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Home My WebLink About8429-93 Amending Zoning 200 Block of West Ireland Rd • 1. • ORDINANCE No. 8429-93 Passed by the Common Council of the City of South Bend, Indiana- _ NnvPmhPr R, 19 c - Attest: Cit y Clerk IRENE K. GAMMON Attest: ;4 _ Alf•_ - President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 9, 19 93 City Clerk IRENE K. GAMMON Approved and signed by me / 1993 Mayor • • ORDINANCE NO. g4 a9-q3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 200 BLOCK OF WEST IRELAND ROAD (SOUTHWEST CORNER OF IRELAND ROAD & SOUTH MAIN STREET) 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: PARCEL I. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DE§CRIBED AS: BEGINNING AT THE WEST QUARTER POST OF SAID SECTION 25; THENCE S. 03'-52'-00" W. ALOG THE WEST LINE OF SAID QUARTER SECTION, 396.00 FT. MORE OR LESS; THENCE S. 86'-08'-00" E., 302.57 FT. MORE OR LESS TO THE WEST RIGHT-OF- WAY LINE OF SOUTH MAIN STREET; THENCE N. 05 -30'-OO" E. ALONG SAID WEST LINE, 417.42 FT. MORE OR LESS TO THE EAST AND WEST QUARTER LINE OF SAID SECTION AND THE CENTERLINE OF IRELAND ROAD; THENCE N. 900-00'-00" W. ALONG SAID EAST AND WEST QUARTER LINE AND CENTERLINE, 315.18 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.879 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "D" LIGHT INDUSTRIAL. "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. MEMB F THE COMMON COUNCIL ,ailed in Clerk's Office READING -/ Arnett e'r oat a provuO Ht! . Q - �-� opportunity for public diecu: eioi PUBLIC HEARING 9 13rd READING J/y 3 and Conr.�+ .� + n +e.< tA�. s SEP 3 NOT APPROVE!) S - REFERRED IRENE GAMMON PASsr7, //_ g-92 CITY CLERK,SO.BEND,IN. 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 ZONING ORDINANCE AS HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED AT: 200 Block of West Ireland Road (S.W. Corner of Ireland Rd. & Main St.) South Bend, Indiana 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: Albert G. Nickelson P.O. Box 2361 South Bend, Indiana 46680 PHONE NUMBER (219) 256-1006. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: For Phase I: Perfection Bakeries, Inc. 350 Pearl Street, Fort Wayne, Indiana 46802 PHONE NUMBER (219) 424-8245 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" Residegtiall °A" HEIGHT & AREA TO _ "D" Light Industrial, "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). Retail Stores & Warehousing II). Bakery 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 (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.JIN ADDITION, A BUILDING PERMIT RUST BE ISSUED FOR THE USE INDICATED ON THE PETITION WITHIN ONE YEAR FOLLOWING THE APPROVAL OF THE FINAL SITE PLAN. FAILURE TO SUBMIT A F ' L SITE PLAN OR OBTAIN A BUILDING PERMIT WITHIN THE SPECIFIED TIME PERIOD, ES THE ZONING OF THE PETITIONED PROPERTY TO REVERT TO THE INITIAL Z_,,Zd I TIM. UNDER CERTAIN CONDITIONS, A TINE EXTENSION ON THE a% AL OF THE FINAL SITE PLAN MAY BE REQUESTED. SIGNED, _ J i' rt t ickelson PETITIONED PREPARED BY AND CONTACT RSON: PEIRCE & ASSOCIATES • 3211 SUGAR MAPLE"COURT SOUTH BEND, INDIANA 46528 PHONE, NUMBER (219) 2344003 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DECRIBED AS: BEGINNING AT THE WEST QUARTER POST OF SAID SECTION 25; THENCE S. 03 -52'-00" W. ALONG THE WEST LINE OF SAID QUARTER SECTION, 396.00 FT. MORE OR LESS; THENCE S. 86'-08'-00" E. , 302.57 FT. N,ORE OR LESS TO THE WEST RIGHT-OF- WAY LINE OF SOUTH MAIN STREET; THENCE N. 05 -30'-OO" E. ALONG SAID WEST LINE, 417.42 FT. MORE OR LESS TO THE EAST AND WEST QUARTER LINE OF SAID SECTION AND THE CENTERLINE OF IRELAND ROAD; THENCE N. 90°-00'-00" W. ALONG SAID EAST AND WEST QUARTER LINE AND CENTERLINE, 315.18 