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HomeMy WebLinkAboutZoning - Proeprty loacted North Side of Brick Rd approximately 2,100 feet east of the US 31 Bypass ORDINANCE No. 7931-88 Passed by the Common Council of the City of South Bend, Indiana November 14 19 88 Attest: Ci it y Clerk IRENE K. GAMMON Attest: _ . _ _ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ November 15, �9 88 City Clerk IRENE K. GAMMON Approved and signed by me �9 gg Mayor ORDINANCE NO. 1 t31-'$' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF BRICK ROAD, APPROXIMATELY 2,100 FEET EAST OF THE U.S. 31 BY-PASS 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 Southwest Quarter of Section 17, Township 38 North, Range 2 East in German Township, St. Joseph County, Indiana, and being more particularly described as follows; VIZ Commencing at the. Southwest corner of said Section 17, thence North 0°- 04'-03" East (all bearings in this description are based on the East line of the Southwest Quarter of said Section 17, said line having an assumed bearing of North 0°-00'-00" East) along the West line of said Southwest Quarter a distance of 200.00 feet to the point of beginning; thence continuing North 0°- 04'-03" East along said West line a distance of 2468.50 feet to the Northwest corner of said Southwest Quarter; thence south 89°-31'-43" East along the North line of said Southwest Quarter a distance of 1303.80 feet to the Northeast corner of the West half of said Southwest Quarter; thence south 0°-03'-49" West along the East line of the West half of said Southwest Quarter a distance of 2465.70 feet to a point which is North 0°-03'-49" East a distance of 200.00 feet from the Southeast corner of the West half of said Southwest Quarter; thence North 89°-39'-06" West, parallel with the South line of said Southwest Quarter, a distance of 400.00 feet; thence South 0°-03'-49" West, parallel with the East line of the West half of said Southwest Quarter, a distance of 200.00 feet to the South line of said Southwest Quarter; thence North 89°-39'-06" West along said South line a distance of 375.75 feet; thence North 0°-22'-38" East a distance of 205.00 feet; thence North 89°-39'-06" West, parallel with said South line, a distance of 138.00 feet; thence South 0°-22'-38" West a distance of 205.00 feet to said South line; thence North 89°-39'-06" West along said South line a distance of 60.00 feet; thence North 0°-22'-38" East a distance of 200.00 feet; thence North 89°-39'-06" West, parallel with said South line, a distance of 330.00 feet by deed (331.30 feet measured distance) to the point of beginning, containing 75.844 acres, more or less. be and the same is hereby established as "D" Light Industrial Use District and an "A" Height and Area District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the mayor, legal publication, and November 8, 1988,the effective date of annexation of the parcel of land into the City of South Bend, Indiana. �"1 _� 1 Date Filed Application No. Date received by the Area Plan Commission We the undersigned make application and petition the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as';;berey requested. 1) The property sought to be rezoned is located at : The north side of Brick Road, approximately 2,100 feet east of the U.S. 31 By-Pass. 2) Name and address of property owner(s) of the petition site: Carmelo F. & Donald J. Ritschard 1204 W. Sample Street South Bend, IN 219-288-4777 • 3) Name and address of contingent purchaser(s) , if applicable: N/A 4) It is desired and requested that this property be rezoned from "R" Residential to "D" Light Industrial, "A" Height and Area 5) This rezoning is requested to allow the following use(s): To allow Industrial uses permitted within the "D" Light Industrial District zoning classification 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 y` c November 14, 1988 COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA County-City Building South Bend, Indiana 46601 In re: Bill to Zone as D Light Industrial Use District And an A Height and Area District Land Located on The North Side of Brick Road Approximately 2100 Feet East of the U. S . 