HomeMy WebLinkAboutZoning - Property located at the Intersection of Portage & Cleveland Rds . _ ;
ORDINANCE No. 7848-88
Passed by the Common Council of the City of South Bend, Indiana
January 25, iq 88
Attest: � ��"" � '��/
City Clerk
IRENE K. GAMMON
Attest: 4IP •� �i
_�► -�- -� President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 26, 19 88
City Clerk
IRENE K. GAMMON
Approved and signed by me �47 1 19!3
Mayor
r
• ORDINANCE NO. V24/Y
AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT THE
INTERSECTION OF PORTAGE AND CLEVELAND
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:
PARCEL I:
A parcel of land on the East Half (E 1/2) of the Southwest
Quarter (SW 1/4) Section 22 and the East Half (E 1/2) of the
Northwest Quarter (NW 1/4) of Section 27, all being in
Township 38 North, Range 2 East, German Township, St. Joseph
County, Indiana; more particularly described as follows:
Commencing at the center of said Section 22, thence Southerly
along the East line of the Southwest Quarter (SW 1/4) of said
Section 22 a distance of 1140 feet to the Point of beginning
of this description; 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 80
feet; thence along a course having a deflection angle of 90°
00' to the right from the preceeding described course 54.09
feet; thence northerly along a course parallel with the East
line of the Southwest Quarter (SW 1/4) of said Section 22 a
distance of 99.71 feet; thence Westerly along a course
parallel with the North line of the Southwest Quarter (SW
1/4) of said Section 22 a distance of 260 feet; thence
Northwesterly along a course parallel with the centerline of
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 Northwesterly along the centerline of
said Portage Road to the West line of the East Half (E 1/2)
of the Southwest Quarter (SW 1/4) of said Section 22; thence
South along said West line to the Southwest corner of the
East Half (E 1/2) of the Southwest Quarter (SW 1/4) of said
Section 22 said point also being the Northwest corner of the
East Half (E 1/2) of the Northwest Quarter (NW 1/4) of
2
Section 27, Township 38 North, Range 2 East; thence Southerly
along the West line of the East Half (E 1/2) of the Northwest
Quarter (NW 1/4) of said Section 27 to a point on a curve on
the South right of way line of the Indiana East—West Toll
Road; thence Easterly along said South right of way line
along a curve to the left and having a radius of 4,733.66
feet and subtended by a central angle of 04° 44' 35" to a
point of tangency; thence continuing Easterly along said
south right of way to the East line of the Northwest Quarter
(NW 1/2) of said Section 27; thence Northerly along said East
line to the Northeast corner of the Northwest Quarter (NW
1/4) of said Section 27 said point also being the Southeast
corner of the Southwest Quarter (SW 1/4) of Section 22,
Township 38 North, Range 2 East; thence Westerly 99.00 feet
along the South line of the Southwest Quarter (SW 1/4) of
said Section 22; thence Northerly parallel with the East line
of the Southwest Quarter (SW 1/4) Section 22, Township 38
North, Range 2 East, a distance of 214.52 feet; thence
Easterly along a course parallel with the south line of the
Southwest Quarter (SW 1/4) of said Section 22 a distance of
99.00 feet to the East line of the Southwest Quarter (SW 1/4)
of said Section 22; thence Northerly along the East line of
the Southwest Quarter (SW 1/4) of said Section 22 to the
Point of Beginning, containing 56 acres more or less. Said
parcel being subject to legal highways and easements of
record.
be and the same is hereby established as "C" Commercial, "A" Height
and Area.
SECTION II. 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 II
A parcel of land in the Southwest Quarter (SW 1/4) of Section
22, Township 38 North, Range 2 East, German Township, St.
Joseph County, Indiana, and more particularly described as
follows:
Beginning at the center of said Section 22; thence Southerly
along the East line of the Southwest Quarter (SW 1/4) of said
Section 22 a distance of 1,140 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 80 feet; thence along a course having a
deflection angle of 90° 00' to the right from the preceeding
described course a distance of 54.09 feet; thence Northerly
along a course parallel with the East line of the Southwest
Quarter (SW 1/4) of said Section 22 a distance of 99.71 feet;
thence Westerly along a course parallel with the North line
parallel with the centerline of public road, now known as "Portage
Road" a distance of 458 feet; thence along a course having a
deflection angle of 90° oo' to the left from the preceeding
described course a distance of 270 feet, more or less, to the
centerline of said Portage Road; thence Northwesterly along the
Centerline of said Portage Road to the West line of the East Half (E
1/2) of the Southwest Quarter (SW 1/4) of Section 22, Township 38
North, Range 2 East; thence Northerly along the West line of said East
Half (E 1/2) of said Southwest Quarter (SW 1/4) of said Section 22 to
the North line of the Southwest Quarter (SW 1/4) of said Section 22,
Township 38 North, Range 2 East; thence Easterly along the North line
of said Quarter Section to the Point of Beginning, containing 34
acres, more or less. Said parcel being subject to legal highways and
easements of record.
be and the same is hereby established as "B" Residential, "A" Height and
Area.
