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HomeMy WebLinkAboutZoning - Southwest corner of Portage Rd & East West toll rd • 2• ORDINANCE No. 8251-92 Passed by the Common Council of the City of South Bend, Indiana_ March 9 92 19 Attest: City Clerk IRENE K. GAMMON Attest: f--G1=- � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— March 10 �9 92 "�°s✓ City Clerk IRENE K. GAMMON Approved and signed by me � k - 1 0 ig /4414-- Mayor ORDINANCE NO. SOLSl- 9a AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PORTAGE ROAD AND THE EAST-WEST TOLL 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 height and area classification as established by Ordinance 8174-91 for the following described real estate in the City of South Bend, St . Joseph County, State of Indiana: That part of the Northwest Quarter of Section 27, Township 38 North, Range 2 East , German Township, City of South Bend, Indiana which is described as: Beginning at the Southwest Corner of SEction Nine (9) of "Portage Place Apartments" as recorded by Document Number # 8513274 in the Office of the Recorder of St . Joseph County, Indiana; thence N. 00°-O1 '-30" E. . 601 .86 ft . (Record, 602.33ft .) ; thence along the South Right-of-Way of the Indiana East-West Toll Road N. 89°-48'-41" E. , 158.01 ft . (Record, S. 89°-54'-30" E. , 157.96 ft.) ; thence along the West Right-of-Way of Portage Avenue S. 27°-18'-37" E. , 127.31 ft . (Record, S. 27°-13'-29" E. , 127.31 ft .) ; thence S. 89°-56'-04" W. , 80.00 ft . (Record, N 89°-58'-30" W., 80 ft .) ; thence S. 08°-50'-37" W. , 117.64 ft . (Record, S. 09°-11 '-21" W. 117.54 ft .) ; thence S. 09°-13'-01" E. , 120.01 ft . (Record S. 09°-12'-14" E. , 120.00 ft .) ; thence N. 89°-56'-04" E. , 67.29 ft . ; thence S. 00°-O1 '-30" W. , 254.63 ft. ; thence N. 89°-58'-30" W. , 205.00 ft . to the Point of Beginning. Containing 2.372 acres. Subject to all legal highway and easements of record. be and the same is hereby established as "F" 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. =moo Member of the Common Council Date Filed Application No. /1/L//-4i ?o Date received by the Area Plan "Commission We the undersigned make application to the Common Council of the City of South Bend, to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned- is located at : Southwest corner of Portage Road and the East-West Toll Road, South Bend, In. 2) Name and address of property owner(s) of the petition site: B & R O11 company, Inc. 6910 Gumwood Road Box 54 Granger.. IN 46530 (219) 272-6955 3) Name and address of contingent purchaser (s) , if applicable: Not Applicable 4) It is desired and requested that the Height and Area District of this property be changed:-, • • from "D" Height and Area to "F" Height and Area 5) . This change Is requested to correct Ordinance #8174-91 which should have read "D" Light Industr1a1 ,' "F" Height and Area. 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; and (c) addressed-, stamped envelopes for all property owners within 300 feet of the petition property. Richard S. Johnson Executive Director PETITION PREPARED BY: • Area Plan Commission Room 1140 County- 'City Building South Bend, IN 46601 (219)., 284-9571 • . . er 930 AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 February 19, 1992 The Honorable Common Council City of South Bend County-City Bldg. 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission to change from "D Height and Area to "F" Height and Area; property located at the southwest corner of Portage Road and the East-west Toll Road, City of South Bend - APC #1441-92 Dear Council Members: The above referenced ordinance and site development plan of Area Plan Commission was legally advertised February 6, 1992 and February 8, 1992. The Area Plan Commission at its public hearing on February 18, 1992, took the following action: Upon a motion by Harold Means, being seconded by Gerry Phipps and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to change from "D" Height and Area to "F" Height and Area; property located at the southwest corner of Portage Road and the East-west Toll Road, City of South Bend is sent to the Common Council with a favorable recommendation. The proposed ordinance would simply correct an administrative error made in the past when this property was rezoned. 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: Area Plan Commission CC: B & R Oil Co. Inc. CC: Mark Dobson Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN i STAFF REPORT February 10, 1992 Area Plan Commission 1441-92 Location: southwest corner of Portage Road and the East-west Toll Road City of South Bend REQUESTED ACTION: This is an APC initiated petition intended to correct an error that was made when Ordinance #8174-91 was adopted by the Common Council . The subject property should have been reclassified as "F" Height and Area, rather than "D" Height and Area, when it was rezoned to "D" Light Industrial for mini-warehouses. The petition was originally submitted as "D" Height and Area; however , it was amended to "F" Height and Area prior to the Area Plan Commission's public hearing of February 19, 1991. The Common Council inadvertently passed the original ordinance rather than the amended one. The subject ordinance would simply correct this error by establishing this property as "F" Height and Area. I D , NOR EA �I a�i OR.' ss • a . f,. „ci.„ .......,. ,.. .1: ..3, ts. /. , ,..,, 4, , _ t. , .:. ;1 ‘ C ji , \ 1 z1' �.» ____ � EVE \ �i _ = GERMAN T;y RO 2:1 -- -- \ —__ PORTAGE Ti4P 26 — � . : PETITION AREA sus R w uit i.. �: 9� ten.l'r GON sr. a �� S.T :OSEPN GO SEwA t of sPosAt t PLAfyr if \ I:1 r gt y /'. A 1 i . D . ; I \ .-. y0:� + ,N. '+ a. Ia \ •r , moo, ; �. ..- i!.4 HL AND , .,' cE'agl� co. HMO oR ~i~ CEMETERY RivERv iE N ?`�_.: �'i re�� C'FIVAETEt;'t n �.r.\°sr is CHANGE FROM; "°D" HEIGHT AND AREA -APC #1441-92 TO: "'F" HE HT MD AREA PET 13N AREA 0 NORTH • Qnlltnttttnn itrpnrt Ma tie Count= &until of tip OIity of*lastly Erni): Your Committee OF THE WHOLE to whom was referred BILL NO. 14-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF PORTAGE ROAD AND THE EAST-WEST TOLL 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. Ann Puz z e l to Chairman