HomeMy WebLinkAbout8383-93 Zoning - South Side of Jackson Rd 2642.32 FT. East of Ironwood Rd ORDINANCE No. 8383-93
Passed by the Common Council of the City of South Bend, Indiana.
June 14, /993
Attest: City Clerk
IRENE K. GAMMON
Attest: — President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
June 15, iq 93
City Clerk
IRENE K. GAMMON
Approved and signed by me \ L 19 Q
o
Mayor
ORDINANCE NO. 23'3- 93
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD 2642.32 FT. EAST
OF IRONWOOD 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:
PARCEL I.
That part of the Northeast quarter of Section 32, T. 37 N., R. 3 E. , Penn
Township, St. Joseph County, Indiana which is descried as: Beginning at a
Point on the East line of said Section which is S. 00"7,10'-04" E. , 581.96 ft.
from the Northeast Corner of said Section; thence S. 000-10 '-04" E. along said
line, 2024.22 ft. to the East quarter Post of said Section; thence S. 89"-25'-
22" W. along the East and West quarter line of said Section, 600.00 ft.;
thence around a 1000.00 ft. radius curve to the Right an Arc distance of
230.51 ft. to the end of a chord which bears N. 83u-58'-25" W. and having a
distance of 230.00 ft.; thence N. 77u-22'12" W., 380.00 ft.; thence around a
1000.00 ft. radius curve to the Left an Arc distance of 230.51 ft. to the end
of a chord which bears N. 83u-58'-25" W. and having a distance of 230.00 ft.;
thence S. 89u-25'-22" W. 500.00 ft.; thence around a 399.53 ft. radius curve
to thg Right an Arc distance of 405.09 ft. to the end of a chord which bears
N. 61"-31'-50" W. and havir0q a distance of 387.96 ft.- thence Nb 32 -29'-01"
W., 77.24 ft.; thence N. h7 -30'-59" E., 260.00 ft.; thence N. 32 -29'-01" W.,
390.00 ft.; thence S. 57 -30'-59" W., 260.00 ft.; thence N. 320-29'-01" W.,
407.94 ft.; thence around a 684.08 ft. radius curve to the Left an . Arc
distance of 349.68 ft. to the end of a chord which bears N. 47 -07'-40" W. and
having a distance of 345.89 ft.; thence N. 28u-13'-41" E., 821.03 ft.; thence
around a 303.73 ft. radius curve to thS Left an Arc distance of 59.38 ft. to
the end of a chord which bears N. 22u-371-38" E. and having . a distance of
59.29 ft.; thence N. 89u-47'-22" E., 221.79 ft.; thence around a 446.08 ft.
radius curve to th8 Left an Arc distance of 251.52 ft. to the end of a chord
which bears N. 73u-38'-12" E. and having a distance of 248.20 ft.; thence
around a 655.00 ft. radius curve to the Right an Arc distance of 639.12 ft. to
the end of a chord which bears N. 850-26 '-13" E. and having a distance of
614.06 ft.; thence S. 66"-36'-36" E., 150.00 ft.; thence around a 545.00 ft.
radius curve to the Left an Arc distance of 418.99 ft. to the end of a chord
which bears S. 88"-38'-03" E. and having a distance of 408.75 ft.; thence N.
69u-20'-29" E., 350.00 ft.; thence around a 505.00 ft. radius curve to the
Right an Arc distance of 569.42 ft. to the end of a chord which sears S. 78u-
21'-22" E. and having a distance of 539.73 ft.; thence S. 46u-03'43" E. ,
140.58 ft. to the Point of Beginning.
Containing 122.8346 Acres.
BE AND THE SAME IS HEREBY ESTABLISHED AS "B" RESIDENTIAL, "A" HEIGHT & AREA.
PARCEL II.
That part of the Northeast quarter of Section 32, T. 37 N., R. 3 E., Penn
Township, St. Joseph County, Indiana which is described as: Beginning at a
Point which is S. 32°-29'-01" E., 230.00 ft. from a Point on the North and
South quarter line of said Section which is S. Of -12 -38" E., 1713.62 ft.
from the North qu-ter Post of said Section; thence N. 57 :-30'-59" E., 260.00
ft.; thence S. 3g"-29'-01" E. 390.00 ft.; thence S. 57°-30'-59" W., 260.00
ft.; thence N. 32�-29'-01" W., 390.00 ft. to the Point of Beginning.
Containing 2.3278 Acres.
BE AND THE SAME IS 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.
