HomeMy WebLinkAboutAnnexation - 25,500 Block of Old Cleveland Road - James & Barbara Kidderl
ORDINANCE No.
9128-00
Passed by the Common Council of the City of South Bend, Indiana
August 28,
Attest:
Attest:
Q ,~
00
20
Presented by me to the Mayor of the City of Soutlr Bend, Indiana
_ August 29, 20 00
Ciry Clerk
President of Common Council
City Clerk
Approved and signed by me August 2~, 20 00
Mayor
..... .
REVISED 7/18/2000
ORDINANCE NO. ~ ~ 2~- aO
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 AND GERMAN TOWNSHIPS CONTIGUOUS THEREWITH;
(JAMES & BARBARA KIDDER)
(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 106.22
acres located in Warren & German Townships, 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 (75a) 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 NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 24,
TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP, AND THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP
ALL IN ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT
THE EAST QUARTER POST OF SAID SECTION 24; THENCE N. 00°-20'-57" E.,
70.27 FT. MORE OR LESS ALONG THE NORTH AND SOUTH QUARTER LINE OF SAID
SECTION 24 AND THE WEST LINE OF LOT # 3 OF THE PLAT OF "KIDDER'S OLIVE
ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9818752 IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE INDIANA EAST-WEST TOLL ROAD; THENCE
N. 89° -47'-29" E. ALONG THE SOUTHERLY LINE OF SAID TOLL ROAD AND ITS
EASTERLY EXTENSION, 1119.37 FT. TO THE EAST LINE OF OLIVE ROAD; THENCE
N. 00° -52'-04" W. (ASSUMED BEARING), 300.00 FT. MORE OR LESS TO THE
INTERSECTION OF SAID EAST LINE WITH THE NORTHERLY LINE OF SAID TOLL
ROAD; THENCE S. 89°-20'-23" W. ALONG SAID NORTHERLY LINE, 3795.28 FT.
MORE OR LESS TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE NORTH
AND SOUTH QUARTER LINE OF SAID SECTION 24; THENCE S. 00°-08'-51" W.,
1603.00 FT. MORE OR LESS; THENCE S. 89°-19'-02" E., 2674.83 FT. MORE OR
LESS TO THE WEST LINE OF SAID LOT # 3; THENCE ALONG THE WEST LINE OF
SAID LOT # 3, N. 00°-11'-18" E., 1233.76 FT. MORE OR LESS TO THE POINT
OF BEGINNING.
CONTAINING 106.22 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
SECTION II. That the boundaries of the City of South Bend, Indiana,
shall be and are hereby declared to be extended so as to include the
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real estate of the above described parcel as a part of the City of
South Bend, Indiana.
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.
r
MEMBER OF THE CO O COUNCIL
1st READING S-$' 00
PUBLIC HEARING ~_L~-~t~ dS .C~,~i~~+,~ts.~
3rd READING g-Zg-Op a,S SvbS-~~-~„~e~
NOT APPROVED
REFERRED ``
PASSED y -Lg .OZ} ct,s S c~bS3-~-~~
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CITY CLIR~, Cw.l. LJS'.y ~y~ t,~.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
40-00 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; (JAMES & BARBARA
KIDDER) 25,500 BLOCK OF OLD CLEVELAND ROAD SOUTH
BEND, INDIANA 46628
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 as substituted..
Andrew Udj ak
Chairman
Revised 7/18/2000
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 24,
TOWNSHIP 38 NORTH, RANGE 1 EAST, WARREN TOWNSHIP, AND THE NORTHWEST
QUARTER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP
ALL IN ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT
THE EAST QUARTER POST OF SAID SECTION 24; THENCE N. 00°-20'-57" E.,
70.27 FT. MORE OR LESS ALONG THE NORTH AND SOUTH QUARTER LINE OF SAID
SECTION 24 AND THE WEST LINE OF LOT # 3 OF THE PLAT OF "KIDDER'S OLIVE
ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 9818752 IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE TO THE
SOUTHERLY RIGHT-OF-WAY LINE OF THE INDIANA EAST-WEST TOLL ROAD; THENCE
N. 89 ° -47'-29" E. ALONG THE SOUTHERLY LINE OF SAID TOLL ROAD AND ITS
EASTERLY EXTENSION, 1119.37 FT. TO THE EAST LINE OF OLIVE ROAD; THENCE
N. 00° -52'-04" W. (ASSUMED BEARING), 300.00 FT. MORE OR LESS TO THE
INTERSECTION OF SAID EAST LINE WITH THE NORTHERLY LINE OF SAID TOLL
ROAD; THENCE S. 89°-20'-23" W. ALONG SAID NORTHERLY LINE, 3795.28 FT.
