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HomeMy WebLinkAboutRezoning - 3320 Portage Ave (2)ORDINANCE No. sates, Passed by the Common Council of the Ciry of South Bend, Indiana September 8. 19 97 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana Ciry Clerk President of Common Council September 9, 19 97 Ciry Clerk v Approved and signed by me September 9, 19 97 Mayor _q AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3320 PORTAGE AVENUE 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, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, BE AND THE SAME IS HEREBY AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA: A tract of land beginning at the Northeast corner of the Northwest Quarter of Section Twenty-seven (27), Township Thirty-eight (38) North, Range Two (2) East; thence South along the East line of said Northwest Quarter of Section 27, 1254.9 feet to the center line of Portage Highway; thence North 25 0' West along said center line 1370.0 feet to the North line of said Section 27; thence East along the North line of said Section 27, 555.5 feet to the place of beginning, containing 8.00 acres. Except and excluding therefrom a parcel approximately 4.1 acres in size heretofore sold off of the North end thereof for the Indiana East-West Toll Road. Subject to all legal highways, easements and restrictions of record. BE AND THE SAME IS HEREBY ESTABLISHED AS ~~C~~-COMMERCIAL, ~~E~~-HEIGHT AND 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 Common Co cil t sr READING ~~ - PUSLfC HEARING 7 s" rd READING ~'~ NOT APPROVED REFERRED _ ;~~ PASSED ~~b ~~~ ~ s~~/ ~ ~CLJ JUL 2 ~ i9 _._~ t LOr~~TTk`. J. [~;1C3.,. ~ t Date Filed: SUBSTITUTE APPLICATION NO. Date received by the Area Plan Commission: THE UNDERSIGNED MAKES 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 be rezoned is located at: 3320 Portage Avenue South Bend, IN 46628 2. Name of property owner(s) of the petition site: Amouri, Inc. o Numan Amouri, President 3320 Portage Avenue South Bend, IN 46628 Telephone: (219) 277-4194 3. Name and address of contingent purchaser(s), if applicable. N/A 4. It is desired and requested that this property be rezoned from "C"-COMMERCIAL, "A"-HEIGHT & AREA to "C"-COMMERCIAL, "E"-HEIGHT & AREA 5. This rezoning is requested to allow the following use(s): A. Existing Retail Stores B. OFFICE/RETAIL C. Existing Outdoor Billboard 6. Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners 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 purchasers understand that if the Council approves this petition to rezone, it may be approved subject to the submission 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 submission of the final site plan may be requested. SIGNED: Ke net P. Fedder - Attorney for Petitioner Am u , Inc., an Indiana Corporation CONTACT PERSON/PETITION PREPARED BY: Kenneth P. Fedder, Attorney at Law Suite 606, 205 West Jefferson Boulevard South Bend, IN 46601 Telephone: (219) 234-6061 J U L Z ~ 197 ~o~;~~ ~, Qun~, ____. C17 Y' C.'~FR~C, moo. ~~r~~, i^~.. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee of the Whole, to whom was referred BILL NO. 66-97 A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3320 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being sent to the Council with a favorable recommendation, as substituted Sean Coleman Chairman . ~ Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 Robert W. Sante Executive Director Phone 219 235-9571 August 20, 1997 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 John W. Byorni Assistant Director Fax 219 235-9813 PILL I`I~, (~( ~ RE: A proposed ordinance and site development plan of Amouri, Inc. to zone from "C" Commercial, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 3320 Portage Avenue, City of South Bend - APC #1785-97 Dear Council Members: The above referenced ordinance and site development plan of Amouri, Inc. was legally advertised August 7, 1997. The Area Plan Commission at its public hearing on August 19, 1997, took the following action: Upon a motion by Joseph Serge, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Amouri, Inc. to zone from "C" Commercial, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 3320 Portage Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The petition area is currently zoned "C" Commercial and is bordered by "C" Commercial and "D" Light Industrial zoning across Portage Avenue. The proposed commercial expansion should not significantly impact the area. 