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HomeMy WebLinkAboutAmending the Zoning at the Corner of Miami Rd and Kern Rd x ORDINANCE No. 7972-89k Passed by the Common Council of the City of South Bend,Indiana April 10, 89 Iq Attest: City Clerk IRENE K. GAMMON Attest: I _L� '�'; President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 1©, 89 19 City Clerk IRENE K. GAMMON Approved and signed by me Apr i 1 11 �9 8 9 Mayor • • f �} ORDINANCE NO. tY/ 704149 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE CORNER OF MIAMI ROAD AND KERN 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 Northwest Quarter of Section 6, T. 36 N. , R. 3 E. , Center Township, St. Joseph County, Indiana, being more particularly described as : Beginnning on the North line of said Section S. 89° 49 ' 02" E. a distance of 1, 465 .00 feet from the Northwest corner of said Section; thence continuing on said North line S . 89° 40 ' 02 " E. a distance of 1,173 . 78 feet; thence S. 00° 33 ' 1.5 W. a distance of 1,541. 91 feet; thence N. 89° 49 ' 32 " W. a distance of 580 . 01 feet; thence N. 00 ° 33 ' 15" E. a distance of 740 . 02 feet; thence N. 45° 00 ' 00 " W. a distance of 85 .11 feet; • thence N. 89 ° 49 ' 32" W. a distance of 405 . 76 feet; thence N. 40° 20 ' 02" W. a distance of 40 .86 feet; thence Northwesterly 364 . 77 feet along an arc to the left and having a radius of 150 . 00 feet and subtended by a long chord having a bearing of N. 20 ° 00 ' 02" W. and a length of 281 . 31 feet; thence N. 00 ° 19 ' 58" E. a distance of 450 . 00 feet to the Point of Beginning, containing 29 . 8689 acres . Also, a part of the Northwest Quarter of Section 6, T. 36 N. , R. 3 E. , Center Township, St. Joseph County, Indiana, being more particularly described as: Commencing at the Northwest corner of said Section; thence S. 89° 40 ' 02" E. along the North line of said Section and the centerline of Kern Road a distance of 1 , 465 . 00 feet; thence S. 00° 19 ' 58" W. a distance of 750 . 00 feet to the Point of Beginning of this description; thence Northeasterly 106 .47 feet along an arc to the left and having a radius of 150 . 00 feet and subtended by a long chord having a bearing of N. 69° 59 ' 58" E. and length of 104. 24 feet; thence S. 40° 20 ' 02" E. a distance of 40 . 86 feet; thence S. 89° 49 ' 32" E. a distance of 405. 76 feet; thence S. 45° 00 ' 00" E. a distance of 85 .11 feet; thence S. 00° 33 ' 15" W. a distance of 740. 02 feet; thence N. 89° 49 ' 32" W. a distance of 550 . 01 feet; thence N. 00 ° 33 ' 15" E. a distance of 229. 70 feet; thence Northeasterly 277 . 04 feet along an arc to the left and having a radius of 225. 00 feet and subtended by a long chord having a bearing of N. 12 ° 06 ' 22" E. and length of 259 .87 feet; thence N. 23° 10 ' 02" W. a distance of 188 . 40 feet; j 1. • by a long chord having a bearing of N. 11° 25 ' 02" W. and a length of 81. 46 feet; thence N. 00 ° 19 ' 58" E. a distance of 58 .40 feet to the Point of Beginning, containing 9. 8311 acres. Also, a part of the Northwest Quarter of Section 6, T. 36N. , R. 3 E . , Center Township, St . Joseph County, Indiana, being more particularly described as: Commencing at the Northwest corner of said Section; thence S. 89 ° 40 ' 02" E. along the North line of said Section and the centerline of Kern Road a distance of 1,465 . 00 feet; thence S. 00° 19 ' 58" W. a distance of 450 . 00 feet to the Point of Beginning of this description; thence Southerly 471 . 24 feet along an arc to the right and having a radius of 150 . 00 feet and subtended by 4ong chord having a bearing of S. 00 ° 19 ' 58" W. and a length of 300 . 00 feet; thence S. 00° 19 ' 58" W. a distance of 58 . 40 feet; thence Southeasterly 82 . 03 feet along an arc to the left and having a radius of 200 . 00 feet and subtended by a long chord having a bearing of S. 11° 25 ' 02" E. and a length of 81 . 