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HomeMy WebLinkAbout8512-94 Zoning - 141 E Ireland Rd ORDINANCE No. 8512-94 Passed by the Common Council of the City of South Bend, Indiana. June 27, 19 94 Attest: City Clerk IRENE K. GAMMON / Attest: "lif./ ���if l-` President of Common Council // Presented by me to the Mayor of the City of South Bend, Indiana June 28, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me 6/a9 Ig 9V Mayor ORDINANCE NO. S Si a—914 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT: 141 E. 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 parcel of land in the Southwest Quarter of the Northwest Quarter of Section 25, Township 37 North, Range 2 East, Centre Township, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of the Southwest Quarter of the Northwest Quarter of Section 25: Thence west along the south line of the Southwest Quarter of the Northwest Quarter of said Section 25 and the centerline of Ireland Road, a distance of 62.00 feet to the point of beginning; thence continuing west along said south line and said centerline, a distance of 90.00 feet; thence north parallel to the east line of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 320.20 feet to the south right of way line of Norman Street; thence east parallel to the south line of the Southwest Quarter of the Northwest Quarter of said Section 25 and the centerline of Ireland Road and on the south right of way line of Norman Street a distance of 90.00 feet; thence south parallel to the east line of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 320.20 feet to the point of beginning. Subject to legal highways and easements of record. be and the same is hereby established as C-Commercial, D-Height and 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. cif/Ksi m - if the Common ♦ccil • 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: 141 E. Ireland Road South Bend, IN 46614 2) Name and address of property owners of the petition site: Estate of Wilbur Rock 3) Name and address of contingent purchaser(s), if applicable: Kermit Hummel and Peggy Hummel 1410 Chester Street South Bend, IN 46615 4) It is desired and requested that this property be rezoned from A-Residential, A-Height and Area to C-Commercial, D-Height and Area 5) This rezoning is requested to allowing the following use: To allow for the construction of a Tuffy Auto Service Center to be owned and operated by Mr. and Mrs. Hummel 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. KERMIT HUMMEL AND PEGGY HUMMEL Li Petitioners By W. Morgan Barnes & Thornburg 600 1st Source Bank Center inn LEGAL DESCRIPTION Kermit Hummel and Peggy Hummel Rezoning 141 E. Ireland Road A parcel of land in the Southwest Quarter of the Northwest Quarter of Section 25,Township 37 North,Range 2 East, Centre Township, City of South Bend, St. Joseph County, Indiana, described as follows: Commencing at the southeast corner of the Southwest Quarter of the Northwest Quarter of Section 25: Thence west along the south line of the Southwest Quarter of the Northwest Quarter of said Section 25 and the centerline of Ireland Road, a distance of 62.00 feet to the point of beginning; thence continuing west along said south line and said centerline, a distance of 90.00 feet; thence north parallel to the east line of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 320.20 feet to the south right of way line of Norman Street; thence east parallel to the south line of the Southwest Quarter of the Northwest Quarter of said Section 25 and the centerline of Ireland Road and on the south right of way line of Norman Street a distance of 90.00 feet; thence south parallel to the east line of the Southwest Quarter of the Northwest Quarter of said Section 25, a distance of 320.20 feet to the point of beginning. Subject to legal highways and easements of record. • flmmitctrr Road Qin tie Common &until of tip Ctig of f►mrtli grub: of the Whole Your Committee to whom was referred BILL NO. 43-94 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 141 E. IRELAND ROAD, 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 favorable. Chairman Roland Kelly LIST OF PROPERTY OWNERS Kermit Hummel and Peggy Hummel Rezoning 141 E. Ireland Road Barclay Corporation Wayne A. & Alice C. Farrington P.O. Box 536 222 E. Walters Street South Bend, IN 46624 South Bend, IN 46614 Emogene E. Woodcox Robert & Nancy