HomeMy WebLinkAboutZoning - Edison Road on either side of South Bend Ave (State Road 23)ORDINANCE No.
7310 -84
Passed by the Common Council of the City of South Bend, Indiana
March 261 U) 84
IRENE K. GAMMON
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
Cit y Clerk
ident of Common Council
March 27, 1984
IRENE K. GAMMON
Approved and signed by me ��� ��i I �S
r9
FA
City Clerk
Property Iocated north of
Edison,Road on either side
of South Bend Avenue (State
Road N23) and containing 31
acres, more or less.
ORDINANCE NO. 730
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:
Two tracts of land in the southwest Quarter (1/4) of the southeast
Quarter (1/4) of Section 31, Township 38 North, Range 3 East, de-
scribed as follows:
Starting at a point in the centerline of Edison Road 432.30
feet east of the southwest corner of the southeast Quarter
(1/4) of Section 31, Township 38 North, Range 3 East; thence
running north parallel with the west line of said southeast
Quarter (1/4) a distance of 228.71 feet more or less to the
point of beginning; thence running east a distance of 208.71
feet to a point; thence running north along a line parallel
with the west line of said southwest Quarter a distance of
172.00 feet more or less; thence due west a distance of
43.15 feet more or less; thence due north a distance of
300.00 feet more or less to an east-west property line of
the "Turtle Creek Complex "; thence west along said east -
west property line a distance of 165.56 feet more or less;
thence due south along a line parallel with and 432.30 feet
east of the west line of said southeast Quarter (1/4), a
distance of 472.00 feet more or less to the point of
beginning. Containing approximately 2.00 acres all in
South Bend, Clay Township, St. Joseph County, Indiana.
Beginning at the southwest corner of Lot 6 in "Vacval and
Davidson" Addition in South Bend, Clay Township, Section
31, Township 38 North, Range 3 East, St. Joseph County,
Indiana; thence due south 60 feet to a point in the center-
line of Edison Road; thence due east along the centerline
of Edison Road a distance of 1201.54 feet more or less;
thence due north a distance of 40 feet to a point 20 feet
due east of the southeast corner of Lot 1 (one) in "Busby's
1st Addition" unrecorded; thence due north a distance of
212 feet more or less to a point 20 feet due east of the
northeast corner of said Lot 1 (one) in "Busby's Ist
Addition" unrecorded; thence due west a distance of 20 feet
to the northeast corner of said Lot 1 (one); thence due
west along the north property line of Lots I (one) and 2
(two) in said "Busby's 1st Addition" a distance of 242.50
feet more or less to the northwest corner of Lot 2 (two)
in said "Busby's ist Addition ", said northwest corner
being also in the east right-of -way line of Rosemary Lane;
thence north along the east right -of -way line of Rosemary
Lane to a point 60 feet due east of the southeast corner of
Lot 1 (one) in Pensinger's Subdivision; thence due west
60 feet to the southeast corner of said Lot 1 (one);
thence due north along the east property line of said Lot I.
(one) to the northeast corner of said Lot 1 (one) a distance
of 191.00 feet more or less; thence due north to the southeast
corner of Lot 23 in Pensinger's Subdivision; thence due north
along the east property line of said Lot 23 a distance of
230.00 feet more or less to the northeast corner of said
Lot 23; thence due west along the north property line of
Lots 20, 21, 22.and 23 in Pensinger's Subdivision a distance
of 240.00 feet more or less to the northwest corner of -said
Lot 20; thence due south along the west line of said Lot 20
a distance of 230.00 feet more or less to the southwest
corner of said Lot 20; thence due west along the north
right -of -way line of Charles Street a distance of 180.00
feet more or less; thence due south a distance of 60 feet
to the northwest corner of Lot 7 in Pensinger's Subdivision;
thence due south along the west line of said Lot 7 a distance
of 191.00 feet more or less to the southwest corner of said
Lot 7; thence due west along the south property line of Lots
8 and 9 in said Pensinger's Subdivision a distance of 250.00
feet more or less; thence due south a distance of 430.00 feet
more or less to the northeast corner of Lot 9 in "Vacval and
Davidson" Addition; thence due west along the north property
line of Lots 6, 7, 8 and 9 in said "Vacval and Davidson"
Addition a distance of 200 feet more or less to the north -
west corner of said Lot 6; thence due south along the west
property line of said Lot 6 a distance of 192.85 feet more
or less to the southwest corner of said Lot 6 to the point
of beginning. Containing approximately 18.00 acres, all
in South Bend, Clay Township, Section 31, Township 38 North,
Range 3 East, St.. Joseph County, Indiana.
