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Home My WebLink AboutZoning - 332 N Ironwood Dr ORDINANCE No. 8676-96 Passed by the Common Council of the City of South Bend, Indiana. May 28, r9 96 Attest: City Clerk LOR TTA i . DU► ' Attest:-7 President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana— May 29, 96 19 p6e6L. City Clerk LORETTI J. D Approved and signed by me 19 c�/ 6 T Mayor REVISED 03/25/96 ORDINANCE NO. "(76 4' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 332 NORTH IRONWOOD DRIVE 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT'S 15, 19 AND 20 OF THE PLAT OF "COQUILLARD WOODS ADDITION, SECTION "A" RECORDED IN PLAT BOOK # 12, ON PAGES 114 AND 115 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.85 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C-1" COMMERCIAL, "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. -7044.er MEMBER OF THE COMMON COUNCIL REVISED 03/25/96 DATE FILED APPLICATION NO. / 7 DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION 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: 332 NORTH IRONWOOD DRIVE SOUTH BEND, INDIANA 46615 2) . NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: CRESSEY & EVERETT, INC. 4215 EDISON LAKES PARKWAY SUITE 200 MISHAWAKA, INDIANA 45645 PHONE NUMBER (219)271-4060 3) .NAME AND ADDRESS OF CONTINGENT PURCHASER(S) , IF APPLICABLE: N.A. 4) . IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL, "A" HGT. & AREA AND "C" COMMERCIAL "A" HGT. & AREA TO "C-1" COMMERCIAL, "A" HGT. & AREA 5) . THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S) : A) . RECONSTRUCTION OF A REAL ESTATE OFFICE 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; (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 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 INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. SIGNED, ZY)1,41) (51, - DON L. ROSS FOR CRESSEY & EVERETT, INC. PETITIONED PREPARED BY AND CONTACT PERSON: DON L. ROSS 420 MIAMI- CLUB DRIVE MISHAWAKA, INDIANA 46544 PHONE NUMBER (219) 259-3694 REVISED 03/25/96 LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS 15, 19 AND 20 OF THE PLAT OF "COQUILLARD WOODS ADDITION, SECTION "A" RECORDED IN PLAT BOOK # 12, ON PAGES 114 AND 115 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.85 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 16-96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 332 NORTH IRONWOOD DRIVE IN THE CITY OF 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 amended by substitution. Cleo Washington Chairman 04i23/1996 06151 FRUN PEIRCE 6 R550C[RTES 10 2594220 P.02Y02 REVISED 04/23/96 DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION AND PETITION THE COMMON COUNCIL OF THE CITY OP SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED AT: 332 NORTH IRONWOOD DRIVE SOUTH BEND, INDIANA 46615 2). MAHE AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: CRESSEY & EVERETT, INC. 4215 EDISON LAKES PARKWAY SUITE 200 MISHAWAKA, INDIANA 45645 PHONE NUMBER (219)271-4060 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAJ„--„8!' MGT. .. ARFA A_Nn vGn COMHERC "0"_ffGT. & AREA TO "v-1" COMMERCIAL. "A" HGT. & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RECONSTRUCTION OF A REAL ESTATE OFFICE 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; (C) SIX (6) SITE PLANS; AND (0) 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 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 TO THE INITIAL y9NING CLASSIEICAT;ON. UNDER CERTAIN CONDITIONS, A TIME EXTENSION N THE SURE TTAL THE FINAL SITE PLAN HAY BE REQUESTED. SIGNED, DON L. ROSS FOR CRESSEY & EVERETT, INC. PETITIONED PREPARED BY AND CONTACT PERSON: DON L. ROSS 420 MIAMI CLUB DRIVE MISHAWAKA, INDIANA 46544 PHONE NUMBER (219) 259-3694 Flied i : y 4$ Office APR 2 4 199e LORETTA J. DUDA ,'W, CRY CLERK,SO BEND TOTAL P.02/02 pk. PEIRCE & ASSOCIATES Land Surveyors & Professional Engineers H. Douglas Peirce L.S. Ronald Harner L.S. Michael J. Danch L.A. Michael A. Bramlett P.E. Honorable Common Council March 1, 1996 of the City of South Bend 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Cressey & Everett for 332 North Ironwood Drive, South Bend: Dear Council Members: Attached please find a Rezoning Application form, Ordinance form and Site Plan for a proposed Rezoning for 332 North Ironwood Drive, South Bend. On behalf of our clients, Cressey & Everett we are requesting the Rezoning to allow for the reconstruction of their Real Estate Office which was located on the property, but which just recently burned down. This Rezoning will encompass all the property now owned by Cressey & Everett at the North Ironwood address. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, 1,1 1111111 4011. N6S10- 4 Michael J. Danch Vice President Planning File # 960273 Lewp Md Disk # 81 t a & 199 3231 Sugar Maple Court, South Bend, Indiana 46628 219/234-4003 Fax 219/234-4119 208 West Mars, Berrien Springs, Michigan 49103 616/471-3010 AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director / 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219)235-9571 FAX(219)235-9813 April 17, 1996 I / - h(0, The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Cressy & Everett, Inc. to zone from "A" Residential, "A" Height and Area, and "C" Commercial, "D" Height and Area to "C-1" Commercial, "A" Height and Area, property located at 332 North Ironwood Drive, City of South Bend - APC #1709-96 Dear Council Members: The above referenced ordinance and site development plan of Cressy & Everett, Inc. was legally advertised April 4, 1996. The Area Plan Commission at its public hearing on April 16, 1996, took the following action: Upon a motion by Bruce Huntington, being seconded by Henry Keultjes and unanimously carried, the proposed ordinance and site development plan of Cressy & Everett, Inc. to zone from "A"Residential, "A" Height and Area and "C" Commercial, "D" Height and Area to "C-1" Commercial, "A" Height and Area, property located at 332 North Ironwood Drive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan.. The petitioners are requesting the zoning change to allow them to replace a real estate office damaged by fire. One half of the petition area is currently zoned "Cu Commercial and the proposed use is consistent with the other uses at the intersection of Ironwood and McKinley. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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, Filed in Clerk's Office Richard S. Johnson r RSJ:sr r;:` 1 7 Attachment CC: Cressy & Everett, Inc. CC: Don L. Ross Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT April 8, 1996 Cressy & Everett, Inc. 1709-96 Location: 332 North Ironwood Drive City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential "A" Height and Area and "C" Commercial "D" Height and Area to "C-1" Commercial, "A" Height and Area to allow the reconstruction of a real estate office. EXISTING LAND USE: The property contains a fire damaged real estate office. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes zoned "A" Residential, "A" Height and Area; to the east are single family homes zoned "A" Residential, "A" Height and Area; to the south is a restaurant and a vacant commercial building zoned "C" commercial, "D" Height and Area, and a single family house zoned "A" residential, "A" Height and Area; and to the west is a gas station and a bank zoned "C" Commercial, "D" Height and Area. ACCESS: Access to the site is from Ironwood Dr. , McKinley Ave. , and Eunice Ave. 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 36,960 square feet. Of that, the buildings will occupy 8,660 square feet, or 23 percent of the site; the parking and drives will occupy 20,590 square feet, or 56 percent of the site; and 7,710 square feet or 21 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: • I - 254 247 218 249 ' 250 251 252 _ - • -253-- 0 -1-8.6- 1 193 192 191 190 189 188 187 A =, 185 2 - CEDAR ST . 3 a - 178 177 178 179 180 181 I � 8 182 RES. RES,,.,_ 8 1._ 8 RES. 9 _ 104 - _-8 E 111 110 109 108 107 108 105 -- R�..-..,,��_ RES. j`*---ESA-'�, RES. MAD SON ST . 10 fralei RES. V ii t s , 94 95 98 97 98 99 100 11 / 1'UF1 fEn RES. CI RES. 29 28 27 26 25 24 23 ° I, -'- '9.- L t�, �� I�\ Z W RES, 350' M C K I N L E Y PETITION AREA HW Y . 97 144 t brd 05E3 -- —98— — — —1'43-— RES. GAS STATION COMMERCAL 35 fl332 1 2 3 99 —142__ 147 ° n l�11 Q RES. RES. APC 115-69 p � CLUB 1 48 100 _ 1 41 - Z.O. 5151-TO �� 29 CLUB D R . • 101 140 149 188 11-EMT 18 150 ~ 28 15 14 10 CK 102 139 - lll.��JJ�■LJJJ� APC 1270-89 p 103 1 38 /si Z.O. 8018-89 17 13 R 2 7 ES. 104 137 - 152 - E 82 1 05 136 -15.4-= 1 84 RES.-■ 26 18 1 2 81 a - toe 135 28 27 APC 1362-90 t� V 19 11 80 Q 29 — Z.O. 8122-90 `Q�� 25 Z --1 107 134 — 28 O yr'�G 20 79 �■ 0 EYE CLINIC P W 10 108 133 30 25 OOH 78 D 31 24 Z �yl 24 O 109 132 0 `�0 p� 21 9 77 11 0 131 32 23 C O�. Q 78 -.-- 33 �� APC 192-70 23 22 8 22 Z.O. 5278-71 - „A REZONING FROM: "A" RESIDENTIAL & "C" COMMERCIAL, "A" & "D" HEIGHT & AREA TO: "C-1" COMMERCIAL, "A" HEIGHT & AREA PETITION AREA zio`wsom SOUTH BEND ZONING APC #1709-96 Alibik "A" RESIDENTIAL I I 0 100 200 "B" RESIDENTIAL I I K `+ "C" COMMERCIAL I I Graphic Scale / - 611?112/6IZW! • t661'%2/61Z.C4 b 2ZMT'W bar N,OS'a,a)1VYN In6K It2t • am.w j tt tt U V t toU.t 14 ban S31VIOOSSV V' 3O2JI3d '*.— ant .g 1 of �Is e 1 , 1 =—QED i 11 et 0 R Ne r g sir € A .§ l l s 1 t 1 R `, �11 -i Oi e; i 3 e; e f -� o ¢i Ili R gg r� � § ! &Y Ill 11 ® a 3$= I E b q p Ogee 0,1 ee l -g1 0° s 1� 5•g § M. is !in:-c 1_ UN Q14- re E6 91 1 a 3Mi ROr.00 o P9Msr 6 :: 3A1 2:1C1 3311\1113 'M'0'2i ,09 6r :1 t.0 .¢ o a. / 6¢trir t d 1 i1 '� �. • ,:R H I - H ' QaI—I M .. . , W w O Z ° , j t• 'ii \ , 0 o O s r CI c6 U04 Z 8 p / � zo ; ? �m �':?( w O a cv b Z v. g-'F I s >- ,, W . . . x w I -l! t a , • I °I II § . F.. 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