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HomeMy WebLinkAboutZoning - Property located immediately West of Portage Ave & directly South of Cleveland Rd ORDINANCE No. 8174-91 Passed by the Common Council of the City of South Bend, Indiana. March 11, 91 r9 Attest: City Clerk IRENE K. GAMMON Attest: !� / ✓���� President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— March 12, 91 IQ City Clerk IRENE K. GAMMON Approved and signed by me t5 ig 1 4110rA-,€`- Mayor • ORDINANCE NO. 87-174-9 / AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY WEST OF PORTAGE AVE. AND DIRECTLY SOUTH OF CLEVELAND RD. AND THE INDIANA TOLL ROAD IN THE CITY OF SOUTH BEND, IN. 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: Parcel II. (Commercial Uses) That part of the Northwest Quarter of Section 27, Township 38 North, Range 2 East, German Township, City of South Bend, Indiana which is described as: Beginning at the Northeast Corner of Section Eight (8) of "Portage Place Apartments" as recorded by Document Number # 8513274 in the Office of the Recorder of Std Joseph County, Indiana; thence S. 8%°-56'-04" W. , 80.00 ft. (Record, N. 89 -58'-30" W. , 80.00 ft.); thence S. 087;50'-37" W. , 117.54 ft. (Record, S. 09°-11'-21" W., 117.54 ft.); thence S. 09°-13'-01" E. , 120.01 ft. (Record, S. %9°-12'44" E. , 120.00 ft.); thence N. 9°-56'-04" E. , 67.29 ft.; thence S. 0% -01'-30" W. , 254.63 ft.; thence . S. 89"-581-30u E. , 219.00 ft.; thence N. 66"-43'-45" E. , 20.00 ft.; thence aloha the West Right-of-Way Line of Portage Road for the next three courses N. ?°3°-06'-43" W. , 278.72 ft. (Record, N. 23'46'45" W., 278.96 ft.); thence N. 27 -18'-37" W., 14.91 ft. (Record, N. 27°-13'-29" W. , 14.91 ft.); thence N. 27°-13'- 29" W., 238.00 ft. to the Point of Beginning. Containing 1.892 acres. be and the same is hereby established as C - Commercial , C - Height and area. SECTION II . 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: Parcel I. (Mini-Warehousing) That part of the Northwest Quarter of Section 27, Township 38 North, Range 2 East, German Township, City of South Bend, Indiana which is described as: Beginning at the Southwest Corner of Section Nine (9) of "Portage Place Apartments" as recorded by Document Number # 8513274 in the Office of the Recorder of St. Joseph County, Indiana; thence N. 00 -O1'-30" E. , 601.86 ft. (Record, 602.33 ft.); therbce along the South Right-of-Way Line of the Indiana East-West Toll Road N. 89"-48'-41" E. 158.01 ft. (Record, S. 89°-54'-30" Ea, 157.96 ft.); thence along the West Right-of-Way Line of Portage Avenue S. 27 - 18'-37" E. , 127.31 ft. (Record, S. g7"-13'-29" E., 127.31 ft.); thence S 89"- 56'-04" W. , 80.00 ft. (Record, N. $9 -58'-30" W. , 80.00 ft.); thence S. 08:-50'- 37" W., 117.64 ft. (Record, S. 09 -i1'-21" W. , 117.54 ft.); thence S. 09:43'- 01" E. , 120.01 ft. (Record, S. g9°-12'-14" E. , 120.00 ft.); thence H.„89"-56'- 04" E. , 67.29 ft.; thence S. 00 -01'-30" W. , 254.63 ft. ; thence N. 89 -58'-30" W. , 205.00 ft. to the Point of Beginning. Containing 2.372 acres. • t • be and the same is hereby established as D Light Industrial D - Height and area. Said rezoning shall be further conditioned upon the recording of a written covenant restricting the light industrial zoning use to mini-warehouses only, with the same being duly recorded in the St. Joseph County Recorder's Office at the petitioner's expense. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor, and legal publication. /AV Ai'I Member the Common Council Date Filed Application Date received by Area Plan Commission We the undersigned make application and petition the Common Council of South Bend, Indiana to amend the zoning ordinance as herein requested. `- 1) The property sought to be rezoned is located on Portage Rd. south of Cleveland Rd. and the Indiana Toll Road. The subject property is west of Portage Rd. and surrounds 3303 Portage Rd. . 2) Name and address of property owner of the petition site: Holladay Corporation 220 W. Colfax Rd. , Suite 200 South Bend, IN 46601 3) Name and address of contingent purchasers B & R Oil Co. Inc. 6910N. Gumwood Rd. , Box 54 Granger, IN 46530 4) It is desired and requested that this property be rezoned from C - t-ommercial C Height & Area C C .merial C to D - Lig r Tndiisrrial . F Height 4 Area 5) This zoning is requested to allow the following uses: a) Convenience Store with an attached Car Wash & self service gasoline on the .884 acres that front Portage Rd. . b) Mini. Storage buildings for rent by the general public on the remaining 2.231 acres.: 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 the contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to final site plan. A final site plan must