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HomeMy WebLinkAboutBill 9-16 Annexing and Bringing withing the city limits of South Bend property located in Portage Township, Contiguous therewith; Councilmanic District No. 6 for 22027 State Road 23, South Bend, Indianaa IRA LAWRENCE P. MAGLIOZZI LSL('1I I IVL. DIRFC "1.01t Angela M. Smith U,P.O Di-- AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 NV. JEFFERSON BLVD., ROOM I1 +0 COU-11-Y- CI "I'I BUILDIA(;. SOUTH BEND. IND1.3N.d +06(11 (37-41 235 -9571 February 3, 2016 South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE: APC #2744 -16 — Rezoning and annexation for 22027 S.R. 23 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your February 8 Council meeting, and set it for public hearing at your April 11 Council meeting. The petition is tentatively scheduled for public hearing at the March 15 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, vxl� Matthew P. Chappuies Planner Filed in Clerk's Office F;FrEs 3 2016 1"REI+MAI-i FOWLER CITY CLERK, SOUTH REND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . S T J O S E P H C O U N T Y I N D I ANA. C O M I A R E A P L A N LAWRENCE P. MAGLIOZZI GXFCUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFLRSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BLVD, INDIANA +6601 (574 2J5 -9371 April 20, 2016 South Bend Common Council 4t' Floor, County -City Building South Bend, IN 46601 RE: Bill #09 -16 Rezoning: 22027 State Road 23 Dear Council Members: The Area Plan Commission held a public hearing on April 19, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, April 25, 2016. Ordinance & Petition Amendments: None Public Hearing Summary: There was no one present to speak in favor or against the petition. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, Matthew C ppuies Planner CC: Kathleen Cekanski- Farrand Filed in Cler S Office OR 2 0 zOls KAREEMA14 FOWLER CITY CLERK gpt1�- `-- H ?ENS. IRI SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E P H CO U N T Y I N D I ANA. C 0 MIA REAP LAN r LAWRENCE P. MAGLIOZZI I. XECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 27 W J,F ERr ON V016 ROOM 1140 COUNTY -CI IY BUILDING, SOUTH BEND, INDIANA 46601 ( 3 7 4 ) 235 -9571 Wed The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Bruno & Rosa Cataldo to zone from A: Agricultural District (County) to CB Community Business District (City), property located at 22027 State Road 23, City of South Bend - APC# 2774 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Bruno & Rosa Cataldo was legally advertised on Thursday, April 07, 2016 and that the Area Plan Commission at its public hearing on Tuesday, April 19, 2016 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Bruno & Rosa Cataldo to zone from A: Agricultural District (County) to CB Community Business District (City), property located at 22027 State Road 23, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this property to CB Community Business District will provide a logical connection between the industrial property to the east and the commercial node at the intersection of State Road 23 and the U.S. 31 bypass. 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. Sincerely v� Lawrence P. Magliozzi Attachment CC: Bruno & Rosa Cataldo Abonmarche Consultants, Inc. Filed in Clerk's Office APR 2 0 2016 KAF-IECIdIAi7 dWLER CITY ^�- .EXEC, SOUTH REND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T I O S E PH COUNTY I N D I ANA. C O M/ A R E A P L A N ORDINANCE NO. 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 DISTRCIT NO. 6, FOR 22027 STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKING TO ANNEX AND REZONE PROPERTY FROM A: AGRICULTURAL DISTRICT IN UNICORPORATED ST. JOSEPH COUNTY TO CB COMMUNITY BUSINESS DISTRICT WITHIN THE CITY OF SOUTH BEND FOR A GAS STATION, CONVENIENCE STORE, AND CB USES. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. 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 EAST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 2 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 21, 421.68 FEET NORTH OF THE CENTERLINE OF STATE ROAD 23; THENCE SOUTH 88 °24' WEST. 768.80 FEET, THENCE SOUTH, 795.81 FEET TO THE NORTHWESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 23; THENCE SOUTHEASTERLY, 175 FEET, MORE OR LESS TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF STATE ROAD 23; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY, 794 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID EAST HALF; THENCE NORTH ALONG SAID EAST LINE, 470 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 12.8 ACRES, MORE OR LESS AND SUBJECT TO EASEMENTS, COVENANTS, AND RIGHT -OF -WAY OF RECORD. 