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Home My WebLink AboutZoning - property located at the Southeast corner of Ewing Ave & Ironwood Rds ORDINANCE No. 8201-91 Passed by the Common Council of the City of South Bend, Indiana. August 12, 91 19 Attest: , 4 City Clerk IRENE K. GAMMON / .tea Attest: President of Common Council ir Presented by me to the Mayor of the City of South Bend, Indiana_ August 13 , 91 i9 ', City Clerk IRENE K. GAMMON Approved and signed by me 0-kittak / 1 9l (74Z— Z,...4....—_, Mayor AMENDED ORDINANCE NO. F c.. G /1- 9 / AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EWING AVENUE AND IRONWOOD ROADS, IN THE CITY OF SOUTH BEND, INDIANA, FOR MERVIN AND DELORIS PURSER 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 IS HEREBY 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 Northeast Quarter of Section 19, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as: Lots Numbered 1, 2 , 3 and 4 , and the vacated North-South Alley between said Lots 3 and 4 , all being in the recorded Plat of Hillside Addition, as shown in the records of the St. Joseph County, Indiana, Recorder's Office, EXCEPTING THEREFROM the West 24 . 00 feet of said Lot Number 4, containing . 494 acres, Subject to all legal highways and easements of record, BE AND THE SAME IS HEREBY ESTABLISHED AS "C"-COMMERCIAL, "E" HEIGHT AND AREA. SECTION II. THIS ORDINANCE, AND THE AMENDMENT OF THE CITY OF SOUTH BEND, INDIANA, ZONING ORDINANCE ESTABLISHED HEREBY, IS AND SHALL BE SUBJECT TO SUBMISSION TO AND APPROVAL BY THE ST. JOSEPH COUNTY AREA PLAN COMMISSION OF A FINAL SITE DEVELOPMENT PLAN FOR THE PETITION AREA, ALL AS PROVIDED BY CHAPTER 21 (ZONING) OF THE CITY OF SOUTH BEND, INDIANA, CODE, AS AMENDED. ANY DEVELOPMENT OR USE OF THE PETITION AREA NOT IN SUBSTANTIAL COMPLIANCE WITH SUCH PETITION OR FINAL SITE DEVELOPMENT PLAN SHALL BE A VIOLATION OF THE PROVISIONS OF THE CITY OF SOUTH BEND, INDIANA, ZONING ORDINANCE, TITLE 2:7 (ZONING) , AS PROVIDED BY AND PURSUANT TO THE PROVISIONS OF SUCH ORDINANCE. SECTION III. THIS ORDINANCE SHALL BE SUBJECT TO A WRITTEN COMMITMENT REGARDING THE USE AND DEVELOPMENT OF THE REAL ESTATE AS SHOWN ON THE FINAL SITE DEVELOPMENT PLAN TO BE APPROVED. SECTION IV. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVAL BY THE MAYOR AND LEGAL PUBLICATIO . ember Common Council 1st READING s- D - 9 / Filed in Clerk's Office PUBLIC HEARING g- / - 9/ 3rd READING y-/02_ 9 / AUG 1 2 1991 NOT APPROVED RfFERRED PASSED CITYIC�LERK,SO.BEND,IN. DATED FILED: APPLICATION NO. • DATED 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: Southwest Corner of Ironwood Road and Ewing Avenue 2 . Name and address of property owner(s) of the petition site: Mervin Purser and Deloris Purser 1956 East Ewing Avenue South Bend, IN 46614 Telephone: (219) 234-6061 3 . Name and address of contingent purchaser(s) , if applicable: B & R Oil Company 6910 North Gumwood Road Box 545, Bldg. 16 Granger, IN 46530 Telephone: (219) 272-6955 4 . It is desired and requested that this property be rezoned: From "C"-Commercial and "A"-Residential, "A" Height and Area To "C"-Commercial, "E" Height and Area 5. This rezoning is requested to allow the following use(s) : a. Convenience Store/Service Bays/with Pumps b. Carwash 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 submission of a final site plan. A final site plan must be submitted to the Area Plan Commission within one (1) years of the Council 's action. 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 time extension on the submission of the final site plan may be requested. Rrspecti y bmitted, 'enn-th P. Fedder - #10287-71 '•ui e 300, First Bank Bldg. W. Jefferson Blvd. South Bend, IN 46601 Telephone: (219) 234-6061 • LEGAL DESCRIPTION PARCEL I. That part of the Northeast Quarter of Section 19, Township 37 North, Range 3 East, Portage Township, City of South Bend, St. Joseph County, Indiana, which is described as: Lots Numbered 1, 2, 3 and 4, and the vacated North-South Alley between said Lots 3 and 4, all being in the recorded Plat of Hillside Addition, as shown in the records of the St. Joseph County, Indiana, Recorder's Office, containing . 