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Home My WebLink About8348-93 Amending Zoning - 1315 East Ireland Rd . 1 • ORDINANCE No. 8348-93 Passed by the Common Council of the City of South Bend, Indiana_ February 8, 93 - 19 Attest: City Clerk IRENE K. GAMMON Attest: � ��-_ �� - �— __ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 9, 93 19 City Clerk IRENE K. GAMMON Approved and signed by me DJdry.cil Ig Mayor • • y4 Revised 12-15-92 ORDINANCE NO. P348-93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1315 EAST IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA, 46614 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 NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, INDIANA WHICH IS DESCRIBED AS: LOTS NUMBERED 247, 248, 249 AND THE EAST 20 FT. OF LOT 250 AS SHOWN ON THE RECORDED PLAT OF " BROADMOOR SECTION 3 REVISED PLAT " AS SHOWN IN PLAT BOOK # 19, PAGE "B-11" IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.9435 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL, "E" 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. and Co una. i.. s*Y xj^MEMBER OI HE COMMON COUNCIL ,V Filed in Clerk's Office 1st REF, iNG /a-f'`f 9 A PUBLIC I-FARING 3rd READING ,„9- _ 9 g DEC 15 :9,12 NOT APPROVED REFERRED PASSED- IRENE GAMMON o2- .9_ 93, / / CITY CLERK,SO.BEND,IN. _ • . S✓, 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: 1315 EAST IRELAND ROAD SOUTH BEND, INDIANA 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: SANDRA L. STIGLITZ - ASSISTANT TRUST OFFICER C/O LAKE COUNTY TRUST # 1168 2200 NORTH MAIN STREET CROWN POINT , INDIANA 46307 PHONE NUMBER (219) 924-4500. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: STEAK N SHAKE INC. 500 CENTURY BUILDING 36 SOUTH PENNSYLVANIA STREET INDIANAPOLIS, INDIANA 46204 PHONE NUMBER (317) 633-4100. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "C" COMMERCIAL. "A" HEIGHT & AREA TO "C" COMMERCIAL, "E" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RESTAURANT WITH A DRIVE-THRU WINDOW. 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 (D) 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. 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 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 TINE EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. SIGNED, SEE ATTACHED SIGNATURE PAGE SANDRA L. STIGKITZ - ASSISTANT TRUST OFFICER LAKE COUNTY TRUST # 1168 PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 OCnmmtttn amid coo the Common ffounril of the Mtn of +nutty firm: Your Committee of the Whole to whom was referred BILL NO. 109-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1315 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 should be recommended to the Council favorable, as amended 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 SQ,e. 4iLL '# /o9 -9a 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 Lake County Trust #1168 to zone from "C" Commercial , "A" Height and Area to "C" Commercial , "E" Height and Area, property located at 1315 East Ireland Road, City of South Bend - APC #1497-92 Dear Council Members: The above referenced ordinance and site development plan of Lake County Trust #1168 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 Harold Means, being seconded by Charles Landesman and unanimously carried, the proposed ordinance and site development plan of Lake County Trust #1168 to zone from "C" Commercial, "A" Height and Area to "C" Commercial , "E" Height and Area, property located at 1315 East Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. The proposed change in use from a restaurant to a restaurant with a drive-thru should not be detrimental to the surrounding area. 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, 7t Robert W. Sante Assistant Director RWS:sr Attachment CC: Lake County Trust #1168 CC: Steak N Shake Inc. CC: Peirce & Associates Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • STAFF REPORT January 11 , 1993 Lake County Trust #1168 1497-92 Location: 1315 East Ireland Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C" Commercial , "A" Height and Area to "C" Commercial , "E" Height and Area to allow a restaurant with a drive-thru window. EXISTING LAND USE: The property contains a restaurant . SURROUNDING LAND USE AND ZONING: Located to the north and east are single family homes zoned "A" Residential ; to the south is Scottsdale Mall zoned "C-2" Shopping Center District , and to the west is an auto service business 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 been addressed by the petitioner . SITE DATA: The total site to be rezoned is 41 ,100 square feet . Of that , the buildings will occupy 5,038 square feet , or 12 percent of the site; the parking and drives will occupy 28,993 square feet , or 71 percent of the site; and 7,070 square feet or 17 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: ' | i y ' ' - �� CL (f------ , --1- &\\\ KEVIN (LI (-\ _.— -,11\--7:1-P) il- 1 1 c-T,-T— Luz IA KERRY cl.- cl-- F---"1 [DEW<---- (..9 it 0 LAK __- --- ----- " ---- \ \V.-.----)-----) se , 1— cr ----- ndP -i----- / E „2,- z 0 , ,\,,,___. DR \------'-::,,,,,-- \ ,,,01) .„,---. m V.P,KE DR_ t-s 1,- .:-.::''''' '''' a i 6, , ‹t 0 , , 0 0 DR_‘ac 0 4011rAitii 1 , , 4, /AizGyLE___DR_ 1 crtiti‘:1-- 0L2s: :1417---_-____7 dram I/ 1101:0/lib - j t_ _ k._ \ 0, ___..- i,_______16----__„iimmilimi Ade Aiier 2 I A fr-A,A0 - - - '11/ 20 411 "to' 1, 7-T.D.:I \ 1::_i__QL0R;N_______1:3191L1-41_t-c. K2:101: lib . - - , - i S 11213/11111ACrOR) I .___________.c 4 - I IE3 o ct. cro Dil : T CD r 1-,--> ,__1_3,Ni-RE(w")______, ______317-----7----ic? 11::::14: REZONING FROM: "C" COMMERCIAL, "A" HEIGHT AND AREA APC #1497-92 TO: "C" COMMERCIAL, "E" HEIGHT AND AREA PETITION AREA I | SOUTH BEND ZONING ^K" RESIDENTIAL I } "U" RESIDENTIAL L__ _ ) "C" COMMERCIAL IMI0IIMPIMI oC-l" COMMERCIAL L2=2=1 "c-2" PLANNED SHOPPING CENTER DISTRICT [��'�0� ^� � - L_J NORTH