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HomeMy WebLinkAboutZoning - 18106 Ireland Rd .t ORDINANCE No. 8163-91 Passed by the Common Council of the City of South Bend,Indiana_ January 28, z 91 Attest: City Clerk IRENE K. GAMMON 441(t/ Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ January 29, rg 91 City Clerk IRENE K. GAMMON Approved and signed by me n� ] ig 9/ Mayor t ORDINANCE NO. 2/ G 2- 9/ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA. FOR NORMAN MELICK OF 18106 IRELAND ROAD, SOUTH BEND, INDIANA 46614 . 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 SOUTHEAST. QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF IRELAND ROAD, WHICH POINT IS WEST, 392.46 FT. FROM THE EAST QUARTER POST OF SAID SECTION 30; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION 381.90 FT. ; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER 267.54 FT. ; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION 8.10 FT. ; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER 282.41 FT.; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 390.00 FT.; THENCE EAST ALONG THE CENTERLINE OF IRELAND ROAD AND THE NORTH LINE OF SAID SOUTHEAST QUARTER, 549.95 FT. TO THE POINT OF BEGINNING. CONTAINING 4.87 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL ,"E" 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. MEMBER OF THE ON C; IL ioge AO'r T , . T r 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: 18106 IRELAND RPOAD SOUTH BEND, INDIANA 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: NORMAN MELICK 18106 IRELAND ROAD SOUTH BEND, INDIANA 46614 PHONE NUMBER (219) 291-9879. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL , "A" HEIGHT & AREA TO "C" COMMERCIAL "E" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). RETAIL USES & RESTARUANT WITH A DRIVE THRU WINDOW. 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, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. r , SIGNED, NORMAN MELICK PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 52578 U.S. 33 NORTH SOUTH BEND, INDIANA 46637 PHONE NUMBER (219)-277-5381 , , X ., 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 December 19, 1990 9 ° The Honorable Common Council gel City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Norman Melick to zone from "A" Residential , "A" Height and Area to "C" Commercial, "E" Height and Area, property located at 18106 Ireland Road, City of South Bend - APC #1384-90 Dear Council Members: The above referenced ordinance and site development plan of Norman Melick was legally advertised December 6, 1990 and December 8, 1990. The Area Plan Commission at its public hearing on December 18, 1990, took the following action: Upon a motion by David Millar, being seconded by Ed Pollock and unanimously carried, the proposed ordinance and site development plan of Norman Melick to zone from"A" Residential , "A" 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 adjoins commercial property to the east and north across Ireland Road, and would be consistent with the development on Ireland-Road near Ironwood. In the Commission's opinion, this request is compatible with the nearby commercial zoning and uses. 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: Norman Melick CC: Peirce & Associates Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN PROPERTY OWNERS WITHIN 300 FT. OF PETITION PROPERTY 1. Civil City of South Bend 11. Magnum Investments, Inc. Economic Development Committee 2400 Miracle Lane P.O. Box 1124 Attn: E. Nagy Mishawaka, Indiana 46545 Elkhart, Indiana 46515 12. Betty Lueneburg 2. FBT Bancorp Inc. P.O. Box 223 P.O. Box 1602 Granger, Indiana 46530 South Bend, Indiana 46634 13. Williams Associates 3. United Pentecostal Church 2015 E. Ireland Rd. of South Bend South Bend, Indiana 46614 59609 S. Ironwood Rd. South Bend, Indiana 46614 14. Niemann Foods Inc. 1501 N. 12th 4. Eugene & Mary Paczkowski Quincy, Illinois 62301 59601 Ironwood Rd. South Bend, Indiana 46614 15. Aileen Perkins 816 E. Woodside 5. Kenneth Mendenhall South Bend, Indiana 46614 