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Home My WebLink AboutZoning - Property located Southeast corner of Ireland Rd & Miami Hwy ORDINANCE No. 8060-90 Passed by the Common Council of the City of South Bend, Indiana January 22, 90 ig Attest•. City Clerk IRENE K. GAMMON Attest: /!�/�liv'vl� 1,,j7 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 23, 90 '9 City Clerk IRENE K. GAMMON Approved and signed by me �' a�P tg dry& � Mayor yl A 's ORDINANCE NO. S060—190 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF IRELAND RD. & MIAMI HWY. IN THE CITY OF SOUTH BEND, INDIANA, FOR SCOTTSDALE MALL PARTNERS LIMITED COMFORT SOUTH BEND, LTD. PARTNERSHIP, GENERAL PARTNER 200 MADISON AVENUE NEW YORK, NEW YORK 10016 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 SOUTHWEST 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 THE SOUTHWEST QUARTER OF SAID SECTION 30 AND.-THE CENTERLINE OF IRELAND ROAD WHICH IS N. 89°-58'-19" E. , 260.00 FT. FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE N. 89°-58'-19" E. ALONG SAID NORTH LINE AND CENTERLINE OF IRELAND .ROAD, 1389.98 FT.; THENCE S. q0 -02'-56" W. , 230.00 FT.; THENCE N. 8V-58'-19" E. 200.70 FT.; THENCE S. 00 -07'-24" E. , 1087.78 FT.; THENCE N. 89s-59'-37" W. , 98.06 FT. TO THE CENTERLINE OF THE U.S. # 20 BY-PASS; THENCE S. 70°-20'-41" W. ALONG SAID CENTERLINE, 1041.63 FT.; THENCE CONTINUING ALONG SAID CENTERLINE AROUND A 1909.86 FT. RADIUS CURVE TO TOE RIGHT AN ARC DISTANCE OF 560.56 FT. TO THE END OF A CHORD WHICH BEARS S. 78 -45'-11" W. AID HAVING A DISTANCE OF 558.55 FT.; THENCE CONTINUING ALONG SAID CENTERLINE S 87 - 09'-41" W. , 222.80 FT. TO THE CENTERLINE OF MIAMI HIQIWAY; THENCE N. 004-06'- 42" W. ALONG SAID CENTERLINE, 296.98 FT.; THENCE S,,89"-59'-37" E. , 250.00 FT.; THENCE N. 00°-06'-42" W., 112.00 FT.; THENCE N. 89 - 9'-37" W. , 250.00 FT . TO THE CENTERLINE OF MIAMI HIGHWAY; THENCE N. 00"-06'-42" W. ALONG SAD CENTERLINE, 1108.22 FT.; THENCE N. 89°-58'-19" E. , 260.00 FT. ; THENCE N. 00 - 06'-42" W., 270.00 FT. TO THE POINT OF BEGINNING. CONTAINING 64.23 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C-2" PLANNED SHOPPING CENTER DISTRICT ,"G" 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. 1st READING %/-/,j -8 ,///f�/�l/�'v�✓� P"'a.0 HEARING / aa.-Q CJ Sri READING MEMBER OF ' COMMON • r NCIL . ._ 1-a � -G/1 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: The Southeast Corner of Ireland Road and Miami Highway, South Bend, Indiana 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: Scottsdale Mall Partners Limited Comfort South Bend, Ltd. Partnership General Partner 200 Madison Ave. New York, New York 10016 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "C-2" Planned Shopping Center District "G" Height & Area & "A" Residential ,"A" HEIGHT & AREA TO "C-2" Planned Shopping Center District " G" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). Shopping Center/ Theater Complex 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 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 PETITIONED PROPERTY TO REVERT TO THE INITIAL ZONING CLASSIFICATION. TIME EXTENSIONS ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. r r 1 J 4 SIGNED, L �Etin t VIA Lyn fort 61Thf General Partner Comfort South Bend, Ltd. Partnership 200 Madison Ave. New York, New York 10016 PETITIONED PREPARED BY & CONTACT PERSON: PEIRCE & ASSOCIATES 52578 U.S 33 NORTH SOUTH BEND, INDIANA 46637 PHONE NUMBER (219)- 277-5381 r LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHWEST 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 THE SOUTHWEST QUARTER OF SAID SECTION 30 AND THE CENTERLINE OF IRELAND WHICH IS N. 89 -58'-19"SAID SECTION;E. ,THENCE � HENCE N. 89 -58'--58'-19" E. CORNER T a1LONG SAIDNORTHLINEOANDWCENTERLINE gF IRELAND ROAD, 1389.98 FT. ; THENCE 5. g0 -02'-56" W. 230.00 FT. ; THENCE N. 89°- 591-37" W. , 98 06 FT. TO HEN CENTERLINE-07'-24" OF THE U.S. # 20 BY THENCE -PASS; THENCE S. 70°- 20'- 41" W. ALONG SAID CENTERLINE, 1041.63 FT. ; THENCE CONTINUING ALONG SAID CENTERLINE AROUND A 1909.86 FT. RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 560.56 FT. TO THE END OF A CHORD WHICH BEARS S. 78°-45'-11" W. AND °HAVING A DISTANCE OF 558.55 FT. ; THENCE CONTINUING ALONG SAID CENTERLINE S. 87 -09'-41" W. , 222.80 FT. TO THE CENTERLINE OF MIAMI HI%HWAY; THENCE N. 00°-06'-42" W. ALONG SAID CENTERLINE, 296.98 FT. ; THENCE S. §9 -59'-37" E. , 250.00 FT. ; THENCE N. 00°-06'-42" W. , 112.00 FT. ; THENCE N. S9 -59'-37" W. , 250.00 FT . TO THE CENTERLINE THENCE N. 89 -581-19° 00 60.00 ' FT? ; ALONG 42"CENTERLINE, FT. TO THE POINT OF BEGINNING. CONTAINING 64.23 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. � 1 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 2.0, 1939 The Honorable Common Council q09 City of South Send Ccunty-City Bldg . - 4th Floor South Beni , IN 466.1 RE: A proposed ordinance and site development plan of Scottsdale Mall Partners Limited to zone from "C-2" Planned Shopping Center. "G" Height and Area and "A" Residential , "A" Height and Area to "C-2" Planned Shopping Center, "G" Height and Area, property located at the southeast corner of Ireland Road and Miami Highway. City of South Bend - APC #1297-89 Dear Council Members: • The above referenced ordinance and' site development plan of Scottsdale Mall Partners Limited was legally advertised December 7, 1989 and December 9, 1989. The Area Plan Commission at its public hearing on December 19, 1989, took the following action: Upon a motion by John DeLee, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of Scottsdale Mall Partners Limited to zone from "C-2" Planned Shopping Center, "G" Height and Area and "A" Residential, "A" Height and Area to "C-2" Planned Shopping Center, "G" Height and Area, property located at the southeast corner of Ireland Road and Miami Highway, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. In the Commission's opinion, the addition of the theatre complex would not adversely affect surrounding properties. 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: Scottsdale Mall Partners Limited CC: Peirce a Associates Serving: South Bend, Lakele, New Carlisle, North Liberty, Roseland St. Joseph County, IN • •