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HomeMy WebLinkAboutRezoning for property located at 6.3 acre site north of lot 20 in the US 31 Industrial ParkORDINANCE No. a9a,-~ Passed by the Common Council of the City of South Bend, Indiana March 8, 19 99 Attest: Attest: ), Presented by me to the Mayor of the City of South Bend, Indiana March 9 March 9, City Clerk Approved and signed by me City Clerk President of Common Council 19 99 19 99 'v "a Mayor ORDINANCE NO. ~~ ~~ ~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 6.3 ACRE SITE NORTH OF LOT 20 IN THE US 31 INDUSTRIAL PARK, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. 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 following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Legal Description A PART OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, INDLUDING LOT 19 AND A PART OF LOT 18 IN THE U.S. 31 INDUSTRIAL PARK, SECTION TWO SUBDIVISION RECORDED AS INSTRUMENT NUMBER 9846535 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION WHICH POINT IS MARKED BY A HARRISON MONUMENT (DEPTH 0.3 FEET); THENCE NORTH 0 DEGREES 15 MINUTES 35 SECONDS WEST ALONG THE EAST LINES OF LOTS 1, 21, AND 20 OF U.S. 31 INDUSTRIAL PARK SECTION ONE, RECORDED AS INSTRUMENT NUMBER 9743763 IN THE OFFICE OF SAID RECORDER, SAID LINE ALSO BEING THE EAST LINE OF SAID QUARTER SECTION, A DISTANCE OF 1,420.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 20 AND BEING THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 04 SECONDS WEST ALONG THE NORTH LINE OF SAID U.S. 31 INDUSTRIAL PARK, SECTION ONE, A DISTANCE OF 810.59 FEET TO THE NORTHWEST CORNER OF SAID LOT 20; THENCE NORTH 18 DEGREES 03 MINUTES 58 SECONDS WEST, A DISTANCE OF 113.42 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 26 DEGREES 31 MINUTES 42 SECONDS, AND A CHORD OF 215.67 FEET BEARING NORTH 4 DEGREES 48 MINUTES 07 SECONDS WEST; THENCE NORTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 217.61 FEET TO A POINT OF NON-TANGENCY; THENCE SOUTH 89 DEGREES 57 MINUTES 04 SECONDS EAST, A DISTANCE OF 862.35 FEET; THENCE SOUTH 0 DEGREES 15 MINUTES 35 SECONDS EAST, A DISTANCE OF 322.70 FEET TO THE POINT OF BEGINNING, CONTAINING 6.303 ACRES, MORE OR LESS, SUBJECT TO EASEMENTS, RIGHTS-OF-WAY, COVENANTS, AND RESTRICTIONS OF RECORD. THE BASIS OF BEARING ARE REFERENCED TO INDIANA STATE PLANE -EAST ZONE COORDINATES FOR THE SOUTHEAST AND NORTHEAST CORNER OF SAID SECTION. be and the same is hereby established as "D" Light Industrial; "A" Height & Area. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Gornmon Council, approval by the mayor, and legal publication. 1st READf~iG ~ ' (~ -q 1c~~y Member of the Common Cou cif PUBLIC HEARING 3~g- / / ~I~V~ 1~1 ~~~'i•~f~S ~~~ICIr 3 rd READING ~-g-9 NOT APPROVED - JA~~ ~ _ 1~c~ REFERRED /-// -9 ~ ~ ~~~ ~~ N PASSEfl 3-S' 1 LOAETiTAJ. Dl1DA CITY CL[Fi4i~°i0. f3cPiD,1~. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 2-99 A BILL AMENDING THE LOCATED AT 6.3 ACRE 31 INDUSTRIAL PARK, INDIANA ZONING ORDINANCE FOR PROPERTY SITE NORTH OF LOT 20 IN THE US IN TAE CITY OF SOUTH BEND, Respectfully report that they have examined the matter and that in their opinion, this bill comes to the full Council with a favorable recommendation. Charlotte Pfeifer Chairman Revised 1/99 Date Fi Application No. Date received by the Area Plan Commission I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address (if none, give the general location with the nearest intersection) 6.3 acre site north of lot 20 in the US 31 Industrial Park (see attached plat). 2) Name and address of property owner(s) of the petition site: Name: City of South Bend Redevelopment Commission, 1200 County-City Building, (219) 235-9371. 3) Name and address of contingent purchaser(s), if applicable: Name: Eagle Freight Full Address and Phone Number: 15350 Vickery Drive, Houston, TX 77032, (281) 618-3100. 