Loading...
HomeMy WebLinkAboutZoning - Northeast Corner of Miami & Jackson RoadORDINANCE No 6252 -77 Passed by the Common Council of the City of South Bend, Indiana 0 November 14 1977 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council November 15 ,ft 77 IRENE K. GAMMON Approved and signed by me �+�- a-�.�. I&A... /S �922— Clerk Northeast Corner of Miami & Jackson Road ORDINANCE NO. (j5: -'7 ? 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 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: Beginning at the Southwest corner of Section 30, Township 37 North, Range 3 East; thence East along the South line of said Section, 1052.56 feet; thence North 653 feet; thence East parallel with the said South line of the said Section, 734.01 feet; thence North 158 feet; thence West to the said West line of said Section 30; thence South 811 feet to the point of beginning; excepting therefrom a parcel described as follows: Beginning 811 feet North and 30 feet East of the Southwest corner of Section 30, Township 37 North, Range 3 East; thence East 29.74 feet; thence South 10 54126" West 452.67 feet; thence South.11049108" West 51.16 feet; thence North 0028144" West 502.45 feet to the point of beginning. be and the same is hereby established as a "B" Residential and "B" 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 and legal publication. Member of the Common Council OI signed only to prn %ide an opper- r r-•_.,ic cliocussion and Cour_c, l _ _, on the issue. FILED 11 CLERK'S OFFICE ' 2 311977 ..L' '=t READING �" -�g_>> Irene Gammon Pl1 ,L!!_ HEARING CLERK, SOUTH BEND, IND. 2nd f;EADING /r -/ '� 7 NOT APPt20VE � n REFERRED (" PASSED PETITION FOR REZONING August ,1977 We, the undersigned make application and petition the Common Council of the City of South Bend, Indiana to amend the Zoning Ordiance as herein requested: 1. The property sought to be rezoned consist of two parcels having separate ownership and is located as follows in the City of South Bend, County of St. Joseph, State of Indiana. A. Parcel A: A part of the Southwest Quarter (SW 1/4) of Section Thirty (30), Township Thirty - seven North (T 37 N), Range Three East (R 3 E) in St. Joseph County, Indiana, described as follows: Beginning at a point on the West line of said Section Thirty (30), Six Hundred Fifty -three feet (653') North of the South- west corner of said Section; thence East, parallel with the South line of said Section, Eight Hundred Eight and Forty -one Hundredths feet (808.41'); thence South Six Hundred Fifty -three feet (653') to a point on the South line of said Section, Eight Hundred Eight and Forty -one Hundredths feet (808.411) East of the Southwest Corner of said Section; thence East on the said South line of said Section Two Hundred Forty -four and Fifteen Hundredths feet (244.15'); thence North Six Hundred Fifty -three feet (653*); thence East parallel with the said South line of the said Section, Seven Hundred Thirty -four and One Hundredth feet (734.01'); thence North One Hundred Fifty -eight feet (158'); thence West to the said West line of said Section; thence South on said West line of said Section, One Hundred Fifty -eight feet (158') to the point of beginning; excepting therefrom a parcel des- cribed as follows: Commencing at the Southwest Corner of said Section; thence North Zero de- grees Twenty -eight minutes Forty - four Seconds West (N 00 28' 44" W) Six Hundred Fifty -three feet (653') along the West line of said Section to the Southwest Corner of owner's land; thence North Eighty -nine degrees Forty -two minutes Five seconds East (N 890 42' 5" E) Thirty feet (30') along the South line of owner's land to the point of beginning of this descrip- tion, which point is on the east boundary of the Miami Highway; thence North Zero degrees Twenty Minutes Forty -four seconds West (N 00 20' 44" W) along the east boundary of said Miami highway One Hundred Fifty -eight feet (158') to the North line of owner's land; thence North Eighty -nine degrees Forty - two minutes Five Seconds East (N 890 42' 5" E) Twenty -nine and Seventy -four Hund- redths feet (29.74') along the North Line of owner's land; thence South One degree Fifty -four minutes Twenty -six seconds West (S 10 54' 26" W) One Hundred Fifty -eight and Twelve Hundredths feet (158.12 ") to the South line of owner's land; thence South Eighty -nine degrees Forty -two minutes Five seconds West (S 890 42' 5" W) Twenty - three and Sixteen Hundredths feet (23.16') along the