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HomeMy WebLinkAboutAnnexation - Northeast corner or Ireland & Ironwood Road - Voco, IncORDINANCE No. 9129-00 Passed by the Common Council of the Ciry of South Bend, Indiana August 28, 00 Attest: Attest: ~ ~ _~ Presented by me to the Mayor of the City of South Bend, Indiana August 29, 20 00 City Clerk President of Common Council Ciry Clerk Approved and signed by me August 29, 20 00 Mayor 20 ORDINANCE NO..~? ~~ O V 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 PENN TOWNSHIP CONTIGUOUS THEREWITH; (VOCO, INC.) (NORTHEAST CORNER OF IRELAND ROAD & IRONWOOD ROAD SOUTH BEND, INDIANA 46614) STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of acres located in Penn 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 NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EXISTING MUNICIPAL CORPORATE LIMIT LINE WHICH IS N. 89°-49'-19" E., 165.00 FT. MORE OR LESS FROM A POINT ON THE WEST LINE OF SAID SECTION 29, WHICH POINT IS S. 00°-00'- 00" W., 1969.76 FT. FROM THE NORTHWEST CORNER OF SAID SECTION 29; THENCE N. 89°-49'-19" E. ALONG SAID CORPORATE LIMIT LINE, 827.88 FT. TO THE WEST LINE OF A PARCEL OF GROUND OWNED BY EDWARD ROSE OF INDIANA AND KNOWN AS TAX KEY N0. 26-1034-0578.01 IN THE RECORDS OF THE AUDITOR OF ST. JOSEPH COUNTY, INDIANA; THENCE S. 00~-05'-50" E. ALONG SAID WEST LINE AND ITS SOUTHERLY EXTENSION, 678.87 FT. MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE OF IRELAND ROAD; THENCE S. 89°-57'-24" W. ALONG SAID SOUTH LINE, 652.57 FT. MORE OR LESS TO THE EXISTING CORPORATE LINE OF THE CITY OF SOUTH BEND; THENCE ALONG SAID CORPORATE LINE, N. 00°-08'- 23" E., 70.00 FT. MORE OR LESS TO THE NORTH LINE OF IRELAND ROAD; THENCE S. 89°-57'-24" W., 300.96 FT. MORE OR LESS ALONG SAID NORTH LINE OF IRELAND ROAD AND ITS WESTERLY EXTENSION AND SAID CORPORATE LINE OF THE CITY OF SOUTH BEND TO A POINT OF INTERSECTION WITH THE EAST LINE OF IRONWOOD ROAD EXTENDED SOUTH; THENCE CONTINUING ALONG SAID CORPORATE LINE AND THE EAST LINE OF IRONWOOD ROAD AND ITS SOUTHERLY EXTENSION, N. 00° -00'-00" E., 325.00 FT. MORE OR LESS; THENCE CONTINUING ALONG SAID CORPORATE LINE FOR THE NEXT TWO COURSES, N. 90°-00'-00" E., 125.00 FT. MORE OR LESS AND N. 00~-00'-00" E., 300 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 13.37 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 2 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 "C" COMMERCIAL !'A" Height and Area 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 FIFTH 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. c MEMBER OF THE CO N OUNCIL l.I~~b- 00 as Suns-~-~~w'Ia~ 1st READIIIC~ PUBLIC HEARIaCs 1- L~1- 00 -Z~-r~ Su~s~-~vjtt 3 rd READING ~_2 g_p~ G S $ ~~s~-~~Q~ NOT APPROVED REFERRED PAS56D ~-z,$-o~ as S~~s`~~~-~~ - ------------ Ftted In Cte~at'~ Cfftc€ APB i ~ 20~~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 37-00 THIRD READING ON 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, CERTAIN LAND IN PENN TOWNSHIP CONTIGUOUS THEREWITH; VOCO, INC. PETITION 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 Apr-26-00 10:14A DancFi, Harner & Assoc. 