HomeMy WebLinkAboutZoning - 1001 Hickory Rd ORDINANCE No. 8184-91
Passed by the Common Council of the City of South Bend, Indiana.
May 20, 91
x9
Attest: Clerk
. `I -- �` City
IRENE K. GAMMON
Attest: / President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
May 21, 91
19
City Clerk
IRENE K. GAMMON
Approved and signed by me ��s 19 ` /
Mayor
ORDINANCE NO. g 1 S -Y I _
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 1001 HICKORY 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 zoning classification of the following
described real estate in the City of South Bend, St. Joseph County, State of Indiana:
Part of the South 1/2 of the Northeast 1/4 of Section 5, Township 37 North,
Range 3 East, South Bend, Indiana, described as follows:
Beginning at the Southeast corner of the South 1/2 of the Northeast 1/4
of Section 5, Township 37 North, Range 3 East; thence North on the
East line of the South 1/2 of the Northeast 1/4 of Section 5, a distance of
1314.54 feet to the Northeast corner of the South 1/2 of the Northeast
1/4 of Section 5; thence West on the North line of the South 1/2 of the
Northeast 1/4 of Section 5, a distance of 336.00 feet; thence South,
parallel with the East line of the South 1/2 of the Northeast 1/4 of
Section 5, a distance of 1312.35 feet to the South line of the South 1/2 of
the Northeast 1/4 of Section 5; thence East on the South line of the
South 1/2 of the Northeast 1/4 of Section 5, a distance of 336.00 feet to
the point of beginning.
Also, excepting therefrom the following described tract:
Commencing at the Southeast corner of the South 1/2 of the Northeast
1/4 of Section 5, Township 37 North, Range 3 East; thence West, on the
South line of the South 1/2 of the Northeast 1/4 of Section 5, a distance
of 336.00 feet; thence North, parallel with the East line of the South 1/2
of the Northeast 1/4 of Section 5, a distance of 390.00 feet to the Point
of Beginning; thence East parallel with the South line of the South 1/2 of
the Northeast 1/4 of Section 5, a distance of 20.00 feet; thence South,
parallel with the East line of the South 1/2 of the Northeast 1/4 of
Section 5, a distance of 120.00 feet; thence West, parallel with the
South line of the South 1/2 of the Northeast 1/4 of Section 5, a distance
of 20.00 feet; thence North, parallel with the East line of the South 1/2
of the Northeast 1/4 of Section 5, a distance of 120.00 feet to the point of
beginning.
Subject to legal highways.
be and the same is hereby established as "B" Residential and "B" Height and
Area district.
Date Filed _ - __ Application No. /Vc'3 ^ PY
Date received by the Area Plan Commission
I 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:
1001 Hickory Road, South Bend, Indiana 46615
2) Name and address of property owner of the petition site:
Superior Properties, Inc.
2400 Miracle Lane
Mishawaka, Indiana 46545
3) Name and address of contingent purchaser, if applicable:
N/A (Petitioner owns property)
4) It is desired and requested that this property be rezoned:
from "B" Residential, "B" Height and Area; and
"A" Residential, "A" Height and Area
to "B" Residential, "B" Height and Area
5) This rezoning is requested to allow the following uses:
Professional Offices
(Note: This property has been previously rezoned for the above use,
this petition is for resubmittal of a revised Preliminary Site Plan).
6) Attached is a copy of(a) legal description of the property; (b) a list of names
and addresses of all property owners with 300 feet of the petition property; (c)
five (5) site plans; and (d) addressed, stamped envelopes for all property
owners within 300 feet of the petition property.
7) By signing this petition, I 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 petition property to revert to the initial zoning
classification. Time extensions on the submittal of the final site plan may be
requested. - . /
//41-64,--
Superior Properties, Inc.
PETITION PREPARED BY:
SiteScapes. Inc.
i' Vie-eja?le /39-9 /
13°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 Superior Properties, Inc.
to zone from "A" Residential , "A" Height and Area, and "B" Residential, "B"
Height and Area to "B" Residential , "B"Height and Area, property located at
1001 Hickory Road, City of South Bend APC #1403-91
Dear Council Members:
The above referenced ordinance and site development plan of Superior Properties,
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 John DeLee, being seconded by Joseph Serge and unanimously
carried, the proposed ordinance and site development plan of Superior
Properties, Inc. to zone from "A" Residential, "A" Height and Area, and "B"
Residential, "B" Height and Area to "B" Residential, "B" Height and Area,
property located at 1001 Hickory Road, City of South Bend is sent to the Common
Council with a favorable recommendation, subject to a final site development
plan. This property was rezoned in 1989 for this use. The developer proposes
a change to the site plan which includes additional property. The site fronts
on Hickory Road, a four-lane arterial road and backs up to a subdivision of
single-family homes. In the Commission's opinion, an office development, as
proposed, would be an appropriate use for the property.
PLEASE NOTE that the Ordina has been amended by th titioner an 's
different than that use or the Common Council 's rst reading. a amended
Ordinance was the 0 nance legally advertised and heard by the ea Plan
Commission. y� -
ki)a -lifred a- 10l °
u9 .
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: Superior Properties, Inc.
CC: Mr. Patrick S. Brown, ASLA
STAFF REPORT April 8, 1991
Superior Properties, Inc. 1403-91
Location: 1001 Hickory Road
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "A" Residential, "A" Height and Area, and
"B" Residential , "B" Height and Area to "B"
Residential, "B" Height and Area to allow
construction of professional office buildings.
EXISTING LAND USE: The property contains one office building, one
single-family dwelling and a radio station.
SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes
zoned "A" Residential; to the east across
Hickory Road are single-family dwellings zoned
"R" Residential in the County and a vacant lot
zoned "0" Office; to the south is a single
family dwelling zoned "A" Residential; and to
the west are single-family dwellings zoned "A"
Residential.
ACCESS: Access to the site is from Corby Blvd. and
Hickory Road.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site.
DRAINAGE: The drainage has been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 10.08 acres.
Of that, the buildings will occupy 1.5 acres,
or 14.7 percent of the site; the parking and
drives will occupy 1.33 acres, or 13.3 percent
of the site; and 7.25 acres, or 72 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 except that the
Phase II area is being submitted for final
site plan approval as tendered.
AGENCY COMMENTS: The City Engineer did not have any comments.
A portion of this property was rezoned for
office uses in 1989. A change in the site
plan necessitates a rezoning.
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REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA AND APC #1403-91
"B" RESIDENTIAL, "B" HEIGHT AND AREA
TO: "B" RESIDENTIAL, "B" HEIGHT AND AREA
PETITION AREA
SOUTH BEND ZONING
"A" RESIDENTIAL I 1
"B" RESIDENTIAL
"C" COMMERCIAL
COUNTY ZONING
"R" RESIDENTIAL Y
"0" OFFICE t 1
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MISHAWAKA ZONING
"R-3" RESIDENTIAL 4
"C-1" COMMERCIAL NORTH
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(hnmmtflu Report
Mu the Mom= flouncit of the Ttig of fboutll rnd:
Your Committee of the Whole
to whom was referred
BILL NO.
18-91 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1001 HICKORY 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
Loretta Duda Chairman
FREE PRESS PUBLISHING Co.