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HomeMy WebLinkAbout9484-04 Rezoning U.S. 31, Ireland, U.S. 20 BypassORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana Alm Attei January 26, 20 04 Presented by me to the Mayor of the City of South Bend, Indiana January 27, 04 20 City Clerk esident of Common Council Approved and signed by me January 29 20 nr, City Clerk Mayor ORDINANCE NO. �N 01 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN U.S. 31 ON THE EAST, IRELAND ROAD ON THE NORTH, THE U.S. 20 BYPASS ON THE SOUTH AND ON THE WEST BY A NORTH/SOUTH LINE RUNNING APPROXIMATELY THREE HUNDRED FIFTY FEET (350') EAST OF THE EASTERN EDGE OF BURNETTE DRIVE AND EXTENDING FROM THE SOUTHERN EDGE OF IRELAND ROAD TO THE NORTHERN EDGE OF THE U.S. 20 BYPASS. 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: Tax Key No. 23 1030 1601, more particularly described as 50' W SIDE MICH BEG 290.16' S OF C/L IRELAND RD SW '/4 SEC 25- 37 -2E; Tax Key No. 23 1030 160001, more particularly described as IRR TR SW COR IRELAND & U S 31 SEC 25 37 2E; Tax Key No. 23 1030 160002, more particularly described as LOT 1 MAIN & IRELAND RD MINOR SUB SW '/4 SEC 25 37 2E; Tax Key No. 23 1030 1602, more particularly described as 50' x 282' W SIDE OF MICH BEG 340.16' S OF C/L IRELAND RD SW '/4 SEC 25- 37 -2E; Tax Key No. 23 1030 1603, more particularly described as 100' W SIDE MICH RD BEG 390.16' S OF C/L IRELAND RD SW '/4 SEC 25- 37 -2E; Tax Key No. 23 1030 1604, more particularly described as 70' x 189.93' W SIDE MICH RD BEG 490.16' S OF C/L IRELAND SW '/4 SEC 25- 37 -2E; Tax Key No. 23 1030 1605, more particularly described as LOT 5 -6 AUTENS PRO SUB 25 37 2E; Tax Key No. 23 1030 1606, more particularly described as 55' W SIDE MICH RD BEG 560.16' S OF C/L IRELAND SW '/4 SEC 25 -37 -2E PT TO STATE SEC 27- 37 -2E; Tax Key No. 23 1030 1607, more particularly described as 50' X 145' W SIDE MICH RD BEG 610.16' S OF C/L IRELAND SW '/4 SEC 25- 37 -2E; Tax Key No. 23 1030 1608, more particularly described as PT LOTS 1 & 2 & E PT VAC AUTEN ST PLEASANT VIEW MANOR; Tax Key No. 23 1030 1609, more particularly described as LOT 20 EX PT TO STATE PLEASANT VIEW MANOR ADD SEC 25- 37 -2E; Tax Key No. 23 1030 1610, more particularly described as LOT 21 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1611, more particularly described as LOT 22 PLEASANT VIEW MANOR & 21.05 X 30' REM PT OF VAC AUTEN S; Tax Key No. 23 1030 1612, more particularly described as LOT 37 LOC W OF MAIN ON S SIDE HOOVER ON LAFAYETTE PLEASANT VIEW MANOR SEC 25- 37 -2E; Tax Key No. 23 1030 1613, more particularly described as LOT 25 PLEASANT VIEW; Tax Key No. 23 1030 1614, more particularly described as LOT 38 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1615, more particularly described as LOTS 24 & 39 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1617, more particularly described as LOTS 40 & 23 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1619, more particularly described as LOT 11 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1620, more particularly described as LOT 10 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1621, more particularly described as LOT 9 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1622, more particularly described as LOT 8 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1623, more particularly described as LOT 7 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1624, more particularly described as 90' X 300' ON MAIN ST BEG 396' S OF NW COR SW 1/4 SEC 25- 37 -2E; Tax Key No. 23 1030 1625, more particularly described as LOT 2 MICKELSON'S IRELAND RD MINOR SUB; Tax Key No. 23 1030 1626, more particularly described as LOT 1 MICKELSON'S IRELAND RD MINOR SUB; Tax Key No. 23 1030 1627, more particularly described as 150' x 240' NE COR SE 1 -4 SEC 26- 37 -2E; Tax Key No. 23 1030 1628, more particularly described as M. TR. BEG 150' W OF