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HomeMy WebLinkAboutAnnexing & Amending the Zoning Ordinance 32530 S.R. 2, 56575, 56589, 56605 Mayflower Road, 23562, 23580 Huron St. and 56546, 56576, 65686, 56660 Hollywood Blvd. ORDINANCE No . 1037545 Passed by the Common Council of the City of South Bend, Indiana October 12, 20 15 Attest: !` _ City Clerk JOHN VOORDE Attest: ! President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 13, 20 15 I . a 4 - ,'/ _Asa City Clerk JOHN VOORDE Approved and signed by me 0 Lto\02/ I' / 20 ) 5 A -, S Mayne' J ORDINANCE NO. ( 0 3 )1-I S 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 PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT# 6, FOR 23530 S.R. #2, 56575, 56589, 56605 MAYFLOWER ROAD, 23562, 23580 HURON STREET AND 56546, 56576, 56586, 56660 HOLLYWOOD BOULEVARD, SOUTH BEND; INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and zoning of 8.93 acres more or less located in Portage Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. 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: A part of the Southwest Quarters of Section 8, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, which is described as: beginning at a point 1 foot South of the intersection of the South right-of-way line of Western Avenue extended East with the Centerline of said Mayflower Road and the existing Corporation line for the City of South Bend; thence South along said Centerline and Corporation line a distance of 598.90 feet more or less; thence West along a line which is parallel to and 10 feet North of the Centerline of Vacated Huron Street and its Easterly extension a distance of 240 feet more or less to a point which is 40 feet North of the Northeast corner of a parcel of ground identified with Tax Key Number 17- 1034-095401 in the Records of the Auditor's Office of St. Joseph County, Indiana; thence South along the East line of said Parcel and its Northerly extension a distance of 190 feet more or less to the South line of Lot # 68 in the Plat of"Grouse's Addition" as recorded in the Records of the St. Joseph County, Indiana Recorder's Office; thence West along the South line of said Lot # 68 and Lot # 54 in said Plat a distance of 389 feet more or less to a point 1 foot East of the East right-of-way line of Hollywood Boulevard; thence North parallel to and 1 foot East of said East line a distance of 610 feet more or less; thence East a distance of 139 feet more or less to the Northeast corner of a Parcel of ground identified with Tax Key Number 17-1034-0928 in the 2 records of said Auditor's Office; thence South along the East line of said Parcel a distance of 100 feet more or less to the North line of Lot # 56 in said Plat; thence East along said North line a distance of 160 feet more or less to the Southwest corner of Lot # 61 in said Plat; thence North along the West line of said Lot # 61 a distance of 269 feet more or less to a point 1 foot South of the South right-of-way line of Western Avenue; thence East parallel to and 1 foot South of said South line a distance of 330 feet more or less to the point of beginning. Containing 8.93 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 right-of-ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB Community Business 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 is and shall be subject to the written commitments as recorded in the St. Joseph County Recorder's Office. SECTION V. 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. ---.. .111111111111ke. MEMBER OF �sP OM MN COUNCIL Attest: City Clerk 3 Presented by me to the Mayor of the City of South Bend, Indiana on the L3-day of O , 2 OK- , at V. ro o'clock P- . m. City er LL l a k t ni F Approved and signed by me on the ( 3x1. day of C & ' , 2 0((, at o'clock 3� m. Mayor, Ci I Filed in Cier'-'s Office 1 st READING 1 - �j�l �/�S f,..kL ' PUBLIC HEARING -15 p tiUG 19 2015 3rd READING CO—l.L�-�Cur..5 ✓ f "7 NOT APPROVED l_i3�1� JOHN VOO.Di REFERRED ' �,` ( 1 CITY CLERK,SOUTH:.TEND,IN PASSED L U` _LL-'l f-- Qs l' NNE-u.1+4 TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 34-15 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 PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #6, FOR 23530 S.R. #2, 56575, 56589, 56605 MAYFLOWER ROAD, 23562, 23580 HURON STREET AND 56546, 56576, 56586, 56660 HOLLYWOOD BOULEVARD, 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 no recommendation due to a lack of a quorum. This bill was heard by the Zoning & Annexation Committee. Karen L. White Chairperson, Committee of the Whole ORDINANCE NO. PETITION FOR A COMBINED HEARING City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council for the voluntary annexation of land into the City of South Bend,Indiana,and for the zoning of that land as herein requested. 