SECTION III. This ordinance shall be subject to the terms and conditions
contained in a letter dated January 20, 1988, regarding a final site
development plan, marked "Exhibit A" which is attached hereto and included
herein; and it shall be subject to the requirement that the petitioner
include in the deed of conveyance restrictive covenents regarding
protective screening.
SECTION IV. 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.
Me-.er o the Common Council
ft,ummittrt Enroll
On the Qinmmnn Tamil of tip Mull of Onntil fiend:
Your Committee.
of the Whole
to whom was referred •
BILL NO.
110-87 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
THE INTERSECTION OF PORTAGE AND CLEVELAND ROADS, 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 adding new section three.
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Chairman
Thomas Zakrzewski
/PEI PBIS$ m r u PUBLISHING CO. •
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PARKER &, A.ICONIO
AHornrts
First Rank Building Robert M. Parker
20S W.Jt tk nrnt. Ronald J.Jaicomo
South IScnd.Indiana•46601 r Thomas J. Brunner.Jr
(219)234-4149 Timothy J.Hartzer
• Richard L.Hill
Mary Ann Boulac
EXHIBIT A Candice A.Lichtenfels
Richard W.Snyder
Of Counsel
January 20, 1988
Mr. Richard Johnson
Executive Director
Area Plan Commission
11th Floor - HAND DELIVERED
County-City Building
South Bend, IN 46601
RE: Hurwich Project APC #1143-87
Dear Mr. Johnson:
Pursuant to your request, this letter is submitted on behalf of
the owners of the property subject to rezoning at Portage and
Cleveland roads as evidence of our commitment to develop the
property, upon approval of the rezoning by the Common Council,
subject to submission and approval of a final site development plan
as provided in Section 21-120 of the South Bend Municipal Code.
We appreciate your assistance in this matter. Please let us know
if you need additional information prior to the public hearing on
January 25, 1988.
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Best regards,
PARKER & JAICOMO
1100111166'
Timothy J. .:rtzef.
TJH/nmg •
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-.a. S---84-
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James A. 1;r-v
• COOK•
ASSOCIATES
Suite 210 Commerce Center,401 E.Colfax
South Bend, Indiana 46617
219-232-8228
January 18, 1988
Mr. John Voorde •
506 N. Lafayette, Apt. 2 •
South Bend, Indiana 46601
RE: Hurwich Farms
Rezoning Petition
Dear Mr. Voorde:
It now appears that we will be bringing our rezoning petition on the Hurwich
property before the Common Council on January 25th. At this point, I
believe I have met individually with each one of you to discuss in detail
the merits of the project. South Bend is in a unique position to build upon
the efforts of our Industrial Foundation and Project Future in the continued
development of the northwest part of the community along the Cleveland
corridor. The city has already expended the dollars for road improvements,
sewer and water, and fire protection. The Cleveland corridor and this site
represents a logical growth of the city's boundaries and the need to
increase our tax base for future growth.
Aside from the tax revenue issue, this project represents a substantial
employment and wage scenario both during and after construction. South Bend
has lost a significant amount of multi-family development to Mishawaka and
the northeast area over the last ten years (see Exhibit D - Footnote 3).
The demand for such development has been created by the employment growth of
the area, the interstate connective road system and the availability of
services. We cannot afford to let those assets go undeveloped as they
create the basis for good, planned growth.
The property in question has been in the Hurwich family for 45 years. A
family, I might add, that has been an employer to the City of South Bend
residents for as many years. They are concerned that their property be
developed in a manner that will make the family 'name proud. As their
representative, as a life long citizen, and as a person who intends to stay
Residential Brokerage•Commercial/Investment Real Estate •Property Management •Development ML.S
Mr. John Voorde
January 18, 1988
Page Two
in business in the area, James A. Cook and the Hurwich family cannot settle
for anything less than a quality development. An outside developer would be
hard pressed to exhibit the same commitment to the community as myself and
the family.
We have met personally with representatives of the remonstrance group and
have addressed all of their concerns and questions regarding the project.
