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Home My WebLink AboutZoning - Property located East of Topsfield Development & North of Inwood Rd • ORDINANCE No. 8286-92 Passed by the Common Council of the City of South Bend, Indiana_ August 10, 92 _ 19 Attest: `° City Clerk IRENE K. GAMMON Attest: President of Common Council a�e� Presented by me to the Mayor of the City of South Bend, Indiana August 11, 92 19 City Clerk IRENE K. GAMMON Approved and signed by me ak,14 Ara* (O\ 19 qa -- Mayor • ORDINANCE NO. oZ YS- 9e AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF TOPSFIELD DEVELOPMENT AND NORTH OF INWOOD ROAD 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 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 3 EAST, OF THE SECOND PRINCIPAL MERIDIAN, PENN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, SAID POINT BEING ALONG THE CENTERLINE OF THE RIGHT—OF—WAY OF INWOOD ROAD; THENCE NORTH 00°03' 39" EAST (BEARING ASSUMED) , 1326. 96 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°57' 14" WEST, 1319. 21 FEET; THENCE NORTH 00°03' 39" EAST, 582. 28 FEET; THENCE NORTH 49°54' 00" WEST, 78. 24 FEET; THENCE SOUTHEASTERLY 39. 45 FEET ALONG A SEGMENT OF A CURVE TO THE LEFT HAVING A RADIUS OF 318. 60 FEET, SUBTENDED BY A CHORD HAVING A BEARING OF SOUTH 86° 34' 39" EAST, AND A LENGTH OF 39. 42 FEET; THENCE NORTH 89°58' 52" EAST, 20. 81 FEET; THENCE NORTH 00°03' 39" EAST, 12. 00 FEET; THENCE NORTH 89°58' 52" EAST, 437. 21 FEET; THENCE NORTH 00°01 ' 54" WEST, 678. 09 FEET; THENCE NORTH 89°30' 58" EAST, 882. 87 FEET; THENCE SOUTH 00°03' 39" WEST, 1326. 97 FEET TO THE POINT OF BEGINNING, AND CONTAINING 33. 28 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS, RESTRICTIONS AND OR COVENANTS OF RECORD. be and the same is hereby established as "A" Residential—"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. Membe of e Common Council I oignod only to prove%cte an opportunity for public dlsouns1on and Council action on thw iaFte9n • -^� "_~�'*~7 ^=~--;-- Date F i | ud Application No. Date received Dv the Area Plan Commi ss ion ______ ------------------~-------------- | the undersigned make uyp | icat ioo and pet i t ion the Common [ounc i | 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 : EAST OF T8P5F| E| D DFVFiOPMFNT NORTH OF iNW000 ROAD 2. Name and address of property owners of the petition site: CHARLES F . NELSON , VICE-PRESIDENT N0KWE5T BANK INDIANA, N. A. . TRUSTEE 01 | VED TRUST MEMORIAL FOUNDATION 112 WEST JEFFERSON BLVD. SOUTH BEND.' INDIANA 46601 ( 219). 237-3300 1. It is desired and requested that th i s property he rezoned From: "Cl"- - Commercial and "B" - Residential "F" Height and Area [": ''A" - Residential "A" Height and Area 5. This re//`o i n8 is requested to u | iow the fo | | oni ng use: To develop a prestigious single-family development entitled Derr Run at Tupsfie | d 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 foot 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 the Area Plan Commission within one ( 1) year of the Council ' s action. Failure to submit a final site plan within that time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Time extensions on the submittal of the final site plan may be requested. 0,1 fv: Charles . Nelson, Vice—President NORWEST BANK INDIANA, N. A. , TRUSTEE PETITION PREPARED BY: Grama K. Bhagavan, P. E. , L. S. , PRESIDENT VALLEY ENGINEERING CONSULTANTS, INC. 14887 State Road 23 Granger, Indiana 46530 ( 219) 277-9075 FAX: 277-9296 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 3 EAST, OF THE SECOND PRINCIPAL MERIDIAN, PENN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, SAID POINT BEING ALONG THE CENTERLINE OF THE RIGHT-OF-WAY OF INWOOD ROAD; THENCE NORTH 00°03' 39" EAST (BEARING ASSUMED) , 1326. 96 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°57' 14" WEST, 1319. 21 FEET; THENCE NORTH 00°03' 39" EAST, 582. 28 FEET; THENCE NORTH 49°54' 00" WEST, 78. 24 FEET; THENCE SOUTHEASTERLY 39. 45 FEET ALONG A SEGMENT OF A CURVE TO THE LEFT HAVING A RADIUS OF 318. 60 FEET, SUBTENDED BY A CHORD HAVING A BEARING OF SOUTH 86° 34' 39" EAST, AND A LENGTH OF 39. 42 FEET; THENCE NORTH 89°58' 52" EAST, 20. 81 FEET; THENCE NORTH 00°03' 39" EAST, 12. 00 FEET; THENCE NORTH 89°58' 52" EAST, 437. 21 FEET; THENCE NORTH 00°01 ' 54" WEST, 678. 09 FEET; THENCE NORTH 89°30' 58" EAST, 882. 87 FEET; THENCE SOUTH 00°03' 39" WEST, 1326. 97 FEET TO THE POINT OF BEGINNING, AND CONTAINING 33. 