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Home My WebLink About9679-06 Rezoning East of 5909 Nimtz Parkway - District 1ORDINANCE No. 9679-06 Passed by the Common Council of the City of South Bend, Indiana June 12, Attest: M~xry Set Wisniewski Attest: ~,. ~1 /`J` ` Presented by me to the Mayor of the City of South Bend, Indiana June 13, 06 20 Mary Beth Wisniewski Approved and signed by me June 13 , 20 0 6 Mayor 20 06 City Clerk Chief Deputy President of Common Council City Clerk Chief Deputy ORDINANCE NO. `~° ~ \ ~ ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY EAST OF 5909 NIMTZ PARKWAY, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE CURRENT ZONING OF THE PROPERTY TO BE REZONED IS "LI" LIGHT INDUSTRIAL AND "CB" COMMUNITY BUSINESS. THI5 LOT I5 PROPOSED FOR DEVELOPMENT AS THE COUNTY MAYO IRISH INN AND PUB. 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: LOT 3A OF BLACKTHORN CORPORATE OFFICE PARK, MINOR #10; TOGETHER WITH A PART OF LOT SEVEN (7) IN BLACKTHORN CORPORATE OFFICE PARK AS RESPECTNELY RECORDED UNDER INSTRUMENT NUMBERS 0123942 AND 9438010 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, INDIANA; THAT PART OF SAID LOT 7 PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A NORTHERLY CORNER OF SAID LOT 7, WHICH CORNER BEING COMMON WITH THE MOST WESTERLY CORNER OF SAID LOT 3A IN BLACKTHORN COPORATE OFFICE PARK, MINOR #10; THENCE SOUTH 38 DEGREES 59 MINUTES 52 SECONDS EAST ALONG A COMMON LINE TO SAID LOTS 7 AND 3A, A DISTANCE OF 375.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 3A; THENCE NORTH 57 DEGREES OS MINUTES 00 SECONDS WEST, A DISTANCE OF 125.29 FEET; THENCE NORTH 38 DEGREES 59 MINUTES 52 SECONDS WEST PARALLEL TO SAID COMMON LINE OF LOT 9 AND LOT 3A, A DISTANCE OF 256.85 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF NIMTZ PARKWAY, SAID POINT ON A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 790.00 FEET, A CENTRAL ANGLE OF 2 DEGREES 55 MINUTES 06 SECONDS AND A CHORD OF 40.23 FEET BEARING NORTH 57 DEGREES 11 MINUTES 35 SECONDS EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, A DISTANCE OF 40.24 FEET TO THE POINT OF BEGINNING, SAID LOT 3A AND THAT PART OF LOT 7 CONTAINING 4.531 ACRES, MORE OR LESS. SAID PARCEL BEING SUBJECT TO ANY COVENTANTS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as "CB" Community Business. 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. ~. Member of t mmon Council Attest: ~~ City Cler (~~, Presented by me to the Mayor of the City of South Bend, Indiana on the ~ '~~. day of ~c~:.v~e~ , 2 aob , at l '• `t~ o'clock ~. m. - \ c~-~~ ity Clerk t~~ ~ , Approved and signed by me on the l3 day of , ~-~-~-- , 2 00 ~ , at Z ~ So o'clock ~. m. Mayor, City o outh Bend, Indiana 3-13~~ 1st READING pU6LIC HEARING ~ -lZ'0 ~ 3 rd READING -~1- b ° NOT APPROVED ~, l7'~° REFERRED (~ -P PASSED ~ _lL'O ~ Filed In Clerk's Office 1,4AR - 8 2006 JOHN VOORDE CITY CLERK, S0. BEND, M. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 16-06 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY EAST OF 5909 NIMTZ PARKWAY, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT 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. Karen L. White Chairman Date Filed Date received by the Area Plan Commission Application No. 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: Property located immediately east of 5909 Nt.r,~yParkway. 2) Name and address of property owner(s) of the petition site: South Bend Redevelopment Authority 1200 County-City Building 227 West Jefferson Boulevard South Bend, IN 46601 (574) 235-5836 3) Name and address of contingent purchaser(s), if applicable: County Mayo / SB, LLC c/o JF + A Properties, LTD/CII 272 East Deerpath Road, Suite 244 Lake Forest, IL 60045 (847) 234-1476 4) It is desired and requested that this property be rezoned from "LI" Light Industrial and "CB" Community Business to "CB" Community Business 5) This rezoning is requested to allow the following use(s): Hotel, restaurant, and pub. 