HomeMy WebLinkAboutRezoning - 1615 Portage AvenueORDINANCE No. s~o, ~_
Passed by the Common Council of the Ciry of South Bend, Indiana
January 28,
Attest:
Attest:
20 02
Presented by me to the Mayor of the City of South Bend, Indiana
~a~uat3%3~- 20 ~2
Ciry Clerk
President of Common Cozzncil
Ciry Clerk
Approved and signed by me January 30, 20 02
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ORDINANCE NO. ~~ I
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR THE CITY OF SOUTH BEND, INDIANA, AS AMENDED
FOR PROPERTY LOCATED AT 1615 PORTAGE AVENUE IN THE CITY OF SOUTH BEND,
INDIANA.
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA:
SECTION I. 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:
PARCEL I.
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: LOTS 7 THROUGH 20 AND THE VACATED 14 FT. WIDE ALLEY ADJACENT TO
SAID LOTS, ALL AS BEING SHOWN ON THE PLAT OF "MORRIS PARK ADDITION" AS RECORDED
IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 1.68 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL, "A" HEIGHT & AREA
SECTION II. 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.
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
115-01 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR THE CITY OF SOUTH BEND, INDIANA, AS
AMENDED FOR PROPERTY LOCATED AT 1615 PORTAGE
AVENUE IN THE CITY OF SOUTH BEND, INDIANA
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.
Karl King
Chairman
DATE FILED
DATE RECEIVED BY AREA PLAN COMMISSION
APPLICATION N0.
I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED.
1). THE PROPERTY SOUGHT TO
1615 PORTAGE AVENUE
SOUTH BEND, INDIANA
BE REZONED IS LOCATED AT:
46628
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
PULLMAN BANK & TRUST COMPANY
3930 EDISON LAKES PARKWAY
MISHAWAKA, INDIANA 46545
PHONE NUMBER (219) 273-4444.
3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE:
N.A.
4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED
FROM "C-1" COMMERCIAL, "A" HEIGHT & AREA
TO "C" COMMERCIAL, "A" HEIGHT & AREA
5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). FAMILY VIDEO SALES & RENTAL FACILITY.
6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) A LIST OF
NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL
PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; (C) SIX (6) SITE PLANS;
AND (D) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF
THE PETITION PROPERTY.
7). BY SIGNING THIS PETITION, I AND ANY CONTINGENT PURCHASER UNDERSTAND THAT IF
THE COUNCIL APPROVES THIS PETITION TO REZONE, IT MAY BE APPROVED SUBJECT TO THE
SUBMITTAL OF A FINAL SITE PLAN. A FINAL SITE PLAN MUST BE SUBMITTED TO AND
APPROVED BY THE AREA PLAN COMMISSION WITHIN ONE (1) YEAR OF THE COUNCIL'S
ACTION. IN ADDITION, A BUILDING PERMIT MUST BE ISSUED FOR THE USE INDICATED ON
THE PETITION WITHIN ONE YEAR FOLLOWING THE APPROVAL OF THE FINAL SITE PLAN.
FAILURE TO SUBMIT A FINAL SITE PLAN OR OBTAIN A BUILDING PERMIT WITHIN THE
SPECIFIED TIME PERIOD, CAUSES THE ZONING OF THE PETITIONED PROPERTY TO REVERT
TO THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME
EXTENSION ON THE SUBMITT OF THE FINAL SITE PLAN MAY BE REQUESTED.
~~~/
SIGNED, ~
REPRESENTATIVE FOR PULLMAN BANK
& TRUST COMPANY
PETITIONED PREPARED BY AND CONTACT PERSON:
DANCH, HARNER & ASSOCIATES
2422 VIRIDIAN DRIVE, SUITE 201
SOUTH BEND, INDIANA 46628
PHONE NUMBER (219)-234-4003
PAUL E. ZEDIKER
Sr. Vice President
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LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 38 NORTH, RANGE 2
EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: LOTS 7 THROUGH 20 AND THE VACATED 14 FT. WIDE ALLEY ADJACENT TO
SAID LOTS, ALL AS BEING SHOWN ON THE PLAT OF "MORRIS PARK ADDITION" AS RECORDED
IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 1.68 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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LOSI€tTTA J. CU~Y.9
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~-~ Uanch, i-/arner ~ ~1 ssociates, Inc.
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
DANIEL W. AKIN, P.E., L.S.
