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HomeMy WebLinkAbout9407-03 Rezoning - 1200, 1290, 1390 Ireland RoadORDINANCE No. Passed by the Common Council of the Ciry of Soutlt Bend, Indiana March 24, Attest: Attest: %~a ~~- v ` t 20 03 Presented by me to the Mayor of tlae Ciry of South Bend, Indiana March 25, 20 03 Ciry Clerk President of Common Cocrncil City Clerk Approved and signed by me March 25, 20 03 Mrr}rn ORDINANCE NO. ~ "1 O ~ ' 0 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1200, 1290, AND 1390 IRELAND ROAD IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. 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: A parcel being part of the North Half of the Southwest Quarter of Section 30, Township 37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, Indiana, described as follows: Commencing at the Northwest corner of said quarter; thence South 89°54'37" East (bearing assumed) along the North line of said quarter, a distance of 260.00 feet to the point of beginning; thence continuing along said North line, a distance of 102.00 feet; thence South 00°05'11" West, a distance of 870.00 feet; thence North 89°59'16" East, a distance of 53.00 feet; thence South 00°04'32" West, a distance of 150.00 feet; thence South 89°55'20" East, to the West line of Scottsdale Addition, Section "A", a distance of 484.86 feet; thence South 00°25'08" East, along said West line to the North right-of--way of U.S. Route 20 Bypass, a distance of 1 X6.52 feet; the next (8) calls being on the North said right-of--way; thence Deed: South 69°8'00" West, a distance of 421.39 feet, (measured: South 70°28'36" West, 313.64 feet and South 70°27'31" West, 106.22 feet) to the South line of said North Half; thence along said North line, North 89°52'4" West, a distance of 1397.83 feet; thence North 0°05'50" East, along the East side of a tract purchased by I.D.O.T. for right-of--way, a distance of 788.54 feet; thence North 89°27'44" West, to the East right-of--way line (county), a distance of 19.84 feet; thence along the said East right-of--way line South 0°04'21" East a distance of 788.69 feet; thence North 89°52'45" West, a distance of40.00 feet to the West line of said quarter section; thence North 00°00'00" East along said West line, a distance of 1046.67 feet; thence South 89°54'26" East, a distance of 260.00 feet; thence North 00°00'00" East, a distance of 270.00 feet to the point of beginning. PARCEL II: A parcel of land in the Southwest Quarter of Section 30, Township 37 North, Range 3 East, described as follows, viz: Beginning on the West line of said Section 30 at a.point 811 feet. North of the Southwest corner of said Section; running thence North a distance of 508.8 feet; thence East 1,787.41 feet; thence South parallel with the West line of said Section, 507.7 feet; thence West 1,787.41 feet to the place of beginning. EXCEPTING FROM SAID PARCEL II THE FOLLOWING DESCRIBED TRACTS: TRACT I: A part of the Southwest Quarter of Section 30, Township 37 North; Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Southwest corner of said Section; thence North 0°28'44" West 1,145.44 feet along the West line of said Section to the Southwest corner of the real estate as described in Cause No. G-1397 in the Circuit Court of St. Joseph County, Indiana; thence North 89°38'00' East'30.00 feet along the South line of said real estate as described in said Cause No. G-1397 to the East boundary of Miami Highway and the point of beginning of this description: (1) thence North 89°38'00' East 27.21 feet along said South line; (2) thence South 0°23'00" East 198.40 feet; (3) thence North 81°29'18" East 162.54 feet; (4) thence North 3°13'00" West 40.00 feet; (5) thence Northeasterly 328.34 feet along an arc