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HomeMy WebLinkAboutZoning - Southwest corner of the Intersection of Jackson Rd & Miami St • . . ORDINANCE No. 8183-91 Passed by the Common Council of the City of South Bend, Indiana. May 20, 91 19 Attest: City Clerk IRENE K. GAMMON Attest: uta d President of Common Council dir 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 • 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:. O • 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. / Member of 7"rnon Council • 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 • 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 • 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: 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. CEty • rwP aM(ER ST �r7 A.O. 11137-70 M . _ C 2 C _ A __ / n• wiOf NEa , II as))--- By-PASS — ► ► 0 w^ V y ► ti x $a N • II 14. II y a r � sf P. 111 r -' x ti ' .tom . ''� C•2 ii.L.,1 ".... °1 ., p „ .„,0, - .,-. ,•,,, • •,./. f, �omy F Sf_ , , A4 mS € Sf k{y '� a i ayex ' ,l.► 1€ 3{ Ju = r- , ),"Jh¢ V.rt,A' ;,, 4 9 4�. "� t L ..- y ',..,;;,„„,1 ' fc�) :i s53` sx,.caa'�c'r ° '3.w*` 'a„�-+au�D xa� �Yy. s ' µ• 0 in „. .. ,-,,4, s..„0,-, r?4_,,,,,,A,**,-*. :4-'"'.:A' 0--7:;-•,a,a:::•, ,..k.*.Av,`, .(-- ak 5 4 .'?. t , 4 e--■V... i.E ,-# 4;-.r: r',4rr'z4 �, ).''S.tip a'�r r ; v $ t x", Ls. 1 " `fi a „1 ,�_ _ x.... A,I s 4 O 4I Lama 11. 11 ; , r . • r L.,,„, 1 ! IJA ' ( ' j • M MAY qME to :1 ii-i\_, 7;1 iMillill 11111 / „ . R ..,, rail 11 I lit .ilF --.4( . ., . MI 11 — ,-? ;_! ..„w,,c0.....0. , . —J p 1 . ji lam. I I a ,i C ,., 4- If ► 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 _ 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.