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.879 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. • linmmtttru &port My tie Gammon Qlounrit of the Mtn of 13outip Your Committee of the Whole to whom was referred BILL NO. 78-93 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 200 BLOCK OF WEST IRELAND ROAD (SOUTHWEST CORNER OF IRELAND & SOUTH MAIN STREET) 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. Thomas Zakrzewski 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• October 20, 1993 a The Honorable Common Council I D, City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Albert G. Mickelson to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located at the southwest corner of Ireland Road and Main Street, City of South Bend - APC #1550-93 Dear Council Members: The above referenced ordinance and site development plan of Albert G. Mickelson was legally advertised on October 7, 1993. The Area Plan Commission at its public hearing on October 19, 1993, took the following action: Upon a motion by Joseph Serge, being seconded by Richard Warner and unanimously carried, the proposed ordinance and site development plan of Albert G. Mickelson to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located at the southwest corner of Ireland Road and Main Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This site is adjacent to commercially zoned property to the east, and near industrially zoned land to the west. Although there are single family homes to the north and south of the site, the predominant land uses along Ireland Road in the general vicinity are commercial and industrial. In the Commission's opinion, the proposed rezoning 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, Richard S. Johnson RSJ:sr Attachment CC: Albert G. Mickelson CC: Perfection Bakeries, Inc. CC: Peirce & Assocites Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • r - STAFF REPORT October 8, 1993 Albert G. Mickelson 1550-93 Location: the southwest corner of Ireland Road and Main Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area to allow a bakery, retail stores and warehousing. 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 is a restaurant zoned "C" Commercial; to the south is a single family home zoned "A" Residential; and to the west is a fire station zoned "A" Residential. ACCESS: Access to the site is from Ireland Road and Main 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 2.7 acres. Of that, the buildings will occupy 12,800 square feet, or 11 percent of the site; the parking and drives will occupy 62,263 square feet, or 54 percent of the site; and 40,892 square feet or 35 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, or flood hazard areas are present. However, an inactive landfill is located to the southwest of the site. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer noted that Main Street will have to be widened and stormwater runoff addressed at such time that Phase II is developed. LTER, Ir: (BARBIE ST.•— ♦ a_JIl I- A�, M:I w�� ° : : p' O'BRIEN zI� PARK w wlo WALTER "I°- -- ST. I i-- 1 O ' a r- NORMAN cn Q /1 I P RD. 0 .. — �— c r - , z ;''.,NDER AV 81.) ; `. OVERT I / � III II \• WIDE I t \ I NI ' N II , �/ AVE ! A I . / 1 75, \ I I . / ■ 1 AVE:': .. `\ II s _ f:, P e • \ - ' - - ''''l ic. \, , , ... „. . \ , II ! I 1 of ----E1 I I , r--------'eil 1 t REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "D" LIGHT INDUSTRIAL, "A" WEIGHT AND AREA APC #1550-93 PETITION AREA I t SOUTH BEND ZONING "A" RESIDENTIAL I 1 "C" COMMERCIAL IINJIMIN "C-1" COMMERCIAL r. " "-I "C-2" COMMERCIAL I —' "D" LIGHT INDUSTRIAL I 1 "E" HEAVY INDUSTRIAL @ COUNTY ZONING "R" RESIDENTIAL I I "N" MANUFACTURING '' '._." "°, NORTH