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HomeMy WebLinkAboutZoning - East side of Portage Rd 385 feet North of the Maple Rd & Portage Rd Intersection ORDINANCE No. 8165-91 Passed by the Common Council of the City of South Bend,Indiana. January 28, zq 91 Attest: 4--(A-,.—t_ A' , l City Clerk IRENE K. GAMMON Attest: /11/ ,--c-A-<? /°° . President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 29, 91 zg q.4_,_., _ A— A---,—__/ City Clerk IRENE K. GAMMON Approved and signed by me \ ,(,{/lAw- a 9 zg nj C/04.4_,.._ Z....6.4.„.... Mayor ORDINANCE NO. 'J (fl g- ?I AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE EAST SIDE OF PORTAGE ROAD 385 FEET NORTH OF THE MAPLE ROAD AND PORTAGE ROAD INTERSECTION 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 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: LEGAL DESCRIPTION A parcel of land located in the East Half (E 1/2) of the Southwest Quarter (SW 1/4) of Section Twenty-Two (22) , Township Thirty-Eight (38) North, Range Two (2) East and all being in German Township, South Bend, St. Joseph County, Indiana, and more particularly described as follows: Commencing at a monument found, at the southwest corner of the Southwest Quarter (SW 1/4) of said Section Twenty-Two (22) , thence South 89° 56 ' 33" East (this and all subsequent bearings having been assumed) along the south line of said Southwest Quarter (SW 1/4) of Section Twenty-Two (22) , a distance of 2128 .76 feet; thence North 00° 03 ' 27" East, at right angles to said south line of the Southwest Quarter (SW 1/4) of Section Twenty-Two (22) , a distance of 40.00 feet to a point of intersection of the right of way lines of an east/west road, now known as Cleveland Road, with a northerly/southerly road, now known as Portage Road, said point being 40. 00 feet, measured at right angles to, north of the south line of said Southwest Quarter (SW 1/4) of Section Twenty Two (22) and also being 45. 00 feet, measured at right angles to, northeasterly of the centerline of said Portage Road, all as described in Deed Record 8612578, dated June 6, 1986; thence North 23° 22 ' 51" West, parallel with and 45. 00 feet northeasterly of, measured at right angles to, the centerline of said Portage Road and being along the northeasterly right of way line of said Portage Road, a distance of 114. 00 feet; thence South 66° 37 ' 09" West, at right angles to the centerline of Portage Road, a distance of 15. 00 feet to a point on the northeasterly right of way line of said Portage Road; thence North 23° 22 ' 51" West, parallel with and 30.00 feet, measured at right angles to, northeasterly of the centerline of said Portage Road, a distance of 1486.00 feet to the Point of Beginning of this description; thence South 66° 37 ' 09" West, at right angles to the centerline of said Portage Road, a distance of 30. 00 feet to a point on the centerline of said Portage Road, thence North 23°22 ' 51" West, along the centerline of said Portage Road, a distance of 334.90 feet to the intersection with the east line of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section Twenty-Two (22) , said instersection being the southern most corner of a parcel of land owned by David B. Kane (Document No. 8014333, dated September 3 , 1980) ; thence North 00° 08 ' 51" West, along said east line of said West Half (W 1/2) , also being the east line of said David B. Kane, and continuing along the east line of a parcel of land owned by JoAnn Nucci (Deed Book 773, Page 419, dated August 3, 1973) , a distance of 846.60 feet (786 .85 feet, as arrived from the summation of Deed calls from said recorded Deed of David B. Kane and the said Recorded Deed of JoAnn Nucci) to the northeast corner of the West Half (W 1/2) of said Southwest Quarter (SW 1/4) ; thence South 89° 38 ' 49" East, along the East/West centerline of said Section Twenty-Two (22) , a distance of 1323. 57 feet to the Northeast corner of said Southwest Quarter (SW 1/4) ; thence South 00° 09 ' 51" East, along the east line of said Southwest Quarter (SW 1/4) and also being along the west line of an unrecorded Plat of Lilac Acres Subdivision, plat dated January 15, 1911, a distance of 822. 63 feet to a point on the north line of a parcel of land owned by Jack Hurwich (ALTA/ACSM Boundary Survey. r3at-ar7 A„n„ +- A _ 1 caan t . a + 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. // Member of the . mon Cou - i1 / 11/ 11/06/90 Date Filed Application No.' ' Date received by Area Plan Commission We the undersigned make application to the Common Council of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: A 28 . 418 acre parcel of real estate on the East side of Portage Road with the southwest corner of the parcel located approximately 385 feet north of the Maple Road and Portage Road intersection. 