31 By-pass, South Bend, Indiana Gentlemen: With respect to the petition to zone the 75 . 844 acres, more or less, of re Al estate involved in the captioned Bill d. No. 6 r , the undersigned Carmelo F. Ritschard and Donald J. Ritschard, owners of such real estate, voluntarily agree that if such zoning is approved by the Common Council of South Bend, Indiana, they will : a . Plant trees, such as pine trees, blue spruce trees, or similar trees, on the land owned by the Ritschards, which is adjacent to the continguous existing residentially zoned real estate located on the north side of Brick Road, in order to provide a screening . b. Establish a building setback line of 100 feet over that part of the Ritschard land along the adjacent land of the existing residentially zoned realty located on the north side of Brick Road which is contiguous to the Ritschard land. Yours truly, Carmelo F. Ritschard and Donald J. Ritschard ,f-- 2 By: - ',4 ; ,5 ;•, i > . 1 e '" • . armelo F. Rits� ard M7LU I U 177"' AIRPORT -4 ST. .JOSEPH. COUNTY AIRPORT AUTHORITY 4477 TERMINAL DRIVE • SOUTH BEND, INDIANA 46628 -5594 • PHONE (219) 233 -2185 November 3, 1988 WWOJ Nth b'32ib 886[ to A ON Mr. Richard Johnson, Director Area Plan Commission of St. Joseph County , Room 1410 County - City Building South Bend, Indiana 46601 Dear Mr. Johnson: It has recently come to my attention - that'�oluntary annexation proceedings are underway concerning a parcel of land on the north side of Brick Road and adjacent to the Brick Road /U.S. 31 Interchange. It is my understanding that this annexation proceedure is the subject of Area Plan Commission Project 1208 and that the land will be zoned industrial once this process has been successfully completed. This zoning would be absolutely consistent with previous action taken in this area and is certainly consistent with the future plans of the St. Joseph County Airport Authority. Presently the North /South runway at the airport is being extended to a usable length of 6,000 feet. This will allow the large air carrier aircrafts to use this runway during adverse wind conditions. Previous actions by the Area Plan Commission, the City of South Bend, and the St. Joseph County Council have provided the public protection from any adverse conditions created by this potential usage of the airport. It has further protected the value of a very important public resource,. the Michiana Regional Airport. Without the proper protection, the approaches to the Mic'1;_. a _-. .,�.n.-- Re-Re-vn-a-�ki'rport--could-- beeOFn®^ # le.Le curfews have been imposed, runways have been redesignatg €or use by general aviation aircraft only, or in the worst case,,, irlines have left airports due to locally imposed noise restrions and constraints. We do not want this to happen in the St. s`eph tea= • -, County area. Neither does the airport want to be a bad ___ - continued - JOHN O. HILDEBRAND, JR., M.D. JOHN J. FRICK LLOYD S. TAYLOR JAMES K. HUGHES JOHN C. SCHALLIOL, A.A.E. President Vice President Secretary Treasurer Airport Director Mr. Richard Johnson Page Two November 2, 1988 Therefore, it is advantageous for all concerned tq "place proper zoning protection on all land adjacent to not only the Michiana Regional Airport but to any other airport in the state of Indiana. Project 1208 would adequately protect the future developers of i_his parcel and it would adequately protect the public's interest in the Michiana Regional Airport. Therefore, on behalf of the St. Joseph County Airport Authority Board, I woul6 urge the Area Plan Commission to proceed with both the annexation and the imposition of industrial zoning on this property. If you have any questions or comments, please do not hesitate to contact this office. Sincerely yours, 9 PAREA PLAN COMMISSION RICHARD S. JOHNSON ST. JOSEPH COUNTY, IN Executive Director Room 1140 County -City Building South Bend, Indiana 46601 (219) 284 -9571 October 19, 1988 - M 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 recently annexed property