HomeMy WebLinkAboutAnnexation - 25,500 Block of Old Cleveland Road - BW Business Park LLCORDINANCE No.
9197-01
Passed by the Common Council of the City of South Bend, Indiana
February 26,
Attest:
Attest:
01
20
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
F ri is i 76., 20 ~'
City Clerk
Approved and signed by me March 1, 20 O1
Mayor
11/6/00 ~ ~ ~ ~O
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING
WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND
AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND
IN WARREN TOWNSHIP CONTIGUOUS THEREWITH;
(BW BUSINESS PARK LLC, AN INDIANA LIMITED LIABILITY CO.)
(25,500 BLOCK OF OLD CLEVELAND ROAD
SOUTH BEND, INDIANA 46628)
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 4.72
acres located in Warren Township, St. Joseph County, Indiana, has been
filed by either fifty-one percent (51%) of the owners of the land in
the territory sought to be annexed and zoned, or the owners of seventy-
five percent (75~) of the total assessed value of the land for property
tax purposes. It is the intent and purpose of the Ordinance to annex
this territory to the City of South Bend, Indiana, and to establish a
zoning district for this territory.
THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA AS FOLLOWS:
SECTION I. That the following described real estate situated in St.
Joseph County, Indiana, being contiguous by more than one-eight (1/8)
of its aggregate external boundaries with the present boundaries of--the
City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 38 NORTH,
RANGE 1 EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF LOT # 1 OF THE
PLAT OF "GIBB'S OLIVE ROAD MINOR SUBDIVISION" WHICH IS RECORDED AS
DOCUMENT NO. 0026450 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDER'S OFFICE, WHICH POINT IS S. 00°-11'-35" W., 1234.38 FT. MORE
OR LESS (REC. S. 00° -11'-18" W., 1233.76 FT. MORE OR LESS) FROM THE
EAST QUARTER POST OF SAID SECTION 24; THENCE S. 00°-11'-35" W. (REC. S.
00° -11'-18" W.) ALONG SAID WEST LINE, 77.86 FT. MORE OR LESS; THENCE N.
89° -27'-12" W., 1865.95 FT. MORE OR LESS TO THE NORTHEAST OF A PARCEL
OF GROUND KNOWN AS TAX IDENTIFICATION NO. 21-1036-059004 IN THE RECORDS
OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 81°-17'-
18" W. ALONG THE NORTH LINE OF SAID PARCEL, 103.20 FT. MORE OR LESS
(REC. WE5T, 100.00 FT.) TO THE NORTHEAST CORNER OF A PARCEL OF'GROUND
KNOWN AS TAX IDENTIFICATION NO. 21-1036-0590 IN THE RECORDS OF THE ST.
JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 89°-27'-12" W. ALONG
THE NORTH LINE OF SAID PARCEL AND A PARCEL OF GROUND KNOWN AS TAX
IDENTIFICATION NO. 21-1036-059003 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA AUDITOR'S OFFICE, 706.79 FT. MORE OR LESS (REC. WEST
703.00 FT. MORE OR LESS) TO THE NORTH AND SOUTH QUARTER LINE OF SAID
SECTION 24; THENCE N. 00 -08'-24" E. ALONG SAID QUARTER LINE, 69.56 FT.
MORE OR LESS TO THE SOUTH LINE OF PREVIOUSLY ANNEXED PARCEL OF GROUND
DESCRIBED IN CITY OF SOUTH BEND, INDIANA, ORDINANCE NO. 9128-00; THENCE
S. 89°-19'-02" E. ALONG THE SOUTH LINE OF SAID PARCEL, 2674.91 FT. MORE
2
OR LESS (REC. 2674.83 FT. MORE OR LESS) TO THE WEST LINE OF THE PLAT OF
"GIBB'S OLIVE ROAD MINOR SUBDIVISION" WHICH IS RECORDED AS DOCUMENT NO.
0026450 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S
OFFICE AND THE POINT OF BEGINNING.
