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HomeMy WebLinkAboutAnnexing & Rezoning - 61045 U.S. 31 South - Arby'sORDINANCE No. 9253-01 Passed by the Common Council of the City of South Bend, Indiana September 10, Attest: Attest: 20 01 F Presented by me to the Mayor oft/ie City of Sot~tlt Bend, Indiana SPntPmhPr 11, 20 01 City Clerk President of Common Council Ciry Clerk September 12, Approved and signed by me 20 _ ,~~-, ~'~" /lL''`. ~~--~ Mayor ORDINANCE N0. ` ~ ~ ~~0` AN ORDINANCE OF THE COMMON COUNCIL OF THE CfiY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CfiY UMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND iN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; ARBI"S (61045 U.S. 31 SOUTH, SOUTH BEND. INDIANA 46614) A Petition for the voluntary annexation and for the zoning of 2.145 acres located in Centre Township, St Joseph County, Indiana, has been filed by one hundred percent (100X) of the owners of the land in the territory sought to be annexed and zoned. ft is the intent and purpose of this Ordinance to annex thfa territory to the City of South Bend. Indiana, and to establish a zoning district for this territory. THEREFORE BE fT 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 contlguos by more thou 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: Description Part of the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 36 North, Range 2 East, Centro Township, St Joseph County, Indiana. described as follows: Beginning at the intersection of the Westerly right of way line of U. S. Highway 31 and the Southerly right of way Ilne of Kem Road; thence North 89'-29'-04" West on the Southerly right of way line of Kem Rood, a distance of 311.00 feet; thence South 00'-18'-32" West, a distance of 294.87 feet; thence South 89'-09'-17" East. a distance of 222.81 feet to the Weatet'ly right of way Ilne of U. S. Highway 31; thence North 16'-54'-3~ East on sold West right of way line, a distance of 308.70 feet to the point of beginning. Together with the following descrbed tract: Beginning at the interaeetion of the Westerly right of way Ilne of U.S. Highway 31 and the Souther right of way Ilne of kern Road; thence Westerly on the Southerly right of way Ilne of em Rood to the Northwest corner of the above described tract; thence North to the Northerly right of way line of Kern Road; thence Easterly on the Northerly right of way line of Kern Road to the Westerly right of way Ilne of U.S. Highway 31 and the Westerly corporation Ilne of the City of South Bend; thence South on sold Westerly line to the point of beginning. The oroa of the described tract is 2.145 acres, more or less. SECTION II. That the boundaries of the City of South Bend, Indiana shall be and are hereby declared to be extended ao os to include the real estate of the above descn'bed parcel ns a part of the City of South Bend, Indiana .SECTION III. Ordinance No. 4990-68, as amended, which ordinance is commonly known as the Zoning Ordinance of the C'rty of South Bend, Indiana, be and the some hereby is amended in order that ths zoning claaaification of the above described roal estate, with the exception of all adjacent rights-of-way, la heroby established as "C' Commercial, "A" Height and Area in the City of South Bend, St. Joseph Couniy, State of Indiana; provided, however, that the requirod, established, and stated proeeduroa for review of such zoning clasaiflcatlon by the Area Plan Commisaion have been fully satisfied. .SECTION N. That the above deacnbed roal estate shall be and heroby is assigned to the sixth (6th) Couneilmonie District of the City of South Bend, Indiana. SECTION V. This Ordinance shall be to full force and effect 90 days from and offer its passage by the Common Council, approval by the Mayor and legal publication. c 2.... ~ ~~ MEMBER OF THE COMMON COU 1L 1 st READING ~ ~q r~ I PUBLIC HEARING ~'-Z.1-h` ~S S~~-~-~ia~ 3 rd READING G~...~~-8~ Q, S S ~~~ ~n~ NOT APPROVED REFERRED (~-P- ~_~_OIeS ~~~ ~ ~-~ .PASSED ~~-~~-D~ ~ti.~ Filed in Cier~'s Office ~,i,~~; 0 ~ 2001 LORETTA J. DUDA CiTY CLERIC, 80. BEND, !N. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 58-01 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 CERTAIN LAND IN CENTRE TOWNSHIP CONTIGUOUS THEREWITH; ARBY'S 61045 U.S. 31 SOUTH, 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 as substituted by adding Arby's to the title. Andrew Udjak Chairman e~ PETI'TI'OI~T FOR THE VOL 1NTAR V a~~Y a ~rrn~T INTO and 7pNIN OF . ,alvrrFxF L Nn. IN THE CITY F 0 rru BEND IlVDIANA Y (We) tha undersigned, make application to trio Conorrwn Council of the City of South Bead, Tudiana, for the voluatuy ann. ~>~ of land to the City of South Bend, Tndiar~, and for the zoning of that land is Centre 'T'ownship, St. ~P »y> Iodi2uoa, rood no. support of which Petition alle8as) ~ affirm(s) as follows: l) I (We) am/are the owners) (hereinafter "petitioner" or "petitioners") of a parcel of lamd r~oote particularly described is Exhibit "A". 2) . Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be grouted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least (CHECK ON)r): .~„• a. fifty-one percent (S 190) of the owners of the land in the territory sought to be awuxed; OR ._ b. the owners of seventy-iivc pcrcont (75°r6) of the total assessed valua of the land foz ProP~Y ~ Purposes. 4) S) 6) 'T'he property sought to be annexed anal rezoned is located at: 61045 U.S. 31 South South Bead, Indiana 46614 That the name and address of the property owner(s) of the petition site is/are: RLBI, LLC 3510 Park Place Mishawaka, Indiana 46545 Pyramid Properties, Inc. 2922 Oriole Trail Long Beach, Indiana 46360 That tht nartte and address of the contingent purchaser(s), if aplrlicable, isJaze: N/A • q) '~ pal ~ 2.145 acros in size and currently has the following use(s) on it: Convenience Stare Gasoline Station 8) Tt is desired and requested that the petition site be rezoned Prom: "C" Cottrt~xcial, unincorporated St. Joseph County ._ .•To; "C" Commercial, "A" Height and Area, City of South Bend, St. Joseph County, State of Indiana for the following uses: Convenience Store Gasoline Station Car Wash Fast Food Restaurant with Drive-through v~ PETITION FOR TI3E YOLUNT,~RY ANNEXATION ~_ 'O a.~d 'T_I~F~ONJNG OF THE ANNEXED L ND IN Tl^TE CITY OF S0~1Ti~_RF.T~17, INDIANA - - (Cont.) ~~ - 9) ')"he following information has been. submirted with the Petition: a) I. a legal. description of the property, titled as ,Cxl~ibit ",~ "; 2. a list of. names and addresses of all property awne:rs, along wit7~. the tax key numbers for all properties, withia 300 feet of the petition property; ' 3. six (G) sift plans; 4. addressed, stamped envelopes for all property owners within 300 feet of the petition. property. b) By signing this petition, I and any contingent purelaaser undcrstarod that il'the Council approves this peti.don to annex aad zoae, it maybe approved subject to the submittal of a final site plan. A Seal site plan must be submitted to and approved by the Area Flan Cornmissi.on 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 submzt a final site plan. or obtain a building permit within the specified time period, causes the ~.oning of the petitioned property to revert to the "A" ~Sideol4.aI"A'' H~"1~I1t !~L AfCa 7A1L11¢ c1aCCi~ratinn, Under certain. conditions, a time extension on the submittal of the final site pl.sit! may be requested. 10) The signature(s) o£aIl property ownct(s), 7 \' Signed• Ri-c tl L. Best, Managing Member Address: RLB1 , LLC 3510 Park Place Mi slLwaka , Indiana 46545 or Attorney for all property own.er(s) Sued: Tony M ri, President Address: P r d Pro erties Inc. 2922 Oriole Trail Lon, arh~ Tndi na 46360 Phone Number: (~1 ~) 277-7540 Signed: Address: Phone Number: (219) 878-9677 Sigxred: Address: Phone Number: Phone Number: l I) Name, Address & Phone Number of Contact Pcrson/Freparer (Please print): Edward M. Fisher 305 East Third Street . Mishawaka, Indiana 46544 (219) 255-8377 f /sl:ared/lmaglioz/wndata/annex/forn~s/zonaxord I/98 5..,. ~ , ; f-; (~~ ~ t Exhibit "A" Description Part of the Northeast 1 /4 of the Northeast 1 /4 of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County. Indiana. described as follows: Beginning at the intersection of the Westerly right of way line of U. S. Highway 31 and the Southerly right of way line of Kern Road; thence North 89'29'-04" West on the Southerly right of way line of Kern Road, a distance of 311.00 feet; thence South 00'-18'-32" West, a distance of 294.87 feet; thence S89'-09'-17" East, a distance of 222.81 feet to the Westerly right of way line of U. S. Highway 31; thence North 16'-54'-34" East on said West right of way line, a distance of 308.70 feet to the point of beginning. Subject to legal highways, easements and restrictions of record. The area of the described tract is 1.811 acres, more or less. Jug o :~ zoo. 1.0.".Lt~'a JiC'.~~:.: CETY C:~ ^;-„ err. ~ ~.:?, E` ` r,, f:_:_~_ _ :.:~. 