Loading...
HomeMy WebLinkAbout8529-94 Zoning - North Side of New Cleveland Rd • ORDINANCE No. 8529-94 Passed by the Common Council of the City of South Bend, Indiana August 8, r9 94 Attest: City Clerk IRENE K. GAMMON Attest: �/i i. '' 4i ' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— August 9, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me o��-- Mayor ORDINANCE NO. ma i7-94/. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF NEW CLEVELAND ROAD, EAST OF MAYFLOWER ROAD, ALL BEING IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED By the Common Council of the City of South Bend, INDIANA, that: 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: e. Parcel 1: Property located on the north side of New Cleveland Road west of the Toll Road Industrial Park Subdivision, being legally described as: Parcels of land located in the West half of Section 21, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana, described as follows: Beginning at the center point of Section 21; thence North along the West line of the Toll Road Industrial Park Subdivision 1325.083 feet; thence West 661.02 feet; thence North 684.97 feet, more or less, to a point on the North line, extended west, of the Toll Road Industrial Park Subdivision; thence West along said extended North line a distance of 800 feet, more or less, to the West property line of a parcel identified as St. Joseph County Tax Key 25-1013-0207.02; thence South a distance of 355 feet, more or less, to a point on the South line, extended East, of Hartman & De Maegt Subdivision; thence West along said extended South line, a distance of 530 feet, more or less, to the East line, extended North, of Trans Tech Properties Minor Subdivision; thence South along said East line and extended East line a distance of 1125.14 feet, more or less, to the North right-of-way line of New Cleveland Road; thence Southeasterly along the North right-of-way line of New Cleveland Road a distance of 1630.36 feet; thence East 180 feet to the point of beginning and containing approximately 64 acres, more or less. be and the same is hereby established as "D" Light Industrial, "A" Height and Area. SECTION II. 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: Parcel 2: Property located between New Cleveland Road and Brick Road, east of Mayflower Road, being legally described as follows: Parcels of land located in the East half of Section 20 along the centerline of Mayflower Road; thence Southeast 74.74 feet; thence East by Southeast 2757 feet along the North right-of-way line of New Cleveland Road to the Southwest Corner of Trans Tech Properties Minor Subdivision; thence North 669.74 feet along the West line of said subdivision to the Northwest corner of Lot 2, Trans Tech Minor Subdivision; thence East 561.72 feet along the North line of said subdivision; thence North 329.97 feet, more or less, to the South line, extended east, of Hartman De Maegt Subdivision; thence West along said South line and South line extended and the South line of High Meadows Estates to the Southwest corner of Lot 35 of High Meadows Estates; thence north along the West line of said subdivision to a point 750 feet South of the centerline of Brick Road; thence West parallel with the centerline of Brick Road 420 feet, more or less; Thence North parallel with the West line of High Meadows Estates 750 feet, more or less, to the centerline of Brick Road; thence West along the centerling of Brick Road to the point of beginning, containing 66.7 acres, more or less. be and the same is hereby established as "BP" Business Park. SECTION VI. 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. ir /� A A r `/ Me�•= the Commo//' cil 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: Between Cleveland Road and Brick Road, east of Mayflower Road; generally known as the Shively De Maegt Annexation Area. 2) Name and address of property owner(s) of the petition site: Rael Brown 17395 Turnbury Court Granger, IN 46530 Marilyn Brown 1821 Campeau Street South Bend, IN 46617 Norwest Bank 112 W. Jefferson C/O Trust Department - Attn Denise Pendl, Trust Officer South Bend, IN 46601 Raymond E. and Justine DeMaegt 2705 Marquette Blvd. South Bend, IN 46628 Viola Shively Estate 23260 Brick Rd. South Bend, IN 46628 3) Name and address of contingent purchaser(s) , if applicable: N/A 4) It is desired and requested that these properties be rezoned from "A" Residential, "A" Height and Area to "D" Light Industrial "A" Height and Area, and "BP" Business Park 5) This rezoning is requested to allow the following use(s) : To appropriately rezone properties annexed into the City of South Bend for their intended purposes. 