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HomeMy WebLinkAbout9595-05 Annexation & Rezoining - 52520 Portage Road - Jo Ann NucciORDINANCE No. 9595-05 Passed by the Common Council of the Ciry of South Bend, Indiana June 13, Attest: Attest: 20 05 Ciry Clerk President of Common Council Presented by me to the Mayor of the Ciry of South Bend, Indiana June 14, 20 05 City Clerk Approved and signed by me ~ u n e 15 , 20 0 5 Mayor Revised 3/29/05. 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #1, _ JO ANN NUCCI _ _ 52520 PORTAGE ROAD, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 2.11+/- acres located in German Township, St. Joseph County, Indiana, has been filed by 100$ of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (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: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION AND REZONING TO "CB" COMMUNITY BUSINESS DITRICT). Being a part of the Southwest and Northwest Quarters of Section 22, Township 38 North, Range 2 East, of German Township, St. Joseph County, Indiana, which is described as: Beginning at the intersection of the North right-of-way line of Darden Road and the East line of the West Half of the Northwest Quarter of said Section 22; thence South 00°-00'-00" East, (all bearings assumed) along said East line and the East line of the West Half of the Southwest Quarter of said Section 22, 332.97 feet more or less; thence South 70°-56'-51" West 187.14 feet more or less to a point on the Easterly right-of-way line of Portage Road; thence Northwesterly along said Easterly right-of-way line, 416.82 feet more or less along said Easterly right-of-way line of Portage Road to its intersection with the North right-of-way line of Darden Road; thence North 90°-00'-00" East, along said North right-of-way line, 312.75 feet more or less to the Point of Beginning. Containing 2.11 acres more or less. Subject to all legal highways, easements & restrictions of record. 2 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 a 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 rights-of-way, is hereby established as "CB" Community Business District for Parcel I, in the City of South Bend, St. Joseph County, State of Indiana; 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, approved by the Mayor, and legal publication. ~Y Member of the Common 'ou 1 Attest: Ci y Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~`t~ Day of ~l,lv~ 2 OOS~ at ~ ~. ]J O'clock ~. M. ~~ (~~'~`~ City lerk Approved and signed by me on the a O'clock ~.M. ~ Day of ~~ 2 ao ~ , Mayor, City o South Bend, Indiana 1st READING 3~~y-~ PUBLlC HEARING S-Z~-OS' CIS ~ ~ ~.~5 ~i~~.'-`~~ 3rd READWG (0-~3-oS Q,ST~~S~,~9.~ NOT APPROVED l ~~~ REFERRED /~ - ~- PASSED i'o-\3-v~ o. S 5~~s~~-~-U~~~-e~ Filed In Clerk's Office ~Qf` i CITY :'c.~w{, yG. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 19-05 A BILL 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH, COUNCILMANIC DISTRICT #1, JO ANN NUCCI, 52520 PORTAGE ROAD, 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. Roland Kelly Chairman EXHIBIT "A" PARCEI~ I. (ANNEXATION AND REZONING TO "CB" COMMUNITY BUSINESS DITRICT). Being a part of the Southwest and Northwest Quarters of Section 22, Township 38 North, Range 2 East, of German Township, St. Joseph County, Indiana, which is described as: Beginning at the intersection of the North right-of-way line of Darden Road and the East line of the West Half of the Northwest Quarter of said Section 22; thence South 00°-00'-00" East, (all bearings assumed) along said East line and the East line of the West Half of the Southwest Quarter of said Section 22, 332.97 feet more or less; thence South 70°-56'-51" West 187.14 feet more or less to a point on the Easterly right-of-way line of Portage Road; thence Northwesterly along said Easterly right-of-way line, 416.82 feet more or less along said Easterly right-of-way line of Portage Road to its intersection with the North right-of-way line of Darden Road; thence North 90°-00'-00" East, along said North right-of-way line, 312.75 feet more or less to the Point of Beginning. Containing 2.11 acres more or less. Subject to all legal highways, easements & restrictions of record. Filed In C1e= ~ffi~~ APR ~ 2005 JONPJ VODRDE CITY CL~~~, 5D• BEND, IIV. Revised 3/28/05. PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X a. one-hundred percent (100$) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51~) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy-five (75~) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at: 52520 Portage Road South Bend, Indiana 46628. 