HomeMy WebLinkAbout9737-07 Annexation & Rezoning US 31 - District 6ORDINANCE No. s»>oz
Passed by the Common Council of the Ciry of South Bend, Indiana
February 12,
Attest:
JOHN
Attest: ~ ~e~rL,
20 07
Presented by me to the Mayor of the City of South Bend, Indiana
February 13, 20 07
JOHN
Ciry Clerk
President of Common Council
Ciry Clerk
Approved and signed by me F eb ru a r v 13 20 QZ-
Mayor
ORDINANCE NO. ~ ? 3~ "~ 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING
WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND
AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT 6, RANJAN J. AMIN, 60971 US 31 SOUTH, SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 3.31 acres located in
Centre Township, St. Joseph County, Indiana, has been filed by 100% of the owners of
the land in the territory sought to be annexed. It is the intent and purpose of this
Ordinance to annex this temtory to the City of South Bend, Indiana, and to establish a
zoning district of this territory
THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA AS FOLLOWS:
SECTION I. That the following described real estate situated in St. Joseph County,
Indiana, being contiguous by more than one-eight (1/8) of its aggregate external
boundaries with the present boundaries of the City of South Bend, Indiana, shall be and
hereby is annexed to and brought within the City of South Bend:
A parcel of land being a part of the Southeast Quarter (1/4) of Section Thirty-Five (35),
and a part of the Southwest Quarter (1/4) of Section Thirty-Six (36), all in Township
Thirty-Seven (37) North, Range Two (2) East, Centre Township, St. Joseph County,
Indiana and being more particularly described as follows: Beginning at a point on the
east line of said Southeast Quarter, a distance of 406.54 feet North 0 degrees 00 minutes
00 seconds East of the Southeast corner of said Southeast Quarter; thence South 13
degrees 35 minutes 03 seconds East, along the westerly right-of--way of Main Street, a
distance of 153.90 feet to its intersection with the westerlyright-of--way line of U.S.
Highway #31; thence South 17 degrees 09 minutes 11 seconds West, along said U.S. #31
right of- way line, a distance of 133.80 feet to an iron stake found in place; thence North
89 degrees 19 minutes 49 seconds West, parallel with the south line of said Southeast
Quarter, a distance of 501.70 feet to an iron stake found in place and being on a point of
the east line of a tract of land conveyed to Raymond K. Snyder and Anna J. Snyder in
Deed Record 315, page 175; thence North 0 degrees 27 minutes 06 seconds West, a
distance of 274.67 feet to an iron stake found in place; thence South 89 degrees 39
minutes OS seconds East, a distance of 507.23 feet to the place of beginning. Commonly
known as 60971 U.S. 31 South, South Bend, Indiana
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are
hereby declared to be extended so as to include the real estate of the above described
parcel as a part of the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495-04, 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 above described real
estate, with the exception of all adjacent rights-of--way, in the City of South Bend, St.
Joseph County, State of Indiana be and the same is hereby established as CB Community
Business District provided, however, that the required, established, and stated procedures
for review of such zoning classification by.the Area Plan Commission have been fully
satisfied.
SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its
passage by the Common Council, approval by the Mayor, and legal publication.
~~ C
Member of the Co on Council
ArtPCt•
Presented by me to the Mayor of the City of South Bend, Indiana on the 13`~ day
of i ~~V~~ , 2 00l , at IL'•`lf o'clock (,` . m.
~~ ~ity Clerk
~ ~
Approved and signed by me on the ~-~ day of ~~`'""' , 2~7 ,
ato1= ~~ o'clock ~.m.
City of South
1 st READING ~ ~ ~ -O~
PUBLIC HEARING ~-ZL-~S°
3 rd READING L•~ L 0 ~
NOT APPROVED l ~
REFERRED (~ ~~- ~ Ql~' 0
PASSED -L _lZ_ ~1
l~~ In ~~~1°~t'a Office
OCT - 4 X006
JQ~?! VCGEaGE
CITY CLERK, 5Q. FEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
67-06 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING
WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND
AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH;
COUNCILMANIC DISTRICT 6, RANJAN J. AMIN, 60971 US 31 SOUTH,
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.