46 feet ; thence S . 23° 10 ' 02" E. a distance of 188 . 40 feet; thence Southwesterly 277 . 04 feet along an arc to the right and having a. radius of 225 . 00 feet and subtended by a long chord having a bearing of S . 12° 06 ' 22" W. and a length of 259. 87 feet; thence S. 00° 33 ' 15" W. a distance of 229 . 70 feet; thence N. 89° 49 ' 32" W. a distance of 993 . 81 feet; thence N. 00° 00 ' 00" E. a distance of 936 . 62 feet ; thence Northeasterly 315 . 32 feet along an arc to the right and having a radius of 200. 00 feet and subtended by a long chord having a bearing of N. 45° 09 ' 59" E. and a length of 283. 66 feet; thence S. 89° 40 ' 02" E . a distance of 298 . 57 feet; thence Southeasterly 109 .08 feet along an arc to the right and having a radius of 200. 00 feet and subtended by a long chord having a bearing of N. 45° 09 ' 59" E. and a length of 283. 66 feet; thence S . 89 ° 40 ' 02 " E . a distance of 298 . 57 feet ; thence Southeasterly 109. 08 feet along an arc to the right and having a radius of. 250 . 00 feet and subtended by a long chord having a bearing of S . 77° 10 ' 02" E . and a length of 108 . 22 feet ; thence S . 64 ° 40 ' 02 " E . a distance of 244. 15 feet; thence Northeasterly 170 . 17 feet along an arc to the right and having a radius of 150. 00 feet and subtended by ; a long chord having a bearing of N. 57 ° 49 ' 58" E. and a length of 161 .19 feet to the Point of Beginning, containing 26 . 0132 acres. Also, a part of the Northwest Quarter of Section 6, T. 36 N. , R. 3 E. , Center Township, St. Joseph County, Indiana, being more particularly described as: Beginning at the Northwest corner of said Section; thence S. 89 40 ' 02" E. along the North line of said Section and the centerline of Kern Road, a distance of 1,465 . 00 feet; thence S. 00 19 ' 58" W. a distance of 450. 00 feet; thence Southwesterly 170 . 17 feet along an arc to the left and having a radius of 150 .00 feet and subtended by a long chord having a bearing of S . 57 49 ' 58" W. and a length of 161 .19 feet; thence N. 64 40 ' 02 " W. a distance of 244 . 15 feet ; thence Northwesterly 109 . 08 feet along an arc to the left and having a radius of 250 . 00 feet and subtended by a 1 nnci r • length of 108 . 22 feet ; thence N. 89° 40 ' 02 " W. a distance of 298. 57 feet; thence Southwesterly 315 . 32 feet along an arc to the left and having a radius of 200. 00 feet and subtended by a long chord having a bearing of S . 45° 09 ' 59" W. and a length of 283 . 66 feet; thence S . 0° 00 ' 00 E . a distance of 936 . 62 feet ; thence N. 89 ° 49 ' 32" W. a distance of 500 .00 feet to the West line of said Section; thence N. 0° 00 ' 00" E. along said West line and the centerline of Miami Road a distance of 1 , 549 . 17 feet to the Point of Beginning, containing 27 . 6461 acres, be and the same is hereby established as "A-1" Residential, "A" Height and Area ; "B" Residential, "B" Height and Area; "A-1" Residential, "A" Height and Area; and "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. dr 4 M— THE COMMON`O%NCIL 14 READING I1- /4-$S" -4 • DATE FILED: APPLICATION NO. DATE RECEIVED BY THE 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 Southeast Corner of Miami Road and Kern Road, South Bend, Indiana 2 . Name of property owner: Southfield, Inc. , an Indiana Corporation 740 South Chapin Street South Bend, IN 46625 3 . Name and address of contingent purchaser(s ) , if applicable. N/A 4 . It is desired and requested that this property be rezoned from A - Residential to -- (Height and Area) to A-1 Residential to A (Height and Area) - rezoning Area 1 ; from A - Residential to -- (Height and Area) to B - Residential to B (Height and Area) —rezoning Area 2; from A - Residential to -- (Height and Area) to A-1 Residential to A (Height and Area) - rezoning Area 3; from A - Residential to -- (Height and Area) to A - Residential to A (Height and Area) - rezoning Area 4 . 