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Home My WebLink About9550-06 Rezoning Ironwood and Ireland - District 5ORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana Attest: Attest: 20 06 Presented by me to the Mayor of the City of South Bend, Indiana January 24, 06 20 City Clerk President of Common Council Approved and signed by me J A P~ U A R Y 2 4, 20 0 6 Ciry Clerk Mayor January 23 , VOORDE ORDINANCE NO. 1 ~O S ~ ~~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT the Northwest Corner of Ironwood and Ireland (retention pond) , COUNCILMANIC DISTRICT (5`h district) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The property is located on Ironwood Road and is currently zoned SF-1 Single Family Residential. Rezoning a portion of the property to CB Community Business is consistent with the surrounding zoning and allows off premise signage. follows: NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as 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: Apart of the Northeast Quarter of Section 30, Township 37 North, Range 3 East, described as commencing at the intersection of the South line of the Northeast Quarter of Section 30 and the East line of said Section 30 (also being the intersection of the centerlines of Ireland Road and Ironwood Road); thence North along said East line of Section 30 and the centerline of Ironwood Road, a distance of 420.42 feet; thence West parallel with the South line of the Northeast Quarter of Section 30, a distance of 50 feet to the West right of way line of Ironwood Road and the place of beginning; thence continuing West parallel with the South line of the Northeast Quarter of Section 30, a distance of 110 feet; thence North parallel with the East line of Section 30 and the centerline of Ironwood Road 80 feet; thence East parallel with the South line of the Northeast Quarter of Section 30, a distance of 110 feet, more or less to the West right of way line of Ironwood Road; thence South along said West right of way line of Ironwood Road a distance of 80 feet to the place of beginning. Containing 0.202 acres, more or less. be and the same is hereby established as CB Community Business SECTION II. 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. Attest: C Cler ~~ Member of~h ommon Council Presented by me to the Mayor of the City of South Bend, Indiana on the 2~ ~~ day of ~~ u~ , 200 at \ ~~ ~~ o'clock ~_.m. ~ ~ ~ ~ ,per ~ - ~ ~~ ~'-,t""~- -l City Clerk ~ Approved and signed by me on the ~~ day o ~^ , 200, at o'clock . ~.m. Mayor of e City ou Bend, Indiano~ 1 st READING ~ ~- ~ `'~~ PUBLIC HEAPING ~-L3 '~~' 3rd READiNVE (.-L3 _p~ NOT APp~~VtB RE~~[l~l~ PASSED ~,.23'~~ Fi{~d to C{erk'S Office Gov - 8 X005 JQHN VSO. END, 1N. CD+(CLEAK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 86-05 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF IRONWOOD AND IRELAND (RETENTION POND), COUNCILMANIC DISTRICT (5T" DISTRICT) IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Roland Kelly Chairman 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: Ironwood Road, it is the water retention area. 2) Name and address of property owner(s) of the petition site: City of South Bend County-City Building South Bend, IN 46601 3) Name and address of contingent purchaser(s), if applicable: Name Full Address and Phone Number 4) It is desired and requested that this property be rezoned from SF-1 Single Family Residential to CB Community Business 5) This rezoning is requested to allow the following use(s): Off Premise Signs. