HomeMy WebLinkAbout8377-93 Zoning - Auten Road 1500'+/- east of Laurel Rd •
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ORDINANCE No. 8377-93
Passed by the Common Council of the City of South Bend, Indiana.
May 24, 1993
Attest: City Clerk
IRENE K. GAMMON
Attest: l President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
May 25, 19 93
City Clerk
IRENE K. GAMMON
Approved and signed by me ' "\(ki a}(..Q 19
1-411-A- Mayor
. . • . r•
ORDINANCE NO. "277.- ?3
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT AUTEN ROAD 1500'+/-EAST OF LAUREL ROAD IN THE
LAUREL WOODS PUD
IN THE CITY OF SOUTH BEND, INDIANA
BE IT ORDAINED by the Common Council of the City of South Bend, Indiana:
Section 1. 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:
DESCRIPTION:
A parcel of land being a part of the Southeast Quarter of Section 14, Township 38
North, Range 2 East, Clay Township, City of South Bend, St. Joseph County, Indiana
and being more particularly described as follows:
Commencing at the Northwest corner of the Southeast Quarter of said Section 14, also
being the centerline of Auten Road; thence South 89-33'-26" East, a distance of
1409.26 feet along the North line of the Southeast Quarter of said Section 14, also
being the centerline of Auten Road to the point of beginning; thence continuing
South 89-33'-26" East, 306.00 feet along said North line; thence South 0-00'-00"
East, 964.62 feet; thence NOrth 89-33'-26" West, 481.46 feet; thence North 0-26'-34"
East, 117.76 feet; thence North 10-01'-58" West 30.00 feet; thence Southwesterly
24.68 feet along a segment of curve to the right having a radius of 135.00 feet,
subtended by a chord having a bearing of South 85-12'-18" West and a distance of
24.65 feet; thence North 0-26'34" East, 105.00 feet; thence North 40-14'-54" East,
39.05 feet; thence North 0-26'-34" East, 70.00 feet; thence North 47°-09'-35" West,
155.72 feet; thence North 89°-33'-26" West, 90.00 feet; thence South 54°-54'-18"
West, 124.11 feet; thence North 0°-26'-34" East, 255.81 feet; thence South 89°-33'-
26" East, 338.64 feet; thence Southeasterly along a curve to the left having a radius
of 165.00 feet, a central angle of 15°-31'-00" and limited, in length by a chord of
44.55 feet that bears South 7°-31'-45" East to a point; thence North 74-42'-58" East,
30.00 feet; thence Northeasterly 130.53 feet along a curve to the right having a
radius of 135.00 feet, subtended by a chord having a bearing of North 12-24'-55"
East, and a distance of 125.50 feet; thence Northeasterly 166.18 feet along a curve
to the left having a radius of 240.00 feet, subtended by a chord having a bearing of
North 20-16'-43" East, and a distance of 162.88 feet; thence North 0-26'-34" East,
21.92 feet; thence Northeasterly 37.67 feet along a curve to the right having a
radius of 24.00 feet, subtended by a chord having a bearing of North 45-26'-34" East,
and a distance of 33.94 feet to the South right-of-way line of Auten Road; thence
North 0-26'-34" East, 40.00 feet to the point of beginning.
be and the same is hereby established as B-RESIDENTIAL, A Height and Area District.
Section 2. 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.
Mem b f t Common Council
oppoI c.._a.... fc,r >_f on
and Cod.,.. n7= s' n ic;cu?f-!.
Date Filed Application No. /-6-07--- Y5
Date Received by the 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:
1500' +/- East of Laurel Road in the
Southeast Quarter of Section 14, Township 38
North, Range 2 East, City of South Bend,
St. Joseph County, Indiana
2) Name and Address of all property owner(s):
Laurel Woods Development Corp.
21362 Kroft
South Bend, IN 46628
3) Name and Address of contingent purchaser(s) , if any:
Golden Oaks Partnership
P.O. Box 229
Granger, IN 46350
4) It is desired and requested that this property be rezoned from B-Residential,
"A" Height and Area to B-Residential, "A" Height and Area
5) This rezoning is requested to allow the following uses:
construction of approximately 164 apartment units along with a
community building
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) a site plan; and (d) addressed, stamped envelopes of all
property owners within 300 feet to 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 petition within one 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 •' itial zoning classification. Under certain conditions, a time
exten ion o the submittal of the final site plan may be requested.
111P:.' 4"tea% Fj i
Ken y /
•1 .
Larry Gu `
PETITION PREPARED BY:
Lang, Feeney & Associates, Inc.
715 S. Michigan St.
South Bend, IN 46601
(219) 233-1841
DESCRIPTION:
. .
