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HomeMy WebLinkAboutAnnexing property located in German Township - Herrman and Goetz AnnexationORDINANCE No. ago-9a Passed by the Common Council of the City of South Bend, Indiana September 28, 19 98 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana ry Clerk President of Common Council September 30, 19 98 City Clerk Approved and signed by me September 30, 19 98 Mayor ORDINANCE NO. 1 ro ~V AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN NON-CONTIGUOUS TERRITORY LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND DESIGNATING A ZONING CLASSIFICATION OTHER THAN RESIDENTIAL (HERRMAN AND GOETZ ANNEXATION) STATEMENT OF PURPOSE The Common Council of the City of South Bend, Indiana, has determined that it is in the best interest of the City of South Bend to annex and bring within the corporate limits of the City of South Bend certain territory that is non-contiguous with the external boundaries with the City of South Bend, but which lies entirely within two miles of the City of South Bend's boundary, and which is to be used for industrial purposes by one or more businesses. NOW, 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, which lies entirely within two miles of the City of South Bend's aggregate external boundaries, shall be and hereby is with the consent of its owner annexed to and brought within the City of South Bend, Indiana: That part of the southeast quarter of Section 31, Township 38 North, Range 2 East, German Township, St. Joseph County, IN, more particularly described as follows: Beginning at a point on the east right-of-way line of Oak Road, approximately 660 feet north of the centerline of Edison Road; thence north along the east line of Oak Road approximately 1,950 feet to the south line of the northeast quarter of Section 31; thence west along said south line to the northwest corner of the east half of the southeast quarter of said section; thence south along the west line of the said east half approximately 1,950 feet to a point approximately 660 feet from the centerline of Edison Road; thence east parallel to the centerline of Edison Road to the point of beginning. Section II. That the annexation territory is zoned in St. Joseph County for industrial purposes, and is to be used by the City of South Bend as an industrial park containing one or more businesses. Section III. That the boundaries of the City of South Bend, Indiana, shall be and hereby are declared to be extended so as to include all of the above-described real estate as a part of the City of South Bend, Indiana. Section IV. That the zoning classification of the annexation area described previously in Section I, with the exception of all adjacent rights-of-way, be and hereby is designated as "E" Heavy Industrial "A" Height & Area, under the authority of the Zoning Ordinance of the City of South Bend, Chapter 21, Article 7, Section 21-128 (a), subject to and conditioned upon compliance by the Owner with the terms and provisions of the final version acceptable to the City of South Bend of the "Commitment Regarding Use and Development of Real Estate," which will be marked Exhibit "1," and incorporated herein. Section V. That the above-described area shall be and hereby is assigned to the First Councilmanic District of the City of South Bend, Indiana. Section VI. That said rezoning shall be subject to a final site plan. Section VII. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and proper legal publication. Member, South Bend Common Council 1 sr READING ~ n~ ~/ ~G~ u PUuLIC HEARING "/~~0 `~ 3 rc! READING 9 ~,~ • f NOT APPROVE-p REFERRED PASSER ~~28~9~ ~ssua~T~~~ ~~~ ~1 m~NO~~ F'y C-T ®T.. P.%,P fie, `"'jai ,'~s.~. n'~~,t;r45 E~ ~vP~bda ~ ~Z~z~ ~, S EP 3 (~ 1~~II P COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 66-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN NON-CONTIGUOUS TERRITORY LOCATED IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (HERMAN AND GOETZ ANNEXATION) Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted, and amended by inclusion of language in Section IV, a new Section VI and change of present Section VI to Section VII. John Broden Chairman Mail to: John H. Peddycord. Esq. May, Oberfell & Lorber 300 North Michigan South Bend, IN 46601 -. . ~ ~....R.,,._.._._,~__...r ,..__....~,__.. SEP 2 3 ~~98 -,~~ S s ~.ry~ ,' Y Y.e~t ~i COMMITMENT REGARDING USE AND DEVELOPMENT OF REAL ESTATE Herrman & Goetz, Inc., 225 S. Lafayette Boulevard, South Bend, Indiana 46601, hereinafter referred to as "Owner", bein; the fee-title owner of record of certain real estate commonly described as 54755 Oak Road, South Bend, Indiana 46628, consisting of sixty (60) acres located on the west side of Oak Road and east of the St. Joseph Valley Parkway (U.S. 31 Bypass), the legal description for which is as follows: The Northeast Quarter of the Southeast Quarter and the North Half of the Southeast Quarter of the Southeast Quarter, all in Section 31, Township 38 North, Range 2 East and having recently filed with the South Bend Common Council a conditional consent to its approximate sixty (60) acre site being annexed to the City of South Bend and being rezoned from "M" Manufacturing (St. Joseph County) to "E" Heavy Industrial (City of South Bend), and having otherwise joined in the petition for annexation and rezoning heretofore filed by the City of South Bend's Division of Planning and Neighborhood Development with the South Bend Common Council, which petition is now pending before the South Bend Common Council, does hereby make, pursuant to I.C. 36-7-4-613, the following