HomeMy WebLinkAboutZoning - Southwest corner of the Intersection of Jackson Rd & Miami St •
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ORDINANCE No. 8183-91
Passed by the Common Council of the City of South Bend, Indiana.
May 20, 91
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Attest: City Clerk
IRENE K. GAMMON
Attest: uta d President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana_
May 21, 91
ig
City clerk
IRENE K. GAMMON
Approved and signed by me D-a■ i9 9
r)1,1*-- Mayor
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ORDINANCE NO. Yag" 9
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION
OFJACKSON ROAD AND MIAMI STREET
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:
A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF
SECTION 36, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND,
CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST
QUARTER OF SECTION 36; THENCE SOUTH 0-14'-22" WEST, ALONG THE
EAST LINE OF SAID SECTION, A DISTANCE OF 975.63 FEET; THENCE
NORTH 89-45'-38" WEST, A DISTANCE OF 205.00 FEET; THENCE SOUTH
57-46'-12" WEST, A DISTANCE OF 53.17 FEET; THENCE NORTH 89-45'-38"
WEST, A DISTANCE OF 125.09 FEET; THENCE SOUTH 64-33'-39" WEST, A
DISTANCE OF 184.50 FEET; THENCE SOUTH 88-33'-39" WEST. A
DISTANCE OF 245.09 FEET; THENCE SOUTH 0-00'-00" EAST, A DISTANCE
OF 142.62 FEET; THENCE NORTH 90-00'-00" WEST, A DISTANCE OF 374.68
FEET: THENCE SOUTH 64-37'-25" WEST, A DISTANCE OF 107.29 FEET;
THENCE SOUTH 45-29'-47" WEST, A DISTANCE OF 110.40 FEET; THENCE
SOUTH 25-52'-04" WEST, A DISTANCE OF 92.33 FEET: THENCE SOUTH
23-00'-00" WEST, A DISTANCE OF 63.60 FEET; THENCE NORTH 90-00'-00"
WEST, A DISTANCE OF 619.83 FEET; THENCE NORTH 43-23'-04" WEST, A
DISTANCE OF 134.82 FEET; THENCE NORTH 0-23'-04" WEST. A DISTANCE
OF 202.15 FEET; THENCE NORTH 14-101-56" EAST, A DISTANCE OF 186.27
FEET; THENCE NORTH 63-52'-18" EAST, A DISTANCE OF 90.18 FEET;
THENCE NORTH 38-30'-21" EAST, A DISTANCE OF 159.13 FEET; THENCE
NORTH 88-33`-39" EAST, A DISTANCE OF 1085.00 FEET; THENCE NORTH
86-36'-43" EAST, A DISTANCE OF 232.83 FEET: THENCE NORTH
65-26'-15" EAST, A DISTANCE OF 216.46 FEET; THENCE NORTH
48-36'-21" EAST, A DISTANCE OF 136.07 FEET; THENCE NORTH
28-37'-41" WEST, A DISTANCE OF 360.17 FEET; THENCE NORTH
71-19'-51" EAST. A DISTANCE OF 127.12 FEET; THENCE NORTH
10-59'-30" WEST, A DISTANCE OF 85.40 FEET; THENCE NORTH 1-26'-21"
WEST. A DISTANCE OF 200.00 FEET TO THE NORTH LINE OF SAID
SECTION; THENCE NORTH 88-33'-39" EAST, ALONG SAID NORTH LINE, A
DISTANCE OF 350.00 FEET TO THE PLACE OF BEGINNING,
be and the same is hereby established as A-i RESIDENTIAL, A Height and Area District.
and that said City of South Bend Zoning.Ordinance is hereby 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:.
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NORTH LINE OF SAID SECTION. A DISTANCE OF 350.00 FEET TO THE
PLACE OF BEGINNING FOR THIS DESCRIPTION: THENCE CONTINUING
SOUTH 88-33'-39" WEST, ALONG SAID NORTH LINE. A DISTANCE OF
465.36 FEET; THENCE SOUTH 0-23'-04" EAST, A DISTANCE OF 802.94
FEET; THENCE NORTH 86-36'-43" EAST, A DISTANCE OF 232.83 FEET;
THENCE NORTH 65-26`-15" EAST, A DISTANCE OF 216.46 FEET; THENCE
NORTH 48-36'-21" EAST, A DISTANCE OF 136.07 FEET; THENCE NORTH
29-55'-52" WEST. A DISTANCE OF 342.06 FEET; THENCE NORTH
71-19'-51" EAST, A DISTANCE OF 127.12 FEET; THENCE NORTH
10-59'-30" WEST, A DISTANCE OF 85.40 FEET: THENCE NORTH 1-26'-21"
WEST, A DISTANCE OF 200.00 FEET TO THE PLACE 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.
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Member of 7"rnon Council
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Date Filed Application No.
