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HomeMy WebLinkAboutZoning - S.W. Corner Portage Avenue and Indiana East-West Toll RoadORDINANCE No. 6794 -80 Passed by the Common Council of the City of South Bend, Indiana_ 23, 19 80 City Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 24, 19 80 1�- A""-' IRENE K. GAMMON Approved and signed by me Clerk S.W. CORNER PORTAGE AVENUE AND INDIANA EAST WEST TOLL ROAD ORDINANCE NO. (a,? V V-90 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 realestate in the City of South Bend, St. Joseph County, State of Indiana: Part of the N i of Sec- 27, Twp- 38 N, R. 2 E described as beginning at a point 150 feet southerly of the centerline of the Indiana East-West Toll Road and. 65 feet Southwesterly and perpendicular to the centerline of Portage Ave; thence South bearing 27023'38" on and along the Westerly line of Portage Road a distance of 493.93 feet; thence Southerly bearing 2301615" a distance of 120 feet; thence Southerly and Westerly in an are having a 60' radius to the North line of a private driveway parallel to and 751.86' South of the centerline of the Indiana East-West Toll Road; thence Westerly along the North line of said private driveway a distance of approximately 424 feet to the Easterly line of a North -South private street as shown on a Plat of Portage Place Apartments; thence Northerly bearing 00001'30" a distance of 601.86 feet more or less to the South line of the Indiana East-West Toll Road; thence along said South line distance of 180.71 feet to the place of beginning. Be and, the same is hereby established as "C" Commercial District and "A" Height and Area District. 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. PUSLIC FlrARING Ga 2na READING P410T APiiROVED REFEIMIED C.LA-A -a- to-411— PASSED a V- /,/ Yd Member of the Common Council FRED X13 ' IS OFFICE APR 9 1989 Irene Gammon CITY CLERK, SOUTH BEND, IND. ZONING PETITION Date filed: Application Number: Date Area Plan Commission Received: 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 the southwest corner of Portage Avenue and the Indiana East -West Toll Road. 2) Name of property owner: Portage Place Associates 3043 N. Norway Maple Court South Bend, Indiana 46628 (219) 232 -4845 3) It is desired and requested that this property be rezoned from "A" Residence District and "A" Height and Area District or "C -2" Planned Shopping Center District and "A" Height and Area District subject to a final site plan to "C" Commercial District and "A" Height and Area District subject to a final site plan. 4) This rezoning is requested so as to allow the following uses: Banks, Gasoline stations and assorted retail uses as permitted. 5) 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 d) self - addressed, stamped envelopes of all property owners within 300 feet a& the I.?,(etition _o ' tier A43 N. Norway Maple Address Portage Place Associates Owner Petitioner- Portage Place Associates Petition prepared by John T. Phair Exhibit "A" Part of the N k of Sec. 27'' -Twp. 38 N, R. 2 E described as be- ginning at'a point 150 feet Southerly of the Centerline of the Indiana East -West Toll Road and 65 feet Southwesterly and per- pendicular to the centerline of Portage Ave; thence South bearing 27 023138" on and along the Westerly line of Portage Road a distance of 493.93 feet; thence Southerly bearing 23016'15" a distance of 120 feet; thence Southerly and Westerly in an arc having a 60' radius to the North line of a private driveway par- allel to and 751:86' South of the centerline,of the Indiana East- West Toll Road; thence Westerly along the North line of said private driveway a distance of approximately 424 feet to the Easterly line of a North -South private street as shown on a Plat of Portage Place Apartments; thence Northerly bearing 00 °01'30" a distance of 601.86 feet more or less to the South line of the Indiana East -West Toll Road; thence along said South line distance of 180.71 feet to the place of beginning. Tommittrr Airport c(To toe Tommon OounrU of t4r (Ing of *out4 jjrnd: Your Committee OF THE WHOLE to whom was referred 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) (SOUTHWEST CORNER OF PORTGAGE AND INDIANA TOLL ROAD.) Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. WALTER M. SZYMKOWIAK Chairman FREE PRESS PUBLISHING CO. 9FAR FEA COMMISSION PH COUNTY , IN Room 1140 County -City Building May 21, 1980 The Honorable Common Council City of South Bend 4th Floor, County -City Bldg. South Bend, IN 46601 South Bend, Indiana 46601 RICHARD S. JOHNSON Executive Director (219) 284 -9571 RE: A proposed ordinance and site development plan of Portage Place Associates, to zone from "A" Residential, "A" Height and Area or "C -2" Planned Shopping Center, "A" Height and Area, (Subject to a Final Site Plan), to "C" Commercial, "A" Height and Area, property located at the southwest corner of Portage Avenue and the Indiana Toll Road, City of South Bend Gentlemen: The rezoning petition of Portage Place Associates was legally advertised on May 10, 1980. The Area Plan Commission gave it a public hearing on May 20, 1980, at which time the following action was taken: Upon a motion by Patrick McMahon, being seconded by June Stratton and unanimously carried, the proposed ordinance and site development plan of Portage Place Associates is returned to the Common Council with a favorable recommenda- tion subject to: A final site plan which would resolve the internal circulation problem caused by the drive -in bank facility and resolve the issues addressed by the City Engineer; and, subdividing of the property. If the Council should rezone this site, it shall have to be subject to the submission of a final site plan. 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 . Johns Executive Director RSJ /scb Attachment cc John Phair Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN STAFF REPORT PORTAGE PLACE ASSOCIATES #700 -80 May 2, 1980 Portage Highway and Indiana Toll Road, South Bend REQUESTED ACTION: The petition is to rezone from "A" Residential, "A" Height and Area or "C -2" Planned Shopping Center, "A" Height and Area, (Subject to a Final Site Plan) to "C" Commercial, "A" Height and Area. The petitione proposes "banks, gasoline stations and assorted re- tail uses as permitted" on the site. EXISTING LAND USE: The land is vacant. SURROUNDING LAND USE AND ZONING: APPLICABLE REGULATIONS: Located to the north is the Indiana Toll Road and properties north zoned "R" Residential; to the east is vacant land zoned "C" Commercial, subject to a final site plan; and to the south and west is Portage Place Apartments, zoned "B" Residential. The Ordinance requires one parking space per 200 square feet of retail space, plus one space per two employees. Banks are required to have one space per 200 square feet. Any parking lots within 50 feet of a Residential District must be properly screened. ACCESS: The petitioner proposes to close the existing access drive on the south edge of the site, and relocate the access point to Portage Highway through the site. DRAINAGE: Drainage has not been addressed by the petitioner. DATA: The total site is 191,526 square feet (4.4 acres) in area. Of that 7.7 percent or 14,800 square feet is devoted to buildings, 35.4 percent or 67,892 square feet will be paved, 18.3 percent or 34,758 square feet is proposed to be green area, and 38.6 percent or 74,076 square feet is set aside for future development. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer has the following comments: 1. City water and city sanitary sewers are avail- able to this site. 2. City storm sewers are also available to this proposed Portage Place Shopping Center. 3. Parking appears to be in excess of ordinance requirements. 4. This rezoning petition shows that the existing driveway located on the south property line serving the apartments and at one time proposed to serve the retail is being deleted, and a new entrance is proposed in the center of the retail development. Approval of the new entrance should be considered only if PORTAGE PLACE ASSOCIATES - Continued 2 simultaneously the current access point is closed and removed in its entirety. The proposed access to Portage shall be constructed to City Standards, to and including the acceleration, deceleration, and passing lanes. The current geometrics shown on the plans submitted to this office will require modification to meet these standards. Please note the dimensions listed on the attached drawing, with regard to the geometrics of the entrance itself. 5. It is requested that a one -foot non - access easement be established along the remaining frontage onto Portage Avenue. Consistent with the request made of the development on the east side of Portage Avenue, it is required that additional right -of -way be dedicated in anticipation of the widening of the Portage Avenue Toll Road Bridge. This right -of -way should be 20 feet in width and shall be parallel to the existing right -of -way line. The new right -of -way line shown on this plat is not consistent with this requirement. It is apparent to this office that the proposed driveway is to service not only the retail development but also serve as an additional entrance to the apartment development. With this traffic flow in mind, it is requested that the site plan be modified to address this primary traffic pattern. Please refer to the site plan as modified by this office. 6. It is also requested that the drive -in facilities for the proposed bank be located on the south end of the building as opposed to the north, thereby eliminating the possible back -up of traffic into the primary traffic lanes serving the interior street network. On May 19, 1980, the City Engineer had the following comment: "All previous comments made with respect to traffic related aspects of the proposed rezoning apply. The newly submitted site plan does not reflect the comments made the last time that this proposal was submitted to this office. This office finds this site plan to be substantially deficient with respect to those previously submitted require- ments."