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HomeMy WebLinkAboutZoning - located on the South side of Jackson Rd 2642.32 ft. East of Ironwood Rd ,. x, r x' ORDINANCE No. 799x,_89 Passed by the Common Council of the City of South Bend, Indiana .buy 24--rq--$-9- 'Attest: City Clerk IRENE K. GAMMON , a Attest: t' President of Common Council ' a Presented by me to the Mayor of the City of South Bend, Indiana July 25, '9-89 ki-Le--Le_ A- har----.--(-----_, City Clerk IRENE K. GAMMON Approved and signed by me July 27 19 89 i4A704 c‘‘‘-. .-- Mayor ORDINANCE NO. __123.117 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSON ROAD 2642.32 FT. EAST OF IRONWOOD 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: PARCEL I. That part of the Northeast quarter of Section 32, T. 37 N. , R. 3 E., Penn Township, St. Joseph County, Indiana which is described as: Beginning at the North quarter Post of said Section; thence S. 89w-58'-55" E. , along the North line f said Section and the Centerline of Jackson Road, 1321.19 ft.; thence S.„00"-11'-37" E., 237.00 ft. ; thence S. $9°-58 '-55" E. 200.00 ft.; thence N. 00 -11'-37" E., 237.00 ft.; thence S. 89"-58'-55" E. along the North line of said Section and the Centerline of Jackson Road, 1121.19 ft. to the Northeast Corner of said Section; thence S. g0- 10'-04" E. along the East line of said Section, 581.96 ft.; thence N. 46"-03'-13" W., 140.58 ft.; thence around a 505.00 ft. radius curve to the Left an Arc distance of 569.42 ft. to the end of a chord which bears N. 78"-21'-22" W. and having a distance of 539.73 ft. ; thence S. 69w-20'-29" W., 350.00 ft. thence around a .545.00 ft. radius curve to thft Right an Arc distance of 418.99 ft. to the end of a chord which bears N. 88"-38'-03" W. and having a distance of 408.75 ft. ; thence N. 66 -36'-36" W. , 150.00 ft.; thence around a 655.00 ft. radius curve to the Left an Arc distance of 639.12 ft. to the end of a chord which bears S. 85"-26'-13" W. and having a distance of 614.06 ft.; thence around a 446.08 ft. radius curve to th2 Right an Arc distance of 251.52 ft. to the end of a chord which bears S. 73"-38'-12" W. and having a distance of 248.20 ft.; thence S. 89u-47'-22" W., 221.79 ft. ; thence around a 303.73 ft. radius curve to thp Right an Arc distance of 59.38 ft. to the end of a chord which bears S. 22w-371-38" W. and hating a distance of 59.29 ft.; thence S. 28°-13 '-41" W. , 91.03 ft.; thence N. 00"-12'-38" W. along the North and South quarter line of said Section, 685.00 ft.; to the Point. of Beginning. Containing 26.6324 Acres. BE AND THE SAME IS HEREBY ESTABLISHED AS "A" RESIDENTIAL, "A"HEIGHT & AREA. PARCEL II. That part of the Northeast quarter of Section 32, T. 37 N. , R. 3 E. , Penn Township, St. Joseph County, Indiana which is described as: Beginning at a Point on the North and South quarter line of said Section which is S. 00°-12'- 38" E. , 1713.62 ft. from the North quarter Post of said Section; thence S. 32°- 29'-01" E., 697.24 ft.; thence around a 399.53 ft. radius curve to the Left an Arc distance of 405.09 ft. to the end of a chord which bears S. 61°-31'-50" E. and having a distance of 387.96 ft.; thence N. 89u-25'-22" E. , 500.00 ft.; thence around a 1000.00 ft. radius curve to the Right an Arc distance of 9'!n C1 .F4. Fw 4.1.w C O'! CO/ nCH r ....a {.....�„.,. .. - of a chord which bears S. 83°-58'-25" E. and having a distance of 230.00 ft.; thence S. 89 -25'-22" W. along the East and West quarter line of said Section, 2040.47 ft. to the Center of Section 32; thence N. 00°-12'-38" W. along the North and South quarter line of said Section, 920.00 ft. to the Point of Beginning. Containing 9.7902 Acres. BE AND THE SAME IS HEREBY ESTABLISHED AS "A" RESIDENTIAL, "A" HEIGHT& AREA. PARCEL III. That part of the Northeast quarter of Section 32, T. 37 N. , R. 3 E. , Penn Township, St. Joseph County, Indiana which is descried as: Beginning at a Point on