HomeMy WebLinkAboutZoning - SW corner of Portage Ave. and Ind. Toll Rd. Right of wayORDINANCE NO. 5837 -75
Passed by the Common Council of the City of South Bend,
Clerk
IRENE K. GAMMON
of Common Council
Presented by me to the Mayor of the City of South Bend,
JUNE 10, in 75
/� City Clerk
IRENE K. GAMMON
Approved and signed by me VA�ne. /O 10Z
The SW corner of Portage Ave.
and Ind. Toll-Rd, right -of -way
ORDINANCE NO. 59,77-75-
AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68
AS AMENDED, COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA
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:
Part of the N 1/2 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 27 023138" on and along the Westerly line of Portage Road a distance of 493.93
feet; thence Southerly bearing 23 016115" 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 751186" 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 the Recorded
Plat of Portage Place Apartments; thence Northerly bearing 00 001'30" 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 a distance of 180.71' to the place of beginning; containing 4.72
acres more or less.
Subject to:
1. A 10' easement over and across the North 10' of said tract.
2. A 10' easement 5' either side of a line parallel to and 503.00' North
of the South line of said tract for maintenance and construction of a
water main.
be and the same is hereby established as a C -2 (Neighborhood Use District and C -2
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 publica-
tion.
ist READING
PUBLIC HEARING
2nd READING
NOT APPROVED
REFERRED
PASSED
4 -a( -'?S
G -9 - -7 S
6_q -'JS
PIED Iii MffiCs OFFICE
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
Tommitur 3trvmt
coo Ot (Qomuwn 00unrit of tlit (Qtig of foutl) send:
Your Committee of the Whole
to whom was referred
AN ORDINANCE AMENDING ORDINANCE NO.
4990 -68, AS AMENDED, COMMONLY KNOWN
AS THE ZONING ORDINANCE OF THE CITY
OF SOUTH BEND, INDIANA (southwest corner
of Portage Avenue and the Indiana Toll
Road right -of -way).
Respectfully report that they have examined the matter and that in their opinion the Ordinance should be
recommended favorably to the Common Council.
Odell Newburn
Chairman
I... IR... ` �V GLIB RING co.
8/5/74
PETITION TO AMEND ZONING ORDINANCE
FOR OFFICIAL USE ONLY Application No.
Date Filed with City Clerk or County Audito r
Date Received by the Area Plan Commission
NOTICE: THIS PETITION MUST BE
READ THE INSTRUCTIONS
REMAINDER OF FORM.
TYPEWRITTEN OR PRINTED IN INK.
CAREFULLY BEFORE COMPLETING
I (We), the undersigned, do hereby respectfully
and petition the Common Council of the City of South Bend
the Zoning Ordinance of the City of South Bend
hereinafter requested, and in support of this apply_
following facts are shown:
make application
to amend
as
cation, the
1. The property sought to be rezoned is located at
the Southwest corner of Portage Avenue and the Indiana Toll Road right -of -way.
2. The property is owned by Portage Place Associates
3. A legal description of the property is as follows:
Part of the N 1/2 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 27 023138" on and along
the Westerly line of Portage Road a distance of 493.93 feet; thence Southerly bearing 23 116'15"
a distance of 120 feet; thence Southerly and Westerly in an arc having a 60' radius to the
North line of a private driveway 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 the
Recorded Plat of Portage Place Apartments; thence Northerly bearing 00 001'30" 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 a distance of 180.71' to the place of beginning; containing 4.72 acres more or less.
Subject to:
1'. A 10' easement over and across the North 10' of said tract.
2. A 10' easement 5' either side of a line parallel to and 503.00' North
of the South line of said tract for maintenance and construction of a water main.
(CONTINUE ON THE REVERSE SIDE, IF NECESSARY)
6/5/74
4. It is desired and requested that the foregoing property
be rezoned
From A Residential Use and A Height and Area
District
To C -2 (Neighborhood)7se and C-2
Height and Area
District
-5.- -It is proposed that the property will be '.
� P P Y put to the following
-use and the following building (s) will be constructed (include
_ number of dwelling units if residential)
A mini -Mall containing a grocery, drug and variety store for neighborhood conven-
ience, with space provided on a second story above the variety store for possible
development of a small restaurant.
6. Number of off - street parking spaces to be provided.
306
7. Attached is a copy of (a) an existing plot plan showing my
property and other surrounding properties; (b) names and
addresses of all the individuals, firms or corporations
owning property within 300 feet of the property sought.to
be rezoned; and (c) site development plan,,and economic analysis
and traffic survey.
i
Joseph T. Helling
Crumpacker, May, Le a fearer
224 West Jefferson Boulevard
South Bend, Indiana, 46601
Portage Place Associates Bv
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Signature o£ = Petitioner s
;James J. 'Kelly, a Partnbr
1720 Wisconsin Ave. , Washington, D.C. 20007
Address
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A0a 16 875
Irene Gammon
CITY CLERK, SOUTH DENO, MD,
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The Honorable Common Council
City of South Bend
County -City Building
South Bend, IN 46601
In Re: A proposed ordinance and site development plan of
Portage Place Associates, et al, to zone from "A"
Residential, "A" Height and Area, to 11C -2"
Commercial, "A" Height and Area, property located
at the southwest corner of Portage Avenue and the
Indiana Toll Road right -of -way, City of South Bend
Gentlemen:
The attached rezoning petition of Portage Place
Associates was legally advertised May 10, and May 19, 1975.
