HomeMy WebLinkAbout67-17 Annexation- 24605 Cleveland Road Oc�pUTFI
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1865
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
October 10,2017
Tim Scott,President
South Bend Common Council
4th Floor,County-City Building
RE: Baney Annexation Area
Dear President Scott:
Bill Number 67-17 is a voluntary annexati6n proposing to annex contiguous territory to the City
of South Bend. Indiana Code requires that voluntary annexation ordinances be advertised 20
days before public hearing and adopted no earlier than 14 days after the public hearing. Fiscal
plans, required of all annexations,must be adopted after the public hearing of the annexation
ordinance.
I request that the following schedule be followed:
Public Hearing(Second Reading): December 11,2017
Hearing on Fiscal Plan(by Resolution): December 11,2017
Adoption(Third Reading): January 8,2018
The gap in time from now until the Second Reading provides opportunity for the Board of Public
Works and the Board of Public Safety to hear the fiscal plan and for the Area Plan Commission to
hear the zoning proposal.
If you have any questions,please feel free to contact meat 235-5843. Thank you.
Sincerely,
&Lj r U'� k
Michael P.Divita,AICP
Planner
cc: Bob Palmer,Common Council
Larry Magliozzi,Area Plan Commission
Oliver Davis,Chair,Zoning&Annexation Committee
Kareemah Fowler,City Clerk
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT
14005 County-City Building 1 227 W.Jefferson Bvld.I South Bend,Indiana 46601 p574.235.9371 www.southbendin.gov
LAWRENCE P. MAGLIOZZI
C EXECUTIVE DIRECTOR
Angela M. Smith
DeP,,Iy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JLFFLR�u\ BLVD., ROOM 1140 CoUNTI-CITI BUILDING UTH BL 1)1 46601 (574) 235-9371
October 3, 2017
South Bend Common Council Filed in Clerk's Office J
4'h Floor, County-City Building _ I
South Bend, IN 46601 OCT 04 2017 j
KA E--`t -,H Fl,-jWLcR
RE: Rezoning for 24605 Cleveland Road, South Bend. W i CITY CLERK,S011Tt1 EE; 1, )�!
APC#2845-17
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 October 9th,
2017 Council meeting,and set it for public hearing at your November 27th,2017.Council meeting.
The petition is tentatively scheduled for public hearing at the November 21st, 2017 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,
#�P-
David M Stanton, Jr.
Planner
CC: Bob Palmer
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 A N A.C O M I 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 GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 1, FOR 24605 CLEVELAND ROAD, 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 LI
LIGHT INDUSTRIAL DISTRICT WITHIN THE CITY OF SOUTH BEND FOR
MANUFACTURING AND ASSEMBLY 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-eighth (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:
THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION NINETEEN (19), TOWNSHIP THIRTY-EIGHT
(38) NORTH, RANGE TWO (2) EAST, CONTAINING TEN (10)ACRES, MORE OR LESS,
EXCEPTING THEREFROM THE SOUTH 40.00 FEET MEASURED AT RIGHT ANGLES,
OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST,
GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER(SW
1/4) OF SECTION 19; THENCE NORTH 89 051'49" WEST ALONG SAID SOUTH LINE OF
THE SOUTHWEST QUARTER (SW 1/a) A DISTANCE OF 331.51 FEET THENCE NORTH
00 024'05" WEST, 40.00 FEET TO THE NORTH RIGHT OF WAY LINE OF CLEVELAND
ROAD, AND TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
NORTH 89°51'49" WEST, BEING 40 FEET NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19, A DISTANCE
OF 328.86 FEET, TO THE EAST LINE OF THE RECORDED PLAT OF "WELLS
ELECTRONICS MINOR" AS KNOWN AND RECORDED IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 9540132; THENCE
NORTH 00 025'16" WEST,ALONG SAID EAST LINE AND ALSO ALONG THE EAST LINE
OF LOT 1 IN THE RECORDED PLAT OF "FAWN DEVELOPMENT MINOR
SUBDIVISION"AS KNOWN AND RECORDED IN THE OFFICE OF THE RECORDER OF
ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 9749756, A DISTANCE OF 1276.63
FEET TO THE SOUTH LINE OF LOT 2 IN THE RECORDED PLAT OF "OLIVE ROAD
COMMERCE PARK AMERIPLEX MINOR SUBDIVISION"AS KNOWN AND RECORDED
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY IN INSTRUMENT
NUMBER 0157246; THENCE NORTH 89°51'00" EAST,ALONG SAID SOUTH LINE AND
ALSO ALONG THE SOUTH LINE OF LOT AAA IN THE RECORDED PLAT OF "OLIVE
ROAD COMMERCE PARK-SECOND REPLAT", AS KNOWN AND RECORDED IN THE
OFFICE OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 0035547, A DISTANCE
OF 329.28 FEET, TO THE WEST LINE OF A PARCEL OF LAND OWNED BY"31 NIMTZ
LAND, LLC" AND RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY IN INSTRUMENT NUMBER 1704026, AND AS SHOWN ON INSTRUMENT
NUMBER 1611106-A RECORDED SURVEY; THENCE SOUTH 00°24'05" EAST,ALONG
SAID WEST LINE, A DISTANCE OF 1278.27 FEET TO THE AFOREMENTIONED POINT
OF BEGINNING.
ABOVE DESCRIPTION CONTAINING 9.65 ACRES OF LAND MORE OR LESS, AND IS
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND PUBLIC RIGHTS 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 LI LIGHT
INDUSTRIAL 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 commitments as provided by
Chapter 21-09.02(d) Commitments, if applicable.
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.
i
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.
