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Home My WebLink About43-17 Updated Rezoning- 1237 & 1303 Ironwood LAWRENCE P. MAGLIOZZI EXECUTIVE. DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUN-1Y-CI1I BUILDING, SOUTH BEND, 1.ADIANA +6601 (57+) 235-9571 July 5, 2017 Filed in Clerk's Office South Bend Common Council JUL 05 2017 4t' Floor, County-City Building I{ABEE��;A; t��Wi EF South Bend, IN 46601 CITECLERK, SOLI!'EE�,J;; RE: Rezoning for 1237 & 1305 N. Ironwood, 1304 N Rosemary Ln., South Bend, IN APC#2836-17 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 10, 2017 Council meeting, and set it for public hearing at your August 28, 2017. Council meeting. The petition is tentatively scheduled for public hearing at the August 15, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincerely, *L__ David M Stanton, Jr. Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y INDIANA.C O M/A R E A P L A N PETITION FOR ZONE MAP AMENDMENT City of South Bend, Indiana I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Address(es) -, 1237 & 1303 N. Ironwood Drive & 1304 N. Rosemary Lane, South Bend, Indiana 46617. 2) The property Tax Key Number(s) is/are: Enter property tax key number(s):018-5151-0567501, 018-5151-5674, 018-5151-567403 3) Legal Descriptions: Enter full legal description: See attached. 4) Total Site Area: Enter total acres to be rezoned: 3.54 Acres. 5) Name and address of property owner(s)of the petition site: MAJCM, LLC Amiya &Sumita Dey Attn: Mr. J. Patrick Matthews, Manager 8234 Viewpoint Lane P.O. Box 6397 Cornelius, North Carolina 28031 South Bend, Indiana 46660-6397 Ph. N/A Ph. No. 1-317-987-2780 E-Mail Address N/A E-Mail Address N/A Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Filed in Clerk's Office N/A JUL 05 2017 KAREEMAH FOWLER E-mail N/A CITY CLERK,SOUTH BEND, IN Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: F I E' I From: SFl Single Family Two Family District N/A �c� JUN 2 � 2017 AR To: SF2 Single Family Two Family District ! At=�f.fns'i 8) This rezoning is requested to allow the following use(s): Insert intended use(s): Residential Uses. IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested. See attached. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: See Attached (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: See Attached (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: See Attached IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: N/A 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health, safety, comfort,community moral standards, convenience or general welfare: (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. * In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Name: Danch, Harner &Associates, Inc. Stephen Studer-Attorney, Krieg-Devault Address: 1643 Commerce Drive 4101 Edison Lakes Parkway, Suite 100 South Bend, Indiana 46628 Mishawaka, Indiana 46545 574-234-4003 mdanch @danchharner.com 574-277-1207 BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): L �... 1 U y tl R p ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1237 & 1303 N. IRONWOOD DRIVE AND 1304 N. ROSEMARY LANE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The rezoning requested is to allow for residential uses. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 6,TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING ON THE WEST RIGHT-OF-WAY LINE OF LINE OF IRONWOOD ROAD AT A POINT 640.1 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 6;THENCE CONTINUING SOUTH ALONG SAID WEST LINE A DISTANCE OF 272.10 FT. MORE OR LESS;THENCE WEST A DISTANCE OF 569.63 FT. MORE OR LESS TO THE EAST RIGHT- OF-WAY LINE OF ROSEMARY LANE;THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 271.1 FT. MORE OR LESS; THENCE EAST A DISTANCE OF 567.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.54 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as SF2 Single Family and Two Family District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock M. City Clerk Approved and signed by me on the day of , 2 at o'clock M. Mayor, City of South Bend, Indiana Filed in Clerk's Office :J:UL:05 2017 KAREEMA6-31=.OVjl c"D CITY CLERK,SOUT Ap LEGAL DESCRIPTION: THAT PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING ON THE WEST RIGHT-OF-WAY LINE OF IRONWOOD ROAD AT A POINT 640.10 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 6; THENCE CONTINUING SOUTH ALONG SAID WEST LINE A DISTANCE OF 272.10 FEET MORE OR LESS; THENCE WEST A DISTANCE OF 569.63 FEET MORE OR LESS TO THE EAST RIGHT-OF-WAY LINE OF ROSEMARY LANE; THENCE NORTH ALONG SAID EAST LINE A DISTANCE OF 271.10 FEET MORE OR LESS; THENCE EAST A DISTANCE OF 567.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 3.54 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. F Clerk's Office 05 2017 AH FOWLER CITY CLERK,SOUTH BEND, IN ��. 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