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 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 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. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. I st READING PUBLIC 3 rd NOT ,OVED -D \SSED City Clerk day of 2 , at Mayor, City of South Bend, Indiana Filed in Clerk's Office E FEB 0 3 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Staff Report 4/7/2016 APC # 2774 -16 Owner: Bruno & Rosa Cataldo Location: 22027 State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 4/19/2016 Requested Action: The petitioner is requesting a zone change from A: Agricultural District (County) to CB Community Business District (City). Land Uses and Zoning: On site: On site is a single family home and an accessory building. North: To the north is an agricultural field zoned A: Agricultural District in the County. East: To the east is a single family home zoned A: Agricultural District in the County. South: To the south across S.R. 23 are vacant lots zoned SF Single Family & Two Family District in the City of South Bend. West: To the west are agricultural fields zoned A: Agricultural District and a mini - warehousing facility zoned C: Commercial District in the County. District Uses and Development Standards: The CB - Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site Plan Description: The site plan shows a proposed integrated commercial center on 9.7 acres, including a gas station with convenience store, two drive - through restaurants, and four spec - buildings with a cumulative 60,000 square feet of commercial space. A total of 402 parking spaces are shown on the lot. The northwest corner of the site is reserved for a retention basin. Three access points are proposed along S.R. 23, which will require INDOT approval. Zoning and Land Use History And Trends: This site has been zoned Agricultural since prior to 1979. In 2000, the property to the west was rezoned to C Commercial District for mini - storage warehouses. Traffic and Transportation Considerations: S.R. 23 has two lanes that split in to 4 lanes near the west end of the property. Utilities: The site will be extending and connecting to municipal sewer and water. Agency Comments: The County Surveyor recommends approval. The City Engineer recommends approval subject to the developer extending water and sewer to the site and installing curb and APC # 2774 -16 Page 1 of 2 Staff Report 4/7/2016 sidewalk along S.R. 23. Department of Community Investment recommends approval subject to the utilization of complete streets principles (bike /ped connectivity). INDOT will require a traffic impact study to be completed at the developer's expense prior to issuance of curb cuts. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan (November 2006): Objective ED 8: Promote economic development efforts that expand the property tax base. Land Use Plan: The future land use map identifies this area for industrial growth. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The south side of S.R. 23 between the U.S. 31 Bypass and Kaley Street has developed with both multi family and single family homes on large lots. The north side has seen industrial development east of New Energy Drive since 1996, and commercial development in the form of a construction office and mini - warehousing between 1999 -2000. 3. Most Desirable Use: The most desirable use for this site is one that is compatible with this developing commercial node. 4. Conservation of Property Values: With the proper buffering, surrounding properties should not be adversely affected by the development of this site as a commercial center. 5. Responsible Development And Growth: It is responsible development and growth for this property to be zoned commercial to serve motorists from the bypass and any future development to the south. Staff Comments: This site is currently being annexed into the City of South Bend. Recommendation: Based on information available prior to the public hearing, staff recommends this petition be sent to the Common Council with a favorable recommendation. Analysis: Rezoning this property to CB Community Business District will provide a logical connection between the industrial property to the east and the commercial node at the intersection of State Road 23 and the U.S. 31 bypass. APC # 2774 -16 Page 2 of 2 Rezoning from: ST. JOSEPH COUNTY "A" AGRICULTURAL DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT N MASTER ZONING KEY COUNTY "A" AGRICULTURAL