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Home My WebLink About9507-04 Rezoning - Northeast Intersection of Prarie Ave and Locust Road on the Southerly Side of PrarieORDINANCE No. s~o~a Passed by the Common Council of the Cary of South Bend, Indiana May 10, 20 04 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana May 10, 20 04 Ciry Clerk esident of Common Council City Clerk Approved and signed by me May 11, 20 04 ~ ~~ ~- ~. ORDINANCE NO. ` ~ ~ ~ ~ ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED APPROXIMATELY 195' NORTHEAST OF THE INTERSECTION OF PRAIRIE AVENUE AND LOCUST ROADS ON THE SOUTHERLY SIDE OF PRAIRIE AVENUE IN THE CITY OF SOUTH BEND, INDIANA. 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 hereby is 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: A PARCEL OF LAND BEING A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 89-35'-35" EAST (BEARING ASSUMED ALONG THE NORTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 633.99 FEET; THENCE SOUTH 00-24'-2S" EAST, A DISTANCE OF 40.00 FEET TO THE NORTHWEST CORNER OF LUAN'S REPEAT OF PEAK'S FIRST ADDITION AND BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 89-35'-35" EAST ALONG THE NORTH LINE OF LOT G OF SAID LUAN'S REPEAT OF PEAK'S FIRST ADDITION TO THE NORTHEAST CORNER OF LOT G, A DISTANCE OF 93.01 FEET; THENCE SOUTH 00-16'29' EAST, A DISTANCE OF 174.72 FEET; THENCE SOUTH 61-29'-27" WEST, A DISTANCE OF 432.77 FEET; THENCE SOUTH 47-33'-10" WEST, A DISTANCE OF 200.71 FEET; THENCE NORTH 00-00'- 48" WEST, A DISTANCE OF 280.01 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF PRAIRIE AVENUE; THENCE NORTH 61-29'-27" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 494.$9 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION CONTAINING 2.77 ACRES MORE OR LESS. be and the same is hereby established as C - Commercial, A Height and Area District and CB Community Business District.. 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 legal publication. 1st READING 3--~j-~7~ PUBLIC HEARING S-\O"Dy `~S S`~`~5~~~ 3rd READ;NG S~\p-O`~ 0..S Su~~as'~"`~ NOT APPROVED (( \ ~ PASSEDD ~ ,p 3 ~ ~`' u`~S~~l~^ 5 -~o-o~( a5 s ~~ LL~c,.c%h ~ " Member of the Common/Council Filed In Clerk's Office APR 7 ~~~ JOHN YOOADE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 18-04 A BILL AMENDING THE ZONI LOCATED APPROXIMATELY INTERSECTION OF PRAIRIE THE SOUTHERLY SIDE OF SOUTH BEND, INDIANA N AVENUE PRAIRIE G ORDINANCE FOR PROPERTY 195' NORTHEAST OF THE AND LOCUST ROADS ON AVENUE IN THE CITY OF 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 amended. Sean Coleman Chairman Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located: approximately 195 ft. Northeast of the intersection of Prairie Avenue and Olive Street (Locust Road) on the Southerly side of Prairie Avenue in the City of South Bend, Indiana. 2.) Name and address and phone no. of property owners} of the petition site: Woodhaven LLC Attn: Robert Stephens, Member 510 W. Jefferson Mishawaka, In. 46545 574-257-9408 3.) Name and address and phone no. of contingent purchaser(s), if applicable: N/A 4.) It is desired and requested that this property be rezoned from A-Residential, `A' Height and Area District and C-Commercial `A' Height and Area District to C-Commercial `A' Height and Area District and CB-Community Business District 5.) This rezoning is requested to allow the following use(s): construction of a self-serve Car Wash and a retail center 6.) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petitioned property; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petitioned 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 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 the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. n ~ o ~^ ~ ~ `~~ . (owner(s) signature) Petition Prepared By: Lang, Feeney & Associates, Inc. J. Bernard Feeney 715 South Michigan Street . South Bend, Indiana 46601 574-233-1841 F11ed In Clerk's Office ', R/;r«R ~ Pew 3.. Ea LJ.