NE COR SE 1 -4 23.87 AC. SEC. 26- 37 -2E; Tax Key No. 23 1030 1629, more particularly described as 200' X 435.6' ON IRELAND RD. BEG. 807.9' W OF NE COR SE 1 -4 2 ACRES SEC. 26- 37 -2E; Tax Key No. 23 1030 1630, more particularly described as 200 FT S SIDE IRELAND RD. X 1090 FT BEG. 1595.42 FT E OF NW COR SE 5.005 AC. SEC. 26- 37 -2E; Tax Key No. 23 1030 1632, more particularly described as 420' ON IRELAND X 1609.5' BEG 1175.42' E NW COR SE 1/4 SEC 26 37 2E EX PT TO STATE 13.735A; Tax Key No. 23 1030 1633, more particularly described as 135.32' X 1609.5' NW 1/4 SE 1/4 EX PT TO STATE 3.36 AC SEC 26 37 2E. be, and the same is hereby, rezoned to the classification of "CB" Community Business District. 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 t t— k Q— PUBLIC NEARING —Zfo ti`) 0.5 I- VA S 3 rd READING 1-2.6 �04 a T IWA NOT APPROVED REFERRED AP. + ►, o_�� f PASSED �_Z(,rU•l 0.S Z.4J�1!` `�Qy -2- a Mem er of the Common Council Filed ir, 6 �l;►�•tyA„ �ti� 01 203 Lap -ETM s: uutw'4 CITY CLEF -',. So. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 89 -03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN U.S. 31 ON THE EAST, IRELAND ROAD ON THE NORTH, THE U.S. 20 BYPASS ON THE SOUTH AND ON THE WEST BY A NORTH /SOUTH LINE RUNNING APPROXIMATELY THREE HUNDRED FIFTY FEET (350') EAST OF THE EASTERN EDGE OF BURNETTE DRIVE AND EXTENDING FROM THE SOUTHERN EDGE OF IRELAND ROAD TO THE NORTHERN EDGE OF THE U.S. 20 BYPASS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as a second substitute. Sean Coleman Chairman Date Filed: Date received by the Area Plan Commission Application No. PETITION TO REZONE The undersigned, Common Council of the City of South Bend, Indiana, as a body, hereby petitions to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: The Southwest corner of U.S. 31 and Ireland Road, being bounded by Ireland Road on the North, the U.S. 20 Bypass on the South, U.S. 31 on the East, and on the West by a North /South line running approximately three hundred fifty feet (350') East of the Eastern edge of Burnette Drive and extending from the Southern edge of Ireland Road to the Northern edge of the U.S. 20 Bypass, as depicted on Exhibit A, attached hereto, and as more particularly described on Exhibit B, attached hereto. 2) Name and address of property owner(s) of the petition site: See Exhibit C, attached hereto. 3) Name and address of contingent purchaser(s), if applicable: ANCHOR ACQUISITIONS, LTD. 30 West Third Street, 6`h Floor Cincinnati, Ohio 45202 4) It is desired and requested that this property be rezoned: From: "A" Residential, "A" Height and Area; "C" Commercial, "A" Height and Area; "C -1" Commercial, "A" Height and Area; "D" Light Industrial, "A" Height and Area; and, "E" Heavy Industrial, "C" Height and Area. To: "CB" Community Business District. 5) This rezoning is requested to allow the following use(s): A retail and service shopping center and related uses. 6) Attached is a copy of (a) a legal description of the property; (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Michael D. Hardy James W. Tuesley BARNES & THORNBURG 100 North Michigan Street South Bend, Indiana 46601 -1632 Telephone: (574) 233 -1171 SBDS02 JWT 2832390 -2- David A. Varner, Member Common Council of the City of South Bend [D:EC 0 11, 2 00 LoFMAJ. [7UIDA CITY CLEF:V , CO. PEEIM, M- 1rr�nn Y, W ❑' W 0 Z Z N En En W Z En m J Q C] W 0 El u �•1 u � z U R °N ET�T w _.... Area Plan Commission of St. Joseph County 1140 County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235 -9571 Fax 574 235 -9813 December 17, 2003 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance initiated by the Common Council of the City of South Bend to zone from "A" Residential, "A" Height and Area; "C" Commercial, "A" Height and Area; "C -1" Commercial, "A" Height and Area; "D" Light Industrial, "A" Height and Area; and, "E" Heavy Industrial, "C" Height and