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Home My WebLink About8522-94 Zoning - 1129 Hickory Rd ORDINANCE No. 8522-94 Passed by the Common Council of the City of South Bend, Indiana. July 25, /9 94 Attest: City Clerk IRENE K. GAMMON Attest: r President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 26, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me jAd_ 2 19 9</ Mayor ORDINANCE NO. JW.42-7 5d AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1129 Hickory 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, 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: Part of the South i of the Northeast 4 of Section 5, Township 37 North, Range 3 East, South Bend, Indiana, described as follows: Beginning at the Northeast corner of the South 1 of the Northeast 4 of Section 5, Township 37 North, Range 3 East; thence South 00°-00 ' -00" West (bearing assumed) on the East line of Said Section 5, a distance of 300. 00 feet; thence North, 890-39 ' -00" West parallel to the North line of the South 2 of the Northeast 4 of said Section 5, a distance of 336.00 feet; thence North 00°-00 ' -00" East parallel to the East line of said Section 5, a distance of 300.00 feet to the North line of the South i of the Northeast 4 of said Section 5; thence South 89°-39 ' -00" East on said North line, a distance of 336.00 feet to the point of beginning. Subject to legal highways and easements of record. be and the same is hereby established as "B" Residential, "B" Height and Area district. 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. Me .: .f the Co506,/ Counc i l • Date Filed Application No. Date Received by the Area Plan Commission I (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: 1129 Hickory Road South Bend, Indiana 46615 2 ) Name and address of property owner(s) of the petition site: Superior Properties Inc. 2400 Miracle Lane Mishawaka, Indiana 46545 3) Name and address of contingent purchaser(s) : McDonald Physical Therapy, P.C. 1001 Hickory Road, Suite 6 South Bend, Indiana 46615 4) It is desired and requested that this property be rezoned From "B" Residential, "B" Height and Area To "B" Residential, "B" Height and Area 5) This rezoning is requested to allow the following use(s) Physical Therapy Office 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners withing 300 feet of the petition property; and (c) five (5) 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 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 ( 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. PETITION PREPARED BY: John Becker ArociAcnf Mumma-be /Wor"t 0Ju the Comm Moonlit of the (Eig of*mill ilrnd: Your Committee of the Whole to whom was referred BILL NO. 51-94 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1129 HICKORY 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 recommended to the Council favorable. Chairman Roland Kelly FREE PRESS PUBLISHING CO. AREA rPLAN .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 - s/— 9" July 6, 1994 dot The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Superior Properties, Inc. to zone from "B" Residential, "B" Height and Area to "B" Residential, "B" Height and Area, property located at 1129 Hickory Road, City of South Bend - APC #1610-94 Dear Council Members: The above referenced ordinance and site development plan of Superior Properties, Inc. was legally advertised on June 9, 1994. The Area Plan Commission at its public hearing on July 5, 1994, took the following action: Upon a motion by Bruce Huntington, being seconded by Gerry Phipps and unanimously carried, the proposed ordinance and site development plan of Superior Properties, Inc. to zone from "B" Residential, "B" Height and Area to "B" Residential, "B" Height and Area, property located at 1129 Hickory Road, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. In the Commission's opinion, the land use decision has already been made for this area along Hickory Road. Offices have been constructed to the south of this site, and two nearby sites have been rezoned for offices on the opposite side of Hickory Road. The proposed use should not substantially alter the existing land use pattern in 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. Sincerely, Richard S Johnson RSJ:sr Attachment CC: Superior Properties, Inc. CC: McDonald Physical Therapy, P.C. CC: Edward M. Fisher Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT June 13, 1994 Superior Properties, Inc. 1610-94 Location: 1129 Hickory Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "B" Residential, "B" Height and Area to "B" Residential, "B" Height and Area to allow a physical therapy office. EXISTING LAND USE: The property contains a building housing a radio station, which is to be removed prior to construction of the new office building. SURROUNDING LAND USE AND ZONING: Located to the north and west are single family homes zoned "A" Residential; to the east is a single family home zoned "R" Residential in the County; and to the south are office buildings zoned "B" Residential. ACCESS: Access to the site is from Hickory 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 88,800 square feet. Of that, the buildings will occupy 12,771 square feet, or 14 percent of the site; the parking and drives will occupy 39,273 square feet, or 44 percent of the site; and 47,769 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 final. AGENCY COMMENTS: This site was rezoned to "B" Residential as part of the rezoning for the office park being developed immediately to the south. However, no development other than the existing radio station was planned for this area of the site at that time. • . • • -•}" J 673 648 . .. „ - . 670 - 647 672 - I .� 671 645 644 643 642 641 640 639 0 646 CC f-------;"-------"----------E X F - --1 ORD q DR . J 570 -� 1 -III • RES. RES. RES. RES. fer 635 636 637 638 RES. 1 J- on 600 0 T 1 1 i-1 � ---- -1 RES. L!d 11j1 !i S MI -——- RES. RES. RES. RES. L^ I I 566 RES. RES. RES. CATALPA M! 565 RES. 3 7 I RES. IN `yRES''MI. Petition Area I � RES. RES. 111 an A.P.C. 1403-91 - H Pending RES. RES. COMMON. 590 RES. RES. RES. 579 589 ( u L-- --_r RES. RES. __; H K OW N 580 ��_, I I A L 588 '(] 0FFI I RES. RES. 581 587 En Z.O. 4817-65 bin z RES. RES. - -•••', _ 582 - 586 En rRO.-'I kin J RES. RES. OFFICE W �,,Ein 583 m LA 585 RES._ R . I I RES.Jl R 446 - � J BERRY 445 584 613 J 622 0 Q APC 1403-91 I OXFORD L N . = 621 Z.O. 8184-91 v 0 w - I 1- = 620 439 438 437 436 435 434 433 - I 619 Li — - - - 1 REZONING FROM: "B" RESIDENTIAL, "B" HEIGHT & AREA TO: "B" RESIDENTIAL, "B" HEIGHT & AREA - PETITION AREA I I Allethk SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1610-94 "B" RESIDENTIAL I I COUNTY ZONING I I 0 100 200. "R" RESIDENTIAL I I r iii iii `i "0" OFFICE I I Grophic Scole