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HomeMy WebLinkAboutRezoning - 3915 Portage RoadORDINANCE No. 9255-01 Passed by the Common Council of the City of South Bend, Indiana September 10, Attest: Attest: 01 20 Presented by me to the Mayor of tlae Ciry of Soutlt Bend, Indiana Sept .mb .r 11, 20 01 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me September 12, 20 01 Mayrn ORDINANCE N0. \ZS~~~1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3915 PORTAGE ROAD 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, KNOWN A5 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 SOUTHWEST QUARTER OF SECTION. 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 22 WHICH IS S. 00 Q -00'-00" W., 135.00 FT. MORE OR LESS FROM THE WEST QUARTER POST OF SAID SECTION 22; THENCE N. 89° -53'-39" E., 1047.77 FT. MORE OR LE5S TO THE CENTERLINE OF PORTAGE ROAD; THENCE S. 20°-59'-50" E. ALONG SAID CENTERLINE, 332.00 FT. MORE OR LESS TO THE NORTH LINE OF THE PLAT OF "NORTHWEST MARKET SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9865715 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG SAID NORTH LINE FOR THE NEXT FOUR (4) COURSES, S. 49G -18'-13" W., 82.81 FT. AND S. 89°-25'-08" W., 857.24 FT. AND N. 00°-34'-52" W., 90.00 FT. AND S. 89°-25'-08" W., 245.63 FT. TO THE WEST LINE OF SAID SECTION 22; THENCE N. 00°-00'-00" E., 282.62 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 9.01 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 THE 1st READING ~'" ~-~ \ PUBLIC HEARING. ~~\O-~~ ? rd READING ~-~Q -0\ ~lOT APPRQVED ~-D~ F:CFERRED A •~~ 1- ~PASSEfl ~-\0-D\ (q *i (~p~~g1 ~t e~ ;~¢r~ CITY CLERr,, ~C. Q~@I~, liz"., COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 60-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3915 PORTAGE ROAD 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 Jun-29-O1 02:29P Danch, Harner & Assoc_ 219 234 4119 P_02 DATE FILED DATE RECEIVED BY AREA PLAN COMMISSION APPLICATION NO. I (WE) THE UNDERSIGNED MARE 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 ~ q't 5 PORTAGE ROAD SOUTH BEND, INDIANA BE REZONED IS LOCATED AT: 46628 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: INDIANA TRUST & INVESTMENT MANAGEMENT COMPANY, TRUSTEE OF THE UNIFIED CREDIT TRUST CREATED UNDER ARTICLE THREE OF THE WILLIAM E. KIZER 1983 REVOCABLE TRUST 3930 EDISON LAKES PARKWAY P.O. BOX 5149, MISHAWAKA, INDIANA 46546-5149 PHONE NUMBER (219) 271-0374. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL, "A" HEIGHT ~ AREA TO "C" COMMERQI,AL. "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RETAIL USES, FINANCIAL USE, & RESTAURANT W/DRIVE-THRU. 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 CLASSIFIC TION. UNDER CERTAIN CONDITIONS, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. SIGNED, ~ ~'~~'~=y~ ~ r~ TRUSTEE PETITIONED PREPARED BY AND CONTACT PERSON: DANCH, HARMER & ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 ~. ~"=i9~~ i~~ ~~~~~~ v ~~~g~~ LOF~1"i'f€i J. l7~+ CITY CL[~i~, ~~. ~EPIJ, 4"!< LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 22 WHICH IS S. 00° -00'-00" W., 135.00 FT. MORE OR LESS FROM THE WEST QUARTER POST OF SAID SECTION 22; THENCE N. 89° -53'-39" E., 1047.77 FT. MORE OR LESS TO THE CENTERLINE OF PORTAGE ROAD; THENCE S. 20°-59'-50" E. ALONG SAID CENTERLINE, 332.00 FT. MORE OR LESS TO THE NORTH LINE OF THE PLAT OF "NORTHWEST MARKET SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9865715 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG SAID NORTH LINE FOR THE NEXT FOUR (4) COURSES, S. 49° -18'-13" W., 82.81 FT. AND S. 89°-25'-08" W., 857.24 FT. AND N. 00°-34'-52" W., 90.00 FT. AND S. 89°-25'-08" W., 245.63 FT. TO THE WEST LINE OF SAID SECTION 22; THENCE N. 00°-00'-00" E., 282.62 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 9.01 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~ile~ iii C1~~~~ ~ ~~~a~~ ,~ ~~ ~ 0 ~ i00i ~~. . LCRy?YFaJ. GlJJ~. CiTX CLGFfN,, S~. t~,ri 9J, g+., PROPERTY OWNERS WITHIN 300.0' Salah M & Cynthia A. Nilal 52447 Portage Road South Bend, IN 46628 Tax Key # 04 1014 0221 Kane Properties LLC 3545 N. Bendix Drive South Bend, 1N. 46628 Tax Key # 25 1014 024004 George S. & Agnes C. Klipich 2102 S. Kendall South Bend, IN. 46613 Tax Key # 04 1051 1292 Frank J. Prusinski 52500 Partage Avenue South Bend, 1N. 46628 Tax Key #04 1051 1293 Jo Ann Nucci 52520 Portage Road South Bend, 1N. 46628 Tax Key # 04 1014 0242 Wal Mart Real Estate Business Trust 1301 SE 10th Street Bentonville, AR 72716 Tax Key #25 1014 0240 Frank J. Prusinski 52500 Portage Avenue South Bend, IN. 46628 Tax Key #04 1014 023001 William A. Geyer P.O. Box 229 Lakeville, IN. 46536 Tax Key #04 1014 024201 Portage Rd Associates 89 W. Chicago St Coldwater, MI 49036 Tax Key # 25 1014 024008 Edward Rose of Indiana P.O. Box 3015 Kalamazoo, MI.49003 Tax Key #25 1014 024303 Curtis James Investments 741 Centre View Blvd. Ft. Mitchell, KY. 41017 Tax Key #25 1014 024007 Thomas J. & Joseph M. Gast 16 Public Square North Murfreesboro, TN. 37129 Tax Key # 25 1013 022001 Girls Scouts of Singing Sands Coucil Rick E. Newman William Edwin Kizer P.O. Box 4606 4404 E. William Richardson Ct. 3930 Edison Lakes Pwky Ste 250 South Bend, 1N. 46634 South Bend, 1N. 46628 Mishawaka, IN 46545 Tax Key # 25 1013 022002 Tax Key # 25 1013 0216 Tax Key # 25 1014 0240111 , ~i~~~ ~ ~~~ ~ ~~p~~~ ,~i~l_ ~ ~ ?QQ~ LOtt~~ J. ~O CITY CtL•FiK, : O. [3~QI0. t"W, ~~ Uanch, F/arner ~ ~I ssociates, Inc. MICHAEL .1. RANCH, L.A. RON hiARNER, P.S. DANIEL W. AKIN, P.E., L. $. Honorable Members of the City of July 2, 2001 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Indiana Trust & Investment Company, Trustee of the Unified Credit Trust created under Article Three of the William E. Kizer 1983 Revocable Trust for 52525 Portage Road South Bend, Indiana: Dear Council Members: Our clients are requesting the Rezoning of their property at 341.5 Portage Road, South Bend, Indiana to allow for the development of a commercial complex which will include retail uses, a restaurant with a drive-thru and a financial facility with a drive-thru. Our clients believe the proposed small commercial development will be a compliment to the other existing commercial uses along this portion of Portage Road. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Ranch President Ranch, Horner & Associates, Inc. File # 010324 Lewp Md Disk 123 ~p~L~ i~ ~i~~~~~'~ ~~~ad~ L04Y"Y7A.l. 6'Ji3H ClTI' CLEi~~', sO. E~?~, E+~~3, Land Surveyors Professional Engineers Landscape Architects Land Planners 2422 Viridian 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 616/471-3010 ^ Fax 616/471-7237 ;fl-rea 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 develo ment plan of Indiana Trust & Investment Management Company, Trustee of the Unified Credit Tprust Created Under Article Three of the William E. Kizer 1983 Revocable Trust to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3915 Portage Road, City of South Bend - APC #2093-01 Dear Council Members: The above referenced ordinance and site development plan of Indiana Trust & Investment Management Company, Trustee of the Unified 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 McNamara, being seconded by Lloyd Taylor and unanimously carried, the proposed ordinance and site development plan of Indiana Trust & Investment Management Company, Trustee of the Unified Credit Trust Created Under Article Three of the William E. Kizer 1983 Revocable Trust to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3915 Portage Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed rezoning to "C" Commercial would be an extension of the established commercial district to the south. In the Commission's opinion, the proposed zoning and use is reasonable for this site. 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. Sinc re , G , obert W. Sante RWS: sr Attachment CC: Indiana Trust & Investment Management Company, Trustee of the Unified CC: Danch, Harner & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~~ STAFF REPORT August 13, 2001 Indiana Trust & Investment Manag ement Coinpanv Trustee of the_Unified 2093-01 Location: 3915 Portage Road City of South Bend REQUESTED 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, a financial use, and a restaurant with a drive-thru. EXISTING LAND USE: The property is currently vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes in the County zoned "R" Residential; to the east across Portage Road is a single-family home and a vacant residential structure in the County zoned "R" Residential and multi-family dwelling units zoned "B" Residential, "A" Height and Area in the City; to the south are commercial businesses zoned "C" Commercial; and to the west are industrial business zoned "D" Light Industrial, "A" height and area. ACCESS: Access to the site is from Portage Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer will be available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 8.71 acres. Of that, the buildings will occupy 1.32 acres, or 15 percent of the site; the parking and drives will occupy 5.18 acres, or 60 percent of the site; and 2.21 acres or 25 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 has commented that the acceleration lane shall be extended to meet the widened road section to the south. Providing a warrant analysis of a passing blister for northbound traffic and for the signal is also desired. The City Engineer will also require a drainage plan at the final site plan stage. 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. The proposed rezoning to "C" Commercial would be an extension of the established commercial district to the south. 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