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. Initiated by t-e Area Plan Commission R' - and S. Johnson Executive Director PETITION PREPARED BY: Area Plan Commission - j C00 KMBM•S MAYFLOWER 00" 149" SVB: T - 1 II i I lii II_ T- II i I 1 - 1 ' 1 1 I�r 1 , L _____ .+_ _y—c - -�- -mgt i G tB,....17.- °�, o L - ------------)-.: ....,-:,___...--____________________________________„, G / r . i ia` �� J1 WA. i / , / ,...; N 4-`4.':111-'---------- * ...., 4 I 1431 --. IOtt-I10.! InrtxrTRTt-.ff - 44 I 4 ro. 1 , . , . ..„ ,. . , ...,. 1 . win. I --E-al a 6� taw- . E ':i.„1.-4,,:,.'7,6::, :;::,-„"j4,:1.4*:;:,,......,,,,,, R .� tir1?T .ti 1 1 1 "A" , REZONING FROM: A A" RESIDENTIAL, "A" HEIGHT & AREA ArM TO: "D" LIGHT INDUSTRIAL, "A" HEIGHT & AREA 1 I TO: "BP" BUSINESS PARK Albk SOUTH BEND ZONING COUNTY ZONING APC #1619-94 "A" RESIDENTIAL I I "R" RESIDENTIAL "B" RESIDENTIAL I 1 "C" COMMERCIAL "D" LIGHT INDUSTRIAL "E" HEAVY INDUSTRIAL I :I fiummtttn ?part can tie Tomnwn Qiounlit of tip OIitg of$ou#1t end: Your Committee of the Whole to whom was referred BILL NO. 74-94 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF NEW CLEVELAND ROAD, EAST OF MAYFLOWER ROAD, ALL BEING 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 favorable. Chairman FREE PRESS ofteryD PUBLISHING CO. AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 7 Y_9 July 20, 1994 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area and "BP" Business Park, property located on the north side of New Cleveland Road, east of Mayflower Road, all being in the City of South Bend, Indiana - APC #1619-94 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on July 7, 1994. The Area Plan Commission at its public hearing on July 19, 1994, took the following action: Upon a motion by Lee Slavinskas, being seconded by Gerry Phipps and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area and "BP" Business Park, property located on the north side of New Cleveland Road, east of Mayflower Road, all being in the City of South Bend, Indiana is sent to the Common Council with a favorable recommendation. The area proposed for "D" Light Industrial zoning lies between two established industrial areas to the east and west. None of the frontage along Brick Road in this area is being proposed for "D" Light Industrial zoning. The west portion of the petition area is being proposed for "BP" Business Park zoning to allow an appropriate use of this site, located along New Cleveland Road, while providing protection to the residential area to the north. The "BP" District regulations contain extensive screening and setback requirements which were specifically designed to protect adjacent residential areas from any negative effects that might be generated by business uses. 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. Sincerely 1 bert . Sa to RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • STAFF REPORT July 11, 1994 Initiated by the Area Plan Commission 1619-94 Location: Shively-Demaegt Annexation Area City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to rezone from "A" Residential, "A" Height and Area to "D" Light Inustrial, "A" Height and Area and "BP" Business Park to establish proper zoning for properties recently annexed into the City of South Bend. EXISTING LAND USE: All of the property to be rezoned is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes and vacant property zoned "R" Residential within the County; to the east is the Toll Road Industrial Park zoned "D" Light Industrial; to the south is an electrical contractor zoned "D" Light Industrial and the Cleveland Road and Indiana Toll Road rights-of-way; and to the west is vacant land and two businesses zoned "D" Light Industrial. ACCESS: Access to the site is from Cleveland and Mayflower Roads. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: SITE DATA: The total site to be rezoned is approximately 130.7 acres. Of that, approximately 64 acres will be zoned "D" Light Industrial, and approximately 66.7 acres will be zoned "BP" Business Park. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood or environmental hazard areas are present. The parcel to be zoned "BP" Business Park contains one wetland. SITE PLAN: A site plan is not required for rezonings initiated by the Area Plan Commission. AGENCY COMMENTS: The annexation for this property became final in January of this year. The Staff has waited until after the adoption of the "BP" Business Park zoning district to propose a zoning plan for this area. A portion of this site was zoned "M" Manufacturing in the County, and is proposed to be zoned "D" Light Industrial under this zoning plan.