City Clerk
Approved and signed by me on the day of 2 , at
o'clock M.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
READING OCT 04 2017
PUBLIC HEARING
3 rd READING
NOT APPROVED KA�3EEM,�`,l1 FOWLER
CITY CLERK.SOUTH SEND,IN
REFERRED
PASSED
PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT
City of South Bend,Indiana
1(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:
24605 Cleveland Road
South Bend,Indiana 46628
2) The property Tax Key Number(s)is/are: 004-1011-018901
3) Legal Description(s)Please note,if the public right-of-way adjacent to the parcel is not alreadyig), Cj,ty limit,
the legal description MUST include the right-of-way: THE WEST HALF OF THE EAST HA O HE.
SOUTHEAST QUARTER OF THE SOUTTIIVEST QUARTER OF SECTION NINE, (19), TOWNSHIP
THIRTY-EIGHT(38)NORTH,RANGE TWO(2)EAST, CONTAINING TEN(10)ACRES,MORE OR LESS,
EXCEPT THE SOUTH 40.00 FEET MEASURE AT RIGHT ANGLES, OF THE WEST HALF OF THE EAST HALF
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH,
RANGE 2 EAST, IN ST.JOSEPH COUNTY, INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER(SW 114) OF SECTION 19;
THENCE NORTH 89 051149"YVEST ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER(SW%)A
DISTANCE OF 386 22 FEET; THENCE NORTH 00°24'05" WEST. 40.00 FEET TO THE NORTH RIGHT OF
TVAY LINE OF CLEVELAND ROAD,AND TO THE POINT OF BEGINNING OF THIS DESCRIPTION.- THENCE
NORTH 89 051'49"WEST, BEING 40 FEET NORTH OF AND PARALLEL WITH THE SOUTHLINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 19, A DISTANCE OF 328.86 FEET, TO THE EAST LINE OF THE
RECORDED PLAT OF "WELLS ELECTRONICS MINOR-AS KNOWN AND RECORDED IN THE OFFICE OF
TIIE RECORDER OF ST.JOSEPH COUNTY IN INSTRUMENT NUMBER 9540132; THENCE NORTH
00°25'1 6" WEST,ALONG SAID EAST LINE AND ALSO ALONG THE EAST LINE OF LOT I IN THE
RECORDED PLAT OF "FAWN DEVELOPMENT MINOR SUBDIVISION"AS KNOWNAND RECORDED IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY IN INSTR UMENT NUMBER 9749756 A
DISTANCE OF 1276.63 FEET TO THE SOUTH LINE OF LOT 21N THE RECORDED PLAT OF "OLIVE ROAD
COMMERCE PARK AMERIPLEX MINOR SUBDIVISION"AS KNOWN AND RECORDED IN THE OFFICE OF
THE RECORDER OF ST.JOSEPH COUNTY IN INSTR UMENT NUMBER 0157246; THENCE NORTH
89 051'00"EAST,ALONG SAID SOUTH LINE AND ALSO ALONG THE SOUTH LINE OF LOT AAA IN THE
RECORDED PLAT OF - OLIVE ROAD COMMERCE PARK-SECOND REPLAT, AS KNOWN AND RECORDED
IN THE OFFICE OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 0035547, A DISTANCE OF 329.28
FEET, TO THE WEST LINE OF A PARCEL OF LAND OWNED BY-31 NIMTZ LAND LLC"AND RECORDED
IN THE OFFICE OF THE RECORDER OF ST.JOSEPH COUNTY IN INSTRUMENT NUMBER 17040 26,AND
AS SHOWN ON INSTRUMENT NUMBER 1611106-A RECORDED SUR VEY; THENCE SOUTH 00°24'05"
EAST, ALONG SAID WEST LINE,.A DISTANCE OF 1278.27 FEET TO THE AFOREMENTIONED POINT OF
BEGINNING.
ABOVE DESCRIPTION CONTAINING 9.65 ACRES OF LAND MORE OR LESS,AND IS SUBJECT TO ALL
EASEMENTS,RESTRICTIONS AND PUBLIC RIGHTS OF WAY OF RECORD
for annexation
4) Total Site Area(excluding right-of-way): 9.65 Acres r
Filed in Clerk's� l..tliiCC
5) Name and address of property owner(s)of the petition site:
The Estate of Norma J. Baney OCT 4 2��7
Attn:Anthony Bely, Personal Representative for the Estate
3621 Cooper Court
South Bend,Indiana 46614 KARE-El l a lrl FOWLER
574-276-2912 CITY CLERK,SOl!THI E-ND;!NI�
Name and address of additional property owners,if applicable:
6) Name and address of contingent purchaser(s),if applicable.
31 Ninit_Land,LLC
227 S.Main Street, Suite 300 q
South Bend,Indiana 46601 [,C U u 9u
574-217-4498 17
ppltair @holladgvproperties.con
Z$' 5-17
Name and address of additional property owners,if applicable:
7) It is desired and requested that this property be rezoned:
From: A: Agricultural District(County) Additional Districts, if applicable Not Applicable
To: LI Light Industrial District
8) This rezoning is requested to allow the following use(s): Manu/acturing,Assembly, Distribution& Warehousing
and other uses generally allowable within the Light Industrial ordinance
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1)Not Applicable
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:
(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:
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property:
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section):
1) A detailed description and purpose of the Special Exception Use(s)being requested: Not Applicable
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
(a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare:
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein:
(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:
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.
* In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Paul Phair
117 S.Main Street, Suite 300 0 2017
South Bend,Indiana 46601
574-217-4498
pphaii @ hollaclayproperties.eorne
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 COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)of all property owner(s):
7 Z- /,a tia L L IL
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