HomeMy WebLinkAboutRezoning - 2930 W. Cleveland Rd.ORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
8763-97
March 10, 19 ~~
Attest:
Arrest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
March 11,
March 11,
City Clerk
Approved and signed by me
19 97
19 97
Mayor
';~.~` ~~
ORDINANCE NO. ~ ~P ~~
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 2930 W. CLEVELAND ROAD 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,
KNOWN AS THE ZONING ORDINANCE OF THE
SAME HEREBY IS AMENDED IN ORDER THAT THE
DESCRIBED REAL ESTATE IN THE CITY OF
INDIANA:
A5 AMENDED, WHICH ORDINANCE IS COMMONLY
CITY OF SOUTH BEND, INDIANA, BE AND THE
ZONING CLASSIFICATION OF THE FOLLOWING
SOUTH BEND, ST. JOSEPH COUNTY, STATE OF
PARCEL I.
A PART OF THE SOUTHWEST QUARTER OF SECTION 22 AND A PART OF THE NORTHWEST
QUARTER OF SECTION 27, BOTH IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN
TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT # 1 OF THE PLAT OF "SOBIESKI FEDERAL
SAVINGS & LOAN MINOR SUBDIVISION" RECORDED AS DOCUMENT NO. 9425703 IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG THE
EASTERLY RIGHT-OF-WAY LINE OF BENDIX DRIVE FOR THE NEXT FOUR COURSES, AROUND A
756.20 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 128.56 FT. TO THE END OF
A CHORD WHICH BEARS N. 49°-57'-37" E. AND HAVING A DISTANCE OF 128.40 FT. AND
N. 58°-06'-18"E., 40.00 FT. AND N. 42°-10'-28" E., 60.00 FT. AND N. 72°-10'-28"
E., 40.00 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF NEW CLEVELAND ROAD; THENCE
ALONG SAID SOUTH LINE FOR THE NEXT TWO COURSES, S. 74°-02'-37" E., 66.72 FT.
AND S. 67° -42'-35" E., 439.85 FT. TO THE NORTHEAST CORNER OF SAID LOT # 1 AND
THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
22; THENCE N. 00°-02'-25" W. ALONG SAID EAST LINE, 54.05 FT. TO THE CENTERLINE
OF NEW CLEVELAND ROAD; THENCE ALONG SAID CENTERLINE FOR THE NEXT TWO COURSES,
S. 67°-42'-35" E., 133.68 FT. AND AROUND A 1041.?4 FT. RADIUS CURVE TO THE LEFT
AN ARC DISTANCE OF 283.79 FT. TO THE END OF A CHORD WHICH BEARS S. 75°-13'-16"
E. AND HAVING A DISTANCE OF 282.92 FT.; THENCE S. 06°-58'-28" W., 54.68 FT. TO
THE NORTHERLY RIGHT-OF-WAY LINE OF THE INDIANA EAST-WEST TOLL ROAD; THENCE
ALONG SAID NORTHERLY LINE AROUND A 4433.66 FT. RADIUS CURVE TO THE RIGHT AN ARC
DISTANCE OF 1085.17 FT. TO THE END OF A CHORD WHICH BEARS N. 82°-09'-05" W. AND
HAVING A DISTANCE OF 1082.46 FT. TO THE POINT OF BEGINNING.
CONTAINING 3.18 ACRES.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
BE AND THE SAME I5 HEREBY ESTABLISHED AS "C" COMMERCIAL. "A" HEIGHT & 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 C ON COUNCIL
:~ ~~~~tir,,vc /- /3-~7
~? r.~ READ{f~~G ~ -~D ~ ~ 7
f•.UT APPI•iOVED
hGI=EPRED
PASSED ~ .../~- 9
Filed in Cie~'i~'~ ®f#ice
JA~~ - 7 1997
LORETTA .!. ®Ua
CITY CLERK, ~4. k3~tlU, I*I.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee
to whom was referred
BILL NO.
2-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 2930 W. CLEVELAND ROAD IN THE CITY OF SOUTH BEND,
INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommend to the Council favorably.
Sean Coleman
Chairman
REVISED 01/23/97
..DATE FILED APPLICATION NO.
DATE RECEIVED BY AREA PLAN COMMISSION
I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION THE COMMON COUNCIL OF THE
CITY OF SOUTH $END, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED.
1). THE PROPERTY SOUGHT TO BE ~2EZONED IS .LOCATED AT:
2930 W. CLEVELAND; ROAD
SOUTH BEND, INDIANA 46628
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
SOBIESKI FEDERAL SAVINGS~AND LOAN ASSOCIATION OF SOUTH BEND
2930 W. CLEVELAND ROAD
SOUTH BEND, INDIANA 46628
PHONE NUMBER (219) 271-8300.