Land Surveyors Professional Engineers
Landscape Architects Land Planners
Honorable Members of the City of November 6, 2001
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Rezoning Petition for Pullman Bank & Trust Company
for property at 1615 Portage Avenue, South Bend, Indiana:
Dear Council Members:
Our clients are requesting the Rezoning of their property at 1615
Portage Avenue, South Bend, Indiana to allow for the construction of a
Family Video Sales and Rental facility. The existing Bank building,
which has been vacant for the past several years, is proposed to be
removed to make room for the new facility which will be oriented
towards Portage Avenue. The new building will have extensive
landscaping added to create a buffer between the proposed commercial
use and the existing residential neighborhood to the north and west of
the site.
Our clients believe the proposed facility will be an acceptable
reuse of a vacant commercial parcel and will compliment other existing
mixed commercial uses for this Portage Avenue neighborhood.
If you have any questions concerning this matter, please feel free to
give me a call at 234-4003.
File # 010455 Lewp Md Disk # 125
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2422 Vridian Drive, Suite 201 ^ South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103
office 219/234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 office 6161471-3010 ^ Fax 616/471-7237
riicnael ~ . uancn
President
Danch, Harner & Associates, Inc.
Property Owners
within 300'
Arlene Taylor
1417 King St.
South Bend, 1N. 46628
Tax Key # 18 2159 5863
Michael John Regan
1122 Windy Bluff Dr.
Clermont, FL.
Tax Key # 18 2159 5862
Joseph A. and H.I. Pilger
1522 Bulla Ave.
South Bend, IN. 46628
Tax Key # 18 2159 5861
John Edward and Helen T. Bartoszek
1518 Bulla St.
South Bend, IN. 46628
Tax Key # 18 2159 5860
James C. and Etal Borden
1222 White Oak Dr.
South Bend, IN. 46617
Tax Key # 18 2182 6791
Chunye H. Kravig
25967 State Road 2
South Bend, ]N. 46619
Tax Key # 18 2182 6797
OC Properties LLC.
P.O. Box 50
Osceola, IN. 46561
Tax Key # 18 2182 6793
Tony Magaldi
3918 Harrison Creek Ct
Mishawaka, IN. 46544
Tax Key # 18 2165 6027
Jeffrey and Sarah Cox
1250 Queen St.
South Bend, IN. 46616
Tax Key # 18 2165 6029
Saint Joseph's Care Group Inc.
801 E. Lasalle
South Bend, IN. 46617
Tax Key # 18 2164 6009
Clark Courtney
1514 Bulla St.
South Bend, IN. 46628
Tax Key # 18 2159 5859
Chunye H. Kravig
25967 State Rd. 2
South Bend, IN. 46619
Tax Key # 18 2182 6796
Roy R and Barbara Farmer
3333 S. 93rd
Milwaukee, WI. 53201
Tax Key # 18 2182 6795
James E. Hendricks
2750 Miami St.
South Bend, IN, 46614
Tax Key # 18 2182 6792
Richard K. and Louise E. Lauer
3450 Creekwater Lane
South Bend, IN. 46635
Tax Key # 18 2165 6025
Lawrence W. & Merrie L. Dieckmann
1238 Queen St.
South Bend, IN. 46616
Tax Key # 18 2165 6030
City of South Bend
Tax Key # 18 2164 6007
Mark A. and Kathleen IV1. Lybazger
1517 Anderson St. '
South Bend, In. 46614
Tax Key # 18 2182 6790
Ray F. Mrozinski and Chunye H. Kravig
25967 State Road 2
South Bend, IN. 46619
Tax Key # 18 2182 679501
James C. Borden and Joan C. West
1222 White Oak Dr.
South Bend, IN. 46617
Tax Key # 18 2182 6794
James W. and Leora J. Clazk
14595 E. Erie Rd.
Albion, MI. 49224
Tax Key # 18 2165 6042
Dennis Howell
69599 Elm Rd.
Bremen, IN. 46506
Tax Key # 18 2165 6026
James W. Clazk
14595 E. Erie Rd.
Albion, MI. 49224
Tax Key # 18 2165 6045
Carole J. and Alexandrowicz Moats
1305 Queen St.
South Bend, In .46616
Tax Key # 18 2164 6010
Charles E. Jr. and Frances M. Shamory RG. and Evelyn V. Cotton Edward L. and Chandra K. Antisdel