1) The subject property is located at: 23530 S.R.#2,56575,56589,56605 Mayflower Road,23562,23580 Huron Street and 56546, 56576, 56586,56660 Hollywood Boulevard, South Bend,Indiana 46619. 2) The property Tax Key Number(s)is/are: 17-1034-0933 17-1034-0950 17-1034-0951 17-1034-0952 17-1034-0953 17-1034-0928 17-1034-0934 17-1034-0935 17-1034-0936 17-1034-093601 17-1034-095401 3) Name and address of property owner(s)of the petition site: County Development,LLC,Attn:Edward W.Hardig-Manager 131 South Taylor Street South Bend,Indiana 46601 (574)807-0170 E-Mail Address:N/A 4) Name and address of contingent purchaser(s),if applicable: N/A E-Mail Address N/A 5) It is desired and requested that this property be rezoned: From(County): R Single Family District and C Commercial District To(City): CB Community Business District 6) This annexation and rezoning is requested to allow the following use(s): Grocery Store and Restaurant along with other permitted uses under the CB Community Business zoning classification. 7) Number of persons residing on property to be annexed:N/A 8) If applicable,a detailed description and the purpose of the variance(s)being requested: The Petitioners have owned the real estate shown on the attached site plan for the past year or so. The Petitioners desire to take the shown real estate and construct a new Grocery Store facility on the main portion of the site. There is an existing restaurant building located at the northeast corner of the site which will remain for the present time and continue in operation. The other existing residential structures will be removed. A portion of the property is also bisected by Huron Street which is a public right-of-way. As shown,the proposed Grocery Store will be located on the main portion of the site towards the west side of the property. The building will be oriented towards Mayflower Road with a parking lot in front of the building and employee parking on the south side of the site. The main access into the site will be from Mayflower Road at the southeast corner of the site. There are two existing driveway openings that will continue to be used. One is on Western Avenue and the other will be a driveway onto Mayflower at the northeast corner of the site. There is one opening planned onto Hollywood Boulevard at the southwest corner of the site. This will be limited for use by cars only and no trucks. All deliveries to the site will be from Mayflower Road or Western Avenue.The Petitioners have attempted to work with the property owner at the southeast corner of the project site. The property is being used for a Tavern, is zoned residential and appears to be a legal-non-conforming use. With the requested Vacation of Huron Street, the Petitioners have designed their site to allow for continued access to the Tavern from the north by providing a driveway between the two properties. This design will allow for the adjacent owner to continue to access parking spaces on the north side of the Tavern building that are mostly located in the public right-of-way and for any truck deliveries to the property. The design layout will also allow for patrons of the adjacent property to have access onto Mayflower Road or out to Hollywood Boulevard. The adjacent property will still have an existing driveway opening at the southeast corner of the property which gives a second access as well to Mayflower Road. At the present time the petition property is located wholly within the unincorporated area of St. Joseph County and has a mix of County zoning classifications of Single-family Residential and Commercial. The Petitioners have been working with the staff's of the Area Plan Commission, the Project Advisory Team(PAT),the Department of Community Investment and the Building Department. Based on those meetings, the Petitioners decided to bring the project site into the City of South Bend. In order to accomplish that task, several procedures are required. The first was to submit to the County Council a Petition to Vacate Huron Street from Mayflower Road on the east to Hollywood Boulevard on the west. This would allow for the present bisection of the site with a public right-of-way to be eliminated and allows for the site to be laid out efficiently for internal circulation as shown on the site plan.The project site would also be required to be annexed be to brought into the City limits. As part of annexation the project is also being requested to be rezoned to the CB Community Business District which will allow for the proposed Grocery Store use and the existing Restaurant