from "A" Residential to "D" Light Industrial, "A" Height and Area, property located on the north side of Brick Road, approximately 2,100 feet east of the U.S. 31 By -Pass, City of South Bend - APC #1208 -88 Gentlemen: The above referenced ordinance initiated by the Area Plan Commission was legally advertised October 6 and October 8, 1988. The Area Plan Commission gave it a public hearing on October 18, 1988 at which time the following action was taken: Upon a motion by Joseph Serge, being seconded by John .,DeLee, and carried, the proposed ordinance initiated by the Area Plan Commission to zone recently annexed property.from "A" Residential to "D" Light Industrial, "A" Height and Area, property located on the north side of Brick Road, approximately 2,100 feet east of the U.S. 31 By -Pass, 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 S. Johnson RSJ /sr Attachment CC: Carmelo F. and Donald J. Ritschard Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN s STAFF- REPORT INITIATED BY AREA PLAN COMMISSION #,1208-88 Octobec 7 IBS Aiorth side o #` $rst�t east of the U.S. 31 By -Pass City of South Bend REQUESTED- ACTION: The purpose of this petition is to rezone recently annexed land from "A" Residential to "D" Light Industrial, "A" Height and Area to allow the property to. be.developed for industrial purposes. EXISTN6_1�AID The.;proper ty i5 turrentl,y Yacant� 511RRQi1ND IN &_! AN1r,E AND t ©NINE. Located to the: nrrrth vs "vacant land - located i n thy. County zoned sR" Residential ;;ta the.:east is, vacant ,land and, singie -faily dwellings also located in the County, zoned "R" Res idential ;'to the ;south are single-family dwellings located in the County zoned "R" Residential and vacant land located in the City zoned, "D" Light Industrial; and to the west is vacant land located in the`City zoned "D" Light industrial. ACCESS: Access to the site is proposed to be from Brick Road. DATA: The total site to be rezoned is approximately 76 acres. SITE _PLAN: A site plan is not required for rezonings initiated by the Area Plan Commission. AGENCY _COMMENTS The City Engineer made the following Y 9 g comments: (1) City water and sanitary sewers are available. (2) Storm water must be retained on site. { c 1 STAFF- REPORT INITIATED BY AREA PLAN COMMISSION #,1208-88 Octobec 7 IBS Aiorth side o #` $rst�t east of the U.S. 31 By -Pass City of South Bend REQUESTED- ACTION: The purpose of this petition is to rezone recently annexed land from "A" Residential to "D" Light Industrial, "A" Height and Area to allow the property to. be.developed for industrial purposes. EXISTN6_1�AID The.;proper ty i5 turrentl,y Yacant� 511RRQi1ND IN &_! AN1r,E AND t ©NINE. Located to the: nrrrth vs "vacant land - located i n thy. County zoned sR" Residential ;;ta the.:east is, vacant ,land and, singie -faily dwellings also located in the County, zoned "R" Res idential ;'to the ;south are single-family dwellings located in the County zoned "R" Residential and vacant land located in the City zoned, "D" Light Industrial; and to the west is vacant land located in the`City zoned "D" Light industrial. ACCESS: Access to the site is proposed to be from Brick Road. DATA: The total site to be rezoned is approximately 76 acres. SITE _PLAN: A site plan is not required for rezonings initiated by the Area Plan Commission. AGENCY _COMMENTS The City Engineer made the following Y 9 g comments: (1) City water and sanitary sewers are available. (2) Storm water must be retained on site. { c 1 0- U a -77' 1-,_ I 1 i EA-)T ;� /!TEST i i TOLL I, fl REZONING FROM: "A" RESIDENUAL APC. #1208- TO: "D" LIGHT INDUSTRIAL, "A" HEIGHT AND AREA PETITION AREA COUNTY ZONING�a "R" RESIDENTIAL - "D LIGHT INDUSTRIAL --3 NORTH t10mmiurr Irpart (go toe Tommou Tounrd of tot (Inn of omd4 jorud: Your Committee Of the Whole to whom was referred BILL NO. 62 -88 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF BRICK ROAD, APPROXIMATELY 2,100 FEET EAST OF THE U.S. 31 BY— PASS. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, Ck� Thomas Zakrzewski FREE PRESS OklF..23POP PUBLISHING CO. Chairman