MEMO OF THE COMMON COUNCIL
Ejr-i signed only to n.rovii~e an
oppor tun i t
and Councta a.o:Icri on the issue..
Filed in Clerk's Office-
1 st READING 41-/0?-98
PUBLIC HEARING to - /4{ 93 1` 3
3rd READING -/4/- 9-3
NOT APPROVED IREIVE GAMMON
REFERRED CITY CLERK,SO.BEND,IN.
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 BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED.
1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED AT:
The South of Jackson Road, approximately 2642.32 ft.-east of Ironwood Road
South Bend, Indiana.
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
Relative Real Estate Management Inc.
1907 Farmington Ave.
Bristol Conn. 06010
PHONE NUMBER (219) 234-7606
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,"A" HEIGHT & AREA
TO "B" RESIDENTIAL, & "C" COMMERCIAL ,"A" HEIGHT & AREA
5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). MULTI-FAMILY CONDOMINIUMS;
B). 10,000 SQ.FT. SMALL RETAIL SHOPS
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) 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 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 PEITITION 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,
Fredrick R. ains
Attorney-in-fact
Relative Real Estate Management Inc.
1907 Farmington Ave.
Bristol, Conn. 06010
PETITIONED PREPARED BY & CONTACT:
PEIRCE & ASSOCIATES
3231 SUGAR MAPLE COURT
SOUTH BEND, INDIANA 46628
PHONE NUMBER (219)- 234-4003
LEGAL DESCRIPTIONS
PARCEL I.
That part of the Northeast quarter of Section 32, T. 37 N., R. 3 E. , Penn
Township, St. Joseph County, Indiana which is descried as: Beginning at a
Point on the. East line of said Section which is S. 0.0 -10'-04" E., 581.96 ft.
from the Northeast Corner of said Section; thence S. 00°-10'-04" E. along said
line, 2024.22 ft. to the East quarter Post of said Section; thence S. .89 -25'-
22" W. along the East and West quarter line of said Section, 600.00 ft.;
thence around a 1000.00 ft. radius curve to the Right an Arc distance of
230.51 ft. to the end of a chord which bears N. 83u-581-25" W. and having a
distance of 230.00 ft.; thence N. 77u-22'12" W. , 380.00 ft.; thence around a
1000.00 ft. radius curve to the Left an Arc distance of 230.51 ft. to the end
of a chord which bears N. 83u-58'-25" W. and having a distance of 230.00 ft.;
thence S. 89u-251-22" W. , 500.00 ft.; thence around a 399.53 ft. radius curve
to th8 Right an Arc distance of 405.09 ft. to the end of a chord which bears
N. 61u-311-50" W. and having a distance of 387.96 ft.; thence Nb 32 -29'-01"
W. , 77.24 ft.; thence N. h7 -30'- 59" E. 260.00 ft.; thence N. 32 -29'-01" W.,
390.00 ft.; thence S. 57u-30'-59" W., 260.00 ft.; thence N. 32°-29'-01" W.,
407.94 ft.; thence around a 684.08 ft. radius curve to the Left an Arc
distance of 349.68 ft. to the end of a chord wiich bears N. 47u-07'-40" W. and
having a distance of 345.89 ft.; thence N. 28u-131-41" E. , 821.03 ft.; thence
around a 303.73 ft. radius curve to th8 Left an Arc distance of 59.38 ft. to
the end of a chord which bears N. 22u-37'-38" E. and having a distance of
59.29 ft.; thence N. 89 -47'-22" E., 221.79 ft.; thence around a 446.08 ft.
radius curve to thg Left an Arc distance of 251.52 ft. to the end of a chord
which bears N. 73"-38'-12" E. and having a distance of 248.20 ft.; thence
around a 655.00 ft. radius curve to the Right an Arc distance of 639.12 ft. to
the end of a chord which bears N. 85°-26'-13" E. and having a distance of
614.06 ft.; thence S. 66 -36'-36" E., 150.00 ft.; thence around a 545.00 ft.
radius curve to the Left an Arc distance of 418.99 ft. to the end of a chord
which bears S. 88u-381-03" E. and having a distance of 408.75 ft.; thence N.
69u-20'-29" E., 350.00 ft.; thence around a 505.00 ft. radius curve to the
PARCEL II.
That part of the Northeast quarter of Section 32, T. 37 N., R. 3 E., Penn
Township, St. Joseph County, Indiana which is described as: Beginning at a
Point which is S. 32°-29'-01" E., 230.00 ft. from a Point on the North and
South quarter line of said Section which is S. 00°- 12'- 8" E. 1713.62 ft.
from the North qua1ter Post of said Section; thence N. 57 -30'-59" E., 260.00
ft.; thence S. 3� -29 '-01" E. 390.00 ft.; thence S. 57°-30'-59" W., 260.00
ft.; thence N. 32u-29'-01" W., 390.00 ft. to the Point of Beginning.
