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HomeMy WebLinkAboutRezoning 4600 and 4700 Block of New Cleveland RoadORDINANCE No. a~~-~ Passed by the Common Council of the City of South Bend, Indiana September 28, 19 98 Attest: Attest: J City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana October 2, 19 98 City Clerk Approved and signed by me ~~ rnhPr ~ ,~ 19 98 Mayor ORDINANCE N0 . ~ ! / ~ ~ I 0 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 4600 AND 4700 BLOCK OF NEW CLEVELAND ROAD 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: PARCEL I. A tract of land situated in the east half of the northeast quarter of Section 20, and a part of the west half of the northwest quarter of Section 21, both in Township 38 North, Range 2 east of the second principal meridian, German Township, St. Joseph County, Indiana, explicitly defined as follows: Commencing from the east quarter of said Section 20, said point being approximately 68.62 feet south of the south right-of-way of Indiana east/west Toll Road (300' total R/W); thence N. O1°-04'-10" W. along the east line of the northeast quarter of Section 20, 704.03 feet to the point of beginning of this description; (Note: The bearing for this description was derived from the recorded documents from the right-of-way undertaking); thence N. 77°-34'-00" W. along the north right-of-way of Cleveland Road, 1346.24 feet; thence N. 00°-38'-36" W., 629.12 feet to the .south line of the Plat of Clarence A. Gregory's High Meadows Estates Subdivision; thence N. 89°-37'-14" E. along the south line of the Plat of Clarence A. Gregory's Sigh Meadows Estates Subdivision and Hartman De Maegt Subdivision, as recorded under Book 21, Page H4 and Book 27, Page H respectively, 1304.45 feet to the east line of the northeast Quarter of said Section 20; thence continuing along the south boundary of Hartman De Maegt Subdivision on a bearing of N. 89°-37'- 14" E. 80.5 feet to a point on a line west 80.5 feet off the west half of the northwest quarter of said Section 21; thence S. O1°-04'-10" E., 946.09 feet to a point on the north line of Cleveland Road; thence continuing along the said north line of Cleveland Road on a bearing on N. 77°- 34'-00" W., 82.79 feet to the point of beginning and containing 25.09 acres more or less and is subject to an access paint as granted by the Board of County Commissioner recorded under D/R 821, pages 535 & 536 at the office of the Recorder, County of St. Joseph, Indiana, Easement granted to Texaco-Cities Pipeline Company, any other easements, restrictions, covenants and zoning restrictions of record. Containing 25.09 acres more or less. PARCEL II. That part of the Northwest Quarter of Section 21, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Beginning at the northwest corner of Lot "B" of the Plat of "Trans Tech Properties Minor Subdivision First Replat" recorded as Document No. 9529632 in the records of the St. Joseph County, Indiana Recorder's office; thence N. 00°-06'-04" E., 260.00 ft. more or less; thence N. 90°-00'-00" E., 561.72 ft. more or less; thence S. 00°-06'-04" W., 260.00 ft. more or less to the northeast corner of Lot "A" of said "Trans Tech Properties Minor Subdivision First Replat"; thence N. 89°-14'-25" W. along the north line of said Plat, 561.72 ft. to the point of beginning. Containing 3.35 acres more or less. Subject to all legal highways, easements and restrictions of record. Be and the same is hereby established as "D" Light Industrial, "A" Height & Area; subject to the terms and conditions, acceptable to the City of South Bend, of a "Commitment Regarding Use and Development of Real Estate" which will be marked Exhibit "1" and will be incorporated herein addressing required buffers, berming, landscaping, and lighting; as well as the deletion of truck terminals as acceptable uses on said property. Said Commitment shall be recorded as required by applicable state law at the cost of the Petitioner. SECTION II. This rezoning shall be subject to a Final Site Plan. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. C`~~ _ Member of the Common Council 1st READWG G~ ay, q S . - .: 4 ~ :~~ ~ „ < <` , ~ .~ . PU6LIC HEARING 9- Z ~'9 ~ ,.,.