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Home My WebLink About01-24- 3931 Portage Road and Vacant Lot Adjacent to and West of 3931 Portage Road Rezoning ��?LAN C�� County-City Building ��= City of South Bend 227 W.Jefferson Blvd. 1400S South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 wvvvv.sodthbendiftgcw/zoning ``IAeu5HEo Filed in Clerk's Office r--- ---- December 19, 2023 JAN 0 2 2024 Honorable Committee Chair Hamann DAWN M.JONES 4th Floor, County-City Building CITY CLERK,SOUTH BEND,IN South Bend, IN 46601 RE: 3931 Portage Road and Vacant Lot Adjacent to and West of 3931 Portage Road PC#0186-24 Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your January 8, 2024, Council meeting, and set it for public hearing at your January 22, 2024,Council meeting. The petition is tentatively scheduled for public hearing at the January 16, 2024, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Rezone property from 52 Suburban Neighborhood 2 to C Commercial. If you have any questions, please feel free to contact our office. Sincerely, t(echx-_ Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran _v Angela Smith Scott Ford Planning Director Zoning Administrator Commission President Filed in Clerk's Office BILL NO. 01-24 `�� Q1� CITY CLERK, SOUTH ORDINANCE NO. cEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 3931 PORTAGE ROAD AND VACANT LOT ADJACENT TO AND WEST OF 3931 PORTAGE ROAD COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from S2 Suburban Neighborhood 2 to C Commercial NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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 part of the West Half of the Northwest Quarter of Section 22, Township 38, Range 2 East, bounded by a line running as follows: Beginning at the Southwest Corner of said Northwest Quarter of Section 22; thence running North on the West line of said Section 292.71 Feet;then East 955.68 Feet to the center line of Portage Road;thence Southeasterly with the centerline of Portage Road to the South line of said Quarter Section; thence West on said line 1066.56 Feet to the place of beginning. be and the same is hereby established as C Commercial SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 025-1014-0221 and 025-1014-022101 Address: 3931 Portage Road and vacant lot adjacent to and west of 3931 Portage Road Owner: Salah M & Cynthia Hilal Legal Description: A part of the West Half of the Northwest Quarter of Section 22, Township 38, Range 2 East, bounded by a line running as follows: Beginning at the Southwest Corner of said Northwest Quarter of Section 22; thence running North on the West line of said Section 292.71 Feet;then East 955.68 Feet to the center line of Portage Road; thence Southeasterly with the centerline of Portage Road to the South line of said Quarter Section; thence West on said line 1066.56 Feet to the place of beginning. Project Summary The proposed rezoning would result in the both portions of the property being zoned the same in order to allow for a cohesive commercial development. Requested Action Application includes (check all that apply) ❑✓ Rezoning Current District: S2 Suburban Neighborhood 2 C Commercial Proposed District C Commercial Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents ❑ Completed Application (including Contact Information) ❑ Site Plan drawn to scale ❑ Filing Fee ❑ Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Salah Hilal Address: 52447 Portage Rd South Bend, IN 46628 Name: Cynthia Hilal Address: 52447 Portage Rd South Bend, IN 46628 Name: Address: Contact Person: Name: Danch, Harner &Associates; Attn: Angela Smith Address: 1643 Commerce Drive South Bend, IN 46628 Phone Number: 574-234-4003 asmith@danchharner.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: GROSS SQUARE FOOTAGE n.. SITE ACREAGE *6.08 AC GSF 150,236 GSF NSF 125,792 NSF PARKING CALCULATION: 3 PER EACH 10,000 SF 42 SPACES REQUIRED ZONE:C-COMMERCIAL PARTNERS FF.— ZONE:EXISTING RESIDENTIAL 2/ wit W • Q Cr) C a i,ar•rl cry Is aOa 52 SUBURBAN 4rfl NEIGHBORHOOD, • _. w ,.. -. w v w . IOM - ` b I W • `_ \ C(Q INDUSTRIAL 1 eI z 1 Vz CI q • C COMMERCIAL F 0 1 1 Y.e O — GRAPHIC SCriSSIZ ALE /, ,HE ET o w im im 2. NORTH w 1.1 Filed in Clerk's Office LIAN` fl 210Z4 BILL NO. CITY CLERK,SOUTH BEND,IN ORDINANCE NO. i'n --rwlo AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 3931 PORTAGE ROAD AND VACANT LOT ADJACENT TO AND WEST OF 3931 PORTAGE ROAD COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Rezone property from S2 Suburban Neighborhood 2 to C Commercial NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana,be and the same hereby 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 part of the West Half of the Northwest Quarter of Section 22, Township 38, Range 2 East, bounded by a line running as follows: Beginning at the Southwest Corner of said Northwest Quarter of Section 22;thence running North on the West line of said Section 292.71 Feet;then East 955.68 Feet to the center line of Portage Road;thence Southeasterly with the centerline of Portage Road to the South line of said Quarter Section;thence West on said line 1066.56 Feet to the place of beginning. be and the same is hereby established as C Commercial SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7)Commitments,if applicable. SECTION III.This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor,and legal publication,and full execution of any conditions or Commitments placed upon the approval. Council President South Bend Common Council Attest: City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of ,2024, at o'clock .m. City Clerk Office of the City Clerk Approved and signed by me on the day of ,2024,at o'clock .m. James Mueller,Mayor City