5). That the name and address of the property owner(s) of the petition site is: Jo Ann Nucci 52520 Portage Road South Bend, Indiana 46628 (574) 259-2580. Property Tax Key No. 04-1014-0292. 6). That the name and address of the contingent purchaser(s), if applicable, is: N/A 7). The property is 2.11 +/- acres in size and currently has the following use(s) on it: Single-Family home. Population (1). 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build-out year - 2006) From: "R" Residential (County Zoning) To: "CB" Community Business District. 2 for the following uses: Retail Uses allowed under the Community Business District Zoning including a drive-up window. 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit ~~Aii . 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 2a. 17 copies of a Preliminary site plan. 3. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b). By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 10). The signature(s) of all property owner(s), or Attorney for all property owner(s). ~ ~ Signed: O Ann Nucci 520 Portage Road South Bend, Indiana 46628 (574) 259-2580 11). Name, Address & Phone Number of Contact Person/Preparer: Danch, Harper & Associates, Inc. C/O Michael Danch 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 (574) 234-4003. F{~E;~ I{~ CI~T~('~ Gi~I~L' APR ~ 2005 dC?i~N vonr~DE CITY CLARK, S0. BEND, IN. PROPERTY ~WINERS 300 FT. JO ANN NUCCI 52520 PORTAGE ROAD SOUTH BEND, IN 46628 TAX ID# 04-1014-0242 FRANK PRUSINSKI 52500 PORTAGE AVENUE SOUTH BEND, IN 46628 TAX ID# 04-1014-023001 EDWARD ROSE OF INDIANA P.O. BOX 3015 KALAMAZOO, MI 49003 TAX ID# 25-1014-024303 FRANK PRUSINSKI 52500 PORTAGE AVENUE SOUTH BEND, IN 46628 TAX ID# 04-1051-1293 SALAH M. AND CYNTHIA A. HII,AL 52447 PORTAGE ROAD SOUTH BEND, IN 46628 TAX ID# 25-1014-022101 TEACHERS CREDTT UNION P.O. BOX 1395 SOUTH BEND, IN 46624 TAX ID# 25-1014-024001 CURTIS JAMES IPdVESTMENTS 741 CENTRE VIEW BOULEVARD FORT MITCHELL, KY 41017 TAX ID# 25-1014-024007 SALAH M. AND CYNTHIA A. HII.AL 52447 PORTAGE ROAD SOUTH BEND, IN 46628 TAX ID# 04-1014-0221 BENJAMIN F. AND ELVIItA BURNS 52444 PORTAGE ROAD SOUTH BEND, IN 46628 TAX ID# 04-1051-1292 PHYLLIS JEAN REED 52423 PORTAGE SOUTH BEND, IN 46628 TAX ID# 04-1046-0969 TEACHERS CREDIT UNION P.O. BOX 1395 SOUTH BEND, IN 466?.4 TAX ID# 25-1014-024009 WAL-MART REAL ESTATE BUSINESS TRUST PROP. TAX DEPT. 1301 SE 10TH STREET BENTONVII,LE, AR 72716 TAX ID# 25-1014-0240 MARY JANE HAMMIER 52400 PORTAGE SOUTH BEND, IN 46628 TAX ID# 04-1051-1291 ~ KANE PROPERTIES L.L.C. 3545 NORTH BENDD~ DRIVE SOUTH BEND, IN 46628 TAX ID# 25-1014-024004 TEACI~RS CREDTT UNION P.O. BOX 1395 SOUTH BEND, IN 46624 TAX ID# 25-1014-024010 WILLIAM GEYER P.O. BOX 229 LAKEVILLE, IN 46536 TAX ID# 04-1014-024201 Filed In Clerk's Offic® l;~A~ - 9 2005 JOHN VOORDE Cl'TY CLERK, S0. BEND, IN. • Area Plan Commission of St. Joseph County ' 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 www.areaplan.org Fax 574 235-9813 Apri120, 2005 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 Jo Ann Nucci to zone from "R" Residential (County) to "CB" Community Business (City), property located at 52520 Portage Road, City of South Bend - APC# 2310-OS Dear Council Members: I hereby Certify that the above referenced ordinance of Jo Ann Nucci was legally advertised on Thursday, April 7, 2005 and that the Area Plan Commission at its public hearing on Tuesday, April 19, 2005 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance and site development plan of Jo Ann Nucci to zone from "R" Residential (County) to "CB" Community Business (City), property located at 52520 Portage Road, City of South Bend is sent to the Common Council with a favorable recommendation. This petition area will better serve the daily needs of the residents of the area and has no conflicts with the Comprehensive Plan. With the extensive landscape screening that is to be employed, there shouldn't be any negative impacts on the surrounding property values. 