2) Name and address of property owners of the petition site: Mr. Jack M. Hurwich and Mrs. Betty Hurwich-Zoss c/o Mr . James Cook 115 West Colfax South Bend, Indiana 46601 (219) 233-3977 3) Name and address of contingent purchaser : Edward Rose Properties, Inc. Mr . Jerry R. Speedy, Vice President 6100 Newport Road Kalamazoo, Michigan 49002 (616) 323-9484 4) It is desired and requested that this property be rezoned: from C - Commercial, A - Height and Area to B - Residential, A - Height and Area 5) The rezoning is requested to allow the following use: A multi-family apartment development 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) 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, we 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 and approved by the Area Plan Commission within one (1) year of the Council' s action. In additon, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. PETITION PREPARED BY: Signatures of All Property Owners: Edward Rose Properties, Inc. ,,, _,/ &: 9 09 Mr . Jerry R. Speedy, Vice President Mr . Jack M. Hurwich/ / 6100 Newport Road Muriel Hurwich, Power of Attorney Kalamazoo, Michigan 49002 � (616) 323-9484 //liar/!_ • LEGAL DESCRIPTION A parcel of land located in the East Half (E 1/2) of the Southwest Quarter (SW 1/4) of Section Twenty-Two (22) , Township Thirty-Eight (38) North, Range Two (2) East and all being in German Township, South Bend, St. Joseph County, Indiana, and more particularly described as follows: Commencing at a monument found, at the southwest corner of the Southwest Quarter (SW 1/4) of said Section Twenty-Two (22) , thence South 89° 56 ' 33" East (this and all subsequent bearings having been assumed) along the south line of said Southwest Quarter (SW 1/4) of Section Twenty-Two (22) , a distance of 2128.76 feet; thence North 00° 03 ' 27" East, at right angles to said south line of the Southwest Quarter (SW 1/4) of Section Twenty-Two (22) , a distance of 40 .00 feet to a point of intersection of the right of way lines of an east/west road, now known as Cleveland Road, with a northerly/southerly road, now known as Portage Road, said point being 40 .00 feet, measured at right angles to, north of the south line of said Southwest Quarter (SW 1/4) of Section Twenty Two (22) and also being 45.00 feet, measured at right angles to, northeasterly of the centerline of said Portage Road, all as described in Deed Record 8612578, dated June 6, 1986; thence North 23° 22' 51" West, parallel with and 45 .00 feet northeasterly of, measured at right angles to, the centerline of said Portage Road and being along the northeasterly right of way line of said Portage Road, a distance of 114 .00 feet; thence South 66° 37 ' 09" West, at right angles to the centerline of Portage Road, a distance of 15.00 feet to a point on the northeasterly right of way line of said Portage Road; thence North 23° 22 ' 51" West, parallel with and 30.00 feet, measured at right angles to, northeasterly of the centerline of said Portage Road, a distance of 1486 .00 feet to the Point of Beginning of this description; thence- South 66° 37 ' 09" West, at right angles to the centerline of said Portage Road, a distance of 30.00 feet to a point on the centerline of said Portage Road, thence North 23°22 ' 51" West, along the centerline of said Portage Road, a distance of 334.90 feet to the intersection with the east line of the West Half (W 1/2) of the Southwest Quarter (SW 1/4) of said Section Twenty-Two (22) , said instersection being the southern most corner of a parcel of land owned by David B. Kane (Document No. 8014333 , dated September 3, 1980) ; thence North 00° 08 ' 51" West, along said east line of said West Half (W 1/2) , also being the east line of said David B. Kane, and continuing along the east line of a parcel of land owned by JoAnn Nucci (Deed Book 773, Page 419, dated August 3 , 1973) , a distance of 846.60 feet (786 .85 feet, as arrived from the summation of Deed calls from said recorded Deed of David B. Kane and the said Recorded Deed of JoAnn Nucci) to the northeast corner of the West Half (W 1/2) of said Southwest Quarter (SW 1/4) ; thence South 89° 38' 49" East, along the East/West centerline of said Section Twenty-Two (22) , a distance of 1323.57 feet to the Northeast corner of said Southwest Quarter (SW 1/4) ; thence South 00° 09 ' 51" East, along the east line of said Southwest Quarter (SW 1/4) and also being along the west line of an unrecorded Plat of Lilac Acres Subdivision, plat dated January 15, 1911, a distance of 822.63 feet to a point on the north line of a parcel of land owned by Jack Hurwich (ALTA/ACSM Boundary Survey, dated August 6, 1990, prepared by Cole Associates, Inc. , located in South Bend, Indiana) ; thence South 89° 50 ' 09" West, along said north line, a distance of 446 .20 feet; thence South 66° 37 ' 09" West, along the northwest line of said parcel a distance of 781.23 feet to the Point of Beginning and containing 28.418 acres, more or less and being subject to all existing public right of way, easements and leases of public record. 