5. This rezoning is requested to allow the following use(s) : To construct a retirement community involving duplex and multifamily residences. 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 the (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7 . By signing this petition, I and any contingent purchasers understand that if the Councl approves this petition to rezone it may be approved, subject to the submission 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 on the petitioned property to revert to the initial zoning classification. Time extensions on the ,bmission of the final site plan may be requested. SO ' FIE ' , NC. IZALAIlt ;AV e ne h P. edder 30 ) , irst Bank Bldg. 20 W. Jefferson Blvd. 'outh Bend, IN 46601 Telephone: (219) 234-6061 Attorney for Petitioner • . EXHIBIT A A part of the Northwest Quarter of Section 6, T. 36 N. , R. 3 E. , Center Township , St . Joseph County , Indiana , being more particularly described as: Beginnning on the North line of said Section S. 89 49 ' 02" E. a distance of 1 , 465 . 00 feet from the Northwest corner of said Section; thence continuing on said North line S. 89 40 ' 02" E. a distance of 1, 173. 78 feet; thence S. 00 33 ' 15" W. a distance of 1 , 541 . 91 feet ; thence N. 89 49 ' 32" W. a distance of 580 .01 feet; thence N. 00 33 ' 15" E. a distance of 740. 02 feet; thence N. 45 00 ' 00" W. a distance of 85 .11 feet ; thence N. 89 49 ' 32" W. a distance of 405. 76 feet; thence N. 40 20' 02" W. a distance of 40 .86 feet; thence Northwesterly 364 .77 feet along an arc to the left and having a radius of 150. 00 feet and subtended by a long chord having a bearing of N. 20 00 ' 02 " W. and a length of 281. 31 feet; thence N. 00 19 ' 58" E. a distance of 450 . 00 feet to the Point of Beginning, containing 29 .8689 acres . Also, a part of the Northwest Quarter of Section 6, T. 36 N. , R. 3 E . , Center Township , St. Joseph County, Indiana, being more particularly described as: Commencing at the Northwest corner of said Section; thence S. 89 40 ' 02 " E . along the North line of said Section and the centerline of Kern Road a distance of 1,465 .00 feet; thence S. 00 19' 58" W. a distance of 750 . 00 feet to the Point of Beginning of this description; thence Northeasterly 106.47 feet along an arc to the left and having a radius of 150 . 00 feet and subtended by a long chord having a bearing of N. 69 59 ' 58" E. and length of 104. 24 feet; thence S. 40 20 ' 02" E. a distance of 40 . 86 feet; thence S. 89 49 ' 32" E. a distance of 405 . 76 feet; thence S. 45 00 ' 00" E. a distance of 85 .11 feet; thence S. 00 33 ' 15" W. a distance of 740 . 02 feet; thence N. 89 49 ' 32" W. a distance of 550. 01 feet; thence N. 00 33' 15" E. a distance of 229 . 70 feet; thence Northeasterly 277 . 04 feet along an arc to the left and having a radius of 225. 00 feet and subtended by a long chord having a bearing of N. 12 06 ' 22" E. and length of 259 . 87 feet; thence N. 23 10 ' 02" W. a distance of 188 . 40 feet; thence Northwesterly 82. 05 feet along an arc to the right and having a radius of 200 . 00 feet and subtended by a long chord having a bearing of N. 11 25' 02" W. and a length of 81 .46 feet; thence N. 00 19 ' 58" E . a distance of 58 . 40 feet to the Point of Beginning, containing 9 .8311 acres. Also, a part of the Northwest Quarter of Section 6, T. 36N. , R. 3 E. , Center Township, St. Joseph County, Indiana , being more particularly described as: Commencing at the Northwest corner of said Section; thence S. 89 40 ' 02 " E . along the North line of said Section and the centerline of Kern Road a distance of 1 ,465.00 feet; thence S. 00 19' 58" W. a distance of 450. 00 feet to the Point of Beginning of this description; thence Southerly 471 . 