HomeMy WebLinkAboutZoning - located 14.0 acre tract of land at the southeast corner of Daren Rd Y �
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ORDINANCE No. 7986-89
Passed by the Common Council of the City of South Bend,Indiana
June 12, rq 89
Attest: City Clerk
IRENE K. GAMMON
Attest: President of Common Council
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Presented by me to the Mayor of the City of South Bend, Indiana _
June 13, 89
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City Clerk
IRENE K. GAMMON
Approved and signed by me 4* i9 9
o e Mayor
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ORDINANCE NO. 7q z"0 C/
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT A 14.0 ACRE, MORE OR LESS,
TRACT OF LAND AT THE SOUTHEAST CORNER OF
DARDEN ROAD AND LILAC 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:
A PART of the Southwest Quarter of Section 23, Township 38 North ,
Range 2 East , AND PART of the Southeast Quarter of Section 22,
Township 38 North , Range 2 East, German Township , St. Joseph
County, Indiana, and described as follows:
COMMENCING at the Northwest corner of the Southwest Quarter of
said Section 23, said point also being on the centerline of
Darden Road; thence South 89°39'51 " West, a distance of 345.09
feet to the centerline of Lilac Road; thence South 01 °41 '46" West
along the centerline of Lilac Road , a distance of 638.38 feet;
thence South 88°31 '44" East , a distance of 348.23 feet; thence
South 01 ° 17'44" West , a distance of 50.00 feet ; thence North
90°00'00" East , a distance of 506.36 feet to the centerline of
Glenview Drive; thence North 27°08'22" East along the centerline
of Glenview Drive; a distance of 161 .35 feet , more or less, to a
point of curve; thence Northerly along a curve to the left ,
having an arc distance of 245.31 feet , a central angle of
27°08'31 " , a radius of 517.83 feet , a chord bearing of North
13°34'06" East and a chord length of 243.02 feet ; thence North
00°00'09" West, a distance of 318.96 feet to the centerline of
Darden Road; thence South 89°59'51 " West, a distance of 619.91
feet to the Point of Beginning and containing 14.741 acres, more
or less, and is subject to all public rights-of-way, easements,
restrictions and or limitations of record.
be and the same is hereby established as "B" Residential-"B"
Height and Area.
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 leggl puktlicak}on,
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Memb= of the Commo/C, nc i l
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Date Filed Application No .
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 :
14.0 acres, more or less, at the Southeast corner of Darden
Road and Lilac Road .
2. Name and address of property owners of the petition site:
Hugh W. Silberman, PRESIDENT
FAWN DEVELOPMENT COMPANY
3603 Progress Drive
South Bend , Indiana 46628
3. Name and address of contingent purchaser , if applicable:
None
4. It is desired and requested that this property be rezoned
From: "A" - Residential
To : "B" - Residential/multi-family - "B" Height and Area
5. This rezoning is requested to allow the following use:
To allow the development of 92 condominium units on the
mentioned 14.0 acre, more or less, parcel .
6. By signing this petition, I and my 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 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 petitioned property to
revert to the initial zoning classification. Time extensions
on the submittal of the final site plan may be requested .
FAWN DEVELOPMENT COMPANY
BY:
Pik( (14
Bill R. Owen
Authorized Agent
NOTE: Copy of Authorization Statement will be submitted before
the first reading of the scheduled Plan Commission
meeting .
PETITION PREPARED BY:
VALLEY ENGINEERING CONSULTANTS, INC.
14887 State Road 23
Granger , Indiana 46530
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AREA PLAN COMMISSION RICHARD S. JOHNSON
13°
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
q- g 9
May 17, 1989
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 Fawn Development Company
to zone from "A" Residential , "A" Height and Area to "B" Residential , "B" Height
and Area, property located at the southeast corner of Darden Road and Lilac
Road, City of South Bend - APC #1250-89
Gentlemen:
The above referenced ordinance and site development plan of Fawn Development
Company was legally advertised May 4, 1989 and May 6, 1989. The Area Plan
Commission gave it a public hearing on May 16, 1989, at which time the following
action was taken:
Upon a motion by Joseph Serge, being seconded by Charles Landesman and
unanimously carried, the proposed ordinance and site development plan of Fawn
Development Company to zone from "A" Residential , "A" Height and Area to "B"
Residential, "B" Height and Area, property located at the southeast corner of
Darden Road and Lilac Road, City of South Bend is sent to the Common Council
with a favorable recommendation, subject to a final site development plan. In
the Commission's opinion, the proposed use and site plan would not have a
detrimental effect 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
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 Richard S. Johnson
RSJ:sr
Attachment
CC: Fawn Development Company
CC: Valley Engineering Consulta
a r
t
STAFF REPORT May 8, 1989
Fawn Development Company 1250-89
Location: southeast corner
of Darden Road and Lilac
Road
City of South Bend
REOUESTED ACTION: The petitioners are requesting a zone change
from "A" Residential , "A" Height and Area to
"B" Residential , "B"Height and Area to allow
construction of 92 multi-family condominium
units
EXISTING LAND USE: The property is currently vacant.
