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HomeMy WebLinkAboutZoning Property located at the Northeast corner of Portage Rd & Cleveland Rd S. �Z ORDINANCE No. 8155-91 Passed by the Common Council of the City of South Bend, Indiana_ January 14, 91 rq Attest: 'r / - City Clerk ' ENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 15, 91 ig City Clerk IRENE K. GAMMON Approved and sired by me QJ U I IQ iq q � G. G! Mayor • • • • ORDINANCE NO. y La--9 t • AN ORDINANCE AMENDING THE ZONING ( RDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF PORTAGE ROAD AND CLEVELAND ROAD 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 located in the East Half of the Southwest Quarter of Section 22, Township 38 North, Range 2 East and all being in German Township, South Bend, St. Joseph County, Indiana, and more particularly ' described as follows; Commencing at a monument found, at the Southwest corner of the Southwest Quarter of said Section 22; thence South 89°56'33" East (this and all subsequent bearings having been assumed) along the South line of said Southwest Quarter of Section 22 a distance of 2128.76 feet; thence North 00°03'27" East, at right angles to said South line of the Southwest Quarter of Section 22, a distance of 40.00 feet to a point of intersection of the right of way lines of an East/West road, now known as Cleveland Road, with a Northerly/Southerly road, now known as Portage Road, said point being 40.00 feet, measured at right angles to, North of the South line of said Southwest Quarter of Section 22 and also being 45.00 feet, measured at right angles to, Northeasterly of the centerline of said Portage Road, all as described in Deed Record 8612578, dated June 6, 1986, said point of intersection being the point of beginning of this description; thence North 23°22'51" West, parallel with and 45.00 feet Northeasterly of, measured at right angles to, the centerline of said Portage Road and being along the Northeasterly right of way line of said Portage Road, a distance of 114.00 feet; thence South 66°37'09" West, at right angles to the centerline of said Portage Road, a distance of 15.00 feet to a point on the Northeasterly right of way line of said Portage Road; thence North 23°22'51" West, parallel with and 30.00 feet, measured at right angles to, Northeasterly of the centerline of said Portage Road, a distance of. 1486.00 feet; thence North 66°37'09" East, at right angles to the centerline of said Portage Road, a distance of 781.23 feet; thence North 89°50'09" East a distance of 446.20 feet to a point on the East line .. of the Southwest Quarter of said Section 22; thence South 00°09'51" East, along the East line of said Southwest Quarter of Section 22 and also being along the West line of a proposed plat of Lilac Acres Subdivision, plat dated January 15, 1911, a distance of 1600.00 feet to a point on the North line of a tract of land conveyed by John Cripe to the residents of German Township for the purposes of a burial grounds, said conveyance being described in Record Book "H", Page 248 and dated February 20, 1844; thence North 89°56'33" West parallel with the South line of said Southwest Quarter of Section 22, a distance of 99.00 feet; thence South 00°09'51" East, parallel with the East line of said Southwest Quarter of Section 22, a distance of 184.50 feet to a point on the North right of way line of said Cleveland Road, said point being 30.00 feet North of, measured at right angles to the South line of said Southwest Quarter of Section 22; thence North 89°56'33" West, along the North right of way line of said Cleveland Road -and being parallel with and 30.00 feet North of measured at right angles to, the South line of said Southwest Quarter of Section 22, a distance of 85.28 feet; thence North 86°49'42" West, along the North right of way line of said Cleveland Road and being along a line described in a conveyance from Kathryn E. Hurwich, Jack M. Hurwich and Muriel Hurwich, his wife and Betty H. Zoss to the St. Joseph County Board of Commissioners for the purposes of public road right of way and all being described in a Warranty Deed, Record Book No. 777, Page 188, dated June 20, 1973, a distance of 150.36 feet; thence North 89°56'33" West, along the North right e be and the same is hereby established as ("C"Commercial and "A" height and area 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. ember