facility. The last part of the process is to request several Variances that will allow for flexibility on the development of the property as shown but still meet the intent of the City's zoning codes. The Petitioners worked with all the parties mentioned above to create a development that is functional and will be an asset for the surrounding neighborhoods. With regards to the required Variances needed for the project, the Petitioners are requesting the following: A).From the required Minimum Residential Bufferyard of twenty(20)feet to twelve(12)feet for parking on the southeast and south property lines as shown; B).From the requirement that Outdoor seating shall not be located between a building line and a residential bufferyard to allow for outdoor seating between the south building line and the south residential bufferyard; C).From the maximum height of thirty-six(36)inches in height for a fence located in a minimum front yard to six(6)feet in height for a fence along Hollywood Boulevard; D).From the required screening of trash containers to none; E).From the requirement that trash containers not be located between the front façade of the primary building and the front lot line to allowing trash containers between the west façade of the primary building and the front(west)lot line; F).From the required"bail out"lane for drive through facilities to none; G).From the required landscaping of required perimeter yards and residential bufferyards to landscaping as shown on the site plan; H).From the required Foundation Landscaping to landscaping as shown on the site plan; I). From the required Off-Street Parking Area Screening to none on the east,west,or south parking areas; J). From the required no off-street loading between the front lot line and the front façade to allowing loading spaces between front(west)lot line and the west building facade; The Petitioners request for the Variances,are based on the following statements: A). From the required Minimum Residential Bufferyard of twenty(20) feet to twelve (12) feet for parking on the southeast and south property lines as shown. The proposed plan will have parking for employees at the southeast corner of the site. The Petitioners plan to plant dense evergreen trees along those portions of the property line to buffer the parking from the adjacent properties. The Petitioners also plan to install fencing along those property lines to limit access to the site. Approval of this variance should not have an adverse impact on surrounding properties. B).From the requirement that Outdoor seating shall not be located between a building line and a residential bufferyard to allow for outdoor seating between the south building line and the south residential bufferyard. The site as designed would have an outdoor seating area at the southeast corner of the building where the Deli will be located. This would place the outdoor seating between the south building line and the south property line. The seating will be approximately 190 feet from the south property line and will be screened from the properties to the south by evergreen trees and shrubs as well as existing vegetation. The Petitioners do not believe approval of this variance should not have a negative impact on adjacent properties. C). From the maximum height of thirty-six (36) inches in height for a fence located in a minimum front yard to six (6) feet in height for a fence along Hollywood Boulevard. The Petitioners plan to add ornamental fencing along the perimeter of the site along Hollywood Boulevard which will limit access to the proposed driveway opening. The Petitioners will also be using evergreen screening and existing vegetation to visually buffer the proposed building from the existing homes on the west side of Hollywood Boulevard.Approval of this variance should not have an adverse impact on surrounding properties. D). From the required screening of trash containers to none. The Petitioners are planning to have trash compactor units to reduce the volume of trash removed from the site. These units are incorporated into the design of the building layout.These units and any smaller trash containers would be placed against the west wall of the building. The Petitioners plan to screen the entire view of the building from the west by evergreen trees and fencing which will create a dense visual buffer from Hollywood Boulevard. Approval of this variance should not have a negative impact on adjacent properties. E). From the requirement that trash containers not be located between the front facade of the primary building and the front lot line to allowing trash containers between the west facade of the primary building