commitments concerning the use and development of said real estate as express conditions of the proposed rezoning of said property from "M" Manufacturing (St. Joseph County) to "E" Heavy Industrial (City of South Bend) by the South Bend Common Council: 1. The Owner agrees to retain the proposed "E" Heavy Industrial zoning for the property only until such time as the southern two-thirds (2/s) portion (forty [40] Exhibit "1" acres) of the property, i.e., the South half of the Northeast Quarter of the Southeast Quarter and the North half of the Southeast Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 2 East, is surface mined of its gravel content but, in any event, no longer than (~ years, at which time the owner would agree to and shall seek the rezoning of the entire property to "D" Light Industrial. In the interim, the owner also agrees to specifically develop said parcel of real estate in accordance with the terms and provisions of a written site development plan, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof; 2. The Owner further agrees to perform the proposed surface mining in such a manner so as not to create any surface water pits or ponds; 3. The Owner further agrees to install a landscaped area consisting of a six foot (6') high earthen mound planted with four foot (4') high pine trees along the west side of Oak Road as depicted on the above-referenced site development plan; the Owner will further agree to retain any and all existing vegetation on the property located west of Oak Road but east of the proposed landscaped area; the Owner further proposes to retain any and all existing vegetation along the south boundary of the property site for a distance of not less than fifty feet . (50'); 4. Upon conclusion of the surface mining but, in any event, no later than (_) years, the Owner agrees to file with the South Bend Common Council and implement a plan of reclamation for the approximate forty (40) acres of the property site to be utilized for surface mining as depicted on the above- described site development plan; 5. The Owner is further agreeable and does hereby agree to the immediate rezoning of the north twenty (20) acres of said property site, i.e., the North half of the Northeast Quarter of the Southeast Quarter of Section 31, Township 38 North, Range 2 East, to "D" Light Industrial instead of "E" Heavy Industrial if so desired and designated by the South Bend Common Council; therefore, no mining would occur on the north twenty (20) acres of the property site and the uses permitted on the north twenty (20) acres would be only those uses permitted by the South Bend City Code within a "D" Light Industrial district; 6. The Owner further agrees to file and obtain any and all variances, approval of uses, etc., for the use and development of the property as might be required by the South Bend City Code; 7. The Owner further agrees, as provided at I.C. 36-7-4-613, that unless modified or terminated by the Area Plan Commission of St. Joseph County or the South Bend Common Council, this Commitment is binding upon it as owner of the parcel, and each subsequent owner and each other person acquiring an interest in the parcel; 2 Exhibit "1" 8. The Owner agrees that this Commitment shall be recorded in the Office of the St. Joseph County Recon~ier and afile-marked copy of the recorded Commitment shall be furnished to the South Bend Common Council, the Area Plan Commission of St. Joseph County, and all property owners of record located within three hundred feet (300') of the petitioned property; the Owner further agrees that these commitments shall take effect upon the adoption of an amendment to the South Bend Zoning Ordinance by the South Bend Common Council in accordance with the City's petition to annex and rezone the property; 9. The Owner further agrees that these commitments may be modified or terminated only by a decision of the Area Plan Commission of St. Joseph County and/or the South Bend Common Council made at a public hearing after notice has been provided by their rules as provided at I.C. 36-7-4-613. 10. The Owner agrees that these commitments shall be enforceable by an action in either law or equity by the City of South Bend, the South Bend Common Council, the Area Plan Commission of St. Joseph County, or by one (1) or more property owners located within three hundred feet (300') of the petitioned property and/or the successors and assigns of said property owners, said property owners being a class of especially affected persons entitled to enforce these commitments as contemplated by I.C. 36-7-4-613; 11. The Owner further agree that these commitments shall be binding upon its successors in interest, assigns, heirs, beneficiaries and personal representatives of their estates; and 12. The Owner does hereby agree that the use and development of said property shall be strictly in accordance with the terms and provisions of these commitments, including the site development plan attached hereto, marked Exhibit "A" and made a part hereof. Executed this day of September, 1998. By: HERRMAN & GOETZ, INC. Thomas J. Herrman, P.E. Its: President F:\WOBLDOX\H0364\98001\conunitment -reuse+dev.wpd9/23/S3 This instrument was prepared by John H. Peddycord, Esq. (i/5670-71) of the law firm of MAY, OBERFELL & COBWEB, 300 North Michigan, South Bend, Indiana 46601; (219) 232-2031. 