24 feet along an arc to the right and having a radius of 150. 00 feet and subtended by a long chord having a bearing of S . 00 19 ' 58" W. and a length of 300. 00 feet; thence S. 00 19 ' 58" W. a distance of 58 . 40 feet ; thence Southeasterly 82 . 03 feet along an arc to the left and having a radius of 200 . 00 feet and subtended by a long chord having a bearing of S. 11 25 ' 02" E. and a length of 81 . 46 feet; thence S . 23 10 ' 02" E . a distance of 188 . 40 feet; thence Southwesterly 277 .04 feet along an arc to the right and having a radius of 225 .00 feet and subtended by a long chord having a bearing of S. 12 06 ' 22" W. and a length of 259 _R7 feet ! t-henna S. 00 33 ' 15" W. a distance of 229 . 70 feet; thence N. 89 49 ' 32" W. a distance of 993. 81 feet; thence N. 00 00 ' 00 " E . a distance of 936 . 62 feet; thence Northeasterly 315 . 32 feet along an arc to the right and having a radius of 200 . 00 feet and subtended by a long chord having a bearing of N. 45 09 ' 59" E. and a length of 283. 66 feet; thence S. 89 40 ' 02" E. a distance of 298 .57 feet; thence Southeasterly 109 . 08_ feet along an arc to the right and having a radius of 200. 00 feet and subtended by a long chord having a bearing of N. 45 09 '59" E. and a length of 283. 66 feet; thence S. 89 40 ' 02" E. a distance of 298. 57 feet; thence Southeasterly 109. 08 feet along an arc to the right and having a radius of 250. 00 feet and subtended by a long chord having a bearing of S . 77 10 ' 02" E. and a length of 108 . 22 feet; thence S. 64 40 ' 02" E. a distance of 244. 15 feet; thence Northeasterly 170 .17 feet along an arc to the right and having a radius of 150 . 00 feet and subtended by; a long chord having a bearing of N. 57 49 ' 58" E. and a length of 161. 19 feet to the Point of Beginning, containing 26. 0132 acres. Also, a part of the Northwest Quarter of Section 6, T. 36 N. , R. 3 E. , Center Township, St. Joseph County, Indiana, being more particularly described as: Beginning at the Northwest corner of said Section; thence S. 89 40 ' 02" E. along the North line of said Section and the centerline of Kern Road, a distance of 1,465. 00 feet; thence S. 00 19 ' 58" W. a distance of 450 . 00 feet; thence Southwesterly 170 . 17 feet along an arc to the left and having a radius of 150. 00 feet and subtended by a long chord having a bearing of S. 57 49 ' 58" W. and a length of 161 .19 feet; thence N. 64 40 ' 02" W. a distance of 244. 15 feet; thence Northwesterly 109 . 08 feet along an arc to the left and having a radius of 250 . 00 feet and subtended by a long chord having a bearing of N. 77 10 ' 02" W. and a length of 108 . 22 feet; thence N. 89 40 ' 02" W. a distance of 298. 57 feet; thence Southwesterly 315 . 32 feet along an arc to the left and having a radius of 200 . 00 feet and subtended by a long chord having a bearing of S. 45 09 ' 59" W. and a length of 283. 66 feet; thence S. 0 00 ' 00" E. a distance of 936. 62 feet; thence N. 89 49 ' 32" W. a distance of 500 . 00 feet to the West line of said Section; thence N. 0 00 ' 00" E. along said West line and the centerline of Miami Road a distance of 1, 549 .17 feet to the Point of Beginning, containing 27 . 6461 acres . 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 December 21 , 1988 is The Honorable Common Council ‘9P City of South Bend County-City Bldg. - 4th Floor South Bend, In 46601 RE: A proposed ordinance and site development plan of Southfield, Inc., to zone from "A" Residential , "A" Height and Area to "A" Residential "A" Height and Area and "A-1" Residential "A" Height and Area; and also recently annexed property from "A" Residential to "A" Residential and "A- 1" Residential , "A" Height and Area and "B" Residential , "B" Height and Area, property located at the southeast corner of Miami Road