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Home My WebLink AboutRezone- NE Corner of New Energy Dr. & SR 23 ORDII�I�I�IG� I�Io. 8785-97 Passed by the Common Council of the City of South Bend,Indiana May 12, 97 19 Attest: ��, • u G�� Ciry Clerk LORETTA J. A Attest: ,� � President of Common Council Presented by me to the Mayor of the City of South Bend,Indiana May 13, 19 9� > , � Ciry Clerk LORETTA J UDA Approved and signed by me �Y 14� 19 97 � �-c `�- - Mayor ORDINANCE NO. v �� / AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF NEW ENERGY DRIVE AND S.R. 23, 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, 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: That part of the Northwest Quarter of Section 22, Township 37 North, Range 2 East, Portage Township, St Joseph County, Indiana, which is described as: Beginning at a point on the Northwest corner of said Section; thence East along the North line of said Section to a point on the East line of the West half of the Northwest Quarter; thence South along said East line to the South right-of-way line of State Road 23; thence Southwesterly along said right-of-way line to a point 211.43 feet from the West line of said Section; thence North 5° 40' 27�� West, 400 feet; thence South 58°07�20", 177.48 feet to the West line of said Section; thence North along said West line to the point of beginning. be and the same is hereby established as "D" Light Industrial, "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 Counci Lf_ �'� Filed in CI��'��,� 1 st READiNG ��` � PUELIC HEARING 5`��-�'f 7 3rd READING 5_-��.C,� `"1�'3�.� 1 � jv�' % NO i APPROVED � REFERRED PASSED 5�'�_g7 crrv c��x�:,�r.��ts�,r.�l. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH�END: Your Committee to wh om was referred BILL NO. 37-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF NEW ENERGY DRIVE AND S.R. 23 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 1/92 Date Filed Application No. Date received by the Area Plan Commission --------------------------------------------------------------------------- We the undersigned make 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: Generally at the northeast corner of New Energy Drive and S R 23 2) Name and address of property owner(s) of the petition site: Kurt D. & Mary F. Youngs 50563 Dusty Trail Ct. Granger, IN 46530 Albert G. Mickleson 21815 S R 23 South Bend, IN 46614 City of South Bend 1400 County City Building South Bend, IN 46601 3) Name and address of contingent purchaser(s) , if applicable: N/A 4) It is desired and requested that this property be rezoned from "A" Residential and "E'� Heavy Industrial, "A" Height and Area to "D" Light Industrial, "A" Height and Area 5) This rezoning is requested to allow the following uses: To appropriately rezone properties annexed into the City of South Bend 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; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. , In' t by the Area Plan Commission , PETITION PREPARED BY: obert W. Sante Area Plan Commission Executive Director 1140 County-City Building South Bend, IN 46601 219-235-9571 Fl/�Cfi �fi COL�P�'� �f��,;�. �' �---�-.�..,.., � k AP�? a ; -�� • �44 � j� L+�i�1��"'8.+a.uai R,'}�� k�•,• ,,,,�� ! . .."<'r..��.��%�ii�. f � ati.s-s.��...,,.+.�.a..�-,� � � Area Plan Commission of St. Joseph Count� _� • • • ' 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 April 16, 1997 The Honorable Common Council ►a''� i I ( �� City of South Bend 1� I L L� v lJ __�. County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission to zone from "A" Residential and "E" Heavy Industrial, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located at the northeast corner of New Energy Drive and S.R. 23, City of South Bend - APC #1764-97 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on April 3, 1997. The Area Plan Commission at its public hearing on April 15, 1997, took the following action: Upon a motion by Tim VanOverberghe, being seconded by Bruce Huntington and carried, the proposed ordinance initiated by the Area Plan Commission to zone from °A" Residential and "E�� Heavy Industrial, "A° Height and Area to "D° Light Industrial, °A" Height and Area, property located at the northeast corner of New Energy Drive and S.R. 23, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. Although final site plans are not usually required for petitions initiated by the Area Plan Commission, it should be required in this instance to protect the single family area immediately to the east of the subject property. The petition area is bordered by "E" Heavy Industrial zoning to the north, State Road 23 to the south, and New Energy Drive to the west. New Energy Drive is a road designed to allow for heavier trucks and traffic usually associated with industrial activity. State Road 23 provides access to the bypass, which is less than one-half mile away. In the Commission's opinion, "D" Light Industrial zoning is a logical transition from the "E" Heavy Industrial zoning to the north. 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. Since ely, Filed in Cl�r�c'� p�f��eJ Ro rt W. Sante { f RWS:sr �� 0 1997 � Attachment CRYCL��p p�yp�qp,}. � CC: Kurt D & Mary F. Youngs Albert G. Mickleson ��"��" City of South Bend Serving South Bend,Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County,Indiana r ' - . ' � , STAFF REPORT April 7, 1997 Initiated bv the Area Plan Commission 1764-97 Location: the northeast corner of New Energy Drive and S.R, 23 City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to rezone from '�A" Residential, and "E" Heavy Industrial, "A" Height and Area to "D" Light Industrial, "A'� Height and Area to a11ow the appropriate zoning for property annexed into the City of South Bend. EXISTING LAND USE: The property contains vacant land and a small building. SURROUND2NG LAND USE AND ZONING: Located to the north is vacant land zoned "E" Heavy Industrial, "A" Height and Area; to the east are single family homes zoned "A° Residential, "A" Height and Area; to the south are single family homes zoned "A�� Residential, "A" Height and Area; and to the west are � single family homes and agricultural land zoned "A" Agriculture. ACCESS: Access to the site is from State Road 23 and New Energy Drive. 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 approximately 38 acres. ENVIRONMENTAL D1.1TA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: AGENCY COMMENTS: In 1996, a petition to rezone from "A" Agricultural to "M" Manufacturing to allow an industrial park was denied by the County Council. PRELIMINARY STAFF RECOMMENDATION: Based on 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 development plan. Although final site plans are not usually required for petitions initiated by the Area Plan Commission, it STAFF REPORT April 7, 1997 should be required in this instance to protect the single family area immediately to the east of the subject property. The petition area is bordered by "E" Heavy Industrial zoning to the north, State Road 23 to the south, and New Energy Drive to the west. New Energy Drive is a road designed to allow for heavier trucks and traffic usually associated with industrial activity. State Road 23 provides access to the by-pass, which is less than one-half mile away. In the Staffs opinion, "D" Light Industrial zoning is a logical transition from the "E" Heavy Industrial zoning to the north. �� ■ �� ■�aa ■�aa�a �� a� �r� �� E _f E _f .�._ ��, _, .�._ �..�a i�n.i:�, .�.■ma �� - ,�em,� ■a�a� �� ' ��a - a __ . __ �� ,...�, � �m�� t�� "�� .___. \;,�.�;�; \ � ::. ..;:.; \ mmm ._:.�,,,� \ mmmmmmmmmmm mmm mmm � ��mmmmmmmmmmmm mmmmmm \ ��mmm�� m� _ ; _ / J,. ��mm��mm �� . , ., �� . ' ' ' :;1111111��•��`� A ��► �� .:�, .. �: ��►� ,`„� ..\,�,;; \ —: � c \\ �\�� `, �,�� \ ` u:' \ ` ` ` � � ` \ ' � � ' ` -�: ' \ ` ��: \ J�i ` �1� ' ' .�_!I� .�JI■ J,: �� - a , , . .. . . , . . , . . ............. . . . . . . . . .. . : , . - , „ .. :,, . - , _ . -