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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 (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (fJ a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. Signature(s) of All Property owner(s) or Attomey for all property Owner(s) Gary Gilot Carl Limell Don Inks City of South Bend City of South $end City of South Bend PETITION PREPARED BY: CONTACT PERSON: (If different ci~p~(°~ ~~f~Ce Filed In Nicholas Witwer 227 W. Jefferson Blvd. ,Suite 1200S QED 3 p 2005 South Bend In, 46601 JOHN VOORflE Olr( CLERK, SO. BEND' IN. Properties Within 300 Feet of Subject Properties. Hidden Valley Mall Llc 3415 Ironwood South Bend, IN 46614 023-1040-223605 023-1040-223609 023-1040-223607 026-1034-057701 Lutheran Church of the Ascension Hilltop Church 59360 S Ironwood South Bend, IN 46614 026-1034-057704 Scp 2002e-25 Llc %cvs Corp Attn Property Admin Dept Store 6487 1 CVS Dr. Woonsocket, RI 02895 026-1034-0577 Drive & Shine Development, Inc. C/O Haji M. Tehrani, President 5406 North Main Street Mishawaka, IN 46545 023-1019-042007 Emro Marketing Company C/O Property Tax Records 539 Main St. Findlay, OH 45840 026-1040-223606 Magnum Investments Inc 2400 Miracle Ln Mishawaka, IN 46545 Luenburg Gary W. P.O. Box 588 Granger, IN 46530 023-1040-223602 023-1040-223611 023-1040-223604 Williams Associates % David Richard 2015 Ireland Rd South Bend, IN 46614 023-1050-319903 Prarie Lake Llc 1010 %2 Lincolnway Laporte, IN 46350 023-1050-319902 Teachers Credit Union Attn: Facilities Supervisor P.O. Box 1395 South Bend, IN 46624 023-1050-3199 Nagy, Ernest J and Jane P.O. Box 1124 Attn Nagy E Elkhart, IN 46515 023-1050-3200 1st Source Leasing Inc. P.O. Box 1602 South Bend, IN 46634 014-1167-618201 State of Indiana Indianapolis, IN 46204 026-1167-6180 Notre Dame Federal Credit Union P.O. Box 7878 South Bend, IN 46556 014-1167-6179 Kfh Real Estate Llc 17900 E Ireland Rd South Bend, IN 46614 Filed In Clerk's Office flOV " 8 2005 JONPJ VOOBDE CITY CLERK, S0. BEND, IN. l~ ~~~~ ~.~ ~~- 225 9. oc 3-1040 - - r ,~ --~ I j ~ °I r I I I j ~, I• I ~_~~ I ~ 55 l II I I~ 0 I Iv v n I 1 I I~ Ib ~ o I ICI ~n la ~` ol~ h \ I I I I ~I I I I ~I I I ~iw•!-i~r~ rr- .?23~.io 4. B25 ~~ i _. /S5 I ~ 223G.oo I ivy .5i8 I I~ ~ J 9 / ,7 ` /N ~ / O~ ; v ~// hn~ p{-f019 / `~ ~ ~ f ~ 04?0.07 i~ ~j .c57 I~ .__ ... "~~-.4ritl~ ~_ 30H E TWP 30 T.37N. R.3 E. 1I s~ 50 0 ~s- 40~ 50~ A 1 Fiie~ In Clerk's office NOV " 8 2005 JOHN VDORDE C(iY CLERK, S~~ ~N' REVISED 1998 Revised Copyright ig~y C""~ ~a CoPYripht 1986 THE SIDWELL COMPANY SCALE: 1" = 100' 9-30D 1200 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNe574/235-9371 Fax 574!235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT November 8, 2005 SHARON T. KENDALL EXECUTIVE DIRECTOR Area Plan Commission Of St. Joseph County 1140 County City Building South Bend, IN 46601 RE: Rezoning a Portion of the Retention Pond Located on Ironwood and Ireland Dear APC: This is a request to rezone a portion of the retention pond located on Ironwood Rd, near the intersection of Ironwood Rd and Ireland Rd from SF1 to CB Community Bussiness. This rezone is requested to facilitate an off-premise sign. This sign is beign erected in exchange for the removal of six (6) other off-premise signs that have been removed throughout the City. The zoning is consistent with the surrounding area. Nicholas Witwer Economic Development Planner Fited to Clerk's Ofi~ice t~ov - $ 2005 JO}tN ySO. BEND IN. Cry CLERK, , COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL tXC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 ELizAaerx LEONARD FAX: 574/235-9697 574/235-9371 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Assistant Director Phone 574-235-9571 www.stjosephcountyindiana.com Fax 574-235-9813 December 21, 2005 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance and site development plan of The City of South Bend to zone from "SF1" Single Family and Two Family and to "CB" Community Business, property located approximately 400 feet north of Ireland Road on the west side of Ironwood Road (retention pond), City of South Bend - APC# 2352-OS Dear Council Members: I hereby Certify that the above referenced ordinance of The City of South Bend was legally advertised on Thursday, December 8, 2005 and that the Area Plan Commission at its public hearing on Tuesday, December 20, 2005 took the following action: Upon a motion by John McNamara, being seconded by John DeLee and carried, the proposed ordinance and site development plan of The City of South Bend to zone from "SF1"Single Family and Two Family and to "CB" Community Business, property located approximately 400 feet north of Ireland Road on the west side of Ironwood Road (retention pond), City of South Bend is sent to the Common Council with a favorable recommendation. The area to be rezoned is an extension of the southern and eastern "CB" Community Business zoning district. The commercial use of this property will have minimal impacts on nearby residential areas. 