HomeMy WebLinkAbout10026-10 Rezoning - 1847 Lincolnway EastORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
August 9, 20 10
Attest:
Attest:
Presented by me to the Mayor of the City ojSouth Bend, Indiana
August 10,
20
10
City Clerk
President of Common Council
City Clerk
Approved and signed by me / ~!-~~ «... S ~ ~ Z- 20 ~`~
~~ Mayavr
ORDINANCE NO. ~ D O 2-~0-- I ~
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED EAST OF AND ADJACENT TO
1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613,
COUNCILMANIC DISTRICT NO. 3, IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
THE PROPERTY IS LOCATED EAST OF AND ADJACENT TO 1847 LINCOLNWAY
EAST, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED GB GENERAL
BUSINESS DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE
CB COMMUNITY BUSINESS DISTRICT TO ALLOW FOR A FINANCIAL
INSTITUTION WITH A DRIVE-UP WINDOW & ATM.
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 A PART OF THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION
18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF
SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS: BEING A PART OF LOT # 2 OF THE PLAT OF "MEDOWS
MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0804107 IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND
BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHWEST
CORNER OF SAID LOT # 2; THENCE N. O1°-25'-04" E. ALONG THE WEST
LINE OF SAID LOT, 309.14 FEET; THENCE N. 83°-14'-55" E. ALONG THE
NORTH LINE OF SAID LOT, 203.70 FEET MORE OR LESS; THENCE S. 00°-
00'-00" W., 337.75 FEET MORE OR LESS TO THE NORTHERLY LINE OF
LINCOLNWAY EAST; THENCE ALONG SAID NORTHERLY LINE FOR THE NEXT
TWO COURSES, S. 89°-35'-50" W., 20.24 FEET MORE OR LESS AND N.
88°-31'-13" W., 189.76 FEET MORE OR LESS TO THE POINT OF
BEGINNING. CONTAINING 1.53 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
AND AFTER ITS PASSAGE BY THE COMMON
MAYOR, AND LEGAL PUBLICATION.
R OF THE CON~ION COUNCIL
IN FULL FORCE AND EFFECT FROM
COUNCIL, APPROVED BY THE
2
ATTEST:
PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA
ON THE '•, ~:. ~ ~ DAY OF ~ a ~ 3 ~ , 2 p t o , AT
L~`.~ O' CLOCK ~t M.
.
CITY CLERK ~ ~"~
APP VED AND SIGNED BY ME ON THE ~~ ~ DAY OF
~ ~ , 2 ~ ! ~ , AT 'CLOCK ~ . M.
/O
~c.e.-sue ~tu-c-LL-~----
MAYOR, CITY SOUTH BEND, INDIANA
1st READING ~J~~JI~ f l
PUBLIC HEARING ~-~,a ~e.S S~.c~S?~~
3 rd READING ~ ~.Lo ~S S~t.~S~,-~.`~gt~
NOT APPROVED
~I~~~ to Cler~'~ Q~fice
JQHN VQQRDE
.CITY CLERK, SQ~~N•
REFERRED 1
PASSED g-`(_~o Cts S ~-c-~JT~~-c.~I'~-~71
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
27-10 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED EAST OF AND ADJACENT TO
1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA
46613, COUNCILMANIC DISTRICT NO. 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 by correcting some scrivener's errors in the legal
description.
Ann Puzzello
Chairperson, Committee of the Whole
E FILED
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:
VACANT PROPERTY ADJACENT TO AND EAST OF 1847
LINCOLNWAY EAST,
SOUTH BEND, INDIANA 46613.
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
LINCOLNWOOD RETAIL LLC
2640 E. GOLDEN GATE PARKWAY
SUITE 102
NAPLES, FLORIDA, 34105
PH. NO. 1-239-434-6767
3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE:
N/A
4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED:
FROM: GB GENERAL BUSINESS DISTRICT
TO: CB COMMUNITY BUSINESS DISTRICT
5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). FINANCIAL INSTITUTION WITH A DRIVE-UP WINDOW & ATM.
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 '/" x 11" FORMAT.
SIGNED,
PETITIONED PREPARED BY:
DANCH, HARNER & ASSOCIATES
1643 COMMERCE DRIVE
SOUTH BEND, INDIANA 46628 (574) 234-4003
APPLICATION NO.
~;3~d to Ct~r~'~ ~~rti~~
p~ AY 2 4 2010
JOttN VOOtiDE
CITY Ct.t:I#n, S0.8EitA, IN.
