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Home My WebLink AboutZoning - 18106 Ireland Rd ORDINANCE No. 8266-92 Passed by the Common Council of the City of South Bend, Indiana. May 26, 92 - Ig Attest: - ` � �� City Clerk IRENE K. GAMMON Attest: ,$ac...•- Ci'� � — President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ May 27, 92 ig City Clerk IRENE K. GAMMON Approved and signed by me r- a g ig _ Mayor • • # . • ORDINANCE NO. f 2 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 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: Part of the Northeast 1/4 of Section 30, Township 37 North, Range 3 East, South Bend,Indiana, described as follows: Parcel I A tract of land in the Northeast Quarter of the Southeast Quarter of Section 30, Township 37 North,Range 3 East, bounded by a line running as follows: Beginning at a point on the North line of said Quarter Section 660 feet West of the Northeast corner of the Southeast Quarter of said Section; running thence South 360 feet; thence East 181.5 feet; thence North 360 feet to the North line of said Quarter Section; thence West along said North line, 181.5 feet to the place of beginning. Parcel II A tract of land in the Northeast Quarter of the Southeast Quarter of Section 30, Township 37 North, Range 3 East, bounded by a line running as follows: Beginning at a point on the North line of said Quarter Section 392.46 feet West of the Northeast corner of the Southeast Quarter of said Section; running thence West on the East and West center line of said Section 86.04 feet to the Northeast corner of a tract heretofore conveyed to the grantees by deed from George F. Laing; thence South, along the East line of grantees land, 360 feet to the Southeast corner of grantees's land; thence East 86.04 feet; thence North 360 feet to the place of beginning. Parcel III A tract of land in the Northeast Quarter of the Southeast Quarter of Section 30, Township 37 North, Range 3 East, bounded as follows: Beginning at a point on the North line of said quarter section, 660 feet West of the Northeast corner of the Southeast Quarter of said Section, which beginning point is the Northwest corner of a tract of land conveyed to the grantees by deed dated April 10, 1945, recorded in Deed Record 409 at page 135 of the records of St.Joseph County, Indiana; thence West, along the North line of said quarter section, 282.41 feet; thence South 360 feet; thence East 282.41 feet to the Southwest corner of said grantee's land; thence North 360 feet to the place of beginning. Subject to legal highways. be and the same is hereby established as "C" Commercial and "E" Height and Area district. RRC'TTC)N TTY Thic nrrlinanrP shall ha in fall fnrnA a,,.i off .frnw, o„d • Date Filed Application No. Date received by the Area Plan Commission • I 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: 18106 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 (Petitioner owns property) 4) It is desired and requested that this property be rezoned: from "C" Commercial, "E" Height and Area; to "C" Commercial, "E" Height and Area 5) This rezoning is requested to allow the following uses: Restaurants/Offices/Retail Stores (Note: This property has been previously rezoned for the above use, this petition is for resubmittal of a revised Preliminary Site Plan). 6) Attached is a copy of(a) legal description of the property; (b) a list of names and addresses of all property owners with 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 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 the Area Plan Commission within one (1) year of the Council's action. Failure to submit a final site plan within that time period, causes the zoning of the petition property to revert to the initial zoning classification. Time extensions on the submittal of the final site plan may be requested. Magnum Investments, Inc. PETITION PREPARED BY: SiteScapes, Inc. Landscape Architecture and Planning 115 South Main Street ge,. 7,0 9 a3 3 AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 May 20, 1992 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 Magnum Investments, Inc. to zone from "C" Commercial , "E" Height and Area to "C" Commercial , "E" Height and Area, property located at 18106 Ireland Road, City of South Bend - APC #1452-92 Dear Council Members: The above referenced ordinance and site development plan of Magnum Investments, Inc. was legally advertised May 9, 1992 and May 11, 1992. The Area Plan Commission at its public hearing on May 19, 1992, took the following action: Upon a motion by Joseph Serge, being seconded by Willie Morgan and unanimously carried, the proposed ordinance and site development plan of Magnum Investments, Inc. to zone from "C" Commercial, "E" Height and Area to "C" Commercial, "E" Height and Area, property located at 18106 Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. This property has been rezoned to "C" Commercial twice in the past. However, Final Site Plans have never been approved for those rezonings. The developer now appears to have a firm proposal to develop this site. In the Commission's opinion, the proposed use is in keeping with the surrounding development. 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: Magnum Investments, Inc. CC: Patrick Brown Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT May 11 , 1992 Magnum Investments, Inc. 1452-92 Location: 18106 Ireland Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial , "E" Height and Area to "C" Commercial , "E" Height and Area to allow a commercial development which will include restaurants, offices, and indoor and outdoor retail uses. EXISTING -LAND USE: The property contains vacant land SURROUNDING-LAND USE AND ZONING: Located.to;the north across Ireland Road is a • grocery store and a shopping center zoned -"C" Commerciale; to the east is a shopping center • zoned "C" Commercial; to the south are single-family homes and.a church -zonedR" Residential; and to the west are single-family homes zoned "R" Residential. _ACCESS: Access to the site is from Ireland Road. iATER '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 4.5 acres. Of that , the buildings will occupy 30,961 square feet , or 15.6 percent of the site; outdoor sales and storage will occupy 20,000 square feet or 10.2 percent of the site; the parking and drives will occupy 124,571 square feet , or 62.3 percent of the site; and 42,450 square feet or 22.1 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: "C" Commercial zoning has been granted on this property twice in the past. However, Final Site Plans were never approved for those rezonings. w Z O w 11NW000 A I - - - - _PORTAGE TWP. — 9� Oa ( CENTRE• TvVP , Q 0I, 30'2' • ...7:67--------..---... z .� a IDENSLOW )J ii 2 oR DRIB oa Ali/-11 R . # 1 ------- -....3 ;o�¢ , U' c� iC� KEVIN SWTHE RNV�EM' / Z �I ACT • I!I _ �j I, II KERRY x a' II IN �� o� o� ��I 1 n i 3; Ii z. Sii as ff 1 V;• DO ' OR +, 1 f)i DR ��" { . RATTLES ST• °ice ��\ 11�� '`'�* - _ c 1 DA GLi U , • J J .4 1 . GT 1, ARGYLE DR1 O ;v 1-■; 3`�! i:° I LAMAR ST. PETITION ARE' il IMO w. Z" - �' 1' .S_MAC�W • Q + Y '--- '- R rl1iAR_A ST. A .. w�R ,....S HERL AND L • 3 i -' Q, .. 1� -- �gT- WY OR AG`� �_ %f f/ n �.l ROHRER ST • - _ 'Li .. pi _ ,G..� iJ a (n,-•O U .K (!41:.,, 2-1' •art' U ~ v~ c' cc i Tr IL R1 f, C a, _____ __,ipR R LFMONT ST. m < < .1 C i GT..i ;! �fie- W BLQCKFORD� CAAR- W `v_; B ¢�✓pUR$ARTpd/ 4,;--7u� ` BRIDGE C G 0 C 3 Y ___r,?: t1 3U../¢ TMAN w Q. O/, 4: DR :.r Q r—�' r, --- I 0— 31 32 z k V Y CD 11. 1. .. A FA- i, A- II . . . ...., . .. --0-1 )" r�on«o+ti ih .• PRwIC� III REZONING FROM "C" COMMERCIAL, "E" HEIGHT AND AREA APC #1437-92 TO: "C" COMMERCIAL, "E" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL I 1 "B" RESIDENTIAL geggiiiisoln "C" COMMERCIAL COUNTY ZONING 0 "R" RESIDENTIAL I I "0" OFFICE f I NORTH