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Home My WebLink AboutRezoning - Property located on the West side of Portage Rd, North of Bendix Drive.~ :~ ORDINANCE No. ate,-~ Passed by the Common Council of the Ciry of South Bend, Indiana, April 13, 19 ~_ Arrest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana April 14, 19 98 City Clerk President of Common Council City Clerk Approved and signed by me April 15, 19 98 Mayor .,yam l~ ,~,~ ORDINANCE NO. -/ v I ' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON TIC WEST SIDE OF PORTAGE ROAD, NORTH OF BENDIX DRIVE, 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-b8, 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 following described real estate in the City of South Bend, St. Joseph County, State of Indiana: A Part of the Southwest Quarter (1 i4) of Section iwenry•two (22), Township thirty-eight (38) North, Range two (2} East, German Township, St. Joscph County, Indiana, more particularly described as follows: Commencing at a stone at the Northwest corner of said quarter {1/4) section, said point also being the Northwest corner of Lot 1 in the recorded plat of KTZER' S PORTAGE ROAD MINOR Si3BDIVISION {St. Joseph County Dowment Number 9431002); thence South along the Westerly line of said Lot 1 in the recorded plat of said KIZER'S PORTAGE ROAD MINOR SUBDMSION and the Wcsterly extension thcrcof, said line also being the Westerly line of said section, a distance of 417.b2 feet to athree-quarter (3!4) inch iron stake at the Southwest corner of.land conveyed to Kathleen L. Holcomb and Gregory A. Kizer {St. Joseph County Document Number 95279234) for the beginning point of this description; thence North 89 degrees 25 minutes 8 seconds East along the Southerly lisle of said Holcomb and Kizer land a distance of 245.63 feet to athree-quarter (3/4) inch iron stake; thence South zero degrees 34 minutes 52 seconds East a distance o£ 90 feet to athree-quarter {3/4) inch iron stake; thence North 89 degrees 25 manutcs 8 seconds East along the Southerly line of said Holcomb and Kizer land a distance of 857.24 feet to athree-quarter (3/4) inch iron stake; thence North 49 degrees 18 minutes 13 seconds East a distance of 47.93 feet to athree-quarter (3/4) inchsron stake, said point also beir>tg the Westerly right-of -way line of Portage Road; thence South 2l dcgrees 36 minutes 28 seconds East along said Westerly tight-of -way line of Portage Road a distance of 490.54 feet to athree-quarter (314) inch iron stelce at the West line of the East half (1/2) of said quartet (Il4) section; thence South Zero degrees 5 minutes 43 seconds West along the West line of the East half (l/2) of said quarter (1/4) section a distance of 44b.08 feet to a one half (1/2) inch reinforcing rod at the Northeast corner of land conveyed to Kane Properties, ]i.LC {St. Joseph County Document Number 9351319); thence South 84 degrees ZS minutes 8 seconds West (South 89 degrees 1 minute 4 seconds West recorded) along the Northerly line of said Kane Properties, and the Westerly extension thereof a distance of 1324.04 feet to a one half (1/2}inch reinforcing rod, said point also being the West line of Said section; thence North zero degrees zero minutes zero seconds East along the West line of said section a distance 963.08 feet to the place of beginting, Containing 26.16 acres, more or less, subject to public highways and any easements of record, if any. be and the saute is hereby established as C-Commercial. "A" height and district. 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. ~ ~.. GQ. ,~-_ Member of the Common Council 1st READWG~ - ~-~,~,~~ PUBLIC HEARING /y ~3, 3 rd READING L7 ~ ~ G r/ NOT APPROVED ( b REFERRED PASSED !-/?~~~/ Q~ ~ UQ~~„7-~~-71~~ ~'i~l3l~ 1!~ ~I13fit'S ®~f~l~~l~ ~~~ 12 199 ; LOnTrl1 J. I3UD'1 _ ,1 COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 19-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE WEST SIDE OF PORTAGE ROAD, NORTH OF BENDIX DRIVE, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted. John Broden Chairman i ~~ Date Filed Date Received by the Area Plan Commission I (We) the undersigned make application to the Common Council of the City South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at West Side of Portage Road north of Bendix Drive 2) Name and address of property owners of the petition site: Key Trust Company of Indiana, National Association as Trustee of the Unified Credit Trust, Created under the William E. Kizer 1983 Revocable Trust Dated June 2, 1983, Gregory A. Kizer and Kathleen L. Holcomb. P. O. Box 6 South Bend, IN 46624 Kathleen L. Holcomb 21677 Auten Road South Bend, IN 46628 Phone Number: 219-237-1156 Gregory A. Kizer 52501 Portage Road South Bend, IN 46628 Phone Number: 219-237-1156 Kathleen L. Holcomb, Attorney-in-Fact for Dorothy I. Kizer 21677 Auten Road South Bend, IN 46628 Phone Number: 219-237-1156 3) Name and. address of contingent purchaser (s), if applicable: Wal-Mart Stores, Inc. 2001 S.E. 10th Street Bentonville, AR 72712 501-273-4000 4) If is desired and requested that this property be rezoned from: A-Residential. A Height and Area to: C-Commercial. A Height and Area 5) This rezoning is requested to allow the following use(s): Office/General Retail/Restaurant/Financial Institution ~6~r3t~ ~n ~ESS~S~~ ~~~99~: ~~1~R.12199~ LO~eTrft J. ®llD~1 Application No. ~~°~ 6 ~f 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; and (c) six (6) site plans; and (d) addressed stamped envelopes for all property owners within 300 feet if 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 classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. Owner: Key/TJrust Company Signed: ~/L ~ Printed Name: ~G~~9/i/ c ~~ r'~i-- Title: ~ ~Sf ~/-'~'/~C~ Owner: Kathl a L~ Holcomb ~ Signed: ~i ~Gc.