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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 i1~1Tv~~and Ti~7 ~~i~Tii~~:r yr TiR~7t~i~TiV~~TL LAiV'~ 1-1V Tub L3r1 1T V~ S~U,1H J..JLI\L~ 11\L11ZLT'IA 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 fii d ~l~a't~'~ C~~~~~e n ~; r~!` Q~T 4 C~~JD JOf;"7 VOCRuE CITY C1.Fnt'v, "0. 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Y t ..; - - ~~ ~- . ~ ~ - - ~,a, ? ~1~ 3a`~' ~.' ` r 01 1017 03_68- _ ~r' ~ ,,~ ~.~ ,~~~ ~.~' r ~ ~ `""~~ ~"~ _~ _ _ 1~ r m,~, 01-1065=1984 - w '~~ - ~ ..-:'h..-_.. ~ ; , r ,w {,. 1 x ~_,. ,7 o '~,4. ~"~~ ~~~, '~ ~ 23-1065-2016 ' ~ {~ _ #: , ~ _ ~' ~ <. f\jx` ~ ~ '' ~ ~ .wz~:._ '. 01_5-2015: {.-.W ,,. ~ ~ 01-1017-0369 .~- _ ,~ . ;~`' ~;' 01=101703690.1 y r`- ~ 'lI '~, , `~ I `"_~~___ 01-1065=2014 _. _.~ _ Kern - ~ --, _ ~ -''~' Kem ~ ~~ ~ _ ~ r' ,~~ ~- _ %~ ~' u~~ ' '1 ~ ~~ a J •' .~+.. tip``,, a~, ,,,~~ ~ i...... ~-~ ,. F, ~ ,~ 23-1 - ~ ~'~. *~ '- _ ~' ~ t~ -~ ~ -_.t` ~ r ~.~ .049 1285 ~ 3' 1051-135402 ' ~ ~ r`` 01-1051-135302 ~ ~ ~`''' ~ ~'?~ ~~ 0110491294,:. ~- ~• ~ 01 _1,051 135401 ~ _.._ ; ~'~ 01-1049-1291 ~ '--{~ 01-1017-0368 F -, C C ` n w •3 H w ~ CJ !! t ~~ G3 1 . 0 F, EE S ' z' = u:t ' v ' c~ G ~ ~~ U ~. Information shown on this map is not wartanted for aauracy or merchantabil~ry. Reproducton of this material is not possible without written permssion of St. Joseph County, Indiana. 300' ft. Variance ,~'" ., __ .t .. _.._ ,- _ ~ ~ ~. 10 - -2 04•. Date Printed: September 22, 2008 ~ ~~~ ~ .~ !~f4~` `~'~ N Photography:SPring 2002 ,p;.., ' ~", ~ r , , _ ._ ~ ) ~~~~ ~ Prepared by: 7 ~ }{ r , ti7a '~~ W E St. Joseph County Auditofs Once ~ ~ .~"~~'S'. ~- ,~ ~' ~ --" .. ~23~1049,;1.283 -------~r-~01 1 04911 290 ` 22~w.Jettersoneivd. :~ ` 01 1051 1354 7 r 1 f ~ '~ ~ •, South Bend, Indiana as6o1 :~ _ ?~~ ~ ~ ~` 3 t ~ ~01-1049_1288 01-1049 1293',.__ S Phone:(57a)2359483 •~ ~ ~,~ ~. ~ ,~ ~, t23=1049 1.282 ~ ;,~ _,~. ,, 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. ~, ~~ Jz~~v~ ~'C°~~, 4 ~ _ ~o,~ b, A~Ir • ~~~~~: :~^. ~ _~•. ~~~ / I! , `~~ FiiF ~~ ~€~:'~ ~~f ce ,.. -- _-~~5 ~7 ui~il~'. ~~ll ~i4rC 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 __~_. _,_ ,_ r . _ ~. ~~ i ~~ R ~ e •~ ~;~ 1 R r~. Detroit r'1 R 4-_" ^ R i,~ _ - e ~ ~~ R { J I<' ~ ~, '1 j t; I ~ >~. R t ~f': '`~~ ~' L.t1GirlC33 i"/y i /" ~, ~ j3 t k'~ ,~ _...... Kern Kern r--r-; ~, ,~ i i~ ~ SOt'th nd SF1 ~~ REZONING FROM: "C" COMMERICAL TO: "CB" COMMUNITY BUSINESS N 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 ~_ _. '~-~.~ ;. rl~ _:T_ S 1 inch equals 2d0 feet APG # 2405-06 Ranj an J. Amin #2405-06 Page 3 of 3 ZONE: C COMMERCIPL 0 I I ZONE: C CDNM[RCNL I . I I ~I I i i I I I -1- - - - -- _ KERN ROAD M1 20NE: C COMMERI7AL 1 1 1 1 I A I ~1 ~ s ~In ~ ~ o I 0 ~N ~W 1 ono ~~ I ~~~ ~~ 1 ////r I 1 r a l r .~ I I y J m / 2 s 2 m ~il~~ In Cler~'~ ®ffi~~ nr~ - ~'"'',_ 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