HomeMy WebLinkAbout9582-05 Annexation & Rezoning - 61191 U.S. 31 South - Greg & Paula ElliottORDINANCE No. s~=-~~
Passed by the Common Council of the City of Soutli Bend, Indiana
April 11,
Attest:
Attest:
,~
Presented by me to the Mayor of the Ciry of South Bend, Indiana
April 12, 20 05
City Clerk
President of Common Council
Ciry Clerk
Approved and signed by me April 13 , 20 0 5
Mayor
20 05
ORDINANCE NO. ~ s~2-O.S~
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 CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS
THEREWITH;
Greg A. and/or Paula D. Elliott
61191 U.S. 31 South
South Bend, Indiana 46614
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of .83 acres located in Centre
Township, St. Joseph County, Indiana, has been filed by either fifty-one percent (51%) of the
owners of the land in the territory sought to be annexed and zoned, or the owners of seventy-five
percent (75%) of the total assessed value of the land for property tax purposes. It is the intent
and purpose of this 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-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:
A lot or pazcel of land in the North Half of the Northeast Quarter of Section 2,
Township 36 North, Range 2 East, in St. Joseph County, Indiana, described as
beginning at a point on the Westerly line of the Michigan Road 767.64 feet Southerly
(measured along the Westerly line of said Road) of the middle line of the Kern Road;
thence running West on a line pazallel with said Kern Road a distance of 255 feet;
thence due South 121.63 feet; thence South 71 degrees 08 minutes East 210.95 feet to
the Westerly line of said Michigan Road; thence North 16 degrees 09 minutes East with
the Westerly line of the Michigan Road 198 feet to the place of beginning.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby
declazed 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 "LB" Local Business District 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. That the above described real estate shall be and hereby is assigned to the 5~'
Councilmanic District of the City of South Bend, Indiana.
SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage
by the Common Council, approval of the Mayor, and legal publication.
C~~~~ ~- I'~~~
Member of the Common Council
Attest:
Ci Cler
Presented by me to the Mayor of the City of South Bend, Indiana on the (2~ day of
~~ , 2 ~ , at I ~-`~.S o'clock ~.m.
~~:~c~-, City Cl
Approved and signed by me on the 1~day of ~C- , 2 ~ ~~ , at 5 ~ io
o'clock m.
Mayor, City of th Bend, Indiana
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CITY Cti-`,~,. SD• FiEPl
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
94-04 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 CERTAIN
LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH;
GREG A. AND/OR PAULA D. ELLIOTT, 61191 U.S. 31 SOUTH,
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
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 Centre Township, St. Joseph County, Indiana, and in support of which
Petition allege and affirm as follows:
1) We, Greg A. & Paula D. Elliott, are the owners (hereinafter "petitioners") of a
parcel of land more particularly described in Exhibit "A".
2) Petitioners 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):
J a. one-hundred percent (100%) of the owners of the land in the
territory sought to be annexed;
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 percent (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:
61191 US 31 South
South Bend, Indiana 46614
5) That the name and address of the property owners of the petition site are:
Greg A. and Paula D. Elliott
21979 Roosevelt Road
South Bend, IN 46614
6) That the name and address of the contingent purchaser, if applicable, is:
N/A
7) The parcel is .83 acres in size and currently has the following use on it:
Residential
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
(Cont.)
8) Number of people currently residing on the property:
0
9) It is desired and requested that the petition site be rezoned
From: "R" Residential (County)
To: "LB" Local Business (City)
for the following uses: Professional officeslRetail offices
10) The following information has been submitted with the Petition:
a) 1. a legal description of the property, titled as Exhibit "A ";
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;
3. seventeen (17) site plans;
4. addressed, stamped envelopes for all property owners within 300
feet of the petition property.
11) ~ atur of all property owners, or Attorney for all property owners.
Signed: ~~~~~
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Address: ~ 1 ~ ~ ~ ~v .~~`''~ ~---~
Phone Number: ,~ 7 ~ ` ~ ~ 1' ~~~' ~
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Address: J ~ 7 9 ~O"[ ~~-t~-~-~u`~~=f
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Phone Number: ~ ~~-~ , -0~ .Za
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF. SOUTH BEND, INDIANA
(Cont.)
11) Name, Address & Phone Number of Contact Person/Preparer (Please print):
Greg A. and Paula D. Elliott
21979 Roosevelt Road
South Bend, IN 46614 (574) 299-0520
Fiisd n li C ark's Office
F ~ g - 1 2005
JOHN VOORDE
CITY CLE~~, 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
Executive Director
John W. Byorni
Assistant Director
Phone 574 235-9571 www.areaplan.org
January 25, 2005
Honorable Common Council
Of The City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Bill No. 94-04 - Petition to Rezone and Annex
Professional/Retail Offices - 61191 U.S. 31 South
Dear Council Members:
Fax 574 235-9813
The following changes have been made to the Petition and Ordinance for the above-referenced
rezoning and annexation petition:
Petition
1. The response to Petition Item #9 was changed to read: From: "R" Residential (County) To:
"LB" Local Business (City)
Ordinance
1. In Section III, the zoning district is now referred to as "LB" Local Business District.
If you have any questions, please do not hesitate to call.
