN 46635
2) The property Tax Key Number(s)is/are: 002-2019-041102
3) Legal Descriptions: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH,
RANGE 3 EAST, ST.JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARL Y 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-WA Y LINE OF STATE ROAD 23,
ALSO BEING THE EAST LINE OF LOT 2A OF FOUNDATION CENTER FIRST REPLAT SUBDIVISION;THENCE
SO UTHWESTERL Y A L ONG THE WEST RIGHT-OF-WA Y LINE OF STATE ROAD 23, 417 FEET MORE OR LESS
TO THE 80UTH RIGHT-OF-WAYLINE OF DOUGLAS ROAD; THENCE EAST 120 FEET, MORE OR LESS, TO
THE EAST RIGHT-OF-LINE OF STATE ROAD 23; THENCE NOR THALONG THE EAST RIGHT- 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 EASTERLY215 FEET,MORE OR LESS, ALONG THE
EXISTING CITY LIMIT LINE TO THE SOUTHEAST CORNER OF LOT"A"17V STANDARD FEDERAL BANK
REPLAT OF LOTS I 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, INDL9NA; THENCE
NORTH ALONG THE EAST LINE OF SAID LOT 160 FEET- THENCE EAST ALONG THE SOUTH LINE OF SAID
LOT 102.3 FEET- THENCE NORTHALONG 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.
4) Total Site Area: 0.92 Acre+/- Filed in -r-` 's 01-
Clerk's �,�,,..,�
5) Name and address of property owner(s)of the petition site:
Star 002, LLC(Attn:Ron V. Patel) OCT 1 g 2017
14612 Carrigan Courtt
Granger,IN 46530 KAA=�OWf FB
260-602-6655 Oi �f �r i
7
ronvpatel@kanorgroup.com
Name and address of additional property owners,if applicable:N/A
6) Name and address of contingent purchaser(s), if applicable:
N/A -Star 002, LLC purchased the subject property from Old Natinal Bank on June 12, 2017.
Name and address of additional property owners, if applicable: N/A
SAP 2
7) It is desired and requested that this property be rezoned: _W E0
'}—)i 4
From: C: Commercial District(County) N/A �•C�`QJ���
To: CB Community Business District
S) 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.
T.
CONTACT PERSON:
Abonmarche Consultants, Inc. (Attn: Brian McMorrow) , gyp 4?0?7
750 Lincoln Way East
South Bend, IN 46601
(574) 314-1022 : .:U.•
bmcmorrow @abonmarche.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE �ORE ABOVE
REPRESENT THIS PETITION THE AREA PLAN COMNIISS ON AND COUNTY COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)of all property owner(s),or signature of Attorney for all property owner(s):
ATTACHMENT-PETITION FOR ZONE MAP AMENDMENT,ANNEXATIG V> Rk,N�and� IANCE_S,—�-,--1-,
17330 STATE ROAD 23-PARCEL NO.002-2019-041102(0.92 At ME+/-)
SEP 2 911-017
j?
AREA l3LAbl C ) :01l,:,S!O;`l
Zone Map Amendment and Annexation �':+.;�lnu-,, y' .?p .Ole r
(a) The proposed zone change will not be injurious to the public health, safety, comfort, community
moral standards,convenience or general welfare because:
a. The Petitioner plans to utilize existing driveways in their same basic position and
configuration,thus maintaining same traffic movements to and from the subject property.
"Automobile service stations for the retail sale and dispensing of fuel" are permitted in
the current "C (Commercial District)"of the County of St. Joseph, so amending the
Zoning Map for the City of South Bend to designate the subject property as "CB
(Community Business)" will have no impact because "Automotive Uses: Gasoline
Service Station" is a permitted use in the code(at Section 21-03.05.(a)(1)(A)).
(b) The proposed zone change will not injure or adversely affect the use of the adjacent area or
property values therein because:
a. The proposed use is permitted in both present zoning of the County and present zoning of
the City.
(c) The proposed zone change will be consistent with the character of the district in which it is
located and the land uses authorized therein because:
a. "CB (Community Business)' is the zoning of adjacent properties on the same side of
Douglas Road as the subject property.
b. The Petitioner is voluntarily proposing building materials, roof materials and pitch,
signage, and landscaping that is compatible with the character of this neighborhood.
