HomeMy WebLinkAboutZoning - Kensington FarmsORDINANCE No. 6928 -81
Passed by the Common Council of the City of South Bend, Ind'ana
June 22 __ 81
r
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend,
0
y
Clerk
of Common Council
Fail
IRENE K. GAMMON
Clerk
ORDINANCE NO. � 4 a.g - l 1
AN ORDINANCE AMENDING ORDIANA.NCE. NO. 4990 -68,
AS AMENDED, COMMONLY KNOWN AS THE 70NING
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 being a part of the Southeast Quarter
of Section 31, Township 37 North, Range 3 East, City of
South Bend, Centre Township, St. Joseph County, In. and
Being more particularly described as follows, viz:
Beginning at a point on the North line of said Quarter
Section, 1917.81 feet South 89 <50' -23" West of the
Northeast corner thereof said point being the Northeast
corner of Lot 139 as shown on document numbered 7925154,
the recorded plat of Kensington Farms East P.U.D., Section
1 in the office of the Recorder of St. Joseph County, In.;
thence South 30°- 45' -08" East, 373.28 feet; fence South
2 - 40' -55" East, 235.72 feet; then &e South 13 - 44' -09"
West, 491.04 feet; thence South 14 - 25' -20" East, 96.n8
feet to the Northerly right -of -way line of Sgmersworth
Drive in said recorded plat; thence North 75 - 34' -40"
East, 230.02 feet to a point of curve on said right -of-
way; thence South 79 °- 51' -10 East along a chord of 708.33
feet which limits said curve having a radius of 9Bn,00
feet and a central angle of 49 - 08' -20 "; thence South 55°-
17'-00" East, 286.45 feet to g point of curve on said
right-of-way; thence South 72 - 35' -15" Fast along a chord
of 199.2.9 feet which limits said curv8 having a radius of
335,00 f8et and a central angle of 34 - 36' -30 "; thence
South 89 - 53' -30" East, 41,69 feet to a point on said
right -of -way; thence South 0 - 06 ° -30" West, parallel with
and 330 feet West of said East line of the Southeast Quarter
a distance of 880.00 feet. thence North 89 °- 52' -30" West,
parallel with and 330 feet North of the South line of said
Southeast Quarter, 1971.68 feet to the Southeast corner
of Lot 214 as shown in Plat Book 24, Page "K ", the recorded
plat of Kensington Farms, Section 5 in the office of the
Recorder of St. Joseph County, Indiana• thence North 0° -03'-
50" East, 325.24 feet- thence North 51d- 4n' -31" West, 97.55
feet; thence North 306i- 41' -53" East, 134.42 feet; thence
North 33 - 11' -17" East, 208.58 feet; thence North 8 -n7'-
47" East, 63.05 feet; thence North 5°-53 ° -23" West, 217.89
feet; thence North 17°- 56' -25" West, 84.12 feet; thence
North 1 - 15' -29" West, 390.11 feet• thence North n - n3' -50"
East, 438.59 feSt; thence South 81d- 28' -10" West, 55,89 feet;
thence North 15 - 56' -10" blest, 341.81 feet: thence North
0 - 12' -41" West, 123.09 feet 8o the North line of said South-
east Quarter; thence North 89 - 50' -23" East, along said
North line, 478.65 feet to the place of beginning containing
64.316 acres more or less.
Subject to the legal rights of a public highway and easements,
covenants or restrictions of record.