28 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS, RESTRICTIONS AND OR COVENANTS OF RECORD. -41/ P-9q ., 9pc A PLAN COMMISSION, RICHARD S. JOHNSON ST. JOSEPH COUNTY, IN Executive Director BOOM 2'11240 County-City Building South Bend, Indiana 46601 (219) 284-9571 July The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance of Norwest Bank Indiana, Trustee, Oliver Trust Memorial Foundation to zone from "C-1" Commercial and "B" Residential, "F" Height and Area to "A" Residential, "A" Height and Area, property located east of Topsfield Development and north of Inwood Road, City of South Bend - APC #1460-92 Dear Council Members: The above referenced ordinance of Norwest Bank Indiana, Trustee was legally advertised July 8, 1992 and July 11, 1982. The Area Plan Commission at its public hearing on July 21 , 1992, took the following action: Upon a motion by Harold Means, being seconded by Joseph Zappia and unanimously carried, the proposed ordinance of Norwest Bank Indiana, Trustee, Oliver Trust Memorial Foundation to zone from "C-1" Commercial and "B" Residential, "F" Height and Area to "A" Residential, "A" Height and Area, property located east of Topsfield Development and north of Inwood Road, City of South Bend is sent to the Common Council with a favorable recommendation. This property was zoned "B" Residential and "C-1" Commercial as part of the Topsfield Condominium development. The petitioners now wish to utilize this property for a single-family subdivision. The site is surrounded by residential zoning and residential land uses. In the Commission's opinion, the proposed rezoning is appropriate for this area. PLEASE NOTE that the Ordinance has been amended by the petitioner to include a rezoning designation different than that used for the Common Council 's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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: Norwest Bank Indiana, Trustee CC: Valley Engineering Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN 4< STAFF REPORT July 13, 1992 Norwest Bank Indiana, Trustee 1460-92 Location: east of Topsfield Development and north of Inwood Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C-1" Commercial and "B" Residential , "F" Height and Area to "A" Residential , "A" Height and Area to a allow single-family residential subdivision. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "A" • Residential , and the Topsfield Condominiums zoned "B" Residential; to the east is a single-family home and vacant land zoned "R" Residential in the County; to the south is vacant land zoned "R" Residential ; and to the west is a retirement home and a single-family subdivision zoned "A" Residential . ACCESS: Access to the site is from Topsfield Road. WATER SOURCE/SE AGE DISPOSAL: Water and sewer are available to the site. DRAiNAGE: The drainage has not been addressed by the petitioner, but a drainage plan will be required as part of the subdivision process. SITE DATA: The total site to be rezoned is 33.28 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. A City retention basin is located to the southwest of the site. SITE PLAN: A site plan is not required for rezonings to "A" Residential . AGENCY COMMENTS: J I ST I 651'1 1 DELAWARE I f 11 I L ( ii �( u I I I I I I f • I •L! L—J J ST W Y , � _ Z W l( 611�—�y 1' ''.p ( '� W p E - a v O 0 ELEVENTH C J I ~ c�J :m W i m W Z o Q ':-.; a W z Q ¢ t. .� 2 W Z J u, �I L f = -� ,__ EM ST (- -I ��; W W N ¢ PANAMA VI C j�gi II ! AVE. 18 IT RACOON, o cc •� �–?1-11—'1�;I;�- L 17( I6 a W 20 21 >I < Y '`7i 4-, 1 JUTH£A N I .\_ ill z TOP cn z \ Q o RviNGTON ---__ EENy,N.\ AVE M?. _.�-�- ITY LIMITS _ --I' l SOU H - '� ITY LIMITS I OR! \ �1 — N \ IIEMALVERN WAY A i' ! c (,', j i I BR+AR WAY I f . - R:a rk. {I y ti‘' 1 tit 4.. :TRENT WAY - \� L — I z 1 , J _ F 1:1 rll,SOA>lE , 1 I PO i: -..9. - - - 64 :TUOOR\\ L.Nj r _53 r /fb / T pY 6 J ,WOOOMONT -/ 16 A - ,..,r .., ,,, ..,<„,,, . , ..,.. "WP 110 e i- 2 1 xl r 30 Nom, ,, :-� 2 , ;,' 29'1128 I YV4:1';`.... 51 U DE N SLO% x Z5';'''' ' 4 � - . f F'I� KEVIN SOUTHE RNV�EW eT Z R•2 it KERRY I ( CT. a I5 o I r R. c'' y , 1 BATTLES ST 1 i• ---I (I i ? , � REZONING FROM "B" RESIDENTIAL, "F" HEIGHT AND AREA AND APC #1460-92 "C-1" RESIDENTIAL, "F" HEIGHT AND AREA TO: "A" RESIDENTIAL, "A" HEIGHT AND AREA PETITION AREA -,*4k SOUTH BEND ZONING COUNTY ZONING "A" RESIDENTIAL I I "R" RESIDENTIAL "B" RESIDENTIAL - <;,. "R-2" RESIDENTIAL 4