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 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'/2" x 11" format. - Signature ~~l c /Q. ~-Li'4. ~E2 Printed Name South Bend Redevelopment Authority PETITION PREPARED BY: Derek J. Spier, A.I.C.P. 750 Lincoln Way East South Bend, IN 46601 (574)232-8700 dspier@abonmarche. com CONTACT PERSON: (If different) Filed il? ~t::j ~a'~ ~fi~ice Same. P!. ~~R, - JOlit: VCGnDE CITY OF SOUTH BEND REDEVELOPMENT AUTHORITY 1200 COUNTY-CITY BUILDING 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601 25-1018-0624.06;25-1018-0622.03; 25-1018-0624.04;25-1018-0624.03 SULLIVAN PROPERTIES, LLC 6101 NIMTZ PARKWAY SOUTH BEND, IN 46628 25-1018-0624.07 ONE BLACKTHORN, LLC 5775 NIMTZ PARKWAY, STE. 200 SOUTH BEND, IN 46628 25-1018-0622.11 T & J VILLING, LLC 1336 SUNNYMEDE AVE. SOUTH BEND, IN 46615 25-1018-0624.08 F9~~~ arl ~~~~td'~ Q;itC~' ~, r,~ _ ~ - t,~r.., 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 May 17, 2006 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of South Bend Redevelopment Authority to zone from "LI" Light Industrial and "CB" Community Business to "CB" Community Business, property located at East of and across the street from 5909 Nimtz Parkway, City of South Bend - APC# 2370-06 Dear Council Members: I hereby Certify that the above referenced ordinance of South Bend Redevelopment Authority was legally advertised on Thursday, May 4, 2006 and that the Area Plan Commission at its public hearing on Tuesday, May 16, 2006 took the following action: Upon a motion by John DeLee, being seconded by Phil Sutton and unanimously carried, the proposed ordinance and site development plan of South Bend Redevelopment Authority to zone from "LI" Light Industrial and "CB" Community Business to "CB" Community Business, property located east of and across the street from 5909 Nimtz Parkway, City of South Bend is sent to the Common Council with a favorable recommendation. This site has long been designated for a hotel as part of the overall Blackthorn development plan. The proposed rezoning is a small expansion of the existing "CB" Community Business zoning. The area will be well served by the proposed use as this area of South Bend continues to develop and expand. The site's proximity to the Toll Road and the U.S. 31 By-pass make this an ideal location for the proposed use. This area, upon its build out, will have a mix of commercial and industrial uses. 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, w. ohn W. B ~ Y JWBar Attachment CC: South Bend Redevelopment Authority County Mayo/SB, LLC c/o JF + A Properties, LTD/CII Derek J. Spier, A.LC.P. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2370-06 Owner: South Bend Redevelopment Authority Location: East of 5909 Nimtz Parkway Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "LI" Light Industrial and "CB" Community Business to "CB" Community Business to allow a hotel, restaurant, and pub. Land Uses and Zoning: On site: On site is vacant land zoned "CB" Community Business and "LI" Light Industrial. North: To the north are offices and vacant land zoned "O" Office. East: To the east is Blackthorn Golf Course zoned "LI" Light Industrial. South: To the south is Blackthorn Golf Course zoned "LI" Light Industrial. West: To the west is Blackthorn Golf Course zoned "LI" Light Industrial and the Blackthorn Golf Course proshop and parking lot zoned "O" Office. 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 irregulazly shaped site is 4.5 acres in size. The proposed County Mayo Irish Inn and Pub building should cover 0.5 acres or 12% of the site. Parking areas make up just under 2 acres or 42% of the site. Open space will account for just over 2 acres or 46% of the site. There are 150 parking spaces shown. All required landscaping is shown. There is one driveway on Nimtz Parkway in the northeast corner of the property. The main hotel entrance and drive-thru is located on the south side, and the outdoor dining patio is located on the western side. Zoning and land use history & trends: In 1990, 489 acres bounded by Olive Road on the west, the regional airport on the east, U.S. 20 on the south and old Cleveland on the north was rezoned from "A" Residential to "D" Light Industrial. In 2004, with the passing of the new zoning map, most of the petition azea was rezoned from " I" Light Industrial to "CB" Community Business. A large area to the north and to the east was rezoned from "LI" Light Industrial to "O" Office at that time as well. In 2005, seven parcels on the north and west side of Nimtz were rezoned from" Office to "LI" Light Industrial. Traffic and transportation considerations: F.J. Nimtz Parkway has four lanes. In 2003, the Michiana Area Council of Government (MACOG) counted 4,842 cars per day on Nimtz Parkway east of the Indiana Toll Road entrance. Utilities: The site is served by City of South Bend municipal water and sanitary sewer. South Bend Redevelopment Authority #2370-06 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Goal 2: Encourage the economic development of the county and its municipalities. Objective C: Develop quality business areas to meet the retail and service needs of the planning area. Policy xi: Highway-oriented business centers shall be located in outlying areas, at the intersection of highways or at limited-access interchanges. The proposed use complies with the Comprehensive Plan economic development policy. Land Use Plan: The petition area is not designated for any specific use by the Land Use Plan. 2. Current conditions and character: Currently, the Blackthorn Industrial Park is a mix of "LI" Light Industrial and "O"Office zoning. 3. Most desirable use: The most desirable use would be for a hoteUrestaurant that would serve guests that come and play the Blackthorn Golf Course. 4. Conservation of property values: Should this rezoning be approved, surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to locate a mix of more intense commercial, industrial, and office uses near two limited access highways (U.S. 31 By-Pass and Indiana Toll Road). 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: This site has long been designated for a hotel as part of the overall Blackthorn development. The proposed rezoning slightly expands this site. South Bend Redevelopment Authority #2370-06 Page 2 of 3 O CB ' ,r i ~~'. ''/ ~i. '~/ .,. F. J: Nimtz ~' ~ ~ '. Il' V O O u REZONING FROh9: "CB" COMMUNITY BUSINESS AND "LI" LIGHT INDUSTRIAL T0: "CB" COMMUNITY BUSINESS SOUTH BEND ZONING "CB" COMMUNITY BUSINESS "LI" LIGHT INDUSTRIAL ~': "~" OFFICE N • w -`` r~~',-e '~ t., :~. 1 inch equals 400 feet aPC; # ~;~7n-n~ South Bend Redevelopment Authority #2370-06 Page 3 of 3 ,~ \ ~ . ~ ;~. 1u / / \ 2/praf'~ / ~ ~ \\ / i i i \\ \\ \ / / y,, ~,y / M'r4N4 \ / T~, ~ V ~ \ \ \ \ ~ ~ \ \ \ \ \ \ \ \ ~ \ \ \ \ ~ ~ \ \ \ \ \ \ \ \ \ \ \ ~ jr', \ \ 1% \\ \\ \ \ ~yP 1q0•' \ \ \ \ ~ \\ , `~ \ \ / V \ ~ / i \ ~ \ / i / ~ h ~ e';EJ'~ \ \ \ \ , / ~ v~, ~ ~ ~C~TV \ \ i ~ / ~ ~ / \ 11 hd. \ a / ~ // / ~ i Q. \ Ng ~ ~ ~ i a I qi I ~ / / ~~ ~~ ~~ i i' i n9. \\n %~ / ~ / / // / R~0 / / / / / / / / `~` /// /~, n ¢ I ~ I M ~ I 3 ~ I h O I ~,~' I $ ~,r,3 h wRMI i~;o~~;~,'~,~N ~ ,~51~~ ~ ~ ~+"~ - t i f~~~~S I ~ ~ ~~ap I yj ~~~„ I ~ ^s,~,'„ M o i I I ~C `,~, GENERAL DATA: 1. TOTAL AREA: 197,370 S0. FT. (4.531 ACRES) 2. PROPOSED LAND USE: HOTEL, RESTAURANT, AND PUB 3. CURRENT ZONING: 'CB" COMMUNITY BUSINESS k 'LI' UGHT INDUSTRIAL (HATCHED AREA) 4. PROPOSED ZONING: 'CB' COMMUNItt BUSINESS (HATCHED AREA) 5. THE SITE 'MLL BE SERNCm BY CITY OF SOUTH BEND SEWER AND WATER. 6. THE STRUCTURE SHALL BE TWO STORIES IN HEIGHT. 7. ALL BUILDINGS, DRIVES, PARKING AREAS, AND LANDSCAPING ARE APPROXIMATE AND ARE SUBJECT TO CHANCE PRIOR TO FINAL SITE PLAN APPROVAL. 8. ALL LANDSCAPING SHALL BE MEET THE CURRENT REQUIREMENTS OF THE Cltt OF THE SOUTH BEND ZONING ORDINANCE. 9. THE HATCHED AREA IS PROPOSED TO BE REPLATIED AND COMBINED WITH LOT JA OF THE BLACKTHORN CORPORATE OFFlCE PARK, MINOR X10. TABULATED DATA: LAND USE RATIO SUMMARY: SQUARE FOOTAGE ACREAGE PERCENTAGE AREA OF BUILDING 21,664 0.50 AC. 118 AREA OF PAVEMENT 82.467 1.69 AC. 428 AREA OF OPEN SPACE & SIDEWALKS 93,239 2.14 AC. 478 DEVELOPED SITE 197,370 4.53 AC. 1008 PARKING: SPACES REQUIRED: RESTAURANT/PUB 1 PER 3 SEATS PER MA%IMUM CAPACTY - 236 MAX, CAPACITY /J - 79 HOTEL 1 PER ROOM + 2 FOR REGISTRATIDN AREA s2 RooA1s + 2 - s+ TOTAL - 1J3 PROVIDED PARKING SPACES 150 + 7 A.D.A SPACES • 157 ALL PARKING SPACES ARE PAVED AND ARE A MINIMUM OF 9' R 20'. PRELIMINARY SITE PLAN COUNTY MAYO IRISH INN & PUB OMNER/PEII710N: SWiH BEND REOEVELOPNENT AUTNOPott 1700 CCVNtt-CITY BUILONC 217 VEST JEIFEASON BOJLEVARD $DGTN BEN0. HIIANA 16601 CONTINGENT OYNER: COUNtt MAYO/SB, LLC 8 d A PROf4iiIE5, LTB/CII 271 EAST DLEfBATI ROAD, YJI1E 7k LANE fOAESi, WNgS 600b GRAPHIC SCALE a a x a ~v pp I Bwh . a n i I OGATION MAP $CALF: N75