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HomeMy WebLinkAboutRezone - 1881 N Ironwood RdORDINANCE No. a,e, -s, Passed by the Common Council of the City of South Bend, Indiana Attest: June 23, 19 97 Attest: , Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council June 24, 19 97 Approved and signed by me 24 19 V7 City Clerk v Mayor ORDINANCE NO. 97V r ` 7 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1881 NORTH IRONWOOD ROAD IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. 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 following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Beginning at a point on the North line of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, which point is S.89 °48'20" W., 329.72 ft. from the East quarter post of said Section 31, thence S.00 °26156" E., 132.11 ft.; thence N.89 °48'20" E., 289.72 ft. to the West right -of -way line of Ironwood Road; thence North along said West right - of -way line 132.11 ft. to its intersection with the South right -of -way line of Dunn Road; thence West along the South right -of -way line of Dunn Road, 289.72 ft. to the point of beginning be and the same is hereby established as "C" Commercial zoning, "A" height /area. 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. Member of the Common Counci COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 43 -97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1881 NORTH IRONWOOD ROAD, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being sent to the Council with a favorable recommendation. Sean Coleman Chairman Date Filed: 7 May 1997 Date received by the Area Plan Commission: Application No. 1776-77. ------------------------------------------------------------------------------ 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: 1881 North Ironwood Road South Bend, Indiana 2.) Name and address of property owner(s) of the petition site: 1.) Dunn Road Development LLC 2.) Ironwood North, LP P.O. Box 2709 P.O. Box 270 South Bend, Indiana.46680 South Bend, Indiana 46680 (219) 234 -5848 (219) 234 -5848 3.) Name and address of contingent'purchaser(s), if applicable: Not Applicable 4.) It is desired and requested that this property be rezoned from "0" Office Height and Area to "C" Commercial "A" Height and Area 5.) This rezoning is requested to allow the following use(s): To allow for the expansion of the existing supermarket, to include the existing office building, and to bring the zoning into uniformity with the remaining surrounding site. 6.) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within 300 feet of the petition property; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7.) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone,, 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 lan.' 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 initial zoning classifications. Under certain conditions, a time extension on the submittal of the final site plan may be requested. PETITION PREPARED BY: Korbuly • Graf • Weber, Inc. 2301 Lincolnway West South Bend, Indiana 46628 (219) 233 -2119 CONTACT PERSON(S): 1.) Dunn Road Development LLC P.O. Box 2709 South Bend, Indiana 46680 (219) 234 -5848 GregllFreehauf Filed in Clerk's Office 2.) Ironwood North, LP P.O. Box 2709 South Bend, Indiana 46680 (219) 234 -5848 Greg reehau LIST OF PROPERTY OWNERS WITHIN 300' OF SAID SITE Sam & Isadore Mirkin P.O. Box 2709 South Bend, Indiana 46680 J.A. Mirkin Realty, Inc. P.O. Box 2709 South Bend, Indiana 46680 Ironwood North, LP P.O. Box 2709 South Bend, Indiana 46680 Isadore & Mollie Mirkin P.O. Box 2709 South Bend, Indiana 46680 Raymond C. & Margaret A. Cichy P.O. Box 6244 South Bend, Indiana 46660 Evelyn M. Frazee 54420 N. Ironwood Road South Bend, Indiana 46635 John A. & Deborah Church Smith 54454 N. Ironwood Road South Bend, Indiana 46635 Leo J. & Felice M. Winkel 17989 Dunn Road South Bend, Indiana 46635 New London Lake Condominium Assoc., Inc. 1950 Bridgeview Trail South Bend, Indiana 46635 Paula Zawacki 54449 Terrace Lane South Bend, Indiana 46635 Richard W. & Cynthia L. Gray 54461 Terrace Lane South Bend, Indiana 46635 Lorraine P. Strope 54475 Terrace Lane South Bend, Indiana 46635 Michael John Shewchuk, Jr. 53245 North Ironwood South Bend, Indiana 46635 Michael John, Jr. & Edie M. Shewchuk 53245 North Ironwood South Bend, Indiana 46635 Armand Murat 11219 Anderson Road Granger, indiana 46530 James H. & Mary K. Dunfee, Jr. 54530 N. Ironwood Road South Bend, Indiana 46635 James H. & Mary K. Dunfee, Jr. 54500 N. Ironwood Road South Bend, Indiana 46635 May 12, 1997 Ms. Loretta Duda City Clerk City