Containing 2.3278 Acres.
Qtmnuttttrr Erpurt
Oki tie Cotonou' ffouiwtl of tip Q ttn of£►outs Neu):
Your Committee
of the Whole
to whom was referred
BILL NO.
26-93
A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH
SIDE OF JACKSON ROAD 2642. 32 FT. EAST OF IRONWOOD 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.
Thomas Zakrzewski
Chairman
PROPERTY OWNERS WITHIN 300 FEET
OF PETITION SITE
1 . Relative Real Estate Limited Partnership
413 West Jefferson Boulevard
South Bend, IN 46601
2. Stonehedge Estates Limited Partnership
2211 East Jefferson Boulevard
South Bend, IN 46615
3. Daniel & Sharon Scott
17250 Jackson Road
South Bend, IN 46614
4. First Source Bank, Trustee
P.O. Box 1602
South Bend, IN 46634
5. Leanne Miller
60151 Grass Road
South Bend, IN 46614
6. FM Property Management, Inc.
421 S. Second Street
Elkhart, IN 46516
7. WSJV Television, Inc.
P.O. Box 1646
Elkhart, IN 46514
8. Freda & Ruby Schafer
1626 N. Prospect Ave.
Apt. #19
Milwaukee, WI 53202
AREA FLAN 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
4LG ffc2 G-9.;
May 19, 1993
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 Relative Real Estate Management, Inc. to
zone from "A" Residential, "A" Height and Area to "B" Residential and "C" Commercial, "A"
Height and Area, property located on the south side of Jackson Road, approximately 2642 feet
east of Ironwood Road, City of South Bend - APC #1517-93
Dear Council Members:
The above referenced ordinance and site development plan of Relative Real Estate Management,
Inc. was legally advertised May 6, 1993 and May 6, 1993. The Area Plan Commission at its
public hearing on May 18, 1993, took the following action:
Upon a motion by Joseph Serge, being seconded by Willie Morgan and unanimously carried, the
proposed ordinance and site development plan of Relative Real Estate Management, Inc. to zone
from "A" Residential, "A" Height and Area to "B" Residential and "C" Commercial, "A" Height
and Area, property located on the south side of Jackson Road, approximately 2642 feet east of
Ironwood Road, City of South Bend is sent to the Common Council with a favorable
recommendation, subject to a final site development plan. This site was previously.rezoned to an
identical site plan in subject However, the project was never developed and the zoning reverted to
"A" Residential. The multi-family and commercial zoning being requested in this petition are part
of a larger plan that includes single-family homes on surrounding land. In the Commission's
opinion, the areas requested for rezoning are reasonable and would not be detrimental to the
surrounding 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 hearmg, 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: Relative Real Estate Management, Inc.
CC: Peirce & Associates
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN
gTAFF REPORT Nay 10, 1993
Relative Real Estate Management , Inc. 1517-93
Location: the south side of Jackson
Road, approximately 2642 feet east of
Ironwood Road
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "A" Residential , "A" Height and Area to
"B" Residential and "C" Comercial , "A" Height
and Area to allow multi-family condominiums
and retail shops.
EXISTI"NG LAND USE: The property is currently vacant .
SURROUNDING LAND USE AND ZONING: Located to the north is farm land and a
single-family home zoned "A" Residential ; and
to the east , south, and west are farm fields
zoned "A" Residential in the City, and "A"
Agricultural in the County.
ACCESS: Access to the site is from Jackson Road and
Johnson Road.
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 119.8 acres.
Of that , the buildings will occupy 17.6 acres,
or 15 percent of the site; the parking and
drives will occupy 23.4 acres, or 19 percent
of the site; and 78.8 acres or 66 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: This site was rezoned to a site plan identical
to the current plan in July of 1989. A final
site plan was approved for a portion of the
project in 1991 . However , construction never
took place and the zoning reverted to "A"
Residential .
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REZONING FROM: "A" RESIDENTIAL APC ilI517-93
TO: "13" RESIDENTIAL AND "C" COMMERCIAL
PETITION AREA I 1
SOUTH BEND ZONING
"A" RESIDENTIAL I I
COUNTY ZONING
"A" AGRICULTUR/11- L 1 'Cf.
"R" RESIDENTIAL [1111 I tNORTH!