HomeMy WebLinkAboutAnnexing, Amending the Zoning for Property located in Clay Township Rainbow Child Development 17316 & 17288 State Road 23ORDINANCE No. 10334 -14
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
November 10, 20 14
Presented by me to the Mayor of the City of South Bend, Indiana
November 12, 20 14
JOHN VOORDE
1
Approved and signed by me LUG Z 20
Clerk
?nt of Common Council
City Clerk
,'
ORDINANCE NO. 1033
AN ORDINANCE 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 PROPERTY LOCATED
IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4,
RAINBOW CHILD DEVELOPMENT, 17316 & 17288 STATE ROAD 23, SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 2.65 acres located in
Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in
the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to
annex this territory to the City of South Bend, Indiana, and to establish a zoning district of this
territory
THEREFORE BE IT 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 contiguous by more than 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:
Part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North, Range
3 East located in St. Joseph County, Indiana described as follows:
Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees
17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to
the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00
seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet;
thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of
State Road 23; thence continuing North 90 degrees 00 minutes 00 seconds West 123.62 feet to
the western right -of -way of State Road 23; thence North 43 degrees 16 minutes 41 seconds East
along last said right -of -way 430.58 feet; thence South 89 degrees 04 minutes 26 seconds East
121.78 feet to the eastern right -of -way of State Road 23; thence continuing South 89 degrees 04
minutes 26 seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along
said east line 390.71 feet to the Point of Beginning containing 2.65 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 so as to include the real estate of the above described parcel as a part of
the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495 -04, 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 above described real estate, with the exception of all
adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the
same is hereby established as O Office District provided, however, that the required, established,
and stated procedures for review of such zoning classification by the Area Plan Commission
have been fully satisfied.
SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
Presented by me to the Mayor of the City of South Bend, Indiana on the 1 1-*-day
of �t�w t,c✓ , 2 QI 1 , at 1'. v o'clock
Approved and signed by me on the ZXh day of /� Ja, L , 2_ "I,
at —S Sa o'clock J�.m.
Mayor Q%t e C outh B ?nd- --
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RAINBOW CITILD ANNEXATION AREA — SUBSTITUTION OF PETITIONER
IN SOUTH BEND COMMON COUNCIL ANNEXATION ORDINANCE
WHEREAS, A Petition To Annex to the City of South Bend, Indiana, certain real estate
located at 17288 and 17386 State Road 23, in St. Joseph County, Indiana ( "the Annexation
Petition') was filed on July 22, 2014 by Property 23, LLC ( "Property 23 ") with the South Bend
Common Council; and
WHEREAS, after the Annexation Petition was filed with the South Bend Common
Council, the real estate parcels for which annexation is sought were transferred on August 8,
2014 by warranty deed from Property 23 to Rainbow Rascals South Bend, LLC ( "Rainbow
Rascals'); and
WHEREAS, both Property 23 and Rainbow Rascals desire to acknowledge and confirm
that Rainbow Rascals as sole current legal owner of the real estate which is the subject of the
Annexation Petition, desires to proceed in its own name with the Annexation Petition, and that
Property 23 will no longer be party to the Annexation Petition.
Therefore, it is AGREED, STIPULATED, and CONFIRMED that:
1. Rainbow Rascals South Bend LLC ( "Rainbow Rascals ") shall be substituted in all
ways as the Petitioner for Property 23, LLC ( "Property 23 ") in the Petition for Annexation and
Zoning filed with the Common Council of the City of South Bend for the Rainbow Child
Annexation Area at 17288 and 17316 State Road 23.
2. Rainbow Rascals consents to all the terms and conditions of the Annexation Petition
and affirms its willingness to proceed with the Annexation Petition as the new sole owner of land
in the territory sought to be annexed.