(d) The proposed zone change is compatible with the recommendations of the City of South Bend
Comprehensive Plan because:
a. The Plan provides a Future Land Use Map (Map 3.1, page 20), showing "Commercial"
development for the subject property.
b. The proposed use is compatible with adjacent uses,thus consistent with Objective LU 2
set forth in the Comprehensive Plan, and appropriate for an intersection with an Urban
Arterial(SR 23).
Variances
The Petitioner respectfully requests these variances from the South Bend Zoning Code:
Sec 21-03.05(b) (3) (A) ii.- Proposing an Interior Access Drive within 6' of the right-of-way line in the
Front Yard whereas the code requires a minimum of 15'.
Sec 21-03.05(b)(11) (A) v—Proposing an Outdoor Seating Area of 732 SF(or 21.1% of the Gross Floor
Area of the Convenience Store) to accommodate 20 seats whereas the code permits only 346 SF (i.e., no
more than 10%of a"Restaurant").
Sec 21-07.01(c) (1) (B) — Proposing 29 Hedge Plants for Foundation Landscaping whereas 52 Hedge
Plants are required, given the width of the building elevations that face a Front Yard.
O:\Projects\_Indiana\Non-Governmentai\Star 001,lnc\17-0300 17330 SR 23,South Bend\Petition—Annexation and Rezoning
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(a) The proposed variances will not be injurious to the public health, safety, comfort, community
moral standards,convenience or general welfare because:
a. None of the deviations from Code compromise public health,safety,comfort,community
moral standards, convenience or general welfare. Appropriate sight distances are being
provided, safe and secure lighting will be provided,and outdoor seating areas are to be
provided behind a raised curb and in an area remote from roadway traffic.
(b) The proposed variances will not adversely affect the use and value of the area adjacent to the
property because:
a. The proposed use is permitted in both present zoning of the County and present zoning of
the City.
b. The Petitioner is voluntarily proposing building materials, roof materials and pitch,
signage, and landscaping that is compatible with the character of this neighborhood.
(c) Strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property because:
a. While compliance with these three(3)particular code requirements could possibly be met
if the convenience store was placed closer to the right-of-way line (and the fuel island
placed behind it), the unusual shape of the property (with its angular right-of-way
alignment) and massing of the principal building make such alternative less desirable
than what the Petitioner proposes.
O:\Projects\_Indiana\Non-Governmental\Star 001,Inc\17-030017330 SR 23,South Bend\Petition—Annexation and Rezoning
LAWRENCE P. MAGLIOZZI
1is E.f'U'I' IF DIRECTOR
Angela M. Smith
Drput1 Di-clor
AREA PLAN COMMISSION C>F ST- JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COTINTY-CITY BUILDING, SOLI-Ili BENI), �T)J,Vr6� I'3 601'��r,�,t7,2j 571
Wednesday, October 18, 2017
8 2017
The Honorable Council of the City of South Bend OCT 1I
4th Floor,County-City Building KRP -11VIAH,FOWLER
South Bend, IN 46601
RE: A proposed ordinance of Star 002,LLC to zone from C: Commercial District(County)to CB Community
Business District(City)property located at the northeast corner of Douglas Road and State Road 23,
commonly known as 17330 State Road 23,City of South Bend -APC#2818-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Star 002,LLC was legally advertised on October 5,2017
and that the Area Plan Commission at its public hearing on October 17,2017 took the following action:
Upon a motion by John McNamara, being seconded by Martin Madigan and unanimously carried,a
proposed ordinance of Star 002,LLC to zone from C: Commercial District to CB Community
Business District, property located at the northeast corner of Douglas Road and State Road 23,
commonly known as 17330 State Road 23,City of South Bend, is sent to the Common Council with a
UNFAVORABLE recommendation.Rezoning this property to the CB Community Business District
would be out of character for the area.The intent of the CB Community Business District is to provide
a location for high volume and high intensity commercial uses, often large space uses with outdoor
sales and operations.This node has developed as an office district that serves as a buffer between the
commercial properties to the east and the residential properties to the west,north,and south.The auto-
related retail use of the site conflicts with the single family, residential,educational,and medical uses
for which the area is currently comprised.