to the left and having a radius of 1,759.86 feet and subtended by a long chord having a bearing of North 81°26'18" East and a length of 327.87 feet; (6) thence South 13°54'23" East 40.00 feet; (7) thence Northeasterly 192.47 feet along an arc to the left and having a radius of 1,799.86 feet and subtended by a long chord having a bearing of North 73°01'48' East and a length of 192.37 feet; (8) thence North 69°58'00" East 45.77 feet; (9) thence North 72°49'45" East 200.25 feet; (10) thence North 69°58'00. East 514.95 feet to the South line of the Northwest Quarter of the Southwest Quarter of said Section; (11) thence North 89°38'00' East 336.68 feet along said South line to the North corner of Lot 186 as shown on the recorded Plat of Scottsdale Addition, Section "D" in the Plat 21, page "S" in the Office of the Recorder of St. Joseph County, Indiana; (12) thence South 0°23'44" East 113.22 feet along the West line of said Lot 186; (13) thence South 69°58'00" West 494.09 feet; (14) thence South 71°00'59" West 545.86 feet; (1~) thence South 70°23'18" West 168.10 feet to the South line of the owner's land; (16) thence South 89°42'0" West 619.10 feet along the South line of the owner's land to the East boundary of Miami Highway; (17) thence North 0°23'44" West 334.44 feet along the boundary of said Miami Highway to the point of beginning. TRACT II: A part of the Southwest Quarter of Section 30, Township 37 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the Southwest comer of said Section; thence North 0°28'44" West 1,27.40 feet along the West line of said Section to the Northwest corner of the real estate as described in Cause No. G-1397 in the Circuit Court of St Joseph County, Indiana; thence North 89°38'00. East 30.00 feet along the North line of said real estate as described in Cause No. G-1397 to the East boundary of Miami Highway and the point of beginning of this description; thence North 0°28'44" West 62.00 feet along the boundary of said Miami Highway to the South line of the Northwest Quarter of the Southwest Quarter of said Section; thence North 89°38'00. East 27.50 feet along said South line; thence South 0°23'00" East 62.00 feet to the North line of said real estate as described in said Cause No. G-1397; thence South 89°38'00" West 27.40 feet along the North line of said real estate described in said Cause No. G-1397 to the point of beginning. TRACT III: All lands within Parcel II lying south of the south line of exception Tract I. PARCEL III: Rights and benefits of anon-exclusive easement as created in an instrument dated September 23,1970 and recorded September 15,1971 in Miscellaneous Record 265, pages 96-185, both inclusive, and described as follows: A tract of land situated in the Southwest Quarter of Section 30, Township 37 North, Range 3 East, St. Joseph County, Indiana, described as follows, viz: Beginning at a point on a line that bears, South 89°55'20" East 1,312 feet Easterly from the West Quarter Section corner of said Section 30; thence South 00°04'40" West 870 feet; thence South 89°55'20" East 53 feet; thence South 00°04'40" West 150 feet; thence South 89°55'20" East 484.86 feet to the Western boundary of the plat of Scottsdale Addition, Section "A" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence North 00°00'24" East 790.00 feet; thence North 89°55'20" West 199.99 feet; thence North 00°04'40" East 230 feet; thence North 89°55'20" West 337.98 feet to the place of beginning. PARCEL IV :Rights and benefits of anon-exclusive easement as created in an instrument dated June 1,1973 and recorded July 3,1973 in Deed Record 773, pages 278-289, both inclusive and described as follows: Beginning on the South line of Ireland Road 157.9 feet West of the Northwest