and the front(west)lot line.With the layout of the building oriented towards Mayflower Road and the main parking area of the facility located on the east side of the site, the placement of the loading area and trash containers/compactors will be on the west side of the building. This site has frontage on three roads. This makes placement of the trash containers difficult not to be located between the front facade of the building (west wall) and the street. As stated, the Petitioners plan to have a dense buffer of evergreen trees and fencing along this portion of the property which will screen the trash containers from the Hollywood Boulevard. Approval of this variance should not have an adverse impact on surrounding properties. F). From the required"bail out"lane for drive through facilities to none.The drive-up window proposed on the south side of the building is strictly for coffee pick up for patrons. As this is a single menu item, the need for a bail-out lane is not required.The Petitioners do not believe approval of this variance should have a negative impact on any surrounding property. G). From the required landscaping of required perimeter yards and residential bufferyards to landscaping as shown on the site plan. The Petitioners worked with the Area Plan Commission staff to determine the amount of flexibility that could be done in the placement of perimeter landscaping on the project site to still meet the intent of the zoning ordinance. The site will have landscaping as shown which will have trees and shrubs in several locations that will help soften the project edge where it abuts streets and residential properties.Approval of this variance should not have an adverse impact on surrounding properties. H). From the required Foundation Landscaping to landscaping as shown on the site plan. The Grocery Store facility will have a few places where some landscaping can be placed, but for the most part this use does not work well with typical foundation landscaping that is used more with office development and other limited commercial uses. The Petitioners do not believe approval of this variance should have a negative impact on any surrounding property. I). From the required Off-Street Parking Area Screening to none on the east, west, or south parking areas. The Petitioners have worked with the staff to place landscaping where needed to visually break up the view for parking areas on the site. In some places the parking is set back far enough, where any impact from the street is minimal and with the placement of street trees at selected locations, increases the streetscape appearance of the site. Approval of this variance should not have an adverse impact on surrounding properties. O. From the required no off-street loading between the front lot line and the front facade to allowing loading spaces between front (west) lot line and the west building facade. This request is similar to the request for the trash containers/compactor. The Petitioners have placed the loading areas as required for the layout of the building. This places the loading areas along Hollywood Boulevard street frontage. As described above,the Petitioners are adding a dense screen of evergreens and fencing along the Hollywood street frontage which will visually buffer the loading areas from the street. The Petitioners do not believe approval of this variance should have a negative impact on any surrounding property. 9)A statement on how each of the following standards for the granting of Variances is met: The Petitioners would state that approval of the requested variances will allow for the site to be developed in a way that works with the surrounding residential and commercial uses, and for the efficient function of vehicles into and out of the site. The streetscape areas will be enhanced with ornamental fencing and a variety of landscape plantings. There will also be dense buffering along certain portions of the site to mitigate any perceived impact of the proposed use to surrounding properties. The Petitioners would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. The Petitioners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner.The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements very restricted and create a situation where owners could see a negative impact to their property. 10) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the requested Variances. 11)Application for subdivisions should be obtained from the office of the Area Plan Commission. The Petitioners do plan to Replat the shown property into a single larger lot. 12)This Petition is signed by at least(CHECK ONE): _x_a. One-hundred percent(100%)of the owners of the land in the territory sought to be annexed;OR b.Fifty-one percent(51%)of the owners of the land in the territory sought to be annexed; OR c.The owners of seventy-five percent(75%)of the total assessed value of the land to be annexed. 