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HomeMy WebLinkAboutRezoning - 3500 Block of East Edison Road and the 3500 Block of East Kale StreetORDINANCE No. 9224-01 Passed by the Common Council of the City of South Bend, Indiana May 14, Attest: Attest: 20 01 Presented by me to the Mayor of the City of Soutlt Bend, Indiana May~~ 20Q~ City Clerk President of Common Council City Clerk Approved and signed by me May 16 , 20 ~~ Mayor ORDINANCE NO. 1 ~~~ ~~' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST EDISON ROAD AND THE 3500 BLOCK OF EAST KALE STREET IN THE CITY OF SOUTH BEND, INDIANA, 46615. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 4990-68, KNOWN AS THE ZONING ORDINANCE OF THE SAME HEREBY IS AMENDED IN ORDER THAT THE DESCRIBED REAL ESTATE IN THE CITY OF INDIANA: AS AMENDED, WHICH ORDINANCE IS COMMONLY CITY OF SOUTH BEND, INDIANA, BE AND THE ZONING CLASSIFICATION OF THE FOLLOWING SOUTH BEND, ST. JOSEPH COUNTY, STATE OF PARCEL I. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 1 THROUGH 10 AND 17 THROUGH 26, THE 14 FOOT WIDE VACATED EAST-WEST ALLEY ADJACENT TO SAID LOTS AND THE SOUTH 30 FEET OF THE PROPOSED VACATED KALE STREET ADJACENT TO SAID LOTS 17 THROUGH 26, ALL IN THE PLAT OF "EDISON ROAD ADDITION" AS SHOWN IN PLAT BOOK # 13 ON PAGE # 46 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 2.85 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. ~~ MEMBER OF T E C MMON COUNCIL 1st READING 3 " ~Z"0 ~ .PUBLIC HEARING S - ~ ~ 01 3rd READING S - 1 ~~^ bl NOT APPROVED REFERRED fl ,~_ 3- l z o\ PASSED S _, ~ ~ a 1 t=tted to Clerk's Offie~ t=~~?~} d €; 7.Q~~ LOgyTTA J, tttf6l:6 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 23-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST EDISON ROAD AND THE 3500 BLOCK OF EAST KALE STREET 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. Andrew Udjak Chairman REVISED 4/6/01 DATE FILED DATE RECEIVED BY AREA PLAN COMMISSION APPLICATION NO. 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 BE REZONED IS LOCATED AT: 3500 BLOCK OF EAST EDISON ROAD & THE 3500 BLOCK OF EAST KALE STREET SOUTH BEND, INDIANA 46615 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: BAUGO CREEK REALTY C/O MARK MILLER DONALD CRESSY, STEVE DEANE 3930 EDISON LAKES PARKWAY 3930 EDISON LAKES PARKWAY MISHAWAKA, INDIANA 46545 MISHAWAKA, IN 46545 (219) 271-4060 (219) 272-2870 CHARLES TREMEL 3930 EDISON LAKES PARKWAY MISHAWAKA, IN 46545 (219) 272-2870 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: BAUGO CREEK REALTY C/O MARK MILLER 3930 EDISON LAKES PARKWAY MISHAWAKA, IN 46545 (219) 271-4060. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDEN'~'TAL "A" HEIGHT & AREA TO "C" COMMERCIAL, "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RETAIL USES B). OFFICES AND A EXISTING ACCESSORY BUILDING (GARAGE). 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 ER VERT TO THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. ~-`'" - l SIGNED, RICHARD MORGAN - ATTORNEY FOR THE PETITIONERS PETITIONED PREPARED BY AND CONTACT PERSON: DANCH, HARNER & ASSOCIATES, INC. 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 Filed in Clerk's 4ffiCe AI's 9 ~ 2001 LOpBTTA J, DUDA GTYCL~RfC,80 BSiND,itl. LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 1 THROUGH 10 AND 17 THROUGH 26, THE 14 FOOT WIDE VACATED EAST-WEST ALLEY ADJACENT TO SAID LOTS AND THE SOUTH 30 FEET OF THE PROPOSED VACATED KALE STREET ADJACENT TO SAID LOTS 17 THROUGH 26, ALL IN THE PLAT OF "EDISON ROAD ADDITION" AS SHOWN IN PLAT BOOK # 13 ON PAGE # 46 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 2.85 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. FUed in Cterit's ~ffic~ ~~~~ 0 ~ 209 ~os~~rr~-~. ~~- PROPERTIT OWNERS Indiana & Michigan Electric Co. P.O. Box 24400 301 Cleveland SW Canton, OH 44701 Tax Key # 24-1001-0549 Donald & Patricia Cressy Foundation P.O. Box 837 South Bend, IN 46624 Tax Key # 29-1001-000203 Indiana & Michigan Electric Co. P.O. Box 24400 301 Cleveland SW Canton, OH 44701 Tax Key # 24-1001-0483 Agnes Lewandoski C/O Agee )-Tibshman 1 S 17 N Hickory Rd South Bend, IN 46635 Tax Key # 24-1001-0484 Lucy Wilson 5908 Landsdown Blvd South Bend, IN 46614 Tax Key # 24-1001-0487 Douglas Lingar 605 N Coquillard South Bend, 1N 46617 Tax Key # 24-1001-0490 Douglas Lingar 605 N Coquillard South Bend, IN 