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 parcel of land being a part of the Southeast Quarter of
Section 31, Township 37 North, Range 3 East, City of South
Bend, Centre Township, St. Joseph County, In. and being
more particularly described as follows, viz:
Beginning at a point on the North line of said Quarter
section, 260.00 feet South 89 - 50' -2V West of the North-
east corner thereof; thence South 89 - 50' -23" West, along
said North line, a distance of 1657.81 feet to the North-
east corner of Lot 139 as shown on document numbered 792.5154,
the recorded plat of Kensington Farms East P.l1.D., Section
1 in the office of the Recorder of St. Joseph County, In-
diana; hence South 300- 45' -08" East, 373.28 feet; hence
South 2 - 40' -55" East, 235.72 feet thence South 13 - 44' -09"
West, 491.04 feet; thence South 146- 25' -20" East, 96.08
feet to the Northerly right -of -way line of Somersworth
Drive in said recorded plat; thence North 75 - 34' -40" Fast,
230.02 foet to a point of curve on said right-of-way; thence
South 79 - 51' -10" East along a chord of 798.33 feet which
limits said curve having a radius of $60.On feet and a central
angle of 49 °- 08' -20 "; thence South 55 - 17' -00" East, 286.45
feot to a point of curve on said right-of-way; thence South
72 - 35' -15" Fast alone a chord of 199.20 feet which limits
said &urve having a radius of 35.00 feet and a central angle
of 34 - 36' -30 "; thence South 89 - 53' -30" Fast, 41.62 feet
to a point on said right -of -way; thence South 0°- n6' -30" West,
parallel with and 330 feet West of said East line of the South-
east Quarter, a distance of 385.00 feet to the Southwest
corner of Lot "A" in said recorded nlatof Kensington Farms
East, P.U.D., Section 1; thence South 89 - 48' -22" Fast, along
the South line of said Lot "A ", a distance of 330.00 fe &t to
the East line of said Southeast Ouarter; thence North 0 -06'-
30" East, along said East lane, a distance of 1119.00 feet to
a point 705.00 feet South 0 - n6' -30" West of the Northeost
corner of the Northeast corner thereof; thence South 89 -5n'-
23" West, parallel with the North line of said SouVeast
Quarter, a distance of 400.00 feet; thence North 0 - 06' -30"
East, parallel kith said East line, a distance of 560.00 feet;
thence North 89 - 50' -23" East, parallel with said North line,
a distance of 140.00 feet; thence North 0 - n6' -30" East, par-
allel with said Fast line, a distance of 145.nO feet to the
place of beginning containing 48.872 acres more or less.
Except lots 2,3,8,138 & 140, Kensington Farms East PUD,Sec. 1.
Subject to the legal rights of a public highway and any
easements, covenants or restrictions of record.
be and the same is hereby. established as "B" Residential, "V Height and
Area District
And further the following described real estate in the City
of South Bend, St, Joseph County, State of Indiana:
A parcel of land being a Dart of the Southeast Quarter of
Section 31, Township 37 North, Range 3 Fast, City of South
Bend, Centre Township, St. Joseph County, In. and being more
particularly described as follows, viz:
Beginning at a point on the East nine of said Quarter section,
a distance of 100.00 feet South 0 - 26' -37" West of the North-
east corner thereof; thence South 0 - 06' -3n" West, along said
East line, a distance of 605.00 feet; thence South 89 - 50' -23"
West, parallel with the North line of sai8 Southeast Quarter,
a distance of 400.00 feet; thence North 0 - 06' -30" East, oar -
allel with said East line, a distance of 560.00 feet: thence
North 89 °- 50' -23" East, parallel wit said North line, a dis
tance of 140,00 feet; thence North 0 - 06'30" Fast, parallel
wi�h said East line, a distance of 560.00 feet; thence North
89 - 50' -23" East, parallel wit8 said North line, a distance
of 140.00 feet; thence North 0 - 06' -30" East, parallel wi�h
said Fast line, a distance of 45.00 feet; thence North 89 -
50' -23" East, parallel with said North line, a distance of
260.00 feet to the place of beginning containing 5..411 acres
more or less.
Subject to the legal rights of a public highway and any ease -
ments, covenants or restrictions. of record.
be and the same is hereby established as "C" Commercial, "A"` Heiqht 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,
V�
Member of the Common Council
®
I signed onlg to provide an
opportunity for public discussion
and Council action on the issue.
1st READING '71—
PUBLIC HEARING
2nd READING G o7 oi—cri�
NOT APPROVED
REFERRED
PASSED
FILED IN CLERK'S OFFICE
APR 8 1981
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
Date Fil
Date Received by the Area Plan Commission
Application No.
I, A.J. Hickey as President of Jack Hickey Associates, Inc., the
undersigned, make application and petition the Common Council of the
City of South Bend, Indiana to amend the Toning Ordinance as herein
requested.