be and the same is hereby established as "A" Residential, "A" Height and Area
District.
And further the following described real estate in the City of
South Bend, St. Joseph County, State of Indiana:
A tract of land in the southwest Quarter (1/4) of the southeast
Quarter (1/4) of Section 31, Township 38 North, Range 3 East
described as follows:
Beginning at a point in the centerline of Edison Road 582.3
feet more or less east of the southwest corner of the south -
east Quarter (1/4) of Section 31, Township 38 North, Range 3
East; thence east along the centerline of Edison Road a dis-
tance of 540.00 feet more or less to a point due south of
the east property line of Lot numbered five (5) in "Vacval
and Davidson" Addition; thence due north a distance of 60.00
feet more or less to the southeast corner of said Lot five
(5); thence further due north along the east property line
of said Lot five (5) a distance of 192.85 feet more or less
to the northeast corner of said Lot five (5); thence due east
along the north property line of Lots 6, 7, 8 and 9 in "Vacval
and Davidson" Addition a distance of 200.00 feet more or less
to the northeast corner of said Lot nine (9) in said "Vacval
and Davidson" Addition; thence due north a distance of 430.00
feet more or less to a point in the south property line o C
Lot nine (9) in Pensinger's Subdivision; thence due east
along the south property line of Lot 9 and Lot 8 in said
Pensinger's Subdivision a distance of 250.00 feet more or
less to the southeast corner of said Lot 8; thence due
north along the east property .line of Lots 8, 10 and 11 in
said Pensinger's Subdivision and said east property line
extended north to a point in the north right-of -way line
of Charles Street a distance of 251 feet more or less;
thence due east along the said north right-of-way line
of Charles Street a distance of 180.00 feet more or less
to the southwest corner of Lot 20 in said Pensinger's
Subdivision; thence due north along the west property
line of said Lot 20 a distance of 230.00 feet more or
less to the northwest corner of said Lot 20; thence due
east along the north property line of Lots 20, 21, 22 and
23 in said Pensinger's Subdivision a distance of 240.00
feet more or less to the northeast corner of said Lot 23
and the southeast corner of Lot 19 in said Pensinger's
Subdivision a common point; thence due north along the
east property line of said Lot 19 a distance of 180.8
feet more or less to the northeast corner of said Lot 19;
thence due west along the north property line of Lots 19
and 18 in said Pensinger's Subdivision to the northwest corner
of said Lot 18 which corner .point is also in the easterly right -
of-way line of South Bend Avenue (Indiana 23) a distance of 279.58
feet more or less; thence southwesterly along said easterly right-
of -way line of South Bend Avenue (Indiana 23) a distance of 725
feet more or less to a point 16.4 feet northeasterly (measured
along the said easterly right -of -way line of South Bend Avenue
(Indiana 23)) of the northwest corner of Lot 9 in Pensinger's
Subdivision; thence northwesterly 210 feet more or less; thence
southwesterly 150 feet; thence southeasterly 130 feet; thence
southwesterly along the westerly right -of -way line of South Bend
Avenue (Indiana 23) a distance of 227.35 feet more or less;
thence northwesterly a distance of 131.55 feet; thence southwesterly
a distance of 108.30 feet; thence due south a distance of 98.63
feet; thence due west a distance of 163.8 feet; thence due south
a distance of 327.00 feet more or less to a point in the northerly
right -of -way line of South Bend Avenue (Indiana 23); thence
southwesterly along said northerly right -of -way line of South
Bend Avenue (Indiana 23) a distance of 64.98 feet more or less;
thence due south a distance of 48.50 feet more or less to a
point in the centerline of Edison Road, the point of beginning.