~:' JOHN VOORDE CITY CLERK, S0. BENDCITY CLERK, BEND, IN~~ Description: A parcel of land being a part of the West Half of the Northeast Quarter of Section 22, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Northwest corner of said Quarter Section; thence North 89-35'-35" East (bearing assumed) along the North line of said Quarter Section, a distance of 633.99 feet; thence South 00-24'-25" East, a distance of 40.00 feet to the Northwest corner of Luan's Replat of Peak's First Addition and being the point of beginning for this description; thence North 89-35'-35" East along the North line of Lot G of said Luan's Replat of Peak's First Addition to the Northeast Corner of Lot G, A distance of 93.01 feet; thence South 00-16'29" East, a distance of 174.72 feet; thence South 61-29'-27" West, a distance of 432.77 feet; thence South 47-33'- 10" West, a distance of 200.71 feet; thence North 00-00'-48" West, a distance of 280.01 feet to the south right-of--way line of Prairie Avenue; thence North 61-29'-27" East along said south right-of--way line a distance of 494.59 feet to the point of beginning of this description containing 2.77 acres more or less. Filed In Clerk'e Office JOHN VOORDE CITY CLERK S0. BEND, IN. 18-8I1I-4180- 18-8111-4182 18-8111-4184 Delores Alexander Jeffrey & Sheryl Baker Warren & Beverly Harris 2004 W Ewing St 2010 W Ewing Av 2302 Emerson Forest Pkwy South Bend IN 46613 South Bend IN 46613 South Bend IN 46614 18-8111-4186 18-4111-4188 18-8111-4190 Garner & Bambi Guess Andres Ortiz Kenny Palmer 2301 Emerson Forest Pkwy 2108 W Ewing 2112 W Ewing Av South Bend IN 46614 South Bend IN 46613 South Bend IN 46613 18-8154-5545.05 18-8154-5545.06 18-8154-5545.16 Kenneth Ginter Woodhaven, LLC Stephen Balogh 2304 Emerson Forest Pkwy 510 W Jefferson Blvd 2604 Emerson Forest Pkwy South Bend IN 46614 Mishawaka IN 46545 South Bend IN 46614 18-8154-5545.19 18-8154-5545.20 18-8154-5545.21 Steven & Deborah Lott Allen & Angel Kildow Anthony & Matiline Dockery 2622 Emerson Forest Pkwy 2623 Emerson Forest Pkwy 2619 Emerson Forest Pkwy South Bend IN 46614 South Bend IN 46614 South Bend IN 46614 18-8154-5545.22 18-8154-5545.28 18-8154-5545.29 Michael & Debra Watts Glen & Kathie Mummey Jesus & Soladad Garcia 2607 Emerson Forest Pkwy 2437 Emerson Forest 2433 Emerson Forest South Bend IN 46614 South Bend IN 46614 South Bend IN 46614 18-8154-5545.30 18-8154-5545.31 18-8154-5545.33 Brian Jennings Bettie Lim Niyoka Cook 2429 Emerson Forest Pkwy 2317 Emerson Forest Pkwy 2313 Emerson Forest South Bend IN 46614 South Bend IN 46614 South Bend IN 46614 18-8154-5545.35 18-8154-5534.06 18-8154-5534.07 Keith & Debra McCully Christina Trujillo Gerard & Susan Boocher 2305 Emerson Forest 2518 Locust Rd 2502 Locust Rd South Bend IN 46614 South Bend IN 46614 South Bend IN 46614 18-8154-5534.08 18-8154-5534.01 18-8153-5517 Michael & Barbara Wirt B & R Oil Co., Inc. Steve & Emma Leopold & Eugene Hancz 2424 Locust Rd 227 W Cleveland 25595 Kern Rd South Bend IN 46614 Granger In 46530 South Bend IN 46614 18-8153-5520,5518 18-8153-5519 18-8109-5460 Tibor & Margareth Folding Clement & Frances Wroblewski George Badman 2250 Gertrude St 1715 Kemble Ave 2413 Prairie Ave South Bend IN 46613 South Bend IN 46613 South Bend IN 46614 18-8109-5461, 5421, 5420, 4121, 18-8075-28b9 18-8075-2875.01 18-8075-2870, 2871, 2873, 2872.01, 2874 James Brown Gregory & Deborah Cotter City of South Bend 2322 S Olive St 2335-2337 Prairie Ave 1400 County-City Building Rn~rth. RPnsl 1N 4E,C,14 South Bend IN 46614 South Bend IN 46601 18-8099-3781,..3782,3783 18-8099-3785,3786 Randall Jones Felipe Bastida 2304 Highland 2225 W Ewing St South Bend IN 46613 South Bend IN 46619 18-8099-3790, 3791 18-8099-3774 Calvert Rod & Gun Club Scott & Debra Cramer 2203 W Ewing PO Box 980 South Bend IN 46613 East Lansing MI 48826 18-8099-3778, 3779, 3780 18-8092-3532 Steven Flaim Michael Spillman 2221 Carlisle St 2109 Prairie Ave South Bend IN 46613 South Bend IN 46613 18-8092-3534 18-8092-3544 Sylvester & Christine Gerschoffer Believers Church of God 2101 Prairie Ave 21605 Carriage Dr South Bend IN 46613 South Bend IN 46619 18-8099-3787, 3788, 3789 Dean & Kathryn Kaser 60755 Greenridge Ct South Bend IN 46614 18-8099-3776,3777 Rodney & Judy Hagedorn 2220 Highland Ave South Bend IN 46613 18-8092-3533 James Ford 2105 Prairie Ave South Bend IN 46613 18-8075-2858 Stephen & Mary Bernath 2102 Prairie Ave South Bend IN 46613 Filed In Clerk's Office JOHN VOORDE CITY 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 