of the Com i►,,,n Council Filed in Clerk's Office Date Filed __... Application No .13 / 7-7- ' ' Date received ''by tare Area Plan Commission We the undersigned make 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: The Northeast corner of Cleveland Road and Portage Road 2) The property owners of the petition site are Jack Hurwich (Power of Attorney Muriel W. Hurwich) and Bette Hurwich Zoss 11233 River Oaks Lane Osceola, Indiana 46561 (219) 233-3977 (Jim Cook, Broker representing owners) 3) Contingent purchasers Scott Nowakowski Meijer Realty Company 2929 Walker Ave. , N.W. Grand Rapids, MI 49504 ( 616) 791-3403 4) It is desired and requested that this property be rezoned from 'B' Residential ( 'A' height and area) and 'C' Commercial ( 'A' height and area) to 'C' Commercial ( 'A' height and area) (approximately six (6) acres to be rezoned) . Total 'C' commercial site approximately 34 acres. (see attached site plan) 5) This rezoning is requested to allow approximately a 200,000 sq. ft. Meijer combination store with 1, 349 space parking lot and a 1,600 sq. ft . Meijer Convenience/Gas Station and a 24,000 sq. ft. Garden Center. 6) Attached is a copy of A) Legal description of the property B) List of names and addresses of all property owners within 300 feet of the petition property C) Five ( 5) site plans D) Addressed, stamped envelopes for all property owners within 300 ft . of 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 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. STAFF REPORT November 9, 1990 Jack Hurwich and Bette Hurwich Zoss 1377-90 Location: the northeast corner of Cleveland Road and Portage Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change • from "C" Commercial , and "B" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area to allow a combination department store, grocery store, a garden center, and a convenience store/gas station. EXISTING LAND USE: The property is presently vacant . SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "C" Commercial and "B" Residential in the City; to the east are single-family houses and a cemetary zoned "R" Residential in the County; to the south across Cleveland Road and the Toll Road are commercial activities zoned "C" Commercial in the City; and to the west across Portage Road are a single-family house and vacant land zoned "C" Commercial in the City. ACCESS: Access to the site is from Cleveland Road and 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 33.9 acres. Of that , the buildings will occupy 5.20 acres, or 15.07 percent of the site; the parking and drives will occupy 16.9 acres, or 49.89 percent of the site; and 11 .8 acres or 35.04 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 had no comments. . t 1p,„ , . . . • . , ‘0,,Akth‘ v" r-i ---------- ., .4- r.f. .„1. - ' * z,,_ .... ,,,.. .L. , ,.. .... . , ,,..... ,1 R- \ - ----e t: 4) '' .4( 1.c......, — i . ,,,, 1, ' - Al' r-; rr2. ,N MP) .------4._________.,.____,E,__ ,----_________„e 0 m m \ ,,,,rs.#1,k,'' ___, , fro<, ''------- 7/4 , : ips . . ,.„ ,, =__,,__if___ zzo,,. ___:_j______\ op) ___,-___--,, ,_ j.,, 11 i ; 1 .1111171a IS 115A3..-'/ 11A.14i1-7 REZONING FROM "B" RESIDENTIAL, "A" HEIGHT AND AREA AND "C" COMMERCIAL, "A" HEIGHT AND AREA TO: "C" COMMERCIAL, "A" HEIGHT AND AREA APC #1377-90 PETITION AREA s-ze-51-7:-..-arsr. SOUTH BEND ZONING COUNTY ZONING "A" RESIDENTIAL 1 1 "R" RESIDENTIAL 1 "C" COMMERCIAL . >' NORTH RECEIVED NOV 191990 November 16, 1990 Area Planning Commission AREA PLAN COMM.. I have a number of questions concerning the rezoning on Portage and Cleveland Roads for Mejier's combination store, convenience store and garden center. (1) The preliminary site plan appears to have some type of screening running along the east boundary beginning close to Cleveland Road and going to the end of the parcel requested to be rezoned commercial. For some distance behind the proposed store itself the screening includes an opaque fence and a buffer of trees. Toward the north end of the proposed store and near the proposed retention basin the plan calls for substantially less screening, specifically no trees. The minimal screening at the rear, even given the setback of the store, 'does not appear appropriate or desirable given that this property abuts existing single family residences. Is the developer willing to place an improved