Property Owners
Within 300 Feet
Felix 8~ Lorraine D'Souza
801 Gates Ave
Piscataway, New Jersey 08054
Tax Key # 018 7079 288407
Clifford L'Esperance
PO Box 1806
Midland, M1.48641
Tax Key # 018 7079 289404
Mcdonald's Corp / Kada Partnership
118SMiIISt
Mishawaka, IN. 46544
Tax Key # 018 7079 289401
Gerald & Anna Mae McDaniel
1910 LincolnWay E
South Bend, IN. 46613
Tax Key # 018 7079 2894
Legasey Holdings LLC
1820 LincolnWay E
South Bend, IN. 46613
Tax Key # 018 7079 289405
Board of Commissioners of the
County of St.Joseph
County City Building
South Bend, IN. 46601
Tax KPV # n1 R 7n74 ~RGR
Donald & Sharon Medow
125 S Conestoga
South Bend, IN. 46617
Tax Key # 018 7079 288403
Board of Commissioners
County of St.Joseph
County City Building
South Bend, IN. 46601
Tax KPV # f11 R 7~7A ~R9A
Trustees of Indiana University
Real Estate Dept.
530 E Kirkwood Ave. Ste 204
Bloomington, IN. 47408
Tax KPV # n1R 7~7A ~RR4nR
Lincolnwood Retail LLC Edward Keefe Trustee Revocable SI Holdings LLC
2640 E Golden Gate Parkway # 102 Trust 1847 LincolnWay E
Naples, FL. 34105 834 Eisenhower St. No. 15 South Bend, IN. 46613
Tax Key # 018 7079 288402 Winner, South Dakota 57580 Tax Key # 018 7079 288405
Tax KPV # (11R 7(176 ~RR4n1
MAY 2 4 2010
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GITY CI.~F,~, a4_„gYf~it?, ~P!'
LEGAL DESCRIPTION
THAT A PART OF THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION
18, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF
SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS : BEGINNING BEING A PART OF LOT # 2 OF THE PLAT OF
"MEDOWS MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0804107 IN
THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE
AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID LOT # 2; THENCE N. O1°-25'-04" E. ALONG
THE WEST LINE OF SAID LOT, 345.14 FEET; THENCE N. 83°-14'-55" E.
ALONG THE NORTH LINE OF SAID LOT, 203.70 FEET MORE OR LESS;
THENCE S. 00°-00'-00" W., 337.75 FEET MORE OR LESS TO THE
NORTHERLY LINE OF LINCOLNWAY EAST; THENCE ALONG SAID NORTHERLY
LINE FOR THE NEXT TWO COURSES, S. 89°-35'-50" W., 20.24 FEET MORE
OR LESS AND N. 88°-31'-13" W., 189.76 FEET MORE OR LESS TO THE
POINT OF BEGINNING. CONTAINING 1.53 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF
RECORD.
___-
F,! AY 2 4 2010
i
~-~ Uanch, F/arner ~ ~I ssociates, /nc.
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Rezoning Petition for Lincolnwood LLC
for property located adjacent to and East
of 1847 Lincolnway East,
South Bend, Indiana 46613:
Dear Council Members:
Land Surveyors Professional Engineers
Landscape Architects Land Planners
May 19, 2010
Our clients are requesting the approval of a Rezoning
Petition for the property located East of 1847 Lincolnway
East, South Bend, Indiana. This requested Rezoning would
allow for the construction of a Community Wide Federal
Credit Union facility. The Petitioners believe this
facility would be an acceptable use along this portion of
Lincolnway East and would give their clients a convenient
location on the East side of South Bend.
If you have any questions concerning this matter, please
feel free to give me a call at 234-4003.
Sincerely,
File No. 100127 "C" Md.
crt't c~E~..~
1643 Commerce Drive ^ South Bend, IN 46628
office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119
5 p~f'tC0
~l~~k
F;d~~ to
l~A~ 2 ~ 2010
208 West Mars ^ Berrien Springs, MI 49103
office 2691471-3010 ^ Fax 269/471-7237
President
Danch, Harner & Associates
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/areaplan Fax 574 235-9813
July 21, 2010
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, 1N 46601
RE: A proposed ordinance of Lincolnwood Retail LLC to zone from GB General Business
District to CB Community Business District, vacant property adjacent to and east of 1847
Lincolnway East, City of South Bend. - APC# 2556-10
Dear Council Members:
I hereby Certify that the above referenced ordinance of Lincolnwood Retail LLC was legally
advertised on Thursday, July 8, 2010 and that the Area Plan Commission at its public hearing on
Tuesday, July 20, 2010 took the following action:
Upon a motion by Barrett Berry, being seconded by Robert Hawley and unanimously
carried, the proposed ordinance of Lincolnwood Retail LLC to zone from GB
General Business District to CB Community Business District, vacant property
adjacent to and east of 1847 Lincolnway East, City of South Bend is sent to the
Common Council with a favorable recommendation. This rezoning will allow for a
vacant and underutilized property to be used for a high intensity automobile oriented
commercial use. Prior high intensity commercial uses, including an automobile
dealership, have been located at this site since the 1960s. Adjacent uses including fast
food restaurants and a drugstore complement the proposed use.
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,
/i~~. B ornt
Y
JWB jsc
Attachment
CC: Lincolnwood Retail LLC
Danch, Harper & Associates
Film !n C1Ll!~': ~ ~~~€sie
JUL 2 12010
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Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Report
APC # 2556-10
Owner: Lincolnwood Retail LLC
Location: vacant property adjacent to and east of 1847 Lincolnway East
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from GB General Business District to CB Community
Business District to allow a financial institution with adrive-up window and ATM.