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. Sincerely, `~Lu vim' . /~`+~`"~'LC, ~hn W. Byorni VU JWBar Attachment CC: The City of South Bend Nicholas Witwer Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2352-OS Owner: The City of South Bend Location: Approximately 400 feet north of Ireland Road on the west side of Ironwood Road (retention pond) Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "SF1" Single Family and Two Family to "CB" Community Business to allow an off premise sign. Land Uses and Zoning: On site: On site is vacant land that is part of a large retention basin. North: To the north is vacant land that is a retention basin. East: To the east is a church zoned "SF1" Single Family and a CVS Pharmacy zoned "CB" Community Business. South: To the south is an integrated service and retail multitenant center that is zoned "CB" Community Business and a gas station zoned "CB" Community Business. West: To the west are outdoor operations for a discount store and a retail the store zoned "CB" Community Business. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is 0.2 acres or approximately 9,000 square feet in size. The sign will be thirty-five (35) feet in height. The lease states that the lessee shall have full and free access to the site although it is not known how the site will be accessed. The sign will be two-sided so it will be viewed from both north and southbound traffic. Zoning and land use history & trends: The trend seems to be toward high intensity commercial uses along the Ireland Corridor. Areas to the north are primarily residential in nature. Traffic and transportation considerations: The MACOG traffic counting program counted 15,911 cars per day on Ironwood Drive north of Ireland Road in 2003. Utilities: Although the off premise sign will not use utilities, municipal water and sanitary sewer are available to the site. Additional information: (Agency comments) The site is located within a city owned retention area. The City of South Bend #2352-OS Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: There are no policies relating to this petition. Land Use Plan: The Land Use Plan does not address this petition. 2. Current conditions and character: The area is part of a growing commercial corridor. The area eat of Ironwood Drive is zoned "CB" Community Business District. 3. Most desirable use: Commercial uses are appropriate for this area. 4. Conservation of property values: Properly values should not be impacted negatively with the rezoning. 5. Responsible development and growth: It is responsible development and growth to rezone properties for commercial uses that are adjacent to existing commercial areas and that will not have significant impacts on residential areas. Recommendation: Based on information available prior to the public hearing staff recommends that this be sent to the Common Council with a favorable recommendation. Analysis: The area to be rezoned is an extension of the southern and eastern "CB" Community Business zoning district. The commercial use of this property will have minimal impacts on nearby residential areas. The City of South Bend #2352-OS Page 2 of 3 y Petition Area k 3 I f I j ~ ~ _ __ ..__ . _..... 1 ~ { ~ _ 7 i I f 3 ~ f FREtt+ci I RELA N D I i L__.._>:._..... ~}}} __...f -~~ -- ~...._ IRELAND Legend SQUTH BEND ZONING DISTRICT, ZONING COMMUNITY BUSINESS LOCAL BUSINESS Q OFFICE BUFFER SINGLE FAMILY ST. JQSEPH CQUNTY ZONING DISTRICT, ZONING Q AGRICULTURE REZONING FRaM:"SF1" Single Family Residential TG: "CB" Community Business COUNTY, OB APC 2352-05 SINGLE FAMILY N W E s 1 inch equals 25a feet The City of South Bend #2352-OS Page 3 of 3 IRELAND