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Home My WebLink AboutAnnexation - Fiskars Properties, Inc. No. 2, 23870 Road.ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana. May 10, Attest: Arrest: ~~ LORETT 9003-99 19 99 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana May 11, President of Common Council 19 99 City Clerk Approved and signed by me May 11, 19 99 Mayor ORDINANCE NO. ~ b b ~` L ~1 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 GERMAN TOWNSHIP CONTIGUOUS THEREWITH; FISKARS PROPERTIES, INC. N0.2 23870 BRICK ROAD SOUTH BEND, INDIANA 46628 STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of .37 acres located in German 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 this 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: A part of the West Half of the West Half of the Northwest Quarter of Section 20, Township 38 North, Range 2 East, which part is bounded by a line running as follows, viz: Beginning at the Northeast corner of the West Half of the West Half of the Northwest Quarter of said section, township, and range; thence Westerly along the center line of Brick Road 99.00 feet; thence S 00° 45' 05" E a distance of 164.87 feet; thence N 89° 33' 38" E a distance of 99.00 feet; thence N 00° 45' 08" N to the point of beginning. Also, beginning at the above mentioned point of beginning, thence Easterly along the centerline of Brick Road a distance of 230 feet; thence South a distance of 20 feet; thence Westerly along a Line parallel and 20 feet to the South of the said centerline a distance of 230 feet; thence North 20 feet to the point of beginning. 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 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 "D" Light Industrial, "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 First Councilmanic District of the City of South Bend, Indiana. SECTION V. This Ordinance shall be in full force and effect 60 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. SECTION VI. That the above described real estate shall be incorporated with an effective date of January 2, 2000. 1 st READING ~ ~2 r ~ 9 PUBLIC HEARING S-\~-~~ 3 rd READING S--\!7 -q~ NOT APPROVED REFERRED PASSED S -\~-0~°` HaProjects/700198/letters/031199.no ~c~ ..3.~ MEMBER OF THE COMMON COUNCIL P~1AR 1 6 1999 LG~;baiTa^, s. ~,~r.. CiT'd CL~.s:1:, ~?7. u"'riD, 9r m. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL. NO. 26-99 PUBLIC HEARING 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 AND AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; FISKARS PROPERTIES, INC. NO. 2, 23870 BRICK 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. Charlotte Pfeifer Chairman 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 German 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 "petitioner" or "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, Indians, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least fifty-one percent (51 %) of the owners of the land in the territory sought to be annexed. 4) The property sought to be annexed and rezoned is located at: 23870 Brick Road, South Bend, IN 46628 5) That the name and address of the property owners of the petition site are: Fiskars Properties, lnc. 1000 Miners Road St. Joseph, MI 49085 6) That the name and address of the contingent purchaser(s), if applicable, are: None 7) The parcel is .37 acres in size and currently has the following use(s) on it: Residential 8) It is desired and requested that the petition site be rezoned From: "R" Residential To: "D" Light Industrial, "A" Height & Area for the following uses: Office/Retail H:IPROJECTS\700198\LETTERS\031199.PT1 G `4 =r:' alt V~\J~u..,V.: ~,~iuL ~'Y fr• d' f•1AR 1 6 199 LC~~ ~ f~.d. GU~fio CiTI C~[6'.:, : iT. E'i.i~, B ~. PETITION FOR THE VOLUNTARY ANNEXATION INTO AND THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA (CONT.) 9) The following information has been submitted with the Petition: a) 1. A legal description of the property, titled as Exhibit "A"; 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. 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 yearfollowing 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. Undercertain 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: P of Real Es Address: Fiskars Properties, Inc. 1000 Miners Road St. Joseph, Michigan 49085 Phone: 616-428-7400 Name, Address & Phone Number of Contact Person: Robert Palmiter Genesis Architects & Engineers, Inc. 300 N. Michigan South Bend, Indiana 46601 219-233-1793 H:IPROJECTS\700198\LETTERS\031199.PT1 f~AR 1 0 1999 _..~®.,, 2 ' ~~ Area Plan Commission of St. Joseph County , 1140 County-City Building ' 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 (~;~1 ~~ 210-~~ Apri121, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Fiskars Properties, Inc. to zone from "R" Residential to "D" Light Industrial, "A" Height and Area, property located at 23870 Brick Road, City of South Bend - APC #1911-99 Dear Council Members: The above referenced ordinance and site development plan of Fiskars Properties, Inc. was legally advertised April 8, 1999. The Area Plan Commission at its public hearing on April 20, 1999, took the following action: Upon a motion by Dave McKee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance and site development plan of Fiskars Properties, Inc. to zone from "R" Residential to "D" Light Industrial, "A" Height and Area, property located at 23870 Brick Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This rezoning will put this site in conformance with the surrounding zonings in this area. 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. Sincerel , ~~. obe t a e RWS:sr Attachment CC: Fiskars Properties, Inc. CC: Robert Palmiter, NCARB Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT April 12, 1999 Fiskars Properties, Inc. 1911-99 Location: 23870 Brick 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 an office/retail building. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE_AND ZONING: Located to the north is a single family home and vacant land zoned "D" Light Industrial, "A" Height & Area, to the east is a business zoned "D" Light Industrial, "A" Height & Area, and to the south and west is vacant land zoned "D" Light Industrial, "A" Height & Area. ACCESS: Access to the site is from Brick Road. 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 12,362 square feet. Of that, the buildings will occupy 5,992 square feet, or 49 percent of the site; the parking and drives will occupy 400 square feet, or 3 percent of the site; and 5970 square feet or 48 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazard areas, wetlands, or environmental hazards are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: This property is in the process of being annexed into the City. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this getition be sent to the Common Council with a favorable recommendation. This rezoning will put this site in conformance with the surrounding zonings in this area. - - ~ Q - CARBONMILL DRIVE I I I soim~ eao gyn. BRICK -~ ~ n~ ~o~ W U Pa~c ro• AP.C. 1834-98 1. 0. 8895-98 ~`~ MIDtJSTR1AL ~ 1l~U8TRIAL ~tia ~ '~o 90 o a REZ^NING FR^M: 'R' RESIDENTIAL T^: 'D' LIGHT INDUSTRIAL, A HEIGHT AND AREA PETITI^N AREA S^UTH BEND EXISTING ZONING 'A' RESIDENTIAL O APC # 1911-99 'D' LIGHT INDUSTRIAL O 0 100 200 300 600 ST. J^SEPH C^UNTY EXISTING Z^NING Grapnle scale 'R' RESIDENTIAL O