HomeMy WebLinkAboutZoning - South East corner of the Intersection of bendix and the Indiana Toll RdORDINANCE No. 7346 -84
Passed by the Common Council of the City of South Bend, Indiana
July 9. 19 84
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
July 10 , �9 84
City Clerk
of Common Council
City Clerk
IRENE K. GAMMON
Approved and signed by me 0 10 9�
Sout ast corner of the
Intersection of Bendix
and the Indiana Toll Road
ORDINANCE NO. 7,? 5/
AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68,
AS AMENDED, COMMONLY KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA
(Chapter 21, Municipal Code).
BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana:
Section 1. 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 located in the N 1/2 of Section 27, T 38N, R 2 E
of the Second Principal Meridian, St. Joseph County, Indiana, more
particularly described as follows: Commencing at the NW corner of
said Section 27; thence S 00 "01130" W along the West line of said
Section 27 a distance of 1188.65 feet; thence S 89058130" E a
distance of 40.00 feet to the East right -of -way line of Bendix Drive
and the NW corner of Maple Lane Fours -Phase I, the Point of
Beginning of this description; thence S 89 158130" E along the
North line of Maple Lane Fours - Phase I, Maple Lane Fours -
Phase II - Section Two, and Maple Lane Fours - Phase III - Section
Two, a distance of 1205.32 feet; thence S 00001130" W along the
East line of Maple Lane Fours - Phase III - Section Two a distance
of 245.51 feet to a point on a curve, said curve having a radius
of 146.70 feet and being concave Northwesterly; thence along said
curve an arc length of 137.68 feet; a chord length of 132.68 feet
and a chord bearing of N 63 008120" E; thence S 89 °58130" E a distance
of 175.66 feet to the SW co:_ner of Portage Place Apartments -
Section 7; thence N 00 °01'30" E a distance of 165.00 feet to the
NW corner of said Section 7; thence S 89 °58130" E a distance of
95.00 feet to the West line of Portage Place Apartments - Section 1;
thence N 001101130" E a distance of 164.50 feet to the NW corner
of said Section 1; thence N 89 °58130 W a distance of 242.30 feet
to the SW corner of Portage Place Apartments - Section 3; thence
N00 01'30" E a distance of 280.00 feet to the NW corner of said
Section 3; thence S 89 °58130" E a distance of 112.00 feet; thence
N 00 °01130" E a distance of 400.53 feet to the Southerly right -of-
way line of the Indiana East -West Toll Road and the NW corner of
Portage Place Apartments - Section 4, said Southerly right -of -way
line of the Toll Road being a curve having a radius of 4733.66 feet
and being concave Northerly; thence along said curve and right -
of -way line an arc length of 1199.10 feet, a chord length of 1195.90
feet and a chord bearing of N 78 039109" W to a point being 150
feet Southerly and radial from the Toll Road centerline station
4146 +30, thence S 34.40'03" W a distance of 512.61 feet to the
East right -of -way line of Bendix Drive, said right -of -way line
being 40.00 feet East of the West line of said Section 27; thence
S 00 °01130" W a distance of 637.59 feet to the Point of Beginning.
Containing 31.458 acres, and subject to legal easements and highways
of record.
be and the same is hereby established as "B" Residential, "A"
Height and Area.
Section 2. 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.
1st READING
2 �BUC NEtiRii�G % 9
READING , 9 � y
Not APPRow, y
REFERRED
PASSEp
Zb of the Co on ouncil
NOTE: This petition is to be typewritten or printed in ink on
legal size paper. The completed petition is to be filed
with the City Clerk or County Council (4th floor, County -
City Building).
Date Filed May 9, 1984 Application No.
Date Received by the Area Plan Commission
I (We) the undersigned make application and petition the
(St. Joseph County Council or 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:
Bendix Drive and the Indiana Toll Road.
2) Name of property owner:
Maple Lane Associates
P.O. Box 1331
South Bend, IN 46624
3) It is desired and requested that this property be rezoned
from "B" Residential "A" Height & Area
to "B" Residential "A" Height & Area
4) This rezoning is requested so as to allow the following use(s):
Approximately 48 - 4 plex apartment units situated in a
series of 6 cud -de -sacs. divisions. The property will
have a main road with private drives into the cud -de -sacs.
Each cud -de -sac, will have its own paved parking area.
Green area will take up the balance of the property.
It is expected that Sugar Maple Lane will become dedicated
by the City.