219 234 4119 P.04 EXHIBIT "A" ~~ LEGAL DESCRIPTION THAT PART OF THE 'NORTHWEST QUARTER OF'i~~SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EXISTING MUNICIPAL CORPORATE LIMIT LINE WHICH; IS N. 89 -49'-19" E., 165.00 FT. MORE OR LESS FROM A POINT ON THE WEST LINE OF SAID SECTION'29, WHICH'POINT IS S. 00 -00'- 00" W., 1969.76 FT. FROM THE NORTHWEST CORNER OF SAID SECTION 29; THENCE N. 89 -49'-19" E. ALONG SAID CORPORATE LIMIT LINE, 827.88 FT. TO THE WEST LINE OF A PARCEL OF GROUND OWNED BY EDWARD ROSE OF INDIANA AND KNOWN AS TAX KEY NO. 26-1034-0578.01 IN THE RECORDS OF THE AUDITOR OF ST. JOSEPH COUNTY, INDIANA; TF~tENCE S. 00 -05'-50" E. ALONG SAID WEST LINE AND ITS SOUTHERLY EXTENSION, 678.87 FT. MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE OF IRELAND ROAD; THENCE S. 89 -57'-24" W. ALONG SAID SOUTH LINE, 652.57 FT. MORE OR LES5 TO THE EXISTING CORPORATE LINE OF THE CITY OF SOUTH BEND; THENCE ALONG SAID CORPORATE LINE, N. 00 -08'- 23" E., 70.00 FT. MORE OR LESS TO THE NORTH LINE OF IRELAND ROAD; THENCE S. 89 -57'-24" W., 300.96 FT. MORE OR LESS ALONG SAID NORTH LINE OF IRELAND ROAD AND ITS WESTERLY EXTENSION AND SAID CORPORATE LINE OF THE CITY OF SOUTH BEND TO A POINT OF INTERSECTION WITH THE EAST LINE OF IRONWOOD ROAD EXTENDED SOUTH; THENCE CONTINUING ALONG SAID CORPORATE LINE AND THE EAST LINE OF IRONWOOD ROAD AND ITS SOUTHERLY EXTENSION, N. 00 -00'-00" E., 325.00 FT. MORE OR LESS; THENCE CONTINUING ALONG SAID CORPORATE LINE FOR THE NEXT TWO COURSES, N. 90 -00'-00" E., 125.00 FT. MORE OR LESS AND N. 00 -00'-00" E., 300 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 13.37 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~1l~~ ~~ ~~~r~c'v ~~iac~ MAY 0 ~ 200[l ~o~,~rr,~ ~. atom cmrc~Ee~~t, ~o. ©~~^a, ono. Apr-26-00 10:13A Danch, Harner & Assoc. 219 234 4119 P.OZ Revised 4/24/2000 , 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 Penn 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 and 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): ~_ 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: Northeast Corner of Ironwood Road & Ireland Road South Hend, Indiana 46614 5). That the name and address of the property owner(s) of the petition site is: Voco, Inc. C/O George Coquillard P.O. Box 1973 Ponte Verda, FL 32004 6). That the name and address of the contingent purchaser(s), if applicable, is: N/A 7). The parcel is 13.37 +/- acres in site 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: "C" Commercial, "A" Height & Area for the following uses: Reta~ u.~~, R,estaurant w/drive through windQ~,, a,~c~ Carwash Faci 1 ~ ty, etc F11~t~ d~ ~l~r~~'~ ~flC~ MAY 0 ~ 2000 ~o,~TT~~. au~r, CITY CLERY~ ~O. [3rti~,1#d. Apr-26-00 10:13A Danch, Harner & Assoc. 219 234 4119 P.03 2 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit wAn. 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 3. Six (6) site plans; 4. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. ' .P. ~ ; 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 : s•- Ge ge quillard for VOCO, Inc. Address: P.O. Box 1973 Ponte Verda, FL 32004 Phone Number: (904) 285-2345 ,`, 11). Name, Address & Phone Number of Contact Person~Preparer: ~' Danch, Harper & Associates, Inc. °,`' C/O Michael Danch 3231 Sugar, Maple Caurt South Bend,. Indiana 46628 (219) 234-4003. ~ Fi(~o~ i~ ~ierit'~ ~$fice i~AY 0 ~ 2000 LOfi~~T7,~ J. OUaR~ CffY CI.ERt, ~. a~t3D, !