DISTRICT w Y E COUNTY "R" SINGLE F.AIMIILY DISTRICT s COUNTY "C"COfMIIMIERCIALDISTRICT 1 inch = 400 feet SOUTH BEND "SF1" SINGLE F.AIMI ILY AND TWO FAJ0ILY DISTRICT li /� PC # 2774-16 SOUTH BEND "LI "' LIGHT INDUSTRIALDISTRICT VNVMI *00 Hasor Ls AMIM-1 O—VOa U-VIS —L I ZGZZ NVId 0 -6 d021d OCnVIV3 d019A34 UIS C4 LUZ M3W R -a 5 a Ka d & t l CIL -------- - - - 63 - R--r kw zsm PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 22027 State Road 23 South Bend, IN 46619 2) The property Tax Key Number(s) is /are: 017 - 1012 -0310 3) Legal Descriptions: E Ne Ex S Of Hwy & Ex Ne Cor & Ex Pt Sold Cont 10 Ac More Or Less Sec 2137 2e 4) Total Site Area: 9.67 acres +/- 5) Name and address of property owner(s) of the petition site: Bruno Cataldo and Rosa Cataldo 22027 Liberty Highway(SR 23) South Bend, IN46619 574 -532 -0762 johnbrunospizza@gmail.com Name and address of additional property owners, if applicable: N/A 6) Name and address of contingent purchaser(s), if applicable: N/A Name and address of additional property owners, if applicable: N/A 7) It is desired and requested that this property be rezoned: From: A: Agricultural District (County) Additional zoning district, if applicable To: CB Community Business District 8) This rezoning is requested to allow the following use(s): Gas Station with C -Store and Community Business Uses IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. Contact Commission Staff if you need assistance. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: N/A (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: N/A (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: N/A IF A SPECIAL USE IS BEING REQUESTED, (if not, please skip to next section): l) A detailed description and purpose of the Special Use(s) being requested : None 2) A statement on how each of the following standards for the granting of a Special Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: N/A (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: N/A (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: N/A (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. N/A * In the case of a Special Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Brian McMorrow Abonmarche Consultants, Inc. - 750 Lincoln Way East South Bend, IN 46601 574- 232 -8700 ext 22 bmcmorrow@abonmarche.com BY SIGNING THIS PETITION, THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE - DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COUNTY COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s) of all property owner(s), of Attorney for all property owner(s): I NO a"'- ATTACHMENT - PETITION FOR ZONE MAP AMENDMENT and ANNEXATION 22027 LIBERTY HIGHWAY (SR 23) - PARCEL NO. 0 17-1012-0310 (9.67 ACRES + / -) (a) The proposed zone change will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because: a. Local ordinances regulate the development of real property and the use of property in manner which is consistent with sound planning and design principles and in a harmoniums way with its neighbors. The City will have an opportunity to review detailed designs at the time an application is made for site plan approval. (b) The proposed zone change will not injure or adversely affect the use of the adjacent area or property values therein because: a. The area is about to evolve from rural and agricultural in character to one that is economically vibrant. (c) The proposed zone change will be consistent with the character of the district in which it is located and the land uses authorized therein because: a. The proposed uses are compatible with adjacent industrial uses along New Energy Drive and the new economic real estate development being planned by the Pokagon Band of Potawatomi Indians and supported by the City of South Bend Common Council on April 13, 2015 (Resolution No. 15 -22). (d) The proposed zone change is compatible with the recommendations of the City of South Bend Comprehensive Plan because: a. The Plan recognized that there was untapped land capacity available for development in areas just outside the city limits (Map 3.2, page 21). b. The Plan recognized that the Southwest Quadrant had already seen development for economic activity on lands formerly agricultural land like (page 24) and, as illustrated on Map 3.2, the conversion of the subject property from agricultural land to developed land was envisioned. F: \Projects \2015 Projects \15 -0964 Cataldo 22027 SR 23 Rezone Annex \Permits \Rezoning Petition �pUTH \. Department of a� Community Investment 1865 Memorandum Monday, February 1, 2016 TO: Mike Bronstetter, Environmental