the East line of said Section which is S. 00 710'-04" E. , 581.96 ft. from the Northeast Corner of said Section; thence S. 00°- 10'-04" E. along said line, 2024.22 ft. to the East quarter Post of said Section; thence S. 89u-25'- 22" W. along the East and West quarter line of said Section, 600.00 ft. ; thence around a 1000.00 ft. radius curve to the Right an Arc distance of 230.51 ft. to the end of a chord whjch bears N. 83u-58'-25" W. and having a distance of 230.00 ft.; thence N. 77u-22'12" W., 380.00 ft.; thence around a 1000.00 ft. radius curve to the Left an Arc distance of 230.51 ft. to the end of a chord which bears N. 83u-58'-25" W. and having a distance of 230.00 ft. ; thence S. 89 -25'-22" W. , 500.00 ft. ; thence around a 399.53 ft. radius curve to the Right an Arc distance of 405.09 ft. to the end of a chord which bears N. 61 -31'-50" W. and havir0g a distance of 387.96 ft. • thence Nb 32 -29'-01" W. , 77.24 ft. ; thence N. g7 -30'-59" E., 260.00 ft. ; thence N. 32 -29'-01" W. , 390.00 ft. ; thence S. 57 -30'-59" W. , 260.00 ft.; thence N. 32°-29'-01" W. , 407.94 ft. ; thence around a 684.08 ft. radius curve to the Left an Arc distance of 349.68 ft. to the end of a chord which bears N. 47 -07'-40" W. and having a distance of 345.89 ft. ; thence N. 28 -13'-41" E. , 821.03 ft. ; thence around a 303.73 ft. radius curve to thg Left an Arc distance of 59.38 ft. to the end of a chord whic.h bears N. 22u-37'-38" E. and having a distance of 59.29 ft. ; thence N. 89"-47'-22" E. , 221.79 ft. ; thence around a 446.08 ft. radius curve to th8 Left an Arc distance of 251.52 ft. to the end of a chord which bears N. 73 -38'-12" E. and having a distance of 248.20 ft. ; thence around a 655.00 ft. radius curve to the Right an Arc distance of 639.12 ft. to the end of a chord which bears N. 85°-26'-13" E. and having a distance of 614.06 ft. ; thence S. 66 -36'-36" E. , 150.00 ft. ; thence around a 545.00 ft. radius curve to tqe Left an Arc distance of 418.99 ft. to the end of a chord whach bears S. 88 -38'-03" E. and having a distance of 408.75 ft. ; thence N. 69 -20'-29" E. , 350.00 ft. ; thence around a 505.00 ft. radius curve to the Right an Arc distance of 569.42 ft. to the end of a chord which hears S. 78 21'-22" E. and having a distance of 539.73 ft. ; thence S. 46 -03'-13" E. , 140.58 ft. to the Point of Beginning. Containing 122.8346 Acres. BE AND THE SAME IS HEREBY ESTABLISHED AS "B" RESIDENTIAL, "A" HEIGHT & AREA PARCEL IV. That part of the Northeast quarter of Section 32, T. 37 N. , R. 3 E. , Penn Township, St. Joseph County, Indiana which is described as: Beginning at a Point which is S. 32°-29'-01" E. , 230.00 ft. from a Point on the North and South quarter line of said Section which is S. 00°-12'- 8 E. 1713.62 ft. from the North quarter Post of said Section; thence N. 570-30'-4" E. , 260.00 ft.; thence S. 3g -29' -01" E. , 390.00 ft. ; thence S. 57°-30'-59" W. , 260.00 ft. ; thence N. 32"-29'-01" W. , 390.00 ft. to the Point of Beginning. !`...,+n;n;nn 9 7978 Arrne 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.(64 EMBER OF HE O . ` COUNCIL 1 st READING 5-"S'-' �s. HEARING 7' ��5 d READING 1'd � NOT APPROVED /IAY 3 198c I;EFERRED PASSE 7-a Y-fq IRENE GAM u DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) 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 South of Jackson Road, approximately 2642.32 ft. east of Ironwood Road South Bend, Indiana. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: Relative Real Estate Management Inc. 1907 Farmington Ave. Bristol Conn. 06010 PHONE NUMBER (219) 234-6061 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM Unzoned Land, "A" Residential ,"A" HEIGHT & AREA TO "A","B" RESIDENTIAL,& "C" COMMERCIAL ,"A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). SINGLE-FAMILY HOME SITES; B). MULTI-FAMILY CONDOMINIUMS; C). 