HomeMy WebLinkAboutAnnexation - Land in German Township - Fiskars Properties- 5838 W. Brick Road. -
ORDINANCE No. 0095-~
Passed by the Common Council of the Ciry of South Bend, Indiana
March 23. 19 98
Attest:
Attest:
Presented by me to the Mayor of the Ciry of South Bend, Indiana
iry Clerk
President of Common Council
March 25, 19 98
City Clerk
Approved and signed by me ~ March 26 19 98
Mayor
• •
ORDINANCE NO. U O ~ J - ~ 8
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING
WITHIN THE CITY LIlVIITS OF SOUTH BEND, INDIANA, AND
AMENDING THE ZONING ORDINANCE FOR CERTAIN LAND
IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH:
FISKARS PROPERTIES
5838 WEST BRICK ROAD
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 1.84 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-eighth (1l8) 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 parcel of land being a part of the West Half of the West Half of the Northwest
Quarter of Section 20, Township 38 North, Range 2 East, German Township, St. Joseph County,
Indiana and being more particularly described as follows:
Beginning at a point on the North line of said Quarter Section, a distance of 99.00
feet South 89° 33'38" West of the Northeast corner of said West Half of the West Half of the Northwest
Quarter; thence South 00° 45'05" East, a distance of 164.87 feet; thence North 89° 33'38" East, parallel
with said North line, a distance of 99.00 feet to a point on the East line of said West Half of the
Northwest Quarter; thence South 00° 45'08" East, along said East line a distance of 401.47 feet to the
Northerly right-of--way line of the Cleveland Road Extension; thence Northwesterly along a curve to the
right delineating said Northerly right-of--way, said curve having a radius of 1332.39 feet, a central angle
of 00° 59'20" and limited in length by a chord of 23.00 feet that bears North 37° 06'30" West to a point
of tangency; thence North 34° 52'30" West, a distance of 230.31 feet to a point of curvature; thence
Northwesterly along a curve to the left having a radius of 1054.93 feet, a central angle of 07° 22' 12" and
limited in length by a chord of 135.60 feet that bears North 38° 33'36" West to its intersection with the
East line of Lot 1 in the plat of Kiskowski 2nd Minor Subdivision, the same being shown and designated
as instrument number 9130240 in the office of the Recorder of St. Joseph County, Indiana; thence
North 00° 44'26" West, along said East line, a distance of 291.26 feet to the North right-of--way line of
Brick Road; thence North 89° 33'38" East, along said North right-of--way line, a distance of 126.91 feet;
thence South 00° 45'05" East, a distance of 40.00 feet to the place of beginning.
Subject to the legal rights of public highways and any easements, covenants or
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 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 enactment by
the Common Council, approval by the Mayor, and legal publication.
MEMBER OF THE COMMON COUNCIL
1st READ;NG ~~ 9-
f~U6LIC tiEARING~-~ _~'~'
3rd P.EADl~ JG 3 _Z3 _~~
NOT APPROVED
REFERRED
PASSED 3 ~ _~~ , I S Stl SST I i ~JT~1~
COMMITEE REPORT
TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND:
Your Commitee of the Whole, to whom was referred:
BILL NO.
24-98 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,
5838 WEST BRICK ROAD
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably, as substituted.
John Broden
Chairman
P1~'I'i'1'it)N I~012 `i'l ll~ VO1 t)N`I'/~RY I~NNT;XA'1'ON
IN'['O and '1'I-IE 70NING 01~ THE ANNEXED LAND
IN 'I'I Il~ 1`I'Y OI~ SOU'I'11 13f?NI). 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) K(We) i/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, Indiana,
and be granted a zoning designation as herein requested, both by proper ordinance.
3) That this Petition is signed by at Ieast (CHECK ONE):
x u. fifty-one pcrccnt (5I"~,) of tl~c owners ul'thc land in the territory sought to
be annexed; OR
_ b. the owners of seventy-live percent (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:
5838 WEST BRICK ROAD, ON THE SOUTH SIDE OF BRICK ROAD
' APPROXIMATELY 250 FEET EAST OF CLEVELAND ROAD.
5) That the name and address of the property owner(s) of the petition site is/are:
LOUIS J. KISKOWSKI MARY KISKOWSKI
3354 ASH MAPLE COURT
SOUTH BEND, IN 46628
C) That the name and address of the contingent purchaser(s), if applicable, is/are:
FISKARS PROPERTIES, INC.
1000 MINERS ROAD
ST. JOSEPH, MI 49085
7) The parcel is 1.84 acres in size and currently has the following use(s) on it:
VACANT
8) It is desired and requested that the petition site be rezoned
Prom: "R" RESIDENTIAL
'1'0: "D" LIGHT INDUSTRIAL, "A" HEIGHT AND AREA
for t11c following uses: OFFICE BUILDING
PL;"1~1'CION I~OR Tlll; VOI,UNTAIZY ANNrXA"PION
INTO and TI-IE ZONING OP TI-I1J ANNLXI/D LAND
IN THC CITY OP SOUTH BOND. INDIANA
(Cotat.)
9) The following information has been submitted with the Pctitirn):
a) 1. a legal description of the property, fitted as Gx/zihir "~l ";
2. a list of names and addresses of all property owners 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 year following the approval of the final site plan. hailure to
submit a final site plan or obtain a building permit within the specified time period, causes the
zoning of the petitioned properly to revert to the "A" Residential. "A" l tcight & Arca zoning
classification. Unda• certain con(litions, a tlmc CrtCntill)n Un the tiUbmlttal of the final site plan may
be requested.
10) The siggature(s) of all property owner(s), or Attorney for all property owner(s)
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EXHIBIT "A"
A parcel of land being a part of the West Half of the West Half of the
Northwest Quarter of Section 20, Township 38 North, Range 2 East, German Township, St.