CONTAINING 4.72 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. That the boundaries of
shall be and are hereby declared to
real estate of the above described
South Bend, Indiana.
the City of South Bend, Indiana,
be extended so as to include the
parcel as a part of the City of
SECTION III. 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 above described real estate, with the exception
of all adjacent rights-of-way, is hereby established as "IP" Industrial
Park District in the City of South Bend, St. Joseph County, State of
Indiana; provided, however, that the required, established, and stated
procedures for review of such zoning classification by the Area Plan
Commission have been fully satisfied.
SECTION IV. That the above described real estate shall be and hereby
is assigned to the 1st Councilmanic District of the City of South
Bend, Indiana.
SECTION V. This Ordinance shall be in full force and effect 90 days
from and after its passage by the Common Council, approval by the
Mayor, and legal publication.
MEMBER OF THE COMMON C~UN 7L
1st READING ~ 2 ~ 1 g ~ ~
PUBLIC HEARING ~~LZ~O ~
3rd READING ~-2-x-4
NOT APPROVED
REFERRED /-~•~P~ IZ"~`~"00
PASSED 'L_Z~-4
F11ed In Clerft's Office
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CITY C9,E~ft, ~9. ElEtuiD, tA±.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
129-00 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE
CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE
ZONING ORDINANCE FOR CERTAIN LAND IN WARREN
TOWNSHIP CONTIGUOUS THEREWITH; (BW BUSINESS PARK
LLC, AN INDIANA LIMITED LIABILITY CO.) 25,500 BLOCK OF
OLD CLEVELAND ROAD, SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill is being
recommended to the full Council with a favorable recommendation
Andrew Udj ak
Chairman
11/6/00
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 38 NORTH,
RANGE 1 EAST, WARREN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF LOT # 1 OF THE
PLAT OF "GIBB'S OLIVE ROAD MINOR SUBDIVISION" WHICH IS RECORDED AS
DOCUMENT NO. 0026450 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDER'S OFFICE, WHICH POINT IS S. 00°-11'-35" W., 1234.38 FT. MORE
OR LESS (REC. S. 00° -11'-18" W., 1233.76 FT. MORE OR LESS) FROM THE
EAST QUARTER POST OF SAID SECTION 24; THENCE S. QO°-11'-35" W. (REC. S.
00° -11'-18" W.) ALONG SAID WEST LINE, 77.86 FT. MORE OR LESS; THENCE N.
89° -27'-12" W., 1865.95 FT. MORE OR LESS TO THE NORTHEAST OF A PARCEL
OF GROUND KNOWN AS TAX IDENTIFICATION NO. 21-1036-059004 IN THE RECORDS
OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 81°-17'-
18" W. ALONG THE NORTH LINE OF SAID PARCEL, 103.20 FT. MORE OR LESS
(REC. WEST, 100.00 FT.) TO THE NORTHEAST CORNER OF A PARCEL OF GROUND
KNOWN AS TAX IDENTIFICATION NO. 21-1036-0590 IN THE RECORDS OF THE ST.
JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 89°-27'-12" W. ALONG
THE NORTH LINE OF SAID PARCEL AND A PARCEL OF GROUND KNOWN AS TAX
IDENTIFICATION NO. 21-1036-059003 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA AUDITOR'S OFFICE, 706.79 FT. MORE OR LESS (REC. WEST
703.00 FT. MORE OR LESS) TO THE NORTH AND SOUTH QUARTER LINE OF SAID
SECTION 24; THENCE N. 00°-08'-24" E. ALONG SAID QUARTER LINE, 69.56 FT.
MORE OR LESS TO THE SOUTH LINE OF PREVIOUSLY ANNEXED PARCEL OF GROUND
DESCRIBED IN CITY OF SOUTH BEND, INDIANA, ORDINANCE NO. 9128-00; THENCE
S. 89°-19'-02" E. ALONG THE SOUTH LINE OF SAID PARCEL, 2674.91 FT. MORE
OR LESS (REC. 2674.83 FT. MORE OR LESS) TO THE WEST LINE OF THE PLAT OF
"GIBB'S OLIVE ROAD MINOR SUBDIVISION" WHICH IS RECORDED AS DOCUMENT NO.
