HomeMy WebLinkAbout9666-06 Rezoning 929 Lincolnway East - District 3ORDINANCE No.
9666-06
Passed by the Common Council of the Ciry of South Bend, Indiana
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
April 11,
06.
Ciry Clerk
President of Common Council
Approved and signed by me April 13 , 20 0 6
City Clerk
u.~. ~ D Mayrn'
April 10, ~6
ORDINANCE NO. ~ ~0~0~°'0 ~
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 929 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46601,
COUNCILMANIC DISTRICT 3 IN THE CITY OF SOUTH BEND, INDIANA.
STATEMENT OF PURPOSE AND INTENT; Change zoning from Office (O) to
Community Business District (CB). The building located at 929 Lincolrtway East in
South Bend, Indiana was built in 1980. It was designed and constructed to operate as an
office, wholesale and retail business, and warehouse. The building includes office space,
a wholesale/retail space, and wazehouse with loading dock. The building was designed
for office, wholesale/retail, and warehouse and it has operated in this capacity from 1980
to 2005 with commercial zoning. The zoning was mistakenly changed to Office (O)
during the rezoning ordinance in May 2004 not taking into account 25 years as a
wholesale/retail operation or the warehouse and loading dock. Requesting that the zoning
be changed from Office (O) to Community Business District (CB) to allow for office,
wholesale/retail, and warehouse use.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION 1. 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:
i
PARCEL I: Part of Lot Numbered One (1) in Peterman's Addition to the City of South Bend, Indiana, as
surveyed by M. Stokes and recorded in Plat Book No. 1, page 71 in the Office of the Recorder of St.
Joseph County, Indiana, described as follows:
Commencing at the intersection of the South line of Section 12, Township 37 North, Range 2 East, and
the Easterly right of way of Lincolnway East (as established prior to widening and construction of the
Cooper Bridge approaches); thence North 33°22' West along said former RNV line 31.5 feet to the
Northerly RNV line of Sample Street extended Westerly; thence North 56°38' East along said extended
R/W line 28.5 feet to the point of beginning; thence continuing North 56°38' East along said Northerly RNV
line of Sample Street (passing through an iron pipe at 123.77 feet) a distance of 144.00 feet more or less
to the waters edge of the St. Joseph River; thence Northwesterly along the waters edge of said river a
distance of 100.00 feet more or less; thence South 56°38' West 156 feet, more or less to an iron on the
present R/W of Lincolnway East, said iron being 50.0 feet from the centerline of Lincolnway East; thence
Southeasterly 50.99 feet along the present RNV of Lincolnway East to a concrete monument set 40.00
feet from the centerline of Lincolnway East; thence South 33°22' East along said present RNV 39.55 feet
to a concrete monument set 40.00 feet from the centerline of Lincolnway East; thence Easterly along said
present R/W 18.00 feet to the point of beginning, said point of beginning being 55.0 feet from the
centerline of Lincolnway East.
PARCEL II: A parcel of land located in the Southeast Quarter of Section 12, Township 37 North, Range 2
East of the Second Principal Meridian, being a part of Lot 1 in Peterman's Addition (Stokes' survey) to the
City of South Bend, St. Joseph County, Indiana, as recorded in Plat Book 1, page 71, in the Office of the
Recorder of St. Joseph County, and further described as follows: Commencing at the Southwest corner
of said Section 12; thence running Easterly on the South line of said section a distance of 4645.8 feet to
the Southwest corner of Lot 1 of Peterman's Addition; thence North 33°22'3" West, 131.00 feet, along the
Westerly line of said Lot 1 to a point where it intersects a former property line, being also the Southerly line
of Parcel 89, Project U.S. 181(5); thence North 56°37'57" East, 55.45 feet along said Southerly line of
Parcel 89 and limited access right of way line to an iron pin set at the Southwesterly corner and point of
beginning for the parcel described below; thence North 23°03'34" West, 83.35 feet, along the Westerly
line of the parcel, to an iron pin set on a former property line, being also the Northerly line of Parcel 89,
Project U.S. 181(5); thence North 56°37'57" East, 72.30 feet along the Northerly line of said Parcel 89, to
an iron pin set near the top of bank of the St. Joseph River; thence continuing North 56°37'57" East, 34
feet, more or less, to the water's edge of the St. Joseph River; thence Southeasterly along the water's
edge of the St. Joseph River, to a point where it intersects the above described Southerly line of said
Parcel 89; thence South 56°37'57" West, 31 feet, more or less, along said Southerly line of Parcel 89, to
an iron pin set near the top of bank of the St. Joseph River, also being South 45°18'22" East, 83.81 feet
from the iron pin set near the top of bank on the Northerly line of this parcel; thence continuing South
56°37'57" West, 104.55 feet, along fhe Southerly line of said Parcel 89, Project U.S. 181(5), to the point of
beginning.