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. Si rely, Robert W. Sante RWS:sr Attachment CC: Jo Ann Nucci Michael Danch Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana F ~ d in C er1 k's Office p,P~ Z 0 ?005 JOHN Vge°FQ ~° ~' ~-TY CL£RK, Staff Report APC # 2310-0~ Owner: Jo Ann Nucci Location: 5220 Portage Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "R" Residential (County) to "CB" Community Business (City) to allow Uses allowed under the "CB" Community Business District including a drive-up window. Land Uses and Zoning: On site: On site is asingle-family izome. North: To the north is vacant land in the County zoned "R" Residential. East: To the east is an apartment complex in the City zoned "MF2" 1~tulti-family. South: To the south is vacant land in the County zoned "R" Residential. West: To the west are commercial uses including a bank in the City zoned "CB" Community 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 to be rezoned is approximately 2.11 acres. The site plan shows the 12,74 square foot building with the drive-through on the north side of the building. The site plan shows tvvo entrances off of Portage Rd. Extensive required landscaping is shown around the perimeter of the site and the foundation of the building. Zoning and land use history & trends: The property to the west was annexed and rezoned to ""CB" Community Business for a shopping center, drycleaner, restaurant, and similar businesses in IViarch of 2005. The property to the southwest of the petition area was rezoned to "C" Conunercial in 2001 for retail, a restaurant, and financial institution. The property to the northwest was rezoned to "OB" Office Buffer, "CB" Community Business, and "MF2" Viulti-family for: retail, restaurant, office, and multi-family housing. Traffic and transportation considerations: Portage Road is a major thoroughfare between the northern parts of the county and South Bend. It is two lanes at this location. Utilities: The building will be serviced by municipal water and sanitary sewer. 5 Criteria (per IC 36-7-~-603): 1. Comprehensive Plan: Policy Plan: Goal 3: Objective C: Policy i states: iVledium or high-density multi-family housing, or other facilities with intense activity (such as churches, secondary schools, and commercial sites) should be located along arterials with access to the arterial street (preferable) or to a collector street. Goal S: Objective A: Policy i states: Encourage development in areas where infrastructure and urban services are available or where they can be easily provided. Land tise Plan: The petition area Lies within a designated Commercial Growth area as stated in the St. Joseph County-South Bend Land Use Plan. 2. Current conditions and character: This area is part of an expanding commercial node. Portage Rd. is an arterial that experiences residential commuter and commercial traffic throughout the day. 3. Nlost desirable use: The most desirable use for this area is for commercial uses. With commercial zoning approved to the northwest, west, and southwest, rezoning this property will be consistent with the development that has occurred and is expected to occur in the area. 4. Conservation of property values: This petition should not have negative impacts on the surrounding property values. 5. Responsible development and growth: As demand has increased for commercial services, it is responsible to allow for the expansion of the zoning, provided that it is done in an orderly fashion. Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: This petition area will better serve the daily needs of the residents of the area and has no conflicts with the Comprehensive Plan. With the extensive landscape screening that is to be employed, there shouldn't be any negative impacts on the surrounding property values. r `LL' ~SIN~ GLE ~FA~M~I~LY-~{ 1_7J .... _ SINGLE F!`A~M-2~LY~-..~ ~~._ _ SINGLE FAMILY i 0~~ `~,, NGLE FAMLY ' V Y ._. _- ~~ SINGLE fAMILY COMMERCIAL BANK 0 0 COMMERCIAL 0 COMMERCIAL COMMERCIAL R PETITION AREA mm mm m mm m m APARTMENTS mm mm m mm m ;m APARTMENTS .