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Home My WebLink AboutZoning - located North side of Hepler St 231 feet East of 34th St ORDINANCE No. 8022-89 Passed by the Common Council of the City of South Bend,Indiana October 9, Iq 89 Attest: City Clerk IRENE K. GAMMON Attest: �L 1 L4/tii,l. % President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— October 10, 89 19 City Clerk IRENE K. GAMMON Approved and signed by me October 12 19 �u Mayor d,7e4. ORDINANCE NO. Yoac 3 9 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF HEPLER STREET 231 FEET EAST OF 34TH STREET 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, Indiana : A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East, beginning at a point 231 feet East of the Southwest corner of said Southeast Quarter of the Northeast Quarter of Section 32; thence North 00° 42 ' 19" East, 1321 .3 feet to a point on the North line of said quarter—quarter; thence North 89° 58 ' 00" East along said north line, 837 .53 feet; thence South 00° 15 ' 41 " West, 1321 .70 feet to a point on the south line of said quarter—quarter; thence South 90° 00 ' 00" West along said south line, 847 .76 feet to the place of beginning. EXCEPTING THEREFROM THE FOLLOWING A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East, beginning at a point 413 .5 feet East and 810 feet north of the Southwest corner of said Southeast Quarter of the Northeast Quarter of Section 32; thence North 00° 42 ' 19" East, parallel with the west line of said quarter—quarter, 245 . 16 feet; thence South 89° 17 ' 41" East, 205 . 16 feet; thence South 00° 42 ' 19" West, 245 .16 feet; thence North 89° 17 ' 41" West, 205. 16 feet to the place of beginning. 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 "A" Residential, "A" 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 legal publication. 4100 4 -m. - of the Comic . ` ouncil • Date Filed August .16, `1989 Application No 1280-89 Date received by the Area Plan Commission August 16, 1989 We the undersigned make application to 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 north side of Hepler Street, between 34th Street and Hickory - Road 2) Name and address of property owner of the petition site: Miller Builders, Inc. 50920 Sherwood Drive Granger, Indiana Avenue Phones (219) 272-8800 3) Name and address of contingent purchaser. N/A 4) It is desired and requested that this property be rezoned from "A" Residential, No Height and Area to "A" Residential, "A" Height and Area 5) This rezoning is requested to allow the following use: The development of the petition tract as a single-family residential subdivision. 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. PETITION PREPARED BY; Area Plan Commission 11th Floor, County-City Building South Bend, IN 46601 EXHIBIT "A" A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East, beginning at a point 231 feet East of the Southwest corner of said Southeast Quarter of the Northeast Quarter of Section 32; thence North 00° 42 ' 19" East, 1321 .3 feet to a point on the North line of said quarter—quarter; thence North 89° 58 ' 00" East along said north line, 837 .53 feet; thence South 00° 15 ' 41" West, 1321 .70 feet to a point on the south line of said quarter—quarter; thence South 90° 00 ' 00" West along said south line, 847 .76 feet to the place of beginning. EXCEPTING THEREFROM THE FOLLOWING A parcel of land in the Southeast Quarter of the Northeast Quarter of Section 32, Township 38 North, Range 3 East, beginning at a point 413 .5 feet East and 810 feet north of the Southwest corner of said Southeast Quarter of the Northeast Quarter of Section 32; thence North 00° 42 ' 19" East, parallel with the west line of said quarter-quarter, 245 .16 feet; thence South 89° 17 ' 41" East, 205 . 16 feet; thence South 00° 42 ' 19" West, 245 . 