Land Uses and Zoning:
On site: On site is a vacant lot previously occupied by an automobile sales business.
North: To the north is an apartment complex for IUSB students zoned U University
District.
East: To the east is a vacant lot and drugstore zoned GB General Business District.
South: To the south across Lincolnway East is a fast food restaurant zoned CB
Community Business District and a motorcycle sales business zoned GB General
Business District.
West: To the west is a fast food restaurant zoned CB Community Business 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 lazge space users which may
include limited amounts of outdoor sales or outdoor operations. Developments within the CB
District shall be coordinated to facilitate vehiculaz and pedestrian access from nearby residential
districts.
Site plan description:
The 1.53 acre site is proposed to include cone-story 3,995 squaze foot building covering 6% of
the site. Fifty-four pazking spaces will be provided and together with all other paved areas will
cover 44,801 square feet or 67% of the site. The remaining 27% of the site will be open space
consisting primarily of perimeter landscaping areas and interior landscape islands. A curb cut
along Lincolnway East will continue to provide access to the site. Variances were approved by
Area Boazd of Zoning Appeals to not require foundation landscaping, a reduction in the required
number of stacking spaces for both the drive-up window and ATM, and to not require perimeter
landscaping along the east property line.
Zoning and land use history & trends:
This site has been zoned GB General Business District since 2004 when it was a part of the Don
Medow automobile dealership. Don Medow vacated the premises in the spring of 2008 and the
existing structure was razed. According to the 1966 aerials, this commercial /retail structure was
located on this site for over 40 years. Prior to 2004, the site was zoned "C" Commercial, "e"
Height & Area.
Traffic and transportation considerations:
Lincolnway East is a five lane road including a center two-way left tum lane.
Utilities:
The site will continue to be served with municipal sewer and water.
Lincolnwood Retail LLC
#2556-10
Page 1 of 2
Additional information: (Agency comments)
The Building Department and County Surveyor have no comments. The Division of Engineering
and Public Construction has no objections.
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City Plan City of South Bend. Indiana (November 2006): Objective LU 2.2: Pursue a mix
of land uses along major corridors and other locations identified on the Future Land Use
Map. ED 1.2: Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Map shows this area as commercial.
2. Current conditions and character:
The site is currently vacant consisting primarily of paved areas and sparse natural ground cover
where the prior building once stood. Land uses along this section of the Lincoln Way corridor aze
mostly commercial and retail with student housing to the north. The site includes cross access to
the adjacent properties to the west and east at the north end of the site and to the east at the south
end of the site. The land to the east is anticipated to be developed as commercial, retail or
service.
3. Most desirable use:
The most desirable use of the site is higher intensity commercial since it is located adjacent to
other intense commercial uses. Lincoln Way, which is a major east-west thoroughfaze, provides
the proper access to this predominantly automobile oriented commercial area.
4. Conservation of property values:
Surrounding property values should not be negatively affected since the proposed use is
compatible with the adjacent commercial uses.
5. Responsible development and growth:
The proposed use supports responsible growth and development since it is located along an
existing commercial corridor. This vacant and underutilized property has been commercial or
retail for over 40 years.
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 rezoning will allow for a vacant and underutilized property to be used for a high intensity
automobile oriented commercial use. Prior high intensity commercial uses, including an
automobile dealership, have been located at this site since the 1960s. Adjacent uses including fast
food restaurants and a drugstore complement the proposed use.
Lincolnwood Retail LLC
#2556-10
Page 2 of 2
MI SHAWAKA
SOUTH BEND "C B" COMMUNITY BUSINESS DISTRICT
~-~--,
,,`; SOUTH BEND "GB"GENERAL BUSINESSDISTRKT
%f~ SOUTH BEND "U"UNIVERSITY DISTRICT
N
W t ~; E
`T'
S
1 inch = ~QO feet
~~ ~ ~~ ~~
Rezoning from:
"GB" GENER~4-L BUSINESS DISTRICT to
"CB'° COMMUNITY BUSINESS DISTRICT
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
July 1, 2010
City of South Bend Common Council
227 West Jefferson, Suite 400
South Bend, IN 46601
Re: Bill #27-10
Amendment of the Zoning Ordinance
Property Located East of and Adjacent to 1847 Lincolnway East
Honorable Members of the Council:
A substitute ordinance regarding Bill #27-10 was submitted to the Office of the Clerk on July 1,
2010.
The substitute ordinance corrected some scrivener's errors within the legal description.
If you have any questions, do not hesitate to contact the Area Plan Commission office.
Sincerely,
Derek Spier, AICP
Planner
Fi€~~! ~~ ~":~~~'c~S Qf~~~s
,!UL - ~ 2010
E:IZONINGI2010107JulyINON-CONFORMANCEICommon Council Ltr - Ordinance Edits - 2556-1D.doc
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana