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Home My WebLink About9741-07 Annexation 60958 U.S. 31 South - Centre Township - District 64 ORDINANCE No. 9741-07 Passed by the Common Council of the Ciry of South Bend, Indiana February 26, Attest: ~, /-' Attest: /~. 20 07 Ciry Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 27, 20 07 i City Clerk Approved and signed by me February 28 20 07 ~`~' ~ ,~P . Mme, ORDINANCE NO. ~ 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, KBS PROPERTIES, LLC, 60958 U.S.31 SOUTH STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.52 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 territory 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: , " Lots Numbered Five Hundred Ninety (590), Five Hundred Ninety-One (591) and Five Hundred Ninety-two (592) as shown on the recorded plat of Gilmer Park Second Subdivision in St. Joseph County, Indiana. A parcel of land located in the Southwest %4 of Section 36, Township 37 North, Range 2 East, Centre Township, St. Joseph County, as shown on the recorded plat of Gilmer Park Second Subdivision, and described as follows: Beginning at the intersection of the recorded South lot Iine of Lot 547 of said Gilmer Park Second, recorded in Plat Book 14, Page Gla in the St. Joseph County Recorders Office and the recorded East line of US 31 South; thence South along said East line of US 31 South and the existing City Limits to the Southwest corner of recorded lot 592 of said Gilmer Park Second; thence East along said recorded South line of Lot 592 and said line extended to the East line of a North/South recorded alley; thence Northeast along said alley and said line extended to the intersection of the North right of way line of Detroit Street and said alley extended; thence West along the North line of Said Detroit Street and the South line of Lot 547 of said Gilmer Park Second to the place of beginning. Containing 0.821 acres, more or less and subject to all legal rights of way and easements of record. 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. ~~ Member of the Co on Council Attest: City ler Presented by me to the Mayor of the City of South Bend, Indiana on the `?~4~. day of ~~,,.x.wy , 2 p01 , at i =`1S- o'clock~_. m. .-- u.:~. ity Clerk Approved and signed by me on the ~~ ~ day of , 2 m o 7 , at 9= od o'clock ~.m. Filed In Clerk's Ofifice ~ ~ ~ 1st READING l \-13 ~~ PUBLIC HEARINGL-~Z-`~~ 3 rd READING y_Le,~~ NOT APPROVED ~ REFERRED ~ -P - l ~ ^ l 3 - PASSED 'L_L4,-fl, ~rav - ~ 2aos JOHN VOORDE CITY CLERK, S0. BEND, IN. of the Ci(lyibf South Bend TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 78-06 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, KBS PROPERTIES LLC, 60958 U.S. 31 SOUTH 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 PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Centre Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners") of a parcel of land more particularly described in Exhibit "A". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least (CHECK ONE): _X a. one-hundred percent (100%) of the owners of the land in the territory sought to be annexed; OR _ b. fifty-one percent (51 %) of the owners of the land in the territory sought to be annexed; OR _ c. the owners ofseventy-five percent (75%) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed and rezoned is located at: 60958 U.S. 31 South 5) The Property Tax Key Numbers are: O1-1063-1926, 01-1063-1927 and O1-I063-1928. 6) The name and address of the property owner(s) of the petition site is/are: Mary & Joseph Litka, 299 E. LaSalle Avenue, Apt. 104B, South Bend, IN 46617. 7) The name and address of the contingent purchaser(s), if applicable, is/are: KBS Properties, LLC 5609 U.S. 31 South, South Bend, IN 46614. 8) The parcel is 0.52 acres in size and currently has the following use(s) on it: 9) Number of people carrently residing on the property: None 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: Residential. To City of South Bend zoning classification: CB Community Business District. for the following use(s): Office/Retail. Revised 12/09 PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND INDIANA (Cont.) 11) The anticipated "build-out" year for the project: 2007 12) The proposed number of lots: 3 13) The proposed mileage of new roadways: None. 14) The following information has been submitted with the Petition: 1. a legal description of the property, titled as Exhibit ' A "; 2. a list of names and addresses of all property owners, along with the tax key numbers, for all properties within 300 feet of the petition property; 3. seventeen (17) site plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition properly. 1 S) The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: ~- ~ Address: 5609 U.S 31 South South Bend, IN 46614 Phone Number: 574-291-9367 ~~ Signed:~~.~ Address: 5609 U.S. 31 South South Bend, IN 46614 Phone Number: 574-291-9367 14) Name, Address & Phone Number of Contact Person/Preparer (Please print): Larry Shoemaker, 5609 U.S. 31 South, South Bend, IN 46614 - 3- 0. ,~,.~~,~ ®fflCB ~i~~~~~ ~~~: C`GV 3 2006 JR43t! VOf~Rv C17Y Clcr~~, SQ. BctrD, IN. Exhibit A (Legal Description): Lots Numbered Five Hundred Ninety (590), Five Hundred Ninety-One (591) and Five Hundred Ninety-two (592) as shown on the recorded plat of Gilmer Park Second Subdivision in St. Joseph County, Indiana. ~1~'~~~~= ~sai~~ ~Vl~~ ,~ ~1~nr t~r,~l '.~ [~.iJJ I~JV .,..-..1.... `~ nia C Revised 12/04 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 December 20, 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 Mary & Joseph Litka to zone from R Single Family District to CB Community Business District, property located at 60958 U.S. 31 South, City of South Bend - APC# 2408-06 Dear Council Members: I hereby Certify that the above referenced ordinance of Mary & Joseph Litka was legally advertised on Thursday, December 7, 2006 and that the Area Plan Commission at its public hearing on Tuesday, December 19, 2006 took the following action: Upon a motion by Robert Hawley, being seconded by Gerry Phipps and unanimously carried, the proposed ordinance and site development plan of Mary & Joseph Litka to zone from R Single Family District to CB Community Business District, property located at 60958 U.S. 31 South, City of South Bend is sent to the Common Council with a favorable recommendation. It is responsible development and growth to allow the infill of commercial sites within well established commercial corridors. The rezoning is compatible with the surrounding commercial zoning and land uses. On October 20, 1998, the Area Planning Commission supported the rezoning of this site from R Residential to C Commercial, but the rezoning was withdrawn by the petitioner. 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, ohn W. B ornt Y JWBar \ Attachment CC: Mary & Joseph Litka KBS Properties, LLC Larry Shoemaker Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana r Staff Report APC # 2408-06 Owner: Mary & Joseph Litka Location: 60958 U.S. 31 South Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from R Single Family District (County) to CB Community Business District (City) to allow office/retail. This rezoning is in conjunction with an annexation request. Land Uses and Zoning: On site: The site is currently vacant land zoned R Single Family District in the county. North: To the north is a family hair care center zoned B Business District in the county. East: To the east are single family homes zoned R Single Family District in the county. South: To the south is a motorcycle dealership zoned CB Community Business District in the City of South Bend. West: To the west is commercial uses zoned CB Community Business District in the City of South Bend. 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 amourta of outdoor sales or outdoor operations. Site plan description: The site is approximately 0.52 acres. The proposed building will cover 4,784 square feet or approximately 21% of the site. There are 17 parking spaces shown, with its adjacent off street parking screening. Type A Open landscaping will be required along the north, west and south property lines. Type B Partial landscaping will be required along the eastern property line. Foundation landscaping is also shown along the north and west building facades. The site plan shows one access point on Detroit Avenue. The access point will need to be relocated further east along Detroit Avenue on the final site plan as to comply with the City of South Bend standards. Zoning and land use history & trends: The property was petitioned for rezoning in 1998 to C Commercial. It was given a favorable recommendation by the Area Planning Commission before being withdrawn by the petitioner. (APC# 1882-98) TrafCc and transportation considerations: US 31 South has four lanes with a center turn lane. Anew, limited access alignment for US 31 is being proposed west of Main Street. Detroit Avenue has two lanes. Utilities: The site will be served by public water and sewer from the City of South Bend. Mary & Joseph Litka #2408-06 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Land Use Objective 2.2: Purse a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The rezoning is consistent with the Comprehensive Plans land use policy. South Bend and St. Joseph County Indiana, April 2002 Goa12: Objective C: Policy X: South Bend will cluster future commercial development in commercial activity centers along major transportation arteries. The rezoning is consistent with the Comprehensive Plans economic policy. Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use Plan calls for this area to be Commercial (Office & Retail). South Bend and St. Joseph County Indiana, Apri12002 The Comprehensive Land use Plan was adopted in Apri12002 before the alignment of U.S. 31 was established. 2. Current conditions and character: The site is currently vacant land. The area is commercial in character. 