HomeMy WebLinkAbout56-18 Old National Annexation Area (Previously Bill No. 12-17) SpUTH g4 -- ------- �wa..�.
_. �d Filed in Clerk's Office
[OCT 16 2018
1865 KAREEMAH RVVLER
CITY CLERK,SOUTH BEND,IN
CITY OF SOUTH BEND
COVVU \ ITY I \VESTVENT
October 16, 2018
Tim Scott, President
South Bend Common Council
4th Floor, County-City Building
Re: Re-Filing& Reinstatement of Bill 12-17 (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)
Dear President Scott:
Attached with this letter is original Bill 12-17, a voluntary annexation proposing to
annex/zone contiguous territory to the City of South Bend. This bill received First Reading
on March 13, 2017. The zoning aspects of the bill were heard by the Area Plan Commission
on October 17, 2017. At the request of the petitioner,the bill was continued indefinitely
prior to its scheduled public hearing at the October 23, 2017, Common Council meeting.
The petitioner now desires to proceed with its annexation/rezoning request. To accommodate
this request, I respectfully ask that Bill 12-17 be re-filed with a 2018 bill number and, as this
item previously had First Reading, be reinstated by the Common Council at its October 22
meeting. As this request has already been considered by the Area Plan Commission, it need
not be referred there. Rather,the bill may be set for Second Reading(public hearing) at the
Common Council's first meeting in November.
If you have any questions, please feel free to contact me at 235-5843. Thank you.
Sincerely,
Michael P. Divita,AICP
Planner
cc: Larry Magliozzi &Angela Smith, Area Plan Commission
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
1400S County-City Building 1227 W.Jefferson Bvld.l South Bend,Indiana 46601 1 p 574.235.9371 I www.southbendin.gov
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.
THE ANNEXATION AREA CONTAINS APPROXIMATELY 1.89 ACRES.
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 is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION V. 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
Approved and signed by me on the day of , 2 , at
o'clock . m.
Mayor, City of South Bend, Indiana
. 4
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL,
ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE
CITY OF SOUTH BEND ZONING ORDINANCE
In accordance with I.C. 36-7-4-1015,the Owner of the real estate located in St. Joseph County,
Indiana which is described below, makes the following COMMITMENTS concerning the use
and development of the following described parcel of real estate:
LEGAL DESCRIPTION:
Lot A of Standard Federal Bank Replat
STATEMENT OF COMMITMENTS:
1. The primary building shall have a façade with brick as the dominant material on all four
sides.
2. The primary building shall have storefront windows on facades facing State Road 23 and
Douglas Road. On street-facing facades of the building, the façade shall be at least 30%
glazed (windows and door surface area), calculated based on the total façade area
between two and eight feet above grade. The window glass shall be clear and visible to
the inside.
3. The primary building shall have a pitched roof at a minimum of 4:12.
4. The support columns on the gas station pump canopy shall be faced with brick and/or
stone matching that found on the building. The fascia or trim on the canopy shall
coordinate with the primary building materials or shall have a muted, neutral color.
5. A continuous hedge row(shrubs of 24"minimum height, planted at 3' on-center spacing)
shall be provided along the street edges of the property.
6. Signs placed on the property shall meet the sign standards of the LB Local Business
District.
7. Any freestanding sign shall have base and/or trim material elements that match the brick
and/or stone materials found on the primary building.
8. A driveway connection shall be provided to the parcel to the east,and access to Douglas
Road shall be shared with that property.No driveway approach from Douglas Road shall
be placed within 200 feet of the intersection of State Road 23.
9. No automotive service or repair will occur on-site.
These COMMITMENTS shall run with the land, be binding on the Owner of the above-
described real estate, subsequent owners of the above-described real estate and other persons
acquiring an interest therein. These COMMITMENTS may be modified or terminated by a
decision of the Area Plan Commission of St. Joseph County made at a public hearing after
proper notice has been given.
i
COMMITMENTS contained in this instrument shall be effective upon the approval of petition
APC#2818-17 pursuant to the City of South Bend Zoning Ordinance, and shall continue in
effect until: (i)the real estate is rezoned; or, (ii) modified or terminated by the Area Plan
Commission of St. Joseph County.
