The URL can be used to link to this page

Home My WebLink About9770-07 Annexation & Rezoning Pulling & US 31 South - District 6ORDINANCE No. s Passed by the Common Council of the City of South Bend, Indiana July 9, Attest: 20 07 Attest: ~~ Presented by me to tl:e Mayor of the City of Soutla Bend, Indiana July 10, 07 20 City Clerk President of Common Council Ciry Clerk Approved and signed by me J u l y 11, 20 0 7 ~e'~ Mayor ORDINANCE NO. ~ ~ ~ 0 ~ 0 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, THE GENEVA HAMILTON TRUST, CLIFFORD HAMILTON, POA, NORTHEAST CORNER OF PULLING STREET AND US 31 SOUTH STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of three quarters'/a 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: That part of the Southwest Quarter, of the West Half of Section 36, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana which is described as follows: Beginning at a point 13.88 feet south of the southwest corner of Lot 232 of Gilmer Park Addition and the east right-of--way line of U.S. 31, also being the City limits of the City of South Bend, IN; thence east and pazallel to the south line of said Lot 232 to the east line of the first north/south alley east of said U.S. 31; thence south along the east line of said north/south alley to the south right-of--way line of Pulling Street, also being the northwest corner of Lot 148 of Gilmer Pazk Addition; thence west along the south right- of-way line of Pulling Street to the east right-of--way line of U.S. 31, also being the City limits of the City of South Bend; thence north along said right-of--way line to the point of beginning. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declazed 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. /"J . Member of the Co on Council A r~a~+• Presented by me to the Mayor of the City of South Bend, Indiana on the ~ ~~ day of ~ , 2 00 , at l'~'-'~ o'clock. m. ~~ ~„~,,~, ity Clerk Approved and signed by me on the // ~ day of , 200 , at 2 ~ 30 o'clock~.m. Mayor of City of South Bend 1 st P.EADING 1 ~~~ QS S~S~i~,~~, PUBLIC HEARING ~b'Zj ~~ ~~} ~~~~ 3rd READING ~ ~~-Ol GLS Scc~~~^ ~' NOT APPP,OVED REFERRED ~ .~_ ~-~ ~O1 PASSED ~ -'~ ~-ol as Su~o-s~~ti~' t"""`_ 'j'~~~ `"- Filed to Clerk's Of#ice M Ali i 20~/ JOHN VOORDE CITY CLERK, S0. BEND, (N. 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 Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affu-m(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) Th/at this Petition is signed by at least (CHECK ONE): ~( 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 of seventy-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: iClo2Tif E,~~f G~ 2i,t oG ~.~/~ i~:/~~ S~GTirx.! aG !JS i% ~ rs_ ~.vD! r.~l~ /i~i ~ j f /NCii,:T~%,~-/~~ 5) The Property Tax Key Number(s) is: ¢!-- ~a~°j- rs ?e 5~ ~' r~/-in,,~j~G?/ ~ 6) The name and address of the property owner(s) of the petition site is/are: 7) The name and address of the contingent purchaser(s), if applicable, is/are: ti/oj'~jl~ ~~~ 8) The parcel is J~~ acres in size and currently has the following use(s) on it: 1/<r c,~-;-i ~~ 9) Number of people currently residing on the property: ~o,~;i! 10) It is desired and requested that the petition site be rezoned From St. Joseph County zoning classification: ~_I%~i.G~/{% //-j'G ~ Cps ,~Lr,~r,~,~Z To City of South Bend zoning classification: ~ ~ /rrii~,i ;~ i",~r~-/ for the following use(s): l~,~f,~ r~ ~ ~~,;, ~;~ ~ ~,~,c-_ Revised 12/04 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: r ,~ ~~r~il~i~ 12) The proposed number of lots: '~ 13) The proposed mileage of new roadways: ~(,jc~,.~! 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 property. 15) The signature(s) of all property owner(s), or Attorney for all property own°r(s) Signed: ~.~,~~~. l~a~~,~.y"~u/7%~s~~f-`.