Containing approximately 11 acres, all in South Bend, Clay
Township, St.. Joseph County, Indiana.
be and the same is hereby established as "C" Commercial, "A" Height and Area
District.
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 �— :�- -7
PUBLIC HEARING 3 -1 a - �{ - 3
APPROVED
REFERRED
PASSED 3 �o
m er of the Comm Council
- 3 -
L` o I?=; `E "' Of d SX
Irene "' lm i
Cl ' CLERK, SOUTH ml[), IM3.
0
PETITION
Date Filed
Date Received by the Area Plan Commission
Application No. p 73"
We, the undersigned, make application and petition the CurTtnron COLMCil of [hc
City of South Bend, Indiana, to amend tilt, Zon i ncl Or-d i nonce a•, fle r e i n revue , t i•:I .
1) The property sought to be rezoned is located it
property located north of Edison Road on e i tht•r s i dt• of <•,()ut h Bent] Avtrnue
(State Road '23) and containing 31 acres-, (1torr.' or It ",)
Annexation Ordinance No. 53801 -71
2) Name of property owner:
(See attached list in file)
3) It is desired and requested that t h i I)rope r t y "A" Rt• 5 i dt -n r i a 1,
"A" Height and Area to "A" Residential and "C" C(mimc I t i c1 1 , ''A" Height and Ai c•a -
4) This rezoning is requested so a5 to allow thr• tullowin(;
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 ()I tfte pt•t i t ik,r;
property; (c) self-addressed, st,imped legal -sizr onvelopes of all propt.•r-ty
owners within 300 feet of the petition property.
Initi,it d by flu /1rc•., I'Idn Cimuni: >.icn;
$Igni)tUrt' of l't'l 1 [ iuni-r' '-- �--- - - - ---
In[t• rest irr t�rr�;:�•rl•, �r.<•. �,.:n• � .
optlUnel .11 till nt•y, c•Ic ?
Petition prepared by - -- �---- -_ ^ --
Tamuttti r Irvor#
Xv #lie Tomumu Toumil of tot Tq of Oou14 nd:
Your Committee OF THE WHOLE
to whom was referred
19 -84 A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY
KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND,
INDIANA (STATE RD. 23)
Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE
RECOMMENDED TO THE COUNCIL FAVORABLE.
FREE PRESS PUBLISHING CO.
Joseph T. Serge
Chairman
STAFF REPORT
APC INITIATED- ANNEXATION
AREA #873 -84 February 10, 1984
State Road #23 and Edison
Road, South Bend
REQUESTED ACTION:
The purpose of this petition is to rezone land
recently annexed by the City of South Bend from
"A" Residential, "A" Height and Area to "C"
Commercial and "A" Residential, "A" Height and
Area.
EXISTING LAND USE:
This area contains various commercial
operations along State Road #23 and a dairy
equipment company on Edison Road. The
balance of the property contains single
family houses or is vacant.
SURROUNDING LAND USE AND
ZONING: Located to the north along State Road x`23
are several businesses zoned "C" Commercial,
"A" Height and Area, and "C" Commercial
(County); to the east along Ironwood Circle
are offices, and along Ironwood Drive are
retail uses, restaurants and vacant land,
all zoned "C" Commercial, "A" Height and
Area, and Village Terre Apartments off
Rosemary Lane zoned "B" Residential, "A"
Height and Area. Located to the southwest
along State Road #23 are two retail uses
zoned "C" Commercial, "A" Height and Area
and Turtle Creek Apartments are located west
of State Road #23 zoned "B" Residential, "A"
and "B" Height and Area. The remainder of
the surrounding area contains single family
houses or vacant land zoned "R" Residential
(County) or "A" Residential, "A" Height and
Area.
