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Home My WebLink About8341-93 Zoning - 323 Ireland Rd ORDINANCE No. 8341-93 Passed by the Common Council of the City of South Bend, Indiana January 25, 93 19 Attest: City Clerk IRENE K. GAMMON Attest: 2 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 26, 93 19 °f"-'2""-2- ' -"'`� City Clerk IRENE K. GAMMON f Approved and signed by me 3 19 o� s� Mayor • • ORDINANCE NO. g3'W- /3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 323 IRELAND ROAD, SOUTH BEND, INDIANA 46614, 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 110.7 feet, East and West, taken off of and from the entire West side of Lot Numbered 168, as shown on the recorded MYERS AND FUNK'S THIRD PLAT OF CHIPPEWA HEIGHTS ADDITION to the City of South Bend, excepting therefrom the South 20 feet thereof heretofore taken for the widening of Ireland Road be and the same is hereby established as C Commercial, retail and/or restaurant use, E 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. i Member of Common Council • • • Date Filed Application No. /10- Date received by 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: 323 East Ireland Road South Bend, Indiana 46614 2) Name and address of property owners of the petition site: Joseph and Concetta Eppers 444 North Nappanee Elkhart, Indiana 46514 (219) 264-7841 and Donald and Lucille Monk 54686 County Road 19, Lot 60 Bristol, Indiana 46507 (219) 848-5874 3) Name and address of contingent purchaser: Jim Niespodziany 60979 Whispering Hills Drive South Bend, Indiana 46614 (219) 299-1695 4) It is desired and requested that this property be rezoned from C-2, C Height and Area to C Commercial, E Height and Area 5) This rezoning is requested to allow the following uses: Any and all retail use and/or restaurant use permitted within the C Commercial District. 6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners within three hundred (300) feet of the petition property; and (c) five (5) site plans; and (d) addressed, stamped envelopes of all property owners within three hundred (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. 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. PETITION PREPARED BY: A T T A C H M E N T "B" PROPERTY OWNER LIST PROPERTY OWNER ADDRESS Memorial Health System, Inc. 615 N. Michigan St. South Bend, IN 46601 Eppers, Joseph H. & Concetta M. 444 N. Nappanee, Elkhart, IN 46514 Graber, Elmer R. P.O. Box 96, Fairlawn, N.J. 07410 McGarvey, Eugene J. & 311 E. Ireland Rd. , South Bend, IN 46614 Keith E. Vial Graber, Elmer R. 52690 Brooktrail Dr. South Bend, IN 46637 Speth, Michael & Debbie S. 310 E. Walter St. South Bend, IN 46614 Husband, James D. 219 E. Ireland Rd. , South Bend, IN 46614 Farrington, Wayne A. & 222 E. Walter, South Bend, IN 46614 Alice C. Dosmann, Ellen C. Etal 4321 S. Fellows St. , South Bend, IN 46614 Graber, Elmer R. 424 Dixie Way N. , South Bend, IN 46637 Jones, Gregory 4325 Fellows, South Bend, IN 46614 Lawecki, Michael A. & Karma L. 430 E. Walter St. , South Bend, IN 46614 Taylor, Kenneth L. & Edna L. 4313 S. Fellows St. , South Bend, IN 46614 Van Wiele, Oscar & Mary A. 4321 Fellows St. , South Bend, IN 46614 Pasalich, Melvin & Mildred 504 E. Ireland Rd. , South Bend, IN 46614 Pasalich„ Walter & Esther 514 E. Ireland Rd. , South Bend, IN 46614 Basney Enterprises, Inc. 320 E. Ireland Rd. , South Bend, IN 46614 Stuart, Marge Ann & 420 E. Ireland Rd. , South Bend, IN 46614 Hawblitzel (Fisher) Mary K. Rush, Jeff & Margaret 4523 Fellows St. , South Bend, IN 46614 Farrington, Madilin R. 234 E. Walter St. , South Bend, IN 46614 atmnu tttn Report On tic Mammon Moonlit of t1, Mtn of l►outli finul Your Committee of the Whole to whom was referred BILL NO. 108-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR THE PROPERTY LOCATED AT 323 IRELAND ROAD, SOUTH BEND, INDIANA 46614, IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, by substitution. 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 s ua, g/ LL /08-9 January 20, 1993 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 Joseph and Concetta Eppers and Donald and Lucille Monk to zone from "C-2" Shopping Center District, "C" Height and Area to "C" Commercial , "E" Height and Area, property located at 323 East Ireland Road, City of South Bend - APC #1496-92 Dear Council Members: The above referenced ordinance and site development plan of Joseph and Concetta Eppers was legally advertised on January 7, 1993. The Area Plan Commission at its public hearing on January 19, 1993, took the following action: Upon a motion by Joseph Serge, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance and site development plan of Joseph and Concetta Eppers and Donald and Lucille Monk to zone from "C-2" Shopping Center District, "C" Height and Area to "C" Commercial , "E" Height and Area, property located at 323 East Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. The proposed use of this site should not substantially alter the established land use pattern in this area along Ireland Road. 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 was the 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 . Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, 6-4/247&/1/Zr- Robert W. Sante Assistant Director RWS:sr Attachment CC: Joseph and Concetta Eppers CC: Jim Niespodziany CC: Robert Canfield Serving: South Bend, Lakeville, :New Carlisle, North Liberty, Roseland and St. Joseph County, IN STAFF REPORT January 11 , 1993 • Joseph and Concetta Eppers 1496-92 Location: 323 East Ireland Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C-2" Shopping Center District , "C" Height and Area to "C" Commercial , "E" Height and Area to allow retail and restaurant uses. EXISTING LAND USE: The property contains a restaurant . SURROUNDING LAND USE AND ZONING: Located to the north is vacant property zoned "A" Residiential ; to the east is a medical office zoned "C-2" Commercial ; to the south is a car dealership zoned "C" Commercial ; and to the west is a restaurant zoned "C-2" 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 been addressed by the petitioner . SITE DATA: The total site to be rezoned is 34,300 square feet. Of that , the buildings will occupy 5,700 square feet , or 16.6 percent of the site; and the parking and drives will occupy 28,600 square feet , or 83.4 percent of the site. 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: | ,-_________-__ 13 i _ ., , 51\ < LI__ . ; E; 0 lulu -si // , ar L __------ ,,_,- - ,„„,,,.... B, AR,,,__ , _ _ _ __ s, ) i__,,_. ERSKINF MUNICIPAL m 1 le ir-VE. A, . , IEN izilr-ti I /\RK IA 0 IL w - 1 , r ,..:1100,. A — , .A ,..!:-- '--- ------1----6—=-:--ENT -1-7--7—' `5,N1 W ----"Ii':;'4----7:1: '' ,., ,..,.--..,,, -4A. , ,,,.2.,...-al 2 . ry, 1 ,, . .,.,..3. • CA LI ND E R Av . , -;-,,,;`,1„,i,,...„,,,,, iNA . _ it \ s 1--:, . —is — -4 REZONING FROM: "C-2" PLANNED SHOPPING CENTER DISTRICT, "C" HEIGHT & AREA T0 "C" COMMERCIAL, "E" HEIGHT AND AREA PETITION AREA I ___-J APC #1486-01 SOUTH BEND ZONING "8" RESIDENTIAL L— \ "B" RESIDENTIAL 1 __--- "C" COMMERCIAL Pr_o_w_lir _i "C—l" COMMERCIAL ��--_ - -_| "C-2" PLANNED SHOPPING CENTER DISTRICT 1;_4_!_!_� I9 "U« LIGHT INDUSTRIAL I _�____l | � NORTH