HomeMy WebLinkAbout8372-93 Amending Zoning Ordinance Southwest Corner of Ireland & Linden Roads ORDINANCE No. 8372-93
Passed by the Common Council of the City of South Bend, Indiana_
May 10, 93
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Attest: City Clerk
IRENE K. GAMMON
Attest: �"`J� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 11, 93
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City Clerk
IRENE K. GAMMON
Approved and signed by me ) 1 1g ,3
Mayor
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ORDINANCE NO. 7.3 72 - I3
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
IRELAND AND LINDEN ROADS
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:
A parcel of land being a part of the Northeast Quarter of the
Southeast Quarter of Section 27, Township 37 North, Range 2 East,
Centre Township, City of South Bend, St. Joseph County, Indiana
and being more particularly described as follows:
Commencing at the East Quarter corner of said Section 27, thence
North 89°25'34" West along the East-West centerline of said
Section 27, a distance of 100.73; thence South 0°34'26" West, a
distance of 65. 00 feet to the place of beginning also being the
Southerly right-of-way line of Ireland Road; thence South
89°03'02" West along said Southerly line, a distance of 940. 33
feet; thence South 31°46'56" West, a distance of 24.18 feet to
the Northeasterly right-of-way line of the U.S. #20 Bypass;
thence South 47°43'32" East along said Northeasterly line, a
distance of 228.61 feet to a point of curvature; thence along
said curve to the left having a radius of 3709.72 feet and a
central angle of 03°19'15" and limited in length by a chord which
bears South 49°23'10" East, a distance of 214.98 feet; thence
South 45°55'33" East along said Northeasterly line, a distance of
97.76 feet to a point of non-tangent curvature; thence along said
curve to the left having a radius of 3719.72 feet and a central
angle of 10°19'34" and limited in length by a chord which bears
South 57°42'34" East, a distance of 669.48 feet to the Westerly
right-of-way line of Linden Road; thence North 05°58'51" East
along said Westerly line, a distance of 360.22 feet; thence North
0°24'18" East along said Westerly line, a distance of 361.70
feet; thence North 57°26'23" West, a distance of 66. 07 feet to
the place of beginning containing 9.8 acres more or less.
Subject to any easements, covenants or restrictions of record.
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.
l''. 4"246-r4duLd12 ----
Member of 1 Common Council
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Date Filed Application No.
Date received by the Area Plan Commission
PETITION FOR REZONING
Disabled American Vets Chapter 6, Inc. , owner of the real
estate located at the southwest corner of Ireland and Linden
Roads, South Bend, Indiana, and Hondo Incorporated, d/b/a
Northern Indiana Coca-Cola Bottling Co. , as contingent purchaser,
hereby make application to the Common Council of South Bend,
Indiana to amend the South Bend Zoning ordinance from "A"
Residential, "A" Height and Area, to "D" Light Industrial, "A"
Height and Area for the subject property. In support of this
application, the property owner and contingent purchaser submit
the following:
1. The property to be rezoned is a vacant and undeveloped
lot located at the southwest corner at the intersection of
Ireland and Linden Roads, in South Bend, Indiana.
2 . The name and address of the property owner is:
Disabled American Vets Chapter 6, Inc.
117 South William Street
South Bend, Indiana 46601
Telephone: (219) 233-7578.
3 . The name and address of the contingent purchaser of the
property is: Hondo Incorporated
d/b/a Northern Indiana Coca-Cola Bottling Co.
7400 North Oak Park Avenue
Niles, Illinois 60714-3818
Telephone: (312) 775-0900.
4. It is desired and requested that the property be rezoned
from "A" Residential, "A" Height and Area, to "D" Light
Industrial, "A" Height and Area.
5. This rezoning is requested to allow the following uses:
Distribution facility, warehouse and offices.
The rezoning for this use will be of benefit to the property
and surrounding neighborhood.
owners within 300 feet of the petition property; (c) five (5)
copies of the site plan; and (d) addressed, stamped envelopes for
all property owners within 300 feet of the petition property.
7. By signing this petition, the property owner and the
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 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.
OWNER:
DISABLED AMERICAN VETS CHAPTER 6, INC.
Jois e S. K1 bosits
I s: 1.6 es.? � h��
C. ma►der Q�
By: A'v
Its:4�l_y; R. bo
p 7
i
Secretary/Treasurer
CONTINGENT PURCHASER
HONDO INCORPORATED
d/b/a Northern Indiana Coca-Cola Bottling Co.