10,000 SQ.FT. SMALL RETAIL SHOPS 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; (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. SIGNED, Fredrick R. Hains Attorney-in-fact Relative Real Estate Management Inc. 1907 Farmington Ave. Bristol, Conn. 06010 PETITIONED PREPARED BY & CONTACT: PEIRCE & ASSOCIATES 52578 U.S 33 NORTH SOUTH BEND, INDIANA 46637 PHONE NUMBER (219)- 277-5381 O is 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 June 21, 1989 2, 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 Relative Real Estate Management, Inc. to zone recently annexed property from "A" Residential, "A Height and Area to "A" Residential , "B" Residential and "C" Commercial, "A" Height and Area, property located on the south side of Jackson Road, approximately 2642 ft. east of Ironwood Road, City of South Bend - APC #1257-89 Gentlemen: The above referenced ordinance and site development plan of Relative Real Estate Management , Inc. was legally advertised June 8, 1989 and June 10, 1989, The Area Plan Commission gave it a public hearing on June 20, 1989, at which time the following action was taken: Upon a motion by Harold Means, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Relative Real Estate Management, Inc. to zone recently annexed property from "A" Residential , "A" Height and Area to "A" Residential, "B" Residential and "C" Commercial, "A" Height and Area, property located on the south side of Jackson Road, approximately 2642 ft. east of Ironwood Road, City of South Bend is sent to the Common Council with a favorable recommendation. The petitioners have developed a plan incorporating single-family, multi-family, and commercial uses. In the Commission's opinion, the areas requested for rezoning are reasonable and would not be detrimental to the surrounding uses. 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. Sincere Richard S. ohnson RSJ:sr Attachment CC: Relative Real Estate Management, Inc. CC: Peirce & Associates Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT June 12, 1989 Relative Real Estate Management , Inc. 1257-89 Location: the south side- of Jackson Road, approximately 2642 ft . east of Ironwood Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential , "A" Height and Area to "A" Residential , "B" Residential and "C" Commercial , "A" Height a to allow single and multi-family homes as well as a 10,000 square foot retail center EXISTING LAND USE.: The property is currently vacant . SURROUNDING LAND USE AND ZONING: Located to the north across Jackson Road is a single-family home and vacant land zoned "R" Residential ; to the east and south is vacant land zoned "R" Residential ; to the west is vacant land zoned "R" Residential and "A" Residential (city) . ACCESS: Access to the site is proposed from Jackson Road and Johnson Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are to be extended to the site. DRAINAGE: The drainage has been addressed by the petitioner by use of retention ponds. DATA: The total site to be rezoned is 158 acres. Of that , 36 acres are proposed for single-family homes, 120 acres are proposed for multi-family homes, and 2 acres are proposed for retail use. WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that no flood hazard areas are present , but wetlands may be present . SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: (1) Sewer and water to be extended by developer. (2) Sidewalks and curbs will be required on public streets. d Il. OR. ,,r-7---st R E sjASeuT � , , < . .,.: / ~%, , , /1i6 HARTMAN .: I tH JACKSON RD. O u rsa>•■aMEM' � - AMOT.407 — APC 1038-8 6 LJA . :i � r` �}a !li• Sis11a� )`^_\ ! 1 ,* �, MAY ` ..a_..x 4�. n L .. -;«s:,,�.eiew".a..u, ,... ...quo..' .�$ , ' j. • N 1 t it ......__ —E 2 R oi d cc. A w 1 SEE PAGE 37. 'REZONING FROM: "A" RESIDENTIAL APC #1257-89 TO: "A", "B" RESIDENTIAL AND "C" COMMERCIAL PETITION AREA ...W. -,;; SOUTH BEND ZONING "A" RESIDENTIAL I J COUNTY ZONING "A" AGRICULTURAL 1111111M11.1 -4 NORTH "R" RESIDENTIAL 3 1