~_......,_m ,.. ....:_.,.. _.. r 3 rd READING 9'2 ~~ ~ ~ ~ t' 12 -~ 199 ^,OT APPROVE6 i ~ASSE.D q 2~-9k ~s Am~ND~° ~ E ~:~. .. ~ €... Date Filed: ~ ' Date received by the Area Plan Commission: Application No.: 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: 4600 and 4700 Block of New Cleveland Road South Bend, Indiana 46628 2) Name and address of property owner(s) of the petition site: Target Leasing, Inc., P. 0. Box 3777, South Bend, IN 46619 (No Telephone) 3) Name and address of contingent purchaser(s), if applicable: NONE 4) It is desired and requested that this property be rezoned: from "B"-"P" Business Park , -- Height and Area to "D"-Light Industrial, "A" Height and Area 5) This rezoning is requested to allow the following use(s): Light Industrial Uses ~~ 1 0!~ [ Y ~ C~ e 4 ~~ ~ A ~ ~ -. u 4 3:S C7 8 taa ~, ~j i -S d CJ •-- ~ ~ ,: ~ ~ o 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 (1) 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 zoninq classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. enn~h P. -Fedder - 6796-71 Attor ey for Target Leasing, Inc. CONTACT PERSON: Kenneth P. Fedder, Atty., Ste. 606, 205 W. Jefferson Blvd., South Bend, IN 46601 THIS PETITION PREPARED BY: Kenneth P. Fedder, Atty., Ste. 606, 205 W. Jefferson Blvd., South Bend, IN 46601 '~ LEGAL DESCRIPTIONS PARCEL I. A TRACT OF LAND SITUATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 20, AND A PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 21, BOTH IN TOWNSHIP 38 NORTH, RANGE 2 EAST OF THE SECOND PRINCIPAL MERIDIAN, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, EXPLICITLY DEFINED AS FOLLOWS: COMMENCING FROM THE EAST QUARTER OF SAID SECTION 20, SAID POINT BEING APPROXIMATELY 68.62 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY OF INDIANA EAST/WEST TOLL ROAD (300' TOTAL R/W); THENCE N. 01°-04'-10" W. ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 20, 704.03 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; (NOTE: THE BEARING FOR THIS DESCRIPTION WAS DERIVED FROM THE RECORDED DOCUMENTS FROM THE RIGHT-OF-WAY UNDERTAKING); THENCE N. 77°-34'-00" W. ALONG THE NORTH RIGHT-OF-WAY OF CLEVELAND ROAD, 1346.24 FEET; THENCE N. 00°-38'- 36" W., 629.12 FEET TO THE SOUTH LINE OF THE PLAT OF CLARENCE A. GREGORY'S HIGH MEADOWS ESTATES SUBDIVISION; THENCE N. 89°-37'-14" E. ALONG THE SOUTH LINE OF THE PLAT OF CLARENCE A. GREGORY'S HIGH MEADOWS ESTATES SUBDIVISION AND HARTMAN DE MAEGT SUBDIVISION, AS RECORDED UNDER BOOK 21, PAGE H4 AND BOOK 27, PAGE H RESPECTIVELY, 1304.45 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20 THENCE CONTINUING ALONG THE SOUTH BOUNDARY OF HARTMAN DE MAEGT SUBDIVISION ON A BEARING OF N. 89°-37'-14" E., 80.5 FEET TO A POINT ON A LINE WEST 80.5 FEET OFF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 21; THENCE S. O1°-04'-10" E., 946.09 FEET TO A POINT ON THE NORTH LINE OF CLEVELAND ROAD; THENCE CONTINUING ALONG THE SAiD NORTH LINE OF CLEVELAND ROAD ON A BEARING OF N. ?7° -34'-00" W., 82.79 FEET TO THE POINT OF BEGINNING AND CONTAINING 25.09 ACRES MORE OR LESS AND IS SUBJECT TO AN ACCESS POINT AS GRANTED BY THE BOARD OF COUNTY COMMISSIONER RECORDED UNDER D/R 821, PAGES 535 & 536 AT THE OFFICE OF THE RECORDER, COUNTY OF ST. JOSEPH, INDIANA, EASEMENT GRANTED TO TEXACO-CITIES PIPELINE COMPANY, ANY OTHER EASEMENTS, RESTRICTIONS, COVENANTS AND ZONING RESTRICTIONS OF RECORD. CONTAINING 25.09 ACRES MORE OR LESS. I~ARCEL II. THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS BEGINNING AT THE NORTHWEST CORNER OF LOT "B" OF THE PLAT OF "TRANS TECH PROPERTIES MINOR SUBDIVISION FIRST REPEAT" RECORDED AS DOCUMENT NO. 9529632 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE N. 00° -06'-04" E., 260.00 FT. MORE OR LE5S; THENCE N. 90°-00'-00" E., 561.72 FT. MORE OR LESS; THENCE S. 00°-06'-04" W., 260.00 FT. MORE OR LESS TO THE NORTHEAST CORNER OF LOT "A" OF SAID "TRANS TECH PROPERTIES MINOR SUBDIVISION FIRST REPEAT"; THENCE N. 89°-14'-25" W. ALONG THE NORTH LINE OF SAID PLAT, 561.?2 FT. TO THE POINT OF BEGINNING. CONTAINING 3.35 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. _ ...., e AUG 1 ~ 1G9~ crrv ctst ~, ~~. a rt,~, a; ~. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 70-98 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE 4600 AND 4700 BLOCK OF NEW CLEVELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill comes to the Council without a recommendation. The bill is hereby amended by inclusion of additional language to Section I and Section II and renumbering of Section II to Section III. John Broden Chairman ~ • t 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 .a SEP 1 ~ ~99~ LOr~BS'i'ts J. C;}CS: CITY CLSS~~:, D.:~ 1,9, I':. Fax 219 235-9813 September 16, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 QILL r(~, ~4-98 RE: A proposed ordinance initiated by the Common Council of the City of South Bend, to zone from "BP" Business Park to "D" Light Industrial, "A" Height and Area, property located at 4600 and 4700 block of New Cleveland Road, City of South Bend - APC #1881-98 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on September 3, 1998. The Area Plan Commission at its public hearing on September 15, 1998, took the following action: Upon a motion by Gerry Phipps, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend, to zone from "BP" Business Park to "D" Light Industrial, "A" Height and Area, property located at 4600 and 4700 block of New Cleveland Road, City of South Bend is sent to the Common Council with an unfavorable recommendation. The "BP" district is designed to be compatible with surrounding residential uses by requiring landscaping and limiting permitted uses to those that should have little impact on neighboring residential development. In addition, the "BP" district requires a 100 foot buffer zone between the park and residential areas. This area was zoned to "BP" to lessen the impact of industrial development on the existing subdivision to the north. Rezoning this property to "D" Light Industrial could allow such incompatible uses as truck terminals, machine shops, and storage yards while removing the protection provided to the adjacent residential neighborhood when the property was annexed in 1994. 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 er ly, ~~l~C/ Bert W. Sante RWS:sr Attachment CC: Target Leasing, Inc. Kenneth P. Fedeer, Attorney Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT September 4, 1998 Initiated by the Common Council 1881-98 Location: 4600 and 4700 block of New Cleveland Road City of South Bend REQUESTED ACTION; The petitioners are requesting a zone change from "BP" Business Park to "D" Light Industrial, "A" Height and Area to allow light industrial uses. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes zoned "R" Residential; to the east is a business zoned "D" Light Industrial; to the south is the Toll Road and vacant land zoned "E" Heavy Industrial; and to the west is vacant land zoned "BP" Business Park. ACCESS: Access to the site is from Cleveland Road. WATER SOURCEISEWAGE 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 approximately 32.8 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no wetlands, flood zones or environmental hazard areas are present. The site is, however, located immediately to the north of a community wellfield. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: This property was zoned to "BP" Business Park in 1994. APC-1619. The City Engineer will require that all access drives comply with the non-access easement on Cleveland 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 an unfavorable recommendation. The "BP" district is designed to be compatible with surrounding residential uses by requiring landscaping and limiting permitted uses to those that should have little impact on neighboring residential development. In addition, the "BP" district requires a 100 foot buffer zone between the park and residential areas. This area was zoned to "BP" to lessen the impact of industrial development on the existing subdivision to the north. Rezoning this property to "D" Light Industrial could allow such incompatible uses as truck terminals, machine shops, and storage yards while removing the protection provided to the adjacent residential neighborhood when the property was annexed in 1994. J r O r D .. d h r~ ~ V ® ~ i ~ ~ ~ ACACIA ~ ~ ~ ~ p~ C OUNDARY PETITION ~ AREA I I DaI ~ I ©~ o C~ E~E ~'~ ND ~ I ~ I I R SAD INDIANA EAST-WEST TOLL ROAD D~ o ~ 00 a REZONING FR^MI 'B-P' BUSINESS PARK TOI 'D' LIGHT INDUSTRIAL, 'A' HEIGHT & AREA PETITION AREA ® N SOUTH BEND EXISTING ZONING 'B-P' BUSINESS PARK O APC # 1881-98 'D' LIGHT INDUSTRIAL ~~ 'E' HEAVY INDUSTRIAL O ST. JOSEPH C^UNTY EXISTING ZONING " xo~ •oo aoo ~~ 'R' RESIDENTIAL ~~ eropnle see~e