A parcel of land located in the Southeast Quarter of Section 12, Township 37 North, Range 2 East of the
Second Principal Meridian, being a part of Lot 1 in Peterman's Addition (Stokes' survey) to the City of
South Bend, St. Joseph County, Indiana, as recorded in Plat Book 1, page 71, in the Office of the
Recorder of St. Joseph County, and further described as follows: Commencing at the Southwest corner
of said Section 12; thence running Easterly on the South line of said section a distance of 4645.8 feet to
the Southwest corner of Lot 1 of Peterman's Addition; thence North 33°22'3" West, 213.00 feet, along the
Westerly line of said Lot 1, to a point where it intersects a former property line, being also the Southerly
line of Parcel 90, Project U.S. 181(5); thence North 56°37'57" East, 70.37 feet along said Southerly line of
Parcel 90 to an iron pin set at the Southwesterly corner of the parcel described below, being the point of
beginning of the parcel; thence North 16°03'55" West 45.04 feet along the Westerly line of the parcel, to
an iron pin set on a former property line, being also the Northerly line of Parcel 90, Project U.S. 181(5);
thence North 56°37'57" East, 60.07 feet along the Northerly line of said Parcel 90 to an iron pin set near
the top of bank of the St. Joseph River; thence continuing North 56°37'57" East, 30 feet, more or less, to
the water's edge of the St. Joseph River; thence Southeasterly along the water's edge of the St. Joseph
River, to a point where it intersects the above described Southerly line of said Parcel 90; thence South
56°37'57" West 34 feet, more or less along said Southerly line of Parcel 90, to an iron pin set near the top
of bank of the St. Joseph River, also being South 31°48'58" East, 43.02 feet from the iron pin set near the
top of bank on the Northerly line of this parcel; thence continuing South 56°37'57" West, 72.30 feet along
the Southerly line of said Parcel 90, Project US 181(5) to the point of beginning.
A parcel of land located in the Southeast Quarter of Section 12, Township 37 North, Range 2 East of the
Second Principal Meridian, being a part of Lot 1 in Peterman's Addition (Stokes' survey) to the City of
South Bend, St. Joseph County, Indiana, as recorded in Plat Book 1, page 71, in the Office of the
Recorder of St. Joseph County, and further described as follows: Commencing at the Southwest corner
of said Section 12; thence running Easterly on the South line of said Section a distance of 4645.8 feet to
the Southwest corner of Lot 1 of Peterman's Addition; thence North 33°22'3" West, 256.00 feet, along the
Westerly line of said Lot 1, to a point where it intersects a former property line, being also the Southerly
line of Parcel 91, Project US 181(5); thence North 56°37'57" East, 83.76 feet along said Southerly fine of
Parcel 91 to an iron pin set at the Southwesterly corner of the parcel described below, being the point of
beginning of the parcel; thence North 11°52'38" West 62.33 feet along the Westerly line of the parcel, to
an iron pin set on the former property line, being also the Northerly line of Parcel 91, Project US 181(5);
thence North 56°37'57" East 46.99 feet along the Northerly line of said Parcel 91, to an iron pin set near
the top of bank of the St. Joseph River; thence continuing North 56°37'57" East, 32 feet, more or less, to
the water's edge of the St. Joseph River; thence Southeasterly along the water's edge of the St. Joseph
River to a point where it intersects the above described Southerly line of said Parcel 91; thence South
56°37'57" West, 30 feet, more or less along the Southerly line of Parcel 91, to an iron pin set near the top
of bank of the St. Joseph River, also being South 23°49'12" East, 58.81 feet from the iron pin set near the
top of bank on the Northerly line of this parcel; thence continuing South 56°37'57" West, 60.07 feet along
the Southerly line of said Parcel 91, Project US 181(5), to the point of beginning.