-~.-...~ ~Y c `~~ Kathleen L. Holcomb Owner: Gregory A. Kizer Signed: .~+~1-r ,r F~ z , ~' ,-c,r c. ~ Gregor~/~A. K er Owner: Dorot ~ Kizer Signed: c~c_~,~_,,.~ ~ Cfhic.~L~ Kathleen L. Holcomb Title: Attorney-in-Fact for Dorothy I. Kizer PETITION PREPARED BY: CONTACT PERSON: Dean L. Carlson (Same) Carlson Consulting Engineers 4035 Hadley Dr. Memphis, TN 38133 Phone Number: 901-384-0404 ~jte~ 6n Cler~ti's Q~fic~ t?!1~ 1 2 tGQB IOF~TT~ J, ounx C17YCLEF3"t, E~, as-an, a~. - ~ ~~~ aria 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 March 18, 1998 Flled in Clerk's Office The Honorable Common Council i 1QC~~ ~IL~L ~V , City of South Bend ~~~"~ County-City Bldg. - 4th Floor South Bend, IN 46601 LORE7TAJ. ~DUDIa gTYCLERtC,80.9EMD,1lS. ~ I ~ RE: A proposed ordinance and site developmen p an o Kat een L. Holcomb, et al to zone from "A" Residential, and "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located on the west side of Portage Road, approximately 600 feet north of Bendix Drive, City of South Bend - APC #1826-98 Dear Council Members: The above referenced ordinance and site development plan of Kathleen L. Holcomb, et al was legally advertised March 5, 1998. The Area Plan Commission at its public hearing on March 17, 1998, took the following action: Upon a motion by Carl Littrell, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Kathleen L. Holcomb, et al to zone from "A" Residential, and "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located on the west side of Portage Road, approximately 600 feet north of Bendix Drive, City of South Bend, as amended, is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. This petition is in conformance with the City of South Bend's Blackthorn Development Plan, which designates this area for commercial uses. It is the Commission's opinion that this area is appropriate for commercial development. However, the Commission would not necessarily encourage further commercial development extending north along Portage Road into the residential area. 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 the Ordinance 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sin rely, j~ /~/~~~~ o eGrE~ S'ant~ RWS:sr Attachment CC: Kathleen L. Holcomb, et al CC: Wal-Mart Stores, Inc. CC: Dean L. Carlson _ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana k STAFF REPORT March 9, 1998 Kathleen L. Holcomb, et al 1826-98 Location: west side of Portage Road, approximately 600 feet north of Bendix Drive City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential and "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow commercial retail, offices, restaurants and financial institutions. EXISTING LAND USE: The property contains a single family home and vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes and vacant land zoned "R" Residential in the County; to the east are apartments zoned "B" Residential, "A" Height and Area and a commercial use zoned "C" Commercial, "A" Height and Area; to the south are a funeral home zoned "C" Commercial, "A" Height and Area and a church zoned "B" Residential, "A" Height and Area; and to the west are industrial uses zoned "D" Light Industrial, "A" Height and Area. ACCESS: Access to the site is from Portage Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 35 acres. For Phase I, the total site to be rezoned is 23 acres. Of that, the buildings will occupy 5 acres, or 22 percent of the site; the parking and drives will occupy 12 acres, or 52 percent of the site; and 6 acres or 26 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood or environmental hazard areas are present. The agency's maps do indicate the presence of a wetland to the west of the site. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: A drainage plan will be required at the Final Site Plan stage. PRELIMINARY STAFF RECOMMENDATION: Based on the 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 Plan. This petition is in conformance with the City of South Bend's •Y ~ 4 STAFF REPORT March 9, 1998 Blackthorn Development Plan, which designates this area for commercial uses. It is the Staffs opinion that this area is appropriate for commercial development. However, the Staff would not necessarily encourage further commercial development extending north along Portage Road into the residential area. e ' •• i l i '" i ~~ i I cl = i-- t ~i i i i wta ~ ~ --- i i i i i i i ~ i t '_~_ t 1 --~ - ~ p t --------- ~; ~ r--- ~--- i ~ t r--- t - t - i i ~ -----------t'--- D ~~ '~ t ~r~ r ~~ ~ -------, ~o~ t ~~ "1` -- -- - ~ '~ -- t o '~, -~ ~ t t ~ ~ t~ ~ i t ~_ - ® ~ ~ ~ ~ tt i t ~ i i i -- t Tou. Ro~D t ~ i -----'- - ---t'--- ti '~, i t ~ it W ~ ---~ ~ L~~VV tl D p --- , . t __ ~___ , t REZONING FROM: "A" RESIDENTIAL, & "B" RESIDENTIAL (MULTI-FAM.), "A" HEIGHT & AREA T0: "C" COMMERCIAL, "A" HEIGHT & AREA PETITION AREA ® n j SOUTH BEND EXISTING ZONING l v "A" RESIDENTIAL O "B" RESIDENTIAL (MULTI-FAM.) (~ APC # 1826-98 "C" COMMERCIAL C~ "D" LIGHT INDUSTRIAL ~~ o tooo 2000 "E" HEAVY INDUSTRIAL O ST. JOSEPH COUNTY ZONING Qraphic Scde "R" RESIDENTIAL O