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 e y, Rob rt W. Sa e~~~ RWS:sr Attachment CC: Amouri, Inc. CC: Kenneth P. Fedder, Attorney at Law Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT August 11, 1997 Amouri, Inc. 1785-97 Location: 3320 Portage Avenue City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C" Commercial, "A" Height and Area to "C" Commercial, "E" Height and Area to allow existing and proposed retail stores and offices, and an outdoor advertising sign. EXISTING LAND USE: The property contains a building with retail stores and offices and an outdoor advertising sign. SURROUNDING LAND USE AND ZONING: Located to the north is the Toll Road; to the east is vacant land zoned "A" Residential, "A" Height and Area; to the south are apartments zoned "B" Residential, "A" Height and Area; and to the west are a gas station and car wash zoned "C" Commercial, "C Height and Area, mini-warehouses zoned "D" Light Industrial, "F" Height and Area and apartments zoned "B" Residential, "A" Height and Area. ACCESS: Access to the site is from Portage Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 3.5 acres. Of that, the buildings will occupy 24,800 square feet, or 16 percent of the site; the parking and drives will occupy 2.1 acres, or 61 percent of the site; and 34,964 square feet or 23 percent of the site will remain as open space. ENVIRONMENTAL.DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is final. AGENCY COMMENTS: In 1979, this site was rezoned from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow retail stores and other commercial uses. This zoning expired due to a failure to submit a final site plan. (APC 666-79) In 1984, this site was rezoned from "A" Residential, "A" Height and Area to "C" 4 PRELIMINARY STAFF RECOMMENDATION: STAFF REPORT August 11, 1997 Commercial, "A" Height and Area for the existing retail/office building. (APC 922-84) 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. The petition area is currently zoned "C" Commercial and is bordered by "C" Commercial and "D" Light Industrial zoning across Portage Avenue. The proposed commercial expansion should not significantly impact the area. ~ C~°~ 0 c 0o f r*1' z v (INDIANA EAST-WEST O~ ~ \ MINI W~ ES ~ PETIT( AREA APARTMENTS COMMERCIAL ~o~ o 06 fle APARTMENTS COMMERCAL mm ~ O APARTMENTS ~ TOLL ROAD I GQ°~ me me PORTAGE MANOR LINE( c L`-S~5 CLEVELAND REZONING FROM: "C" COMMERCIAL. "A" HEIGHT & AREA, T0: "C" COMMERCIAL, "E" HEIGHT & AREA PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL O "B" RESIDENTIAL D "C" COMMERCIAL O "D" LIGHT INDUSTRIAL O ~,T. JOSEPH CO. ZONING "B" BUSINESS O "0" OFFICE D "R" RESIDENTIAL ~~ N APC #1785-97 0 100 200 .400 ~ir..l ~ Graphic Scale O• O 3 ~ z O z >- J RD. ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 3320 PORTAGE AVENUE IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF 80IITH BEND, INDIANA: SECTION I. ORDINANCE N0. 4990-68, AB AMENDED, WHICH ORDINANCE IB COMMONLY KNOWN AS 3320 PORTAGE AVENUE, SOUTH BEND, INDIANA, BE AND THE SAME HEREBY I8 AMENDED IN ORDER THAT THE BONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, STATE OF INDIANA: A tract of land beginning at the Northeast corner of the Northwest Quarter of Section Twenty-seven (27), Township Thirty-eight (38) North, Range Two (2) East; thence South along the East ~.ine of said Northwest Quarter of Section 27, 1254.9 feet to the center line of Portage Highway; thence North 25° 0' West along said center line 1370.0 feet to the North line of said Section 27; thence East along the North line of said Section 27, 555.5 feet to the place of beginning, containing 8.00 acres. Except and excluding therefrom a parcel approximately 4.1 acres in size heretofore sold off of the North end thereof for the Indiana East-West Toll Road. Subject to all legal highways, easements and restrictions of record. BE AND THE SAME IS HEREBY ESTABLISHED AS ~~C~~-COMMERCIAL, ~~A~~-HEIGHT AND 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 Common Council 1st READING ~- ~ y- 9 7 PUR!!G HEARING 3 rd READING NOT APPROVED P.c. Ee;RfD PASSED a=iled in Ci~rlr's ®ffi~;e J U L - ~ 1997 LORETTP. J. DUDfi CITY CLGRt:, °O. HAND, t3!.