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Home My WebLink About8483-94 Amending Zoning Ordinance 3400 Block of North Bendix Dr • • ORDINANCE No. 8483-94 Passed by the Common Council of the City of South Bend, Indiana_ April 11, 94 19 i ``"�"" 4 City y Clerk IRENE K. GAMMON Attest: �� ALiaffeL / President of Common Council r / Presented by me to the Mayor of the City of South Bend, Indiana April 12, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me /S 199/ 6 _ Mayor • • • AMENDED ORDINANCE NO. D S 3-Q 4/ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTH BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR SOBIESKI FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH BEND BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 4990-68, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME IS HEREBY 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 part of the Southwest Quarter of Section 22 and the Northwest Quarter of Section 27, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, which is more particularly described as: Beginning at the intersection of the Centerlines of Bendix Drive and New Cleveland Road; thence S. 67 46 ' 24" E. along the Centerline of New Cleveland Road, 544.00 ft. more of less, to the East Line of the West Half of said Southwest Quarter; thence S. 00 00 ' 00" W. along said East Line of the West Half of said Southwest Quarter and the East Line of the West Half of said Northwest Quarter, 162. 00 ft. more or less, to the North Right- Of-Way Line of the Indiana East-West Toll Road; thence along said Right-Of-Way Line on a 4433 . 66 ft. radius curve to the right an arc distance of 745. 33 ft. more or less, to the end of a chord which bears N. 78 03 ' 52" W. and having a distance of 744.46 ft. more or less, to the Centerline of Bendix Drive; thence along said Centerline around a 716.20 ft. radius curve to the left an arc distance of 181. 00 ft. more or less, to the end of a chord which bears N. 49 28 ' 00" E. and having a distance of 180.52 ft. more or less; thence continuing along said centerline N. 42 13 ' 36" E. , 130. 32 ft. more or less, to the point of beginning, containing 3 .2499 acres more or less, commonly known as the 3400 Block of North Bendix Drive, South Bend, IN 46628. BE AND THE SAME IS HEREBY ESTABLISHED AS "C"-COMMERCIAL, "A" HEIGHT AND AREA. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVAL BY THE MAYOR AND LEG PUBLICATIO . • • DATED FILED: AMENDED APPLICATION NO. DATED RECEIVED BY AREA PLAN COMMISSION: I (WE) THE UNDERSIGNED MAKE AN APPLICATION AND PETITION 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 at: That part of the Southwest Quarter of Section 22 and the Northwest Quarter of Section 27, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, which is more particularly described as: Beginning at the intersection of the Centerlines of Bendix Drive and New Cleveland Road; thence S. 67 46 ' 24" E. along the Centerline of New Cleveland Road, 544. 00 ft. more of less, to the East Line of the West Half of said Southwest Quarter; thence S. 00 00 ' 00" W. along said East Line of the West Half of said Southwest Quarter and the East Line of the West Half of said Northwest Quarter, 162.00 ft. more or less, to the North Right-Of-Way Line of the Indiana East-West Toll Road; thence along said Right-Of-Way Line on a 4433 . 66 ft. radius curve to the right an arc distance of 745. 33 ft. more or less, to the end of a chord which bears N. 78 03 ' 52" W. and having a distance of 744.46 ft. more or less, to the Centerline of Bendix Drive; thence along said Centerline around a 716.20 ft. radius curve to the left an arc distance of 181. 00 ft. more or less, to the end of a chord which bears N. 49 28 ' 00" E. and having a distance of 180.52 ft. more or less; thence continuing along said centerline N. 42 13 ' 36" E. , 130. 32 ft. more or less, to the point of beginning, containing 3 .2499 acres more or less, commonly known as the 3400 Block of North Bendix Drive, South Bend, IN 46628. 2. Name and address of property owner(s) of the petition site: Society Bank % Hal E. Cleavinger, Co-Trustee for William Kizer and Mary A. Kizer Estate 21677 Auten Road South Bend, IN 46628 Telephone: (219) 272-7525 Kathleen L. Holcomb, Co-Trustee for William Kizer and Mary A. Kizer Estate 21677 Auten Road South Bend, IN 46628 3. Name and address of contingent purchaser(s) , if applicable: Sobieski Federal Savings and Loan Association of South Bend 740 South Walnut Street South Bend, IN 46619 4. It is desired and requested that this property be rezoned: From "A"-Residential, "A" Height and Area To "C"-Commercial, "A" Height and Area • 6. Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; (c) five (5) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7. By signing this petition, I, and any contingent purchaser, understand that if the Council approves this Petition to Rezone it may be approved subject to the submission of a final site plan. A final site plan must be submitted to the Area Plan Commission within one (1) years of the Council 's action. 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 the initial zoning classification. Time extensions on he submission of the final site plan may be requested. Resp-'tfully u'►mitt=. , Ke re ipP. Fedder - (6795-71) Suite 00, First Bank Bldg. 205 W. Jefferson Blvd. South Bend, IN 46601 Telephone: (219) 234-6061 Attorney for Petitioner and Purchaser • EXHIBIT A LEGAL DESCRIPTION That part of the Southwest Quarter of Section 22 and the Northwest Quarter of Section 27, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, which is more particularly described as: Beginning at the intersection of the Centerlines of Bendix Drive and New Cleveland Road; thence S. 67 ° 46 ' 24" E. along the Centerline of New Cleveland Road, 544.00 ft. more of less, to the East Line of the West Half of said Southwest Quarter; thence S. 00° 00' 00" W. along said East Line of the West Half of said Southwest Quarter and the East Line of the West Half of said Northwest Quarter, 162. 