These COMMITMENTS may be enforced jointly or severally by:
1. The Area Plan Commission of St. Joseph County;
2. The City of South Bend, Indiana;
3. Owners of all parcels of ground adjoining the real estate within three-hundred
(300)feet of the subject parcel and all owners of real estate within the area
included in the petition who were not petitioners for approval;
4. The City of South Bend Attorney,Zoning Administrator, appropriate enforcement
official, and other specially affected persons designated in such commitments; and
The undersigned hereby authorizes the Executive Director of the Area Plan Commission of
St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County,
Indiana, upon final approval of petition APC#2818-17.
(Organization Owner)
By
Printed
Title
(Organization Acknowledgment)
STATE OF )
SS:
COUNTY OF
Before me, a Notary Public in and for said County and State, personally appeared
, the of
, a(n) , Owner(s) of
the real estate described above who acknowledged the execution of the foregoing instrument in
such capacity and who, having been duly sworn, stated that any representations therein contained
are true.
Witness my hand and Notarial Seal this day of
Signature
Printed
County of Residence
My Commission expires:
This instrument was prepared by Jordan Wyatt, Area Plan Commission.
I affirm under the penalties for perjury,that I have taken reasonable care to redact each Social
Security number in this document, unless required by law. Jordan Wyatt.
LAWRENCE P. MAGLIOZZI
FXECUTIVE DIRECTOR
Angela M. Smith
Deputy Dir.rl..r
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 22 JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (57+) 235-9571
March 7, 2017
Filed in Clerk's Office
South Bend Common Council ----1
4th Floor, County-City Building
South Bend, IN 46601 MAR 0 8 2017 ,
KAREEMIAH FOWLER
RE: Rezoning for 17330 State Road 23 CRY CLERK SOUTH BEND. IN
APC#2818-17
Dear Council Members:
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 ely,
111,,'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 T I N D I A N A.COM/A R E A P L A N
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.
City Clerk
Approved and signed by me on the day of , 2 , at
o'clock . m.
Filed in Clerk's Office
Mayor, City of South Bend, Indiana MAR pg 2011
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.
Filed in Clerk's Office
1) The property sought to be rezoned is located at:
17330 State Road 23
South Bend, 1N 46635 MAR 0 8 2017
2) The property Tax Key Number(s)is/are: 002-2019-041102 KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
3) Legal Descriptions: A PART OF THE SOUTHWEST QUARTER OF THE SOUT CA sJ QUARTER OF
SECTION 29, TOWNSHIP 38 NORTH, RANGE 3 EAST,ST.JOSEPH COUNTY, INDIANA,DESCRIBED AS
FOLLOWS: BEGINNING ATA POINT ON THE EAST LINE OF SAID QUARTER QUARTER 200 FEET NORTH OF
THE SOUTHEAST CORNER OF SAID QUARTER QUARTER; THENCE NORTH ALONG 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 OFA 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 SOUTHWESTERLY ALONG 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 OFA 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 KNOWN AS: "LOT A"IN STANDARD FEDERAL BANK REPLAT,A REPLAT OF LOT 1 AND 2
TOWER MINOR SUBDIVISION, IN CLAY TOWNSHIP, ST. JOSEPH COUNTY,INDIANA RECORDED AUGUST
29, 1994 AS INSTRUMENT NUMBER 94-32933.
4) Total Site Area: 0.92 Acre+1-
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 @kan orgro up.com
Name and address of additional property owners, if applicable: N/A
7) It is desired and requested that this property be rezoned: r ! LLD
MAR 062017
From: C:Commercial District(County) N/A AREA PLAN commrssIoN
To: CB Community Business DistrictL,Vt71.T2,'CAVis, ( / 7
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.
FILE
CONTACT PERSON:
Abonmarche Consultants, Inc. (Attn: Brian McMorrow) MAR 0 6 2017
750 Lincoln Way East
South Bend, IN 46601 AREA PLAN COMMISSION
(574) 314-1022 1 ':s PL AT;i• NO. 2-8l -1 l
bmcmorrow@abonmarche.com ---
BY
...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.
Signaute(s)of all property owner(s 1 signature of Attorney for all property owner(s):
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