3. Property 23 fully consents and agrees to this Substitution.
Signatures and Printed Names of All Property Owners or Authorized Representative:
Property 23, LLC
Printed: J0L4fn pF
Rainbow Rascals South Bend LLC
Printed:
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EXHIBIT "A"
DESCRUTION
Part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 38 North,
Range 3 East located in St. Joseph County, Indiana described as follows:
Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00 degrees
17 minutes 29 seconds East along the East Line of said Quarter Quarter Section 200.00 feet to
the Point of Beginning of the herein described parcel; thence North 90 degrees 00 minutes 00
seconds West 197.64 feet; thence North 00 degrees 00 minutes 00 seconds East 80.00 feet;
thence North 90 degrees 00 minutes 00 seconds West 143.66 feet to the eastern right -of -way of
State Road 23; thence North 43 degrees 16 minutes 41 seconds East along said right -of -way
427.88 feet; thence South 89 degrees 04 minutes 26 seconds East 49.97 feet; thence South 00
degrees 17 minutes 29 seconds West along said east line 390.71 feet to the Point of Beginning
containing 1.76 Acres more or less.
Files In er rltt -e
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Jai €alp `t,a`� "t7�
CITY CLERK, 4OU r: BEND, IN
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Adjoiner's Exhibit
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_!LTICLER-a, SOUI H BEND, IN
_ - - N� -
SERVICE REPORT CHECK LIST
Department of Law: 1) legal concerns, if any (if none, no report is required)
Public Works: 1) location, size, and capacity of sewer line(s)
2) listing of properties connected to sewer line(s)
3) any public improvements required or suggested, such as street
signs, street lighting, pavement upgrade, storm drainage
4) cost, timing, and source of funds for providing those
improvements (within 1 year for non - capital items and 3 years
for capital items)
5) a listing of properties covered by waivers
Water Works: 1) location, size, and capacity of water line
2) listing of properties connected to water line(s)
3) cost, timing, and source of funds for providing those
improvements (within 1 year for non - capital items and 3 years
for capital items)
Police Department: 1) Police Beat to be assigned
2) cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Fire Department: 1) primary and secondary fire stations to be assigned
2) cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Code Enforcement: 1) Code Enforcement Area to be assigned
2) whether comparable response time can be maintained
Area Plan: 1) current zoning of property
2) anticipated /required zoning
3) compatibility of land uses relative to city zoning
4) copies of recorded subdivision plats, if any
Admin /Finance: 1) (no report necessary for this annexation)
Environmental 1) capacity to provide solid waste service
Services: 2) cost to owner of service
3) when service can begin
County Surveyor: 1) verify accuracy of legal description
INITIAL REVIEW FACT SHEET
100% VOLUNTARY ANNEXATION
Rainbow Child Annexation Area Clay Township Prepared July 2014
A. Annexation Criteria (Minimum) Analysis Criteria Met?
1. Contiguity: At least 1/8 (12.5 %) 25.3% Yes
and
2. 100% of owners signed petition 100% Yes
and
3. a. essential City services are /can be provided Yes
b. City is able to provide services Yes
c. territory is contiguous Yes
B. General
Location: State Road 23, about 500 feet northeast of Douglas Road
Address(es): 17288 and 17316 State Road 23
Tax Key Number(s): 02- 2019 - 041101, 02- 2019 - 041103
Subdivision(s) of Record: None (17288), Standard Federal Bank Replat (17316)
Acres:
Current Net Assessment
Current Population:
Proposed Population:
Current Land Use:
Proposed Land Use:
Current Zoning:
Proposed Zoning:
Council District:
2.6
$219,900
2
0
Single - Family Residential
Day Care
"R" Single Family District, St. Joseph County
"0" Office District, City of South Bend
4th Council District
Scheduled Effective Date: December 21, 2014
Comments: Proposed Annexation Area includes the adjacent portion of the
State Road 23 right -of -way.
M.
Rainbow Child Annexation Area
Ch
9
a
ou as Dougas
Ins
NORTH
0 125 250 500 750
Q City of South Bend ® Rainbow Chit tl Annx Area
Feet
Prepared by City of South Bend Department of Community Investment July25. 2014
Legal Description
Note: Petitioner's legal description does not include the adjoining State Road 23 right -of-
way. The petitioner will be submitting a substitute ordinance with a legal description
describing an annexation area reaching the west right -of -way line of State Road 23.