0026450 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S
OFFICE AND THE POINT OF BEGINNING.
CONTAINING 4.72 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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11/6/00
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
We the undersigned, make application to the Common Council of the City
of South Bend, Indiana, for the voluntary annexation of land to the
City of South Bend, Indiana, and for the zoning of that land in Warren
Township, St. Joseph County, Indiana, and in support of which Petition
allege(s) and affirm(s) as follows:
1). We are the owner(s) {hereinafter "petitioners") of a parcel of
land more particularly described
in Exhibit "A".
2). Petitioner(s) desire that the parcel be annexed to the City of
South Bend, Indiana, and be granted a zoning designation as
herein requested, both by proper ordinance.
3). That this Petition is signed by at least (CHECK ONE):
X a. fifty-one percent (51%) of the owners of the land in
the territory sought to be annexed;
OR
b. the owners of seventy-five (75%) of the total
assessed value of the land for property tax
purposes.
4). The property sought to be annexed and rezoned is located at:
25,500 Block of Old Cleveland Road
South Bend, Indiana 46628
5). That the name and address of the property owner(s) of the
petition site is:
BW Business Park LLC, an Indiana Limited Liability Co.
777 West Chippewa Ave.
South Bend, Indiana 46614
6). That the name and address of the contingent purchaser(s), if
_ applicable, is:
N/A
7). The parcel is 4.72+/- acres in size and currently has the
following use(s) on it: Vacant.
8). It is desired and requested that the petition size be rezoned
From: "R" Residential (County Zoning)
To: "IP" Industrial Park District
for the following uses: Industrial Uses.
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9). The following information has
Petition:
a). 1. A legal description of
nAn~
2. A list of names and ads
along with the tax key
within 300 feet of the
2
been submitted with the.
the property, titled as Exhibit
tresses of .all property owners,
numbers for all properties,
petition property;
3. Six (6) site plans;
4. Addressed, stamped envelopes for all property owners
within 300 feet of the petitioh property.
b). By signing this petition, I and any contingent purchaser
understand that if the Council approves this petition to
annex and zone, it may be approved subject to the
submittal of a final site plan. A final site plan must be
submitted to and approved by the Area Plan Commission
within one (1) year of the Council's action. In addition,
a building permit must be issued for the use indicated on
the petition within one year following the approval of the
final site plan. .Failure to submit a final site glan or
obtain a building permit within the specified time period,
causes the zoning of the petitioned property to revert to
the "A" Residential, "A" Height & Area zoning
classification. Under certain conditions, a time
extension on the submittal of the final site plan may be
requested.
10). The signature(s) of all property owner(s), or Attorney for
all property owner(s)
Signed: `rr~--
Thomas Veldman - President
Address: BW Business Park LLC, an Indiana Limited Liability Co.
777 West Chippewa Ave.
South Bend, Indiana 46614
Phone Number: (219) 287-2316
li). Name, Address & Phone Number of Contact Person/Preparer:
Danch, Harner & Associates, Inc.
C/O Michael Danch
3231 Sugar Maple Court
South Bend, Indiana 46628 (219) 234-4003.
filed in Ci®rlc's O~fic~
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Property Owners
000544
James Kidder
750 Old Count3~ Road #553
Gwinn, MI 49841
Tax Key #04 1011 0187
Dennis & Janice Woodcox
25361 Cleveland Road
South Bend, IN 46628
Tax Key #21 1036 059002
Olive South Bend LLC
2235 Faraday Avenue, Suite 0
Carlsbad, CA 92008
Tax Key #25 1011 018601
Miller Family Irrevocable Trust
P.O. Box229
Granger, Indiana 46530
Tax Key #21-1036-0589
Leo Sims & Pasqua Dipinto
25471 Cleveland Road
South Bend, IN 46628
Tax Key #21 1036 059003
James & Barbara Kidder
750 Old County Road 553
Gwinn, MI 49841
Tax Key #21 1036 059001
Olive South Bend LLC
2235 Faraday Avenue, Suite 0
Carlsbad, CA 92008
Tax Key #25 1011 0186
Leo Sims & Pasqua Dipinto Hoil'man
25471 Cleveland Road
South Bend, IN 46628
Tax Key #21 1036 0590
James & Barbara Kidder
750 Old County Road 553
Gwinn, MI 49841
Tax Key #21 1037 0594
BW Business Park LLC
An Indiana Limited Liability Co.