Wilk 127 Norman Street 205 E. Norman South Bend, IN 46614 South Bend, IN 46614 Wilbur R. & Mary A. Rock Albert J. & Mrianna Sipotz 2921 Erskine Blvd. 202 E. Walters Street South Bend, IN 46614 South Bend, IN 46614 Joseph, Sr. & Jeane Elaine Wilk William R. & Heike Dobslaw 139 E. Norman Drive 3733 Locust Road South Bend, IN 4661 South Bend, IN 46614 Bobco, Inc. Yetta Gluck P.O. Bxo 2768 2851 Northeast 183rd, Apt. 1901 South Bend, IN 46680 North Miami Bech, Florida 33160 Jeane Elaine Wilk, et al. 139 E. Norman Drive South Bend, IN 46614 Bassett LE & BDJM & PA P.O. Box 3428 Oakbrook, IL 60522 Odell J. & Della L. Curtis 149 East Ireland Road South Bend, IN 46614 Golden Bear Family Restaurants, Inc. P.O. Box 970 Wichita, KS 67201 Leonard L. & Juliana C. Whitfield 535 W. 11th Street Mishawaka, IN 46544 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 May 18, 1994 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 Kermit and Peggy Hummel (Estate of Wilbur Rock) to zone from "A" Residential, "A" Height and Area to "C" Commercial, "D" Height and Area, property located at 141 E. Ireland Road, City of South Bend - APC #1600-94 Dear Council Members: The above referenced ordinance and site development plan of Kermit Hummel and Peggy Hummel (Estate of Wilbur Rock) 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 Lee Slavinskas, being seconded by Henry Keultjes and unanimously carried, the proposed ordinance and site development plan of Kermit and Peggy Hummel (Estate of Wilbur Rock) to zone from "A" Residential, "A" Height and Area to "C" Commercial, "D" Height and Area, property located at 141 E. Ireland Road, City of South Bend, is sent to the Common Council with a favorable recommendation, subject to a final site development plan, which includes a recorded easement permitting a shared access drive between this parcel and any future development on the adjacent lot to the east. All of the lots along Ireland Road in this area, with the exception of the lot immediately to the east, are zoned for commercial uses and in the Commission's opinion, commercial zoning is appropriate for this site. However, to avoid traffic safety problems in the future, provisions for a shared access drive with the adjacent parcel should be obtained now. 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, Richard S. Jo on cifiji5 RSJ:sr Attachment CC: Kermit Hummel and Peggy Hummel (Estate of Wilbur Rock) CC: Kermit and Peggy Hummel CC: Richard W. Morgan Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT May 9, 1994 Kermit Hummel and Peggy Hummel (Estate of Wilbur Rock) 1600-94 Location: 141 E. Ireland Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "D" Height and Area to allow the construction of an auto service center. EXISTING LAND USE: The property contains a single family home. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes zoned "A" Residential; to the east are single family homes zoned "A" Residential; to the south are vacant commercial buildings zoned "C" Commercial; and to the west is a restaurant under construction zoned "C" Commercial. 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 28,818 square feet. Of that, the buildings will occupy 3,600 square feet, or 13 percent of the site; the parking and drives will occupy 7,850 square feet, or 27 percent of the site; and 17,368 square feet or 60 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: 93APC 486-7684 I Z.O. 6051-76 I 92 85 1- 62 WALTER ST . 63 ((:: 91 90 as 87 WALTER /•\ ST . 88 APC 997-85 �G Z.0. 7602-86 RES. RU. 4 1 EXPIRED 2-24-87 / 2 ---- 22 3 112 II 178 177 176 1 75 174Q ./ 21 4 113 131 130 129 1/8 127 126 125 ��Edn 'OG P9C 20 5 114 �I � `'` J APC 60A-67 r s Z.O. 4947-67 NORMAN------- � �P���' C- 18 7 APC 1023-86 278-72 Z.0 7651-86 p O `� P�� Z.O.'544472 A0. 17 8 '- Z N AC282-72 O Z. . 5454-72 1 0 APC LiJ -93++ _ Z.0 4 0 -93.-g Z.P 74 Z. . 5636-74 Z.0C0141RIR�79 15 14 13i 11 i !7iimJ1 (1. ALT COMMERCIAL 1 vc. II 12 IRELAND RD . r 11(::: 1 APC 475-7 ■ ZAOC 61 III APC 175-70 Z.O. 6031- 6 Z.O. 5109-70 EXPIRED li 88' � I APC 176-70 _ _ -_L—J • Z.O. 5212-70 z --T- 0 F --1 I I 0 .. I I i ---H /-\ — - APC 1 I 1 1 Z.o. 8�\0J I I I REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "C" COMMERCIAL, "C" HEIGHT AND AREA PETITION AREA r I SOUTH BEND ZONING "A" RESIDENTIAL I "C" COMMERCIAL I I Alblk ' "Cl" COMMERCIAL I 1 "C2" COMMERCIAL I I APC #1600-94 1" = 200'