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Home My WebLink About9400-03 Rezoning - 742 East Ireland RoadORDINANCE No. Passed by the Common Council of the Ciry of South Bend, Indiana March 10, Attest: Attest: / 1 ~ ~'~ ~ Presented by me to the Mayor of the City of South Bend, Indiana March 11, 20 03 03 20 City Clerk President of Common Council Ciry Clerk Approved and signed by me M h 11 20 _4.3- c~ c.~~ Mayor ORDINANCE NO. 1~ O ~ ~ ~3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, IN THE•CITY OF SOUTH BEND,INDIANA. 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 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST & WEST QUARTER LINE OF SAID SECTION 25 AND THE CENTERLINE OF IRELAND ROAD WHICH IS S. 90° -00'-00" W., 1225.00 FT. MORE OR LESS FROM THE EAST QUARTER POST OF SAID SECTION 25; THENCE S. 00° -00'-00" W., 307.00 FT. MORE OR LESS TO THE NORTH LINE OF HAWBAKER STREET; THENCE ALONG SAID NORTH LINE, S. 90° -00'-00" W., 111.20 FT. MORE OR LESS; THENCE N. Ol° -07'-44" W., 307.06 FT. MORE OR LESS TO SAID EAST ~ WEST QUARTER LINE OF SAID SECTION 25 AND THE CENTERLINE OF IRELAND ROAD; THENCE N. 90 -00'-00" E. ALONG SAID QUARTER LINE AND CENTERLINE, 117.25 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.81 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C-1" COMMERCIAL DISTRICT, "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 CO ON COUNCIL 1 st READING ~ ~ 13 -~ ~ P118L{C HEARWG 3~~0~03 3rd READING 3 -~0~ 03 NOT APPROVED REFERRED (~ -Q- ~"~~-~3 PASSED '3 _~tj.: t, 3 F3~~~ ~~ ~~~8':c,'~ ~~~~C' ~~~z~ 0 ~ -~~;~ ~~/~/Of ei[E[T}~Tl1~J~I.y t3L'at~ CI l i V ~Ci~iN~ 4 V~ [J~6 i~~ li'sa COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 1-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Sean Coleman Acting Chairman DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (WE) THE UNDERSIGNED MAKE APPLICATION TO 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: 742 EAST IRELAND ROAD SOUTH BEND, INDIANA 46614 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: IDA L. GOSZTOLA REVOCABLE TRUST 5172 FREDRICKSBURG COURT SOUTH BEND, INDIANA 46614 PHONE NUMBER (574) 291-3014. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: MFB FINANCIAL BANK, ATTN: DONALD KYLE 121 SOUTH CHURCH STREET MISHAWAKA, INDIANA, 46546 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "B" RESIDENTIAL, "A" HEIGHT & AREA TO "C-1" COMMERCIAL DISTRICT,"E" HEIGHT ~ AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). BANK WITH 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 AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; (C) SIX (6) 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 S~MITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. SIGNED, RICHARD MORGAN - REPRES,E~fTATIVE FOR PETITIONER & CONTINGENT PURCHASER (/ PETITIONED PREPARED BY AND CONTACT PERSON: DANCH, HARNER & ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628, PHONE NUMBER (574)-234-4003 C.~i~` ~~ ~~_~.. L47n T~E~.I.:~uua CITY C@.EE~:', ^ 0, E~SO, !'.. LEGAL DESCRIPTION PARCEL I. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST & WEST QUARTER LINE OF SAID SECTION 25 AND THE CENTERLINE OF IRELAND ROAD WHICH IS S. 90° -00'-00" W., 1225.00 FT. MORE OR LESS FROM THE EAST.QUARTER POST OF SAID SECTION 25; THENCE S. 00° -00'-00" W., 307.00 FT. MORE OR LESS TO THE NORTH LINE OF HAWBAKER STREET; THENCE ALONG SAID NORTH LINE, S. 90° -00'-00" W., 111.20 FT. MORE OR LESS; THENCE N. O1° -07'-44" W., 307.06 FT. MORE OR LESS TO SAID EAST & WEST QUARTER LINE OF SAID SECTION 25 AND THE CENTERLINE OF IRELAND ROAD; THENCE N. 90 -00'-00" E. ALONG SAID QUARTER LINE AND CENTERLINE, 117.25 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.81 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 6~nit~.~.4 ~~{ LA~rFy~~ ~I~~R`OF,~ '~ J~~ t~ ~ ~ ~0~~ LOT6TTA J. L3ilDA C! i i* CLIEf; ~, CO. E5g?s~, 6a~, PROPERTY OWNERS WITHIN 300 FEET Cocquyt & Boone Properties LLC 734 E. Ireland Road South Bend, Indiana 46614 Tax Key #23 1035 1796 Lester Sumrall Evangelistic Association 530 E. Ireland Road South Bend, Indiana 46614 Tax Key #23 1035 179501 Lester Sumrall Evangelistic Association 530 E. Ireland Road South Bend, Indiana 46614 Tax Key #23 1035 1795 Centre Township Ireland Rd. Cemetery 60250 St. Joseph Street South Bend, Indiana 46614 Tax Key #23 1035 1794 Emery & Mary Ann Keszei 722 E. Hawbaker South Bend, Indiana 46614 Tax Key #23 1035 1800 KRC South Bend 833 Inc. 3333 New Hyde Park Road, Suite 100 Lake Success, NY 11042 Tax Key #23 1035 180601 City of South Bend, Indiana County-City Building South Bend, Indiana 46601 Tax Key #23 1007 051107 Afifeh A. Bullazd 1588 Jackson Drive Troy, Michigan 48083 Tax Key #23 1035 1798 Arthur A. Gray P.O. Box 2673 South Bend, Indiana 46680 Tax Key #23 1035 1801 National Credit Corporation of Eastern Michigan 7091 Orchazd Lake Road, Suite 300 Bloomfield, Michigan 48322 Tax Key #23 1007 051106 City of South Bend County-City Building South Bend, Indiana 46601 Tax Key #18 7164 5777 Lester Sumrall Evangelistic Association P.O. Box 12 South Bend, Indiana 46624 Tax Key #23 1035 1799 Lester Sumrall Evanelistic Association 530 E. Ireland Road South Bend, Indiana 46614 Tax Key #23 1035 180903 Erskine Plaza Association 3930 Edison Lakes Parkway, Suite 2 Mishawaka, Indiana 46545 Tax Key #23 1007 051105 i J~i~~ 0 ? 