1) The property sought to be rezoned is located in the Southeast
Quarter of Section 31, Township 37 .North, Range 3 Fast, City of
South Bend, Centre Township, St.. Joseph County, Indiana and be-
ing bounded on the West by Kensington Farms Subdivision, Sections
5 and 6, on the North by the North line of said Southeast Quarter,
on the East by Ironwood Road and on the South by a line 330 feet
more or less North of Kern Road.,
*2)' Title to property vested in the name of:
Jack Hickey Associates, Inc.
60735 U.S. 31 South
South Bend, Indiana 46614
3) It is desired and requested that this property he rezoned
From "A -3" High Density Residential - Office &. Professional District,
"A" Height and Area District
To "A" Residential, "B" Residential and "C" Commercial, "A" Height
and Area District
4) This rezoning is requested so as to allow the following uses:
single family residential, multi - family residential, commercial
and service commercial.
5) Attached is a copy of a) legal descriptions 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 enevelopes of all property owners within 300 feet of the
petition property.
c
A, , ckey,P s ent
J ck Hickey Attociates, Inc,
60- 73,5- 44S.r:3d -. South
South Bend, Indiana 46614
Petition prepared by; S 7 � 7 5
Lang, Feeney & Associates, Inc,,
311 First Bank Building
South Bend, Indiana 46601
* Excepting lots 2,3,8,138 & 140, Kensington Farms East P.U.D., Section 1.
REZONING
DESCRIPTION
Single Family Boundary
A parcel of land being a part of the Southeast Quarter of Section 31, Township
37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, In.
and being.more particularly described as follows, viz:
Beginning at a point on the North line of said Quarter Section, 1917.81 feet
South 89°- 50' -23" West of the Northeast corner thereof said point being the North-
east corner of Lot 139 as shown on document numbered 792.5154, the recorded plat of
Kensington_ Farms East P.N.D., Section 1 in the office of the Recorder of St. Joseph
County, Indiana; thence South 300- 45' -08" East, 373.28 feet; thence South 20- 40' -55"
East, 235.72 feet; thence South 130- 44' -09" West, 491.04 feet; thence South 140-25'-
20" 96.08 feet to the Northerly right -of -way line of Somersworth Drive in said
recorded plat; thence North 750- 34' -40" East, 230.02 feet to a point of curve on said
right -of -way; thence South 79°- 51' -10" East along a chord of 798.33 feet which limits
said curve having a radius of 960.00 feet and a central angle of 490- 08' -20 "; thence
South 55°- 17' -00" East, 286.45 feet to a point of curve on said right -of -way; thence
South 720- 35' -15" East along a chord of 199.29 feet which limits said curve having a
radius of 335.00 feet and a central angle of 34 °- 36' -30 "; thence South 89 °- 53' -30"
East, 41.62 feet to a point on said right -of -way; thence South O°- n6' -30" West, par-
allel with and 330 feet West of said East line of the Southeast Quarter, a distance
of 880.00 feet; thence North 890- 52' -30" West, parallel with and 330 feet North of
the South line of said Southeast Quarter, 1971.68 feet to the Southeast corner of
Lot 214 as shown in Plat Book 24, Page "K", the recorded plat of Kensington Farms,
Section 5 in the office of the Recorder of St. Joseph County, Indiana; thence North
0°- 03' -50" East, 325.24 feet; thence North 510- 40' -31" !Jest, 97.55 feet; thence
North 30°- 41' -53" East, 134.42 feet; thence North 330- 11' -17" East, 208.58 feet;
thence North 80- 07' -47" East, 63.05 feet; thence North 50- 53' -23" West, 217.89 feet;
thence North 170- 56' -25" West, 84.12 feet; thence North 1°- 15' -29" West, 39n.11 feet;
thence North 00- 03' -50" East, 438.59 feet; thence South 81°- 28' -10" West, 55.89 feet;
thence North 150- 56' -10" West, 341.81 feet; thence North 00- 12' -41" West, 123.09 feet
to the North line of said Southeast Quarter; thence North 890- 50' -23" East, along said
North line, 478.65 feet to the place of beginning containing 64.316 acres more or'less.
Subject to the legal rights of a public highway and easements, covenants, or
restrictions of record.
Excepting lots 2,3,8,138 & 140, Kensington Farms East P.U.D., Section 1.