__. COMMERCIAL oQ. ~'~ ~+ ~~° ~ m r` B REZONING FROM: "R" RESIDENTIAL TO: "CB" COMMUNITY BUSINESS ~ ^ j ~~~~ V l ~,. ~ ~ S R SOUTH BEND EXISTING ZONING "CB" COMMUNITY BUSINESS "MF2" MULTIFAMILY "OB" OFFICE BUFFER APC # 2310-05 "SF1 " SINGLE FAMILY ST. JOSEPH COUNTY EXISTING ZONING ° ~ 200 40o soo "R" RESIDENTIAL Graphic Scale SINGLE FAMILY . C r ..... ... SINGLE FAMZLY C ~ SINGLE FAMILY PETITION AREA .' PRELIMINARY SITE PLAN A PART Of THE SOUTHWEST AND NORTHWEST QUARTERS Of SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST GERMAN TOWNSHIP, SAINT JOSEPH COUNTY, INDIANA r a a Vicinity Map 1"=2,00' Nwy P'rsRwrux ax 7HS 6AnNNC 6 Nor INm¢sn m e[ suuNa[ rat IlI6e 811M PERSON, iFY OA NI9GRRON OA FYI OIKRS OX [IfIEN90N S Rx6 vNaECI ox rre urr usE ox "rv ollEA vAarcr. wn Norse +rwur warlrx 'r[RFKAItlN AVO ADOPIINI PI Oa 0.'OOIEFR ASRIRCI CR 9AAEYIW fON M ~iRINC YJNIUv'! INIe1Nt8 "LL %A1 i[ USLNS SW[ R9 A'q WnNWI Y1B9Rf OR tEGY F 70 M DONIEER, AAORFLT OR SURh19R Nc uwoexcNOUxo orwrlCS NJSr " rtm rcYrnn sr rNE cdxmr;loR soots wa roNSmNCnan Yv 9EliN usr uNE or rN[ w[sr 14NF~ or rx[ rwmww[sr ouuNla OF SEC. 22, i. 3B N., R. 2 E. "- T1S E F 4 E ~- ~7~ c 0 i A ANNE%A110N LEGAL DESCRIP-ON AACEL L IANNEXATION~Np R T" MM NI N I Rl T Being s part of the Southwest and Northwest Quarters of Section 22, Township 76 North, Range 2 East, of German Township. SI. Joseph County, Indiana, which is described as: Beginning at the intenectlan of the North rlghl-of-way line of Oorden Rood and the East Ilne al the Wesl Half al the Northwest OuaRer of said Section 22; (hence South OC!-00~-00' East, (sll bearings assumed) along said East line and the East line of the West Ilalf of the Southwest Quarter of said Section 22, 332.971eet more or less; thence South 70'-56'-51` West 187.14 feet more or less l0 D point on the Easterly right-of-way line of Portage Rood; thence Northwesterly along said Easterly right-ol-way Ilne, 416.62 feet more ar less along sold Easterly right-of-way fne of Porage Road to its intersection with lha North right-ol-way line of Darden Road; thence Narlh 9U-00'-00` Easl, along said North right-of-way I'me, 31275 feel more or less to the Point of Beginning. Containing 2.11 acres more or less. Subject to all loyal highways, easements & restrictbns al record. TABUTATEO DATA 1~. ACREAGE OFSITE _ ..............................._................,..,..... 2.11 ACRES 2). PROPOSED LAND USE: A SMALLCOMMERCIAL CENTER RETAIL USES, INCLUDINGA A DRNE-UP WINDOW FACILITY; 3). PARKING RATIO REQUIRED BY ORDINANCE: A. BUSINESS RETAIL USES' 1. 1 PARKING SPACES PER 1,000 SQUARE FEET OF GROSS FLOOR SPACE: Nl1MRER OF SPACES REWIRED FOR 12,745 SQUARE FEET OFGROSS FLOOR AREA ............................................51 SPACES NUMBER OF BPACES PROVIDED .........................................51 SPACES 4). PROPOSED NUMBER AND TYPE OF UNITS: 5).PROPOSED LANG COVERAGE: SQUARE FOOTAGE %OF SITE A. BUILDING ..................__............................ 12.745 13.87 R.PARKING, DRNES, AND LOADING AREA....... 53,299 57.99 C.OPEN SPACE.......,..._ ......................._.....25868 26.14 TOTAL 91,812 100.00 6~, FLOOR AREAOF DUILDING BY USE: SQUARE FOOTAGE %OF BLDG. A. RETAIL ..................................................... 12 745 100.00 TOTAL 12,745 100.00 7). SURFACE RUNOFF AND DRAINAGE TO BE HANDLED THRWGH THE USE OF RETENTION BASINIFRENCH-DRAIN SYSTEM LOCATED ON SITE. 8). PROPOSED BUILDING IS 1 STORY. 9). BUILDING WILL RE SERVICED BY MUNICIPAL. WATER AND SANITARY SEWER. 10). DRAINAGE CAPACITY WILL BE DESIGNED TO MEET THE LATEST CITY OF SOUTH BEND STANDARDS. 11). ALL PARKING SPACES ARE TO BE 9' X 20', EXCEPT HANDICAP SPACES WHICH WILL MEET THE LATEST A.D.0. STANDARDS. BUILDING ENTRANCES WILL NAVE A RAMPED SIDEWALK FROM THE PARKING AREA FOR THE HANDICAP ACCESSIBILITY. 12). DRNEWAY OPENING WILL BE REQUIRED TO MEET THE LATEST CITY OF SOUTH BEND STANDARDS. 13.) ALL REQUIRED SCREENING SHALL CONFORM TO THE LATEST CRY OF SOUTH BEND ZONING ORDINANCE STANOAR0.S. 14). ALL SIGNS SHALL CONFORM TO THE LATEST CITY OF SWTH BEND ' 20NING ORDINANCE STANDARDS. • V - I 0 30 60 90 I I 1 1 1 I SCALE 1" = 30' ciIRrTYOR$ ! 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