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Home My WebLink About9456-03 Rezoning - 4005 Portage RoadORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana October 13, Attest: Attest: Presented by me to the Mayor of the City of Sorrtlt Bend, Indiana October 14, 20 03 20 03 City Clerk President of Common Council Ciry Clerk Approved and signed by me October 15 20 03 ~~ Mayor ORDINANCE NO. l I ~ V ~ ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4005 PORTAGE ROAD, SOUTH BEND,INDIANA, 46628 BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE N0. 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: PARCEL I. ("C" COMMERCIAL, "A" HEIGHT & AREA): THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST & WEST QUARTER LINE OF SAID SECTION 22, WHICH IS N. 89° -57'-O1" E., 509.32 FEET MORE OR LESS FROM THE SOUTHWEST CORNER THE NORTHWEST QUARTER OF SAID SECTION; THENCE N. 00° -00'-00" E., 181.72 FEET MORE OR LESS; THENCE N. 90° -00'-00" E., 330.90 FEET MORE OR LESS; THENCE N. 58° -51'-13" E., 45.00 FEET MORE OR LESS TO THE WESTERLY LINE OF PORTAGE ROAD; THENCE S. 21° -03'-14" E. ALONG SAID WESTERLY LINE, 218.76 FEET MORE OR LESS TO THE EAST & WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 89° -57'-O1" W. ALONG SAID QUARTER LINE, 448.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.73 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. ("O" OFFICE): THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF PORTAGE ROAD WITH THE SOUTH LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOK # 15 ON PAGE "P-5" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 21° -03'-14" E. ALONG SAID WESTERLY LINE, 94.00 FEET MORE OR LESS; THENCE S. 58° -51'-13" W., 45.00 FEET MORE OR LESS; S. 90° -00'-00" W., 198.00 FEET MORE OR LESS; THENCE N. 00° -00'-00" E., 111.00 FEET MORE OR LESS TO THE SOUTH LINE OF SAID PLAT OF "PORTAGE FARMS"; THENCE N. 90° -00'-00" E. (ASSUMED BEARING) ALONG SAID SOUTH LINE, 202.74 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.56 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL III. ("B" RESIDENTIAL, "A" HEIGHT & AREA}; THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE N. 00° -00'-00" E. ALONG THE WEST LINE OF SAID QUARTER SECTION, 292.71 FEET MORE OR LESS TO THE SOUTH LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOK # 15 ON PAGE "P-5" IN THE RECORDS OF THE ST. 2 JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 90° -00'-00" E. (ASSUMED BEARING) ALONG SAID SOUTH LINE, 642.22 FEET MORE OR LESS; THENCE S. 00° -00'-00" W., 111.00 FEET MORE OR LESS; THENCE S. 90° -00'-00" W., 132.90 FEET MORE OR LESS; THENCE S. 00° -00'-00" W., 181.27 FEET MORE OR LESS TO THE EAST & WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 89° -57'-O1" W. ALONG SAID QUARTER LINE, 509.32 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.76 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 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. MEMBER OF THE COMM COUNCIL 1st READING O'~ , PUBLIC HEARING (~-l3'03 3rd READING ~ 0-13' G~ NOT APPROVED REFERRED ~ iP - ~'~~-~3 PASSED ~ O _' '3 ~i1ed to Clergy's ®ffi~e AUG Z ~ 2003 lOR@TfA J. pl)DA CRY CL6RS~, 80. B~EtD~ its. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 61-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4005 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. Karl King Chairman LEGAL DESCRIPTIONS PARCEL I. ("C" COMMERCIAL, "A" HEIGHT & AREA): THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST & WEST QUARTER LINE OF SAID SECTION 22, WHICH IS N. 89° -57' -O1" E. , 509.32 FEET MORE OR LESS FROM THE SOUTHWEST CORNER THE NORTHWEST QUARTER OF SAID SECTION; THENCE N. 00° -00'-00" E., 181.72 FEET MORE OR LESS; THENCE N. 90° -00'-00" E., 330.90 FEET MORE OR LESS; THENCE N. 58° - 51'-13" E., 45.00 FEET MORE OR LESS TO THE WESTERLY LINE OF PORTAGE ROAD; THENCE S. 21° -03'-14" E. ALONG SAID WESTERLY LINE, 218.76 FEET MORE OR LESS TO THE EAST & WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 89° -57'-O1" W. ALONG SAID QUARTER LINE, 448.