REZONING
Description
Multi- Family Boundary
A parcel of land being a part of the Southeast Quarter of Section 31, Township
37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, In.
and being more particularly described as follows, viz:
Beginning at a point on the North.line of said Quarter section, 260.00 feet South
-89 °- 50' -23" West of the Northeast corner thereof; thence South 89 ° <50° -23 "West, along
said North line, a distance of 1657..81 feet to the Northeast corner of Lot 139 as shown
on document numbered 7925154, the recorded plat of Kensington Farms East M .D.., Sec-
tion 1 in the office of the Recorder of St. Joseph County, Indiana; thence South 30 0 <
45' -08" East, 373.28 feet; thence South 2 °- 40' -55" East, 235.72 feet; thence South 13 °-
44'-09" West, 491.04 feet; thence South 14°- 25' -20" East, 96.08 feet to the Northerly
right -of -way line of Somersworth Drive in said recorded plat; thence North 75°- 34' -40"
East, 230.02 feet to a point of curve on said right- of<way; thence South 79°- 51" -10"
East along a chord of 798.33 feet which limits said curve having a radius of 960.00
feet and a central angle of 49°- 08' -20 "; thence South 55°- 17' -00" East, 286.45 feet
to a point of curve on said right -of -way; thence South 72°-35'-15" East along a chord.
of 199.29 feet which limits said curve having a radius of 335.00 feet and a central
angle of 340- 36' -30 ";thence South 89°- 53' -30" East, 41.62 feet to a point on said
right -of -way; thence South 0°- 06' -30" West, parallel with and 330 feet West of said
East line of the Southeast Quarter, a distance of 385.00 feet to the Southwest corner
of Lot "A" in said recorded plat of Kensington Farms East, P.U.D.., Section 1; thence
South 89°- 48' -22" East, along the South line of said Lot "A", a distance of 330.00
feet to the East line of said Southeast Quarter; thence North 0°- 06' -30" East, along
said East line, a distance of 1119.00 feet to a point 705.00 feet South 0°- 06' -30"
West of the Northeast corner thereof: thence South 890- 50'� -23" West, parallel with
the North line of said Southeast Quarter, a distance of 400.00 feet; thence North
0°- 06' -30" East, parallel with said East line, a distance of 560.00 feet; thence
North 89°- 50' -23" East, parallel with said North line, a distance of 140.00 feet;
thence North 0°- 06' -30" East, parallel with said East line, a distance of 145.00
feet to the place of beginning containing 48.872 acres more or less,
Subject to the legal rights of a public highway and any easements, covenants,
or restrictions of record.
REZONING
DESCRIPTION
Commercial Boundary
A parcel of land being a part of the Southeast Quarter of Section 31, Township
37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, In,
and being.more particularly described as follows, viz:
Beginning at a point on the East line of said Ouarter section, a distance of
100.00 feet South 0 °- 06' -30" West of the Northeast corner thereof; thence South
0°- 06' -30" West, along said East line, a distance of 605.00 feet; thence South 89°-
50'-23" West, parallel with the North line of said Southeast Quarter, a distance of
400.00 feet; thence North 00- 06' -30" East, parallel with said East line, a distance
of 560.00 feet; thence North 890- 50' -23" East, parallel with said North line, a dis-
tance of 140.00 feet; thence North 00- 06' -30" East, parallel with said East line, a
distance of 45.00 feet; thence North 89°- 50' -23" East, parallel with said North line,
a distance of 260.00 feet to the place of beginning containing 5.411 acres more or less.
Subject to the legal rights of a public highway and any easements, covenants or
restrictions of record.
(Qomutmu Erpor#
Xo t4e (Comma (Qonncil of t#r aritg of f xn# IrtuN
Your Committee OF THE WHOLE
to whom was referred
37 -81 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) (KENSINGTON FARMS.)
Respectfully rep&j&!6�g&6 &rvp6d the COUNCIL in their opinion THIS BILL SHOULD BE
THE
JOHN VOORDE
Chairman
rev, rnus ruvuseieo co.
93 _?
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
May 20, 1981
The Honorable Common Council
City of South Bend
4th Floor, County -City Bldg.