buffer including trees all the way to the north end of the east property line? (2) The site plan calls for planting deciduous trees. Along the aforementioned east boundary, however, it would appear buffering the single family neighbors could be more effectively accomplished with pine trees. Is the developer willing to commit to placing substantial pine trees along the east property line? (3) In prior hearings we have been repeatedly assured that all city services are provided to this site. I must admit to being surprised by the retention basins in the northeast corner. If all city utilities are available, I would assume that storm sewers to the site are available thus precluding the need for retention basins. Are the retention basins there because of costs of changing the grade to allow effective operation of storm sewers or are the services not available? If storm sewers are available to the site, why are retention basins necessary? (4) On the issue of lighting, I am concerned that there will be substantial "light pollution" in the adjoining and existing residential neighborhood. While the screening may reduce the problem, can the developer also place the lights and design the light fixtures so that the property will be adequately lit but the neighbors will not be discomforted by light pollution? (5) The plans call for substantial road improvements, in particular to Portage Road in terms of widening and traffic lights. I would like to know precisely what are the estimated costs and who will pay what share of those costs? (6) Finally, in the initial rezoning hearing immediately after annexation of this parcel, Mr. Cook was adamant that no tax rebates were being sought and that no tax abatement would be • appropriate for this parcel. Nevertheless, after a rezoning petition by the Sexton Company tax abatement was sought and was granted by the city. It took a court suit to eliminate that tax abatement. I would like to know whether the developer will commit to not asking for tax abatement now or in the future? I trust that it will be possible to answer these questions satisfactorily before granting the rezoning request and before approving the preliminary site plan. My thanks to the Area Planning Commission for notifying German Township Neighborhood Association about this hearing. Sincere , Richard . S eehan President German Township Neighborhood Association 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 November 20, 1990 116 The Honorable Common Council 3_-C/Q City of South Bend L County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Jack Hurwich and Bette Hurwich Zoss to zone from "C" Commercial and "B" Residential , "A" Height and Area to "C" Commercial , "A" Height and Area, property located at the northeast corner of Cleveland and Portage Roads, City of South Bend - APC #1377-90 Dear Council Members: The above referenced ordinance and site development plan of Jack Hurwich and Bette Hurwich Zoss was legally advertised November 8, 1990 and November 10, 1990. The Area Plan Commission at its public hearing on November 20, 1990, took the following action: Upon a motion by Joseph Serge, being seconded by Willie Morgan and unanimously carried, the proposed ordinance and site development plan of Jack Hurwich and Bette Hurwich Zoss to zone from "C" Commercial and "B" Residential , "A" Height and Area to "C" Commercial, "A" Height and Area, property located at the northeast corner of Cleveland and Portage Roads, City of South Bend is sent to the Common Council with a favorable recommendation, subject to Final Site Development Plan. This property was rezoned by the Area Plan Commission after it was annexed into the City of South Bend. It was rezoned to "C" Commercial at that time, except for a small portion on the north end which was rezoned "B" Residential. This petition is in keeping with the intent of that original rezoning. 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: Jack Hurwich and Bette Hurwich Zoss CC• Soott No k' Serving: Souti e•w nd, Liakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN Utnmmtttrt iirpnr# au #ye Qlnmmun Council of Up OAR of$'nu#lI Ernd: Your Committee of the Whole to whom was referred BILL NO. 83-90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF PORTAGE ROAD AND CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Loretta Duda Chairman FREE PRESS PUBLISHING Co.