3. Most desirable use: The most desirable use for this property is commercial. 4. Conservation of property values: The surrounding commercial property values should be conserved with the CB rezoning. The eastern single family house may be conserved with the landscaping and alley as a buffer. 5. Responsible development and growth: It is responsible development and growth to allow the infill of commercial sites within well established commercial corridors. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: It is responsible development and growth to allow the infill of commercial sites within well established commercial corridors. The rezoning is compatible with the surrounding commercial zoning and land uses. On October 20, 1998, the Area Planning Commission supported the rezoning of this site from R Residential to C Commercial, but the rezoning was withdrawn by the petitioner. Mary & Joseph Litka #2408-06 Page 2 of 3 F ~! pi c' K, i )rf R _ ~ f y E M ~~ ~4~~ 11 ~~~ _... E f ;~ '~ ~ 1 -{ ~' ft R Pasadena 4 ft 1 R Detroit 4 K Lucinda Rezoning from: "R" Residential to "CB" Community Business N ', Zoning Key COUNTY -BUSINESS COUNTY -COMMERCIAL COUNTY -RESIDENTIAL SOUTH BEND- COMMUNITY BUSINESS W E s 1 inch equals 15~ feet APC # 24x8-~6 Mary & Joseph Litka #2408-06 Page 3 of 3 Proposed Site Plan-60958 U.S. 31 South Detroit Street Setback Setback n~ l V 1 ~) [tF `~ n _ r ~ } `~ ~ a~ ~~i ~ ~ ~- U List of Property Owners Within 300 Feet of 60958 U.S. 31 South KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP 01-1063-1878 Bonita Jo Menting 60900 U.S. 31 South South Bend, IN 46614 01-1063-1875 William & Jovanne Faught 19902 Pasadena Street South Bend, IN 46614 01-1063-1882 Samuel C & Janet B Tatum 60930 US 31 South South Bend, IN 46614 01-1063-1886 John & Rebecca Lambert 19915 Detroit Street South Bend, IN 46614 01-1063-1888 Lori Mustaikes 19891 Detroit Street South Bend, IN 46614 01-1063-1925 Roger A & Sandra J McKee 19946 Detroit Street South Bend, IN 46614 01-1063-1923 Rosemary Zielinski 19920 Detroit Street South Bend, IN 46614 Page 1 of 5 List of Property Owners Within 300 Feet of 60958 U.S. 31 South KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. 01-1063-1921 Michael & Michele Popvic 19898 Detroit Street South Bend, IN 46614 23-1065-2019 CPM Properties, LTD 6210 US 31 South South Bend, IN 46614 01-1065-1982 NAME Robert & Diana Torok ADDRESS 19927 Lucinda Street CITY ST ZIP South Bend, IN 46614 KEY NO. 01-1065-1980 NAME Benjamin Gillespie ADDRESS 19901 Lucinda Street CITY ST ZIP South Bend, IN 46614 KEY NO. 23-1065-2016 NAME Edward McClure/McClure Real Estate ADDRESS P.O. Box 1750 CITY ST ZIP Manon, IN 46952 KEY NO. 23-1065-1985 NAME Donald Bauer ADDRESS 19940 Lucinda Street CITY ST ZIP South Bend, IN 46614 KEY NO. 23-1065-1987 NAME Scott & Lisa Brugh ADDRESS 19912 Lucinda Street CITY ST ZIP South Bend, IN 46614 Page 2 of 5 List of Property Owners Within 300 Feet of 60958 U.S. 31 South KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP 01-1017-032609 Jennifer Coyner 60845 South Main Street South Bend, IN 46614 01-1017-036607 Anthony Zappia 52582 U.S. 31 North South Bend, IN 46637 23-1018-038604 Jack & Darlene Clemans 19340 Farmington Lane South Bend, IN 46614 01-1063-1877 Kenneth & Connie Smessaert 19922 Pasadena Street South Bend, IN 46614 01-1063-1880 Louis Palmer Enterprises, LLC 60918 US 31 South South Bend, IN 46614 01-1063-1884 Brian D & Maureen S Miller 19925 Detroit Street South Bend, IN 46614 01-1063-1887 Carl & Camillo Doherty 19901 Detroit Street South Bend, IN 46614 01-1063-1889 George & Willa Dean Cassey 19879 Detroit Street South Bend, IN 46614 Page 3 of 5 List of Property Owners Within 300 Feet of 60958 U.S. 31 South KEY NO. 01-1063-1924 NAME Glenn Lee & Patricia Atchley ADDRESS 19932 Detroit Street CITY ST ZIP South Bend, IN 46614 KEY NO. 01-1063-1922 NAME Richard Lee Sr. & Shirley Werntz ADDRESS 19908 Detroit Street CITY ST ZIP South Bend, IN 46614 KEY NO. 01-1063-1920 NAME Jeffrey McGhee ADDRESS 19884 Detroit Street CITY ST ZIP South Bend, IN 46614 KEY NO. 01-1065-1983 NAME John & Joanne Holland ADDRESS 19941 Lucinda Street CITY ST ZIP South Bend, IN 46614 KEY NO. 01-1065-1981 NAME Joseph Lacopp ADDRESS 19913 Lucinda Street CITY ST ZIP South Bend, IN 46614 KEY NO. 01-1065-1979 NAME Phyllis Bognar ADDRESS 19887 Lucinda Street CITY ST ZIP South Bend, IN 46614 KEY NO. 23-1065-1984 NAME Centre Township c/o Richard Carr ADDRESS 6003 Aberdeen CITY ST ZIP South Bend, IN 46614 KEY NO. 23-1065-1986 NAME Michael Balint ADDRESS 19926 Lucinda Street CITY ST ZIP South Bend, IN 46614 KEY NO. 01-1017-0368 NAME Ranjan Amin ADDRESS 60971 U.S. 31 South CITY ST ZIP South Bend, IN 46614 Page 4 of 5 List of Property Owners Within 300 Feet of 60958 U.S. 31 South KEY NO. NAME ADDRESS CITY ST ZIP KEY NO. NAME ADDRESS CITY ST ZIP 01-1017-036605 Anthony Zappia 52582 U.S. 31 North South Bend, IN 46637 23-1018-0386 Anthony Zappia 52582 U.S. 31 North South Bend, IN 46637 ~iZ~r ~'r3 Ci~~ .~~~ t~~$iC~ NOV 3 ~~~~~ ~c s voonr~ crrv c~.F~~r, so. ~er.o, i~. Page5of5