00 ft. more or less, to the North Right-Of-Way Line of the Indiana East-West Toll Road; thence along said Right-Of-Way Line on a 4433. 66 ft. radius curve to the right an arc distance of 745.33 ft. more or less, to the end of a chord which bears N. 78° 03 ' 52" W. and having a distance of 744.46 ft. more or less, to the Centerline of Bendix Drive; thence along said Centerline around a 716.20 ft. radius curve to the left an arc distance of 181. 00 ft. more or less, to the end of a chord which bears N. 49° 28 ' 00" E. and having a distance of 180.52 ft. more or less; thence continuing along said centerline N. 42° 13 ' 36" E. , 130.32 ft. more or less, to the point of beginning, containing 3.2499 acres more or less, commonly known as the 3400 Block of North Bendix Drive, South Bend, IN 46628. EXHIBIT B LIST OF PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY G M S Realty, Inc. P. 0. Box 4056 South Bend, IN 46634 Calvary Baptist Church 21941 Cleveland Road South Bend, IN 46628 International Bakers Services, Inc. 1902 North Sheridan Avenue South Bend, IN 46628 Maple Lane Associates Phase VIII P. 0. Box 1331 South Bend, IN 46624 Portage Place Associates P. 0. Box 1331 South Bend, IN 46624 State of Indiana Indiana Department of Transportation % I.G.C. North, Room N755 100 North Senate Avenue Indianapolis, IN 46204 State of Indiana % Pamela Carter, Attorney General State House Indianapolis, IN 46204 • O umm###tg Rood coo the fhomnwn (gamut of Or Mitg of Ovidlh ileuh: Your Committee to whom was referred _ _ - of the Whole BILL NO. 13-94 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3400 BLOCK OF NORTH BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA 46628, FOR SOBIESKI FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH BEND. b Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended by substitution. Roland Kelly Chairman • AREAPEN . COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 March 16, 1994 j/LL /5- 9e The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Society Bank and Kathleen L. Holcomb, Co-Trustee for William Kizer and Mary A. Kizer Estate, to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located in the 3400 Block of North Bendix Drive, City of South Bend - APC #1583-94 Dear Council Members: The above referenced ordinance and site development plan of The Estate of William and Mary A. Kizer was legally advertised on March 3, 1994. The Area Plan Commission at its public hearing on March 15, 1994, took the following action: Upon a motion by John Leszczynski, being seconded by Charles Landesman and unanimously carried, the proposed ordinance and site development plan of Society Bank and Kathleen L. Holcomb, Co-Trustee for William Kizer and Mary A. Kizer Estate, to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located in the 3400 Block of North Bendix Drive, City of South Bend, as amended, is sent to the Common Council with a favorable recommendation, subject to a final site development plan. In the Commission's opinion, "C" Commercial zoning is not unreasonable for this site, located at the intersection of two arterial streets and along the Indiana Toll Road. PLEASE NOTE that the Ordinance has been amended by the petitioner to include a Height and Area designation different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally heard by the Area Plan Commission. 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely,i Richard S. Johnson RSJ:sr Attachment CC: The Estate of William and Mary A. Kizer CC: Sobieski Federal Savings and Loan Association CC: Kenneth Fedder -Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • STAFF REPORT March 7, 1994 The Estate of William and Mary A. Kizer 1583-94 Location: the 3400 Block of North Bendix Drive City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow the construction of a bank facility. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north across Cleveland Road is a church zoned "B" Residential and vacant land zoned "A" Residential; to the east is vacant property zoned "C" Commercial and the Indiana Toll Road; to the south across the Toll Road are apartments zoned "B" Residential; and to the west across Bendix Drive is a fire station zoned "D" Light Industrial. ACCESS: Access to the site is from Bendix Drive and Cleveland Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 2.3 acres. Of that, the buildings will occupy 10,280 square feet, or 10 percent of the site; the parking and drives will occupy 54,700 square feet, or 54 percent of the site; and 36,480 square feet or 36 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: • lik B ORO.NO 1111-11 ANNEX.0131-11 L- Ipj , - - -:'71%,vilV.474V.•,t,-,,,:,,, i: , it�;l�, ''1=-'4':-!--, • 1'3% i Yap f • j � s f% 7 —I ai 4 r .:0',=---,.• =•a a"1tAnr. _— %..)`•Gl ;[ �s� y; / * #, ra��a 'Iifilt. 5,1.. ;r � AS F t 0 �c� ,#fit Y`ro �aav =i ;linen hod ,1.3 • c `f< <", -, 1 egNO 3- f 4".1-7- 4,s'0 ROno :wi::•,s-e3 a x; F 1 FIRE TATION . \ ` t;S 6 x : e11, o.V1p11 " +�` ,Y ANNEY,161141 etitlon Area �,� }.�� } � /� •tea \ F," .. INDIAN i f { WEsiV ss 1"5- `G*: ,` a A • !! ' rf 121 f -Si TITAN. ON I d O b n 1 1 u Donor r1 V 1�Oil� 1. 1 000 11] I r u MUUI FAMNY 0 0th ... n Ir o AIULpFAMRY U QrG.Q 0 X0000 U �r'—''--7 se GE N'A4 s: Ku I IA MULTIE EMILY a 711 EA 4..." 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