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" RESIDENTIAL ,"A" HEIGHT & AREA
TO "C" COMMERCIAL ,"A" HEIGHT & AREA
5). THIS REZONING IS REQUESTED TO .ALLOW THE FOLLOWING USE(S):
A): FINANCIAL INSTITUTION W/DRIVE THRU WINDOWS & ATM.
B). OFFICE/RETAIL.
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 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 COUNCILS
ACTION. IN ADDITION, A BUILDING PERMIT MUST BE ISSUED FOR THE USE INDICATED ON
THE PETITION WITHIN ONE (1) 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.
SIGNED,
KE H P. FEEDER - ATTORNEY
FOR SOBIESKI FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH BEND
PETITIONED PREPARED BY AND CONTACT PERSON:
KENNETH P. FEEDER - ATTORNEY
205 W. JEFFERSON BLVD., SUITE 606
SOUTH BEND, INDIANA 46601
PHONE NUMBER (219)-234-6061.
Fiteti 8s~ CI~rF;'~ t3~~3~~
JARti 2 ' 1997
LOFl~~7T~ J. DUDA
CITY CLERK:, :BCD. E3~f~,D, E"v.
LEGAL DESCRIPTION
A PART OF THE SOUTHWEST QUARTER OF SECTION 22 AND A PART OF THE NORTHWEST
QUARTER OF SECTION 27, BOTH IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN
TOWNSHIP, CITY OF SOUTH BEND, 5T. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT # 1 OF THE PLAT OF "SOBIESKI FEDERAL
SAVINGS & LOAN MINOR SUBDIVISION" RECORDED AS DOCUMENT NO. 9425703 IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE ALONG THE
EASTERLY RIGHT-OF-WAY LINE OF BENDIX DRIVE FOR THE NEXT FOUR COURSES, AROUND A
756.20 FT. RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 128.56 FT. TO THE END OF
A CHORD WHICH BEARS N. 49°-57'-37" E. AND HAVING A DISTANCE OF 128.40 FT. AND
N. 58°-06'-18"E., 40.00 FT. AND N. 42°-10'-28" E., 60.00 FT. AND N. 72°-10'-28"
E., 40.00 FT. TO THE SOUTH RIGHT-OF-WAY LINE OF NEW CLEVELAND ROAD; THENCE
ALONG SAID SOUTH LINE FOR THE NEXT TWO COURSES, S. 74°-02'-37" E., 66.72 FT.
AND S. 67° -42'-35" E., 439.85 FT. TO THE NORTHEAST CORNER OF SAID LOT # 1 AND
THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION
22; THENCE N. 00°-02'-25" W. ALONG SAID EAST LINE, 54.05 FT. TO THE CENTERLINE
OF NEW CLEVELAND ROAD; THENCE ALONG SAID CENTERLINE FOR THE NEXT TWO COURSES,
S. 67°-42'-35" E., 133.68 FT. AND AROUND A 1041.74 FT. RADIUS CURVE TO THE LEFT
AN ARC DISTANCE OF 283.79 FT. TO THE END OF A CHORD WHICH BEARS S. 75°-13'-16"
E. AND HAVING A DISTANCE OF 282.92 FT.; THENCE S. 06°-58'-28" W., 54.68 FT. TO
THE NORTHERLY RIGHT-OF-WAY LINE OF THE INDIANA EAST-WEST TOLL ROAD; THENCE
ALONG SAID NORTHERLY LINE AROUND A 4433.66 FT. RADIUS CURVE TO THE RIGHT AN ARC
DISTANCE OF 1085.17 FT. TO THE END OF A CHORD WHICH BEARS N. 82°-09'-05" W. AND
HAVING A DISTANCE OF 1082.46 FT. TO THE POINT OF BEGINNING.
CONTAINING 3.18 ACRES.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
J~i~~ - 7 1997
LORE'TTl1 J. DUDA
CITY CLERIC, ~'-~Y. df.F!®, !"!.
. A Area Plan Commission of St. Joseph County ~- =
1140 County-City Building
South Bend, Indiana 46601
Robert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 219 235-9571 Fax 219 235-9813
February 19, 1997
The Honorable Common Council ~`
~~
~(~
~~1L~
~
_
,
.
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Sobieski Federal Savings
and Loan Association of South Bend to zone from "C" Commercial and "A"
Residential, "A" Height and Area to "C" Commercial, "A" Height and Area , property
located at 2930 W. Cleveland Road, City of South Bend - APC #1753-97
Dear Council Members:
The above referenced ordinance and site development plan of Sobieski Federal
Savings and Loan Association of South Bend was legally advertised February 6,
1997. The Area Plan Commission at its public hearing on February 18, 1997, took
the following action:
Upon a motion by Henry Keultjes, being seconded by Charles Shields and
unanimously carried, the proposed ordinance and site development plan of Sobieski
Federal Savings and Loan Association of South Bend to zone from "C" Commercial
and "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area,
property located at 2930 W. Cleveland Road, City of South Bend is sent to the
Common Council with a favorable recommendation, subject to a final site
development plan. Commercial zoning is not unreasonable for this site, which is
located at the intersection of two arterial streets and along the Indiana Toll
Road. In addition, the majority of the site is currently zoned "C" Commercial.