comer of lot 9 of the Plat of Scottsdale Addition Section "A", South Bend, Indiana; thence to the left on a curve having a radius of 50.89 feet and limited to in length of a chord of 55.4 feet, to a point 36.1 feet South of the South line of Ireland Road; thence North 36.1 feet to the South line of said Ireland Road; thence East 42.1 feet along the said South line of Ireland Road to the place of beginning. PARCEL V: A tract of land situated in the Southwest quarter (1/4) of Section 30, Township 37 North, Range 3 East, St. Joseph County, Indiana described as follows, viz: Beginning at a point on a line that bears South 89,degrees 55 minutes 20 seconds East 1312 feet easterly from the West quarter section corner of said section 30; thence South 00 degrees 04 minutes, 40 seconds West 870 feet; thence South 89 degrees, 55 minutes 20 seconds East ~3 feet; thence South 00 degrees 04 minutes 40 seconds West 150 feet; thence South 89 degrees 5~ minutes 20 seconds East 484.86 feet to the western boundary of the plat of Scottsdale Addition, Section "A" as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence North 00 degrees 00 minutes 24 seconds East 790.00 feet; thence North 89 degrees 55 minutes 20 seconds West 199.99 feet; thence North 00 degrees 04 minutes 40 seconds East 230 feet; thence North 89 degrees 55 minutes 20 seconds West 337.98 feet to the place of beginning. Subject to legal highways. be and the same is hereby established as "C" Commercial / "G" Height and Area. SECTION 2. 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 Commo Council 1 st READING 2- Zy- 03 PUBLIC HEARING 3 -2~-d3 4 S S~IbS~-~-~u~~ 3 rd READING 3 _ 1.`~-03 aS SucbS'~~~-u~nd NOT APPROVED REFERRED la ~P- Z-Z~I -off PASSED 3_ z`1-03 ~~ S ~~~~ b~ls~> bli~`,~'~`a'a~~ ~~~C~ ~~t~,~ Q ~ 2~?~~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 17-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1200, 1290, AND 1390 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 as substituted. Karl King Chairman Date Filed Application No. ~ 1r1 3 - ~-s~ Date received by the 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: 1200, 1290, and 1390 Ireland Road bordered by Ireland Road to the north, Scottsdale Addition, Section A to the east, the US 20 Bypass to the south, and Miami Road to the west. (2) Name and address of property owner(s) of the petition site: Massachusetts Mutual Life Insurance Company 1295 State Street Springfield, MA 01111 c/o Cornerstone Real Estate Advisers, Inc. Attn: Tom Fleming Phone: (312) 786-0055 Montgomery Ward Development, LLC c/o NHB Assignments, LLC NachmanHaysbrownstein, Inc. 822 Montgomery Avenue Narberth, Pennsylvania 19072 Attn: John L. Palmer Phone: (610) 660-0060 (3) Name and address of contingent purchaser(s), if applicable: KSK-Scottsdale, L.P. c/o Kimco Realty Corporation 3333 New Hyde Park Road Suite 100 New Hyde Park, NY 11042-0020 Attn: Raymond Edwards Phone: (516) 869-2586 (4) It is desired and requested that this property be rezoned from "C-2" Planned Sho~ppin~ Center / "G" & "A" Height and Area and "A" Residential / "A" Height and Area to "C" Commercial / "G" Height and Area. (5) This rezoning is requested to allow the following use(s): "C' Commercial Allowed Uses (6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners and 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. ::ODMA\PCDOCS\CHIONE\911723\2 (7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it maybe 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 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 zonin>; classification. Under certain conditions, a time extension on the submittal of the final site plan maybe requested. Massachusetts Mutual Life Insurance Company By: Cornerstone Real Estate