4) It is desired and requested that this property be rezoned from "IP" Industrial Park, Height and Area to "D" L~ht Industrial, "A" Height and Area 5) This rezoning is requested to allow the following use(s): Truck Terminal 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, 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 initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. PETITION PREPA ED BY: ~~~ ~~~~ Name: Owen Rock Full Address and Phone Number: 1200 County-City Building South Bend, Indiana 46601 (219)235-5830 Signature(s) of all property owner(s) ~ w ~ ~~~o or Attorney for all property owner(s) (.U~`C- i CONTACT PERSON: (if different) (Y e..rc~i~/ /~ /,~ l Name: Full Address and Phone Number: H:\WPDATA\ZONORDN ~1~9r~ 9iii ~~el'~C's~ ~~'d~a~~ i JA~a 6 - 1999 _ DEC. 2.1998 3=5OPM CB COMMERCIAL i ~ i ~CHIBIT"A" ~ ~ ~ ~ _. . ~ • ~.~ :~ ~~,~i. -.v~L ...~: ;~ say ~ ~t_ _ CwRBCN-.rtLL DRIVE (60' R/MQ •---- ~~ ~~ 3 2 t i yt~ AC. ~ e u .~ ~.. ... •, -.._._.~ -. ..,.~.~._.~.__. .. _..BR1CK ROAD- ---~..~.~.~.~ ~_ _ .~.~..1.~._~_ L_.. ----~ ! i i I ` y`'k l i 9 C CL[~.,,vO.QsttJ,6~L 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 February 17, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 ~ILt ~o a~Iq RE: Aproposed ordinance~and site development plan of the City of South Bend Redevelopment Commission to zone from IP Industrial Park to D Light Industrial, A Height and Area, property located on a 6.3 acre site north of Lot 20 in the U.S. 31 Industrial Park, City of South Bend - APC #1899-99 Dear Council Members: The above referenced ordinance and site development plan of City of South Bend Redevelopment Commission was legally advertised February 4, 1999. The Area Plan Commission at its public hearing on February 16, 1999, took the following action: Upon a motion by Lee Slavinskas, being seconded by Richard Knoblock and unanimously carried, the proposed ordinance and site development plan of the City of South Bend Redevelopment Commission to zone from "IP" Industrial Park to "D" Light Industrial, "A" Height and Area, property located on a 6.3 acre site north of Lot 20 in the U.S. 31 Industrial Park, Cit of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Currently, there are two truck terminals to the south of this petition area. Approval of this zoning would be a continuation of the existing zoning and uses located to the south. 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. Sin rely, obert W. San e RW5: sr Attachment CC: City of South Bend Redevelopment Commission CC: Eagle Freight CC: Owen Rock File in ~I~ric's ~tfic~ FEB 1 r 1999 LORET7t1 J• DUDA CITY CLERIS, CO. i38t8D, Ill. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT February 8, 1999 Citv of South Bend Redevelopment Commission 1899-99 Location: on a 6.3 acre site north of Lot 20 in the U.S. 31 Industrial Park City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "IP" Industrial Park to "D" Light Industrial, "A" Height and Area to allow a truck terminal. EXISTING LAND USE: The property is currently vacant SURROUNDING LAND USE AND ZONING: Located to the north and west is vacant land zoned "IP" Industrial Park; to the east is vacant land zoned "D" Light Industrial, "A" Height & Area; and to the south are industrial uses zoned "D" Light Industrial, "A" Height & Area. ACCESS: Access to the site is from Ameritech Drive. 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 6.13 acres. Of that, the buildings will occupy 20,000 square feet, or 7.5 percent of the site; the parking and drives will occupy 1 acre, or 16 percent of the site; and 4.8 acres or 76 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 City Engineer will require a drainage plan at the final site plan stage. In 1998, this property was zoned to "IP" Industrial Park. APC #1841-98 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. Currently, there are two truck terminals to the south of this petition area. Apgroval of this zoning would be a continuation of the existing zoning and uses located to the south. a _ - + I I Q suslt o'K ° °R. ° ~ ~ I I RANGE -- I I~ ~ ~ ~ ~~ =~ ~ Q°a ~ ~ p~- T ~ ~/ ~ ~ i --1 TION - A EA i ®~~ ~ M i _~ ~ i i o N CARBONAII LL DRIVE O In BRICK ROAD s IIfGl~l DD ~~ ; of ~ °`~~ ~-~ °- 4~ Imo' ° C~.~ < D ° 1~.5 ~`'y° ,~ W Q REZ^NING FR^MI 'I-P' INDUSTRIAL PARK T^1 'D' LIGHT INDUSTRIAL PETITION AREA ® N SOUTH BEND EXISTING Z^NING 'A` RESIDENTIAL O APC # 1899-99 'D' LIGHT INDUSTRIAL ~~ 'IP' INDUSTRIAL PARK O o soo ~ o00 T. JOSEPH C^UNTY EXISTING Z^NING Graphic Scai e 'R' RESIDENTIAL