Part of the Southwest Quarter of the Southeast Quarter of Section 29, Township 38 North,
Range 3 East located in St. Joseph County, Indiana described as follows:
Commencing at the Southeast Corner of said Quarter Quarter Section thence North 00
degrees 17 minutes 29 seconds East along the East Line of said Quarter Quarter Section
200.00 feet to the Point of Beginning of the herein described parcel; thence North 90
degrees 00 minutes 00 seconds West 197.64 feet; thence North 00 degrees 00 minutes 00
seconds East 80.00 feet; thence North 90 degrees 00 minutes 00 seconds West 143.66
feet to the eastern right -of -way of State Road 23; thence North 43 degrees 16 minutes 41
seconds East along said right -of -way 427.88 feet; thence South 89 degrees 04 minutes 26
seconds East 49.97 feet; thence South 00 degrees 17 minutes 29 seconds West along said
east line 390.71 feet to the Point of Beginning, containing 1.76 Acres more or less.
Proposed Schedule for Rainbow Child Annexation Area
File Date
7/23/14
1st Reading
7/28/14
Request Sent
7/28/14
Request Due
8/15/14
Fiscal Plan Done
8/29/14
Board of Public Works Agenda Session
9/4/14
Board of Public Works Hearing
9/9/14
Area Plan Commission Public Hearing
9/16/14
Board of Public Safety
9/17/14
Area Plan Commission Report to Council
9/22/14
Council Advertisement
9/26/14
Resolution to Clerk
10/22/14
2nd Reading
10/27/14
3rd Reading
11/10/14
Advertised
11/21/14
Appeal Period Start
11/21/14
Appeal Period End
12/21/14
LAWRENCE P. MAGLIOZZI
ESLCU'I IV DIRE C1 OR
AREA PLAN COMMISSION C)F ST_ JOSEPH COUNTY, IN
229 W. JEFFERSON BLVD., ROOM 1140 COUN "IY- CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 2359591
Wednesday, September 17, 2014
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of Rainbow Rascals South Bend LLC to zone from R: Single Family District (County)
to O Office District (City) property located at 17316 & 17288 State Road 23, City of South Bend - APC#
2716 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Rainbow Rascals South Bend LLC was legally advertised on
Thursday, September 04, 2014 and that the Area Plan Commission at its public hearing on Tuesday, September 16,
2014 took the following action:
Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed
ordinance of Rainbow Rascals South Bend LLC to zone from R: Single Family District (County) to O
Office District (City), property located at 17316 & 17288 State Road 23, City of South Bend, is sent to
the Common Council with a favorable recommendation. State Road 23 is a heavily traveled road
connecting South Bend and Granger. There are several non - residential uses at the intersection of State
Road 23 and Douglas Road. The uses allowed in O Office District are appropriate and compatible to the
existing surrounding uses.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
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.
Since y,
Lawrence P. Magli'o i
Attachment
CC: Rainbow Rascals South Bend LLC
Northpoint Engineering & Surveying, Inc.
I j
r .
L 1
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA, & ROSELAND
W W W. STI OS EP H CO V NTYI N DIANA. CO Ml area plan
Staff Report 9/5/2014
APC # 2716 -14
Owner: Rainbow Rascals South Bend LLC
Location: 17316 & 17288 State Road 23
Jurisdiction: City of South Bend
Public Hearing Date: 9/16/2014
Requested Action:
The petitioner is requesting a zone change from R: Single Family District (County) to O
Office District (City) and one variance.
Land Uses and Zoning:
On site: On site are two houses, set to be demolished.
North: To the north is a single family home zoned R: Single Family District
(County).
East: To the east is a single family home zoned R: Single Family District
(County) and Memorial Home Care zoned CB Community Business
District (City).
South: To the south is a bank zoned C: Commercial District (County) and vacant
land zoned CB Community Business District (City).
West: To the west is the Foundation Center with various medical offices zoned B:
Business District (County).
District Uses and Development Standards:
The O - Office District is established to promote the development of: general office uses
and complexes; professional health care uses and complexes; limited public and semi-
public uses; and, other uses which are generally compatible in physical appearance and
service requirements to office uses. The potential for the development of multifamily
dwellings is also provided. The O District is intended for areas with easy access and high
visibility from primary transportation routes.