Area to "CB" Community Business District, property located at the southwest corner of South Michigan Street and Ireland Road, running west along Ireland Road, approximately 2,250 feet and south to the U.S. 31 North Bypass, City of South Bend - APC# 2238 -03 Dear Council Members: The above referenced ordinance of initiated by the Common Council of the City of South Bend was legally advertised on Thursday, December 4, 2003. The Area Plan Commission at its public hearing on Tuesday, December 16, 2003, took the following action: Upon a motion by Robert Hawley, being seconded by Charlotte Sobel and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend to zone from "A" Residential, "A" Height and Area; "C" Commercial, "A" Height and Area; "C -1" Commercial, "A" Height and Area; "D" Light Industrial, "A" Height and Area; and, "E" Heavy Industrial, "C" Height and Area to "CB" Community Business District, property located at the southwest corner of South Michigan Street and Ireland Road, running west along Ireland Road, approximately 2,250 feet and south to the U.S. 31 North Bypass, City of South Bend is sent to the Common Council with a favorable recommendation. In the commission's opinion, with the surrounding industrial and commercial uses in the area, this location is appropriate for the "CB" Community Business District. The "CB" District requires more stringent development standards, such as landscaping and architectural standards, while allowing the big box types of developments that are currently being contemplated for the south side of the city. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana The Honorable Council of the City of South Bend December 17, 2003 Page 2 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 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. Sincerely, Robert W. Sante RWS:sr Attachment CC: Anchor Acquisitions, Ltd. Michael D. Hardy EXHIBIT B PETITION TO REZONE filed by THE COMMON COUNCIL OF THE CITY OF SOUTH BEND LEGAL DESCRIPTION REAL ESTATE LOCATED IN ST. JOSEPH COUNTY, INDIANA: Tax Key No. 23 1030 1601, more particularly described as 50' W SIDE MICH BEG 290.16' S OF C/L IRELAND RD SW %4 SEC 25- 37 -2E; Tax Key No. 23 1030 160001, more particularly described as IRR TR SW COR IRELAND & U S 31 SEC 25 37 2E; Tax Key No. 23 1030 160002, more particularly described as LOT 1 MAIN & IRELAND RD MINOR SUB SW I/4 SEC 25 37 2E; Tax Key No. 23 1030 1602, more particularly described as 50' x 282' W SIDE OF MICH BEG 340.16' S OF C/L IRELAND RD SW %4 SEC 25- 37 -2E; Tax Key No. 23 1030 1603, more particularly described as 100' W SIDE MICH RD BEG 390.16' S OF C/L IRELAND RD SW I/4 SEC 25- 37 -2E; Tax Key No. 23 1030 1604, more particularly described as 70' x 189.93' W SIDE MICH RD BEG 490.16' S OF C/L IRELAND SW 1/4 SEC 25- 37 -2E; Tax Key No. 23 1030 1605, more particularly described as LOT 5 -6 AUTENS PRO SUB 25 37 2E; Tax Key No. 23 1030 1606, more particularly described as 55' W SIDE MICH RD BEG 560.16' S OF C/L IRELAND SW '/4 SEC 25 -37 -2E PT TO STATE SEC 27- 37 -2E; Tax Key No. 23 1030 1607, more particularly described as 50' X 145' W SIDE MICH RD BEG 610.16' S OF C/L IRELAND SW 1/4 SEC 25- 37 -2E; Tax Key No. 23 1030 1608, more particularly described as PT LOTS 1 & 2 & E PT VAC AUTEN ST PLEASANT VIEW MANOR; Tax Key No. 23 1030 1609, more particularly described as LOT 20 EX PT TO STATE PLEASANT VIEW MANOR ADD SEC 25- 37 -2E; Tax Key No. 23 1030 1610, more particularly described as LOT 21 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1611, more particularly described as LOT 22 PLEASANT VIEW MANOR & 21.05 X 30' REM PT OF VAC AUTEN S; Tax Key No. 23 1030 1612, more particularly described as LOT 37 LOC W OF MAIN ON S SIDE HOOVER ON LAFAYETTE PLEASANT VIEW MANOR SEC 25- 37 -2E; Tax Key No. 23 1030 1613, more particularly described as LOT 25 PLEASANT VIEW; Tax Key No. 23 1030 1614, more particularly described as