°!. I,Lo-O ~ 3.I- Revised Diagram 4/ 17/2000 ,~ A Q ~~ O W a O ~ Q o~ w ~ C 3 Z R/W UNEI 1 R/W LINE Z J N Wo ~~ W ~~ W~ 30 ~ ~- N.W. COR. SEC. 29, gn T.37 N., R.3 E. o~ w FD. HARRISON MON. t-, rn z 3 J '- / N 8 '49' Y65' ~ ~L'NE .W z i ~ O/ q / O O / ~M ~ EXHIBIT "13" ANNEXATION DIAGRAM FOR VOCO,-INC. HIL:.TOP CHURCH L~'THER,"•.P: CHURCH OF THE .iCE&SIOP: 59360 S. IRO :::COD OR. SO~'~i 8E~:0, IN 466.4 T:V. KEi K26 ~C34 C5770, / / ~ / / ~ / / E. ~ / 952.88' / 827.88' filed il~ Cieri~'s ~~~ice APP, 1 ~ 2000 LOSi~TTAJ. DlfC1~ CITY CLGR~, EIO.6~P'ti, I21, NORTH '/4 POST. SEC. 29, T.37 N., R.3 E. FD. HARRISON MON. FOUND R.R. SPIKE N < rn '- / ~ / / ~ / ~ '~ E^J,4AR ROSE CF I;;DG;~: A PLO. 80:: 3015 ~ K::~St~R:.OO, ' .I 49003 f K>' +r16 7C34 05780 7 / ~ / / N / ~ ~/ ~ / O ~ / 3 0o / w , o `" a ° ~ ~ / / b '~ / / Z ° / o /. N / / / / ~ ~/ a ANNEXATION PARCEL = 13.37 p-C•± Z Z ' ~ VOCO, INC. ~ u C/0 GEORGE COQUILLARD N 90°00'00" E P.O. BOX 1970 RD1 165' MURRAY ROAD ~ MONTRELIER, VT 05602 N 7 2?S~, N 00°08'23"E 70.00'± 861.92' s a9^s~'2a•w 89'57 24 W 861.92 --300.96'± -- - - ~ ~-~, IRELAND ROAD WEST ~/a POST. SEC. 29, EAST AND WEST QUARTER UNE OF SECTION 29 - T.37 N., R.3 E. FD. CUT CROSS ~-- S 89°57'24"W 652.57'± Uanck, I•IarneNdi•~i~~accate~, Iitc. ~~ Land Surveyors Professional Engineers Landscape Architects Land Planners Office: (219)234-4003 / (B00)59q.4O03 Fax; (219)234119 3231 Sugar Maple Court South Bend, IN 46629 1647.85' S 89'57'24' W N I 0 200' I rFNn • FOUND IRON PIPE o SET IRON PIPE W/CAP o SET WOOD HUB 1 1 rn z 0 O Z IW 0 S 0 N 0 0 z 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 May 17, 2000 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 John W. Byorni Assistant Director Fax 219 235-9813 1~~\~ t1~ '.1 ~~ RE: A proposed ordinance and site develo ment plan of Voco, Inc. to zone from "R" Residential in the County and "A:' Residential, "A" Height and Area in the City of South Bend to "C" Commercial, "A" He>< ht and Area, property located at the northeast corner of Ironwood Road and Ireland Road, City of ~outh Bend - APC #1986-00 Dear Council Members: The above referenced ordinance and site development plan of Voco, Inc. was legally advertised May 4, 2000. The Area Plan Commission at its public hearing on May 16, 2000, took the following action: Upon a motion by Lee Slavinskas, being seconded by Karl King and unanimously carried, the proposed ordinance and site developwent plan of Voco, Inc. to zone from "R" Residential m the County and "A" Residential, "A" Height and Area in the City of South Bend to "C" Commercial, "A" Height and Area, property located at the northeast corner of Ironwood Road and Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan showing no automotive uses near Ireland Road and effective screening between this development and the homes to the south as well as no restriction of the storm water flowing through th>IS site to the City's retention basin. This zoning and use is in keeping with the other uses at this intersection. Because of the residential uses in the area and the intense use of the site, however, it is the Commission's opinion that the site plan needs to be amended to protect these homes. If automotive uses are approved they should be located on the north side of the lot and the entire site screened from residential districts. 