of South Bend,Indiana -2- fk\i'f's ��0?LANc County-City Building City of South Bend 227 W Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION (574)235-7627 www.southbendin.gov/zoning STg8LISFED 200 February 20,2024 Filed in Clerk's Office FEB 2 0 2024 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#01-24-A proposed ordinance of HILAL SALAH M&CYNTHIA A to zone from S2 Suburban Neighborhood 2 to C Commercial,property located at 3931 PORTAGE RD and adjacent vacant lot to the West,City of South Bend-PC#0186-24 Dear Council Members: I hereby Certify that the above referenced ordinance of SALAH M&CYNTHIA A HILAL was legally advertised on February 9,2024,and that the South Bend Plan Commission at its public hearing on February 19,2024,took the following action: Upon a motion by Dr. Oliver Davis,being seconded by John Martinez and unanimously carried,a proposed ordinance of SALAH M&CYNTHIA A HILAL to zone from S2 Suburban Neighborhood 2 to C Commercial,property located at 3931 PORTAGE RD and adjacent vacant lot to the West,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Kari Myers Zoning Specialist Attachment CC: SALAH M&CYNTHIA A HILAL Bob Palmer Tim Corcoran Scott Ford Planning Director Commission President Staff Report— PC#0186-24 January 16, 2024 Property Information Location: 3931 PORTAGE RD and adjacent vacant lot to the West Owner: SALAH M & CYNTHIA A HILAL Requested Action Rezone from S2 Suburban Neighborhood 2 to C Commercial Project Summary The proposed rezoning would result in both portions of the property being zoned the same in order to allow for a cohesive commercial development. Location Map `.: — x ,,,07:_'',.,4,,,,`', . '' A .„_. ..., - ' . . if ,k,• „.., k �j�" \ 1 * ,y, . r 1:q , • -; - M. r ` , _ , L, iiiiiii ,--3, ._ ._ r, /jf M 1o\ ,�a,21 • , , :)2 r - / ..13 p/jr I >/AH* . . 1) IF oil, , f,.....,„__H 4 . Funkµ-• Of @ Recommendation Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report-PC#0186-24 1/16/2024 Proposed Site Plan I I I t� I ' I ;l. I d i p i • - fyypp_ / ny��.. �"j II T-� 1 H Alia 1 1 SOUTH BEND STORAGE IF HAU S E R -& ,m rwr4w xovmrna m+rn &WI PLAN SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0186-24 1/16/2024 Site & Context Land Uses and Zoning: On site: On site is currently a vacant lot. North: To the north, is a single family home zoned S2 Suburban Neighborhood 2. East: To the east is a vacant lot in unincorporated St. Joseph County. South: To the south is a parking lot zoned C Commercial. West: To the west is a warehouse zoned I Industrial. District Intent: The C District is established to provide a location for medium-to high-intensity commercial uses that are auto-oriented, typically located along major corridors at the fringe of the City or as small groupings located outside of neighborhood centers. Site Plan Description: The site plan submitted with the request shows two (2) large conditioned storage buildings on the south side of the property with four(4) smaller buildings (5,500 sqft- 7,500 sqft) located on the north portion of the property adjacent to S2 Suburban Neighborhood 2 zoned property also owned by the petitioner. Water detention will be located on the western portion of the site adjacent to I Industrial zoned properties. Zoning and Land Use History and Trends: The far northern portion of the City along Portage has been primarily commercial in nature and the development of the self storage facility would not be inconsistent with the area. The most recent commercial development in the immediate vicinity is a Take 5 Car Wash to the south and east of this site. Traffic and Transportation Considerations: Portage Avenue is a two lane street with no on-street parking. Agency Comments Agency Comments: There are no Engineering comments at this time. Engineering will fully review when the property is submitted for Commercial Plan Review. Staff Comments: Commercial activity on the lot may be beneficial to the surrounding area if developed in a manner compatible with the other commercial properties nearby. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (2006), Objective LU 2: Encourage a compatible mix of land uses in the community. Land Use Plan: The future land use plan identifies this area as commercial. Plan Implementation/Other Plans: SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0186-24 1/16/2024 The petition with City Plan, South Bend Comprehensive Plan (2006), Objective LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. 2. Current Conditions and Character: The current character of the area is commercial to the south with the parcel to the north being the northern most portion of the City along Portage Avenue. 3. Most Desirable Use: The most desirable use of the property is one that allows for the development of commercial uses in a manner that is compatible with the existing commercial uses nearby. 4. Conservation of Property Values: With proper buffering and design, the proposed development should not have significant impact on surrounding property values. 5. Responsible Development and Growth: It is responsible development and growth to allow for the commercial development along a major thoroughfare. Analysis & Recommendation Commitments: There are no commitments at this time. Analysis: Rezoning the western lot adjacent to 3931 Portage Avenue will allow for cohesive site development along a major commercial corridor. The proposed projcet can serve to transition from the more intesne commetcial uses to the south to the residential areas to the north. The eastern portion of the property (3931 Portage Ave) is already zoned C Commercial. Recommendation: Based on the information available prior to the public hearing, Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4