HomeMy WebLinkAboutAmending zoning ordinance 489.5 acres bounded by Olive Rd Michiana Regional Airport on the East {
•ORDINANCE No. 8154-91
Passed by the Common Council of the City of South Bend,Indiana
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January 14, xq 91
Attest: - w*--m' J City Clerk
IRENE K. GAMMON
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Attest: 1 _a..[./ L1�..i President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 15, 91
City Clerk
IRENE K. GAMMON
Approved and signed by me I lc, 19 9 t
, 4. �' Mayor
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SUBSTITUTE BILL #82-90
ORDINANCE NO. S (SN_n{ t
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR
PROPERTY DESCRIBED AS THE 489.5 ACRES
GENERALLY BOUNDED BY OLIVE ROAD ON THE WEST,
THE MICHIANA REGIONAL AIRPORT ON THE EAST,
U.S. 20 ON THE SOUTH, AND OLD CLEVELAND ROAD
ON THE NORTH, AND FOR 170 ACRES OF PROPERTY
DESCRIBED AS A PORTION OF THE TOLL ROAD
INDUSTRIAL PARK LOCATED GENERALLY AT THE
NORTHWEST CORNER OF NEW CLEVELAND ROAD AND
MAPLE/PORTAGE ROADS, 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:
That part of Sections 29, 30, 31 and 32, T. 38 N. , R. 2
E. , German Township, St. Joseph County, Indiana which
is described as: Beginning at the North quarter
Post of said Section 29; thence South along the North
and South quarter line of said Section to a Point which
is 824.24 ft. South of the Center of said Section;
thence East, 89.71 ft . ; thence South Parallel with and
89.71 ft. East of the North and South quarter Line of
said Section, 1784.88 ft. , said point being the North
Right of Way Line of Vacated Lathrop Street (Douglas
Road); thence West along the North line of said Vacated
Lathrop Street to the Westerly line of Vacated
Butternut Road; thence Southwesterly along a line
parallel to and 20.00 ft. Westerly of the following
described line to wit: Beginning at a Point in the
Centerline of Vacated Butternut Road; thence South
29.00 ft. to an Iron ; thence S. 05°--24"-06" W. ,
251.90 ft. to an Iron set in concrete; thence S.
31°--09"-50" W. , 473.36 ft. to an Iron; thence S.
O1°--23"--50" W. , 123.15 ft. to an Iron, all being a line
along the Westerly Right of Way of Vacated Butternut
Road; thence; S. 88°-46"-30" W. , 1595.58 ft. to a Point
on the West line of said Section 32 which is South
829.90 ft. from the Northwest Corner of said Section;
thence S. 88°-46"-3O"W. , 1132.51 ft. to a Point on the
Northwesterly Right of Way line of the U.S. #31
By-Pass and the Lincolnway West-U.S. #20 intersection;
thence N. 19°--08"-51" W. along the limited access
Right of Way line of the Northeast ramp of the U.S.
#31 By-Pass; 1654.59 ft. to a point 603.50 ft. more or
less South of the North line of the South half (1/2) of
the Southeast quarter (1/4) of said Section 30, which
point is 210.00 ft. to the right of PCC at Station 22 +
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10 of the survey line of the said Northeast ramp;
thence Westerly at Right angles to line "N" which line
is the centerline of the U.S. @31 By-Pass, 420.00 ft.
more or less to a point in the limited access right of
way line of the Northwest ramp of said U.S. #31
By--Pass, thence Southerly and Westerly along the
limited access right of way line of said Northwest ramp
to a Point 79.36 ft. South of the North quarter post of
said Section 31; thence North along the North and South
quarter line of said Section 31, 79.36 ft. to the North
quarter post of said Section; thence North along the
North and South quarter line of Section 30 to the
Center of Section 30; thence East along the East and
West quarter line of said Section to the east quarter
Post of said Section; thence East along the East and
West quarter line of said Section 29 to the Southeast
corner of the West half of the West half of the
Northwest quarter of said Section 29; thence North
along the East line of the West half of the West half
of the Northwest quarter of said Section to the
Northeast Corner of the West half of the West half of
the Northwest quarter of said Section; thence East
along the North line of said Section and the Centerline
of Cleveland Road to the Point of Beginning.
Containing 489.50 Acres more or less.
be and the same is hereby established as "D" Light
Industrial, "A" Height and Area.
SECTION II. 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:
That part of Section 21 T. 38 N. , R. 2 E. , German
Township, St. Joseph County, Indiana which is described
as: Beginning at the Center of Section 21; thence N.
88°' 53"-36" E. along the East and West quarter line of
said Section, 450.58 ft. to the Southeast corner of Lot
6 of the recorded plat of Toll Road Industrial Park,
Section 4; thence N. 00°-56"-57" W. , 348.63 ft. to the
Northwest corner of Lot 3, of the recorded plat of Toll
Road Industrial Park, Section 2, thence N. 88°--53"--36"
E. , 385.00 ft. to the West line of Ralph Jones Drive;
thence N. 00°--56"-57" W. , 504.83 ft. ; thence around a
30.00 ft. radius curve to the left an arc distance of
47.21 ft. to the end of a chord which bears N.