20~~ ;,: -°-~~ ~or~rP,~. ~x.,~.~ ~-~ Uanch, i-/arner ~ ~I ssociates, /nc^ MICHAEL J. DANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4cn Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Ida L. Gosztola Revocable Trust for property at 742 East Ireland Road, South Bend, Indiana: Dear Council Members: Land Surveyors .Professional Engineers Landscape Architects .Land Planners January 7, 2003 Our clients, Ida L. Gosztola Revocable Trust and MFB. Financial Bank are requesting the approval of a Rezoning for property at 742 east Ireland Road for the construction of Branch facility for MFB Financial Bank. The owners believe that the requested rezoning classification will be compatible with the other mixed uses along this portion of Ireland Road. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch ~" President `~-~ Danch, Harner & Associates File # 020467 "C" Md. ~~:~~1 ~l~ ~~s~f:~'~ ~~~~~` 2422 Viridian Drive, Suite 201 South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 2191234-4003 ^ 8001594-4003 ^ Fax 219/234-4119 office 616/471-3010 ^ Fax 616/471-7237 Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 574 235-9571 Fax 574 235-9813 February 19, 2003 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 Ida L. Gosztola Revocable Trust to zone from "B" Residential, "A" Height and Area to "C-1" Commercial, "E" Height and Area, property located at 742 E. Ireland Road, City of South Bend - APC #2185-03 Dear Council Members: The above referenced ordinance and site development plan of Ida L. Gosztola Revocable Trust was legally advertised February 6, 2003. The Area Plan Commission at its public hearing on February 18, 2003, took the following action: IIpon a motion by Robert Hawley, being seconded by Charlotte Sobel and unanimously carried, the proposed ordinance and site development plan of Ida L. Gosztola Revocable Trust to zone from "B" Residential, "A" Haight and Area to "C-1" Commercial, "E" Height and Area, property located at 742 8. Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Commercial zoning makes sense at this location because it is located at a primary entrance to a major commercial shopping destination. As such, it should have minimal adverse effect on the surreundine area. 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. Si r ly, Ro ert W Sante RWS:sr Attachment CC: Ida L. Gosztola Revocable Trust CC: MFB Financial Bank CC: Danch, Harper & Associates Fit~d i59 C42t'~a'~ ~~f'r~~ ~~~ 1 ~ 20~~ ~ E LOC~'~'T7A J. Di.~J?+ Ci4~' CLERt~, E~. C::~~, czS. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT February 10, 2003 Ida L. Gosztola Revocable Trust 2185-03 Location: 742 E. Ireland Road City of South Bend RE VESTED ACTION: The petitioner is requesting a zone change from "B" Residential, "a" Height and Area to "C-1" Commercial, "e" Height and Area to allow a bank with a drive through window. EXISTING LAND USE: The property contains a vacant office building. SURROiJI3DING LAND USE AND ZONING: Located to the north is a golf course zoned "A" Residential, "a" Height and Area; located to the east is a business zoned "C" Commercial, "a" Height and Area; located to the south are businesses zoned "C-2" Planned Shopping Center, "e" Height and Area and single family homes zoned "B" Residential, "a" Height and Area; located to the west are an office, cemetary and multi-family structure zoned "B" Residential, "a" Height and Area. ACCESS: Access to the site is from High Street. 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 31,557 square feet. Of that, the buildings will occupy 2,760 square feet, or 8.75 percent of the site; the parking and drives will occupy 16,898 square feet, or 53.55 percent of the site; and 11,899 square feet or 37.7 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, or environmental hazard areas are gresent. The site is partially within a flood hazard zone. SITE PLAN• The site plan is preliminary. AGENCY COMMENTS: The City Engineer has stated that the petitioner may use the City storm sewer in High Street for overflow of the retention basins and also that the existing sewer tap should be used for the proposed bank, and if that is not possible, the sewer in Hawbaker Street must be used for the new tap. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation subject to a final site development plan. Commercial zoning makes sense at this location because it is located at a primary entrance to a major co~nercial shopping destination. As such, it should have minimal adverse effect on the surrounding area. SOUTH BEND EXISTING ZONING "A" RESIDENTIAL "B" RESIDENTIAL "C" COMMERCIAL 'C-2' PLANNED SHOPPING CENTER DISTRICT Q D APC # 2y 85-03 O 0 100 200 400 O Graphic Scale PETITION AREA REZONING FROMO: ~~C_~, COMMERCIAL, E"~HEiGHT AND AREA