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 :
THE SOUTHWEST CORNER OF THE INTERSECTION OF
JACKSON ROAD AND MIAMI STREET IN THE CITY
OF SOUTH BEND, INDIANA
2) Name and Address of all property owner(s) :
ROJO DEVELOPMENT, INC
A.J. ' HICKEY, PRESIDENT
5737 S. IRONWOOD
SOUTH BEND, IN. 46614
3) Name and Address of contingent purchaser(s) , if any :
N/A
4) It is desired and requested that this property be
rezoned from A RESIDENTIAL, A HEIGHT AND AREA to A-1 AND B
RESIDENTIAL, A HEIGHT AND AREA.
5) This rezoning is requested to allow the following uses:
CONSTRUCTION OF SINGLE STORY SINGLE FAMILY AND
DUPLEX CONDOMINIUMS AND MULTI FAMILY CONDOMINIUMS
ON PROPERTY TO BE KNOWN AS HERMITAGE ESTATES
LOCATED AT THE SOUTHWEST CORNER OF JACKSON ROAD
AND MIAMI STREET
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 .
�t /
ROJa , ►� ELOPMENT B
Y A.J. HICKEY, PRESIDENT
. .Zeelv9 / 79l
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
April 16, 1991
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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 Rojo Development, Inc. to
zone from "A"Residential , "A" Height and Area to "A-1" Residential and "B"
Residential, "A" Height and Area, property located at the southwest corner of
Jackson Road and Miami Street, City of South Bend- APC #1401-91
Dear Council Members:
The above referenced ordinance and site development plan of Rojo Development,
Inc. was legally advertised April 4, 1991 and April 6, 1991. The Area Plan
Commission at its public hearing on April 16, 1991 , took the following action:
Upon a motion by Joseph Serge, being seconded by Lee Slavinskas and unanimously
carried, the proposed ordinance and site development plan of Rojo Development,
Inc. to zone from "A" Residential, "A" Height and Area to "A-1" Residential and
"B" Residential, "A" Height and Area, property located at the southwest corner
of Jackson Road and Miami Street, City of South Bend is sent to the Common
Council with a favorable recommendation, subject to a final site development
plan. A similar proposal, in the County, was presented by the developer in
December, 1990. That petition was withdrawn after an unfavorable recommendation
from the Area Plan Commission. The present plan has addressed the concerns
expressed by the Commission. The two family and multi-family units are more
logically located and will be separated from the existing single-family houses
to the south and west by single-family homes to be developed by the applicant as
part of the developer's overall plan. In the Commission's opinion, this
proposal would not have an adverse impact on the surrounding area.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is
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.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
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The deliberations of the Area Plan Commission and points considered in arriving
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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: Rojo Development, Inc.
CC: Lang, Feeney & Associates,
STAFF REPORT April 8, 1991
Roio Development, Inc. 1401-91
Location: the southwest
corner of Jackson Road and
Miami Street
City of South Bend
REOUESTED ACTION: The petitioner is requesting a zone change
from "A" Residential , "A" Height and Area to
"A-1" Residential and "B" Residential , "A"
Height and Area to allow the construction of
single-family,duplex and multi-family
condominiums.
EXISTING LAND USE: The property contains vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north is Jackson Middle School
zoned "A" Residential and a duplex condominium
development zoned "R-2" in the County; to the
east across Miami Highway, are single-family
dwellings zoned "A" Residential; to the
southeast is recently annexed vacant land
zoned "A" Residential and a historical home
zoned "R" Residential ; to the south and west
is recently annexed vacant land zoned "A"
Residential and single-family dwellings along
Johnson Road and Fellows St. zoned "R"
Residential.
ACCESS: Access to the site is from Jackson Road and
Fellows Street.
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 35.18 acres.
Of that, the buildings will occupy 6.88 acres,
or 19.5 percent of the site; the parking and
drives will occupy 1.96 acres, or 5.5 percent
of the site; 22.75 acres or 64.6 percent of
the site will remain as open space; and 3.59
acres or 10.4 percent of the site will be
devoted to new roads.
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: The City Engineer made the following comments:
Drainage calculations and elevations will be
necessary for final site plan approval.
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REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA APC #1401-91
TO PARCEL I: "A-1" RESIDENTIAL, "A" HEIGHT AND AREA
PARCEL II: "B" RESIDENTIAL, "A" HEIGHT AND AREA -
PETITION AREA
SOUTH BEND ZONING COUNTY ZONING
"A" RESIDENTIAL P' -- := ! "R" RESIDENTIAL
"B" RESIDENTIAL "R-2" RESIDENTIAL NORTH
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Qlnll mitten arjwr
Cain Up Common QIoutuil of Up Bite of likently Env):
Your Committee of the Whole
to whom was referred
BILL NO.
17-91 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED BETWEEN AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF JACKSON ROAD AND MIAMI STREET 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, AS AMENDED
BY SUBSTITUTION.
Chairman
Loretta Duda
FREE PRESS Otierou PUBLISHING CO.