of South Bend 227 West Jefferson Room 455 South Bend, IN 46601 Dear Ms. Duda: Filed in Clerk office MAY 14 1997 LORETTA J. Ot10A, CITYCLEM430.6END W. Gregory L. Freehauf Vice President Finance, CFO (219) 239 -2105, Ext. 218 (219) 289 -5931 - Fax This letter is to confirm that, per Jim Voll of the Area Plan Commission staff, you will coordinate making sure that appropriate advertising and announcements are accomplished to provide for the city council to review and conclude with respect to the zoning request applicable to the Martin's Super Markets location at the corner of Ironwood Road and State Road 23. Please sign in the space below to confirm that such has been arranged and send one copy back to me. I appreciate your help in this matter. Sincerely, 3J Gregory . Freehauf Vice President, Finance, CFO GLF /jlh Necessary advertising and announcements will be taken care of to provide for June 1997 Council review. s. L etta Wda., Ci y elerk Main Office • 760 W. Cotter • P.O. Box 2709 • South Bend, Indiana 46680 Phone (219) 234 -5848 • Fax (219) 233 -9643 Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235 -9571 June 18, 1997 The Honorable Common Council City of South Bend County -City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235 -9813 Lim No q3-q 1 RE: A proposed ordinance and site development plan of Dunn Road Development, LLC and Ironwood North, LP to zone from 110" Office to "C" Commercial, "A" Height and Area, property located at 1881 North Ironwood Road, City of South Bend - APC #1776 -97 Dear Council Members: The above referenced ordinance and site development plan of Dunn Road Development, LLC and Ironwood North, LP was legally advertised June 5, 1997. The Area Plan Commission at its public hearing on June 17, 1997, took the following action: Upon a motion by Joseph Serge, being seconded by Steve Cooreman and unanimously carried, the proposed ordinance and site development plan of Dunn Road Development, LLC and Ironwood North, LP to zone from 110" Office to "C" Commercial, "A" Height and Area, property located at 1881 North Ironwood Road, City of South Bend is sent to the Common Council with a favorable recommendation, as tendered. Since the petition area is adjacent to a major.retail complex and is bordered by commercial zoning to the west and south, it is the Commission's opinion that commercial zoning is appropriate for this parcel. 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, Abe t W. 4SanK� RWS:sr Attachment CC: Dunn Road Development, LLC and Ironwood North, LP CC: Korbuly, Graf, Weber, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana s 7 �R STAFF REPORT June 9, 1997 Dunn Road Development, LLC and Ironwood North, LP 1776 -97 Location: 1881 North Ironwood Road City of South Bend REOUESTED ACTION: The petitioners are requesting a zone change from 110" Office to "C" Commercial to allow the existing office and expansion of an existing supermarket. EXISTING LAND USE: The property contains a medical office building. SURROUNDING LAND USE AND ZONING: Located to the north are condominiums and single family homes zoned "R" Residential; to the east are a single family home and an office zoned "B" Business and commercial properties zoned "C" Commercial; and to the south and west are commercial properties zoned "C" Commercial, "A" Height and Area in the City of South Bend. ACCESS: Access to the site is from Ironwood Drive. WATER SOURCE /SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 38,275 square feet. Of that, the buildings will occupy 8,000 square feet, or 21 percent of the site; the parking and drives will occupy 13,125 square feet, or 34 percent of the site; and 17,150 square feet or 45 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, or flood hazard areas are present. MACOG maps show this area as the Richard Brothers dumpsite. SITE PLAN: The site plan is final. 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 a favorable recommendation as tendered. Since the petition area is adjacent to a major retail complex and is bordered by commercial zoning to the west and south, it is, the staff's opinion that commercial zoning is appropriate for this parcel. �FINE n� NJ El 'LJIi IlJli 1-11 L-lli � - �- r Ba � Cpl ■,_,_ �' i''� IM1 -- Cea CHARLES ST. Vm� P'9 IRONWOOD C I R. __ - -J I C °a 3 C�a — Z I 0 � I _ I REZONING FROM: "0" OFFICE TO: "C" COMMERCIAL, "A" HEIGHT & AREA PETITION AREA SOUTH BEND ZONING ST. JOSEPH CO. ZONING "A" RESIDENTIAL O "C" COMMERCIAL O "B" RESIDENTIAL O "B" BUSINESS O "C —c" COMMERCIAL O "R" RESIDENTIAL O "C —c" COMMERCIAL O "0" OFFICE O N APC #1776 -97 0 100 200 300 600 Graphic Scale