13) Attached,and made a part of this PETITION,is: (a) 17 copies of the site plan; (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)Addressed,stamped envelopes for all property owners within 300 feet of the petition property. 14) CONTACT PERSON: Name: Danch, Horner&Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 Phone Number with Area Code: 574-234-4003 E-mail Address: mdanch @danchharner.coin Signature(s)of All Property owner(s),or signature of Attorney for all property owner(s): L� o� W. Name: Edward Hardig, Manager for Cynty Development LLC 131 South Taylor Street South Bend,Indiana 46601 (574)807-0170 E-Mail Address:N/A Annexation Diagr [[am 5 EAST 40'+_ 1 ::::45.5 9 242.10 PUB 2 e-5043.07 • EAST L "\0'± ° o 41 247.52 24 h M. 2 WESTERN AVE. h WES 40 /N. 0 -, WCSTCRN 70 r / -r 290 -r -1 3 °-` 70 x'41 70 90 it /98 92 4,140 283.1 C Qt., n , N T Jm -0929 a . • r 5043.03 , to cx cc M ct 160 co r n I EMT 2f0'± ° ° 0 o ° L C I 283.38 44 24335 N >y 5048,09 O° Q 300 EAST 34 290 °D -09/1 it, 160't 63.095° n I ,° �`O0 �X 0 07 /35 5�-0934/ � 9/1.01 9i Q n�(V P 004.095/ ° �cp m so,�O-� II vj� QQ 6 �`s O /+ ��6 -09/2 1~O "Or 10• G5"0952 - h:s ey 2 x a 55-0935 - 1 78 �'o-'" --F=— 0> 5 ,� yr 09/2.0/ cc OGG-0953 ita - -s500 " o-` 10 ' 0 "° 300 290 /25 z..& 1 ` G o o 784 - 300 225 1 75 90 4• 200 T ' -5565 o J m 300 WEST 240'± I 783 n o n `o �7 ,�•n " -5504 J — _ 54 m s l n -0936 o I 9 0955 �o u 785503 • I GB SOUTH' /25 WEST WEST 1'± 150'± SCENIC N o la- 60'± G9-o950 as C x _-55- 70�5442B LLL , O" 0937'0/ 70 0957 SIB 413 n 1 0 300 _ „70•-5441 NORTH _ ` 0 160 4-2n9 SCALE 1"=200' J — 7=e — o 17-1073) r_ 2pa 72-0959 ,702-San: 60 A-2-rib r--- >t\- a _ - — Punch, Harper&Aodociatea, lac. alai Land Surveyors Professional Engineers 1 Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 • Fox: (574)234-4119 1643 Cofnmerce Drive • South Bend, IN 46628 0 opyng , 'uric , 'erner • soma es, nc. Annexation Diagram Annexation Legal Description: A part of the Northwest and Southwest Quarters of Section 8, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, which is described as: beginning at the intersection of the West Right-of-way line of Mayflower Road with the North right-of-way line of Western Avenue; thence East a distance of 40 feet more or less to the Centerline of said Mayflower Road and the existing Corporation line for the City of South Bend; thence South along said Centerline and Corporation line a distance of 829 feet more or less to a point of intersection of said Centerline and Corporation line with the Easterly extension of the South right-of-way line of Huron Street; thence West along said Easterly extension and South right-of- way line a distance of 240 feet more or less to the Northeast corner of a parcel of ground identified with Tax Key Number 17-1034-095401 in the Records of the Auditor's Office of St. Joseph County, Indiana; thence South along the East line of said Parcel a distance of 150 feet more or less to the South line of Lot # 68 in the Plat of"Grouse's Addition" as recorded in the Records of the St. Joseph County, Indiana Recorder's Office; thence West along the South line of said Lot# 68 and Lot# 67 in said Plat a distance of 390 feet more or less to the East right-of- way line of Hollywood Boulevard; thence continuing West a distance of 60 feet more or less to the West right-of-way line of said Hollywood Boulevard; thence North along said West line a distance of 610 feet more or less; thence East a distance of 200 feet more or less to the Northeast corner of a Parcel of ground identified with Tax Key Number 17-1034-0928 in the records of said Auditor's Office; thence South along the East line of said Parcel a distance of 100 feet more or less to the North line of Lot # 56 in said Plat; thence East along said North line a distance of 160 feet more or less to the Southwest corner of Lot # 61 in said Plat; thence North along the West line of said Lot # 61 and its' Northerly extension a distance of 474 feet more or less to the North-right-of-way line of said Western Avenue; thence East along said North line a distance of 290 feet more or less to the point of beginning. Containing 10.99 acres more or less. • KDanels, Hamner&Aeaaciiate6, Ins Land e 2 Lndscape Surveyors ArchitectsProf• Land ssional Planners Engineers 2 Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 1643 Commerce Drive • South Bend, IN 46628 ® opyng r rant , 'Diner • son o es. nc.