We will do this again at the public hearing. While the petition for
rezoning does not require the submission •of a final site plan, we have
committed to the remonstrance group that we will, in fact, submit final site
plans to the Area Plan Commission and will review those site plans with
representatives of the remonstrance group. It is our intention to be fair
to all those concerned with the development of the site and what it
represents in regards to continued growth for our community.
The project is supported ,by Mayor Joe Kernan and his Department of
Economic Development. It is a logical move for our community and a promise
for continued growth. As a person who sits on the boards of South Bend
Heritage Foundation and Center City Associates, I am pleased about the
prospects of our downtown and the inner-city neighborhoods. As an
appointed member of the Studebaker Corridor Technical Advisory Committee, I
am concerned about continuing our redevelopment of that very difficult area.
At the same time, the Cleveland corridor is our shining star of new growth
and we must keep the momentum going.
I thank you in advance for your support and stand ready to address any
further questions you may have before the meeting.
Very truly yours,
James A. Cook
JAC/lp
Enc.
CC: Honorable Joe Kernan, Mayor
Jon Hunt, Director, Department of Economic Development
Howard Bessire, Industrial Foundation
Tim Hartzer, Attorney
Mr. and Mrs. Jack Hurwich
Mrs. Betty Zoss
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EXHIBIT A
CONSTRUCTION/LABOR VALUE
Multi—Family Development Costs:
570,000 + SF @ $40.00 PSF = $22,800,000
Retail/Office/Service Development Costs:
310,600 + SF @ $50.00,PSF = 15,530,000
Projected Cost of Improvements: $38,330,000
Value of Land After Development:
44 + Acres @ $35,000 Acre $ 1,540,000
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40 + Acres @ $70,000 Acre $ 2,800,000
Total Value of Project at Completion: $42,670,000
Labor Value (Wages) of Improvements: $143757,050
(1) ($38,330,000 X 38.5%)
FOOTNOTES:
(1) Based upon local contractor estimates, project development
over 3.5 years equates to approximately 169 construction
related jobs annually.
EXHIBIT B
REAL ESTATE TAX DATA
Hypothetical Assessed Valuation:
IMPROVEMENTS: •
Multi-Family
(1) 570,000 SF @ $1.45 PSF = $ 825,920
RETAIL/SERVICE:
(2) 210,600 SF @ $5.17 PSF = $1,088,802
(3) 100,000 SF @ $2.69 PSF = 269,000
TOTAL ASSESSED VALUE IMPROVEMENTS: $2,183,722
LAND:
1,742,400 SF @ $.30 PSF = $ 522,720
1,916,640 SF @ $.15 PSF = 287,496
TOTAL ASSESSED VALUE LAND: $ 810,216
TOTAL LAND & IMPROVEMENTS: $2,993,938
@ $15.00 + per 100 = Potential Tax Revenue: 449,090
FOOTNOTES:
(1) Improvement value based upon Runaway Bay assessment.
(2) Improvement value based upon University Commons.
(3) Improvement value based upon Williams Home Center.
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EXHIBIT C
EMPLOYMENT AFTER DEVELOPMENT
MULTI-FAMILY
1 Management @ $35,000
2 Asst. Managers @ $16,000/$32,000
1 Maintenance Super @ $20,000
3 Full Time Maintenance @ $13,000/$39,000
3 Part Time @ $ 7,500/$22,500 $148,500
Outside Service Related Contracts: 100,000
(Labor value only - # of jobs undefinable)
Total Annual Labor Value: $248,500
OFFICE
10,000 SF @ 3 employees per 1,000 SF
30 Jobs @ $5.25 per.hour
Total Annual Labor Value: $327,600
RETAIL/SERVICE
300,000 SF @ 1 full/part-time
employee per 1,000 SF
20 Managers @ $20,000 per year
200 Clerk/Sales @ $5.00 per hour
75 part time @ $4.00 per hour
(20 hours per week)
Total Annual Labor Value: $2,892,000
Outside Service Related Contracts: $ 200,000
Total Annual Labor Value: $3,092,000
RE-CAP
# Jobs Payroll Value
Multi-Family 10 $ 248,500
Office 30 327,600
Retail/Service 300 3,092,000
Totals: 340 $ 3,6668,1O000
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EXHIBIT D
EFFECT OF GRAPE ROAD CORRIDOR DEVELOPMENT
ON SINGLE FAMILY HOUSING STARTS
(1) 1968-1975
NORTHEAST AREA GERMAN TWP.
Single Family Permits 413 196
MALL ANNOUNCEMENT JANUARY, 1976
(2) 1976-1986
Single Family Permits 1,038 51
(3) INCREASE (DECREASE): 316% (74%)
FOOTNOTES:
1. All data taken from computer print-outs supplied by St. Joseph
County Building Department, Area Plan Commission, South Bend,
and Mishawaka Building Departments.