5) 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) a site plan;
and (d) self - addressed, stamped envelopes of all property
owners within 300 feet of the petition property.
Signature of Petitioner(s)
4 0 4 S . C c, / " !' / c3
Address
14ger) r of - hC-e C) WJ7ErS,
In erest in property (i.e. owner,
optioner, attorney, etc.)
Daniel <_/. / aVas
Petition prepared by
Phone Number 2!9 - 234 - 2 02 3
PALM & ASSOCIATES
CONSULTING ENGINEERS AND LAND SURVEYORS
P. O. BOX 194 - U.S. 20 WEST
NEW CARLISLE, INDIANA 46552
ROBERT D. PALM
INDIANA: LS. I.E.
March 5, 1983
TELEPHONE 1219) 654.3450
The following description is based on previously recorded plats and
descriptions and is not a result of a land survey by Palm 9 Associates.
DESCRIPTION: (proposed Maple Lane Fours,- Phase IV)
A parcel of laind located in the N 1/2 of Section 27, T 38 N, R 2 E
of the Second Principal Meridian, St. Joseph County, Indiana, more
particularly described as follows: Commencing at the NW corner of
said Section 27; thence S 00 °01130" W along the Wiest line of said Section
27 a distance of 1188.65 feet; thence S 89 058130" E a distance of 40.00
feet to the East right -of -way line of Bendix Drive and the NW corner
of Maple Lane Fours - Phbise 1, the Point of Beginning;ofithis description;
thence S 89 05813011 E along the North line of Maple Lane Fours - Phase 1,
Maple Lar16 Fours - Phase 11 - Section Two, and Maple Lane Fours -
Phase III - Section Two, a distance of 1205.32 feet; thence S 00 00113011 W
along the East line of Maple Lane Fours - Phase III - Section Two a
distance of 245.51 feet to a point on a curve, said curve having a radius
of 146.70 feet and being concave Northwesterly; thence along said curve
an arc length of 137.68 feet, a chord length of 132.68 feet and a chord
bearing of N 63 00812011 E; thence S 89 05813011 E a distance of 175.66 feet
to the SW corner of Portage Place Apartments - Section 7; thence
N 00 °0113011 E a distance of 165.00 feet to the NW corner of said Section
7; thence S 89 °5813011 E a distance of 95.00 feet to the West line of Portage
Place Apartments - Section 1; thence N 00 101130" E a distance of 164.50
feet to the NW corner of said Section 1; thence N 89 05813011 W a distance
-of 242.30 feet to the SW corner of Portage Place Apartments - Section 3;
thence N00 00113011 E a distance of 280.00 feet to the NW corner of said
Section 3; thence N 89 05813011 E a distance of 112.00 feet; thence
N 00 00113011 E a distance of 400.53 feet to the Southerly right -of -way
line of the Indiana East -West Toll Road and the NW corner of Portage
Place Apartments - Section 4, said Southerly right -of -way line of
the Tolll Road being :a curve having a radios of 4733.66 feet and being
concave Northerly; thence along said curve and right -of -way line an
arc length of 1199.10 feet, a chord length of 1195.90 feet and a chord
bearing of N 78 039109" W to a point being ' 150 feet Southerly and radial
from the Toll Road centerline station 4146 +30; thence S 34 04010311 W a
distance of 512.61 feet to the East right -of -way line of Bendix Drive,
said right -of -way line being 40.00 feet East of the West line of said Section
27; thence S 00 00113011 W a distance of 637.59 feet to the Point of Beginning.
Containing 31.458 acres, and subject to legal easements and highways of record.
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T aminturr 11port
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Your Committee OF THE WHOLE
to whom was referred
53 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY
KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND,
INDIANA (CHAPTER 21, MUNICIPAL CODE) (SOUTHEAST CORNER OF THE
INTERSECTION OF BENDIX AND THE INDIANA TOLL ROAD.)
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 SUBSTITUTION OF A NEW BILL.
Joseph T. Serge
Chairman
FREE PRESS PUBLISHING CO.