A parcel of land being a part of the Southeast Quarter
of Section 14, Township 38 North , Range 2 East , Clay
Township , City of South Bend, St . Joseph County, Indiana and
being more particularly described as follows:
Commencing at the Northwest corner of the Southeast
Quarter of said Section 14, also being the centerline of
Auten Road; thence South 89-33'-26" East , a distance of
1409.26 feet along the North line of the Southeast Quarter
of said Section 14, also being the centerline of Auten Road
to the point of beginning; thence continuing South
89-33'-26" East , 306.00 feet along said North line ; thence
South 0-O0'-O0" East , 964 .62 feet ; thence North 89-331-26"
West , 481 .46 feet ; thence North 0-26' -34" East , 117 . 76 feet ;
thence North 10-01 '-58" West 30 .00 feet ; thence
Southwesterly 24 .68 feet along a segment of curve to the
right having a radius of 135.00 feet , subtended by a chord
having a bearing of South 85-12'-18" West and a distance of
24.65 feet ; thence North 0-261-34" East , 105.00 feet ; thence
North 40-14'-54" East , 39.05 feet ; thence North 0-26'-34"
East , 140 .44 feet ; thence North 26-18'-26" West , 138.00
feet ; thence North 63-41 '-34" East , 113.04 feet ; thence
North 74-421 -58" East , 30 .00 feet ; thence Northeasterly
130 .53 feet along a curve to the right having a radius of
135.00 feet , subtended by a chord having a bearing of North
12-24'-55" East , and a distance of 125.50 feet ; thence
Northeasterly 166. 18 feet along a curve to the left having a
radius of 240 .00 feet , subtended by a chord having a bearing
of North 20-16'-43" East , and a distance of 162.88 feet ;
thence North O-26'-34" East , 21 .92 feet ; thence
Northeasterly 37.67 feet along a curve to the right having a
radius of 24 .00 feet , subtended by a chord having a bearing
of North 45-26'-34" East , and a distance of 33.94 feet to
the South right-of-way line of Auten Road; thence North
0-261 -34" East , 40 .00 feet to the point of beginning.
ALONG AND TOGETHER WITH the parcel used for storage garages
for Laurel Woods Apartments as recorded under instrument
number 8106263 and dated April 24 , 1982 in the office of the
Recorder of St . JoSeph County, Indiana.
•
QDnuttittrt itrport
Ma tic (dommmnt Mount-if of tie QIttg of*wily Bend:
Your Committee
of the Whole
to whom was referred
BILL NO.
13-93 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT AUTEN ROAD 1500 FEET EAST OF LAUREL ROAD 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, by substitution.
Thomas Zakrzewski
Chairman
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
/g.Z.Z- /3-- 93
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 Laurel Woods Development
Corp. to zone from "B" Residential , "A" Height and Area to "B" Residential , "A"
Height and Area, property located at Auten Road, approximately 1 ,500 feet east of
Laurel Road. , City of South Bend - APC #1509-93
Dear Council Members:
The above referenced ordinance and site development plan of Laurel Woods
Development Corp. 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 Joseph Serge, being seconded by Charles Landesman and
unanimously carried, the proposed ordinance and site development plan of Laurel
Woods Development Corp. to zone from "B" Residential, "A" Height and Area to "B"
Residential , "A" Height and Area, property located at Auten Road, approximately
1,500 feet east of Laurel Road, City of South Bend is sent to the Common Council
with a favorable recommendation, subject to a final site development plan.
Multi-family zoning was approved on this site in the past, although it was for a
lower density development . In the Commission's opinion, the proposed rezoning is
in keeping with the existing portions of the Laurel Woods development , and should
not have a negative effect 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,
Richard S. Johnson
RSJ:sr
Attachment
CC: Laurel Woods Development Corp.
CC: Golden Oaks Partnership
CC: Lang, Feeney & Associates, Inc.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN
STAFF REPORT April 12, 1993
Laurel Woods Development Corp. 1509-93
Location: Auten Road,
approximately 1 ,500 feet
east of Laurel Road.
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "B" Residential , "A" Height and Area to
"B" Residential , "A" Height and Area to allow
the construction of a 164 unit apartment
development .
EXISTING LAND USE: The property is currently vacant .
SURROUNDING LAND USE AND ZONING: Located to the north and south is vacant land
zoned "R" Residential ; to the east are
single-family homes zoned "R" Residential , and
to the west are apartments and vacant lots on
other portions of the Laurel Woods Development
zoned "B" Residential .
ACCESS: Access to the site is from Lindenwood Drive
and Lindenwood Drive East .
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site.
DRAINAGE: The drainage has been addressed by the
petitioner. However, the drainage plan has
not been approved by City Engineering.
SITE DATA: The total site to be rezoned is 11 .3 acres.
Of that , the buildings will occupy 1 .9 acres,
or 17 percent of the site; the parking and
drives will occupy 2.4 acres, or 21 percent of
the site; and 7 acres, or 62 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 previously rezoned to "B"
Residential to allow a series of cul-de-sacs
lined with two and four unit residential
buildings.
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REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT AND AREA APC #1509-93
TO: "B" RESIDENTIAL, "A" HEIGHT AND AREA
PETITION AREA P I
SOUTH BEND ZONING
"B" RESIDENTIAL
COUNTY ZONING
1
"R" RESIDENTIAL I
NORTH