PARCEL III: Apart of the Southeast Quarter of Section 12, Township 37 North, Range 2 East of the
Second Principal Meridian, being a part of Lot 1 in Peterman's Addition (Stoke's survey) to the City of
South Bend, St. Joseph County, Indiana, as recorded in Plat Book 1, page 71.5, in the Office of the
Recorder of St. Joseph County, and further described as follows:
Commencing at the Southwest corner of Section 12; thence running Easterly on the South line of Section
12, a distance of 4645.8 feet (Micro Film Number 8000 586) to the Southwest corner of Lot 1 of
Peterman's Addition; thence North 33°22'03" West (bearings abstracted from Indiana State Highway
Commission plans for U.S. Project 181(5), approved November 2, 1962) 131.00 feet along the Westerly
line of Lot 1 to a point where it intersects a former property line, being also the Southerly line of Parcel 89
(U.S. Project 181(5)); thence North 56°37'57" East, 23.50 feet along the Southerly line of Parcel 89 to a %2
inch (I.D.) iron pipe at the Southwesterly corner and point of beginning of this description; thence North
16°27'40" West, 358.93 feet; thence North 56°37'57" East, 54.00 feet to the water's edge of the St.
Joseph River; thence Southeasterly, 160.46 feet along the water's edge of the St. Joseph River; thence
South 56°37'57" West, 78.99 feet; thence South 11°52'38" East, 62.33 feet; thence Soutli 16°03'55" East
45.04 feet; thence South 23°03'34" East, 83.35 feet; thence South 56°37'57" West, 31.95 feet to the point
of beginning.
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be and the same is hereby established as. CB Community Business Dstrict.
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.
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Member of the C on Council
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Presented by me to the Mayor of the City of South Bend, Indiana on the ~~~
day of '~ , 2006 at Z -pa o'clock y~ , .m.
Approved and signed by me on the
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PU3LIC HEARING y \0
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~3'x day of , 2006 at
Mayor of the City South Bend, Indiana
Filed In Cierk's Office
FEB 2 8 2006
JOHN VOORDE
CITY CLERK, S0. BEND, (N.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
09-06 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 929 LINCOLNWAY EAST, SOUTH BEND, INDIANA
COUNCILMANIC DISTRICT 3, 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 as
substituted.
Karen L. White
Chairman
Date Filed: February 8, 2006
Date Received by the 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 at; 929 Lincolnway East, South
Bend, Indiana, 46601.
2} Name and Address of property owner(s) of the petition site; Rohan Family Ltd.
Partnership, 53724 Fir Road, Granger, Indiana, 46530.
3) It is desired and requested that this property be rezoned from Office (O) to
Community Business District (CB).
4) This zoning is requested to allow the following use(s); Office, Retail, Wholesale,
Warehouse.
5) 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 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
drawn to scale which includes street names, printed in 8 '/z" x 11" format.
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Gerald Rohan, General Partner
Rohan Family Ltd. Partnership
Petition prepared by Gerald Rohan, 53724 Fir Road, Granger, Indiana, 46530
Application No.
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Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni Larry P. Magliozzi
Executive Director Assistant Director
Phone 574-235-9571 www.stjosephcountyindiana.com Fax 574-235-9813
March 22, 2006
The Honorable Council of the City of South
Bend
4th Floor, County-City Building
South Bend, IN 46601
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RE: A proposed ordinance and site development plan of Rohan Family Ltd. Partnership to zone from
"O" Office to "CB" Community Business, property located at 929 Lincolnway East, City of South
Bend - APC# 2365-06
Dear Council Members:
I hereby Certify that the above referenced ordinance of Rohan Family Ltd. Partnership was legally
advertised on Thursday, March 9, 2006 and that the Area Plan Commission at its public hearing on
Tuesday, March 21, 2006 took the following action:
Upon a motion by Roland Kelly, being seconded by Steve Eslinger and unanimously carried,
the proposed ordinance and site development plan of Rohan Family Ltd. Partnership to zone
from "O" Office to "CB" Community Business, property located at 929 Lincolnway East,
City of South Bend is sent to the Common Council with a favorable recommendation.