777 West Chippewa Ave.
South Bend, IN 46614
Tax Key # 21-1036-0590.01
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MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
DANIEL W. AKIN, P.E., L.S.
Land Surveyors Professional Engineers
Landscape Architects Land Planners
Honorable Members of the City of November 6, 2000
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Rezoning Petition for BW Business Park LLC for
the 25,500 Block of Cleveland Road, South Bend, Indiana:
Dear Council Members:
Our clients are requesting the Annexation and Rezoning of their 4.72
acre vacant parcel located in the 25,500 Block of Cleveland Road, South
Bend, Indiana. This Annexation and Rezoning is being requested to add
4.72 more acres to a proposed Industrial Park which was recently
annexed to the city a few months ago. The vacant parcel is proposed to
be rezoned to the city's "IP" Industrial Park classification.
Our clients believe the proposed Annexation and Rezoning will be
compliment to the existing industrial development in this portion of
South Bend.
If you have any questions concerning this matter, please feel free to
give me a call at 234-4003.
Sincerely,
Michael J. Danch
President
Danch, Harner & Associates, Inc.
File # 000330.1 Lewp Md Disk # 116
Filed In Cler~~'s ~~~iCe
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L06~."•TTA J. Ddb
OrfYCLEF;~. tom. E~t~, iQY...
3231 Sugar Maple Court South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103
offer 219/234-4003 ^ 800/594-4003 ^ Fay 2191234-4119 0~~» 6161471-3010 . F~ 6161471-7237
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N. SEC. 24,
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Prevloultly Annexed Land by Ordinance No. 9128.00
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P.O.B.ANNEXATION6 ~-------~®a bpi'-----
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SURVEY ORDERED BY: gyy Business Park LLC
SURVEY DATED: 11 /6/00
PROJECT NO.: 000330.1
REZONING GUIDELINES FOR A PORTION OF ANNEXATION PLAN
A PART OF THE SOUTHEAST QUARTER OF SECTION 24. T. 38 N., R. 1 E.,
WARREN TOWNSHIP ST. JOSEPH COUNTY INDWNA
GENERAL REZONING RESTRICTIONS
GENERAL TABULATED SITE DATA
FOR "IP" INDUSTRIAL PARK USES
1). ACREAGE OF SITE ....................................... 4.72 ACRES
2). PROPOSED LAND USES:
A. USES ALLOWED UNDER "IP" INDUSTRIAL PARK ZONING.
3). PROPOSED LAND COVERAGE:
A. MAXIMUM BUILDING COVERAGE = 70~ OF SITE;
B. MAXIMUM BUILDING HEIGHT = 50 FT.;
C. MINIMUM FRONT YARD SETBACK = 40 FT.;
MINIMUM SIDE YARD SETBACK = 20 FT.;
MINIMUM REAR YARD SETBACK = 20 FT,;
D. MINIMUM LOT WIDTH = 35 FT.;
E. SCREENING REQUIREMENT AS PER SECTIONS 21-34.5.4 (g), (h).
F. PARKING AND LOADING REQUIREMENTS PER SECTION 21-34.5.5
4). ALL PARKING SPACES ARE TO BE 9'x 20', EXCEPT HANDICAP WHICH WILL BE
12'x20'. ALL ENTRANCES WILL HAVE A RAMPED SIDEWALK FROM PARKING
AREA FOR HANDICAP ACCESSIBILITY.
