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HomeMy WebLinkAboutAnnexation - Land in German Township - James & Barbara Kidder - Northwest of Olive Rd & Cleveland RdORDINANCE No. eas~~ Passed by the Common Council of the City of South Bend, Indiana March 23F 19 ~~ Attest: ~ ~ City Clerk LORETTA y. D Attest: Presented by me to the Mayor of the City of South Bend, Indiana March 25, March 26 City Clerk Approved and signed by me President of Common Council 19 98 19 98 Mayor ORDINANCE NO. ~U 1 ~~ I U 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; (JAMES & BARBARA KIDDER PETITION) (NORTHWEST CORNER OF OLIVE ROAD & CLEVELAND ROAD SOUTH BEND, INDIANA 46628) STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 21.86+J- 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: Legal Description (This legal includes all adjacent rights-of-way, as required by state law) THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19 AND THE NORTHWEST QUARTER OF SECTION 30, BOTH IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE N. 00°-00'-00" E. (ALL BEARINGS ASSUMED) ALONG THE WEST LINE OF SAID SECTION 19, 865.00 FEET MORE OR LESS; THENCE S. 89°-53'-13" E. PARALLEL WITH THE SOUTH LINE OF SAID SECTION 19, 1075.83 FEET MORE OR LESS TO THE WEST RIGHT-OF- WAY LINE OF OLIVE ROAD; THENCE S. 00°-00'-00" W. ALONG SAID WEST RIGHT- OF-WAY AND ITS SOUTHERLY EXTENSION, 885.00 FEET MORE OR LESS TO THE INTERSECTION WITH THE SOUTH LINE OF CLEVELAND ROAD AND ITS EASTERLY EXTENSION; THENCE N. 89°-53'-13" W. ALONG THE SOUTH LINE OF CLEVELAND ROAD AND ITS EASTERLY EXTENSION, 1075.83 FEET MORE OR LESS TO THE WEST LINE OF SAID SECTION 30; THENCE N. 00°-00'-00" E. ALONG THE WEST LINE OF SAID SECTION 30, 20.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 21.86 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND 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. 2 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 right-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 RC-.S%!~,G ~- ~- / 0 PUBLIC h{~A';;PdG ,3 - ~3 8 3rd READii~lG J . ~ ~ , C~ NOT ArPROVED REr'ERRED PASSED ~,.~~_ ~ B ~ ~ ~-..> U~ST~/U~i~ COMMITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 25-98 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; JAMES & BARBARA KIDDER PETITION - NORTHWEST CORNER OF OLIVE ROAD & CLEVELAND ROAD, SOUTH BEND, INDIANA 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 t PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I, (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 foe 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). I, (We) am/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 designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (Check One): X a. fifty-one percent (510) of the owners of the land in the territory sought to be annexed; Or b. the owners of seventy-five 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: Northwest Corner of Olive Road & Cleveland Road South Bend, Indiana 46628 5). That the name and address of the property owner(s) of the petition site is/are: James & Barbara Kidder C/O Attorney Edward J. Gray Barnes & Thornburg 100 N. Michigan Street South Bend, Indiana 46601 (219) 233-1171 6). That the name and address of the contingent purchaser(s), if applicable, is/are: N/A 7). The parcel is 21.86 +/- acres in size and currently has the following use(s) on it: Vacant ground. 8). It is desired and requested that the petition site be rezoned From: "R" Residential (in the unincorporated County) To: "D" Light Industrial, "A" Height & Area for the following use: Industrial uses. 2 PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND INDIANA (Continued) 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 the name, addresses and tax key numbers 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. 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. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 10). The signature(s) of all the property owner(s), or Attorney for all property owner(s); Signed- Address. James & Barbara Kidder 750 Old County Road 553 G~~ii nn, Phi chi gan 49841-8744 (906)-249-1665 Petition prepared by: Michael J. Danch Peirce & Associates, Inc. 3231 Sugar Maple Court South Bend, Indiana 46628 (219) 234-4003. _.