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HomeMy WebLinkAboutZoning - 900 feet West of York Road and North of Kern RoadORDINANCE No. 5976 -76 Passed by the Common Council of the City of South Bend, Indiana May 10 x976 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Ind'ana May 11 76 �9 Clerk of Common Council Clerk IRENE K. GAMMON GENERAL LOCATION— 900 feet west of York Road and north of Kern Road. APC initiated ORDINANCE NO. Sq -26 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA Be it enacted by the Common Council of the City of South Bend, Indiana, that: SECTION I Chapter 40 of the Municipal Code of South Bend, Indiana (South Bend City Zoning Ordinance No. 4990) be, and the same is hereby amended, supplemented and changed in Section 40 - 14 and Section 40 - 24 thereof to provide that the following described real estate located in the City of South Bend, Indiana, to -wit: Beginning at the intersection of the centerline of York Road and the north line of Section 6, T36N, R3E (a point on the present City Limits line); thence south 250 feet; thence west 1680 feet more or less to a point on the present City Limits line; thence northerly 290 feet along the present City Limits line to the southwest corner of Lot 67 in Kensington Farms Subdivision, Section 3, Part 2; thence northerly and easterly and southerly along the present City Limits line (which line is also the boundary line of Kensington Farms Subdivision, Section 3, Part 2) to the southeast corner of Lot 77 in Kensington Farms Subdivision, Section 3, Part 2; thence south 40 feet along the present City Limits line to the south line of Section 31, T37N, R3E; thence east along the south line of Section 31, T37N, R3E (which section line is also the present City Limits line) a distance of 927 feet more or less to the place of beginning, containing 29.4 acres, all in the southwest 1/4 of Section 31, T37N, R3E and the northwest 1/4 of Section 6, T36N, R3E, Centre Township, St. Joseph County, Indiana. be and the same hereby is changed in its Use District Regulation classification from "A" Residential, "No" Height and Area, to "A" Residential, "A" Height and Area. SECTION II This ordinance is to be in full force and effect from and after its enactment, the approval of the Mayor, and its publication according to law. SECTION III All prior ordinances affecting the above described tracts of land in conflict herewith are repealed. ls1 READING 4- D-? _-? �. PUBLIC HEARING S- 10 - _-) (� 2nd READING S 1 O- 2 b NOT APPROVED REFERRED PASSED 5-lo -7 �••- ' MEMBER OF THE COMMON COUNCIL FILED IN CLERK'S OFFICE APR 21 9976 Irene Gammon CITY CLERK, SOUTH BEND, IND. 3' AREA 7PLAN C OMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County -City Building South Bend, Indiana 46691 (219) 284 -9571 April 21, 1976 The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance initiated by the Area Plan Commmission to zone recently annexed land in Kensington Farms from "A" Residential, to "A" Residential, "A" Height and Area, property located 900 feet west of York Road, on the north and south sides of Kern Road, City of South Bend Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised April 3, and April 10, 1976. The Area Plan Commission gave it a public hearing April 20, 1976, at which time the following action was taken: "Upon a motion by Rollin Farrand, being seconded by Joseph Serge and unanimously carried, the petition initiated by the Area Plan Commission to zone recently annexed land in Kensington Farms from "All Residential, to "A" Residential, "A" Height and Area, property located 900 feet west of York Road, on the north and south sides of Kern Road, City of South Bend, is returned to the Common Council with a favorable recommendation, by the Area Plan Commission." 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 A.P.C. Staff Report. RSJ /cm attach. Very truly yours, FILED IN CLERK'S OFFICE Richard S. Johnson, Executive Director APR 2 1 i Irene Gammon CITY CLERK, SOUTR BEND, IND, Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN STAFF REPORT March 25, 1976 KENSINGTON FARMS ANNEXATION- -AREA PLAN COMMISSION INITIATED, 0447 -76 LOCATION - north side of Kern Road approximately 900 feet west of York Road. This area is known as Kensington Farms Subdivision, Section Three, Part Two. EXISTING ZONING OF THE SURROUNDING PROPERTY - the property to the west and north are currently zoned "A" Residen- tial and "A" Height and Area. The property to the east and south is