4 ~ ~;:t; ~9TY CLGF7Z~;, vCi. ~P.:?, 0:.. Ralph & Judith A. Jernigan 61121 US 31 South South Bend, Indiana 46614 01-1051 1357 William L. & Barbara L. Summers 61135 US 31 South South Bend, Indiana 46614 01-1051 1358 Robert A. & Marlene J. Stevens 61099 US 31 South South Bend, Indiana 46614 01-1051 1356 Omar Oudghiri 61087 US 31 South South Bend, Indiana 46614 01-1051 1355 David Kenneth & Harriet A. Mikel 20150 Kern Road South Bend, Indiana 46614 01-1051 135302 George W. & Geraldine Frick 19227 Currant Road South Bend, Indiana 46614 01-1051 135401 Kevin & Lisa Neese 61132 US 31 South South Bend, Indiana 46614 01-1049 1277 James C. & Renee A. Hall 61120 US 31 South South Bend, Indiana 46614 01-1049 1278 Dale K. & Sharon A. Kimble 61110 US 31 South South Bend, Indiana 46614 01-1049 1279 Paul C. Woodcox 61098 US 31 South South Bend, Indiana 46614 01-1049 1280 Linda J. Finn 61078 US 31 South South Bend, Indiana 46614 01-1049 1281 Kenneth J. & Margaret A. Strasser 52772 Juniper Road South Bend, Indiana 46637 01-1049 1282 Michael D. & Ellen L. Upp 61056 US 31 South South Bend, Indiana 46614 01-1049 1283 Richard A. & Lila L. Grant 61044 Michigan Street South South Bend, Indiana 46614 01-1049 1284 Michael E. Kahle Sr. 61024 US 31 South South Bend, Indiana 46614 01-1049 1285 Michael E. Kahle Sr. 61024 US 31 South South Bend, Indiana 46614 01-1049 1291 Elwood L. & Minnie Cripe 19971 Southland Avenue South Bend, Indian 46614 01-1049 1288 Centre Township Volunteer Fire Dept. 20320 Pearl Street South Bend, Indiana 46614 01-1065 2015 Dale W. Christner P.O. Box 1750 Marion, Indiana 46952 01-1065 2016 Herbert L. & Patsy L. Crone 20121 Kern Road South Bend, Indiana 46614 01-1017 036603 Mark J. & Linda E. Malstaff 60981 US 31 South South Bend, Indiana 46614 01-1017 036901 __ Mark J. & Linda E. Mals ' 60981 US 31 South South Bend, Indiana 466 4 01-1017 0369 Ranjan J. Amin 60971 US 31 South South Bend, Indiana 46614 011017 0368 9 . ~ s' p' ~ ,~~~_ ~`~ ?_OOa ~~L4d;~t'Fi~.l. CfSrJ~w VII • Y~2=Cl-iy vi/~ L.:w~.V~~ii -~ - • ~ 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 August 22, 2001 The Honorable Common Council City of South Bend County City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of RLB1, LLC and Pyramid Properties, Inc. to zone from "C" Commercial (County) to "C" Commercial, "A" Height and Area, property located at 61045 U.S. 31 South, City of South Bend - APC #2088-O1 Dear Council Members: The above referenced ordinance and site developpment plan of RLB1, LLC and Pyramid Properties, Inc. was legally advertised August 9, 2001. The Area Plan Commission at its public hearing on August 21, 2001, took the following action: Upon a .motion by John DeLee, being seconded b Garyy Gilot and unanimously carried, the proposed ordinance and site development pplan ofyRLBl, LLC and Pyramid Properties, Inc. to zone from "C" Commercial (County) to "C" Commercial, "A" Height and Area, property located at 61045 U.S. 31 South, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. Approving this petition will result in a commercial classification in the City similar to what this property had in the County. 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. Siz~c ely~ ~r~ Robert W. Sante RWS;sr Attachment CC: RLB1, LLC and Pyramid Properties, Inc. CC: Pyramid Properties, Inc. CC: Edward M. Fisher Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana :, STAFF REPORT August 13, 2001 RLB1 LLC and Pyramid Properties, Inc. 2088-01 Location: 61045 U.S. 31 South City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial (County) to "C" Commercial, "A" Height and Area to allow a fast food restaurant with drive thru, convenience store, gasoline station and a car wash. EXISTING LAND USE: The property currently contains a fast food restaurant with drive thru, convenience store, gasoline station and a car wash in the construction stage. SURROUNDING LAND USE AND ZONING: Located to the north across Kern Road are commercial businesses in the County zoned "C" Commercial; to the east across U.S. 31 in the City of South Bend is a commercial business zoned "C" Commercial, "C" Height and Area and single-family homes zoned "A" Residential, "A" Height and Area; and to the south and west in the County are single family homes zoned "R" Residential. ACCESS: Access to the site is from Kern Road and U.S. 31. 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 1.82 acres. Of that, the buildings will occupy 7,555 square feet or 9 percent of the site; the parking and drives will occupy 1.10 acres or 61 percent of the site; and 23,575 square feet or 30 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 final. AGENCY COMMENTS: 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, as tendered. Approving this petition will result in commercial classification in the City similar to what this property had in the County. Map 1 ARBY'S ANNEXATION AREA Key: ® Annexation Area © City Limits Prepared by the Division of Community Development, City of South Bend, IN