5). SURFACE RUN-OFF AND DRAINAGE TO BE HANDLED THROUGH THE USE OF
DRYWELLS AND/ OR RETENTION BASIN(S) LOCATED ON-SITE. PRESENT MINIMUM
DRAINAGE REQUIREMENTS SHALL NOT BE LESS THAN 30 GALLONS OF CAPACITY
PER EACH 100 SQ.FT. OF IMPERVIOUS SURFACE LOCATED ON-SITE.
6). ALL BUILDINGS SHALL BE CONNECTED TO MUNICIPAL WATER & SANITARY SEWER
UTILITIES.
7). ALL REQUIRED LANDSCAPE SCREENING/BUFFERS SHALL MEET THE LATEST
CITY OF SOUTH BEND ZONING ORDINANCE STANDARDS.
8). ALL SIGNAGE SHALL MEET THE LATEST CITY OF SOUTH BEND ZONING ORDINANCE
STANDARDS.
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LOA:TTA J. CL~J:,
lt~C QNI~@M ~ DOOC at@0, I~
Land Surveyors Professional Engineers 2
Landscape Architects• Land Planners
Office: (219)234-4003 / (800)594-4003 Fax: (219)234-4119
3231 Sugar Mapie Court South Bend, IN 46628
Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante
Executive Director
Phone 219 235-9571
January 17, 2001
The Honorable Common Council
City of South Bend
County City Bldg. - 4th Floor
South 33end, IN 46601
John W. Byorni
Assistant Director
Fax 219 235-9813
RE: A proposed ordinance and site development plan of BW Business Park LLC to zone from "R"
Residential (County Zoning) to "IP" Industrial Park District, property located at 15,500 block of
Old Cleveland Road, City of South Bend - APC #2034-00
Dear Council Members:
The above referenced ordinance and site development.plan of BW Business Park LLC was legally
advertised Janu 4, 2001. The Area Plan Commission at its public hearing on January 16,
2001, took the flowing action:
Upon a motion by John McNamara, .being seconded by Phil Suttoa and unanimously carried, the
proposed ordinance and site development plan of BW Business Park LLC to zone from "R"
esidential (County Zoning) to "IP Industrial Park District, property located at 15,500 block of
Old Cleveland Road City of South Bend is sent to the Common Council with a favorable
recommendation, su~'ect to a final site development plan. The proposed rezoning to "IP"
Industrial Park woul~ be an extension of the recently annexed property to the north which was not
included in the original annexation.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the minutes of the public heanng, 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.
Si er ly
~~~~~
obert W. ante
RWS:sr
Attachment
CC: BW Business Park LLC
CC: Danch, Hamer & Associates, Inc.
J~a~~ ~ r '1~'~
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
STAFF REPORT January 8, 2001
BW Business Park LLC 2034-00
Location: 15,500 block of Old Cleveland
Road
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "R" Residential (County Zoning) to "IP"
Industrial Park District to allow industrial
uses.
EXISTING LAND USE:
The property is currently vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north and east is vacant land
zoned "IP" Industrial Park, and to the south
and west is farmland and single-family homes
zoned "R" Residential.
ACCESS: Access to the site is from Olive Road through
the property to the east.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer will be provided to the site.
DRAINAGE: The drainage has not been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 4.72 acres.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, flood hazards, wetlands or
environmental hazard areas are present.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS:
PRELIMINARY
STAFF RECOMMENDATION: Based on information available prior to the
public hearing, the staff recommends that this
petition be sent to the Common Council with a
favorable recommendation, subject to a final
site plan. The proposed rezoning to "IP"
Industrial Park would be an extension of the
recently annexed property to the north which
was not included in the original annexation.
REZONING FROM: 'R' RESIDENTIAL
TOE 'IP' INDUSTRIAL PARK DISTRICT
SOUTH BEND EXISTING ZONING PETITION AREA
'D' LIGHT INDUSTRIAL D "
'IP' INDUSTRIAL PARK O
ST JOSEPH .COUNTY EXISTING ZONING
'A' AGRICULTURE
'M' MANUFACTURING
'R' RESIDENTIAL
APC # 2034-00
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