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HomeMy WebLinkAboutZoning - property located at the intersection of Maple and Portage Rds ORDINANCE No. 7987-89 Passed by the Common Council of the City of South Bend, Indiana June 12, 89 - 19 Attest: Y-t-I---""al City Clerk IRENE K. GAMMON si / Attest: `14/J1 r L,_. 4./ President o f Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ June 13, 89 I *-12--i-La- /3-0--.-t-i--____,j Ci ty Clerk IRENE K. GAMMON A p p r o v e d and signed by me WA--rut I q �9.1._i_ illiry4._ Mayor ORDINANCE NO. /4'17-&7 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE INTERSECTION OF MAPLE AND 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: A parcel of land being a part of the East Half of the Southwest Quarter of Section 22, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the center of said Section 22; thence Southerly along the East line of the Southwest Quarter of said Section 22, a distance of 1140 feet; thence along a course having a deflection angle of 70-30' to the right from the preceeding described course, a distance of 500 feet; thence along a course having a deflection angle of 45-00' to the left from the preceeding described course, a distance of 38 feet; thence along a course having a deflection angle of 45-00' to the right from the preceeding described course, a distance of 160 feet; thence along a course having a deflection angle of 90-00' to the right from the preceeding described course, a distance of 70 feet to the place of beginning for this description; thence continuing along the Northwesterly projection of said last described course, a distance of 10 feet; thence along a course having a deflection angle of 90-00' from the preceeding described course, 54.09 feet; thence Northerly along a course parallel with the East line of the Southwest Quarter of said Section 22, a distance of 99.71 feet; thence Westerly along a course parallel with the North line of the Southwest Quarter of said Section 22, a distance of 260 feet; thence Northwesterly along a course parallel with the centerline of a public road, now known as Portage Road, a distance of 458 feet; thence along a course having a deflection angle of 90-00' to the left from the preceeding described course, a distance of 270 feet, more or less, to the centerline of said Portage Road; thence Southeasterly along said centerline of Portage Road a distance of 662 feet, more or less; thence along a course having a deflection angle of 90-00' to the left from the preceeding described course, a distance of 413 feet, more or less to the place of beginning containing 4.87 acres more or less. Subject to the legal rights of a public highway and any easements, covenants or restrictions of record. be and the same is hereby established as B - Residential and A Height &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 lACral r,nhl;na+4,m Date ¶'iiet: April 5, 1989 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: The intersection of Portage and Maple Roads, commonly known as the Hurwich Farm. 2) Name and address of property owner(s) of the petition site: Jack M. Hurwich Betty Hurwich Zoss 11030 Gulf Shore Drive RFD Naples, Florida 33963 1169 Vineyard Haven (813) 598-1679 Massachusetts 02568 3) Name and address of contingent purchaser: Joseph F. Sexton 9001 North Meridian Street Indianapolis, Indiana 46260 (317) 846-4444 4) It is desired and requested that this property be rezoned from: C - Commercial, A Height & Area to: B - Residential, A Height & Area 5) This rezoning is requested to allow the following use: Construction of multi-family housing. 6) Attached is a copy of (a) legal description of the property; (b) a list of the names and addresses of all property owners within 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 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 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. PARKER & JAICOMO Timothy J. Hartzer 205 West Jefferson Blvd., Ste. 250 South Bend, Indiana 46601 (219) 234-4149 linArA, At orneys for � ► tingen qkwrchaser PTTTTT/l*T DD7:DTDV ay. -r - __ _____ _ PARKER OMO ,pr -,:. Attorneys Robert M.Packer Ronald J.Jacomo Thomas J.Brunner,Jr. '---:1-'-- First Bank Building Timoihy J:;Hartzec 205 W.Jefferson Richard L.Hill South Bend,Indiana 46601- (219)234-4149 Cand Ann Licht Mari ' ice A.Lchtenfels < Richard W Snyder. Of Counsel Telecopier (219)"232-5636 April 5, 1989 Mrs. Irene. Gammon HAND-bELIVERED City Clerk City ©£ South Bend_ County City Building 4th Floor South Bend, , Ind ana-46&O1 Re: Rezoning. Petition for Intersection of Maple and Portage Roads Dear Mrs. Gammon: I enclose f9r filing the petition for rezoning witl supporting documentation s required, a proposed. rezoning -rdinance � end additiona-1 -material concerning the developer and his ex r.�sues. If additional information is required,° please let me know. 1::''' Best .regards, PARKER & JAICOMO Timothy J. 