Sincerely,
C+~.m
Andrew M. Videkovich
Planner
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
• ~ ~ 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
February 16, 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 Greg A. and Paula D. Elliott to zone
from "R" Residential (County) to "LB" Local Business (City), property located at 61191
U.S. 31 South, City of South Bend - APC# 2296-04
Dear Council Members:
I hereby Certify that the above referenced ordinance of Greg A. and Paula D. Elliott was legally
advertised on Thursday, February 3, 2005 and that the Area Plan Commission at its public
hearing on Tuesday, February 15, 2005 took the following action:
Upon a motion by Dave McKee, being seconded by John DeLee and unanimously
carried, the proposed ordinance and site development plan of Greg A. and Paula D.
Elliott to zone from "R" Residential (County) to "LB" Local Business (City),
property located at 61191 U.S. 31 South, City of South Bend is sent to the Common
Council with a favorable recommendation. Normally, the Commission does not
support commercial rezonings that are completely surrounded by single-family
residential zoning, however, expanding the commercial zoning along this stretch of
U.S. 31 South is consistent with the current and proposed development to the north
and south of this site. This section of U.S. 31 South is a transitional area between the
urban and rural parts of the County. The south side of South Bend is gaining more
interest as a commercial and residential growth area. This rezoning will support the
new commercial and residential growth in this part of the City.
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 ly,
~~
obert W. Sante
RWS:sr
Attachment
Filed In Clerk's Office
FED 1 6 ~~~
JD~{N VDORDE
CITY CLERK, S0. BEND, IN.
Greg A. and Paula D. Elliott
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Report
APC # 2296-04
Owner: Greg A. and Paula D. Elliott
Location: 61191 U.S. 31 South
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from "R" Residential (County) to "LB" Local Business (City) to
allow professional office or retail uses.
Land Uses and Zoning:
On site: On site is single-family home.
North: To the north are single-family homes in the County zoned "R" Residential.
East: To the east are single-family homes in the City zoned "SF1" Single-family and a
cemetery in the County zoned "R" Residential.
South: To the south are single-family homes in the County zoned "R" Residential.
West: To the west is asingle-family home in the County zoned "R" Residential.
District uses and development standards:
The "LB" Local Business District is established to provide for small business groupings located outside of
the village style mixed use concept and which provide for the full range of convenience uses necessary to
meet the daily needs of nearby residential neighborhoods. Permitted uses within the "LB" Districts are
regulated in character to assure harmonious development with the nearby residential districts and are
limited in size and scale to promote pedestrian access.
Site plan description:
The site plan shows the conversion of the single-family home into a professional office or retail use. The
entire site is approximately .83 acres. A variance is required for the existing shed in the rear setback.
There is existing vegetation on the site that can be used as an alternative to the required landscaping.
Zoning and land use history & trends:
This site was petitioned for a rezoning in 2002 to "C" Commercial for a restaurant. It received a favorable
recommendation from the Plan Commission subject to annexation, but was withdrawn prior to the County
Council hearing. There are some commercial uses to the north at Kern Road. There is also a large tract of
vacant land to the south of this site in the city zoned "CB" Community Business.
Traffic and transportation considerations:
This point of U.S. 31 South is a transition area between the more commercial character to the north and the
rural residential character to the south. U.S. 31 is a four lane road with no dedicated turn lanes or
accel/decel/ lanes.
Utilities:
This site will be serviced by municipal water and sewer from South Bend.
Additional information: (Agency comments)
If there are any improvements or pavement, the drainage plan will have to meet the latest City of South
Bend standards.
According to the Historic Preservation Commission, the structure on the site is a historic structure.
Greg A. and Paula D. Elliott
#2296-04
Page 1 of 3
~ Criteria (per IC 36-7-d-603):
1. Comprehensive Plan:
Policy Plan:
There are no conflicts with the Comprehensive Plan. The plan encourages the separation of
employment uses from residential uses, and locations along major roads in the City. The plan also
encourages future development to occur within the existing service areas.
Land Use Plan:
The Land Use Plan designates this area as a reserve commercial growth area.
2. Current conditions and character:
U.S. 31 South is a major thoroughfare, with heavy amounts of traffic. This location is near commercial
zoning and uses to the north in the City as well as a vacant area of commercial zoned land to the south.