46617 Tax Key # 24-1001-0493 Indiana & Michigan Electric Co. P.O. Box 24400 301 Cleveland SW Canton, OH 44701 Tax Key # 24-1001-0496 Dale & Dianne Brink 15684 SR 23 Granger,lN 46530 Tax Key # 27-1069-1581 Rosemarie & John Greenlee 17796 Tally Ho Drive East South Bend, IN 46635 Tax Key # 18-5200-7713 Housing Authority of South Bend 501 S Scott St Souih Bend, 1N 46660 Tax Key # 18-5200-7708 Agnes Lewandoski C/O Agne Hibshman 1517 N Hickory Rd South Bend, ]N 46635 Tax Key # 24-1001-0485 Lucy Wilson 5908 Landsdown Blvd South Bend, IN 46614 Tax Key # 24-1001-0488 Douglas Lingar 605 N Coquillard South Bend, IN 46617 Tax Key # 24-1001-0491 Douglas Lingar 605 N Coquillard South Bend, IN 46617 Tax Key # 24-1001-0494 John Thompson & E. Monk Trustees P.O. Box 711 Dallas, TX 75221 Tax Key # 27-1001-060503 Dale & Dianne Brink 15684 SR 23 Granger, IN 46530 Tax Key # 27-1069-1582 Rosemarie & John Greenlee 17796 Tally Ho Drive East South Bend, IN 46635 Tax Key # 18-5200-7714 Andrew Peters 1334 Ebeling South Bend, IN 4661 S Tax Key # 18-5187-7203 Agnes Lewandoski C/O Agne Hibshman 1517 N I-lickory Rd South Bend, 1N 46635 Tax Key # 24-1001-0486 Douglas Lingar 605 N Coquillard South Bend, IN 46617 Tax Key # 24-1001-0489 Douglas Lingar 605 N Coquillard South Bend, IN 46617 Tax Key # 24-1001-0492 Indiana & Michigan Electric Co. P.O. Box 24400 301 Cleveland SW Canton, OH 44701 Tax Key # 24-1001-0495 Stuart & Joyce Benedict 1023 W Edison Mishawaka, IN 46545 Tax Key # 27-1001-060501 Raynard & Lisa Comer 1342 Hehnan Dr South Bend, IN 4661 S Tax Key # 18-5187-7231 Peter Taddeo P.O. Box 8195 South Bend, IN 46660 Tax Key # 18-5200-771 S Johnnie Williams 1328 Ebeling Dr South Bend, IN 4661 S Tax Key # 18-5187-7202 Elmer & Gabriella Berta Joseph & Martha Ortega Sandra Stauffer 1334 Helmen Dr 1330 Helmen 1349 Ebeling South Bend, IN 4661 S South Bend, IN 4661 S South Bend, IN 4661 S Tax Key # 18-5187-7230 Tax Key # 18-5187-7229 Tax Key # 18-5187-7206 William & Peggy Blauvelt 17631 Cobblestone Ct South Bend, IN 46635 Tax Key # 18-5187-7207 Francisco & Reins Garcia 1340 Ebeling South Bend, IN 46615 Tax Key # 18-5187-7204 Ildiko Molnar 20132 Darden Road South Bend, IN 46637 Tax Key #241001 0463 John Gichachi 1337 Ebeling Dr South Bend, IN 46615 Tax Key # 18-5187-7208 Kenneth R & Hazel N. Cole 54619 Willis Avenue South Bend, IN 46637 Tax Key #24 10010474 Willian J Blauvelt 17631 Cobblestone Court South Bend, IN 46635 Tax Key # 18 5187 7209 David Smith P.O. Box 6332 South Bend, IN 46660 Tax Key # 18-5187-7205 Hazel N. Cole 54619 Willis Avenue South Bend, 1N 46637 Tax Key #241001 0473 Hazel N Cole 54619 Willis Avenue South Bend, IN. 46637 Tax Key # 24 1001 0472 Leonard & Delores Koch Ralph C & Judith M Tremel Ralph C & Judith M Tremel 1409 I-pickory Road 332 N. Ironwood Drive 332 N. Ironwood Drive South Bend, 1N. 46635 South Bend, 1N. 46615 South Bend, IN, 46615 Tax Key # 24 1001 0471 Tax Key # 24 1001 0469 Tax Key # 24 1001 0470 fitted to Clertt'~ ®ffic~ LORs^YTA J. [3Ui1F~~~.' ~9TY~i~~3~, vim. G~:°3 , s`'? ~~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL J. RANCH, 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 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 March 4, 2001 RE: Rezoning Petition for Perrin, Molnar, Cressy, Deane, and Tremel et.al. for the 3500 Block of East Edison Road and. the 3500 Block of East Kale Street, South Bend, Indiana: Dear Council Members: Our clients are requesting the Rezoning of their property at for the 3500 Block of East Edison Road and the 3500 Block of East Kale Street, South Bend, Indiana to allow for the construction of a small retail shopping center which will include a grocery store and an office building. Our clients believe the proposed small development will be a compliment to the other existing commercial uses along this portion of East Edison Road. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Ranch r~ ~- President Ranch, Harner & Associates, Inc. File # 010143 Lewp Md Disk # 119 Flied in Clerk's ©ffice f i~~° ~ ~ 2l~Oi ~ _ s ~ns;rscrra a. ~~~ cmr c«u~. s~, ~~r'~, ?fs I 2422 Viridian Drive, Suite 201 South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 219/234-4003 ^ 800/594-4003 ^ Fax 2191234-4119 office 616/471-3010 ^ Fax 616/471-7237 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 April 18, 2001 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RED A proposed ordinance and site development plan of Bau~o~Creek Realty, et al, to zone from A Residential, A Height and Area to C Commercial, A Hei ht and Area, property located at the 3500 block of East Edison Road and the 3500 block ofgEast Kale Street, City of South Bend - APC #2068-01 Deaz Council Members: The above referenced ordinance and site development plan of Baugo Creek Realty, et al was legally advertised Apri15, 2001. The Area Plan Commission at its public heazing on April 17, 2001, took the following action: U on a motion by Charlotte Sobel, being seconded byy Gary Gilot and carried, with Robert Hawley abstaining, the proposed ordinance and site development plan of Bauggo Creek Realty, et al, to zone from ' A" Residential, "A" Height and Area to ' C" Commercial, "A" Height and Area, property located at the 3500 block of East Edison Road and the 3500 block of East Kale Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. It is the Commission's opinion that this is a suitable site for commercial development. Any further commercial expansion to the west would be limited by the presence of the electric substation. 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. Si erely, ~~ Robert W. Sante RWS:sr Attachment CC: Baugo Creek Realty, et al CC: Baugo Creek Realty CC: Danch, Hamer and Associates, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT April 9, 2001 Kenneth and Marv Perrin, et al 2068-01 Location: the 3500 block of East Edison Road City of South Bend RE UESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow retail uses, offices and an existing accessory building. EXISTING LAND USE: The property currently contains three single-family homes. SURROUNDING LAND USE AND ZONING: Located to the north is a single-family home and vacant land zoned "A" Residential, "A" height and area; to the east are single-family homes zoned "A" Residential, "A" height and area; to the south across Edison Road are single-family homes zoned "A" Residential, "A" height and area and multi-family dwelling units zoned "B" Residential, "A" height and area; to the west is an AEP substation zoned "D" Light Industrial "f" height and area. ACCESS: Access to the site is currently shown from Edison Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer will be available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 2.8 acres. Of that, the buildings will occupy .6 acres, or 21 percent of the site; the parking and drives will occupy 1.7 acres, or 61 percent of the site; and .5 acres or 18 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: The City Engineer believes that Kale Street should be developed and used as access to the property. The non-mountable barrier for the left turn lane approaching Hickory on Edison Road limits the usefulness of their eastern driveway. Engineering also commented that the nearest feasible sewer is more than 2,000 feet away. A low lift grinder pump may be needed. 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. It is the staff's STAFF REPORT April 9, 2001 opinion that this is a suitable site for commercial development. Any further commercial expansion to the west would be limited by the. presence of the electric substation. ~------------- 1 ~~~ 1 ----------- I I I -------------------1------------- CAOOT OR. 1 ____________~~~ I u ul a 1 I r____________________ I 1 I I I I I I '^ ~ i I I I I ROSE ST. I I 1 1 I 1 1 I I I 1 I ~1---- I I ~ 1 ---- V j ll i t 1 1 I I ~ CHARLES ST. I L J 1 I I I I I r--I I 1 I 1 I 1 1 1 D~~ 1 ~°~ BULLA ST. I I 1 1 I I --- I 1 I 1 1 I I I I I ; ~O~ I I 1 T. ~ I I iMOwTwA~ ~ I I I I i ~ 1 I I I~ I I I I 1 1 1 p I I ((ao~ I I I /J Sl I I l`Ji ~__L_J I`J Easa+ PETITION AREA "~• ` _ -- - ~~ ~~ ~ I 1 sa ® ® ~ ~ I 1 ., __ _ ~ ~ ~ ~~ I 1 ----- ------i I I ------1------ 1 I RE7ffOR0 g ~ REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA, TO: "C" COMMERCIAL, "A" HEIGHT & AREA (~ ~ MISHAWAKA EXISTING ZONING PETITION AREA ® ~ ~j "C-1" GENERAL COMM. O SOUTH BEND EXISTINGZONING "C-2" SHOPPING CENTER COMM. O "A" RESIDENTIAL O APC # 2068-O1 "C-4" AUTOMOBILE ORIENTED O "B" RESIDENTIAL O "C-6" LINEAR OFFICE COMM. O "D"LIGHT INDUSTRIAL 0 "C-7" AUTOMOBILE ORIENTED RESTURANT COMM. O ° 200 '0° °°° "R-1" SINGLE FAMILY RES. O ~ov~ s~~ "R-3" MULTIPLE FAMILY RES. O