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Home My WebLink AboutZoning - Southeast Corner of the Intersection of Portage Ave and the Indiana Toll Rd ORDINANCE No. 7430-85 Passed by the Common Council of the City of South Bend, Indiana February 11, rg 85 Attest: 49...E e- IC' City Clerk IRENE K. GAMMON Attest: >/ ,-F'i?X, �`- 1 - i President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ February 12, Ig 85 K: City Clerk IRENE K. GAMMON Approved and signed me �1 -e-Z Z-rte- �--� /-)---- &- S 8n by / 19 1 Ayor 7.1 Southeast corner of the intersection of Portage Avenue and the Indiana Toll Road BILL NO. ORDINANCE NO. 7i, w,Y AN ORDINANCE AMENDING ORDINANCE NO. 4990-68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapter 21, Municipal Code) . BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: Section 1. 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 tract of land beginning at the Northeast corner of the Northwest Quarter of Section Twenty-seven (27) Township Thirty-eight (38) North, Range Two (2) East; thence South along the East line of said Northwest Quarter of Section 27, 1254. 9 feet to the center line of Portage Highway; thence North 25°0 ' West along said center line 1370. 0 feet to the North line of said Section 27; thence East along the North line of said Section 27, 555.5 feet to the place of beginning, containing 8 . 00 acres. Except and excluding therefrom a parcel approxi- mately 4.1 acres in size heretofore sold off of the North end thereof for the Indiana East-West Toll Road. be and the same is hereby established as C-Commercial - A-Height and Area. Section 2 . 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. Membe of the Common Cou it Date Filed Application No. Date Received by the Area Plan Commission I, 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: Southeast corner of the intersection of Portage Avenue and the Indiana Toll Road. 2) Name of property owner: Plymouth Limited Partnership, an Indiana general partnership, James E. Childs, general partner 521 West Colfax Avenue South Bend, IN 46617 Telephone: (219) 288-2528 3) Name and address of contingent purchasers: Hassen El Ammori and Newman El Amouri 736 Lincolnway West South Bend, IN 46618 4) It is desired and requested that this property be rezoned from A-Residential - A-Height and Area to C-Commercial - A-Height and Area. 5) This rezoning is requested to allow the following use: Retail stores and permitted uses under C-Commercial. 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; (c) a site plan; and (d) addressed, stamped envelopes of all property owners within 300 feet of the petition property. PLYMOUTH LIMITED PARTNERSHIP, an diana G- • -- rtnership 0 - es hilds, General Partner PETITION PREPARED BY: Richard W. Morgan Barnes & Thornburg 6th Floor, 1st Source Bank Center South Bend, IN 46601 Telephone: (219) 233-1171 CONTACT PERSONS: Richard W. Morgan James E. Childs Barnes & Thornburg James E. Childs & Associates 6th Floor, 1st Source Bank 521 West Colfax Avenue South Bend, IN 46601 South Bend, IN 46617 Telephone: (219) 233-1171 Telephone: (219) 288-2528 A tract of land beginning at the Northeast corner of the Northwest Quarter of Section Twenty-seven (27) Township Thirty-eight (38) North, Range Two (2) East; thence South along the East line of said Northwest Quarter of Section 27, 1254.9 feet to the center line of Portage Highway; thence North 25°0 ' West along said center line 1370. 0 feet to the North line of said Section 27; thence East along the North line of said Section 27, 555. 5 feet to the place of beginning, containing 8 . 00 acres. Except and excluding therefrom a parcel approxi- mately 4.1 acres in size heretofore sold off of the North end thereof for the Indiana East-West Toll Road. EXHIBIT A Q ammtttrr at part Oa the Ti mm= Tounrit of the (Mg of*until iamb: Your Committee of the Whole to whom was referred BILL NO. 145-84 A BILL AMENDING ORDINANCE NO. 4990-68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTHEAST CORNER OF PORTAGE AND THE TOLL ROAD. ) Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Joseph T. Serge Chairman FREE PRESS PUBLISHING CO. 