11/06/90 /ah , . t 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 967 December 19, 1990 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 Jack M. Hurwich and Betty Hurwich-Zoss to zone from "C" Commercial and "B" Residential , "A" Height and Area to "B"Residential , "B" Height and Area, property located on the east side of Portage Road 385 feet north of the intersection of Maple and Portage Roads, City of South Bend - APC #1383-90 Dear Council Members: The above referenced ordinance and site development plan of Jack M. Hurwich and Betty Hurwich-Zoss was legally advertised December 6, 1990 and December 8, 1990. The Area Plan Commission at its public hearing on December 18, 1990, took the following action: Upon a motion by Joseph Serge, being seconded by John Leszczynski and unanimously carried, the proposed ordinance and site development plan of Jack M. Hurwich and Betty Hurwich-Zoss to zone from "C" Commercial and "B" Residential, "A" Height and Area to "B" Residential, "B" Height and Area, property located on the east side of Portage Road 385 feet north of the intersection of Maple and Portage Roads, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The effect of the proposed zoning change would be to limit the development of the property to residential uses and would preclude commercial uses on the subject property. In the Commission's opinion, this proposal is consistent with future development plans for the area. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a zoning 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. 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: Jack M. Hurwich and Betty Hurwich-Zoss CC: Edward Rose Properties, Inc. CC: James Cook STAFF REPORT December 10, 1990 Jack M. Hurwich and Betty Hurwich-Zoss 1383-90 Location: the east side of Portage Road 385 feet north of the intersection of Maple and Portage Roads City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial and "B" Residential , "A" Height and Area to "B" Residential , "B" Height and Area to allow a multi-family apartment development . EXISTING LAND USE: The property is presently undeveloped. SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "R" Residential ; to the east are single-family homes zoned "R" Residential ; to the south is vacant land zoned "C" Commercial ; and to the west are single-family homes zoned "R" Residential , and across Portage Road is vacant land zoned "C" Commercial . ACCESS: Access to the site is from Portage Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer will be available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 28.4 acres. Of that , the buildings will occupy 2.73 acres, or 9.6 percent of the site; the parking and drives will occupy 7.90 acres, or 27.8 percent of the site; and 17.77 acres or 62.6 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. AGENCY COMMENTS: The City Engineer made no comments. , . !1 . . /l li 1 5 4.1 1 4 / ic \\ 22'23 1 212 11 1 1 \\ BELLY OR. 11 0 R \\ li \ t \ \ ‘, \ • \ \ . 1) .. • . li ____.., wu_LisokiicKAR cr.m \ V :. 'I e 0 A • R le ,Ir • CT- ! - - 1111X-1111N. •AROE N ■ - mi MAY RD S 0U-T• IBAE N .. . . .• . ... • • S. ' arl :, . - -" R- N -, '4--2,. . ' . - -, .4,11 I * ty 1 I i; i .x- NN'=:.',......z...! :i 1. I SO4-07"LEA ■:', . . li N 'po*21z..J.g 2-,_, _,..„ • , ril....zz --.........,,,....., 47e/ —07.1 L-i 1 - cr."'''' ...J! , ct.-5ir Re. .HER: M ::7...,P ' 22.2 11 RD -- 7 /, z_ ----:."."-7-7-:::: - - - ----- \ -:::: 23RTe,GE ' .V 27126 -----c .- C \\"1 sue R MAPLE Lit , a. , IWO NE • , K Oil. 31' c . ; la - 1 . I a i 11111M , Mill PORTAGE WAY RO. \ S :a.,..- ' -„ • DI r-RgAST GAGNO 1 \N ST. I 1 114APLE. 14. IN,....... IL) PL AN- ! A .._ REZONING FROM "B" RESIDENTIAL, "A" HEIGHT AND AREA AND "C" COMMERCIAL, "A" HEIGHT & AREA TO: "B" RESIDENTIAL, "B" HEIGHT AND AREA PETITION AREA . APC #1383-90 SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL "C" COMMERCIAL COUNTY ZONING . , "R" RESIDENTIAL I I .. NORTH • finmmtttn arwnrt : ' > OP t1 Tommon flonnrit of Up Mitg of'onto Even): Your Committee of the Whole to whom was referred BILL NO. 101-90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE EAST SIDE OF PORTAGE ROAD 385 FEET NORTH OF THE MAPLE ROAD AND PORTAGE ROAD INTERSECTION 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 changing height;_ and area from A to B. Loretta Duda Chairman FREE PRESS OIEW PUBLISHING Co.