HomeMy WebLinkAbout9436-03 Rezoning - 1881 North Ironwood Dr.ORDINANCE No. 03
Passed by the Compton Council of the City of South Bend, Indiana
July 28,
Attest:
Attest:
20 03
Presented by me to tl:e Mayor of the Ciry of South Bend, Indiana
July 29, 03
20
Ciry Clerk
President of Common Council
City Clerk
Approved and signed by me July , 30 20 03
Mayor
ORDINANCE NO. ~ `I 3 ~- ~3
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1881 North Ironwood Dr. 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, is 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
Band, St. Joseph County, State of Indiana:
Part of the Northeast Quarter of the Southeast Quarter of Section 31, Township 38 North, Range
3 East, described as beginning at the Northeast corner of the Southeast Quarter of said Section;
thence running West 20 rods; thence South 8 rods; thence East 20 rods; thence North 8 rods to the
place of beginning; EXCEPTING THEREFROM THE FOLLOWING: That part of the
Southeast Quarter of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph
County, Indiana which is described as follows: Beginning at a point which is South OOE26'S6"
East, 75.00 feet from a point on the East and West quarter line of said Section which is South
89E48'20" West, 329.72 feet from the East quarter post of said Section; thence South 35E22'21"
East, 69.87 feet; thence South 89E48'20" West, 40.00 feet; thence North OOE26'S6" West, 57.11
feet to the point of beginning,
Also excepting therefrom, the following: A parcel of land being a part of the Southeast Quarter
of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana and
being more particularly described as follows:
Commencing at the Northeast corner of said Southeast Quarter; thence South OOE26'S6" East
along East line of said Southeast Quarter, a distance of 75.00 feet, thence South 89E48'20" West,
a distance of 329.72 feet to the place of beginning, thence South 72E48' 18" East, a distance of
92.51 feet; thence South 26E44'40" East, a distance of 32.93 feet; thence South 89E48'20" West,
a distance of 62.75 feet; thence North 35E22'21" West, a distance of 69.87 feet to the place of
beginning,
Subject to the legal highways and rights of way, and subject to all covenants, restrictions and
easements of records.
Key No. 24-1022-0509 (Clay)
be and the same is hereby established as "C" Commercial and "A" 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.
1st READING ~-~(-~
PUBLIC HEARING ~_Z~ 03
3rd READING _
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LORETTh~ J. DUDA
CITY CLEflK, F.O. f3EMD, I?!.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO_
47-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1881 NORTH IRONWOOD DR. IN THE CITY OF
SOUTH BEND, INDIANA
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.
Karl King
Chairman
Date Filed
Application No.
Dated received by the area Plan commission
I (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:
1881 North Ironwood Dr.
South Bend, IN 46635
2) Name and address of property owner(s) of the petition site:
Dunn Road Development LLC
P.O. Box 2709
South Bend, IN 46680
c/o Gregory L. Freehauf, Manager
(574) 239-2105 Ext. 218
3) Name and address of contingent purchaser(s), if applicable:
Not Applicable
4) It is desired and requested that this property be rezoned
from "C" Commercial, "A" Height and Area
to "C" Commercial, "A" Height and Area
5) This rezoning is requested to allow the following use(s):
Gasoline dispensing and related facility
6) Attached is a copy of (a) legal description of the property, and (b) six (6) site plans. The
following will be submitted: (a) 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 (b) 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 maybe approved subject to the submittal of a final site plan. A final sit
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 sited plan. Failure to submit a final
site plan or obtain a building permit within the specified time period, causes the zoning of the
_,_.petitioned•pro~perty to revert to the initial zoning classification. Under certain conditions, a time
~~~~~ ~~ ~~~I.~~~~Oh the submittal of the final site plan maybe requested.
4
JU~a 2 ~ 2003 ~~µ, ~ . ~"
1 Gregory L. Freehauf, Manager
ton~TS~• ~`'`~`~ ~ Dunn Road Development LLC
CITY CLE•R3t, ^.'~. £EEd~. (;a.
Petition PreQared bv:
Gregory L. Freehauf, Manager
Dunn Road Development LLC
P.O. Box 2709
South Bend, IN 46680
(574) 239-2105 ext. 218
Contact Persons:
Gregory L. Freehauf or Dan Bailey
Dunn Road Development LLC
P.O. Box 2709
South Bend, IN 46680
(574) 234-5848
Edward W. Hardig, Esq.
205 W. Jefferson Blvd.
Suite 502
South Bend, IN 46601
(574) 232-5923
Legal Description
Dunn Road Development LLC is the owner of the following tract of land located in St. 3oseph
County, State of Indiana, commonly known as 1881 North Ironwood Dr.:
Part of the Northeast Quarter of the Southeast Quarter of Section 31, Township 38 North, Range
3 East, described as beginning at the Northeast corner of the Southeast Quarter of said Section;
thence running West 20 rods; thence South 8 rods; thence East 20 rods; thence North 8 rods to
the place of beginning; EXCEPTING THEREFROM THE FOLLOWING: That part of the
Southeast Quarter of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph
County, Indiana which is described as follows: Beginning at a point which is South OOE26'S6"
East, 75.00 feet from a point on the East and West quarter line of said Section which is South
89E48'20" West, 329.72 feet from the East quarter post of said Section; thence South 35E22'21"
East, 69.87 feet; thence South 89E48'20" West, 40.00 feet; thence North OOE26'S6" West, 57.11
feet to the point of beginning,
Also excepting therefrom, the following: A parcel of land being a part of the Southeast Quarter
of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana
and being more particularly described as follows:
Commencing at the Northeast corner of said Southeast Quarter; thence South OOE26'S6" East
along East line of said Southeast Quarter, a distance of 75.00 feet, thence South 89E48'20"
West, a distance of 329.72 feet to the place of beginning, thence South 72E48' 18" East, a
distance of 92.51 feet; thence South 26E44'40" East, a distance of 32.93 feet; thence South
89E48'20" West, a distance of 62.75 feet; thence North 35E22'21" West, a distance of 69.87 feet
to the place of beginning,
Subject to the legal highways and rights of way, and subject to all covenants, restrictions and
easements of records.