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 January 16, 1985 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, In 46601 Re: A proposed ordinance and site development plan of Plymouth Limited Partnership, an Indiana general partnership, James E. Childs, general partner, to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at the southeast corner of the intersection of Portage Avenue and the Indiana Toll Road, City of South Bend Gentlemen: The above referenced ordinance and site development plan of Plymouth Limited Partnership, an Indiana general partnership, James E. Childs, general partner was legally advertised Friday, January 4, 1985. The Area Plan Commission gave it a public hearing on January 15, 1985, at which time the following action was taken: Upon a motion by Robert Lehman, being seconded by Evelyn Clark and Joseph Serge voting "nay", the proposed ordinance and site development plan of Plymouth Limited Partnership, an Indiana general partnership, James E. Childs, general partner, to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at the southeast corner of the intersection of Portage Avenue and the Indiana Toll Road, City of South Bend is sent to the Common Council with a favorable recommendation subject to a Final Site Development Plan, and dedication of the additional right-of-way required by the City of South Bend The above recommendation is made subject to a final site plan, and dedication of the additional right-of-way required by the City of South Bend. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN January 16, 1985 The Honorable Common Council Page 2 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 Executive Director RSJ/sr Attachment CC: Plymouth Limited Partnership James E. Childs Richard W. Morgan Hassen El Ammori & Newman El Amouri STAFF REPORT, PLYMOUTH LIMITED PARTNERSHIP #922-84 January 2, 1985 Southeast corner of Portage Avenue and the Indiana Toll Road, South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow for the construction of retail stores. EXISTING LAND USE: The property is vacant. SURROUNDING LAND USE AND ZONING: Located to the north is the Indiana Toll Road, to the east is vacant property zoned "A" Residential, to the south and west across Portage Avenue are the Portage Place apartments zoned "B" Residential and a convenience store with gas pumps zoned "C" Commercial. ACCESS: Access to the site will be from Portage Avenue. DRAINAGE: The drainage has not been addressed by the petitioner. DATA: The total site to be rezoned is 2.84 acres. Of that, the building will occupy 17 ,800 square feet or 14.4% of the site, the parking and drives will occupy 65,557 square feet or 53% of the site, and 40,311 square feet or 32.6% of the site will be open space. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: "1. Sanitary sewer approximately 300' south of property on Portage Ave. 2. Show location of drywells and slope of paved area. 3. Show location of roof drains and their related connection to drywells. 4. Parking is adequate. 5. Need to show 4 handicap spaces. 6. Need to show 2 - 10' x 30' loading areas. 7. Show acceleration and deceleration lane." .. i NORTHL A�t ti Vrur E ai QII 0A,,.7,■ I1 l 2 1 i i, ;(/ it �� 1 I' z�; v+K ‘43 • t `-....-... 7/// 1 11 ■ :...........? ; C-*-. � �QJ / \� ` r W >r) Y f a ,, , i f, _ . -------,- \ . , . , . .. . , . . ,. / .....„ v „,......., i ) -E AL.�t s b a �.^N ! xx j z 1 + x .. DR KG ._..-_-- =rte---.� ~�✓ �`N L D ` CO N'1CIL OAK OR. .� n4-..,\ ° r e ce ROSETTA PL. , *O A l''' 0°5* -,::::—\( : ' A ''' ( I, , , A,._.;,..7„ _,..:Kt ~,' W` I(��1 31- err: rJi: �Iic{RYIE N J\ .- ��r I �,pEO 'NO GP.. +� CEMET£R7 -EMF_TERY r — i �r ,p-, •w J_ fi i 2 I� \\ I.Z of �`i Et A �5 7 113 GE�ra4r., LATHROP — __ 3 6' -J r.-- L^ S! 2 2 + � r c. � � � j o 11 REZONING FROM "A" RESIDENTIAL, "A" HEIGHT & AREA TO: "C" COMMERCIAL, "A" HEIGHT & AREA PETITION AREA NORTH CITY ZONING COUNTY ZONING lir .- .. "R" RESIDENTIAL "A" RESIDENTIAL w'r "6' ,RESIOENTIA4 � "C"ttMIERCIAL