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Home My WebLink About8511-94 Zoning - 112, 118 & 1122 Ironwood Dr . ORDINANCE No. 8511-94 Passed by the Common Council of the City of South Bend, Indiana_ June 27, 19 94 Attest: City Clerk IRENE K. GAMMON Attest: _ /_ ��`it _ — /J President of Common Council // Presented by me to the Mayor of the City of South Bend, Indiana— June 28, 94 z9 City Clerk IRENE K. GAMMON Approved and signed by me (0/4 19 94- ' ORDINANCE NO. 251 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118 &1122 IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA, 46615 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: PARCEL I. Lots Seventeen (17), Eighteen (18) and the South One-Half of Lot Nineteen (19) as shown on the Original Plat of River Park, City of South Bend, St. Joseph County, Indiana as recorded in the Records of the St. Joseph County, Indiana Recorder's Office. BE AND THE SAME IS HEREBY ESTABLISHED AS "B" RESIDENTIAL,"B 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. EMBER OFT "'MMON COUNCIL [/ Hied In Clerk's Office 1st READ`NG PUBLIC HEAR NG -a7-9'S‘ APR U 6 1994 3rd READING 0 7' '74 ING.VYJ NOT AP?ROVED IRENE GAMMON REFERRED CTTYCLERK,80.BEt O,IN. PASSED �_4,97-9 DATE FILED "APPLICATION NO. 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 ZONINGIORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS.LOCATED AT: 1112, 1118 & 1122 Ironwood Drive South Bend, Indiana 46615 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: John Powell, M.D. & Brian Maloney, M.D., Gerald Meyer, M.D. 3123 Mishawaka Avenue South Bend, Indiana 46615 • PHONE NUMBER (219) 288-4617. 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" HEIGHT,& AREA TO "B" Residential."B" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). Medical Clinic. 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) 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, I AND ANY CONTINGENT TURCHASER 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 WITHI14ONE. (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 PER.IOD., 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, r 'I-�cl�ti-� C�—C� k,L Brian Maloney, M.D. • PETITIONED PREPARED .BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA.46628 PHONE NUMBER (219)-234-4003 TOTAL P.01/01 • • • LEGAL DESCRIPTION Lots Seventeen (17), Eighteen (18) and the South One-Half of Lot Nineteen (19) as shown on the Original Plat of River Park, City of South Bend, St. Joseph County, Indiana as recorded in the Records of the St. Joseph County, Indiana Recorder's Office. 4: fintnmtttrr Nolo ain the atomman U ounrit of the Olttn of*anti; Bed: of the Whole Your Committee to whom was referred BILL NO. 42-94 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1112, 1118, 1122 IRONWOOD DRIVE IN THE CITY OF SOUTH BEND, INDIANA, 46615. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Roland Kelly Chairman - 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 2- Z May 18, 1994 1/42 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 John Powell, M.D. , et al to zone from "A" Residential, "A" Height and Area to "B" Residential, "B" Height and Area, property located at 1112, 1118 and 1122 Ironwood Drive, City of South Bend - APC #1599-94 Dear Council Members: The above referenced ordinance and site development plan of John Powell, M.D. , et al was legally advertised on May 5, 1994. The Area Plan Commission at its public hearing on May 17, 1994, took the following action: Upon a motion by Bruce Huntington, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of John Powell, M.D., et al to zone from "A" Residential, "A" Height and Area to "B" Residential, "B" Height and Area, property located at 1112, 1118 and 1122 Ironwood Drive, City of South Bend is sent to the Common Council with a favorable recommendation, as tendered. This site has been rezoned for medical offices in the past, but those projects were never developed. There are commercial and office uses on two other corners of this intersection, and in the Commission's opinion the proposed use is reasonable for this site. 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, 52/44, 9_„ivl_ Richard S. Jo n (y 'J RSJ:sr Attachment CC: John Powell, M.D. , et al CC: Peirce & Associates Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN R_ STAFF REPORT May 9, 1994 John Powell, M.D. , et al 1599-94 Location: 1112, 1118 and 1122 Ironwood Drive City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "B" Residential, "B" Height and Area to allow a medical clinic. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north, east, and west are single family homes zoned "A" Residential; and to the south is a restaurant zoned "C" Commercial and "B" Residential, and single family homes zoned "A" Residential. ACCESS: Access to the site is from Ironwood Drive and Pleasant Street. 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 27,225 square feet. Of that, the buildings will occupy 5,586 square feet, or 21 percent of the site; the parking and drives will occupy 12,614 square feet, or 46 percent of the site; and 9,025 square feet or 33 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 final. AGENCY COMMENTS: Variances from the required front yard setback of 25 feet along Pleasant Street to 5 feet for parking, and from the required side yard setback of 16.5 feet along the north property line to 10 feet were granted by the Board of Zoning Appeals on April 21, 1994. This site has been the subject of four rezoning petitions in the past. The first was approved for a retail shopping center in 1978. The second, for a 7-11 convenience store, was denied in 1979. The third and fourth attempts were approved for medical offices but were never developed, and in each case the zoning reverted to "A" Residential. ?`— 4J IF b II I I II I I II °.. 4 13 42 7 5 28 --37" �-3 --94c4- 14 41 AP; 715-80 6 7 0 6827-80 — —— 15 40 9 27 --3.8_-- 0. 93 • Cn AP 80 — APC 715-80 N — 16 39 10 Z.O. 1 2 2.0. 6827-80 I _ -2_6-- -59'-- -35- 92 N 17 38 11 18 37 12 8 -- 25 -- 140 66 91 �-- VINE ST . 19 36 13 --.9-- -- -. -- a1---24 20 35 14 cc 21 34 15 23 - 68 - 89 22 33 16 a 6- 1111M . 11 RES. RES. YR_ _ 23 32 17 Iii/ 24 31 18 12fffEl t5151 V 4i5aEl 70 87 a RES. RES. _ 30 1 19 --1 j• Z 13 •3 Q"— 41B 71 -6-6-. - I- 2 29 N 20 f� L APC 608- 8 — 28 21 —— 14�11ca — 4 RI li ,0. 6462 78 72 85 [v 3 0 N °u� APB 6i ED ,� 27 22 —— i 5� 4 �II� (DENIED 84 -ft- 4/ 26 23 –— _ R ..•PC 1 226 - � 5 25 24 p 'JIB is �EXP7IRED 83' 1397 • . _ Z.O. 8176-91 PLEASANT (EXPIRED) BLVD . _ _ 75 13 N'S cua OF 'Mil uli -E:t�_ Sr: I 14 f1t2 Du� 3 1 I 5� - SS 56 57I 48 I'7 6 7 -- vV illill:1 . I S�AKF 1° /'1 5 4 AG C T N - I` 4C C3 I . v 2 1 in p Sr _ 'JOSEPH H o R/ VE`� ♦ C °tr No REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "B" RESIDENTIAL, "B" HEIGHT AND AREA PETITION AREA I I • SOUTH BEND ZONING Allfh . "A" RESIDENTIAL I I "B" RESIDENTIAL I I "C" COMMERCIAL "C1" COMMERCIAL I I APC #1599-94 1" = 200'