Joseph County, Indiana and being more particularly described as follows:
Beginning at a point on the North line of said Quarter Section, a distance
of 99.00 feet South 89° 33'38" West of the Northeast corner of said West Half of the West Half of
the Northwest Quarter; thence South 00° 45'05" East, a distance of 164.87 feet; thence North 89°
33'38" East, parallel with said North line, a distance of 99.00 feet to a point on the East line of
said West Half of the Northwest Quarter; thence South 00° 45'08" East, along said East line a
distance of 401.47 feet to the Northerly right-of--way line of the Cleveland Road Extension;
thence Northwesterly along a curve to the right delineating said Northerly right-of--way, said
curve having a radius of 1332.39 feet, a central angle of 00° 59'20" and limited in length by a
chord of 23.00 feet that bears North 37° 06'30" West to a point of tangency; thence North 34°
52'30" West, a distance of 230.31 feet to a point of curvature; thence Northwesterly along a curve
to the left having a radius of 1054.93 feet, a central angle of 07° 22' 12" and limited in length by a
chord of 135.60 feet that bears North 38° 33'36" West to its intersection with the East line of Lot
1 in the plat of Kiskowski 2nd Minor Subdivision, the same being shown and designated as
instrument number 9130240 in the office of the Recorder of St. Joseph County, Indiana; thence
North 00° 44'26" West, along said East line, a distance of 291.26 feet to the North right-of--way
line of Brick Road; thence North 89° 33'38" East, along said North right-of--way line, a distance of
126.91 feet; thence South 00° 45'05" East, a distance of 40.00 feet to the place of beginning.
Subject to the legal rights of public highways and any easements, covenants
or restrictions of record.
Excluding all rights-of--way.
~ ~ ~ .,. ......f .~.....v- .+.+.r.+~r
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- ~ . ~ Area Plan Commission of St. Joseph CoWnty
1140 County-City Building -
227 West Jefferson B{vd.
South Bend, Indiana 46601
Robert W. Sante
Executive Director
John W. Byorni
Assistant Director
Phone 219 235-9571
`~~~~~
March 18, 1998 ~~ ~~~rJ
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
Fited in Clerk's Office
Y'~ f i 1 $ '~Q iI C~
LORITTA J. DUD1~
CR1lC~ERK,~O. BEND ttl.
Fax 219 235-9813
~~~
~u 9~
RE: A proposed ordinance and site development plan of Louis J. and Mary Kiskowski
to zone from "R" Residential to "D" Light Industrial, "A" Height and Area,
property located on the south side of Brick Road, approximately 250 feet east of
Cleveland Road, City of South Bend - APC #1834-98
Dear Council Members:
The above referenced ordinance and site development plan of Louis J. and Mary
Kiskowski was legally advertised March 5, 1998. The Area Plan Commission at its
public hearing on March 17, 1998, took the following action:
Upon a motion by Joseph Serge, being seconded by Dave McKee and unanimously
carried, the proposed ordinance and site development plan of Louis J. and Mary
Kiskowski to zone from "R" Residential to "D" Light Industrial, "A" height and
Area, property located on the south side of Brick Road, approximately 250 feet
east of Cleveland Road, City of South Bend is sent to the Common Council with a
favorable recommendation, subject to a Final Site Development Plan. The petition
area is in close proximity to other areas zoned "D" Light Industrial and is
within the Blackthorn Development Area. The Airport 2010 Plan calls for office
development for this area along Brick Road.
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,
~. ~~~-
R ber W. San e
RWS:sr
Attachment
CC: Louis J. and Mary Kiskowski
CC: Fiskars Properties, Inc.
CC: Robert Palmiter
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
STAFF REPORT March 9, 1998
Louis J. and Marv Kiskowski 1834-98
Location: on the south side of Brick
Road, apparoximately 250 feet east of
Cleveland Road
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change
from "R" Residential to "D" Light Industrial,
"A" Height and Area to allow an office
building.
EXISTING LAND USE: The property contains vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north are single family homes
zoned "R" Residential in the County and vacant
land zoned "D" Light Industrial, "A" Height
and Area in the City of South Bend; to the
east is a single family home zoned "R"
Residential in the County and an industrial
use zoned "D" Light Industrial, "A" Height and
Area in the City of South Bend, to the south
across Cleveland Road are industrial uses
zoned "D" Light Industrial, "A" Height and
Area; and to the west is a single family home
zoned "R" Residential in the County.
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 1.7 acres. Of
that, the buildings will occupy 11,040 square
feet, or 15 percent of the site; the parking
and drives will occupy 20,564 square feet, or
27 percent of the site; and 1 acre or 58
percent of the site will remain as open space.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, wetlands, flood or environmental
hazard areas are present.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer made the following comments:
The drainage plan will need to be revised
before the Final Site Plan stage.
PRELIMINARY
STAFF RECOMMENDATION: Based on the 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. The petition area is in
close proximity to other areas zoned "D" Light
Industrial and is within the Blackthorn
Development Area. The Airport 2010 Plan calls
for office development for this area along
Brick Road.
STAFF REPORT March 9, 1998
east. It is the Staff's opinion that an
office type use should have minimal impact on
the surrounding properties.
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REZONING FROM: "R" RESIDENTIAL
T0: "D" LIGHT INDUSTRIAL, "A" HEIGHT & AREA
PETITION AREA ® N
SOUTH BEND EXISTING ZONING
"D" LIGHT INDUSTRIAL O APC X1834-98
ST. JOSEPH COUNTY ZONING o 50o to0o
"R" RESIDENTIAL O Graphic Scale