2. Excludes recessionary periods of 1980-1982 when all housing
starts came to near stand-still.
EXHIBIT E
EFFECT OF GRAPE ROAD DEVELOPMENT
ON MULTI—FAMILY STARTS
1975 thru 1987
Mishawaka/Northeast 2,403
South Bend/Northwest 1,118
Differential (54%) 1,285
What does 1,285 Multi—Family -Units mean to a community:
ASSESSED VALUATION/TAXES
1,285 X 650 SF Avg. Size = 835,250 Total SF
835,250 SF @ $1.45 PSF Assessed Value =$1,211,112
$1.2 Million Assessed Value @ $15.00 + Tax Rate = $182,000 +
CONSTRUCTION/WAGES
835,250 SF @ $40 PSF = $33,410,000 Cost
$33,410,000 X 38% Labor = $12,695,800 Wages
(1) POPULATION
1,285 Units @ $2.49 per NN = 3,200 Citizens
(1) INCOME
1,285 Households @ $23,447 = $30,167,945
FOOTNOTE:
(1) Source of report from Urban Decision Systems for geographic
area of subject property.
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
November 18, 1987 e.!..4 H d -'F
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 "C" Commercial, "A" Height and Area and "B"
Residential, "A" Height and Area, recently annexed property located at the
intersection of Portage and Cleveland Roads, City of South Bend - APC
#1143-87
Gentlemen:
The above referenced ordinance initiated by the Area Plan Commission was
legally advertised November 6 and November 7, 1987. The Area Plan Commission
gave it a public hearing on November 17, 1987, at which time the following
action was taken:
Upon a motion by Theodessa Earles, being seconded by
Harold Means and carried, with Chuck Sausman
abstaining, the proposed ordinance initiated by the
Area Plan Commission to zone from "A" Residential to
"C" Commercial, "A" Height and Area and "B"
Residential, "A"Height and Area, recently annexed
property located at the intersection of Portage and
Cleveland Roads, City of South Bend is sent to the
Common Council with no 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,
.1.----- ---‹ i
Richard S. Johnson
RSJ/sr
Attachment
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
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3TAFF-REPORT
1.NiTI.ATED-R? 'TH[-AKEA-PLAN-CDMM{SSl0h--#111(J:57 November 6. 1987
Intersection of Portaqe and Cleveland Road*
City of South Bend
c�0UES!ED-�C|{UW� The ourpose of this petition is to rezone land
recently annexed by the City of South Bend from
"A" Residential to "B" Residential , "A"' Height and
Area and "C" Commercial . "A" Height and Area.
EXISTlNG-iAND'US[: The property contains single-family homes and
accessory buildznqs.
LUkRUUNDlNG LA#D USE AND ZONING; Located to the north and east are single—family
homes zoned "R" Residential ; to the south across
the Toll Road are Portage Place Apartments zoned
"B" Residential and vacant land zoned "C"
Commercial : to the west is a church and single-
family homes zoned "R" Residential .
DAT : The total site to be rezoned is approximately 90
acres. The area proposed to be zoned "B"
Residential is approximately 34 acres and the area
proposed to be zoned "C" Commercial is
approximately 56 acres.
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REZONING FROM: "R" RESIDENTIAL
(COUNTY) APC #1143-87
T0: PARCEL l - '/C" COMME�CIAL, "A" HEIGHT & AREA (CITY)
PARCEL II - ''B" RESIDENTIAL, "A" HEIGHT & AREA (CITY)
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PETITION AREA ��rp=�''="~-�'
CITY ZONING COUNTY ZONING
"A" RESIDENTIAL IR" RESIDENTIAL
"'IBC: ICgIVIEE)121'CITIIAL -
NORTH
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parallel with the centerline of 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
Northwesterly along the Centerline of said Portage Road to
the West line of the East Half (E 1/2) of the Southwest
Quarter (SW 1/4) of Section 22, Township 38 North, Range 2
East; thence Northerly along the West line of said East Half
(E 1/2) of said Southwest Quarter (SW 1/4) of said Section 22
to the North line of the Southwest Quarter (SW 1/4) of said
Section 22, Township 38 North, Range 2 East; thence Easterly
along the North line of said Quarter Section to the Point of
Beginning, containing 34 acres, more or less. Said parcel
being subject to legal highways and easements of record.
be and the same is hereby established as "B" Residential, "A" Height
and Area.
SECTION III. 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.
Member o the Common Council