~ Address: 7~ ~~ ~ 1,U iF~ ~',~;-.uli ~~.. ,,-'ic3,/~ ~isi,~i Zit/ ~ ~~.~ / ~ Phone Number: /.~ ~7`~ - %9/~%~~r Signed: Address: Phone Number: 14) Name, Address & Phone Number of Contact Person/Preparer (Please print): ~~.C,l! % iC. v-~ Filed In Cl~rk'~ Office i~4 AY 1 2007 JOHtJ VOORDE CITY CLEfiK, S0. BEND, IN. C i~l~~i.~iT 'j\~ LEGAL DESCRIPTION That part of the Southwest Quarter, of the West Half of Section 36, Township 37 North, Range 2 East, Centre Township, St. Joseph County, Indiana which is described as follows: Beginning at a point 13.88 feet south of the southwest corner of Lot 232 of Gilmer Park Addition and the east right-of--way line of U.S. 31, also being the City limits of the City of South Bend, IN; thence east and parallel to the south line of said Lot 232 to the east line of the first north/south alley east of said U.S. 31; thence south along the east line of said north/south alley to the north right-of--way line of Pulling Street, also being the northwest corner of Lot 148 of Gilmer Park Addition; thence west along the south right- of-way line of Pulling Street to the east right-of--way line of U.S. 31, also being the City limits of the City of South Bend; thence north along said right-of--way line to the point of beginning. Fttcd i~ ~t~rt~'~ ~~€ice I,4AR 3 0 2001 ~o~ct ~~~~ r~€~an, iH Cl7Y CLEI~16, .. FiE~d to Clcrl.'s ®~#~ce ^~ ', ~ ~ '~ i~ ~ ' ,~ ~ ~~ N 1~ UI jQ ~ `u ~ .~ .o ~: v: U U ~ U Q ~ a P,4AR 3 0 2007 ~~ ~~ ~~ ~ JONPi GOORL~E CCI'1f CLERY., S0. BEhtD, IH ~~iZ ~ ~ ~ 'c~ ` '1 ' 0 ~ ,. !a ~ I `n ~~_ ~ ~ ..- ~. :~,w ~~ u ~. I tKSnh t1 r, - i l ~C y~ ~~ ~ad0 { ~ 4~ ~q y~ N~ r' .o _ e y N N 3 i i 10 I ~ - a ~ OdD ~~ Z ~$ L ~ R~ ~ _ . , ~~_.~_ r` ,~ ~!/L L /A!G Sr' ~~ I,~' ~~ ,a. ~' j1 R~ l~! ~~ ~J a ti 3 n~~ ~. z -, ~r~ f~ n n. ~ ,~ ~~ .~ a Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Bybrni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 May 16, 2007 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 The Geneva Hamilton Trust, Clifford Hamilton, POA to zone from R Single Family District and C Commercial (County) to CB Community Business District (City), property located at the northeast corner of Pulling Street and U.S. 31 South, City of South Bend - APC# 2431-07 Dear Council Members: I hereby Certify that the above referenced ordinance of The Geneva Hamilton Trust, Clifford Hamilton, POA was legally advertised on Thursday, May 3, 2007 and that the Area Plan Commission at its public hearing on Tuesday, May 15, 2007 took the following action: Upon a motion by John DeLee, being seconded by Dan Brewer and unanimously carried, the proposed ordinance and site development plan of The Geneva Hamilton Trust, Clifford Hamilton, POA to zone from R Single Family District and C Commercial (County) to CB Community Business District (City), property located at the northeast corner of Pulling Street and U.S. 31 South, City of South Bend is sent to the Common Council with a favorable recommendation. The proposed land use is compatible with the commercial uses to the west and north along U.S. 31. The rezoning is a logical expansion within the U.S. 31 commercial area. It is unlikely this property would be developed for residential purposes. Proper screening should adequately buffer the adjacent residential areas to the east. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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, C/~~. B o Y JWB:sr Attachment The Geneva Hamilton Trust, Clifford Hamilton, POA o/ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2431-07 Owner: The Geneva Hamilton Trust, Clifford Hamilton, POA Location: the northeast corner of Pulling Street and U.S. 31 South Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from R Single Family District and C Commercial (County) to CB Community Business District (City) to allow uses allowed in the CB Community Business District. Land Uses and Zoning: On site: On site is a billboard zoned R Single Family District and undeveloped property zoned C Commercial. North: To the north is an animal clinic zoned C Commercial. East: To the east are single family houses zoned R Single Family District. South: To the south across Pulling Street is undeveloped property and a church zoned R Single Family District. West: To the west across US 31 is a vacant building zoned CB Community Business District (City). District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high i.itensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 0.75 acres. There is a proposed approximately 3600 square foot building. There are 17 proposed parking spaces. The site plan shows one access point off of Pulling Street. Type B perimeter landscaping is required along the southern and eastern lot line. Variances will be required for parking within the front setbacks, as well as, an access drive within a residential buffer yard. Zoning and land use history & trends: The trend in the area is commercial. Traffic and transportation considerations: U.S. 31 has four lanes and a center turn lane. Pulling Street has two lanes. Utilities: The site will be required to connect to municipal sewer and water upon development. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Land Use Policy LU 6.1: Promote orderly and planned growth that expands outward from the current city limits. The rezoning is consistent with the comprehensive plans Land Use Policy. The Geneva Hamilton Trust, Clifford Hamilton, POA #2431-07 Page 1 of 3 Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use Map identifies the area on the east side of US 31 as a combination of low density residential and office/commercial. The proposed US 31 expressway will be located directly west of this site. The rezoning does not conflict with the Future Land Use Map. 2. Current conditions and character: There is a billboard on this site. 3. Most desirable use: The most desirable use for the property is office/commercial. 4. Conservation of property values: The surrounding residential property values may be affected by the rezoning. The required buffering and screening will help to reduce any negative effects of this rezoning. 5. Responsible development and growth: It is responsible development and growth to allow the in-fill commercial rezonings along existing 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: The proposed land use is compatible with the commercial uses to the west and north along U.S. 31. The rezoning is a logical expansion within the U.S. 31 commercial area. It is unlikely this property would be developed for residential purposes. Proper screening should adequately buffer the adjacent residential areas to the east. The Geneva Hamilton Trust, Clifford Hamilton, POA #2431-07 Page 2 of 3 hA GE q Dice ~j r-. ', R ~ ~-_ R >ti ~ ~~ GB ~ ~~___. ~ R i~ i ~~ ~ Pulling ~ ~~- ~e SF1 •,B I ~~ R ~ ~ ~-1 ~ Gilmer 3 Y ~ ~ f7 ~ ~ t R r ~ oe- r ~ R E ~~ l F! .i'. .. R Yoder Dice I P. R t t Pulling Gi Im er R R R Rezoning from: "R"SINGLE FAMILY to "CB" COMMUNITY BUSINESS Zoning Key CO UNTY"R" S 1NGLE F.AM ILY COUNTY"OB" 0 FFICE~BUFFER COUNTY"C"COA+MERCIAL CO UNTY"AA" MANU FACT U R IN G Il70 U ST RIAL SOUTH BEND "CB"COMMUNITY BUSINESS SOLRHBEND"GB"GENERAL BUSINESS N W E s 1 inch equals 200 feet APC # 2431-a7 The Geneva Hamilton Trust, Clifford Hamilton, POA #2431-07 Page 3 of 3 TO THE COMMON COUNCIL OF THE. CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 19-07 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, THE GENEVA HAMILTON TRUST, CLIFFORD HAMILTON, POA, NORTHEAST CORNER OF PULLING STREET AND US 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 as substituted and amended on file in the City Clerk's Office. Karen L. White Chairperson