By: /'
James ho Masters (#9074-71)
EMET , MASTERS & LEONE
30 'orwest Bank Building
112 West Jefferson Boulevard
South Bend, Indiana 46601
Telephone: (219) 234-0121
Its: Attorney
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LEGAL DESCRIPTION
A parcel of land being a part of the Northeast Quarter of the
Southeast Quarter of Section 27, Township 37 North, Range 2 East,
Centre Township, City of South Bend, St. Joseph County, Indiana
and being more particularly described as follows:
Commencing at the East Quarter corner of said Section 27, thence
North 89°25'34" West along the East-West centerline of said
Section 27, a distance of 100.73; thence South 0°34'26" West, a
distance of 65. 00 feet to the place of beginning also being the
Southerly right-of-way line of Ireland Road; thence South
89°03'02" West along said Southerly line, a distance of 940. 33
feet; thence South 31°46'56" West, a distance of 24. 18 feet to
the Northeasterly right-of-way line of the U.S. #20 Bypass;
thence South 47°43'32" East along said Northeasterly line, a
distance of 228. 61 feet to a point of curvature; thence along
said curve to the left having a radius of 3709.72 feet and a
central angle of 03°19'15" and limited in length by a chord which
bears South 49°23'10" East, a distance of 214.98 feet; thence
South 45°55'33" East along said Northeasterly line, a distance of
97.76 feet to a point of non-tangent curvature; thence along said
curve to the left having a radius of 3719.72 feet and a central
angle of 10°19'34" and limited in length by a chord which bears
South 57°42'34" East, a distance of 669.48 feet to the Westerly
right-of-way line of Linden Road; thence North 05°58'51" East
along said Westerly line, a distance of 360.22 feet; thence North
0°24'18" East along said Westerly line, a distance of 361.70
feet; thence North 57°26'23" West, a distance of 66. 07 feet to
the place of beginning containing 9.8 acres more or less.
Subject to any easements, covenants or restrictions of record.
Minitintttn arpnrt
Qto tie Cm= kiountil of tlir Qlttg of*until Nrnd:
Your Committee
of the Whole
to whom was referred
BILL NO.
18-93 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF IRELAND AND LINDEN
ROADS IN THE CITY OF SOUTH BEND, INDIANA.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Thomas Zakrzewski
Chairman
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AREAS 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
�/z G /t- 9-3
April 21 , 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 Disabled American Vets
Chapter 6, Inc. to zone from "A" Residential, "A" Height and Area to "D" Light
Industrial , "A" Height and Area, property located at the southwest corner of
Ireland and Linden Roads, City of South Bend - APC #1510-93
Dear Council Members:
The above referenced ordinance and site development plan of Disabled American
Vets Chapter 6, Inc. was legally advertised on April 8, 1993. The Area Plan
Commission at its public hearing on April 20, 1993, took the following action:
Upon a motion by John Leszczynski , being seconded by Joseph Serge and carried,
the proposed ordinance and site development plan of Disabled American Vets
Chapter 6, Inc. to zone from "A" Residential , "A" Height and Area to "D" Light
Industrial , "A" Height and Area, property located at the southwest corner of
Ireland and Linden Roads, City of South Bend is sent to the Common Council with a
favorable recommendation, subject to a final site development plan. This site is
bounded by the U.S. 20/31 Bypass to the south and west, and industrially zoned
property to the east. The residentially zoned property located to the north
across Ireland Road has not yet been developed. In the Commission's opinion, the
proposed use is appropriate for this site, and should not have a negative impact
on 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 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
t
Richard S. Johnson
RSJ:sr
Attachment
CC: Disabled American Vets Chapter 6, Inc.
CC: Hondo Incorporated
CC: James Masters
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN
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STAFF REPORT April 12; 1993'
Disabled American Vets Chapter 6, Inc. 1510-92
Location: the southwest
corner of Ireland and Linden
Roads
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "A" Residential , "A" Height and Area to
"D" Light Industrial , "A" Height and Area to
allow the construction of a warehouse.
EXISTING LAND USE: The property is currently vacant .
SURROUNDING LAND USE AND ZONING: Located to the north is vacant property and a
single family home zoned "A" Residential ; to
the east is a warehouse, a transmission tower,
and vacant land zoned "M" Manufacturing; and
to the south and west is the U.S. 20/31 Bypass
and a single family subdivision zoned "R"
Residential .
ACCESS: Access to the site is from Ireland Road and
Linden Road.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer will be made available to the
site.
DRAINAGE: The drainage has not been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 10 acres. Of
that , the buildings will occupy 1 .7 acres, or
17 percent of the site; the parking and drives
will occupy 1 .9 acres, or 19 percent of the
site; and 6.4 acres or 64 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 .
SI'I'E PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer noted that municipal sewer
and water lines are located approximately 900
feet to the east of the site along Ireland
Road. The petitioner intends to connect to
these systems.
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REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA APC #1510-93
TO: "D" LIGHT INDUSTRIAL, "A" HEIGHT AND AREA
PETITION AREA I I
SOUTH BEND ZONING
"A" RESIDENTIAL I I
COUNTY ZONING
"R" RESIDENTIAL i 1
"M" MANUFACTURING I ... 1
NORTH