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 er y,
b t Dante
RWS:sr
Attachment
CC: Sobieski Federal Savings and Loan Association of South
CC: Kenneth Fedder, Attorney
Fil~c9 in Cl~r~~'~ ®fri~v
FEU 1 .) ~:1J7
LOrZL'TTf~ J. r:L':7i±.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
.-1 _.
STAFF REPORT February 10, 1997
obieski Federal Savings and_Loan_Assocaton of South Bend 1753-97
Location: 2930 W. Cleveland
Road
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "C" Commercial and "A" Residential, "A"
Height and Area to "C" Commercial, "A" Height
and Area to allow an existing financial
institution with a drive thru window and a
office/retail building.
EXISTING LAND USE: The property contains a financial institution
and vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north is a church zoned "B"
Residential, "A" Height and Area and vacant
land zoned "A" Residential, "A" Height and
Area; to the'east is vacant land and a
restaurant zoned "C" Commercial, "A" Height
and Area; to the south are apartments zoned
"B" Residential, "A" Height and Area and the
Toll Road; and to the west is a fire station
zoned "D" Light Industrial, "A" Height and
Area.
ACCESS: Access to the site is from Bendix Drive and
Cleveland Road.
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 2.85 acres.
Of that, the buildings will occupy 13,146
square feet, or 10 percent of the site; the
parking and drives will occupy 59,270 square
feet, or 48 percent of the site; and 34,947
square feet or 42 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 preliminary.
AGENCY COMMENTS: In 1994 the western portion of this site was
rezoned from "A" Residential, "A" Height and
Area to "C" Commercial, "A" Height and Area to
allow the financial institution.
V ~ r
'~ ~ r
o
---------~ a~
FUNERAL HOME
~~ o
• I Q D 000
C
c f f ~ HD
D c lei om
FIRE STATION
\ \~
\ ~ ~
\ ~
~ ~ \
\ ~
~~
I
I
\}
a0
0~`
~oqo ~ /~~ ~o~
c \ U " Co.~
1 \ \ \
i ~ _ \
_ ~
~ ` ~ ~
EAST-wES T
'~ mm
~ ° ~ mm
~ ~ MULTI- AIILY
o ~
App.
OG1; M ~ v
~ ~
z
N
i
SUGAR MAp~E
X W V
J
Q. W
O ~ a
Z ~ s
l+1 X ~ D O
CD <
J ~
S
°
Q
\ COM
~°a
0
RESTAURANT
~ _
~ CLEVELAND ~ ~ RD
TOLL ROAD
C~°~ -,
D°~ I
REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA
& "C" COMMERCIAL, "A" HEIGHT & AREA
T0: "C" COMMERCIAL, "A" HEIGHT & AREA
PETITION AREA
SOUTH BEND ZONING
"A" RESIDENTIAL D
"B" RESIDENTIAL O
"C" COMMERCIAL O
'~D" LIGHT INDUSTRIAL D
N
APC #1753-97
0 100 100 300' 600
Graphic Scale
DATE FILED
DATE RECEIVED BY AREA PLAN COMMISSION
APPLICATION NO.
I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION 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:
2930 W. CLEVELAND ROAD
SOUTH BEND, INDIANA 46628
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
SOBIESKI FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH BEND
2930 W. CLEVELAND ROAD
SOUTH BEND, INDIANA 46628
PHONE NUMBER (219) 271-8300.
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" COMM RE CIAL & "A" RESIDENTIAL ,"A" HEIGHT & AREA
TO "C" COMMERCIAL ,"A" HEIGHT & AREA
5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). FINANCIAL INSTITUTION WfDRIVE THRU WINDOWS & ATM.
B). OFFICE.
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 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 #2EVERT
TO THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME
EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED.
SIGNED,
N TH FEDDER - ATTORNEY
SOBIESKI FEDERAL SAVINGS AND LOAN ASSOCIATION OF SOUTH BEND
PETITIONED PREPARED BY AND CONTACT PERSON:
KENNETH P. FEEDER - ATTORNEY
205 W. JEFFERSON BLVD., SUITE 606
SOUTH BEND, INDIANA 46601
PHONE NUMBER (219)-234-6061.
Fiied i1Z ~~~~-rg°~ ~~fic~
JAS - 7 1997
~anGTrn a. nuna
CITY' C~ERiC, ot3. ~£Itn, I"!.