59609 S. Ironwood Rd. South Bend, Indiana 46614 16. S & H Partnership 18211 Ireland Rd. 6. Indiana & Michigan Electric Co. South Bend, Indiana 46614 1 Summit Square P.O. Box 60 17. S & H Partnership Fort Wayne, Indiana 46801 300 S. St. Louis Blvd. #202 South Bend, Indiana 46617 7. James & Kathryn Holland 18196 Ireland Rd. 18. Norman Melick South Bend, Indiana 46614 18106 Ireland Rd. South Bend, Indiana 46614 8. Cleo & L. Campbell 18210 Ireland Rd. South Bend, Indiana 46614 9. David & Patricia Varner 18232 Ireland Rd. South Bend, Indiana 46614 10. EMRO Marketing Company 539 S. Main St. Findley, Ohio 45840 1 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER AND THE CENTERLINE OF IRELAND ROAD, WHICH POINT IS WEST, 392.46 FT. FROM THE EAST QUARTER POST OF SAID SECTION 30; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION 381.90 FT. ; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER 267.54 FT. ; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID SECTION 8.10 FT.; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER 282.41 FT.; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 390.00 FT.; THENCE EAST ALONG THE CENTERLINE OF IRELAND ROAD AND THE NORTH LINE OF SAID SOUTHEAST QUARTER, 549.95 FT. TO THE POINT OF BEGINNING. CONTAINING 4.87 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. STAFF REPORT December 10, M990 Norman Melick 1384-90 Location: 18106 Ireland Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential , "A" Height and Area to "C" Commercial , "E" Height and Area to allow retail uses and a drive through restaurant . EXISTING LAND USE: The property contains a single-family home. SURROUNDING LAND USE AND ZONING: Located to the north across Ireland Road is a shopping center zoned "C" Commercial ; to the east is a shopping center zoned "C" Commercial ; to the south is a church and vacant land zoned "R" Residential in the County; and to the west are single-family homes zoned "R" Residential in the County. 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 been addressed by the petitioner. SITE DATA: The total site to be rezoned is 190,316 square feet . Of that , the buildings will occupy 29,786 square feet , or 15.65 percent of the site; the parking and drives will occupy 131 ,180 square feet , or 68.87 percent of the site; and 29,450 square feet or 15.48 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 comment that the property will need a City address. ` ) WOOOMO e4e4 rLJ1 O INWOOO 1 ' / ------ PORTAGE_TWP. COLD 4 — _'- , / _—oR ---�-tt-CE NTRE• TWP c� Z) - p II2. r 1OENsLow III oa : i DR --. g 4 ^oR;t; \o�i of, a r o SOUTME ..// III . l�,, P KEVIN I 01 r I \ , ,! l cT Y III ,,>_____„---, z:`� Lt,II II I' I KERRY //��i >I if �i Oi: tr '1 CT. 't1; 4 R r^ , ;11 . ,1 - { fi i JR I CyA. y I BATTLES `si I L Xrall, % oR R • II r- \ . 0 u `-------\, ,,,.....a.,`••- ; LAKE OR F v io OP o flN _. J • : J J N W ` { D mil _ --- ARK rJ[YI 1.-_-!7 8 --{J' - .. CI I II• "�' o -I R ST ; as . .. It GNI '2 .., g .MEwLAN, LW ‹,. R OR. z; A k. 1j RST • °R a,r ......;-1' C �. C•• C".i2 I I. 1TRQRNNILL ?" DR WV- CLER_MpN? ST < N x R`aaT _ORE i . — ) i c I , , QO- W ELACKFORD•`'� fARR- 1 1 `'.• !II -,:-C72'CT ; 4� ,1 I6-:7%i a s _..o_....•.• ! OI t '-`— " -7:„HART ST L,- RENFREw c. OR W I co ,, -- �� 12C 2f 1 o 0 : 6. JI V • i. MORTp- - Q :� AP V I. t,' u.:: NX IJ? ri . Rn„, 1'RQYIIIGAL 111 a • REZONING FROM "A" RESIDENTIAL,— "A" HEIGHT AND AREA APC #1 384-90 RO: "C" COMMERCIAL, "E" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING . "A" RESIDENTIAL 1 1 "B" RESIDENTIALa "C" COMMERCIAL COUNTY ZONING "R" RESIDENTIAL I 1 4 "0" OFFICE : NORTH ftnmmtt#rr Tarpon , , • can tilt Miniu m (Count-it of tilt Tit j of'nutil wend: Your Committee of the Whole to whom was referred BILL NO. 99-90 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 18106 IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA FOR NORMAN MELICK OF 18106 IRELAND ROAD, SOUTH BEND, INDIANA 46614. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Loretta Duda Chairman FREE PRESS OPIEWo PUBLISHING CO.