Karen L. White
Chairperson
1~L 1111V1*Y 1 VD 111Li Y,VLll1V ltll\ 1 !3_lV1VL'AL"111O~T
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I (vv'%) tii% Ui'id~iSi~iC;d, n1aiCC appiiCailGn tG iliC ~GiilmGil ~GU1iC11 Gf tiie viiy Gf SGUtit Bcriu, Indiana, tilt
the volurtar3• annexation Gf land tG the Clt`,' of South Bend, irdiana and for the zoning Gf that land 111
TGIT~Iisitip, St. 3GSepi1 vultty, Indiana, and in suppGrt of which Petition allcgc(s} and afflntt(s} as follows:
1) I , R.anjall J. Amin alll the oRnler (lteTeinafiPr °~titlGner° i Gf a r~arrPl Gf land 11IGre arilCUlarly
r.,~ ~ r...,,,.- p ~
described in Exhibit "A".
2) Petitioner desire that the parcel br annexed tG the city of South Bend, Indiana, and be granted a
zoning desigllatian as licreill requested, both by proper ordinance.
;) '?'hat ih~s Peti±ion is sited by a± leas± (CI~rK QNE):
_ a. one-hundred percer-t (144 ~~) of the oz~-rers of the land in the territory- sought to be anltexed; OR
_ b. f ~~-one percent (51°!) of the G~~~ners Gf the land ill the territGr3~ sG`agltt tG be arneved; OF.
c. it-ie ow7lers of Seventy- 1ve percelrt (75 i~) of the total assessed value Gf file land for properi3- tax
purposes.
4) The property sought to be anltexed and rezoned is located at: 64971 US 31 South
5) The Prat`~.,rt<,~ Tax Key Alumber(s) is' 41-1017-4358
6} Titc name and address of the property Gwner(s} of file petitiall site is/are:
Pwr.;an J. ?rrlln
50971 US 31 SGUth
South Bend, I*; 45514
7) The value and address of the contingent purchaser(s), iii applicable, is/are:
N!A
8) The parcel is 3.31 acres in size and currently has the fallowiltg use(s) on it:
The Lrake nutel
9} ivUliiuer afpeGple Ciii-reIttly residing 011 the praperiy: variable
14) It is desired and requested that the petitiar. site 1~ rezoned
r i um St. 3asepll CauItty Zanlllg ClasSlficatlan: C- ~aIllniercIal
'd'o Cih` of South Bend zoning classification: CB ~omnturih~ Business
far file ivilGit'Ing"a USC(S}: A iicvJ Hci~l
~~h
Ranj an J . Amin
Prepared by:
Lang, Feeney & Associates, Ir~c.
1. Bernard Feeney
715 S. Michigan Street
South Bend, Indiana 45601
574-233-1841
Filed !n Clerk's Offtc~
oar ,. ~ coos
CITY C ELK, S0, BEND, -K
Exhibit A
A parcel of land being a part of the Southeast Quarter (1/4) of Section Thirty-Five (35), and a part of
the Southwest Quarter (1/4) of Section Thirty-Six (36), all in Township Thirty-Seven (37) North,
Range Two (2) East, Centre Township, St. Joseph County, Indiana and being more particularly
described as follows:
Beginning at a point on the east line of said Southeast Quarter, a distance of 406.54 feet North 0
degrees 00 minutes 00 seconds East of the Southeast corner of said Southeast Quarter; thence South 13
degrees 35 minutes 03 seconds East, along the westerly right-of--way of Main Street, a distance of
153.90 feet to its intersection with the westerly right-of--way line ofU.S. Highway #31; thence South
17 degrees 09 minutes 11 seconds West, along said U.S. #31 right-of--way line, a distance of 133.80
feet to an iron stake found in place; thence North 89 degrees 19 minutes 49 seconds West, parallel with
the south line of said Southeast Quarter, a distance of 501.70 feet to an iron stake found in place and
being on a point of the east line of a tract of land conveyed to Raymond K. Snyder and Anna J. Snyder
in Deed Record 315, page 175; thence North 0 degrees 27 minutes 06 seconds West, a distance of
274.67 feet to an iron stake found in place; thence South 89 degrees 39 minutes OS seconds East, a
distance of 507.23 feet to the place of beginning. Commonly known as 60971 U.S. 31 South, South
Bend, Indiana.
