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HomeMy WebLinkAbout8536-94 Zoning - 1809 & 1815 East Ireland Rd • ORDINANCE No. 8536-94 Passed by the Common Council of the City of South Bend, Indiana_ September 26, 19 94 Attest: -� City Clerk IRENE K. GAMMON Attest: /�__� 'IAi . m President of Common Council �/ Presented by me to the Mayor of the City of South Bend, Indiana— September 27,Ig 94 I City Clerk IRENE K. GAMMON Approved and signed by me �et n;GP/' 2 7 z g b ,``' Mayor ORDINANCE NO. Y531-91./ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1809 AND 1815 EAST IRELAND 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: A part of the West Half of the Northeast Quarter of Section 30, Township 37 North, Range 3 East. Centre Township, City of South Bend, County of St. Joseph, State of Indiana, described as follows: Beginning at a point on the south line of said Northeast Quarter, 198. 00 feet South 899 57' 23" West (bearing assumed) of the southeast corner of said West Half of the Northeast Quarter; thence North 009 04' 35" East parallel with the east line of said West Half of the Northeast Quarter, 656.86 feet to the south line of a parcel of land heretofore conveyed to Steven L. and Carol A. Krause by warranty deed recorded April 8, 1986 as Instrument Number 8607100; thence North 899 57' 20" West along said line, 198.14 feet (198.00 feet, deed) to the east line of a parcel of land heretofore conveyed to the Ireland Road Grace Brethern Church Inc. by warranty deed recorded April 10, 1963 in Deed Record 637, page 90; thence South 009 03' 50" West along said line 657.16 feet to the south line of said Northeast Quarter; thence North 899 57' 23" East along said line, 198.00 feet to the point of beginning. Subject to legal highways, easements and restrictions of record. be and the same is hereby established as zoning classification C-1 Commercial and a height and area district of "D". 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. 1 st READING 9 PUBLIC HEARING // 3 rd READING ,26_9y NOT APPROVED — 11 , of the ■Mn Council REFERRED PASSED q-26-9q 11-s Amex b BRB 48045-9/1/94 Amended Petition Date Filed Application No. Date received by the Area Plan Commission 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: 1809 East Ireland Road and 1815 East Ireland Road South Bend, Indiana 46614 2) Name and address of property owners of the petition site: Memorial Hospital of South Bend, Inc. 615 North Michigan Street South Bend, Indiana 46601 3) Name and address of contingent purchaser(s) , if applicable: N/A 4) It is desired and requested that this property be rezoned from B-Residential and A-Height and Area for the Southerly portion and A-Residential and A-Height and Area for the Northerly portion to C-1 Commercial and D-Height and Area for the entire parcel. 5) This rezoning is requested to allowing the following use: The principal office of physicians known as Ireland Road Family Physicians and the office of an insurance agent known as Robert Minier State Farm Agency. The insurance agents office will be at 1815 East Ireland Road and the physicians' offices will be in a new building constructed at 1809 East Ireland Road. 6) Attached is a copy of a (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) five (5) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, we 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. 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. Petitioners By /4a61A:41 Y}1,0-1--r-1--- Bruce R. Bancroft Richard W. Morgan Barnes & Thornburg 600 1st Source Bank Center • LEGAL DESCRIPTION OF 1809 AND 1815 EAST IRELAND ROAD PROPERTY A part of the West Half of the Northeast Quarter of Section 30, Township 37 North, Range 3 East. Centre Township, City of South Bend, County of St. Joseph, State of Indiana, described as follows: Beginning at a point on the south line of said Northeast Quarter, 198. 00 feet South 89= 57' 23" West (bearing assumed) of the southeast corner of said West Half of the Northeast Quarter; thence North 00° 04' 35" East parallel with the east line of said West Half of the Northeast Quarter, 656.86 feet to the south line of a parcel of land heretofore conveyed to Steven L. and Carol A. Krause by warranty deed recorded April 8, 1986 as Instrument Number 8607100; thence North 89= 57' 20" West along said line, 198. 14 feet (198. 00 feet, deed) to the east line of a parcel of land heretofore conveyed to the Ireland Road Grace Brethern Church Inc. by warranty deed recorded April 10, 1963 in Deed Record 637, page 90; thence South 00= 03' 50" West along said line 657. 16 feet to the south line of said Northeast Quarter; thence North 89°- 57' 23" East along said line, 198. 