DATA:
The total site to be rezoned is
approximately 31 acres. The area proposed
to be zoned "C" Commercial is approximately
17.3 acres and the area proposed to be zoned
"A" Residential is approximately 13.7 acres.
STAFF COMMENTS:
This annexation originated in 1971 as
Annexation Ordinance #5308 -71. The Area Plan
Commission Staff was notified by the City
Legal Department on May 28, 1980 that a
recent court judgement had made this
annexation effective. The Staff then
prepared a zoning plan for the annexed area
which was approved by the Common Council on
July 14, 1980 (Ordinance #6803 -80). A later
PC INITIATED ANNEXATION AREA X873 -84
ruling by Judge Miller on March 9, 1981
stated that the 31 acre site remained a part
of the unincorporated county during the
entire appeal process, which voided
Ordinance #6803 -80. On January 18, 1984,
the Statt received a letter from ttte City
Legal Department which stated that this
property is a part of the City of South Bend
and that "now that the legal matters are
resolved the area should be rezoned in the
same way as it was following the initial
annexation." This proposed ordinance is
identical in content and effect as Ordinance
i= 6803 -80. The Stati would also note that the
proposed "A" Height and Area zoning would
not allow for a structure to be bunt taller
than thirty five feet or two and one halt
stories.
110 V
-
{ [7o i
wAgRiCK
ST.
.�� __� '! /'1 PONSH _I _ __i
l '� l I
ST.;;; cr I f i�
5T. LE RLER
W i1 is r+E�.ER L_—_� ,�• •
F7, � _ _ � � L_ _J
-- Q c bOUTH
a
1 BRYAN
�- r n I
t z i
�Z
CABO, 04
Fz
71 m
Cr zl lSr i W zI I i ;Z� z
OUTH BEND! i z ^TY LIMITS
NORTH i i� yI � Fi I
1 Q
1 Z I Lg�
ILI,
REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA
TO: "A" RESIDENTIAL, "A" HEIGHT & AREA, "C" COMMERCIAL, "A" HEIGHT & AREA
PETITION AREA PROPOSED "A" RESIDENTIAL PROPOSED "C'.' COMMERCIAL
CITY ZONING COUNTY ZONING
"A" RESIDENTIAL
_'R" RESIDENTIAL
"B" RESIDENTIAL
_'R -2" RESIDENTIAL
"C" COMMERCIAL
_. "C" COMMERCIAL
"C -1" COMMERCIAL
BUSINESS
CITY ATTORNEYS OFFICE
INTER- OFFICE MEMO
TO; DICK JOHNSON JANUARY 17, 1984
AREA PLAN COMMISSION DATE:
n
FROM; CAROLYN V. PFOTENHAUER
ASSISTANT CITY ATTORNEY '
SUBJECT; REZONING OF HILTON ANNEXATION
This is to follow -up on our conversation of 1/16184 in which we
discussed the need for Area Plan Commission to proceed with the re-
zoning of the area which was annexed to the City in the Hilton annexa-
tion. Now that the legal matters are resolved the area should be
rezoned in the same way as it was following the initial annexation.
If you want to discuss the matter further, please contact me.
As I mentioned, this office received a telephone call from Ron
Thorpe, owner of Thorpe's boat shop, 1818 South Bend Avenue, concern-
ing this rezoning. You indicated that your office had also been con=
tacted by Mr. Thorpe. I will be writing to Mr. Thorpe advising him
that his property is a preexisting, nonconforming use and can continue
to be used for commercial purposes. I will also advise him that you
are proceeding with the rezoning.
%_; �CStPH C,--'U N`!
riiZ CA PLAN CUM IA
CVP /clt