__~... i..~J • ~ . ~4rea Plan Commission of St. Joseph County .. . -~ ,~ ~ ~ 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director Phone 219 235-9571 March 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Filed in Clerk's Office i!':~ 1 ~ #~9ffi LOR9.TTA J. oUOe CITY CLERft, SO. BENn, !N. John W. Byorni Assistant Director Fax 219 235-9813 .SILL alb. ~?5 9k RE: A proposed ordinance and site development plan of James and Barbara Kidder to zone from "R" Residential to "D" Light Industrial, "A" Height and Area, property located at the northwest corner of Olive Road and Old Cleveland Road, City of South Bend - APC #1833-98 Dear Council Members: The above referenced ordinance and site development plan of James and Barbara Kidder 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 Willie Morgan, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of James and Barbara Kidder to zone from "R" Residential to "D° Light Industrial, "A" Height and Area, property located at the northwest corner of Olive Road and Old Cleveland Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. This site is part of the Blackthorn Development Plan, which designates this area for industrial uses. This site will be a logical extension of the existing industrial development and zoning to the east across Olive Road and has access to the Toll Road, St. Joseph Valley Parkway, and the Airport. 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. Sincerely, ~~lN ~ f~~ Ro ert W. Sante RWS:sr Attachment CC: James and Barbara Kidder CC: Peirce & Associates, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT March 9, 1998 James and Barbara Kidder 1833-98 Location: the northwest corner of Olive Road and Old Cleveland 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 industrial uses. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND TONING: Located to the north is vacant land zoned "R" Residential; to the east is an industrial use zoned "D" Light Industrial, "A" Height and Area in the City of South Bend; to the south are single family homes and vacant land zoned "R" Residential; and to the west is vacant land zoned."R" Residential. ACCESS: Access to the site is from Old Cleveland and Olive Roads. 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 20 acres. Of that, the buildings will occupy 7 acres, or 36 percent of the site; the parking and drives will occupy 8 acres, or 41 percent of the site; and 5 acres, or 23 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: A drainage plan will be required at 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. This site is part of the Blackthorn Development Plan, which designates this area for industrial uses. This site will be a logical extension of the existing industrial development and zoning to the east across Olive Road and has access to the Toll Road, St. Joseph Valley Parkway, and the Airport. I I ~ ~llu .~ i t I ~, ~ ~' o I I I I I pl I I l D o 11.~~11 I I I I I I I I ~' PETITION AREA 11Xt51AYl I I I I I ~ CIE~ELANO I ~ I ~ I I I I I ~-- I~ I ~ ~ I I I I _~ I I I ~J ~ I j-~ _ I I ~ I I~ I I r~ ~~~ !~ REZONING FROM: "R" RESIDENTIAL TO: "D" LIGHT INDUSTRIAL, "A" HEIGHT & AREA PETITION AREA SOUTH BEND_ EXISTING ZONING "A" RESIDENTIAL "D" LIGHT INDUSTRIAL ST. JOSEPH COUNTY ZONING "R" RESIDENTIAL "A" AGRICULTURAL "M" MANUFACTURING iv APG ~ 1833-98 0 20D X00 800 Graphic Scale ANNEXATION DIAGRAM FOR JAMES & BARBARA KIDDER Ordered By: Verkler Construction Co. Survey Date: January 30, .1998 File No.: 980151 W N 0: Z OD M f. °! r V d N ~. O m IJ 3 S.89°53' 13"E. 1075.83'± i ~+ X, te5 P~ ~6 Z~. ~,ea ~~e roe P 10 tes P SOUTH LINE SEC. 19, T.38 N., R.2 E. ~ R W Line R/W Line ~ R/W Line C/L NIMITZ ~ - AY R/w Line c W N.89°53'13"W. R/W Llne 1075.83'± '' I R/w Line N -NORTH LINE SEC. 30, T.38 N., R.2 E. ~ N u ~ SOUTHWEST COR. SEC. 19, T.38 N., R.2 E. c ~ J ' o ~~ b NORTHWEST COR. SEC. 30, T.38 N., R.2 E. 3 ~ o ~ ~- o° e°o O Z ~ . _ . _ , ._ ~ ~, ~ 2 a .v~ _ .n.~.. ~ + ' m _ EF3 4 1~19u R F ' ;' -`-o- ' «. ~ , ... ~ ~ ~ Revised 2/2/98 Adjusted Annex. Line per City comments. Scale 1"=200'