and Kern Road, City of South Bend - APC #1218-88 Gentlemen: The above referenced ordinance and site development plan of Southfield, Inc. was legally advertised December 8 and December 10, 1988. The Area Plan Commission gave it a public hearing on December 20, 1988 at which time the following action was taken: Upon a motion by Harold Means, being seconded by Josephine Jaworski, and unanimously carried, the proposed ordinance and site development plan of Southfield, Inc., to zone from "A" Residential , "A" Height and Area to "A" Residential "A" Height and Area and "A-1" Residential "A" Height and Area; and also recently annexed property from "A" Residential to "A" Residential and "A-1" Residential , "A" Height and Area and "B" Residential , "B" Height and Area, property located at the southeast corner of Miami Road and Kern Road, City of South Bend is sent to the Common Council with a favorable recommendation subject to a final site development plan. The Staff would note that the overall net density is similar to what would be permitted if the entire site were developed as single- family homes. PLEASE NOTE that the Ordinance has been amended by the petitioner to include a legal description 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 7 t i. December 21 , 1988 The Honorable Common Council Page Two 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 Commissionls Staff Report. Sincerely, Richard S. Johnson RSJ/sr Attachment CC: Southfield, Inc. Kenneth P. Fedder . ' . 6TAFF'REPORT 5OUTHFIELD ' iAC,--vi2187G8 December 9, 1988 Southeast corner of Miami Road ano Kern Road City of South Bend REQUESTED'oCTlCN' The netitioners are requesting a zone change from "A" Residential and "A" Residential "A" Height and Area to ^A" Residential and "A-1 " Residential , "A" Height and Area and "8" Residential , "8" Height and Area, to allow the costruction of a retirement community involving duplex and multi-fami}v residences. EX}ST|NS L�ND USE� / Trle property is vacant. 6VPp0�!hO!4S LAND USE .AND ZUNiN6: Located to the north across Kern Road are single- -family homes zoned "A" Residential (City) ` to the east Ls 8 single-family home and vacant land zoned "R^ Pesidential (County) ` to the south is vacant lan zoned "R" Residential ; and to the west across Miami Highway are single-fami }v homes zoned "R^ Residential (Countv) . ACC��S� Access to the site is proposed from kern Road and Miami Highway. kS4�NAGE The drainage has not been addressed by the petitioners. DArPI: The total site to be rezoned is 93 acres. Of that , the buildings will occupy 10. 3 acres. or 117. of the site the parking and drives will occupy l3.5 acres or 14. 5% of the site, and 69.6 acres spuare feet or 74.5 of the site will remain as open space. SlTE,PLAN; site plan is nreliminarv. AGENCY-COMMENTS' City Engineer noted that City water and ,.stary seWers are available to the site. ' ' m� -I A . ,",„, ot - -1 ,..,, d. .‘„, „, 1 , i i .'..- . --)...J4i-,•:;.,-4..::-.-„=.-...,-.,::,.-i•.:?:•..;.-,.. ..,,,,..,..:..,.;,..,. t•„:.- •1.-i..,4,0,,,,c,,:,--,..1 ii -.1 as -2. i 1 1 I ■7 4.4 • ci 1 . AVE '*1;,,,.!-A A'"'",--;'1;t1.";:!..'.'.1",'''''e2.• l'''•41.:- ,:OR .S ..•.'='..;;- • z-""°4 4. 1111 j"..6":...., ,--, '-':,-..",'-.-., : ,.. -''Id: -0 '' r , .. , ' ii ,;,.....,,,,,,,:„.•,-1.,1, 11,..,,.,..- ..,-_ ,....,..-..„- .,.;....k.„..,-,,„--,,.. -,.... . 4., .. ,..e...2., ',"....•.", 4.:‘...../vt. _ I L rr f. cl' ,. • � ` ■ .. ' ,- ~` , ' ' ; Vi I) .. '' 7 ' ` � ' ! KEZDNlNG FROM "A" RESIDENTIAL, "A" HEIGHT MD �RE8 . APC #1218-88 � • AND "R" RESIDENTIAL ` ' |. TO: "A" RESIDENTIAL, "A" HEIGHT AND AREA "B« RE3lDEI4lAL^ "B" HEIGHT AND AREA � �@ "A-l" RESIDENTIAL, "A" HEIGHT AND AREA • • -',- - PETITION AREA = � �� ' COUNTY ZONING CITY ZONING ` "R" RESIDENTIAL / I "A" RESIDENTIAL, "A" HEIGHT AND AREA I | ~l F~ NORTH ^ ' `