16 feet; thence North 89° 17 ' 41" West, 205 .16 feet to the place of beginning. Subject to the legal rights of a public highway and any easements, covenants, or restrictions of record. PROPERTY OWNERS WITHIN 300 FEET OF CREEKWOOD VILLAS Eugene B. & Charnley L. Allen 17033 Hepler Street South Bend, IN 46635 John D. & Sandra. K. Stouffer 17210 Douglas Road South Bend, IN 46635 Roger D. Stouffer 17165 Hepler Street South Bend, IN 46635 Richard N. & Lois E. Shoupe 16777 Cedar Crest Court Granger, IN 56530 Carl W. & Nancy Onell 17150 McErlain Street. South Bend, IN 46635 Henry Noel & Ruth Anketell 17180 McErlain Street South Bend, IN 46635 Louis J. & Betty Lou Dolman 17200 McErlain Street South Bend, IN 46635 Ray M. & Edwina Powell 17231 Hepler Street South Bend, IN 46635 South Bend Community School Corporation Administrative Offices 635 N. Main Street South Bend, IN 46601 Christian Reformed Church, Inc. 52920 Winterberry Court South Bend, IN 46637 AREA PLAN COMMISSION ' RICHARD S. JOHNSON 93= OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 September 20, 1989 7P / 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 to "A" Residential, "A" Height and Area, property located on the north side of Hepler Street, between 34th Street and Hickory Road, City of South Bend APC '#1280-89 Dear Council Members: The above referenced ordinance of Area Plan Commission was legally advertised September 7, 1989 and September 9, 1989. The Area Plan Commission at its public hearing.on September 19, 1989, took the following action: Upon a motion by John DeLee, being seconded by John Leszczynski and unanimously • carried, the proposed ordinance initiated by the Area Plan Commission to zone from "A" Residential to "A" Residential, "A" Height and Area, property located on the north side of Hepler Street , between 34th Street and Hickory Road, City • of South Bend is sent to the Common Council with a favorable recommendation 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 . Johnson RSJ:sr Attachment CC: Area Plan Commission CC: Miller Builder, Inc. CC: Larry Vanosdol Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN • STAFF REPORT September 11 , 1989 Area Plan Commission 1280-89 Location: the north side of Hepler Street , between 34th Street and Hickory Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential to "A" Residential , "A" Height and Area to allow the development of a single-family residential subdivision. EXISTING LAND USE: The property contains three single-family homes. SURROUNDING LAND USE AND ZONING: Located to the north across Juday Creek are single-family homes zoned "R" Residential; to the east is a single-family home zoned "R" Residential; to the south across Hepler Street is a school zoned "A" Residential ; to the west is a single-family home zoned "R" Residential . ACCESS: Access to the site is from Hepler. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed. DATA: The total site to be rezoned is approximately 25.5 acres. WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that wetlands and flood hazard areas are present , but they are not planned for development. SITE PLAN: A site plan is not required for rezonings initiated by the Area Plan Commission. AGENCY COMMENTS: N/A ,.0•••-•• y _.. • , Z 1 ., •l. 1 :� —N ',*;01C `�' B • ti' R uNKk wr,,•-7,X I'M boo R �.�.✓ �.O A N, R-2 r - R - I N igi,` 4:- Asa IS - I 7j111 2 !ir. st •hwfz • R A.,..... - If ,,, -'..imy ..............44,,:i v rsh F • lifr, R , r;;;• $ , - ".I y .. R_ � di v. - R ' - F .A p. \C''''' N r"--- , ► , I,, APF A0 i Fin r, , .... t cow Ulan , -, r 1 .. ,f,::; \ 1-...- ;1.---#-----C-------:clt"): irlt ' :: 4: ; if-"''''I t t i y^,N, It ,,.._„ / 11 _ ; .,..- ,..,,,..„ i "It ' .- ,., 1 , . - — :„.„. , f . c_ . ____ ! 1 ,..__....-i _ , ..__ , ,4 / i lam 1. / S.:41 C>' 1_�—J N r ANNEX.302) 0.7 W 1111�..JJ/�.•JJ/ : 4 a. • I Y a Il _ � - _ _ -_.�-- R - Ro.v I I ( lnnnnnr _ : _ - REZONING FROM: "A" RESIDENTIAL kPC 1280-84 TO: "A" RESIDENTIAL, "A" HEIGHT AND AREA PETITION AREA 454gomma COUNTY ZONING "R" RESIDENTIAL I I SOUTH BEND ZONING "A" RESIDENTIAL I "D" LIGHT INDUSTRIAL I I MISHAWAKA ZONING 4' "R-3" RESIDENTIAL NORTH "R-4" RESIDENTIAL