SURROUNDING LAND USE AND ZONING: Located to the north across Darden Road, is
vacant land zoned "A" Residential in the City
and "R" Residential in the County; to the
east, across Glenview Drive, are single-family
homes zoned "A" Residential; to the south is a
single-family home and a park zoned "A"
Residential ; to the west, across Lilac Road,
are single-family homes in the County, zoned
"R" Residential .
ACCESS: Access to the site is proposed from Lilac Road
and Darden Road.
WATER SOURCE/SEWAGE DISPOSAL: The project will be connected to City
utilities.
DRAINAGE: The drainage has not been addressed by the
petitioner.
DATA: The total site to be rezoned is 14.7 acres.
Of that, the buildings will occupy 134.872
square feet , or 21% of the site; the parking
and drives will occupy 118,734 square feet, or
19% ocf the site, and 8.9 acres, or 60% of the
site will remain as open space.
WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that no
wetlands or flood hazard areas are present.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer made the following comments:
(1) Sidewalks required on Glenview; sidewalks
and curbs required on Lilac. (2) Approaches
to be build to City standards.
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ST JOSEPH COUNTY HOME SEWAGE �IJ
DISPnSAL orc.
PL ANT
REZONING FROM: "A" RESIDENTIAL APC #1250-89
TO: "B" RESIDENTIAL
PETITION AREA
COUNTY ZONING
"R" RESIDENTIAL t 1
SOUTH BEND ZONING
"A" RESIDENTIAL I 4 NORTH
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RECEIVED.
8
4024 Glenview Dr .
MAY
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South 'Bend,] IN 46628 AREA pLrAM'COMM•
May 15, 1989
Mr. Richard S. Johnson
Area Plan Commission
Rm. 1140 County—City Building
South Bend, IN 46601
Dear Mr. Johnson:
This is in response to your letter dated May 3, 1989
concerning the proposed ordinance and site development plan
of Pawn Development Company . The property in question is at
the corner of Lilac and Darden Road. This property is
located directly across the street from my home which I
recently purchased in June 1988.
Previously my family and I lived in the McKinley Terrace
area of South Bend. The area was nice but it was very
crowded and congested with traffic and people. We wanted to
get out of the city but still wanted the convieniences of
the city nearby. We selected Riverside Manor because it had
all that we wanted in a neighborhood.
We selected this particular house because it was on the
outside of the subdivision and on a corner. Directly across
the street from my house is the woods . I feel like I am
living in the country but still can enjoy subdivision
living. This is what attracted us to purchase this home.
My children have other kids to play with and I feel safe
allowing them to ride their bikes because our streets are
not congested like at our old house in McKinley Terrace.
I was optomistic when I found out that they were going to
build Cross Creek. In fact this almost prompted me to not
buy this house in the first place. I felt that this new
neighborhood would hurt our existing neighborhood. So far
Cross Creek has not possesed a problem. I have seen an
increase in the traffic on Lilac and Darden Road, which does
alarm me, but there does not seem to be a severe problem
yet . I am concerned though, because Cross Creek is really
just beginning. The size of Cross Creek will eventually
double if not triple. We have our own park in Riverside
Manor. Those new Cross Creek neighbors will soon be sharing
this park with us .
It"s a scary feeling to think that there will soon be 92 new
families across the street from my house. Where will all
the cars go? What about their sewage? Of course we can
probably assume that the crime rate will increase as well as
our taxes and our homeowners insurance.
• ., . Why• do we need to put condos in a family housing
development? There are plenty of other areas on Cleveland •
Road that' cn be considered. Why does it have to be built 4- ' r
here? - j ',There are many runners and bicycle clubs that take advantage
of the quiet setting that we enjoy in Riverside Manor. Our
roads are safe and quiet for them to enjoy. Could you
imagine the effect that 100 or more new cars on the road
will have on these individuals?
I like where I am living. It has taken me quite a few years
to find the right house for my family. I don't plan on
moving and I don't plan on just sitting and watching my
investment go down the toilet. I am sure that I share the
same feelings of my fellow neighbors of Riverside Manor when
I say that we don't want condos in our neighborhood.
(Thank o You,
YR_naaaTTld J .
phone 277-5459
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Qlnittuttf#PP irrpnri.
can tile fdnu nuns fdounrit of t1 f Iiin of*until igrnh:
of the Whole
Your Committee
to whom was referred
BILL NO.
28-89 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
A 14.0 ACRE, MORE OR LESS, TRACT OF LAND AT THE SOUTHEAST
CORNER OF DARDEN ROAD AND LILAC 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, as amended
by substitution. .
Steve Luecke
Chairman