HomeMy WebLinkAboutZoning - 18106 Ireland Rd (2) •
ORDINANCE No. 8249-92
Passed by the Common Council of the City of South Bend, Indiana.
March 9 Iq 92
Attest: `e. , /9-jr--" ,,,' City Clerk
IRENE K. GAMMON
Attest: /% l—ei'())-,/- -e->�` President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
March 10 92
19
41.8-z.,„12 City Clerk
IRENE K. GAMMON
Approved and signed by me 1 b 19
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Mayor
ORDINANCE NO. 1a
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.
SECTION II> This ordinance shall be in full force and effect from and
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.
i •
Magnum Investments, Inc.
PETITION PREPARED BY:
SiteScapes, Inc.
•
-204/
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
February 19, 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 #1437-92
Dear Council Members:
The above referenced ordinance and site development plan of Magnum Investments,
Inc. was legally advertised February 6, 1992 and February 8, 1992. The Area Plan
Commission at its public hearing on February 18, 1992, took the following action:
Upon a motion by Lee Slavinskas, being seconded by Joseph Serge 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, subject to a final
site development plan. This property was rezoned to "C" Commercial for a similar
development last year. The site abuts commercial property to the east and north
across Ireland Road and would be consistent with the existing development in this
area. In the Commission's opinion, this request is compatible with the
surrounding zoning and land use.
PLEASE NOTE that the Petition has been amended by the petitioner and is different
than that used for the Common Council 's first reading.
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: SiteScapes, Inc.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
STAFF REPORT February 10, 1992
Magnum Investments, Inc. 1437-92
Location: 18106 Ireland Road
City of South Bend
REQUESTED ACTION: The petitioner is 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 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"
Commercial ; to the east is a shopping center
zoned "C" Commercial ; to the south are
single-family homes and a church zoned "R"
Residential ; and to the west are single-family
homes zoned "R" Residential .
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 not been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 4.54 acres.
Of that , the buildings will occupy .72 acres
or 15.9 percent of the site; the parking and
drives will occupy 3.44 acres, or 75.8 percent
of the site; and .38 acres or 8.3 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 preliminary.
AGENCY COMMENTS: A similar rezoning request for this property
was granted in January of last year. However,
a final site plan has not been submitted.
This rezoning would take its place.
R.
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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 I
"B" RESIDENTIAL
"C" COMMERCIAL
COUNTY ZONING
"R" RESIDENTIAL i 1
4
NORTH
"0" OFFICE rs,* °'v -. I
F. Laing; thence South, .along the East line of grantees land, 360_ feet to the
Southeast corner of grantee'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
grantees' land; thence North 360 feet to the place of beginning.
(P IAND ppp.0
P. I. rAgcEL I PAL-Ic
/i•
ftmnmttirr itrport
Oki tie Common glottal of tip QUj of£rmttli rnh:
Your Committee of the Whole
to whom was referred
BILL NO.
1-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 18106 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.
Ann Puzzello Chairman