Fax 574 235-9813 April 21, 2004 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 Woodhaven LLC to zone from "A" Residential and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area and "CB" Community Business District, property located on the south side of Prairie Avenue, approximately 195 feet northeast of Olive Street, City of South Bend - APC# 2257-04 Dear Council Members: I hereby Certify that the above referenced ordinance of Woodhaven LLC was legally advertised on Thursday, Apri18, 2004 and that the Area Plan Commission at its public hearing on Tuesday, Apri120, 2004, and the Commission took the following action: Upon a motion by John DeLee, being seconded by Roland Kelly and unanimously carried, the proposed ordinance and site development plan of Woodhaven LLC to zone from "A" Residential and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area and "CB" Community Business District, property located on the south side of Prairie Avenue, approximately l95 feet northeast of Olive Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. This site is adjacent to current commercial uses and is along a major city street. Although this site is also adjacent to residential land, developing to the standards of the new ordinance will greatly increase the amount of screening and buffering between this commercial development and any current or future residential development. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a zoning district different than that used for the Common Council's first reading. The amended Ordinance legally advertised and 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 toto vTua_ralate~-• date to be made a part of this report. '~ d In Clerk's Off1c® Si rel obe W. San e RWS:sr Attachment CC: Woodhaven LLC -Lang, Feeney & Associates, Inc. Fi e APR 2 1 2004 JOHN VOORDE C1SY CLERK, S0. BEND, tN._,_ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT Woodhaven LLC 2257-04 Location: on the south side of Prairie Avenue, approximately 195 feet northeast of Olive Street City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A"Residential, "A" Height and Area and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area and "CB" Community Business to allow self-serve car wash and a small retail center. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes and a private club zoned "A" Residential, "A" Height and Area and a fire station zoned "C" Commercial, "A" Height and Area. To the south are single-family homes and vacant land zoned "A" Residential, "A" Height and Area. To the east are single-family homes zoned "A" Residential, "A" Height and Area. To the west is a fuel mart zoned "C" Commercial, "F" Height and Area and a commercial use zoned "C" Commercial, "E" Height and Area. ACCESS: Access to the site is from Prairie Ave. WATER SOURCE/ SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 2.76 acres. Of that, the buildings will occupy 15,900 square feet, or 13.4 percent of the site. Parking and drives wilt occupy 1.7~ acres, or 63.2 percent of the site. Open space will occupy .65 acres, or 23.4 percent of the site. ENVIRONMENTAL A check of the Agency's maps indicates that no public wells, wetlands, DATA: flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. STAFF RECOMMENDATIONS: Based on information available prior to the public hearing, the staff ecommends that this petition be sent to the Common Council with a r favorable recommendation, subject to a final site plan. This site is adjacent to current commercial uses and is along major city street. Although this site is also adjacent to residential land, developing to the standards of the new ordinance will greatly increase the amount of screening and buffering between this commercial development and any current or future residential development. IN ~-1 ff N~'' ~s G sr. ~~ C-e -ei ®- AVE. AVE. z E1MNC C ~ ~ ~i~~~ 1/~~ 1 V SL ~~ YI q~ U N N aa. PETITI A~Fa REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA, & "C" COMMERCIAL, "A" HEIGHT & AREA, TO:~~'C'OMMUNEITY BU~IN,ESS D STR CTS CB C SOUTH BEND EXISTING ZONING ~ f A RESIDENTIAL C~ I V "B" RESIDENTIAL C~ "C" COMMERCIAL "D" LIGHT INDUSTRIAL ~~ APC # 2257-04 0 200 400 800 Graphic Scate PETITION AREA