Filed n1 1C ~ k'~ ~ff~ce
~~-~ - 4 2C~~6
JCH"!VSO gENd,1N.
cm cGeAx,
001-1017-036602 001-1017-036603 001-1017-036604
Jeffrey Dierbeck Donna Andrysiak Keith Nelson & Debra Adams
20214 Kern Road 20121 Kern Road 20100 Gilmer Street
South Bend IN 46614 South Bend IN 46614 South Bend IN 46614
001-1017-036607, 023-1018-0386 001-1017-036605 001-1017-036609
Anthony Zappia Jennifer Coyner Barbara Larsen
52582 U.S. 31 North 60845 S. Main Street 15843 Oak Street, Finch Lake
South Bend IN 46637 South Bend IN 46614 Decatur MI 49045
001-1017-036901, 0369 U01-1051-135302 001-1051-135401
Mark & Linda Malstaff Arthur Mikel & Fred Clu-istman, Joint Tenants Omar & Cynthia Oudghiri
60981 U.S. 31 South 20150 Kern Road 19227 Kern Road
South Bend IN 46614 South Bend IN 46614 South Bend IN 46614
023-1051-135402 023-1049-1284,1285,1291 023-1065-2016
Edward McClure
R L B 1, LLC LT Leasco, LLC D/B/A E. A. McClure Real Estate
3510 Park Place P O Box 218 P O Box 1650
Mishawaka IN 46545 Plymouth IN 46563 Marion IN 46952
001-1065-2015,1984 023-1065-2019 001-1063-1928,1927
Centre Township C P M Properties, Ltd. Joseph & Mary Litka
Richard Carr 6210 U.S. 31 South 307 E. LaSalle Ave., Apt. 203
6003 Aberdeen
South Bend IN 46614 South Bend IN 46614 South Bend IN 46617
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aauracy or merchantabil~ry. Reproducton
of this material is not possible without written
permssion of St. Joseph County, Indiana.
300' ft. Variance
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APC # 2405-06
Owner: Ranjan J. Amin
Location: 60971 U.S. 31 South
Jurisdiction: City of South Bend
The Area Plan Commission at its public hearing on Tuesday, November 27, 2006 took
the following action:
Upon a motion by f~[~ ~~2T7~'~~1/1~`/, being seconded by S7"~tl~ G~UNc~~IL
and G[~11,4,idUlAilpl~SG~ carried, the proposed ordinance and site development
plan of Ranjan J. Amin to zone from C Commercial (County) to CB Community
Business (City) was sent to the Common Council with a favorable
recommendation. The site is within a commercial corridor. The City CB
Community Business District is the equivalent zoning district of the existing
County C Commercial. A hotel will replace the existing motel on the site. The
site plan meets the regulations of the zoning ordinance without a variance.
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Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
JoFtn W. Byorni Larry P. Magliozzi
Executive Director Assistant Director
Phone 574 235-9571
www.stjosephcountyindiana.com
Fax 574 235-9813
November 28, 2006
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 Ranjan J. Amin to zone from "C"
Commercial (County) to "CB" Community Business District (City), property located at
60971 U.S. 31 South, City of South Bend - APC# 2405-06
Dear Council Members:
I hereby Certify that the above referenced ordinance of Ranjan J. Amin was legally advertised on
Thursday, November 16, 2006 and that the Area Plan Commission at its public hearing on
Monday, November 27, 2006 took the following action:
Upon a motion by Robert Hawley, being seconded by Steve Edinger and
unanimously carried, the proposed ordinance and site development plan of Ranjan J.
Amin to zone from "C" Commercial (County) to "CB" Community Business District
(City), property located at 60971 U.S. 31 South, City of South Bend is sent to the
Common Council with a favorable recommendation. The site is within a commercial
corridor. The City CB Community Business District is the equivalent zoning district
of the existing County C Commercial. A hotel will replace the existing motel on the
site. The site plan meets the regulations of the zoning ordinance without a variance.
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,
~~Laf~n W. B orn/~~,
Y
JWB:sr
Attachment
CC: Ranjan J. Amin
Lang, Feeney & Associates, Inc.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Resort
APC # 2405-06
Owner: Ranjan J. Amin
Location: 60971 U.S. 31 South
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from "C" Commercial (County) to "CB" Community
Business District (City) to allow a hotel. This rezoning is in conjunction with an annexation
request.
Land Uses and Zoning:
On site: On site is an existing motel zoned C Commercial.
North: To the north is a single family house zoned C Commercial.
East: To the east across US 31 is a gas station zoned CB Community Business District
(City).
South: To the south are offices zoned C Commercial.
West: To the west is a single family house zoned R Residential.
District uses and development standards:
The CB Community Business District is established to provide a location for high volume and
high intensity commercial uses. Activities in this district are often large space users which may
include limited amounts of outdoor sales or outdoor operations.