'a\t zer Enclosures TJH/la LEGAL DESCRIPTION A parcel of land being a part of the East Half of the Southwest Quarter of Section 22, Township 38 North, Range 2 East, City of South Bend, German Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the center of said Section 22; thence Southerly along the East line of the Southwest Quarter of said Section 22, a distance of 1140 feet; thence along a course having a deflection angle of 70-30' to the right from the preceeding described course, a distance of 500 feet; thence along a course having a deflection angle of 45-00' to the left from the preceeding described course, a distance of 38 feet; thence along a course having a deflection angle of 45-00' to the right from the preceeding described course, a distance of 160 feet; thence along a course having a deflection angle of 90-00' to the right from the preceeding described course, a distance of 70 feet to the place of beginning for this description; thence continuing along the Northwesterly projection of said last described course, a distance of 10 feet; thence along a course having a deflection angle of 90-00' from the preceeding described course, 54.09 feet; thence Northerly along a course parallel with the East line of the Southwest Quarter of said Section 22, a distance of 99.71 feet; thence Westerly along a course parallel with the North line of the Southwest Quarter of said Section 22, a distance of 260 feet; thence Northwesterly along a course parallel with the centerline of a public road, now known as Portage Road, a distance of 458 feet; thence along a course having a deflection angle of 90-00' to the left from the preceeding described course, a distance of 270 feet, more or less, to the centerline of said Portage Road; thence Southeasterly along said centerline of Portage Road a distance of 662 feet, more or less; thence along a course having a deflection angle of 90-00' to the left from the preceeding described course, a distance of 413 feet, more or less to the place of beginning containing 4.87 acres more or less. Subject to the legal rights of a public highway and any easements, covenants or restrictions of record. +► , .Oak r , Jack M. Hurwich 11233 River Oaks Ln. Osceola, In . 46561 Betty Hurwich Zoss 11233 River Oaks Ln Osceola, In. 46561 Joe Ann Mucci 52520 Portage Road South Bend, In . 46628 David B. Kane 52610 Portage Road South Bend, In. 46628 William Edwin Kizer 52525 Portage Road South Bend, In. 46628 William & Mary Kizer 52525 Portage Road South Bend, In 46628 Property owners within 300 ' radius of Sexton rezoning 9:::C 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 May 17, 1989 S 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 "Cu Commercial , "A" Height and Area to "B" Residential , "A" Height and Area, property located on the east side of Portage Avenue, approximately 1 ,300 feet north of Cleveland Road, City of South Bend - APC #1251-89 Gentlemen: The above referenced ordinance and site development plan of Jack M. Hurwich and Betty Hurwich Zoss 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 John DeLee , being seconded by Harold Means and unanimously carried, the proposed ordinance and site development plan of Jack M. Hurwich and Betty Hurwich Zoss to zone from "C" Commercial, "A" Height and Area to "B" Residential, "A" Height and Area, property located on the east side of Portage Avenue, approximately 1 ,300 feet north of Cleveland Road, City of South Bend is sent to the Common Council with a favorable recommendation subject to an acceptable final site development plan. The effect of the proposed zoning change would be to limit the development of the property to multi-family uses. In the Commission's opinion, the change would not have a detrimental effect on the area. 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: Joseph F. Sexton Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT May 8, 1989 Jack M. Hurwich and Betty Hurwich Zoss 1251-89 Location: on the east side of Portage Ave. , approximately 1,300 feet north of Cleveland Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "A" Height and Area to "B" Residential, "A" Height and Area to allow the construction of multi-family apartments EXISTING LAND USE: The property is currently vacant . SURROUNDING LAND USE AND ZONING: Located to the north and east is vacant land zoned "B" Residential; to the south is vacant land zoned "C" Commercial ; and to the west , across Portage Avenue, is vacant land zoned "C" Commercial ACCESS: Access to the site is proposed from Portage Avenue. WATER SOURCE/SEWAGE DISPOSAL: The project will be connected to City utilities DRAINAGE: The drainage has been addressed by the petitioner. DATA: The total site to be rezoned is 4.87 acres. The entire project site is 38.77 acres. Of that , the buildings will occupy 208,000 square feet , or 12% of the site; the parking and drives will occupy 336,000 square feet , or 20% of the site, and 26 acres or 68% 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: City water and sanitary sewers are available to the site. 4 (..c" `\ N. l . r , J fa ism�L 1 �1 1 1 I11 \ 1 '* t 1 / W : S.e. Y RD. .. i� �\ IA; .. 4� 3 b .pp¢ 4ic4 � U .r1 ;i;y } c. . .m H • • 4 ct CAE V f F 1 1 W f am f i �h0 < 4? .N � lb n EAST 1 WEST -. PORTAGE SOUTH 4 CORP LIMITS • ce i a BEND 0 I 1 L o� 9 c x � 0 ..m I 1 / ! S REZONING FROM: "C" COMMERCIAL APC #1251-89 TO: "B" RESIDENTIAL PETITION AREA COUNTY ZONING "R" RESIDENTIAL l. : <;:,< :., I SOUTH BEND ZONING "A" RESIDENTIAL 1 - -a-1 "B" RESIDENTIAL . "C" COMMERCIAL NORTH .