9 AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IN
Room 1140 County -City Building
June 20, 1984
The Honorable Common Council
City of South Bend
County -City Bldg. - 4th Floor
South Bend, In 46601
South Bend, Indiana 46601
RICHARD S. JOHNSON
Executive Director
(219) 284 -9571
Re: A proposed ordinance and site development plan of Maple Lane Associates
to zone from "B" Residential, "A" Height and Area to "B" Residential, "A"
Height and Area, property located at the southeast corner of Bendix Drive
and the Indiana Toll Road, City of South Bend
Gentlemen:
The attached rezoning petition of Maple Lane Associates was legally advertised
June 8, and June 9, 1984. The Area Plan Commission gave it a public hearing
on June 19, at which time the following action was taken:
Upon a motion by John Leszczynski, seconded by Chuck
Sausman and unanimously carried, the proposed
ordinance and site development plan of Maple Lane
Associates to zone from "B" Residential, "A" Height
and Area to "B" Residential, "A" Height and Area,
property located at the southeast corner of Bendix
Drive and the Indiana Toll Road, City of South Bend is
sent to the Common Council with a favorable
recommendation subject to a Final Site Plan and the
connection of Sugar Maple Lane to Portage Way, with an
Improved, dedicated right -of -way. The connection of
Sugar Maple Lane to Portage Way is required because
the streets as shown in the preliminary site plan
don't meet city standards and the connection is needed
to allow proper and efficient access for emergency
vehicles as noted in the comments from the City
Engineer and the City of South Bend Fire Chief.
PLEASE NOTE that the attached 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. The original of the amended Ordinance is
attached to this letter.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
The Honorable Common Council
Page Two
June 20, 1984
The above recommendation is made subject to a final site plan.
Further, the parcel subject to this rezoning is pending before the Area Plan
Commission for subdivision approval. The Area Plan Commission has exclusive
jurisdiction over subdivisions. The Area Plan Commission through the
subdivision approval procedure will require that Sugar Maple Lane be connected
to Portage Way even if the rezoning does not require such a connection to be
made.
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 Commissionts Staff Report.
Sincerely,
Richard S. 1ohnson
Executive Director
RSJ /sr
Attachment
CC: Daniel C. Kovas
Maple Lane Associates
MAPLE LANE ASSOCIATES #891 -84 June 8, 1984
Bendix Drive and Indiana Toll Road, South Bend
REQUESTED ACTION: The petitioner is requesting a zone change from
"B" Residential, "A" Height and Area to "B"
Residential, "A" Height and Area to allow for
"approximately 48 - 4 plex apartment units ".
EXISTING LAND USE: The property is vacant.
SURROUNDING LAND USE AND ZONING: Located to the north is the Indiana
East -West Toll Road, to the east is the
Portage Place Apartment complex zoned "B"
Residential, to the south are the first
phases of the Maple Lane Fours complex zoned
"B" Residential, and to the west is a
single - family home on large acreage zoned
"D" Light Industrial.
ACCESS: Access to the site Is from Bendix Drive.
DRAINAGE: Drainage has not been addressed by the
petitioner.
DATA: The total site to be rezoned is 31.46 acres.
Of that, the buildings will occupy 126,480
square feet or 9.2% of the site, the parking
and drives will occupy 259,342 square feet
or 18.9% of the site, and 984,488 square feet
or 71.8% of the site would be open space.
The site plan is preliminary.
AGENCY COMMENTS: The City Engineer states that the site plan
does not show any drainage, that a radius of
116.7 feet on proposed Sugar Maple Lane does
not meet the Ordinance, that there is no
tangent between curves on proposed Sugar
Maple Lane, and that the original
discussions on the project showed connection
to Portage Way Road. The City Engineer
states that this concept be adhered to.
STAFF COMMENTS: The Staff would note that this property is
being rezoned due to the Area Plan
Commission's action of July 19, 1983. In
approving the Final Site Plan for Phase IV
of the project as a minor change from the
original concept, the Commission included
the requirement that the area covered by this
petition would not be approved as a minor
change, and therefore would have to go
through the rezoning procedure.
In addition, the site plan shows no
connection between Sugar Maple Lane and
Portage Way. In a letter dated September
19, 1978 to John Phair of the Holladay
Corporation from then City Engineer, Patrick
McMahon, the city indicated that Sugar Maple
Lane will extend from Bendix Drive to
Portage Way Drive.
REZONING FROM: "B" RESIDENTIAL, "A" HEIGHT & AREA
TO: "B" RESIDENTIAL, "A" HEIGHT & AREA
PETITION AREA NORTH
"A" RESIDENTIAL C
"B" RESIDENTIAL r
"C" COMMERCIAL
"D" LIGHT INDUSTRIAL C
"E" HEAVY INDUSTRIAL' �