South line of owner's property to the point of beginning, said exception containing in all 0.096 acres, more or less; the whole containing 10.044 acres, more or less. B. Parcel B: A part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW1 /4) of Section Thirty (30), Township Thirty -seven North (T 37 N), Range Three East (R 3 E) in St. Joseph County, Indiana, des- cribed as follows: Beginning at the Southwest Corner of said Section Thirty (30); thence East along the South line of said Section, Eight Hundred Eight and Forty -one Hundredths feet (808.41'); thence North Six Hund- red Fifty -three feet (653'); thence West, parallel with said South line of said Section, Eight Hund- red Eight and Forty -one Hundredths feet (808.41') to the West line of said Section; thence South along the said West line of said Section, Six Hundred Fifty -three feet (653') to the point of beginning; but excepting therefrom a parcel des- cribed as follows: Commencing at the southwest corner of said section; thence North 0 degrees 28 minutes 44 seconds West 653.00 feet along the west line of said section to the northwest corner of the owner's land; thence North 89 degrees 42 minutes 05 seconds -East- 30.00 feet along the north line of the owner's land to the point of beginning of this description, which point is on the east boundary of the Miami High- way: thence North 89 degrees 42 minutes 05 seconds East 23.16 feet along said north line;thence South 1 degree 54 minutes 26 seconds West 294.55 feet; thence South Ifollows: 11 degrees 49 minutes 08 seconds West 51.16 feet to the east bound- ary of the Miami Highway; thence North 0 degrees 28 minutes 44 se- conds West 344.45 feet along said east boundary to the point of be- ginning and said exception con- taining 0.122 acres, more or less; the whole containing twelve acres, more or less. The total parcel is more particularly described as Beginning at the Southwest corner of Section 30, Township 37 North, Range 3 East; thence East along the South line of said Section, 1052.56 feet; thence North 653 feet; thence East parallel with the said South line of the said Section, 734.01 feet; thence North 158 feet; thence West to the said Wdst line of said Section 30; thence South 811 feet to the point of beginn- ing; excepting therefrom a parcel described as follows: Beginning 811 feet North and 30 feet East of the Southwest corner of Section. 30, Township 37 North, Range 3 East; thence East 29.74 feet; thence South 10 54' 26: West 452.67 feet; thence South 11° 49' 08" West 51.16 feet; thence North Oo 28' 44" West 502.45 feet to the point of beginning. All of said real estate is located at the northeast corner of the intersection of Miami Highway and Jackson Road in the City of South Bend, County of St. Joseph, State of Indiana. 2. That the name of the property owners are as follows: A. As to Parcel A. the owners are: 1) John C. Goss, an adult male, who resides at 4902 Miami Road, South Bend, Indiana 2) Louise K. Goss, an adult female, who resides at 4902 Miami Road, South Bend, Indiana 3) Dean Goss, an adult male, who resides at 1552 West Miracle Mile, Tucson, Arizona 85705 B. As to Parcel B, the owner is: Alice Gammons, an adult female, who resides at 5032 Miami Road, South Bend, Indiana That Gene B. Glick Company Inc. has taken an option of the referenced property and if the requested zoning is effected intends -o purchase said real estate for use as provided in paragraph 4 of this petition. 3. It is desired and requested that this property be rezoned from an "A" Residential to a "B" Residential. ing use: 4. The rezoning is requested so as to allow the follow- The building of two hundred and four (204) multi- story, multi - family housing units to be occupied exclusively for elderly persons under Section 8 of the National Housing Act. 5. Attached is a copy of (a) a list of names and addresse lof all property owners within 300 feet of the petitioned property; (b) a site plan; and (c) self- addressed, stamped envelopes of all property owners within 300 feet of the petitioned property. Petition prepared by: e, " '/') "_ _" 0 , �Z ,, , Richard C. Bodine, Attorney C. Goss- Louise jC. Goss Dean Goss a Alice Ga � Richard C. Bodine Attorney for Gene B. Glick Company, Inc., Optionor TommUttr Imart Mn t4t Towntnn CfounrU of toe (tug of # vw4 Tend: 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, LNDIANA (CHAPTER 21, MUNICIPAL CODE) (NORTHEAST CORNER OF MIAMI & JACKSON