LOT 38 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1615, more particularly described as LOTS 24 & 39 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1617, more particularly described as LOTS 40 & 23 PLEASANT VIEW MANOR; Tax Key No. 23 1030 1619, more particularly described as LOT 11 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1620, more particularly described as LOT 10 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1621, more particularly described as LOT 9 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1622, more particularly described as LOT 8 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1623, more particularly described as LOT 7 AUTENS PRO 25 37 2E; Tax Key No. 23 1030 1624, more particularly described as 90' X 300' ON MAIN ST BEG 396' S OF NW COR SW %4 SEC 25- 37 -2E; Tax Key No. 23 1030 1625, more particularly described as LOT 2 MICKELSON'S IRELAND RD MINOR SUB; Tax Key No. 23 1030 1626, more particularly described as LOT 1 MICKELSON'S IRELAND RD MINOR SUB; Tax Key No. 23 1030 1627, more particularly described as 150' x 240' NE COR SE 1 -4 SEC 26- 37 -2E; Tax Key No. 23 1030 1628, more particularly described as IRR. TR. BEG 150' W OF NE COR SE 1 -4 23.87 AC. SEC. 26- 37 -2E; Tax Key No. 23 1030 1629, more particularly described as 200' X 435.6' ON IRELAND RD. BEG. 807.9' W OF NE COR SE 1 -4 2 ACRES SEC. 26- 37 -2E; Tax Key No. 23 1030 1630, more particularly described as 200 FT S SIDE IRELAND RD. X 1090 FT BEG. 1595.42 FT E OF NW COR SE 5.005 AC. SEC. 26- 37 -2E. Filed to Clerk's Ofilce H 0, V- 5 200 3 LON -MTAJ. 0 W.:"' 1� EXHIBIT C PETITION TO REZONE filed by THE COMMON COUNCIL OF THE CITY OF SOUTH BEND NAMES AND ADDRESSES OF PROPERTY OWNERS OF PETITION SITE Eugene A. & Janet L. Pullin Peggy A. Nash w/a Life Estate 4531 S. Michigan St. for Paul A. Nash, Jr. South Bend, Indiana 46614 4643 S. Main St. South Bend, Indiana 46614 Valley American Bank & Trust Co. Brian C. & Cynthia L. Hamish c/o National City Corp. 217 W. Homer Ave. Attn.: Don Patton South Bend, Indiana 46614 101 W. Washington St. Suite 300E Indianapolis, Indiana 46255 Michael Allen & Valerie Smith 4637 S. Main St. B & H Inc. South Bend, Indiana 46614 114 W. Ireland Road South Bend, Indiana 46616 Chris A. Bone 4629 S. Main St. Lee W. & Elizabeth A. Boone South Bend, Indiana 46614 4538 S. Main Street South Bend, Indiana 46614 Steven M. & Diane E. Monroe 4605 S. Main St. Lawrence Low South Bend, Indiana 46614 2576 Mary St. Niles, MI 49120 1 st Source Bank Attn.: Jeff Buhr Richard E. & Era J. Harman P.O. Box 1602 4644 S. Main St. 100 N. Michigan St. South Bend, Indiana 46614 South Bend, Indiana 46634 Doris E. Allen Perfection Bakeries 951 Southern Ave. 350 Pearl Street Indianapolis, Indiana 6885 Ft. Wayne, Indiana 46802 Louis E. & Elizabeth A. Keszei City of South Bend 4628 S. Main St. 227 W. Jefferson South Bend, Indiana 46614 South Bend, Indiana 46601 Indiana & Michigan Electric Co. St. Joseph County Att.: Tax Department County -City Building P.O. Box 24400 301 Cleveland SWO South Bend, Indiana 46601 Canton, OH 44701 Fifth Third Bank Indiana (Northern) A. Michigan Banking Corp. 830 Pleasant St. St. Joseph, MI 49085 Harold D. & Joyce E. Rankin 21475 Ireland Rd. South Bend, Indiana 46614 SBDS02 JWT 283245v1 Filed in Clerk's Office NOV - 5 2003 LORMAJ. M PETITION TO REZONE filed by THE COMMON COUNCIL OF THE CITY OF SOUTH BEND EEYNO. 