46°-01"-41" W. and a distance of 42.49 ft. to the south
line of William Richardson Drive; thence along said
south line S. 88°-53"--36" W. , 805.50 ft. to the
Northwest corner of Lot 6, Toll Road Industrial Park,
Section 4; thence N. 00°-56"--57" W. , 1126.62 ft. to the
Northwest corner of Outlot 7C, of the recorded plat of
Toll Road Industrial Park, Section 7; thence N.
88°--53"--36" E. , 1327.59 ft. to the Northeast corner of
Lot 11 of Toll Road Industrial Park, Section 6; thence
S. O0°--56"--57" E. , 1046.62 ft. to the North line of
William Richardson Court; thence along said North line
N. 88°--53"-36" E. , 238.43 ft. ; thence around a 60.00
ft. radius curve to the left an arc distance of 50.47
ft. to the end of a chord which bears N. 64°-47"--51" E.
and a distance of 48.99 ft . ; thence around a 60.00 ft.
radius curve to the right an arc distance of 144.76 ft.
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00°-45"-45" E. 338.81 ft. to the East Quarter Post of
said Section; thence South along the East line of the
Southeast quarter to the Northerly right-of-way line of
Cleveland Road; thence along said Northerly
right-of--way line of Cleveland Road N. 68°-46'-15" W. ,
838.81 ft. thence around a 4463.66 ft. Radius curve to
the Right an arc distance of 732.25 ft to the end of a
chord which bears N. 55°--47"--07" W. and having a
distance of 731.43 ft. and N. 51 0--06'-33" W. , 725.43
ft. and around a 4705.21 ft . Radius curve to the left
an arc distance of 870.48 ft. to the end of a chord
which bears N. 56°--22"-04" W. and having a distance of
869.24 ft. ; thence N. 00°-66'-12" W. along the North
and South quarter line of said Section 98.76 ft. to the
Point of Beginning. Containing 123.70 Acres, more or
less.
be and the same is hereby established as "0" Light Industrial, "A" Height and
Area.
SECTION III. 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=
That part of the West half of the Southwest quarter of
Section 22.T.38 N. R. 2 E. , German Township, St. Joseph
County, Indiana which is described as Beginning at
the West Quarter post of Section 22; thence S.
01°--00'--44" E. , along the West line of the West half of
the Southwest quarter of said Section 585.04 ft. to the
Point of Beginning; thence N. 89°-44"-31" E. , 1219.94
ft. to the Centerline of Portage Road; thence S.
21°-44'-25" E. along said line, 292.53 ft. thence S.
01°-02'-54" E. along the East line of the West half of
the Southwest quarter of said Section 22, 985.05 ft. to
the South line of Maple Road; thence along said line S.
42°-23'--52" W. , 526.67 ft. and S. 03°--23"--52" W. 50.53
ft . to the Northerly right-of-way line of Cleveland
Road; thence along said line N. 62°--25'-23" W. , 181.03
ft; thence N. 68°--12"--15" W. , 345.89 ft. and N.
50--02'--56" W. , 410.00 ft . and N. 77°-22'-14" W. ,
148.56 ft. to the West line of the West half of the
Southwest quarter of said Section 22; thence north
along said line to the Point of Beginning. Containing
46.30 acres, more or less.
be and the same is hereby established as "B" Residential "A" Height and Area.
Section IV. 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.
itagidatii
Member of 'anon Council
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Date Filed :Application No / 371-9 '
Date received by the Area Plan Commission
We the undersigned make application to the Common Council of the City of
of South Bend, Indiana to amend the zoning ordinance as herein requested.
1) The property sought to be rezoned is generally described as
Parcel...1: the 264.87 acres known as the Toll Road Industrial Park located
generally at the northwest corner of new Cleveland Road and
Maple/Portage Roads;
Parcel 2 the 489.5 acres generally bounded by Olive Road on the west,
Michiana Regional Airport on the east, U.S. 20 on the south, and Old
Cleveland Road on the north.
2) Name and address of property owner(s) of the petition site
See attached list
3) Name and address of contingent purchaser(s), if applicable:
N/A
4), $t 4i!desiire ;end requested that t hx prop .t,y! be rezo'ned 1;: ' 1 ;i,� ; ;�� �� 11 1 1$ II
' from "A" Residential "A" Height and Area
to ''D" Light Industrial , "A" Height and Area
5) This rezoning is requested to allow the following use(s):
To appropriately zone property annexed into the City of South Bend for its
intended use
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.