The Area Plan Commission gave it a public hearing on May
20, 1975, at which time the following action was taken:
"Upon a motion by Dwight Miller, being seconded
by Thomas Allen and carried with John Peddycord
abstaining, the petition of Portage Place Associates,
et al, to zone from "A" Residential, "A" Height and
Area, to "C -2" Commercial, "A" Height and Area,
property located at.the southwest corner of Portage
Avenue and the Indiana Toll Road right -of -way,
City of South Bend, is returned to the Common
Council by the Area Plan Commission, with a
favorable recommendation, subject to a final site plan."
The above recommendation is made subject to a final
site plan and the preliminary site plan is attached hereto.
The deliberations of the Area Plan Commission and
points considered in arriving at the above decision are
shown in 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 the Area Plan Commission Staff Report.
RSJ /cm
CC: James J. Kelly
Joseph T. Helling
Douglas Carpenter
Very truly you ,
- tED IN CLERICS OFFICE
Richard S. Johnson,
Executive Director
MAY 211975
Irene Gammon
,CITY CLERK, SOUTH BEND, IND.
STAFF REPORT
May 13, 1975
2. C. Portage Place Associates, #412 -75
EXISTING ZONING -- SURROUNDING PROPERTY - The areas to the pouth.
and west are currently zoned "B" Residential. The
are to the north is zoned "R" Residential (County:
Zoning) and to the east "A" Residential (.City Zoning).
EXISTING LAND USE -- SURROUNDING PROPERTY
south and west are, at present,
multi- family uses. The project
Apartments. The area to the no
family and the area to the west
County Iiome.
- The areas to the
being developed for
name is Portage Place
rth is vacant and single
is the St. Joseph
SITE PLAN - The site plan proposes to construct a 16,000 square
foot single story building to be used for a grocery
store and a two story building of 23,200 square feet
to house a variety store, drug store on the first
floor and a restaurant on the second floor.
ACCESS - The access to the site will be from two curb cuts.
However, these will be from an existing private drive,
built to serve the apartment complex. No new cuts
will be built onto Portage Highway.
DRAINAGE - The storm water will be retained by a series of
1,800 gallon dry wells in accordance with City
standards.
PARKING - The South Bend City Zoning Ordinance requires 8 parking
spaces per 1,000 square feet of gross leasable area.
The project has approximately 35,000 square feet of ,
leasable area requiring 280 parking spaces and 306 spaces
are provided.
TABULATED DATA - The site contains approximately 205,600 square
feet with the building occupying 39,000 square feet,
the parking and drives using another 142,700 square
feet, and the remaining 24,000 square feet being left
in open space.
PRELIMINARY SITE PLAN - The drawing as submitted is labeled as a'
preliminary site plan, therefore, any recommendations to
the City Council must be subject to a final site plan.
AGENCY COMMENTS - Mr. Rollin E. Farrand, Director, Department of
Public Works, has indicated that City sanitary sewers and
water are available to the site. He has also noted that
Portage Place Associates, #412 -75 (cont'd) Page 2
storm sewers are available, however, if this is not
used surface water will have to be handled through
dry wells in accordance with City standards. Subject',,.
to the above comments, his office has no objections
to the rezoning.
STAFF COMMENTS - this area has been designated residential -
moderate density on the Land Use and Transportation
Plan. The requested zoning and use of the site is
not consistent with this Plan. Although.this Plan
was developed by the Area Plan Commission to act
as a guide for future development, its recommendations
are of a general nature. In considering the merits
of this rezoning request, the following items should
be considered.
1. The original site plan for the rezoning of the
apartment development included a proposed
commercial area.
2. There will be no new curb cuts onto Portage
Highway. All traffic will go through an existing`
private drive.
3. There are no other commercial areas in the
vicinity that residents of the apartment
complex could use.
4. This proposed commercial area could add high
traffic volumes to the already overloaded
Portage Highway.
PORTAGE PLACE ASSOCIATES
REZONING PETITION C -2 (Neighborhood)
LIST OF PROPERTY OWNERS WITHIN 300 FEET
1. Portage Place Apartments
3636 Newport Ave.
Fort Wayne, Ind. 46805
2. William and Mary Kizer
52525 Portage Hwy.
South Bend, Ind. 46628
3. Indiana Toll Road Commission
52551 Ash Road
Osceola, Ind. 46561
4. Board of Commissioners of
St. Joseph County
c/o County -City Building
South Bend, Ind. 46601