be submitted to the Area Plan Commission within one (1) year .of the Council's action. Failure to submit a final site plan within that time period causes the zoning of the petitioned property to revert to the initial zoning classification. Time extensions on the submittal of the final site plan•may be requested. . Cry�r John Phair Mar Dobson Petitioner. Contingent Petitioner PETITION PREPARED BY: Mark Dobson c/o B & R Oil Co. Inc. AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 February 20, 1991 The Honorable Common Council ) City of South Bend 0 County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Holladay Corporation to zone from "C" Commercial , "C" Height and Area to "C" Commercial , "C" Height and Area; and "D" Light Industrial , "F" Height and Area, property located at 3303 Portage Road, City of South Bend - APC #1396-91 • Dear Council Members: The above referenced ordinance and site development plan of Holladay Corporation was legally advertised February 7, 1991 and February 9, 1991 . The Area Plan Commission at its public hearing on February 19, 1991 , took the following action: Upon a motion by Harold Means, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Holladay Corporation to zone from "C" Commercial, "C" Height and Area to "C" Commercial, "C" Height and Area; and "D" Light Industrial , "F" Height and Area, property Located at 3303 Portage Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan and a written covenant restricting the light industrial zoning use to mini-warehouses only. • 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 the 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 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, Richard S. Johnson RSJ:sr Attachment CC: Holladay Corporation CC: B & R Oil Co. Inc. CC Mark Dobson Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN •` ./• , STAFF REPORT February. 11; 1991 Holladay Corporation 1396-91 Location: 3303 Portage Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial , "C" Height and Area to "C" Commercial , "C" H & A; and "D" Light Industrial , "F" H & A to allow convenience store with gas pumps and carwash , a service station with carwash and mini-warehouses. EXISTING LAND USE: The property contains a convenience store with gas pumps and carwashes. SURROUNDING LAND USE AND ZONING: Located to the north is the toll road and Cleveland Road; to the east across Portage Road is a shopping center zoned "C" Commercial ; to the south and west are apartments zoned "B" Residential. ACCESS: Access to the site is from Portage 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 185,740 square feet . Of that , the buildings will occupy 53,043 square feet , or 28.55 percent of the site; the parking and drives will occupy 115,818 square feet, or 62.36 percent of the site; and 16,879 square feet or 9.09 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: The City Engineer made the following comments: Additional information will be required as to tap-in location of storm sewer and whether all storm water is flowing into catch basins connected to the sanitary sewer or part into retention basins referred to on site plan. • t ., B� NOR LEA c J B �Ei a'!. OR. li / C Y/' ,, ' c �` , / Y `/j i. ZI \ CE\\ II a0. - �-- - zl' �� r _--F _ , �� —GERMAN 11Twa << 1 PORT GE T,—VP 26 —— K 6111 ST. C . r";,%r 7:--'',: : -'17' ' - -- --- exs GAG.NON ST. ST OSEPrI COUN`r .-1_,Mc SEWAGE I e r"° /` o�sPOSQt • s 10 Y DR rrr \ COVNCK. OAK DR. � =•JaNG� t;Arc iE D Ix P�J ij I ..Si f � RA ice " R03[TTA rl. fin• --� _ • /W; � �K A 1 �' ? a\Q� i „ . K j I \,� °1;; t = J.J4 v low. 011. - 1 N I ,A •FD No OR. . ,_ v RivERviE At `v �; CEMETERY `-. \ 2'W \ ::E METEKV rr- sr c^ �\ fi I ce REZONING FROM "C" COMMERCIAL, "C" HEIGHT AND AREA T0: PARCEL I "D" LIGHT INDUSTRIAL, "F" HEIGHT AND AREA APC #1396-91 PARCEL II — "C" COMMERCIAL, "C" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL L 1 "B" RESIDENTIAL 1 ;; "C" COMMERCIAL "D" LIGHT INDUSTRIAL I 1 4 NORTH Mattuttittrt arpDxt O!u tie Tolman fllounril of tip (city of*nutt rnh: Your Committee of the Whole to whom was referred , BILL NO. 6-91 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY WEST OF PORTAGE AVE. AND DIRECTLY SOUTH OF CLEVELAND RD. AND THE INDIANA TOLL ROAD IN THE CITY OF SOUTH BEND, IN. Respectfully-report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by adding to the paragraph in Section II : "SAID REZONING SHALL BE FURTHER CONDITIONED UPON THE RECORDING OF A WRITTEN COVENANT RESTRICTING THE LIGHT INDUSTRIAL ZONING USE TO MINI-WAREHOUSES ONLY, WITH THE SAME BEING DULY RECORDED IN THE ST. JOSEPH COUNTY RECORDER' S OFFICE AT THE PETITIONER'S EXPENSE. " Loretta Duda Chairman FREE PRESS aPlepip PUBLISHING CO.