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HomeMy WebLinkAboutZoning - South Bend AvenueORDINANCE No 6803 -80 Passed by the Common Council of the City of South Bend, Indiana_ Attest: July 14 , 19 80 City Clerk K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by Jul 15 19 80 r City Clerk IRENE K. GAMMON 19—to- Property located north of Ed i son ,Road on .either side of South Bend Avenue (State Road #23) and containing 31 acres, more or less. ORDINANCE NO. ( g63 -=TO 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 Zon.ing 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 lime 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 Is lst 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 1 (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 1st 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 1 (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 "Va.cval 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 of 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 - 2 - 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 22.7.35 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 a.nd legal publication. isf READING 6 PUBLIC HEARING— /cl(°d/� 2nd READING 7-1 �a NOT APPROVED REFERRED PASSED - 3 - I signed only to provide an opportunity for public discussion and Council action. _:. n the issue.. FILED a S OFFICE JUN R3`1980 Irene Gammon CITY CLERK, SOUTH BEND, IND. 9 AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building June 18, 1980 The Honorable Common Council. City of South Bend 4th Floor, County-City Building South Bend, IN 46601 South Bend, Indiana 46601 RICHARD S. JOHNSON Executive Director (219) 284 -9571 RE: A petition initiated by the Area Plan Commission to zone recently annexed land from "A" Residential, "A" Height and Area to "A" Residential, "A" Height and Area and "C" Commercial, "A" Height and Area, property located north of Edison Road on either side of South Bend Avenue (State Road #23), City of South Bend, and containing 31 acres, more or less Gentlemen: The rezoning petition of the Area Plan Commission was legally advertised on June 7, 1980. The Area Plan Commission gave it a public hearing on June 17, 1980, at which time the following action was taken: Upon a motion by June Stratton, being seconded by Joseph Serge, and carried on a vote of 10 in favor and two opposed, the petition initiated by the Area Plan Commission to zone recently annexed land,from "A" Residential, "A" Height and Area to "A" Residential, "A" Height and Area and "C" Commercial, "A" Height and Area, property located north of Edison Road on either side of South Bend Avenue (State Road #23), City of South Bend, and containing 31 acres, more or less, is returned 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, �`e'aCr�a�l•�� Richard S. Johnson Executive Director RSJ /bsj Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN PETITION Date Filed Date Received by the Area Plan Commission Application No. 76)V-80 We, the undersigned, make application and petition the 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: property located north of Edison Road on either side of South Bend Avenue (State Road #23) and containing 31 acres, more or less Annexation Ordinance No. 53801 -71 2) Name of property owner: (See attached list in file) 3) It is desired and requested that this property be rezoned from "A" Residential, "A" Height and Area to "A" Residential and "C" Commercial, "A" Height and Area. 4) This rezoning is requested so as to allow the following use(s): 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) self- addressed, stamped legal -size envelopes of all property owners within 300 feet of the petition property. Initiated by the Area Plan Commission Signature of Petitioner Address Interest in property i.e. owner, optioner, attorney, etc.) Petition prepared by STAFF REPORT A.P.C. INITIATED - SOUTH BEND ANNEXATION AREA State Road #23 and Edison Road, South Bend June 6, 1980 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, "A" Height and Area 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 homes or is vacant. SURROUNDING LAND USE & ZONING: DATA: STAFF COMMENTS: Located to the north along State Road #23 are several businesses zoned "C" Commercial, "A" and "D" 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 area contains single - family homes or vacant land zoned "R" Residential (County) or "A" Residential, "A" Height and Area. The total area is approximately 31 acres. The area proposed to be zoned "C" Commercial is approxi- mately 17.3 acres and the area to be zoned "A" Resi- dential is approximately 13.7 acres. This annexation originated in 1971 as Annexation Ordinance #5308 -71. The Area Plan Commission Staff was notified by the City Legal Department of this annexation on May 28, 1980. That letter stated that "On MaY.9, 1980, the Superior Court entered an order in the pending remonstrance in Cause No. E -9772 ordering the remonstrance dismissed. The annexation of the territory was effective as of the date of the court's judgement." Section 21 -122 of the South Bend Municipal Code states that all areas shall be zoned "A" Residential as of the date of annexation, and that, within 60 days after notification of the date of annexation, the Area Plan Commission shall submit to the Council a recommended zoning plan for such area. < r Lr Is T F IST -11 ICAMPEAu -iALROA' C -Y > riI ri 7- ST 4kA�S� REZONING FROM: A'RESID,9MAL A'Hgr. 8 AREA rO: A "RESIDENRAL A' HGr. 8 AREA, C'COMYVERCIAL XHGr a AREA PErMON ARcA mOPMED -WR EslmNrl AL PROPOSED zavl �7, covAf ar r ,RcIAL Ne REMENRAL cou Nry ZQSMG RE -SIDEN r1A L MESIDEIMAL C' COMMERCIAL r R-'?'RESIDE-NrIAL �C- 1'COMACRMAL C' COMMERCIAL &ISINESS L��-SHAN ONSHA 0 IE C3 E - 7- IST -11 ICAMPEAu -iALROA' C -Y > riI ri 7- ST 4kA�S� REZONING FROM: A'RESID,9MAL A'Hgr. 8 AREA rO: A "RESIDENRAL A' HGr. 8 AREA, C'COMYVERCIAL XHGr a AREA PErMON ARcA mOPMED -WR EslmNrl AL PROPOSED zavl �7, covAf ar r ,RcIAL Ne REMENRAL cou Nry ZQSMG RE -SIDEN r1A L MESIDEIMAL C' COMMERCIAL r R-'?'RESIDE-NrIAL �C- 1'COMACRMAL C' COMMERCIAL &ISINESS (9ommtUrr Xruor# coo toe (common Comm of to (gift' of 0881 4 srnd: Your Committee OF THE WHOLE to whom was referred 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) (EDISON ROAD AND STATE ROAD 23.) Respectfully- report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. WALTER M. SZYMKOWIAK Chairman FREE PRESS PUBLISHING CO.