00 feet to the point of beginning. Subject to legal highways, easements and restrictions of record. BRB 49999-7/25/94 finmmtttn larpnrt Ma tie Minium fiounrit of the CV of fount!! lirnd: Your Committee of the Whole to whom was referred BILL NO. 81-94 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1809 AND 1815 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended, by substitution. Roland Kelly Chairman FREE PRESS oPleago PUBLISHING CO. 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 September 21, 1994 qi--- 1911 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 Memorial Hospital of South Bend, Inc. to zone from "B" Residential, and "A" Residential, "A" Height and Area to "C-1" Commercial, "D" Height and Area, property located at 1809 and 1815 East Ireland Road, City of South Bend - APC #1623-94 Dear Council Members: The above referenced ordinance and site development plan of Memorial Hospital of South Bend, Inc. was legally advertised September 8, 1994. The Area Plan Commission at its public hearing on September 20, 1994, took the following action: Upon a motion by John Leszczynski, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance and site development plan of Memorial Hospital of South Bend, Inc. to zone from "B" Residential, and "A" Residential, "A" Height and Area to "C-1" Commercial, "D" Height and Area, property located at 1809 and 1815 East Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed use is consistent with the current use of the property, and with other uses along Ireland Road. All proposed parking areas will be screened from adjacent parcels. In the Commission's opinion, the proposed rezoning is reasonable for this site. PLEASE NOTE that the Ordinance has been amended by the petitioner, showing a classification 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. eSin rely/ Ro ert W. Sante RWS:sr Attachment CC: Memorial Hospital of South Bend, Inc. CC: Bruce R. Bancroft Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT September 12, 1994 Memorial Hospital of South Bend, Inc. 1623-94 Location: 1809 and 1815 East Ireland Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "B" Residential, and "A" Residential, "A" Height and Area to "C-1" Commercial, "D" Height and Area to allow a physician's office and an insurance office. EXISTING LAND USE: The property contains a physician's office and an insurance office. The existing physician's office will be relocated into a new structure, and the insurance office into the former physician's office building, if this rezoning is granted. SURROUNDING LAND USE AND ZONING: Located to the north, east, and south are single family homes zoned "A" Residential, and to the west is a church zoned "A" Residential. ACCESS: Access to the site is from Ireland Road. 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 2.8 acres. Of that, the buildings will occupy 27,240 square feet, or 22 percent of the site; the parking and drives will occupy 57,502 square feet, or 47 percent of the site; and 37,440 square feet or 31 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: This site was rezoned to "B" Residential for the existing offices. Due to changes in the "B" Residential district regulations, the proposed changes require commercial zoning. The north 200 feet of this site is currently zoned "A" Residential. The whole site will be rezoned to "C-1" Commercial if this rezoning is granted. • Yd..-1 Y.,, DR . z ,„ `p`q��[`uvw Z pS. L 16 1$ v 22 _ ` 1 I SEC. 426 417 �O � N p, !-� 0_ 71A SUB. c ..�.�q--; p5 D R . 418 p, �� itt,Vl■ R� ES RES. S. Q Q WOG�NREE • 3 �� N E�PN IA 419 GQ` ter' /A\ \ SEC' 469 470 MI 1 0.�. A RES' \ RES. 420 - I M \� 478 471 RES a 1 RES. I I ANNEX. 8346-93 A.P.C. 1 341 ORD. NO. 809 472 RES. RES. D R "L7• OR D.A.P.C. 325- R . D. NO. 554 ain I ANNEX. 5540• 505 J Q L:i N I eaernaa Q n 506 O RES. U 0 ORD. NO. 180198 I—1277-89 89 ——7 ni RES. A.P.C+7865-83 ORD. NQ ,7291-84 - I D R . - --i _ 0 1 . Q- o P.P. 248- - eowEaaK 1 r. D. N0. 80151- T� I=) ANNEX. /993-89 cn RES. RES. RES. RES. : J x W ,A\ I O I I ® a ANNEX . 6000-761 Ally I ' tS. I I I I I c7 1 IRELAND '1 - RD . _ I 1 I 89 90 108L';IJ L11J hinEI L'J11- li fit _ifEEI RV. _ I I Eal R . RES. RES. RES. RES. RES. RES. RES. RES, RES. L�� I I RES. /- ORKNEY DR . °ciQ ® Iot �_ ' .2 A.P.C. 1621-94 N0 R2 1M f v L�i7 STS J L:71ti 1_!I2 ".ox Z.0. 852894 \�E�-P CC RES. RES RES. RES. ...i ',1 .N Z II -I RES. 106 129 = 136 137 O 145 146 O� 173 I I O O CC p O W ■CC I 92 O I_LI 105 130 135 139 138 ,ii 44� 147 172 1 U 93 104 131 3 J w M U 143 148 171 I a 1 `y' REZONING FROM: "A" & "8" RESIDENTAL, "8" HEIGHT & AREA TO: "C-1" COMMERCIAL, "D" HEIGHT & AREA 41111k PETITION AREA I I SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1623-94 "B" RESIDENTIAL I I "C" COMMERCIAL I I 0 100 200 "0" OFFICE I I .+ `+ Graphic Scale