1301 Queen St. 1251 Queen St. 2395 W. Bertrand
South Bend, IN. 46616 South Bend, IN. 46616 Niles, ML 49120
Tax Key # 18 2164 6011 Tax Key # 18 2164 6012 Tax Key # 18 2164 6013
Richard Edmond Landgraf Jr. Bobby and Beatrice Kelly Tony Nelund
53652 I-Tickory Ln. 1309 Prairie St. 128 Niles Ave.
Elkhart, IN. 46514 Elkhart, IN. 46516 Mishawaka, IN. 46545
Tax Key # 18 2164 6000 Tax Key # 18 2164 6001 Tax Key # 18 2164 6002
Martin R and Lorraine C. Kopinski Charles and Iiildebrand Forester Bruce and Suzanne Merie Michaels
73 Beach Rd. 1250 Kinyon St. 53240 Catalina Ct.
Hampton, VA. 23664 South Bend, IN. 46616 South Bend, IN. 46635
Tax Key # 18 2164 6003 Tax Key # 18 2164 6004 Tax Key # 18 2164 5999
Bruce and Suzamie Merie Michaels William E. Melton Marcheta J. Rembold
53240 Catalina Ct. 1251 Kinyon St. 1644 Portage Ave.
South Bend, IN. 46635 South Bend, IN. 46616 South Bend, IN. 46616
Tax Key # 18 2164 5998 Tax Key # 18 2110 406001 Tax Key # 18 2110 4060
Richard M. and Marcheta J. Rembold Policarpio and Ramona Navarrette Christina M.Rairigh
1644 Portage 1648 Portage Ave. 1654 Portage Ave.
South Bend, IN. 46616 South Bend, IN. 46616 South Bend, In. 46616
Tax Key # 18 2110 4059 Tax Key # 18 2110 405901 Tax Key # 18 2140 5230
Rex A. Sr. and Vicki A. Brown Kathleen A. Jaroszewski James C. and Dorathea M. Felder
1408 Kessler Pl. 1414 Kessler Pl. 1637 Portage Ave.
South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46616
Tax Key # 18 2140 5232 Tax Key # 18 2140 5231 Tax Key # 18 2180 6752
James C. and Doathea M. Felder John E. and Constance G. Jankowski Joseph B. and Jeanette L. Walker
2637 Portage Ave. 1641 Portage 1647 Portage Ave.
South Bend, IN. 46616 South Bend, IN. 46616 South Bend, IN. 46616
Tax Key # 18 2180 6748 Tax Key # 18 2180 6744 Tax Key # 18 2180 6740
Michael T. and Cynthia M. Hayes Phillip J. and Michael T. Hayes Paul D. and Donna R Priebe
849 Webster Ave. 56082 Hoosier Ave. 1702 Anderson St.
Chicago, IL. 60614 Mishawaka, IN. 46545 South Bend, IN. 46628
Tax Key # 18 2180 6737 Tax Key # 18 2180 6734 Tax Key # 18 2180 6747
Roland G. and Sharon Buscoe
Donald John and Alesia Irene Brubaker Raymond Waldman 1416 Keller
1706 Anderson 1708 Anderson ~~ Banff IN. 46628
South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 18 2180 6733
Tax Key # 18 2180 6743 Tax Key # 18 2180 6739
Ray Lee Aldridge
Lucille A. Hammes Lawrence S. and Vickie L. Pauwels 1715 Anderson St.
1927 New London Ct. 222 Bastogne South Bend, IN. 46615
South Bend, IN. 46637 Mishawaka, IN. 46545 Tax Key # 18 2180 6738
Tax Key # 18 2180 6732 Tax Key # 18 2180 6735
Michael P, and Catherine E. Coleman Earl R and Pauline D. Langwell Earl R and Pauline D. Langwell
1709 Anderson 1701 Anderson St. 1701 Anderson St.
South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628
Tax Key # 18 2180 6742 Tax Key # 18 2180 6746 Tax Key # 18 2180 6750
Jackie C. and Roxann Ford
1710 Medora St.
South Bend, IN. 46628
Tax Key # 18 2180 6741
Steven J. Moerlein
1701 Portage Ave.
South Bend, IN. 46628
Tax Key # 18 2128 4780
Steve Skibins
1618 Medora St.
South Bend, IN. 46628
Tax Key # 18 2181 6766
Kevin Anthony and Lee Hall
1606 Medora
South Bend, IN. 46628
Tax Key # 18 2181 6781
James E. and Loretta M. Burnham
12833 Darlene Ct.
Granger, IN. 46530
Tax Key # 18 21816756
Margie Dennard
1615 Anderson Ave.
South Bend, IN.
Tax Key # 18 2181 6777
El Buen Vecino Inc.