0572 acres, • I 2, • 02 9-9 / 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 June 19, 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 Mervin and Deloris Purser to zone from "C" Commercial and "A" Residential , "A" Height and Area to "C" Commercial , "E" Height and Area, property located at the southwest corner of Ironwood Road and Ewing Avenue, City of South Bend - APC #1407-91 Dear Council Members: The above referenced ordinance and site development plan of Mervin and Deloris Purser was legally advertised June 6, 1991 and June 8, 1991 . The Area Plan Commission at its public hearing on June 18, 1991, took the following action: Upon a motion by Lee Slavinskas, being seconded by Harold Means and carried, the proposed ordinance and site development plan of Mervin and Deloris Purser to zone from "C" Commercial and "A" Residential, "A" Height and Area to "C" Commercial , "E" Height and Area, property located at the southwest corner of Ironwood Road and Ewing Avenue, 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. 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: Mervin and Deloris Purser CC: B & R Oil Company CC: Kenneth P. Fedder, Attorney Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN STAFF REPORT June 10, 1991 Mervin and Deloris Purser 1407-91 Location: the southwest corner of Ironwood Road and Ewing Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial and "A" Residential , "A" Height and Area to "C" Commercial , "E" Height and Area to allow a service station with gas pumps, convenience store and car wash EXISTING LAND USE: The property contains a service station. SURROUNDING LAND USE AND ZONING: Located to the north across Ewing Avenue is a church zoned "A" Residential; to the east across Ironwood Road is a convenience store with gas pumps and single-family residences zoned "C-4" and "R-1" respectively in Mishawaka; to the south and west are single-family residences zoned "A" Residential in South Bend. ACCESS: Access to the site is from Ewing Avenue and Ironwood 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 24,911 square feet. Of that , the buildings will occupy 5,212 square feet, or 20.9 percent of the site; the parking and drives will occupy 16,869 square feet , or 67.7 percent of the site; and 2,830 square feet or 11 .4 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: The City Engineer made the following comments: (1) The widening of Ironwood will require additional right-of-way and the grade of Ironwood will change by 5 feet . (2) the existing 16 foot drive on Ewing will have to be relocated or eliminated; and (3) the two drywalls near Ironwood may need to be relocated at the time of the widening of Ironwood. -- Q Q cl raw LOMILBRN_, I _ ...., i { ,,...,, , , st 4„,-- ! ifl.. L\ ' f I s ..- L r r tr cr Qua Z ASIb O ta O 1 d . v zx f # k�. .,-,1-,. ..,... --....-.:.,j. r.,j 2 J o 1„S a FOh '^i -0,,,A E 1". 4 SffSR SAS k SWING ....0,--.,.? s� � a� � 5 r.?..-m.n k , fw t � Cy (D \/�.',.-t,. �v� xa`rR.,_t`'�. y -r.y. c:. �.y,,.�i"="",+:.,.`uti�$wa,.sc,o: °- `3�'sxr::f •-+ 3 .`dam' w,,; 'f r`" '_�y�d. 1-17-------C..... �q F �k � e h c .i » - �# , by - k n ( xS RVdNG s ,--=',77,- ti< :;� .. � z € i :Y ,, F f:. ptiJ.-k. AVE. Y R ►WA�CA CITY LIMITS SOUTH BEND CITY LIMIT t I z 0 cr DR I — . .._______, \ \ 1 . MALVERN WAY 7::)') / REZONING FROM: „co COMMERCIAL-and "A" RESIDENTIAL, ''A" HEIGHT AND AREA TO: "C" COMMERCIAL, "E" HEIGHT AND AREA APC #1407-91 IMMIIIINNI PETITION AREA SOUTH BEND ZONING MISHAWAKA ZONING 4C? "A" RESIDENTIAL f= j "RI" RESIDENTIAL "B" RESTDENTIAL "Cl" COMMERCIAL "C" COMMERCIAL "C4" COMMERCIAL NORTH