MORE OR LESS TO THE INTERSECTION OF SAID NORTHERLY LINE WITH THE NORTH
AND SOUTH QUARTER LINE OF SAID SECTION 24; THENCE S. 00°-08'-51" W.,
1603.00 FT. MORE OR LESS; THENCE S. 89°-19'-02" E., 2674.83 FT. MORE OR
LESS TO THE WEST LINE OF SAID LOT # 3; THENCE ALONG THE WEST LINE OF
SAID LOT # 3, N. 00°-11'-18" E., 1233.76 FT. MORE OR LESS TO THE POINT
OF BEGINNING.
CONTAINING 106.22 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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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 (510) 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:
James H. Kidder & Barbara K. Kidder
750 Old Country Road 553
Gwinn, Michigan 49841
6). That the name and address of the contingent purchaser(s), if
applicable, is:
BW Business Park LLC
777 West Chippewa Ave.
South Bend, Indiana 46614
7). The parcel is 82.6 +~- 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: "D" Light Industrial, "A" Height & Area
for the following uses: Industrial Uses.
Filed !~'i'~t'~ ~~fi~~
h~~~' 0 ~ 2000
LOR~TiA J. DU~~+
CCfY CLGFt,C. v0. E3~!s~, t. t,
Apr-25-00 O4c57P Danch, Harner & Assoc_ 219 234 4119 P_O3
9). The following information has
Petition:
a). 1. A legal description of
nA~r
2. A list of names and ads
along with the tax key
within 300 feet of the
3. Six (6) site plans;
2
been submitted with the
the property, titled as Exhibit
3resses of all property owners,
numbers for all properties,
petition property;
4. Addressed, stamped envelopes for all property owners
within 300 feet of the petition 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 plan 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- ~~c-`~~~ ~' ~`~'`_°(~'``~
. J s H. Kidder Barbara K. Kidder
Address: 750 Old Country Road 553
Gwinn, Michigan 49841
Phone Number: (219) 255-5858
11). Name, Address & Phone Number of Contact Person/Prepares:
Danch, Harner & Associates, Inc.
C/O Michael Danch
3231 Sugar Maple Court
South Bend, Indiana 46628 (219) 234-4003.
~,~Y O ~ 20C~f.1 f
~' Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante
Executive Director
John W. Byorni
Assistant Director
Phone 219 235-9571
June 21, 2000
The Honorable Common Council
City of South Bend
County City Bldg. - 4th Floor
South Bend, IN 46601
Fax 219 235-9813
RE: A ~pproposed ordinance and site development flan of James H. and Barbara K. Kidder to zone
from "R" Residential to "D" Light Industrial, "A ' Hei ht and Area, property located at 25500
block of Old Cleveland Road, City of South Bend - AI~C #1989-00
Dear Council Members:
The above referenced ordinance and site develo ment~plan of James H. and Barbara K. Kidder
was legally advertised June 8, 2000. The Area~lan Commission at its public hearing on June 20,
2000, took the following action:
Upon a motion by Gerry Phipps, being seconded by Karl King and carried, the proposed
ordinance and site development plan of James H. and Barbara K. Kidder to zone from "R"
Residential to "IP" Industrial Park, property located at 25500 block of Old Cleveland Road, City
of South Bend is sent to the Common Counc>tl with a favorable recommendation, subject to a final
site development plan. The latest draft of the Blackthorn Economic Development Area Phase II
Master Plan shows this property as an industrial park. Because of the proximity of residential
developments, this property should be developed under the stricter guidelines of the "IP"
Industrial Park zone.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that
used for the Common Council's first reading. The amended Ordinance was the Ordinance legally
advertised and heard by the Area Plan Commission.
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 e ,
obert ant
RWS:sr
Attachment
CC: James H. and Barbara K. Kidder
CC: BW Business Park LLC
CC: Danch, Hamer & Associates
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J 11 ~~~ ~ ~ 200
Lo~:~r~ra ~. ~~JJl9
CITYC1.Er:':,w~}.t:°iy~.i:'3-
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
STAFF REPORT June 12, 2000
James H. and Barbara K. Kidder 1989-00
Location: 25,500 blo ck of Old 'Cleveland
Road
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "R" Residential to "D" Light Industrial,
"A" Height and Area to allow Industrial Uses.
EXISTING LAND USE: The property is currently vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north is farmland zoned "R"
Residential; to the west and south is farmland
and single family homes zoned "R" Residential
and to the east is farmland zoned "D" Light
Industrial, "A" Height and Area.
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 82.6 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 if
this petition is amended to change the zoning
to "IP" Industrial Park that will be sent to
the Common Council with a favorable
recommendation. The latest draft of the
Blackthorn Economic Development Area Phase II
Master Plan shows this property developed as
an industrial park. Because of the proximity
of residential developments, this property
should be developed under the stricter
guidelines of the "IP" Industrial Park zone.
If the petitioner is not willing to amend the
petition, the staff recommends sending it to
the Common Council with an unfavorable
recommendation.
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REZ^NING FR^MI 'R' RESIDENTIAL
T^; 'D' LIGHT INDUSTRIAL, 'A' HEIGHT & AREA
S^UTH BEND EXISTING Z^NING PETITI^N AREA
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