404 S. Walnut St.
South Bend, IN. 46619
Tax Key # 18 2181 6787
Edith L. Becker Alma L. Klinedinst
1702 Medora St. 1706 Medora
South Bend, 1N. 46628 South Bend, IN. 46628
Tax Key # 18 2180 6749 Tax Key # 18 2180 6745
Deanna M. Horvath Raymond E. Davis
1518 Kinyon 1622 Medora St.
South Bend, 1N. 46628 South Bend, IN. 46628
Tax Key # 18 2181 6754 Tax Key # 18 2181 6763
Michael J. Wegner Andrew Yoder
1614 Medora 1610 Medora
South Bend, IN. 46628 South Bend, IN. 46628
Tax Key # 18 2181 6771 Tax Key #18 2181 6776
James L. and Doris J. Clark Thomas A. Pennino
1017 Whiteoak Dr. 320 Ostemo Pl.
South Bend, IN. 46617 South Bend, IN. 46617
Tax Key # 18 2181 6786 Tax Key # 18 2181 6755
Thomas M. Jr, and Elanine F. Abell Marilynn J. Maternowski
1502 Kinyon St. 726 Beale St.
South Bend, IN 46628 South Bend, IN. 46616
Tax Key # 18 2181 6757 Tax Key # 18 2181 6767
Margie Dennard Suzanne M. Ornat
1615 Anderson Ave. 1605 Anderson Ave.
South Bend,1N. 46628 South Bend, IN. 46628
Tax Key # 18 2181 6772 Tax Key # 18 2181 6782
Pullman Bank and Trust Company
3930 Edison Lakes Pkwy.
Mishawaka, IN. 46545
Tax Key # 18 2181 6779
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Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 219 235-9571 Fax 219 235-9813
December 19, 2001
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A pproposed ordinance and site development plan of Pullman Bank & Trust Company to zone
from "C-1 Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area,
property located at 1615 Portage Avenue, City of South Bend - APC #2114-01
Dear Council Members:
The above referenced ordinance and site development plan of Pullman Bank & Trust Company
was legally advertised December 6, 2001. The Area Plan Commission at its public hearing on
December 18, 2001, took the following action: .
Upon a motion by John DeLee, bein seconded by Charlotte Sobel and unanimousl carried the
Rropposed ordinance and site developwent plan of Pullman Bank & Trust Company to zone frrom
C-1" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property
located at 1615 Portage Avenue, City of South Bend is sent to the Common Council with a
favorable recommendation, subject to a final site development plan. Since the previous rezoning
was denied, this site has been vacant and continues to deteriorate. This rezoning would provide a
retail facility that would be of service to the neighborhood.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the minutes of the public heanng, 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.
Si e ,
obert W. Sante
RWS:sr
Attachment
CC: Pullman Bank & Trust Company
CC: Danch, Harner & Associates
Filed in ~lerco's Office
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Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
STAFF REPORT December 10, 2001
Pullman Bank & Trust COmAanv 2114-01
Location: 1615 Portage Avenue
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "C-1" Commercial, "A" Height and Area to
"C" Commercial, "A" Height and Area to allow a
video sales and rental facility .
EXISTING LAND USE: The property currently contians a vacant bank
building.
SURROUNDING LAND USE AND ZONING: Located to the north is an office and
single-family homes zoned "B" Residential, "A"
height and area and single-family homes zoned
"A" Residential, "A" height and area; to the
east are single-family homes, offices and a
fire station zoned "B" Residential, "A" height
and area and "C" Commercial, "D" height and
area; to the south are commercial businesses
zoned "C" Commercial, "D" height and area and
a parking lot zoned "A" Residential, "A"
height and area; and to the west are
single-family homes zoned."A" Residential, "A"
height and area.
ACCESS: Access to the site is from Portage Avenue,
Kinyon Street and Bulla St.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site.
DRAINAGE: The drainage has been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 1.68 acres.
Of that, the buildings will occupy 7,108
square feet, or 10 percent of the site; the
parking and drives will occupy 33,796 square
feet, or 46 percent of the site; and 32,277
square feet or 44 percent of the site will
remain as open space.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, flood hazards, wetlands or
,environmental hazard areas are present.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: In 1996 this property was petitioned for a
zone change from "C-1" Commercial to "C"
Commercial to allow video sales and rental and
sales. That petition was denied.
PRELIMINARY
STAFF RECOMMENDATION: Based on information available prior to the
public hearing, the staff recommends that this
petition be sent to the Common Council with a
favorable recommendation, subject to a final
site development plan. Since the previous
rezoning was denied, this site has been vacant
and continues to deteriorate. This rezoning
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REZONING FROM: °C1 ° COMMERCIAL, "A" HEIGHT 8~ AREA,
T0: "C° COMMERCIAL, "F" HEIGHT 8~ AREA N
SOUTH BEND EXISTING ZONING APC # 2114-01
°A" RESIDENTIAL ~~ o ioo zoo aoo ~
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°C" COMMERCIAL ~~ Graphic Scale
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°D° LIGHT INDUSTRIAL ~~ PETITION AREA ~
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Petition Area Looking West
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