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.73 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. ("O" OFFICE): THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF PORTAGE ROAD WITH THE SOUTH LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOK # 15 ON PAGE "P-5" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE S. 21° -03'-14" E. ALONG SAID WESTERLY LINE, 94.00 FEET MORE OR LESS; THENCE S. 58° -51'-13" W., 45.00 FEET MORE OR LESS; S. 90° -00'-00" W., 198.00 FEET MORE OR LESS; THENCE N. 00° -00' -00" E . , 111.00 FEET MORE OR LESS TO THE SOUTH LINE OF SAID PLAT OF "PORTAGE FARMS" ; THENCE N. 90° -00' -00" E . (ASSUMED BEARING) ALONG SAID SOUTH LINE, 202.74 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.56 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL III. ("B" RESIDENTIAL, "A" HEIGHT & AREA): THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER THE NORTHWEST QUARTER OF SAID SECTION 22; THENCE N. 00° -00'-00" E. ALONG THE WEST LINE OF SAID QUARTER SECTION, 292.71 FEET MORE OR LESS TO THE SOUTH LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOK # 15 ON PAGE "P-5" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 90° -00'-00" E. (ASSUMED BEARING) ALONG SAID SOUTH LINE, 642.22 FEET MORE OR LESS; THENCE S. 00° -00'-00" W., 111.00 FEET MORE OR LESS; THENCE S. 90° -00' -00" W. , 132.90 FEET MORE OR LESS; THENCE S. 00° -00' - 00" W., 181.27 FEET MORE OR LESS TO THE EAST & WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 89° -57'-Ol" W. ALONG SAID QUARTER LINE, 509.32 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.76 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RE Flied In Cl~r~'s ~~~ic~ AUG 2 ~ Z003 LOR'dTTA J. DUD.9 CD7Y CLER)f, ~. BCFSU, IM. DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO 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: 4005 PORTAGE ROAD SOUTH BEND, INDIANA 46628 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SALAH & CYNTHIA HILAL 4005 PORTAGE ROAD SOUTH BEND, INDIANA 46628 PHONE NUMBER (574) 315-8608. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA TO: "C" COMMERCIAL DISTRICT, "A" HEIGHT & AREA (PARCEL I); TO: "O" OFFICE DISTRICT (PARCEL II); TO: "B" RESIDENTIAL DISTRICT, "A" HEIGHT & AREA (PARCEL III); 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). SMALL RETAIL USES AND A RESTURANT, OFFICES AND MULTI-FAMILY. 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 PETITION PROPERTY; (C) SIX (6) 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 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. SIGNED, SALAH HILAL CYNTHIA HILAL PETITIONED PREPARED BY AND CONTACT PERSON: DANCH, HARNER & ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628, PHONE NUMBER (574)-234-4003 ~~~~~ In ~1®r~'S t~~ftce AUG Q 5 2~0~ ~~!.~~~'1'fA J. OLJDI~ Vte r v~r~'~)~v~+-lf d2A3 Property Owners Within 300 Feet Frank J. Prusinski 52500 Portage South Bend, 1N. 46628 Tax Key # 04 1051 1293 Benjamin F. & Elvira Burns 52444 Portage Rd. South Bend, 1N. 46628 Tax Key # 04 1051 1292 Mary Jane Hammer 52400 Portage South Bend, IN. 46628 Tax Key # 04 1051 1291 Virgil J. & Barbara E. Cavinder 52358 Portage South Bend, IN. 46628 Tax Key #041051 1290 Douglas A. Kazmierczak 52415 Portage Rd. South Bend, 1N. 46628 Tax Key #041046 0973 Rick E. Newman 4404 E. William Richardson Ct. South Bend, 1N. 46628 Tax Key # 25 1013 0216 Teachers Credit Union P.O. Box 1395 South Bend, lN. 46628 Tax Key # 25 1014 024001 Jo Arm Nucci 52520 Portage South Bend, IN. 46628 Tax Key # 04 1014 0242 Douglas A. Kazmierczak 52415 Portage Rd South Bend, IN. 46628 Tax Key # 04 1046 0975 Charles W. & Marilyn J. Pletcher 52385 Postage Rd. South Bend, 1N. 46628 Tax Key #041046 0977 Rick E. Newman 4404 William Richardson Ct. South Bend, 1N. 46628 Tax Key # 25 1013 021607 Edward Rose of Indiana P.O. Box 3015 Kalamazoo, MI. 49003 Tax Key # 25 1014 024303 Phyllis Jean Reed 52423 Portage South Bend, IN. 46628 Tax Key # 04 1046 ()969 Girl Scouts of Singing Sands Council P.O. Box 4606 South Bend, 1N. 46628 Tax Key # 25 1013 022002 Kane Properties LI,C 3545 N. Bendix Drive South Bend, IN. 46628 Tax Key # 25 1014 024004 Salah M.