23- 1030 -1601 23- 1030 - 160001 23- 1030 - 160002 23 -1030 -1602 23- 1030 -1603 23- 1030 -1604 23- 1030 -1605 23- 1030 -1606 23 -1030 -1607 ADJACENT PROPERTY OWNERS: NAME AND ADDRESS Eugene A. Pullin and Janet L. Pullin 4531 S. Michigan Street South Bend Indiana 46614 Valley American Bank & Trust Co. National City Corp. ATTN: Don Patton 101 W. Washington St. Ste. 300E Indianapolis Indiana 46255 B & H Inc. 114 W. Ireland Road South Bend Indiana 46616 Eugene A. Pullin and Janet L. Pullin 4531 S. Michigan Street South Bend Indiana 46614 Lee W. Boone and Elizabeth A. Boone 4528 S. Main Street South Bend Indiana 46614 Lawrence L. Low 2576 Mary Street Niles Michigan 49120 Lawrence L. Low 2576 Mary Street Niles Michigan 49120 Lawrence L. Low 2576 Mary Street Niles Michigan 49120 Lawrence L. Low 2576 Mary Street Niles Michigan 49120 KEYNO. NAME AND ADDRESS 23- 1030 -1608 Lawrence L. Low 2576 Mary Street Niles Michigan 49120 23- 1030 -1609 Richard E. Harman and Vera J. Harman 4644 S. Main Street South Bend Indiana 46614 23- 1030 -1610 Doris E. Allen 951 Southern Avenue Indianapolis Indiana 46203 23- 1030 -1611 Louis E. Keszei and Elizabeth A. Keszei 4628 S. Main Street South Bend Indiana 46614 23- 1030 -1612 Indiana & Michigan Electric co. ATTN: Tax Department P.O. Box 24400 301 Cleveland SWO Canton Ohio 44701 23- 1030 -1613 Peggy A. Nash and Paul A. Nash, Jr. 4643 S. Main Street South Bend Indiana 46614 23- 1030 -1614 Brian C. Harnish and Cynthia L. Hamish 217 W. Homer Avenue South Bend Indiana 46614 23- 1030 -1615 Michael Allen Smith and Valerie Smith 4637 S. Main Street South Bend Indiana 46614 23- 1030 -1617 Chris A. Bone 4629 S. Main Street South Bend Indiana 46614 23- 1030 -1619 Steven M. Monroe and Diane E. Monroe 4605 S. Main Street South Bend Indiana 46614 23- 1030 -1620 Steven M. Monroe and Diane E. Monroe 4605 S. Main Street South Bend Indiana 46614 KEYNO. NAME AND ADDRESS 23- 1030 -1621 Steven M. Monroe and Diane E. Monroe 4605 S. Main Street South Bend Indiana 46614 23- 1030 -1622 Steven M. Monroe and Diane E. Monroe 4605 S. Main Street South Bend Indiana 46614 23- 1030 -1623 Steven M. Monroe and Diane E. Monroe 605 S. Main Street South Bend Indiana 46614 23- 1030 -1624 1"Source Bank ATTN: Jeff Buhr P.O. Box 1602 100 N. Michigan St. South Bend Indiana 46634 23- 1030 -1625 1" Source Bank ATTN: Jeff Buhr P.O. Box 1602 100 N. Michigan St. South Bend Indiana 46634 23- 1030 -1626 Perfection Bakeries 350 Pearl Street Ft. Wayne Indiana 46802 23- 1030 -1627 City of South Bend 227 W. Jefferson South Bend Indiana 46601 23- 1030 -1628 St. Joseph County County City Building South Bend Indiana 46601 23- 1030 -1629 Fifth Third Bank Indiana (Northern) A Michigan Banking Corp. 830 Pleasant Street St. Joseph Michigan 49085 23- 1030 -1630 Harold D. Rankin and Joyce E. Rankin 21475 Ireland Road South Bend Indiana 46614 EEYNO. NAME AND ADDRESS 23- 1030 -1632 Whiteford Real Estate LLC 1901 Western Avenue South Bend Indiana 46619 23- 1013 -0758 Lock Joint Tube, Inc 515 W. Ireland Road South Bend Indiana 46614 23- 1025 -1331 Dorothy Phillipoff Probst BJ's Liquors Inc. 1533 S. Lake George Drive Mishawaka Indiana 46545 23- 1025 -1335 Jack O. Canfield and Ramona J. Canfield 425 W. Grand Rivern Road Williamston Michigan 48895 23- 1025 -1339 Ricjan, LLC 22800 West Ireland South Bend Indiana 46614 23- 1025 -1342 Viola P. Fisher, Trustee %Ralph Lybarger 52600 Jackie Lane South Bend Indiana 46637 23- 1025 -1355 Herschel L. Craig and Phyllis I. Craig 322 E. 13th Street Mishawaka Indiana 46544 23- 1025 -1356 Veachel W. Stockton, Jr. 4407 S. Main Street South Bend Indiana 46614 23- 1025 -1357 Florence L. Rafalski 411 S. Main Street South Bend Indiana 46614 23- 1025 -1358 Joseph Molnar and Sharon Molnar 19685 Gilmer Street South Bend Indiana 46614 KEYNO. NAME AND ADDRESS 23- 1025 -1359 Thomas R. Ramirez and Ann C. Ramirez 207 W. Ireland Road South Band Indiana 46614 P.O. Box 4399 South Bend Indiana 46634 23- 1035 -1759 Howard Stump 60856 US 31 S. South Bend Indiana 46614 23- 1035 -1760 Donald W. Zimmerman, Trustee 4600 S. Michigan Street South Bend Indiana 46614 23- 1035 -1761 Howard D. Stump and L. Louise Stump 4600 S. Michigan Street South Bend Indiana 46614 23 -1035 -1768 Donald W. Zimmerman, Trustee 4600 S. Michigan Street South Bend Indiana 46614 23- 1035 -1769 Donald W. Zimmerman, Trustee 4600 S. Michigan Street South Bend Indiana 4661470 23- 1035 -1770 Verna L. Woolfe