currently zoned "A" Residential, "A" Height and Area and "R" Residential. The "R" Residential is that area still in the unincorporated portion of St. Joseph County. EXISTING LAND USE OF THE SURROUNDING PROPERTY - the property to the west, north and east is being used for single family houses, and the property to the south for single family houses and agricultural uses. SITE PLAN - the South Bend Zoning Ordinance does not require a site plan for land that is to be zoned "A" Residential. Therefore, the remaining items usually discussed in the Staff Report, such as drainage, parking, access, etc., will not be reviewed. AGENCY COMMENTS - Mr. Rollin Farrand, Director, Department of Public Works, said that this annexed area is a one - family residential area and should be rezoned in the City as single family residential. STAFF COMMENTS - this area was annexed by the Common Council on June 14, 1971, and was signed by the Mayor on June 21, 1971. The residents of the area then took the matter to court. Judge Seeley, St. Joseph Superior Court, decided in favor of the City on November 21, 1975, making the decision effective on March 1, 1976. The Area Plan Commission then initiated a petition to zone the area as required by the South Bend Zoning Ordinance. The Transportation and Land Use Plan has designated this area as Residential, Low Density. The rezoning and use of this property would be in conformance with this recommendation. 8/5/74 PETITION TO AMEND ZONING ORDINANCE (FOR OFFICIAL USE ONLY ) Application No. Date Filed with City Clerk or County Auditor Date Received by the Area Plan Commission NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR PRINTED IN INK.. READ THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF FORM. I (We), the undersigned, do hereby respectfully make application and petition the Common Council to amend the Zoning Ordinance of the City of South Bend. Indiana. as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at 900 feet west of York Road on the north and south sides of Kern Road. 2. The property is owned by various property owners, listed in the Area Plan Commission office (file #447 -76). 3. A legal description of the property is as follows:. Beginning at the intersection of the centerline of York Road and the north line of Section 6, T36N, R3E (a point on the present City Limits line); thence south 250 feet; thence west 1680 feet more or less to a point on the present City Limits line; thence northerly 290 feet along the present City Limits line to the southwest corner of Lot 67 in Kensington Farms Subdivision, Section 3, Part 2; thence northerly and easterly and southerly along the present City Limits line (which line is also the boundary line of Kensington Farms Subdivision, Section 3, Part 2) to the southeast corner of Lot 77 in Kensington Farms Subdivision, Section 3, Part 2; thence south 40 feet along the present City Limits line to the south line of Section 31, T37N, R3E; thence east along the south line of Section 31, T37N, R3E (which section line is also the present City Limits line) a distance of 927 feet more or less to the place of beginning, containing 29.4 acres, all in the southwest 1/4 of Section 31, T37N, R3E and the northwest 1/4 of Section 6, T36N, R3E, Centre Township, St. Joseph County, Indiana. (CONTINUE ON THE REVERSE SIDE, IF NECESSARY) 8/5/74 4. It is desired and requested that the foregoing property be rezoned From_ "All Residential Use and No Height and Area District To "A° Residential Use and "AT Height and Area District 5. It is proposed that the property will be put to the following use and the following building (s) will be constructed (include number of dwelling units if residential) Existing uses will °remain. 6. Number of off- street parking spaces to be provided. Not applicable. 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) ;tames and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan. Area Plan Commission of St Joseph County Signature of Petitioner (s) 1140 County -City Building Address South Bend, Indiana 46601 Petition Prepared By Richard S. Johnson Executive Director Area Plan Commission (gvm tttbee arvart ilia tke Mommon Coma of tke (Mg of 00o14 Eno: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (900 feetoest of York Road and north of Kern Road. Respectfully report that they have examined the matter and that in their opinion This ORDINANCE be recommended favorably to the Common Council. Frank Horvath Chairman FR 8[ IR EBi pI1BL1[NIN6 CO.