Initiated by the Area Plan Commission
Signature of Petitioner
Address
Petition prepared by:
Area Plan Commission
1140 County-City Building
South Bend, IN 46601
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Gi I{�, S., i
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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
October 16, 1990
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 zone
from "A" Residential , "A" Height and Area to "D" Light Industrial , "A"
Height and Area, property located at the area generally bounded by the
airport, Olive Road, U.S. 20, and Old Cleveland Road, City of South Bend -
APC #1376-90
Dear Council Members:
The above referenced ordinance Initiated by the Area Plan Commission was
legally advertised October 4, 1990 and October 6, 1990. The Area Plan
Commission at its public hearing on October 16, 1990, took the following
action:
Upon a motion by Charles Landesman, being seconded
by Harold Means and unanimously carried, the
proposed ordinance initiated by the Area Plan
Commission to zone from "A" Residential, "A" Height
and Area to "D" Light Industrial , "A" Height and
Area, property located at the area generally bounded
by the airport , Olive Road, U.S. 20, and Old
Cleveland Road, City of South Bend, is sent to the
Common Council with a favorable recommendation, as
amended. When property is annexed into the City, it
comes in zoned "A" Residential. This rezoning is
• necessary to appropriately zone the newly annexed
area for its intended uses as set out in the Airport
2010 Plan.
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,
J
Richard S. Johnson
RSJ:sr
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
STAFF REPORT October 5;- 199Q-
Initiated by the Area Plan Commission 1376-90
Location: Parcel 1 : Toll Road
Industrial Park and Parcel 2: the area
generally bounded by the airport, Olive
Road, U.S. 20, and Old Cleveland Road
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "A" Residential , "A" Height and Area to
"D" Light Industrial , "A" Height and Area to
assign appropriate zoning to property annexed
into the City of South Bend.
EXISTING LAND USE: The property contains single-family homes,
vacant land, and industrial uses.
SURROUNDING LAND USE AND ZONING: The surrounding area is a mixture of
single-family residences, and vacant land.
ACCESS:
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the sites.
DRAINAGE:
SITE DATA: Parcel 1 is approximately 265 acres and Parcel
2 is approximately 490 acres.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that
there is a sludge pond and an old landfill
site on Parcel 2. There are areas of wetlands
in both parcels.
SITE PLAN: A site plan is not required for rezonings that
are initiated by the Area Plan Commission.
AGENCY COMMENTS:
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NOTE: THIS PETITION AREA HAS BEEN ' ' „qv.
TABLED UNTIL THE A.R C. MEETING
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OF NOVEMBER 20, 1990 DUE TO 0
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i THE AREA BEING AMENDED BY
THE COMMON COUNCIL
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October 16, 1990
Area Planning Commission
Dear Commissioners,
It is entirely inappropriate to hold any public hearings today on
rezonings pertaining to Airport 2010. The legal requirements for the
hearings may have been met. The moral requirements to legitimately
hold the hearings are totally lacking. The German Township
Neighborhood Association (GTNA) invited Area Planning Commissioner
Richard Johnson to speak at one of our meetings last year. Mr.
Johnson stated then that it was Area Planning's policy to inform any
interested neighborhood group about rezonings affecting them upon
their written request to the Area Planning Commission. GTNA has filed
such a request. Nevertheless, no officer of GTNA was notified of
today's meeting. This oversight is not the first time that GTNA has
not been informed about rezonings in German Township and I have
complained both to the Area Planning Commission and to the Area
Planning Commission staff. I was assured that it would not happen
again.
I deeply resent reading about major rezonings in German Township
in the newspaper the day before the rezoning hearing is to be held.
This behavior cannot help but give the impression, warranted or not,
that someone in Area Planning does not want public comment. The Area
Planning Commission has a moral obligation to postpone the hearing on
all Airport 2010 rezonings until a later date given that the proper
and promised notification was not given.
I have a number of questions pertaining to the rezoning,
questions that cannot be adequately raised, answered and followed up
in the context of a letter. Prior commitments preclude me from
attending today's meeting. I do not expect a hearing to be scheduled
or rescheduled for my convenience. I do expect to be notified in
advance of hearings.
Sincerel ,
, 7),
Richard . Sheehan
President
German Township Neighborhood
Association
51270 Mayflower Rd.
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In the &ato n Moonlit of tip (Mg of+.motif Erns:
Your Committee of the Whole
to whom was referred
BILL NO.
82-90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY DESCRIBED
AS PARCEL 1: THE 264.87 ACRES KNOWN AS THE TOLL ROAD
INDUSTRIAL PARK LOCATED GENERALLY AT THE NORTHWEST CORNER OF
NEW CLEVELAND ROAD AND MAPLE/PORTAGE ROADS; PARCEL 2: THE.
489. 5 ACRES GENERALLY BOUNDED BY OLIVE ROAD ON THE WEST, THE
MICHIANA REGIONAL AIRPORT ON THE EAST, U.S. 20 ON THE SOUTH,
AND OLD CLEVELAND ROAD ON THE NORTH, IN 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.
Loretta Duda
Chairman
FREE PRESS PUBLISHING CO.