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Home My WebLink About8406-93 Zoning - 135 E Ireland Rd • i err ORDINANCE No. 8406-93 Passed by the Common Council of the City of South Bend, Indiana. August 23 , 19 93 Attest: City Clerk IRENE K. GAMMON Attest: Atoe President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— August 24, 19 93 City Clerk IRENE K. GAMMON Approved and signed by me 79 q-6 (7(.946.._Z Mayor ORDINANCE NO. S4do‘--93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 135 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: PARCEL I: Part of the West half of the Northwest Quarter of Section 25,Township 37 North,Range 2 East, which part is bounded by a line running as follows: Beginning at a point 1445.25 feet West of the Southeast corner of said Northwest quarter of Section 25;thence North 170.2 feet;thence West 45 feet;thence South 170.2 feet;thence East 45 feet to the place of beginning in St. Joseph County, Indiana. PARCEL II: A lot or parcel of land in the Southwest Quarter of the Northwest Quarter of Section 25,Township 37 North, Range 2 East, described as follows: Beginning at a point 152 feet West and 170.2 feet North of the Southeast corner of the Southwest Quarter of the Northwest Quarter of said Section 25, thence running North 150 feet to the South line of what is known as Norman Street;thence West on the South line of said street,45 feet;thence South 150 feet;thence Fast 45 feet to the place of beginning,in St. Joseph County, Indiana. be and the same is hereby established as 'C'- Commercial and 'E' = Height and Area. SECTION II: This ordinance shall be in full force and effect from and after its passage by the Common Council,approved by the mayor,and legal,publication, subject to a curb cut on Norman Street controlled by a gate allowing only the exit of delivery trucks during the hours of 8: 00 a.m. to 6: 00 p.m. em r of th mmon Council lafsigned only to provide an opportunity for public discus3Sou snd Council action on the issue.. ftnmratttrr Report OW tic amount Moonlit of tit Crib of au* fiend: Your Committee of the Whole to whom was referred BILL NO. 47-93 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 135 EAST 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, as amended per the following: Add to Section II: Subject to a curb cut on Norman Street controlled by a gate allowing only the exit of delivery trucks during the hours of 8:00 a.m. to 6: 00 p.m. Thomas Zakrzewski Chairman Date Filed Application No. Date received by the Area Plan Commission I 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 to be rezoned is located at: 135 East Ireland Road, South Bend, Indiana 46614 2) Name and address of property owner of the petition site: Magnum Investments, Inc. 2400 Miracle Lane Mishawaka, Indiana 46545 3) Name and address of contingent purchaser, if applicable: N/A 4) It is desired and requested that this property be rezoned: from 'A' Residential, 'A'Height and Area to 'C' Commercial, 'E' Height and Area 5) This rezoning is requested to allow the following use(s): Office/ Retail /Restaurant 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; and (c) five (5) site plans; and (d) addresses, 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 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 (1) 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 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. John Becker, President Magnum Investments, Inc. PETITION PREPARED BY: CONTACT PERSON: SiteScapes, Inc. Patrick S. Brown,ASLA Landscape Architecture & Planning SiteScapes, Inc. 115 South Main Street 115 South Main Street Mishawaka, Indiana 46544 Mishawaka, Indiana 46544 (219) 255-4677 (219) 255-4677 Rezoning Petition for: Magnum Investments, Inc. 2400 Miracle Lane Mishawaka, Indiana 46545 Property Location: Key#23-1025-1459 135 East Ireland Road South Bend, Indiana 46614 Property Owners within 300 feet of Property 23-1025-1444 23-1025-1445 23-1025-1463.01 23-1025-1447 Golden Bear Family Restaurants, Inc. 23-1025-1448 P.O. Box 970 23-1025-1449 Wichita,KS 67201 Barclay Corporation P.O. Box 536 23-1025-1467.02 South Bend, Indiana 46624 Leonard L. &Juliana C. Whitfield 535 W. 11th Street 23-1025-1450 Mishawaka,Indiana 46544 Emogene E. Woodcox 127 Norman Street 23-1025-1472 South Bend, Indiana 46614 Wayne A. &Alice C. Farrington 222 E. Walters Street 23-1025-1451 South Bend,Indiana 46614 23-1025-1460 Wilbur R. &Mary A. Rock 23-1025-1473 2921 Erskine Blvd. Robert&Nancy Wilk South Bend, Indiana 46614 205 E. Norman South Bend,Indiana 46614 23-1025-1452 Joseph, Sr. &Jean Elaine Wilk 23-1025-1474 139 E. Norman Drive Albert J. &Marianna Sipotz South Bend, Indiana 46614 202 E. Walters Street South Bend, Indiana 46614 23-1025-1454 Bobco, Inc. 23-1025-1728 P.O. Box 2768 William R &Heike Dobslaw South Bend, Indiana 46680 3733 Locust Road South Bend, Indiana 46614 23-1025-1456 Jean Elaine Wilk,etal 23-1025-1729 139 E. Norman Drive Yetta Gluck South Bend,Indiana 46614 2851 Northeast 183rd, Apt. 1901 