Site plan description:
The site is 3.30 acres (143,748 square feet). The existing motel will be removed, and a three
story, 71 unit hotel will be constructed to cover 14,456 square feet, or 10% of the site. A 1,200
square foot conference room is also proposed within the hotel. One hundred twenty one (121)
parking spaces are provided. There are existing driveways on Main Street and US 31 South.
The landscaping meets the regulations without a variance.
Zoning and land use history & trends:
The intersection of US 31, Main Street, and Kern Road is characterized by commercial land use.
Traffic and transportation considerations:
A new, limited access alighnment for US 31 is being proposed. Indications are that the right-of-
way may cross the western portion of the site that could affect the parking area. The site plan has
been referred to the Indiana Department of Transportation (INDOT).
Utilities:
The City of South Bend water and sewer utilities are available to the site.
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
Objective C: Develop quality business areas to meet the retail and service needs of the
planning area.
The rezoning is consistent with the Comprehensive Plan economic policy.
Ranj an J. Amin
#2405-06
Page 1 of 3
Land Use Plan:
The Comprehensive Land Use Plan recommends the surrounding area for residential
growth.
The Comprehensive Land Use Plan was adopted in April 2002 before the alignment of US
31 was established.
2. Current conditions and character:
The character of the intersection of US 31, Main Street, and Kern Road is commercial.
3. Most desirable use:
The most desirable land use is commercial.
4. Conservation of property values:
The surrounding property values should be conserved since the commercial zoning and
motel/hotel land use already exist.
5. Responsible development and growth:
It is responsible development and growth to allow compatible re-use of property.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the petition be
sent to the Common Council with a favorable recommendation.
Analysis:
The site is within a commercial corridor. The City CB Community Business District is the
equivalent zoning district of the existing County C Commercial. A hotel will replace the existing
motel on the site. The site plan meets the regulations of the zoning ordinance without a variance.
Ranj an J. Amin
#2405-06
Page 2 of 3
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REZONING FROM: "C" COMMERICAL
TO: "CB" COMMUNITY BUSINESS
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SOUTH BEND AND ST. JOSEPH COUNTY ZONING
COUNTY "B"BUSINESS
COUNTY"C"COMMERCIAL
COUNTY "R" RESIDENTIAL
SOUTH BEND "CB" COMMERICAL BUSINESS
SOUTH BEND "SF1" SINGLE FAMILY RESIDENTIAL
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APG # 2405-06
Ranj an J. Amin
#2405-06
Page 3 of 3
ZONE: C COMMERCIPL
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SITE PLAN
FOR ANNEXATION PURPOSES
PART OF THE SOUTHEAST QUARTER OF SECTION 35 AND PART OF
THE SOUTHWEST QUARTER OF SECTION 36, ALL OF TOWNSHIP 37
NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
st. ~osEPH couNTY:
CURRENT ZONING: C-COMMERCIAL
CURRENT USE: MOTEL
PROPOSED ANNEXATION TO THE CITY OF SOU1H BEND:
PROPOSED ZONING: CB COMMUNITY BUSINESS
PROPOSED USE: HOTEL SITE
11 ROOMS
12DD SF CONFERENCE ROOM
PROPOSED PARKING'
HOTEL: 1 PARKING SPACE PER RDOM, PLUS 2 SPACES FOR
REGISTRATIDN ARFA = 73 SPACES REQUIRED
CONFERENCE RODM: 1 PARKING SPACE PER 25 SQUARE FEET OF
MEETING SPADES = 48 SPACES REQUIRED
TOTAL SPACES REQUIRED = I21 SPACES
TOTAL SPACES SUPPLIED = 121 SPACES
PROPOSED BUILDING HEIGHT: 3 STORIES
LEGEN
FLAGPOLE ~ POST
GUY WIRE tt UTILITY POLE
GAS VALVE i TRAFFIC SIGN
>y FIRE HYDRANT tt WEII
~ IRON FOUND ® WATER VALVE
m INLET ® TRAFFIC MANHOLE
# LIGHT o TELEPHONE MANHOLE
• MAILBDN ^ 2'x2' BRICK PILLAR
o UNIDENTIFIED MANHOLE [7 5/8' REBAR SET WITH LFA CAP
X
PROPOSED LANDSCAPE SCREENING
® FDUNDAIION lANOSCAPINC
® GFF STREET PARKING AREA SCREENING
~ INTERIOR OFT-STREET PARKING AREA LANDSCAPE
0 60 120