This area is a transitional urban area, with the highly urbanized locations to the north and the more rural
areas to the south.
3. Most desirable use: '
The most desirable use of this property is for single-family uses. However, if it is developed in line with
the Comprehensive Plan and annexed into the City, this site is also desirable for uses in the "LB" Local
Business District.
4. Conservation of property values:
This rezoning may have a positive impact on the surrounding property values, as future commercial growth
in the area may become more likely.
5. Responsible development and growth:
It is responsible to encourage commercial growth to annex into the City when it is possible. This will
ensure that growth will occur in a responsible, orderly fashion without having a great fiscal impact on the
City or County. This site is also along a major highway with commercial zoning to the north and south.
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:
Normally, the staff does not support commercial rezonings that are completely surrounded by single-family
residential zoning, however, expanding the commercial zoning along this stretch of U.S. 3I South is
consistent with the current and proposed development to the north and south of this site. This section of
U.S. 31 South is a transitional area between the urban and rural parts of the County. The south side of
South Bend is gaining more interest as a commercial and residential growth area. This rezoning will
support the new commercial and residential growth in this part of the City.
Greg A. and Paula D. Elliott
#2296-04
Page 2 of 3
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PETITION AREA~ n~ I"
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REZONING FROM: "R" RESIDENTIAL (COUNTY)
TO: "LB" LOCAL BUSINESS (CITY)
SOUTH BEND EXISTING ZONING
"CB" COMMUNITY BUSINESS O
"SF1" SINGLE FAMILY ~ 7
APC # 2296-04
ST. JOSEPH COUNTY EXISTING ZONING
O 100 200 300 600
"R" RESIDENTIAL D
"B" BUSINESS [~ Graphic Scale
"C" COMMERCIAL O
PETITION AREA
ELLIOTT, LLC
61191 U.S. 31 SOUTH
SOUTH BEND, INDIANA
LAND USE CALCULATIONS
CROSS SITE ^ t6.89 ACRES
PARCEL 'A' ^ t0.83 ACRES (PROPOSED OFFICE/RETAIL SALES)
PARCEL 'B' ^ t6.06 ACRES (FUTURE DEVELOPMENT)
PARCEL 'A' PROPOSED OFFlCE/RETAIL SALES
LOT SIZE 0.83 ACRES
BUILDINGS 4,196 SF ^ 11.6%
PARKNC/DRVES: 5,320 SF ^ 14%
OPEN SPACES 26,639 SF ^ 67%
NEW MUNICIPAL WATER ADN SEWER HOOK-UPS
BUILDINGS
E7u5nNC Hg15E
I lel FLOOR 1,191 SF
2nd FLOOR 1,133 SF
I TOTAL 2,324 SF ^ 55%
I E>aSTING COACH HWSE
F100R AREA .1,072 SF ^ 25%
~ PARKNC CaCUUnONs
1 SPACE o 20o SF ovER 1s1 1000 SF
i SPACE 0 200 SF ^ 12 SPACES
2 EMPLOYEES ^ 2 SPACES
TOTAL PARKING REQUIRED ^ 11 SPACES
I TOTAL PARKING PROVIDED ^ 15 SPACES
1 PARKING 9X20, TYPICAL
ALL PARKING AND DRIVES ARE HARD
wRFACE PAVEMENT
728.17
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~ PARCEL 'B' -FUTURE DEVELOPMENT
I LOT SIZE: 8.06 ACRES
MAXIMUM LOT COVERAGE • 25%
NEW MUNIdPAL WATER AND SEWER H001C-UPS -ARE COMPLETE
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61191 U.S. 31 SOUTH
SOUTH BEND, INDIANA
LAND USE CALCULATIONS
caoss siE = ts.e9 AcREs
PARCEL 'A' = 10.83 ACRES (PROPOSED OFFlCE/12ETAA. SALES)
PARCEL '8' = 16.08 ACRES (FUTURE DEVELOPMENT)
PARCEL 'A' PROPOSED OFFICE/RETAIL SALES
l0T SIZE 0.83 ACRES
BULDINGS 4,198 SF ^ 11.8%
PARKWC/DRVES: 5,320 SF = U%
OPEN SPACES 28,639 SF ^ 67%
NEW MUNIgPAL WATER AON $EMER HOOK-UPS 728.17
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2nd FLOOR 1,133 SF
I TOTAL 2,324 SF . 55%
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2 EMPLOYEES ^ 2 SPACES M0~
TOTAL PARKING REQUIRED ^ 14 SPACES
I TOTAL PARKING FRONDED ^ 15 SPACES
I PARKING 9X20, TYPICAL
ALL PARKING AND DRIVES ARE HARD
SURFACE PAVEMENT ~ tx ytP~ ~
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I LOT 9ZE: 8.06 ACRES
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