ROAD). Respectfully-report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABLE. FRANK HORVATH Chairman FREE PRGtl Q0jFjjNQ PUML19MING CO. 9 r FAREA 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, 1977 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance and site development plan of John and Louise Goss and Dean and Alice Gammons, to zone from "A" Residential, "A" Height and Area, to "B" Residential, "B" Height and Area, property located at the northeast corner of Miami Highway and Jackson Road, City of South Bend Gentlemen: The attached rezoning petition of John and Louise Goss and Dean and Alice Gammons was legally advertised October 8, 1977. The Area Plan Commission gave it a public hearing on October 18, 1977, at which time the following action was taken: "Upon a motion by Joseph Serge, being seconded by Earl Kime and carried unanimously, the petition of John and Louise Goss and Dean and Alice Gammons, as amended, to zone from "A" Residential, "A" Height and Area, to "B" Residential, "B" Height and Area, property located at the northeast corner of Miami Highway and Jackson Road, City of South Bend, is returned to the Common Council with a favorable recommendation, subject to a final site plan. The petitioner requested and the Plan Commission granted that the following described property be deleted from this rezoning petition: A part of the Southwest Quarter of Section 30, Township 37 North, Range 3 East of the Second Principal Meridian, located in the City of South Bend, Center Township, St. Joseph County, Indiana, being more particularly described as follows: Beginning at the Southwest corner of the Southwest Quarter of Section 30, Township 37 North, Range 3 East of the Second Principal Meridian; thence North 00028144" West on and along the West line of said Southwest Quarter Section a distance of 358,66 feet; thence North 890311161' East a dis- tance of 344.34 feet too the center line of a Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN The Honorable Common Council City of South Bend October 19, 1977 Page 2 15 foot wide sewer easement; thence South 29055121" East on and along the center line of said sewer easement a distance of 125.88 feet; thence South 29045128" East on and along the center line of said sewer easement a distance of 286.08 feet to a point on the South line of said Southwest Quarter Section; thence South 89034122fe West on and along the South line of said Southwest Quarter Section a distance of 546.12 feet to the Point of Beginning. Containing 3.669 acres (159,821 square feet), more or less, being subject to all applicable easements and rights -of -way of record." The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in 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 Staff Report. Very truly yours, i Richard S, Johnson Executive Director RSJ /bsj Attachments cc; John and Louise Goss Dean and Alice Gammons Richard C. Bodine, Attorney STAFF REPORT GAMMONS AND GOSS #552 -77 October 11, 1977 REQUESTED ACTION - rezoning to "B" Residential, "B" Height and Area, from "A" Residential, "A" Height and Area. PURPOSE - to be used for multi- family housing units for elderly persons. k EXISTING LAND USE AND ZONING - single family residence in "A "! Residential, "A" Height and Area. 1 SURROUNDING LAND USE AND ZONING�F?? x: d North Single Family "A" Res., "A" Height &.Area East Single Family "A" Res., "A" Height_.rea South Single Family "A" Res., "A" Height & Area West Jackson Middle Sch. "A" Res., "A" Height & Aa i LAND'IUSE AND TRANSPORTATION PLAN - designates this area for Residential, Moderate Density APPLICABLE REGULATIONS - 1 parking space per dwelling unit. ACCESS - one access from Miami Highway and one access from Jackson Road. DRAINAGE - will be built to City Engineer requirements DATA - apartment building: 165,968 square feet gross area 5 two -story 40 unit buildings (total 200 units) Community Building: 3,646 square feet Parking: 200 spaces, 32,940 square feet Open Space; 722,133 square feet Total Area: 910,715 square feet SITE PLAN- Preliminary. AGENCY COMMENTS - City Engineer recommends approval with the stipulation that a storm water retention system be built to City standards. Driveways should include 14' entrance lane, 4' raised median, and 20' exit lane. Community Development Department recommends favorably.' STAFF COMMENTS - Final site plan must delineate 100 -year flood hazard' E area for swale in western 1/3 of site. Medical Office Development in Southwest corner must be eliminated. r S x: