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Home My WebLink AboutZoning - Southeast corner of inwood & Ironwood Rds • l • f ORDINANCE No. 8254-92 Passed by the Common Council of the City of South Bend, Indiana_ April 13, 92 19 t -� Atces .• ` City Clerk IRENE K. GAMMON Attest: - President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana__ April 14, 92 19 City Clerk IRENE K. GAMMON , I f Approved and signed by me (19\d",�,y"f�' \ Q� ( i9 -� Mayor ORDINANCE NO. 8'a S - 9 gi AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF INWOOD AND IRONWOOD ROADS. IN THE CITY OF SOUTH BEND, INDIANA. FOR LINDA GLAZIER, MADELINE KIRCHHEIMER KENDALL & KEVIN POWERS, ADMINISTRATORS FOR THE ESTATE OF FLORENCE C. KIRCHHEIMER C/O BAKER & DANIELS 205 W. JEFFERSON BLVD. , SOUTH BEND, INDIANA 46601. 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 29, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DEFRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 29; THENCE N. 89 -34'-41 E. (RECORD, EAST) ALONG THE NORTH LINE OF SAID QUARTER SECTION AND THE CENTERLINE OF INWOOD ROAD, 510.00 FT. ; THENCE S. 00°-10'-20" W., 700.00 FT. ; THENCE S. 89°-34'-41" W. , 510.00 FT. TO THE WEST bINE OF SAID QUARTER SECTION AND THE CENTERLINE OF IRONWOOD ROAD; THENCE N. 00 -10'-20" E. (RECORD, NORTH) ALONG SAID WEST LINE AND CENTERLINE, 700.00 FT. TO THE POINT OF BEGINNING. CONTAINING 8.20 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "B" RESIDENTIAL ,"A" 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. X / MEMBE'r' ` E COMMON COUNCIL 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: Southeast Corner of Inwood and Ironwood Roads South Bend, Indiana 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: Linda Glazier, Madeline Kirchheimer Kendall & Kevin Powers Adiministrators for the Estate of Florence C. Kirchheimer C/O Baker & Daniels 205 W. Jefferson Blvd. South Bend, Indiana 46601 PHONE NUMBER (219) 234-4149. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: T.J.B. Partnership, C/O Robert D. Lee Attorney Suite 500, First Bank Building 205 W. Jefferson Blvd. South Bend, Indiana 46601 PHONE NUMBER (219) 232-5923 4).. IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "R" RESIDENTIAL & "A" RESIDENTIAL ,"A" HEIGHT & AREA TO "B" RESIDENTIAL ,"A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). Physicians Offices and Medical Clinic facility. B) . Caretakers House 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, , ME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED 1st SOiRCE BA r- a- Executor // ` k ■ SIGNE II L ,'� �j 4 `!/:/ !' - - `�1«_`_ Linda Glazier Madeline Kirchheimer Kendall By.Kevin Power$ Vic President and PETITIONED PREPARED BY AND CONTACT PERSON: Trust Officer PEIRCE & ASSOCIATES 3911 SUGAR MAPI F COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 -Ntlifit b>°Ik/ LEGAL DESCRIPTION PARCEL I. THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DEaCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 29; THENCE N. 89u-34'-41 E. (RECORD, EAST) ALONG THE NORTH LINE OF SAID QUARTER SECTION AND THE CENTERLINE OF INWOOD ROAD, 510.00 FT. ; THENCE S. 00°-10'-20" W. , 700.00 FT.; THENCE S. 89°-34' -41" W. , 510.00 FT. TO THE WEST bINE OF SAID QUARTER SECTION AND THE CENTERLINE OF IRONWOOD ROAD; THENCE N. 00 -10'-20" E. (RECORD, NORTH) ALONG SAID WEST LINE AND CENTERLINE, 700.00 FT. TO THE POINT OF BEGINNING. CONTAINING 8.20 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. -9 7AREA PLAN COMMISSION . JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director Room 1140 County -City Building South Bend, Indiana 46601 (219) 284 -9571 December 17, 1991 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 The Estate of Florence C. Kirchheimer to zone from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at the southeast corner of Inwood and Ironwood Roads, City of South Bend - APC #1432 -91 Dear Council Members: The above referenced ordinance and site development plan of The Estate of Florence C. Kirchheimer was legally advertised December 5, 1991 and December 7, 1991. The Area Plan Commission at its public hearing on December 17, 1991, took the following action: Upon a motion by Lee Slavinskas, being seconded by Joseph Zappia and unanimously carried, the proposed ordinance and site development plan of The Estate of Florence C. Kirchheimer to zone from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area, property located at the southeast corner of Inwood and Ironwood Roads, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. 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: The Estate of Florence C. Kirchheimer CC: T.J.B. Partnership, C/O Robert D. Lee, Attorney CC: Peirce & Associates Serving; South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN a 6100 NEWPORT ROAD POST OFFICE BOX 3015 KALAMAZOO, MICHIGAN 49003 PHONE (616) 323 -9484 December 10, 1991 Area Plan Commission of St. Joseph County, Indiana Room 1140 County -City Building South Bend, Indiana 46601 Attn: Mr. Richard S. Johnson Executive Director i Re: The Estate of Florence C. Kirchheimer Request to Rezone the Southeast Corner of Inwood and Ironwood to "B" Residential, "A" Height and Area Dear Mr. Johnson: This letter is in.response to the notice of a public hearing to be held on December 17, 1991, before the Area Plan Commission to consider the captioned request. Please tell the members of the Commission that the owners of Irish Hills Apartments, which abuts the Kirchheimer property to the east, are not opposed to the requested zoning change. Thank you. Yours truly, Jerr R Sp 40I11,14DIANA EDW D ROSE /my STAFF REPORT The Estate of Florence C. Kirchheimer 1432 -91 Location: the southeast corner of Inwood and Ironwood Roads City of South Bend December 9, 1991 REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "B" Residential, "A" Height and Area to allow the construction of a physician's office. The existing residence on the property will remain as a caretaker's house. EXISTING LAND USE: The property contains a single - family residence and a storage building. SURROUNDING LAND USE AND ZONING: Located to the north is a City retention basin and a retirement home zoned "B" Residential, to the east is vacant land zoned "R Residential (County) and The Irish Hills apartment complex zoned "B" Residential, to the south -are single - family homes and vacant property zoned "A" and "R" Residential, and to the west are single - family homes zoned "A" Residential. ACCESS: Access to the site is from Inwood 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 7.06 acres. Of that, the buildings will occupy .5 acres, or 7.1 percent of the site; the parking and drives will occupy .82 acres, or 11.7 percent of the site; and 5.74 acres, or 81.2 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: AGENCY COMMENTS: The site plan is preliminary. DR.'I uj J I 2 i L WAY 0 BRIAR WAY p° u ° 0 RE Su,� /, V GARLAND 'L W a TRENT WAY: HIL L f ouy" Np TUDOR LN c r 0 T . OY Q CT 71 QQ' P10� Hl a OQ z I.: p PORTAGE 'TWP. OINw CENTRE- TWP t? Z DR. o � XEvA z Q OR DR. i R KDA� t>m,Xf .- �� U O I J� o J � J Q Q V ARGYLE DR ly, 1. �_ \ did �•_ SMAC�. i l \ -. 3 -� RD- HERLAND L. \•. N t rn 'aTwega?��r JILNIAGARA ST REZOINFI^ FROM; "•A" RESIDENTIAL, "A" HEIGHT AND AREA Y TT ST 0 TO: "B" RESIDENTIAL, "A" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL L "B" RESIDENTIAL "C" COMMERCIAL "C -1" COMMERCIAL COUNTY ZONING "R" RESIDENTIAL D "R -2" -RESIDENTIAL NORTH "C" COMMERCIAL �3i, 23�3�i ` ?�, .• 1' P S w1�2lec 3.2,. ?i ?` d' nZ APC #1432 -91 (ImumMtr gtprtrt (to tot (f ammou (doumil of t4r (Iitg of ftut# srttk- Your Committee of the Whole to whom was referred 72 -91 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF INWOOD AND IRONWOOD ROADS IN THE CITY OF SOUTH BEND, INDIANA, FOR LINDA GLAZIER, MADELINE KIRCHHEIMMER KENDALL & KEVIN POWERS, ADMINISTRATORS FOR THE ESTATE OF FLORENCE C. KIRCHHEIMER, C/O BAKER & DANIELS, 205 W. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Chairman Ann Puzzello