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Home My WebLink AboutZoning - Property located 2000 block of East Ireland Rd for Goodrich Theaters . r r T ORDINANCE No. 8015-89 Passed by the Common Council of the City of South Bend, Indiana. September 25 , 89 Attest: "" ✓ City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ September 2 5, 89 r9 City Clerk IRENE K. GAMMON Approved and signed by me • • ig —' Mayor Y • ORDINANCE NO. 8015-89 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 2000 BLOCK OF EAST IRELAND RD. IN THE CITY OF SOUTH BEND, INDIANA, FOR GOODRICH THEATERS INC. 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: That part of the East half of the Northeast quarter of Section 30, T. 37 N. , R. 3E. , Centre Township, St. Joseph County, Indiana which is described as: Beginning at a Point on the East and. West quarter line of said Section which is N. 890 58 ' 35" W. , 660.45 ft. ( 660.37 ft. , record) from the East quarter Post of said Section; thence N. 890 58' 35" W. along said line and the Centerline of Ireland Rd. 391. 85 ft. ; thence N. 00o02' 12" E. , 839.64 ft. ( 840. 00 ft. , record) ; thence N. 890 56 ' 29" E. , 551.22 ft. ; thence S. OOo 02 ' 44" E. , 420.39 ft. ; thence N. 890 56' 15" E. , 25. 00 ft. ; thence S. OOo 01' 11" W. , 30.00 ft. ; thence S. 890 56' 15" W. , 55.00 ft. ; thence N. OOo 02; 47" W. 180.00 ft. ; S. 890 55' 50 " W. , 129.86.ft. (130. 00 ft. , record) ; thence S. OOo 01' 21" W. , 569.79 ft. to the Point of Beginning, Subject to all recorded highway easements. Containing 8. 6865 Acreas. Subject to the following condition: that a minimum of a six (6) foot high board on board solid wood privacy fence be installed along the entire northern boundary and also be installed beginning at the northwest corner going South for a distance of three hundred ( 300) feet. Be and the Same is hereby established as "C" Commercial, "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. M-"`'• r the C moron/ . ncil • Y S t DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION l 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: On the north side of the 2000 block of East Ireland Rd. South Bend, Indiana. 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: Goodrich Theaters Inc. 3565 29th St. , S.E. Kentwood, Michigan 49508 PHONE NUMBER (616) 949-8760 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, "A" Height & Area 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). 10 Screen Multi-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. AOr SIGNED .� � �/. 4041ii • JSo‘tz3 • G Z.rrc4 '21/ Itko`td PETITIONED PREPARED BY & CONTACT PERSON: PEIRCE & ASSOCIATES 52578 U.S 33 NORTH �, bcfrj SOUTH BEND, INDIANA 46637 e E PHONE NUMBER (219)- 277-5381 W ! 4 LEGAL DESCRIPTION That part of the East half of the Northeast quarter of Section 30, T. 37 N., R. 3 E. , Centre Township, St. Joseph County, Indiana which is described as: Beginnin% at a Point on the East and West quarter line of said Section which is N. 89 -58'-35" W., 660.45 ft. (6600 37 ft. , record) from the East quarter Post of said Section; thence N. 89"-58'-35" W. along said line and the Centerline of Ireland Road, 391.85 ft.; thence N. 00'-02'-12" E. , 839.14 ft. (840.00 ft. , record); thence N. 89"-56'-29" E. , 551.22 ft.; thence S. 00,.-02 - 44" E. , 420.39 ft. ; thence N. $9°-56'-15" E., 25.00 ft.; thence S. 00°-01'- 11" W. , 30.00 ft.; thence S. 89"-56'-15" W. , 55.00 ft.; thence N. 00°-02'-47" W. 180.00 ft.; S. 89'-55'-50" W. , 129.86 ft. (130.00 ft., record); thence S. 006-01'-21" W. , 569.79 ft. to the Point of Beginning. Subject to all recorded highway easements. Containing 8.6865 Acres. • 130 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 May 17, 1989 The Honorable Common Council ,» q City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Goodrich Theaters, Inc. to zone from "A" Residential , "A" Height and Area, and "C" Commercial, "A" Height and Area to "C" Commercial , "A" Height and Area, property located on the north side of the 2000 block of East Ireland Road, City of South Bend - APC #1248-89 Gentlemen: The above referenced ordinance and site development plan of Goodrich Theaters, Inc. was legally advertised May 4, 1989 and May 6, 1989. The Area Plan Commission gave it a public hearing on May 16, 1989, at which time the following action was taken: Upon a motion by Harold Means, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Goodrich Theaters, Inc. to zone from "A" Residential , "A" Height and Area, and "C" Commercial , "A" Height and Area to "C" Commercial, "A" Height and Area, property located on the north side of the 2000 block of East Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a site development plan indicating only one access point onto Ireland Road and a detailed landscape screening plan where required on the north and west boundaries of the project. In the Commission's opinion, the proposed theater would be a reasonable use of the property. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council 's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN A y ' 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: Goodrich Theaters, Inc. CC: Peirce & Associates STAFF REPORT May 8, 1989 Goodrich Theaters, Inc. 1248-89 Location: north side of the 2000 block of East Ireland Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential , "A" Height and Area and "C" Commercial , "A" Height and Area to "C" Commercial , "A" Height and Area to allow a ten screen multi-theater complex • EXISTING LAND USE: The property is'currently vacant . SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "A" Residential ; to the east is a retention area zoned "A" Residential and a building supply store zoned "C" Commercial ; to the south, across Ireland Road, is a single-family home and vacant land in the County, zoned "R" Residential ; to the west is a single-family home, also in the County, zoned "R" Residential . ACCESS: Access to the site is proposed from Ireland Road. WATER SOURCE/SEWAGE DISPOSAL: The property will be connected to City water and sewer. DRAINAGE: The drainage has not been addressed by the petitioner. DATA: The total site to be rezoned is 8.19 acres. Of that , the buildings will occupy 37,744 square feet , or 11% of the site; the parking and drives will occupy 242,994 square feet , or 68% of the site, and 76,019 square feet or 21% of the site will remain as open space. WETLANDS/FLOOD HAZARD: A check of the Agency's maps indicates that no wetlands or flood hazard areas are present . SITE PLAN: The site plan is preliminary. • AGENCY COMMENTS: The City Engineer made the following comments: (1) Curb cuts on Ireland should be combined into one cut . (2) Approaches to be built to City standards. ' " .3 Q._,11 • _____J ir---- 'rOno Si• ' ' f Pt- * • L41 II Ooluaso. I ‘... , . ..1 . -. 1.{074... -.- .1'f.H. :- • • I . :PD Y u i E i c.,... ct .. 01 .41. I tCtLTIVIM PORTAGE TWP. 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Iii' m w --- , .W.— — "4 Z.; • JACKSON .•13 11 1 T- ., I I 4* I I a 4 In - " RD. •• '' ..: ....___ —.._ ____ '111 31 g ■, t.i . 31 • - REZONING FROM: "A" RESIDENTIAL AND "C" COMMERCIAL AP C #1248-89 TO: "C" COMMERCIAL PETITION AREA: COUNTY ZONING "R" RESIDENTIAL 1 I "C" COMMERCIAL IM=1•1/111 "0" OFFICE I 1 SOUTH BEND ZONING .4. ' NORTH "A" RESIDENTIAL I- "B" RESIDENTIAL "C" COMMERCIAL