PLEASE NOTE that the Ordinance has been amended by the petitioner to show a legal description
different than that used for the Common Council's first reading. The amended Ordinance was legally
advertised and heard by the Area Plan Commission.
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,
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Attachment
CC: Rohan Family Ltd. Partnership
Gerald Rohan
F-1~d In Clerk's 4f
t.tltR 2 22006
CITY C ERK, S0. BEND, !(r,
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Report
APC # 2365-06
Owner: Rohan Family Ltd. Partnership
Location: 929 Lincolmvay East
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from "O" Office to "CB" Community Business to
allow an office, retail, wholesale, and warehouse.
Land Uses and Zoning:
On site: On the 1.173 acre site is a vacant building zoned "O" Office.
North: To the north is the Eddy Street on-ramp.
East: To the east is the St. Joseph River.
South: To the south is Sign Designs which is zoned "LB" Local Business, and to the
southwest is a heating and plumbing contractor business zoned "LI" Light
Industrial.
West: To the west is Quality Glass and a vacant building zoned "GB" General Business.
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.
Site plan description:
The site is located at the northeast corner of Lincolnway East and Eddy/Sample Streets. The
building is 25 feet in height, and 6,200 square feet covering 12% of the site. Acces to the site is
from a southern driveway on Eddy Street. There are 28 existing parking spaces with the paved
area covering 31 % of the site. Landscape-open space covers 57% of the site.
Zoning and land use history & trends:
Prior to the adoption of the 2004 zoning map, this site was zoned "C" Commercial. Quality Glass
located west across Lincolnway East was rezoned from "C" Commercial to "GB" General
Business. Sign Designs located on the southeast corner of Lincolmvay East and Sample Street
was down zoned from "D" Light Industrial and "A" Residential to "LB" Local Business.
Traffic and transportation considerations:
The intersection of Lincolnway East, Sample Street, and Eddy Street is one of the busiest in
South Bend. Over 19,000 vehicles per day pass a point east of Eddy Street on Lincolmvay East.
The Old Sample Street bridge counted 6,576 vehicles per day in 2002.
Utilities:
Municipal water and sanitary sewer serve the site.
Additional information: (Agency comments)
A rear setback variance will be need for the existing deck.
Rohan Family Ltd. Partnership
#2365-06
Page 1 of 1
~ Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
Goal 2: Objective C: Policy ii: Promote the upgrading, rejuvenation, and beautification of
all functional, existing commercial centers.
The rezoning is not in conflict with the Comprehensive economic policy.
Land Use Plan:
The Land Use Plan does not designate this area for a specific land use.
Plan Implementation/Other Plans:
Residential Area Policy:
2. Current conditions and character:
The area is currently a mix of light industrial and business uses.
3. Most desirable use:
The most desirable use would be for office or commercial land uses that generate low traffic.
4. Conservation of property values:
The surrounding property values may be negatively affected with the rezoning if traffic
congestion increases.
5. Responsible development and growth:
It is irresponsible development and growth to allow a zoning classification that could exacerbate
the traffic congestion at the intersection of Lincolnway East and Eddy/ Sample Streets.
Recommendation: , :,~ -; - .- _._~ ... ,.
Based on information available prior to the public hearing staff recommends that this petition be
sent to the Common Council with an unfavorable recommendation.
Analysis:
When the 2004 City Zoning Map was adopted, the majority of the properties located on the
eastern side of Lincolnway East between Monroe Street and Miami Street were down zoned.
Since this site is located at the congested intersection of Lincolnway East and Eddy/ Sample
Streets, it is better suited for low intensity uses such as office. It is also adjacent to the on-ramp.
The "CB" Community Business District allows high traffic generators such as fast food
restaurants and gas stations. The existing access driveway on Eddy Street is located near its
intersection with Lincolnway East.
Rohan Family Ltd. Partnership
#2365-06
Page 2 of 2
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APC # 2365-06