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,
Lawrence P.Magliozzt
Attachment
CC: Star 002, LLC
Abontnarche Consultants,LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY . OSCECLA & ROSELAND
W W W.S I C I N D I A N A.C 0 M 13 0 6/a r a i-p I.
Filed in Clerk's ; ;
Staff Re part p OCT 18 20 10/6/2017
APC# 2818-17
Owner: Star 002, LLC
f
Location: the northeast corner of Do glas-Rroad arid-State- oad-23; Ammonly
known as 17330 State Road 23
Jurisdiction: City of South Bend
Public Hearing Date: 10/17/2017
Requested Action:
The petitioner is requesting a zone change from C: Commercial District(County)to CB
Community Business District(City of South Bend).
Land Uses and Zoning:
On site: On site is a former bank with its associated parking.
North: To the north is a daycare center,zoned 0 Office District(City of South
Bend).
East: To the east is a vacant lot,zoned CB Community Business District(City of
South Bend) and a daycare center,zoned 0 Office District(City of South
Bend).
'South: To the south across Douglas Road is a bank,zoned B: Business District
(County).
West: To the west across State Route 23 (SR 23) is the Foundation Center Office
Park,zoned B: Business District(County),along the State Route 23 and
Douglas Road frontages.
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 proposed site contains a 3,462 square foot convenience store with 21 parking spaces.
A 732 square foot outdoor seating area is proposed.An Underground Fuel Storage Tank
will be situated in the corner of the property where SR23 and Douglas Road intersect and
be adjacent to an overhead canopy for 5 pump islands.
Zoning and Land Use History And Trends:
In 1986,a portion of the site was zoned to C Commercial,subject to a final site
development plan which limited the use of the site to a bank. In 1994,the remainder of the
site was rezoned to allow for the parking lot. In 2007, the site to the east was rezoned from
R: Single Family District(County)to CB Community Business District(City)to convert
two structures into professional offices. In 2014,the site to the north rezoned from R:
Single Family District(County)to 0 Office District(City) for a daycare center.
Traffic and Transportation Considerations:
APC 4 2818-17 Page 1 of 5
Staff Report 10/6/2017
SR 23 has 4 lanes of traffic with a center turn lane that terminates at the site. Douglas
Road has 4 lanes of traffic east of SR 23 which narrows to 2 lanes as you travel west of the
intersection. Traveling westbound on Douglas Road,prior to the intersection,the 4 lane
roadway adds 2 dedicated left hand turn lanes unto SR 23.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The City Engineer recommends approval subject to review and approval of sidewalks,
curb cut, lighting, and overall improvements to the site. Public Works will need to see a
sight triangle at the intersection showing position of the proposed signage and will also
need to show a sight triangle at the approaches showing any potential impacts from the
proposed landscaping. The approach on Douglas needs to fit entirely within the boundaries
of the parcel, including the curb radius.Approaches to be constructed need to meet current
City standards. Documentation will need to be provided that shows that INDOT has
reviewed and approved the interaction of the site with the State right-of-way. The street
lighting relocation plan will need to meet current City Standards. Development of the site
requires City approval of a Drainage Plan and meets the requirement to store all runoff
from developed areas on site.
The Department Community Investment(DCI)would offer a favorable recommendation
on the request should the petitioner adopt the recommendations provided below to
strengthen the project. The area around State Road 23 and Douglas Road features
buildings of higher design quality constructed primarily of brick and is heavily
landscaped. The subject parcel is also keeping with this quality. Any new project in this
area should provide the same level of quality; anything less would be a step backwards for
development in the area. Accordingly, DCI recommends the following: Provide
architectural/building finishes consistent with the quality of surrounding properties (plus
that of the existing bank building on-site): Windows should be provided on the
convenience store to the two street-facing sides (as shown on the architectural concepts);
Awnings or equivalent finish should be provided for all street-facing windows (currently
not shown on northwest elevation);the convenience store should be faced with brick
and/or stone. Banding or two colors/materials can be used. See adjoining Rainbow
Childcare and Horizon Bank buildings as examples; the convenience store should have a
pitched roof(as shown on the architectural concepts);the gas station canopy need not have
a pitched roof, but it should coordinate with the building and have support columns faced
with brick and/or stone(could be banded or two colors/materials like the building). Trim
at the roof line could be considered. Provide landscaping consistent with that found across
the street at Foundation Center, at other nearby properties, and along State Road 23.
