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Home My WebLink About9471-03 Rezoning Northeast corner of Bendix Drive & Cleveland RoadORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana December 8, Attest: Attest: ~ ~ ~ 20 03 Presented by me to the Mayor of the City of Soirtlt Bend, Indiana December 9, 03 20 City Clerk President of Common Council City Clerk Approved and signed by me December 12 2003 Mayor ORDINANCE NO . ~ ~ ~ I ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BENDIX DRIVE & 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 N0. 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. THAT PART OF THE SOUTHWEST OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT # 1 OF THE PLAT OF "GMS REALTY'S BENDIX DRIVE MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9922982 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "CB" COMMUNITY BUSINESS 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. ~u'~~ i~ MEMBER OF THE CO ON COUNCIL 1 st READING ~a "` 3 _03 ~~~~ PUBLIC HEARING (,~--g`~3 ~''-S Scti 3rd READING ~L-B'~03 ~S ~I,L~S'~-~-~'{~.~,'~ NOT APPROVED REFERRED A -p - ~ ~--!'3 ^~3 Filee~ ire ~I~ri~'~ df~ie~~ ~90~1 ~ '`~ 2t~03 I.t13i~TTA J. DlJ'0."~ PASSED ~'L-~ -0~ 0.,S S' ll`~ S'ri~~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 82-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF BENDIX DRIVE & CLEVELAND ROAD IN THE CITY OF 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 as substituted. Karl King Chairman REVISED 11/17/03 DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION ------------------------------------------------------------------------------ I (WE) THE UNDERSIGNED MAKE APPLICATION TO 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: NORTHEAST CORNER OF BENDIX DRIVE & CLEVELAND ROAD SOUTH BEND, INDIANA 46628 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: GMS REALTY P.O. BOX 4056 SOUTH BEND, INDIANA 46634 PHONE NUMBER (574) 237-4000. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL, "A" HEIGHT & AREA TO "CB" COMMUNITY BUSINESS DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). PHARMACY FACILITY WITH A DRIVE-UP WINDOW. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; (C) SIX (6) 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 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 AND APPROVED BY THE AREA PLAN COMMISSION WITHIN ONE (1) YEAR .OF THE COUNCIL'S ACTION. IN ADDITION, A BUILDING PERMIT MUST BE ISSUED FOR THE USE INDICATED ON THE PETITION WITHIN ONE YEAR FOLLOWING THE APPROVAL OF THE FINAL SITE PLAN. FAILURE TO SUBMIT A FINAL SITE PLAN OR OBTAIN A BUILDING PERMIT WITHIN THE SPECIFIED TIME PERIOD, CAUSES THE ZONING OF THE PETITIONED PROPERTY TO REVERT TO THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. SIGNED, HARRY SHAVER - FO~IGMS REALTY - OWNER PETITIONED PREPARED BY ANlS CONTACT PERSON: DANCH, HARNER & ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628, PHONE NUMBER (574)-234-40 ~1~~~ ~~H ~r~C~~'~ ~f~i~ ~~~ ~ ~~ ~ ~ Z~fl~ ~, Ll3F^TTA J. ~ ~ LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHWEST OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT # 1 OF THE PLAT OF "GMS REALTY'S BENDIX DRIVE MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9922982 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Ft-a1~~8 ~I~ ~0®~lr~~~ ®~E~i~ Ole 1 ®C? 200•) dp;~i'PA J. ~+ Property Owners Wiiliin 300 Feet GMSRealty P.O. Box 4056 South Bend, IN. 46634 Tax Key # 25 1024 0683 Sobeiski Federal Savings & Loan 2930 W. Cleveland South Bend, 1N. 46628 Tax Key # 25 1014 024005 Baptist Church Calvary 21941 Cleveland Road South Bend, IN. 46628 Tax Key # 25 1014 024002 Calvary Baptist Church 21941 Cleveland Road South Bend, 1N, 46628 Tax Key # 25 1014 024003 Notre Dame Federal Credit Union 19033 Douglas Road Notre Dame, 1N. 46556 Tax Key # 25 1014 024305 Kane Properties LLC 3545 N Bendix Dr. South Bend, IN.46628 Tax Key # 25 1014 024004 International Bakers Services Inc. 1902 N Sheridan Av South Bend, lN. 46628 Tax Key # 25 1010 0363 Aldi (Indiana) LP P.O. Box 1398 .Valparaiso, IN, 46384 Tax Key # 25 1014 024307 ~~~~ ~~ ~9~~~`: ~~~~~Q 4CT Q ~ 2003 ~,rra ~. cans ~ts,r,~.r~l~,ca, STAFF REPORT GMS Realty 2235-03 Location: the northeast comer of Bendix Drive and Cleveland Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow a pharmacy facility with adrive-up window. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north is a church zoned "$" Residential, "A" Height and Area and a funeral home zoned "C" Commercial, "A" Height and Area. To the south is a bank zoned "C" Commercial, "A" Height and Area. To the east are commercial uses, a fast food restaurant, a credit union, and an office zoned "C" Commercial, "A" Height and Area. To the west is a fire station zoned "B" Residential, "A" Height and Area. ACCESS: Access to the site is from Cleveland Rd. and Bendix Dr. WATER SOURCE/ SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 2.66 acres. Of that, the buildings will ' occupy 15,519 square feet, or 13.4 percent of the site. Parking and drives will occupy 82,106 square feet, or 70.7 percent of the site. Open space will occupy 18,43 square feet, or 15.9 percent of the site. 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: a drainage plan is required at the final site plan stage. STAFF RECOMMENDATIONS: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. The "E" Height and Area standards are minimal and would be out of character with the surrounding area. In preparing the rezoning map that will accompany the new zoning ordinance, the staff will recommend that this property as well as the commercial areas around it be zoned "CB" Community Business. The "CB" District will require higher development standards, both in terms of landscaping and building materials. Fdl~~ in ~ilvr~m'~ ~lf~a 1(n1~ '/fir (S~ ~. A~ G~ ~{ i `~r yrf~: of Y. <?3A ~~~ a o0 0 FUHERAL HOPE ~ ~ ° floo CHURCH cif ~-~"INo O o ~ RO'~0 ~~ ~. n.~ / r a~+ 0~2 _ BANK ~oL=^-- 0~,. ~, i OFFICE COMMERCIALCR DIT UN ~o~ u N AREA ~o \ $~ ~~ ~~ C~ ERCIAL AST OD CLEVELAND ~NOIANq EA$T_q'ES7 80/90 TOIL ROAD ~ ~~ R0. A ~~ '~~r. REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA, TO: "C" COMMERCIAL, "E" HEIGHT & AREA SOUTH BEND EXISTING ZONING ~ I A RESIDENTIAL ~~ ' V "B" RESIDENTIAL n APC # 2235-03 "C" COMMERCIAL ~~ "D" LIGHT INDUSTRIAL O ~o0 200 300. eoo Graphic Scale PETITION AREA