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
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PETITION AREA
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REZONING FROM: "R" RESIDENTIAL
TO: "CB" COMMUNITY BUSINESS
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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
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SINGLE FAMZLY
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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
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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.
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SOUfH BExO, IN. 46628
(Si4) 2M-400]
AIM: PoCNNAO COK
Filed In Clerk's Office
II~AR 3 1 2~0~
JOHN YOOADE
CITY CLERK, S0, BEND, IN.
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