& Cynthia A. FIilal 52447 Portage Rd. South Bend, IN. 46628 Tax Key #041014 0221 Felted In ~Oer~°~ ®~f$~~ RUC 0 5 2000 L13ll8TlA J. tltTOA crrv at.r~. ~. tom, ~~ 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 September 17, 2003 The Honorable Council of the City of South Bend 4th Floor, Country-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of Salah & Cynthia Hilal to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area (Parcel I); "O" Office (Parcel II), and "B" Residential, "A" Height and Area (Parcel III), property located at 4005 Portage Road, City of South Bend - APC# 2220-03 Dear Council Members: The above referenced ordinance of Salah & Cynthia Hilal was legally advertised on Thursday, September 4, 2003. The Area Plan Commission at its public hearing on Tuesday, September 16, 2003, took the following action: Upon a motion by John McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance and site development plan of Salah & Cynthia Hilal to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area (Parcel I); "O" Office (Parcel II), and "B" Residential, "A" Height and Area (Parcel III), property located at 4005 Portage Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan and subject to cross-assess easements to the south in anticipation of future development. The St. Joseph County/City of South Bend Comprehensive Plan states that satellite commercial areas should be located on major thoroughfares, and this rezoning meets this criteria. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was 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 to you at a later date to be made a part of this report. Sincerely, obert W. San e RWS:sr Attachment CC: Salah & Cynthia Hilal Danch, Harner & Associates ~~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT Salah & Cynthia Hilal 2220-03 Location: 4005 Portage Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "a" Height and Area to "C" Commercial, "a" Height and Area (Pazcel I); "O" Office (Parcel II), and "B" Residential, "a" Height and Area (Parcel III) to allow offices, multi-family, small retail uses, and a restaurant. EXISTING LAND USE: The property contains asingle-family home. SURROUNDING LAND USE AND ZONING: Located to the north and east are single-family homes in the county zoned "R" Residential. To the south is asingle-family home in the county zoned "R" Residential, and commercial uses in the City of South Bend zoned "C" Commercial, "a" Height and Area. To the west are industrial uses in the city zoned "D" Light Industrial, "f' Height and Area. ACCESS: Access to the site from Portage Road. 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 6.05 acres. Of that, the buildings will occupy 1 acre, or 16 percent of the site. Pazking and drives will occupy 2.05 acres, or 34 percent of the site. Open space will occupy 3 acres, or 50 percent of the site. 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: The City Engineer made the following comments: a drainage plan is required at the final site development plan stage. The approach, accel/decel lane design, and pavement restoration should be shown on the final site plan. STAFF RECOIvIIvIENDATIONS: 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 subject to a final site development plan and subject to cross-access easements to the south in anticipation of future development. The St. Joseph County/City of South Bend Comprehensive Plan states that satellite commercial areas should be located on major thoroughfares, and this rezoning meets this criteria. r~ ~ 2 slat rrar v sou r~rtr ~ PETITION REA n slat rwar sou rwar swu roar sou r~rar Q N,OAROEN RD. Ll ll ~ ~r INDUSTRIAL ~~ 0 O ,~ a a ~ COMMERCIAL 0 mo COMMERCIAL 0° Q 1AULTI-FAYIL REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA, TO: "C" COMMERCIAL "A" HEIGHT 8~ AREA TO: "B" RESIDENTIAL, ;'A" HEIGHT & AREA TO: "O" OFFICE SOUTH BEND EXISTING ZONING "A" RESIDENTIAL O "B" RESIDENTIAL D "C" COMMERCIAL D "D" LIGHT INDUSTRIAL D 4 APC # 2220-03 ST. JOSEPH COUNTY EXISTING ZONING o goo Zoo soo soo "R" RESIDENTIAL O Graphic Scale CORPORATE BOUNDARY--- PETITION AREA