Provide required perimeter trees,mimicking tree line found to the northwest of the site.
Provide a hedge row(3' height, 3' on-center spacing) along the street perimeters; similar
treatments are found at Rainbow Childcare and at LaSalle Avenue 7-11 (paired with trees).
Add foundation landscaping along northwest fagade facing State Road 23. Landscape the
areas shown as paved, but hatch striped, on the preliminary site plan; this will add to
attractiveness and reduce amount of paved surfaces. Consider an irrigation system to
ensure health of plantings. To provide consistency with other signs in the area(Foundation
APC# 2818-17 Page 2 of 5
Staff Report 10/6/2017
Center,Rainbow Child), commit to using the LB sign standards. Like those properties, the
sign should coordinate (base/trim elements)with the design of the building and canopy
(the signage as shown in the architectural concepts appear consistent with these points).
The parking count exceeds minimum standards and would appear to exceed what would
be utilized. Consider reducing the size of the parking lot along the northern portion of the
site to lessen the amount of paved surfaces and development costs. Please note that the site
should be designed to accommodate a connecting driveway to the property to the east.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The Petition is not consistent with the following: City Plan, South Bend Comprehensive
Plan(November, 2006) Objective LU 2.4 Provide buffer spaces between non-compatible
land uses. Objective UD 1.4: Encourage attractive and architecturally appealing designs
for buildings to create distinctive,visual reference points in the community. Objective UD
1.7: Promote urban design elements in new developments that are appropriately scaled and
conducive to pedestrians, including pedestrian safety considerations. Objective UD 4:
Improve the character of the community's entryways and corridors.
Land Use Plan:
The Future Land Use Map identifies this area as a regional commercial node.
Plan Implementation/Other Plans:
The site is not consistent with the Cleveland Road/State Route 23 Corridor Analysis. The
Corridor Analysis states that additional commercial development along both Cleveland
and SR 23 should be discouraged. Further, it also recommends that office-type uses be
allowed to locate on some of the developable parcels of land along Cleveland Road and
SR 23.
2. Current Conditions and Character:
The SR 23 corridor at the Douglas Road intersection has developed primarily around
office and educational uses, which blend with and/or buffer their neighboring residential
uses. The sites in this area are also extensively landscaped with minimal curb cuts.
3. Most Desirable Use:
The most desirable use is office and/or small institutional uses that have low traffic
volumes.
4. Conservation of Property Values:
Property values in the surrounding district may be negatively affected if the property is
zoned for retail automotive use.
5. Responsible Development And Growth:
It is not responsible development or sustainable growth practice to allow an auto oriented
development in a location where pedestrian and automobile access is inadequate and/or
hazardous to neighboring child care and educational facilities.
APC# 2818-17 Page 3 of 5
Staff Report 10/6/2017
Combined Public Hearing
This is a combined public hearing procedure, which includes a rezoning and 3 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1)from the required 15' setback for parking and interior access drives to 6'
2) from the maximum allowed 10%of the gross floor area for outdoor seating to 22%;
3) from the required foundation landscaping to none
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health,safety, morals and general
welfare of the community;
Approval of variance 41 may be injurious to the general welfare of the neighboring
community. The drive aisles extend 9' into the 15'front yard setbacks,which are intended
to accommodate reasonable space between automobile traffic and the adjacent public right-
of-way. Limiting this buffer space is cause for concerns to safety and public health.
(2) The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
An increase in the gross floor area for outdoor seating from 10%to 22%may not affect
neighboring properties. However, the absence of foundation landscaping may have an
adverse affect on surrounding properties. It is the intent of the landscaping ordinance to
provide a visual barrier to buffer any negative impacts placed on surrounding properties.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Because the site would be newly constructed,there would be no practical difficulty in
complying with the required provisions of this ordinance.
Staff Comments:
The properties located at the Douglas Road and SR 23 intersection have developed in a
manner reflective of a heavily landscaped office district. If the existing properties located
at the other three corners of the intersection were to annex to the City of South Bend, staff
would encourage them to seek the O Office Zoning designation, which would be the least
intense district in which the uses first appear. The bank that previously occupied this site
would have been permitted within the O Office District and was consistent with the
character of the area. The staff would recommend that the petitioner consider revising their
request to the O Office District. This District would allow for a wide range of uses
compatible with the immediate area, and the SR 23 corridor in general, and to which the
existing building could be easily adapted to.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the
APC 4 2818-17 Page 4 of 5
Staff Report 10/6/2017
rezoning petition be sent to the Common Council with an unfavorable recommendation.