North Miami Beach,Florida 33160 23-1025-1457 Bassett LE&BDJM&PA P. O. Box 3428 Oakbrook, II 60522 23-1025-1462 Odell J. &Della L. Curtis 149 East Ireland Road South Bend, Indiana 46614 PARCEL I: Part of the West half of the Northwest Quarter of Section 25,Township 37 North, Range 2 East, which part is bounded by a line running as follows: Beginning at a point 1445.25 feet West of the Southeast corner of said Northwest quarter of Section 25; thence North 170.2 feet; thence West 45 feet;thence South 170.2 feet;thence East 45 feet to the place of beginnin in St. Joseph County, Indiana. g PARCEL II: A lot or parcel of land in the Southwest Quarter of the Northwest Quarter of Section 25, Township 37 North, Range 2 East, described as follows: Beginning at a point 152 feet West and 170.2 feet North of the Southeast corner of the Southwest Quarter of the Northwest Quarter of said Section 25, thence running North 150 feet to the South line of what is known as Norman Street; thence West on the South line of said street,45 feet; thence South 150 feet; thence East 45 feet to the place of beginning, in St. Joseph County, Indiana. • • AREA PLAN - COMMISSION of ST. JOSEPH COUNTY, IN RIG:HARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 July 21, 1993 3 The Honorable Common Council ' A 1 City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Magnum Investments, Inc. to zone from "A" Residential, "A" Height and Area to C Commercial, E Height and Area, property located at 135 East Ireland Road, City of South Bend - APC #1532-93 Dear Council Members: The above referenced ordinance and site development plan of Magnum Investments, Inc. was legally advertised July 8, 1993 and July 8, 1993. The Area Plan Commission at its public hearing on July 20, 1993, took the following action: Upon a motion by Joseph Serge, being seconded by Willie Morgan and carried, the proposed ordinance and site development plan of Magnum Investments, Inc. to zone from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 135 East Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a revised site plan with the drive approach to Norman Street being removed from the plan. This site is one of only a few residential properties remaining along Ireland Road in this area. It seems likely that this residential area will eventually be rezoned and developed commercially. However, Norman Street is a small residential street that was not built to handle the automobile and truck traffic associated with a commercial establishment. If this curb cut is approved, there are a number of other parcels located to the east that would also expect curb cuts along Norman Street, giving no protection to the homes currently located along this street. The drive onto Norman Street would serve only a limited number of vehicles. Due to the median dividing the north and south lanes of traffic along Michigan Street, all exiting traffic would have to turn right onto Michigan Street. If the second drive is required for truck deliveries, perhaps the proposed use is not appropriate for such a small parcel. In the Commission's opinion, the proposed use is in keeping with the surrounding development along Ireland Road, but should not be using Norman Street as a secondary access street. 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. Si cerely, obert W. Sante RWS:sr Attachment CC: Magnum Investments, Inc. CC: Patrick Brown Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT July 12, 1993 Magnum Investments, Inc. 1532-93 Location: 135 East Ireland Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "E" Height and Area to allow restaurant, office, or retail uses. EXISTING LAND USE: The property contains a single-family home. SURROUNDING LAND USE AND ZONING: Located to the north and east are single-family homes zoned "A" Residential; to the south are vacant commercial buildings zoned "C" Commercial; and to the west is a gas station and a car wash zoned "C" Commercial. ACCESS: Access to the site is from Ireland Road and Norman 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 14,409 square feet. Of that, the buildings will occupy 1,206 square feet, or 8 percent of the site; the parking and drives will occupy 11,345 square feet, or 79 percent of the site; and 1,858 square feet or 13 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: 4 ;4 -- -- 1LE----- — _- S 7- 44 BARBIE Si. ¢�.. �; - . .. W,,J D /O'BRIEN 1-IQ PA RK • ERSK � �' y WALTER U�� ST. ` : :g F- Petition A qN U) e. Q F- NO'M A N cU -- I r '' i • . A.. A ' 11 .7 -- -. CENT E WelWaitOPMa r 4 4NDER IA' 4'i!,,''',.:Ir ",' .A''''' 1/ II .. . . , . ." . A ..,„...„. x:,'i----4.4!,-,. i._ , 'OVER � .. i n � � E / / \ WIDENER 4 '—' AVE. ••I i- r"- '--- `1 REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT AND AREA TO: "C" COMMERCIAL, "E" HEIGHT AND AREA APC #1532-93 PETITION AREA I 1 SOUTH BEND ZONING "A" RESIDENTIAL 1 I "B" RESIDENTIAL I 1 "C" COMMERCIAL "C-1" COMMERCIAL 1 1 "C-2" COMMERCIAL ' J "D" LIGHT INDUSTRIAL L_ 1 "E" HEAVY INDUSTRIAL L.___._.J NORTH