Site Plan Description:
The building is approximately 10,000 square feet. There are 33 parking spaces. The
petitioner is seeking a variance from the required 15' parking setback to 10'. Type A:
Open landscaping is shown along State Road 23, the south, and the southern half of the
eastern boundary, adjacent to the commercial uses. Type B: Partial Screening is shown
along the north and northern half of the eastern boundary, adjacent to residential. Parking
screening is shown along State Road 23 and adjacent to residential. Foundation
landscaping, parking islands, and dumpster screening are also shown. Access is shown
across from the existing entry into the Foundation Center. However, the final driveway
must be approved by IN DOT.
Zoning and Land Use History And Trends:
The northeast corner of Douglas and State Road 23 was originally rezoned in 1985, and
addition property in 1994 to allow for parking expansion. Foundation Center was rezoned
in 1986. Memorial Home Care to the east was annexed in 2002 and rezoned in 2005. The
APC # 2716 -14 Page 1 of 3
Staff Report
9/5/2014
vacant commercial property to the south was annexed and rezoned in 2007. The bank at
the southeast corner of Douglas and State Road 23 was rezoned in 2009. There have been
several zonings to O /B: Office Buffer District along State Road 23 between Douglas and
the Toll Road over the past 10 years.
Traffic and Transportation Considerations:
State Road 23 is a 4 lane road with a center turning lane.
Utilities:
The site will be served by municipal water and sewer.
Agency Comments:
The Department of Community Investment notes rezoning to office is consistent with the
general character of the area and would provide a logical transition from the commercial
and office uses to the residential uses. The property meets the requirements for
annexation, being 25% contiguous to existing City limits. They also commented on
additional landscaping, the width and placement of the driveway, and relocating the
building in an effort to place the parking at the original 15' setback.
The Health Department has no comment since it is connecting to utilities.
The City Engineer identifies the nearest sanitary sewer being located in Douglas Road. It
is the developer's financial responsibility to make the connection to a public sewer. A
drainage plan is required. No public storm sewer is available to the site. The developer
will be required to create an erosion control plan and obtain a permit.
INDOT has approved the design of the driveway but are still considering placement.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -74 -603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with the Comprehensive Plan for South Bend and St. Joseph
County (April 2002) Goal 2: Objective B: Locate employment uses in such a manner that
conflicts with the residential land uses are minimized.
Land Use Plan:
The future land use map makes no specific recommendation for State Road 23 between
Ironwood Drive and the Indiana Toll Road.
Plan Implementation /Other Plans:
The future land use map in City Plan, South Bend Comprehensive Plan (November 2006)
identifies areas not in the City at that time as low density residential. Since that plan, the
three parcels to the south have been annexed and rezoned to CB Community Business
District.
2. Current Conditions and Character:
The intersection of Douglas and State Road 23 has a range of uses in the City of South
Bend and unincorporated St. Joseph County.
APC # 2716 -14 Page 2 of 3
Staff Report
3. Most Desirable Use:
9/5/2014
The most desirable use for properties along State Road 23 is to allow a gradual transition
to business uses while still protecting surrounding residential properties.
4. Conservation of Property Values:
With proper buffering to the north and east, the residential property value should not be
affected.
5. Responsible Development And Growth:
It is responsible development and growth to decrease the intensity of zoning from the
intersection of State Road 23 and Douglas Road, between commercial and residential uses.
Staff Comments:
This is a combined public hearing, which includes a rezoning and one variance. The
Commission will forward the rezoning to the Council with or without a recommendation
and either approve or deny the variances. The petition to rezone this property also
includes annexation.
The rezoning is from R: Single Family District (County) to O Office District (City). The
variance is from the required 15' front parking setback to 10'. The triangular shape of the
lot presents practical difficulties on how the lot can be laid out. It is the staffs opinion that
the proposed placement of the parking area, building, and play area is optimized for this
site.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved. These standards are attached and made part of the
staff report.
Recommendation:
Based on information available prior to the public hearing the staff recommends the
petition be sent to the Common Council with a favorable recommendation. The staff
recommends approval of the front yard parking variance, subject to the approval of the
rezoning.
Analysis:
State Road 23 is a heavily traveled road connecting South Bend and Granger. There are
several non - residential uses at the intersection of State Road 23 and Douglas Road. The
uses allowed in O Office District are appropriate and compatible to the existing
surrounding uses.
Hied ii P'� i;a
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CITY CLEI i�, s. l: SEND, IN
APC # 2716 -14 Page 3 of 3