Staff recommends denial of the variances.
Analysis:
Rezoning this property to the CB Community Business District would be out of character
for the area. The intent of the CB Community Business District is to provide a location for
high volume and high intensity commercial uses, often large space uses with outdoor sales
and operations. This node has developed as an office district that serves as a buffer
between the commercial properties to the east and the residential properties to the west,
north, and south. The auto-related retail use of the site conflicts with the single family,
residential, educational, and medical uses for which the area is currently comprised.
APC# 2818-17 Page 5 of 5
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 Il. 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.
City Clerk
II
Approved and signed by me on the day of 2 , at
o'clock M.
Filed in Clerk's Office
Mayor, City of South Bend, Indian MAR �� 20-11�
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,iN
r• -'. t: REZONING
- #2818-17
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Rezoning from: COUNTY TO CITY OF SOUTH BEND
"C" COMMERCIAL DISTRICT COUNTY
to "CB" COMMUNITY BUSINESS DISTRICT CITY OF SOUTH BEND
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- COUNTY"R-2"MULTI-FAMILY DISTRICT 18 2017 1
COUNTY"B"BUSINESS DISTRICT OCT I I S
- COUNTY"C"COMMERCIAL DISTRICT arpaQ�I ER 1 inch = 100 feet
SOUTH BEND"O"OFFICE DISTRICT APC # 2818-17
® SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT
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Larry Magliozzi
From: David Shock <dhs198 @sbcglo bal.net>
Sent: Saturday, October 14,2017 6:20 PM "'
To: Larry Magliozzi Filed in Clerk's C ,s
Cc: John Leader; Noel Yarger
Subject: Petition AP #2818-17. OCT
18 2017
[.A"71'V'!rrtsa FOVV ER
Dear Mr. Magliozzi, - - -On behalf of the homeowners living along the section of Juday Creek located near the intersection of Douglas
and State Road 23 and as President of the Juday Creek/Dugdale Acres Neighborhood Association, I am writing
to voice our opposition to the petition AP#2818-17. We are very concerned because, as you already
know, construction of a gas station is not easily converted to other uses. A poorly planned decision can impact
the area for generations to come and prevent the development of a project on this site which could have a
positive impact on the neighborhood. Our association has concerns on the following topics.
1. Health effects: Concerns over the air quality caused by refueling trucks, which on an average,refuel gas
stations every three days.
2. Lighting: Harsh commercial lighting impacts on the nearby residential areas;
3. Noise: Refueling operations, loud conversations from outdoor seating, snow blowing, trash pick-up,etc:
4. Blighting: Littering, noise, traffic snarls, loitering. There are several bars and restaurants that close in the
early morning hours. This neighborhood is very concern about suffering similar problems that are currently
being experienced at the intersection of Ironwood and Douglas.
5. Property Values: Gas stations have never increased residential property values. No one wants to live near
a gas station;
6. Visual impact on the neighborhood's character which is residential and attractive office space;
7. Wetland impact; Eight acres of designed wetlands is located approximately %mile from this location.
Overflow run off from gasolines, oils,salts and other chemicals from high traffic use is a concern for this area.
8. Road Traffic in the area around Douglas and SR 23: Is there anyone in this area not aware of the nightmare
traffic snarls that occur frequently in this area? Many of the streets are dead-end streets and our only access to
State Road 23 can be blocked by the backed up traffic when an accident is being investigated. The frequent
stop and go traffic from a gas station will certainly not improve the already congested area.
This type of business is not needed in this area. We already have a successful gas station/convenience store, the
7-11 store at 910 Douglas Road, that is only 1/2 mile from the above location.
We would be very appreciative of your support in this matter. Thank you for your consideration.
Please feel free to forward this email to anyone who might be interested in our input.
I
Wanda Shock, President
17346 McErlain Street
South Bend, In 46635
Juday Creek/Dugdale Acres Neighborhood Association
dhsl98@sbcglobal.net
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