Key No. 24-1022-0509 (Clay)
bled (tl Ciea~k's ~g$ic~
J U ~~ 0 ~ 7003
LOREYTAJ. DUDA~~
CITY CLERY., SO. ®EPiD, ld~.
City of South fiend
Common Council
441 County-City Building • South Bend, Indiana 46601 (574) 235-9321
Fax (574)235-9173
TDD (574) 235-5567
http://www.ci.south-bend.in.us
Roland Kelly May 27, 2003
President
Karen White
Vice-President
Karl King
Chairperson, Committee Ms. Janice Talboom
of the Whole Deputy City Clerk
County-City Building, 4~' Floor
James Aranowski South Bend IN 46601
First District
Charlotte D. Pfeifer Dear Janice:
Second District
I have attached for your information a copy of a letter I recently sent to Mr. Gregory
Roland Kelly Chief Financial Officer of Martin's Supermarkets containing a schedule for
Freehauf
Third District ,
rezoning property owned by Dunn Road Development, LLC at Ironwood Drive and
Karl King Dunn Road.
Fourth District
As you will see in the attached letter, the proposed rezoning petition will be filed with
David Varner your office on or before June 4, and the Area Plan Commission will conduct its public
Fifth District hearing on the bill on July 15. In order to facilitate work related to the new
development at the site and the adjacent section of Ironwood Drive, it would be very
Ervin Kuspa desirable to have this bill on the agenda for the July 28 meeting of the South Bend
Sixth District Common Council. Accordingly, I hereby request that you arrange for "fast track"
Sean Coleman processing of the bill.
At Large If you have questions or further action is needed to effect the "fast track" processing,
AI "Buddy" Kirsits please call me at 232-3401.
At Large
Thank you.
Karen L. White
At Large Very truly yours,
Kathleen Cekanski-Farrand
Council Attorney
arl .King
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
July 16, 2003
The Honorable Council of the City of South Bend
4th Floor, Country-City Building
South Bend, 1N 46601
RE: A proposed ordinance and site development plan of Dunn Road Development LLC to zone from "C"
Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at
1881 North Ironwood Drive, City of South Bend - APC# 2207-03
Dear Council Members:
The above referenced ordinance of Dunn Road Development LLC was legally advertised on Thursday, July
3, 2003. The Area Plan Commission at its public hearing on Tuesday, July I5, 2003, took the following
action:
Upon a motion by Gerry Phipps, being seconded by Willie Morgan and carried, the proposed
ordinance and site development plan of Dunn Road Development LLC to zone from "C"
Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located
at 1881 North Ironwood Drive, City of South Bend is sent to the Common Council with no
recommendation.
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,
obert W. Sante
RWS:mg
Attachment
CC: Dunn Road Development LLC
Gregory L. Freehauf
Edward W. Hardig, Esq.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Dunn Road Development LLC 2207-03
Location: 1881 North Ironwood Drive
City of South Bend
REQUESTED ACTION: The petitioner is requesting a zone change from "C"
Commercial, "a" Height and Area to "C" Commercial, "a"
Height and Area to allow gasoline dispensing and a related
facility.
EXISTING LAND USE: The property contains a vacant office building.
SURROUNDING LAND
USE AND ZONING: Located to the north is multi-family zoned "R" Residential in the
County; to the south and west is a shopping center zoned "C"
Commercial, "a" Height and Area; to the east are single family
homes zoned "R" Residential, an office zoned "B" Business, and
a video store zoned "C" Commercial and "B" Business.
ACCESS: Access to the site is from the north off of Dunn Road and from
the south through the existing parking lot.
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 size to be rezoned is 34,258 square feet. Of that, the
buildings will occupy 177 square feet, or .6 percent of the site;
Parking and drives will occupy 26,804 square feet, or 78 percent
of the site; Open space will occupy 7,277 square feet, or 21
percent of the site.
ENVIRONMENTAL
DATA: A check of the Agency's maps indicates that no public wells,
wetlands, or flood areas are present. The Ritschard Brothers
inactive dump is located at Ironwood Road and State Route 23.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS: The City Engineer states that a drainage plan is required at the
final site plan stage.
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 subject to a final site
development plan. This facility is becoming a consistent feature
at supermarkets like Martin's, and it is close to a major
commercial intersection.
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REZONING FROM: "C" COMMERCIAL, "A" HEIGHT 8~ AREA
TO: "C" COMMERCIAL, "A" HEIGHT & AREA
SOUTH BEND EXISTING ZONING ~ I
"A" RESIDENTIAL D I V
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"C" COMMERCIAL O APC # 2207-03
ST. JOSEPH COUNTY EXISTING ZONING o goo zoo aoo
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PETITION AREA
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