Advisers, its Duly Authorized Agent Elena M. Walsh, Vice President Montgomery Ward Development, LLC By: NHB Assignments, LLC, Plan Administrator for Montgomery Ward, et. al. ~%~~'~-~ J L. Palmer, Managing Director KSK-Scottsdale, L.P. By: JLP-Scottsdale LLC, its General Partner Authorized Representative PETITION PREPARED BY AND CONTACT PERSON: Derek J. Spier, A.I.C.P. Abonmarche Consultants, Inc. 750 Lincoln Way East South Bend, Indiana 46601 (574) 232-8700 C:\My Documents\Nachman Hays\Wards\Legal JLP\Real Estate\Soctsdale Mall Rezoning\RezoningAppBcation -Scottsdale Mall v2.DOC ~J ~. (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 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 zonin>; classification. Under certain conditions, a time extension on the submittal of the final site plan maybe requested. Massachusetts Mutual Life Insurance Company By: Cornerstone Real Estate Advisers, its Duly Authorized Agent Elena M. Walsh, Vice President Montgomery Ward Development, LLC By: NHB Assignments, LLC, Plan Administrator for Montgomery Ward, et. al. John L. Palmer, Managing Director KSK-Scottsdale, L.P. By: JLP-Scottsdale LLC, its General Partner ~' L/ Authorized Represe ative Jerry Greenfield PETITION PREPARED BY AND CONTACT PERSON: Derek J. Spier, A.I.C.P. Abonmarche Consultants, Inc. 750 Lincoln Way East South Bend, Indiana 46601 (574) 232-8700 C:\WINDOWS\TEMP\c.notes.data\I2ezoning Application -Scottsdale Mall v2.DOC 4 (7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it maybe 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 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 maybe requested. Massachusetts Mutual Life Insurance Company By: Cornerstone Real Estate Advisers, its Duly Authorized Agent V Vice President Jchn l~.WooT~' Montgomery Ward Development, LLC By: NHB Assignments, LLC, Plan Administrator for Montgomery Ward, et. al. John L. Palmer, Managing Director KSK-Scottsdale, L.P. By: JLP-Scottsdale LLC, its General Partner Authorized Representative PETITION PREPARED BY AND CONTACT PERSON: Derek J. Spier, A.I.C.P. Abonmarche Consultants, Inc. 750 Lincoln Way East South Bend, Indiana 46601 (574) 232-8700 ::ODMA\PCDOCS\CHIONE\911723\2 Filed in C r21 ~'s affice ~1AR 1 `7 2003 ~oF~~ ~. oooA cmrc~e~c.~.a~~o,eN. ;/ DAVID GEORGE VERNASCO BENDAN PROPERTIES ONE HOLDINGS, INC. 1105 EAST IRELAND ROAD 4220 EDISON LAKES PARKWAY 1014 VINE STREET SOUTH BEND, IN 46614 MISHAWAKA, IN 46545 CINCINNATI, OH 45202 23-1004-0374.01 23-1004-0374.02 23-1004-0374 WILLIAM BARDEN HASELTON KIMBERLY ANN SWAIM THOMAS & JANICE FARKAS 1238 CATHEP.WOOD DRIVE 1242 CATHERWOOD DRIVE 1246 CATHERWOOD DRIVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1004-0301 23-1004-0302 23-1004-0303 DECOKES J. HOOVER ALBERTA EUTZLER & PAUL & MARGARET MCKENZIE 1252 CATHERWOOD DRIVE DAVID BATTEN 1304 CATHERWOOD DRIVE SOUTH BEND, IN 46614 1258 CATHERWOOD DRIVE SOUTH BEND, IN 46614 23-1004-0304 SOUTH BEND, IN 46614 23-1004-0306 23-1004-0305 PAUL S. WILSON JANET S. GARD MARILYN J. SLATER 4415 BROOKTON DRIVE 4419 BROOKTON DRIVE 4423 BROOKTON DRIVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1004-0309 23-1004-0310 23-1004-0311 LILIAS JONES, TRUSTEE FOX REAL ESTATE, LLP NICK STRIGLOS 4227 BROOICTON DRIVE 5717 GRAPE ROAD P.O. BOX 116 SOUTH BEND, IN 46614 MISHAWAKA, IN 46545 DECATUR, IL 62525 23-1004-0312 23-1004-0313 23-1004-0314 SCOTTSDALE REALTY, INC. ONE HOLDINGS, INC. DOROTHY & RUTHANN YOUNGSMA P.O. BOX 10 813 CAREW TOWER 1344 OAKDALE DRIVE ELKHART, IN 46515 CINCINNATI, OH 45202 SOUTH BEND, IN 46614 23-1004-0317 23-1004-0320 23-1004-0365 DAVID B. THOMAS RICHARD & DEBRA GUZICKI SHAUN NICHOLLS 4432 BROOKTON DRIVE 1434 RIDING MALL DRIVE 1357 EAST IRELAND ROAD SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1004-0366 