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Jack Hickey Associates,
Inc., to zone from "A -3" High Density Residential - Office & Professional,
"A" Height and Area to "A" Residential, "B" Residential and "C" Commercial,
"A" Height and Area, property located approximately 300 feet north of
Kern Road on the west side of Ironwood Road, City of South Bend
Gentlemen:
The attached rezoning petition of Jack Hickey Associates, Inc. was legally
advertised May 9, 1981. The Area Plan Commission gave it a public hearing
on May 19, 1981, at which time the following action was taken:
Upon a motion by Joseph Serge, being seconded by Rene Vandewalle
and unanimously carried, the proposed ordinance and site develop-
ment plan of Jack Hickey Associates, Inc. to zone from "A -3" High
Density Residential - Office & Professional, "A" Height and Area to
"A" Residential, "B" Residential and "C" Commercial, "A" Height
and Area, property located approximately 300 feet north of Kern
Road on the west side of Ironwood Road, is sent to the Common
Council with a favorable recommendation, subject to a final site
plan meeting the requests of the City Engineer. Subdivision of
the property will also be required.
The above recommendation is made subject to a final site plan.
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. Johns T
Executive Director
Attachments
cc: Jack Hickey Associates
Servingr9ouA Benk Lkeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN
STAFF REPORT
JACK HICKEY ASSOCIATES, INC. #743 -81 May 8, 1981
Ironwood and Kern Roads, South Bend
REQUESTED ACTION: The petitioner is requesting a zone change from
"A -3" High Density Residential - Office and
Professional, "A" Height and Area, to "A" Residen-
tial, "B" Residential, and "C" Commercial, "A"
Height and Area, to allow "single- family residen-
tial, multi - family residential, commercial and
service commercial."
EXISTING LAND USE: The land contains some single- family homes with
the remainder beinn vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north are single- family homes and
the 4 -H Fairgrounds zoned "A" Residential, "A"
Height and Area; to the east and south are single -
family homes and farmlands zoned "R" Residential;
and to the west are single - family homes zoned "A"
Residential, "A" Height and Area.
APPLICABLE PARKING REGULATIONS
ACCESS:
Multi- family units require 1 parking space per unit,
retail stores require 1 parking space per 200 square
feet of floor area plus 1 per 2 employees, and offices
require 1 space per 400 square feet of floor area or
1 per employee, whichever is greater.
Access will be provided via Watford Lane and Ladbrooke
Lane on the west and Somersworth Drive and a future
street on the east.
DRAINAGE: The drainage has not been addressed by the petitioner.
DATA: The total site is 118.6 acres. Of that, 64.3 acres
will be single family homes, 48.9 acres will be
multi - family units, 5.4 acres will be commercial /office
uses. 142 homesites are proposed in the single family
area, 515 dwelling units are proposed in the multi-
family area, and 26,352 square feet of floor area
is proposed in the commercial /office area.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer has the following comments:
"1. Water and sewer are available to the site.
2. We are requesting a 1 foot non - access easement along
the entire length of Ironwood Road with the exception
of the two openings shown.
JACK HICKEY ASSOCIATES, INC. #743 -81 (Continued)
Ironwood and Kern Roads, South Bend
STAFF COMMENTS:
3. Non - access easements to extend 200' up both
sides of the entrances off of Ironwood.
4. Near the entrance at Somersworth Drive and
Ironwood on Somersworth the three drives shown
onto Somersworth within the 200' non - access
easement need to be reversed.
5. The "S" curve intersecting Somersworth Drive
300' west of Ironwood needs to be redesigned to
intersect the cross street.
6. The City needs to have some discussion with
the developer on his plans with regards to the
non - access easement and enforcement of it by
design."
At a meeting held on May 6, 1981 between the City
Engineer, the representative for the petitioner,
and the Staff of the Area Plan Commission, the
petitioner has agreed to provide a non - access
easement along with a 6 foot screening hedge along
Ironwood, the realignment of the north -south street
as a four -way intersection with Somersworth Drive,
and the relocation of the 8 units on the north
side of Somersworth with no drives entering Somers-
worth at that location.
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PETITION AREAS
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PARCEL /l/ - C COMMERC /AL, ! ' RGT B AREA
CITY ZONING COUNTY ZONING
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