3 Exhibit "1" 1200 COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 PHONE 219/235-9371 FAx 219/235-9021 TDD 219/ 235-5567 CITY OF SOUTH BEND STEPHEN ,J. LUECxE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT ,JON R. HUNT ANNE. KOLATA EXECUTIVE DIRECTOR DEPUTY EXECUTIVE DIRECTOR August 11, 1998 1VIr. Sean Coleman, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Dear Mr. Coleman: An ordinance proposing to annex to the City of South Bend non-contiguous territory, has been filed as the Herman & Goetz Annexation Area. This 60+ acre City-initiated annexation is generally located on the west side of Oak Road, south of Lincolnway West. The ordinance also proposes to zone the annexed area as "E" Heavy Industrial. The ordinance is a combined annexation and a zoning proposal. Although the Council is the initiating body, the owner of record will be requested to be present at the public meetings. Final site plans will be required for the development of the site. I am requesting that the public hearing (Second Reading) on the ordinance be scheduled for September 28,1998. The delay in the Second reading is due to the Fiscal Plan having to be scheduled before the Board of Public Works, the Board of Public Safety and the Board of Water Commissioners, in addition to the proposed zoning being heard before the Area Plan Commission. Your favorable recommendation is respectfully requested. If you have any questions, please feel free to contact me at 235-5550. Thank you. Sincerely, ~~LZ~ ho Larry Magliozzi, Assistant Director Division of Planning and Neighborhood Development /shared/lma~l ioz/wndata/annex/active//form 08. l -~~~~ ll~ ~t~~~~ ~ ~~~~~~~ AUG~ 1 1 i~~a LOF;rT3S1J. i;U;]t. C(7Y CL~IY, ~. ~act~, !,!. REDEVELOPMENT BUSINESS ASSISTANCE FINANCIAL & PROGRAM BUREAU OF HOUSING PLANNING 8t NEIGHBORHOOD ANN E. KOIATA 8t DEVELOPMENT MANAGEMENT KATHRYN BAiJMGARTNER DEVELOPMENT 219/235-9371 DONALD E. INKS ELIZABETH LEONARD 521 ECLIPSE PLACE PAMELA C. MEYER 219/235-9335 219/235-9335 219/235-9475 219/235-9660 FAx: 219/235-9469 FAx: 219/235-9697 ~ : ~S Zo _ ~ ~ A ; _ - `~\ 1 ~ ii n na': ~~ '~~ 25 ~s ~ i //t ~, ~ fll , r `-, .__. LdKC ~ ~- e- ~~: ~ ~ . , ~~ ' _ S`~}6 fD17d ~' -- 2I~ r ~~ 1. i •.~. 1 ~_ ~ _ -~ ewad taw [ _ ~. SOUTH lEMO CdMtm CLUB + - ` ~ ~ 3 ~ ~ l ~,\, • czrNOe ~ L IRf ! ~ i~ ~' -~ J I - ~~ . , .;~ a ; o e: 6 7~ 1 6 Z S a i ~ - _- ~ y ` 11 I 1 I ~c~2MA-+.i ~- Go~'~'~ q~y,~q~s-n~~•i 1 ~~"~^ 1; 1 1 1 1 li . II OI 3 i 32z2 8• S Cf MF r~ ~_~I~ 1` M =~ ~~yi 444f _J~ ~' ~i...l ', ~.. . _ ~= RO I~PEN _ -- --- - i ,~- --j Q'' V _ `~ ~ ~L _~ ~_ .. _~~~~JI~ 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 September 16, 1998 The Honorable Common City of South Bend 3 SEP 1 6 599 LO~yET7'.~J. DUR,'~ 11 crrv •^iLtr~ia.p ~~. ~:~'~.~., tiS. County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 DILL N~ ~~l 98 RE: A proposed ordinance initiated by the Common Council of the City of South Bend, to zone from "M" Manufacturing to "E" Heavy Industrial, "A" Height and Area, property located at west side of Oak Road, approximately 660 feet north of Edison Road, City of South Bend - APC #1878-98 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 Willie Morgan, being seconded by Charles Rogers and carried, the proposed ordinance initiated by the Common Council of the City of South Bend, to zone from "M" Manufacturing to "E" Heavy Industrial, "A" Height and Area, property located at west side of Oak Road, approximately 660 feet north of Edison Road, City of South Bend is sent to the Common Council with an unfavorable recommendation. The property owner desires "E" Heavy Industrial in order to conduct a mining operation. Vacant land zoned Industrial that has utilities available and is near the airport, the bypass, and other vacant tracts is rare and valuable for attracting future industrial development and jobs. In addition, because of the residential property on the east and south and the limited capacity of Oak Road, a mining operation would be an inappropriate use of this site. 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. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 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, b t W. Sante RWS:sr Attachment STAFF REPORT September 4, 1998 Common Council Initiated Annexation - Herman & Goetz 1878-98 Location: west side of Oak Road, approximately 660 feet north of Edison Road City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to zone from "M" Manufacturing to "E" Heavy Industrial, "A" Height and Area. EXISTING LAND USE: The property currently contains equipment storage. SURROUNDING LAND USE AND ZONING: Located to the north and the south are single family homes zoned "R" Residential and vacant land zoned "M" Manufacturing; to the east are single family homes zoned "R" Residential; and to the west is vacant land pending annexation as "D" Light Industrial. ACCESS: Access to the site is from Oak Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are not available to the site, but will be extended in the future. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 60 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: A site plan is not required for Common Council initiated rezonings. AGENCY COMMENTS: 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 property owner desires "E" Heavy Industrial in order to conduct a mining operation. Vacant land zoned Industrial that has utilities available and is near the airport, the bypass, and other vacant tracts is rare and valuable for attracting future industrial development and jobs. In addition, because of the residential property on the east and south and the limited capacity of Oak Road, a mining operation would be an inappropriate use of this site. The staff would, however, recommend approval of "D" Light Industrial on this property, subject to a final site plan.