Roger W. Ziegelmaier 512 Wilderness Court Schererville Indiana 46375 23- 1035 -1771 South Bend K -M, LLC % Burr Wolfe P.O. Box 22799 Houston Texas 77227 SBDS02 SJQ 281802v1 Filed In Clerks Office N011 - 5 2093 LonmA J. mm Area Plan Commission of St. Joseph County 1140 County -City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 574 235 -9571 Fax 574 235 -9813 December 3, 2003 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 Dear Council Members: Please be advised that the Area Plan Commission will hold a public hearing in the Council Chambers, located on the 4`h floor of the County -City Building, on Tuesday, December 16, 2003 at 3:30 p.m. local time. At this public hearing, the following will be considered: A proposed ordinance initiated by the Common Council of the City of South Bend to zone from "A" Residential, "A" Height and Area; "C" Commercial, "A" Height and Area; "C -1" Commercial, "A" Height and Area; "D" Light Industrial, "A" Height and Area; and,. "E" Heavy Industrial, "C" Height and Area to "CB" Community Business District, property located at the southwest corner of South Michigan Street and Ireland Road, running west along Ireland Road, approximately 2,250 feet and south to the U.S. 31 North Bypass, City of South Bend - APC #2238 -03 The rules of the Commission require that you or your representative must be present at this meeting to represent your petition, or the matter will not be considered. If you have any questions, you may contact the Area Plan Commission. A Commission Staff Report will be available at the Commission office after 1:00 p.m. on Monday, December 8, 2003. Printed on the reverse side of this notice is an outline of the Commission's public hearing procedure. AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN CC: Anchor Acquisitions, Ltd. Michael D. Hardy Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT Initiated by the Common Council of the City of South Bend 2238 -03 Location: The southwest corner of U.S. 3 l and Ireland Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area; "C" Commercial, "A" Height and Area; "C -1" Commercial, "A" Height and Area; "D" Light Industrial, "A" Height and Area; and, "E" Heavy Industrial, "C" Height and Area to "CB" Community Business District to allow a retail and service shopping center and related uses. EXISTING LAND USE: The property contains single- family homes, offices, a fire station, commercial and industrial uses. SURROUNDING LAND USE AND ZONING: Located to the north are single- family homes zoned "A" Residential, "A" Height and Area, commercial uses zoned "C" Commercial, "A" Height and Area, and industrial uses zoned "E" Heavy Industrial, "A" Height and Area, To the south is the Bypass and utilities zoned "D" Light Industrial, "A" Height and Area. To the east are commercial uses zoned "C" Commercial, "A" Height and Area. To the west are industrial uses zoned "E" Heavy Industrial, "C" Height and Area. ACCESS: Access to the site has not been addressed. 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 approximately 62 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells or wetlands are present. Part of this site appears to be in or near the 100 year flood plain. The inactive St. Joseph County (Bendix) land fill is located on this site. SITE PLAN: A site plan is not required for rezonings initiated by the Common Council. AGENCY COMMENTS: The City Engineer has not made any comments. STAFF RECOMMENDATIONS: 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. In the staffs opinion, with the surrounding industrial and commercial uses in the area, this location is appropriate for the "CB" Community Business District. The "CB" District requires more stringent development standards, such as landscaping and architectural standards, while allowing the big box types of developments that are currently being contemplated for the south side of the city.