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. Si erely, ~~aZ~~` ~~~D obert W. Sante RWS:sr Attachment CC: Voco, Inc. CC: Danch, Hamer & Associates 8~ ~ svtl ~iD .~~ 'Q~:®~tii I i~`r' ~ 7Q~7 c„"~~~.~,:, via. v~;:v;;, ¢r~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana s STAFF REPORT May 8, 2000 Voco. Inc. 1986-00 Location: the northeast corner of Ironwood Road and Ireland. Road City of South Bend REQUESTED ACTION- The petitioner is requesting a zone change from "R" Residential in the County and "A" Residential, "A" Height and Area in the City of South Bend to "C" Commercial, "A" Height and Area to allow retail, a restaurant with a drive-thru, and a car wash facility. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north is a church zoned "A" Residential, "A" Height & Area; to the east is Irish Hills apartment complex zoned "B" Residential, "B" Height & Area; to the west are businesses zoned "C" Commercial, "A" & "C" Height & Area; and to the south is a bank zoned "C-1" Commercial, "E" Height & Area and single family homes in the County zoned "R" Residential. ACCESS- Access to the site is from Ironwood and Ireland Roads. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE- The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 13.4 acres. Of that, the buildings will occupy 2.5 acres, or 18 percent of the site; the parking and drives will occupy 7.9 acres, or 59 percent of the site; and 3.1 acres or 23 percent of the site will remain as open space. 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: The Army Corps of Engineers will require a federal permit to develop parts of this site that affect the waterway. The City Engineer will require accel/decel lanes on Ireland Road. 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 showing no automotive uses near Ireland Road and effective screening between this development and the homes to the south. This zoning and use is in keeping with the other uses at this intersection. Because of STAFF REPORT May 8, 2000 the residential uses in the area and the intense use of the site, however, it is the staffs opinion that the site plan needs to be amended to protect these homes. If automotive uses are approved they should be located on the north side of the lot and the entire site screened from residential districts. n• $~i ~,'~ S t 20n~ ~®~~ra~.~. ~~n~, COY ~iLo-6., ~''t!. ~ w9J, E a. ~. T` 4 ~~~ °~ B-b i i i BATTLES ..~...~, • - - - rm. T---- i i i -------- -- ----------- =a PETITION AREA ~ - -, ~ ' --~--~ I L ~ „ ~ r-- ~i-a ; ® ~ ,, ~~ ~ " ~ % C-c ~ '~ ~ ~ ~' ~ ~LAno ~ ~ ~~ ~ ® ® ® y N e C f c -e ----r---------- $ t ~ i -----T---.----- __ UJ1AR 5T. L------------- 0 3 --- o ~ ~ 1 ~ I ~ INDIANA EAST- WEST ~ TOLL ROAD REZONING FROM: "R" RESIDENTIAL, "A" RESIDENTIAL, "A" HEIGHT & AREA, T0: "C" COMMERCIAL, "A" HEIGHT & AREA j~ j SOUTH BEND EXISTING ZONING PETITION AREA ® j ~j "A" RESIDENTIAL O ST JOSEPH COUNTY EXISTING ZONING APC # 1986-00 "B" RESIDENTIAL O "R" RESIDENTIAL D "C" COMMERCIAL D o soo +m ~ ;;C-1" COMMERCIAL 0 ~-- u~~h~~~ ~ o ~„a , 0 OFFICE O ~'~~~~~' gt~'a~a~ao';r ~~~~~; °id~;~ t ~Q~111 ~c3 ~~>~ s. ~~a:~