Services (Solid Waste) Aladean DeRose, Legal Ed Herman, Water Works Corbitt Kerr, Engineering Larry Magliozzi, Area Plan Commission Fled in Clerk's Office John Murphy, Administration & Finance Federico Rodriguez, Fire Lt. Christopher Voros, Police FEB 012016 Randy Wilkerson, Code Enforcement FROM: Michael Divita, Planner KAREEMAH FOWLER SUBJECT: Request for Service Reports CI1I�CLERK, SOUTH SEND, IN Cataldo Annexation Area (100% Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Cataldo Annexation Area has been received by the City and will receive First Reading on February 8, 2016. The proposed Annexation Area consists of one parcel (22027 Liberty Highway /State Road 23) and adjacent right -of -way totaling 12.8 acres and is located on the northwest side of State Road 23 northeast of the St. Joseph Valley Parkway. The area currently contains one house on a large wooded lot and is zoned agricultural in the County. With the annexation, the petitioner seeks rezoning to "CB" Community Business District to permit a gas station with a convenience store and other commercial uses. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by February 10, 2016. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map, and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at 235 -5843 or mdivita @southbendin.gov. cc: Mayor Pete Buttigieg James Mueller, Chief of Staff, Office of the Mayor Members, South Bend Common Council Kathy Cekanski - Farrand, Attorney for the Common Council Scott Ford, Executive Director, Community Investment Kareemah Fowler, City Clerk Alkavnn Alrlrirlaa ncni itv rite rlcrl. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Cataldo Annexation Area Portage Township Prepared February 2016 A. Annexation Criteria (Minimum) Analysis Criteria Met? 1. Contiguity: At least 1/8 (12.5 %) 28.8% 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: Northwest of State Road 23, about 1500' northeast of the St. Joseph Valley Parkway Address(es): 22027 Liberty Highway (State Road 23) Tax Key Number(s): 17- 1012 -0310 Subdivision(s) of Record: None Acres: 12.8 Current Net Assessment: $189,100 Current Population: Proposed Population: Current Land Use: Proposed Land Use: Current Zoning: Proposed Zoning: Council District: Unknown 0 Single - Family Residential Gas Station with Convenience Store, Other Commercial "A" Agricultural District, St. Joseph County "CB" Community Business District, City of South Bend 6th Council District Scheduled Effective Date: June 5, 2016 Comments: Proposed Annexation Area includes the adjacent portion of the State Road 23 right -of -way. Legal Description A part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, described as follows: Beginning at a point on the East Line of the East Half of the Northeast Quarter of Section 21, 421.68 feet North of the Centerline of State Road 23; thence South 88* 24' West, 768.80 feet; thence South, 795.81 feet to the Northwesterly right -of -way line of State Road 23; thence Southeasterly, 175 feet, more or less to a point on the Southerly right -of -way of State Road 23; thence Northeasterly along said Southerly right - of -way, 794 feet, more or less, to a point on the East Line of Said East Half; thence North along Said East Line, 470 feet, more or less, to the point of beginning, containing 12.8 acres, more or less and subject to easements, covenants, and right -of -way of record. Proposed Schedule for Cataldo Annexation Area Fiscal Plan Request Sent 2/1/16 File Date 2/3/16 Council 1st Reading 2/8/16 Fiscal Plan Request Due 2/10/16 Fiscal Plan Done 2/24/16 Board of Public Works Agenda Session 3/3/16 Board of Public Works Hearing 3/8/16 Area Plan Commission Public Hearing 3/15/16 Board of Public Safety 3/16/16 Council Advertisement 3/18/16 Fiscal Plan Resolution to Clerk 4/6/16 Council 2nd Reading 4/11/16 Council 3rd Reading 4/25/16 Ordinance Advertised 5/6/16 Appeal Period Start 5/6/16 Appeal Period End 6/5/16 V1 l§ABONMARCH &I N' SITE DEVELOPMENT CATALDO PROPERTY 0 PLAN 22027 STATE ROAD 23 HWY CITY OF SOUTH BEND, ST. JOSEPH CO., INDMNA 'A j V ---- - ----- ------------- - ----- ----------- NEW ENERGY DRUE ERR zi 2 sa Po V1 l§ABONMARCH &I N' SITE DEVELOPMENT CATALDO PROPERTY 0 PLAN 22027 STATE ROAD 23 HWY CITY OF SOUTH BEND, ST. JOSEPH CO., INDMNA O Q ,M� Rg t I 5 y 'rYn/ �F 9� 2G Fj _y.. -75r 0E(7 "G ZM w PET .,Rat � ti+T i A 9 k Lv. t A mv?•M ay.p- o f 4 3 g tl � !o m v a u� }. y - I 21 gQ at i3 �N 80;i i g3 Q °a_ N b u -a - BABONMARCHE SITE DEVELOPMENT CATALDO PROPERTYTAT > 3 ¢_ B._ PLAN 22027 SE ROAD 23 HWY �•• A S CRY OF SOUTH BEND, N ST. JOSEPH CO., INDLANA