23-1004-0367 23-1004-0368 TOWER FEDERAL SAVING MICHAEL A. IRVING MICHAEL & LINDA BONDS 32100 TELEGRAPH ROAD, STE. 100 1423 ORKNEY COURT 1417 ORKNEY COURT FRANKLIN, MI 48025 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1009-0582.02 23-1011-0654 23-1011-0655 DONALD & GERTRUDE SCHAAL 1606 WOODMONT DRIVE SOUTH BEND, IN 46614 23-1011-0656 BEVERLY J. HOLLEMAN 1407 ORKNEY DRIVE SOUTH BEND, IN 46614 23-1011-0657 CAROL CARLSON (EHLER) 1408 ORKNEY COURT SOUTH BEND, IN 46614 23-1011-0658 MICHAEL QUIROZ & JOHN & DOROTHY WHITE JOAN M. DILLON HEATHER RADECKI 1412 ORKNEY COURT 1424 ORKNEY COURT SOUTH BEND, IN 46614 1418 ORKNEY COURT SOUTH BEND, IN 46614 23-1011-0659 SOUTH BEND, IN 46614 23-1011-0661 23-1011-0660 DOREEN BENAVENTE HARVEY BUCKLEY NICHOLAS & ECHEVARRIA CHEVRIE 1427 ARGYLE 1421 ARGYLE DRIVE 1415 ARGYLE DRIVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1011-0669 23-1011-0670 23-1011-0671 ANASTACIA GRING JERRY SZABO KARL A. STETLER 1409 ARGYLE DRIVE 1401 ARGYLE 1402 ARGYLE DRIVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1011-0672 23-1011-0673 23-1011-0674 WILLIAM & FRANCES BUCHANAN GAIL MARTSOLF TIMOTHY & SHERRY HARTZELL 4609 INVERNESS LANE 4615 INVERNESS LANE 4621 INVERNESS LANE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1011-0675 23-1011-0676 23-1011-0677 DALE & NANCY DUSTMAN NAYDENE PAYSOURE JAY A. SNYDER 4627 INVERNESS DRIVE 1410 SUTHERLAND LANE 14.16 SUTHERLAND LANE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1011-0678 23-1011-0679 23-1011-0680 LEROY & PATRICIA GREENE LORI A. OLIVER JOHN P. HENDERSON 1422 SUTHERLAND DRIVE 1428 SUTHERLAND LANE 1429 SUTHERLAND DRIVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1011-0681 23-1011-0694 23-1'011-0693 MICHELLE TULEY MEERSMAN PAUL & CORINNE KARKIEWICZ RICHARD & LISA WIEST 1421 SUTHERLAND LANE 4612 INVERNESS 1422 ARGYLE DRIVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1011-0682 23-1011-0683 23-1011-0684 WILLIAM R. RUTT STATE OF INDIANA STATE OF INDIANA 1430 ARGYLE DRIVE 201 STATE OFFICE BLDG. P.O. BOX 429 SOUTH BEND, IN 46614 INDIANAPOLIS, IN 46204 LAPORTE, IN 46350 23-1011-0685 23-1016-0870 23-1016-0879; 23-1016-0880 23-1016-0881; 23-1016-0882 23-1016-0883; 23-1035-1839 JUDY R. CHRZAN NEVADA H. POKORNEY ERIN HARBERTSON 4809 SELKIRK DRIVE 4813 SELKIRK DRIVE 4819 SELKIRK DRIVE SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1016-0884 23-1016-0885 23-1016-0886 RICHARD & WINIFRED MABRY THOMAS COYLE & ROY GEORGIA GUNTHER & CATHERINE ASTERLIN 4814 SELKIRK DRIVE 4802 SELKIRK DRIVE 1514 PERTHWAY SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 SOUTH BEND, IN 46614 23-1016-0939 23-1016-0940 23-1016-0941 PROPERTY INVESTMENTS, INC. MASSACHUSETTS MUTUAL LIFE FAIRINGTON APARTMENTS P.O. BOX 2932 P.O. BOX 131001 OF SOUTH BEND SOUTH BEND, IN 46680 CARLSBAD, CA 92013 419 BELLE AIR LANE 23-1004-0369 23-1009-0583 WARRENTON, VA 20186 23-1009-0584 SOUTH BEND COMMUNITY HILDRED R. WIDENER, TRUSTEE MIAMI ASSOCIATES SCHOOL CORPORATION 719 WIDENER LANE P•O. BOX 4280 635 SOUTH MAIN STREET SOUTH BEND, IN 46614 SOUTH BEND, IN 46634 SOUTH BEND, IN 46623 23-1035-1839.01 23-1035-1838.01 23-1021-1231 23-1035-1837 FRANCHISE REALTY CORPORATION BOX 66207, A M F OHARE CHICAGO, IL 60666 23-1035-1809.02 ST. JOSEPH BANK & TRUST CO P.O. BOX 560807 DALLAS, TX 75356 23-1035-1808.03 ERSKINE PLAZA ASSOCIATION 3930 EDISON LAKES PKWY., STE. 200 MISHAWAKA, IN 46545 23-1035-1806 RLBI,LLC 3510 PARK PLACE WEST MISHAWAKA,IN 46S4S 23-1007-OS 11.03 BARBARA W. DOBSON 17607 JUDAY LAKE DRIVE SOUTH BEND, IN 46635 23-1007-OS 10.03 JOSEPH & ROSE LIRA, JR. 17776 BROMLEY CHASE SOUTH BEND, IN 46614 23-1007-OS l O.OS SPEEDWAY SUPERAMERICA, LLC 539 SOUTH MAIN STREET FINDLAY, OH 45840 23-1009-0582.01 INDIANA BELL TELEPHONE CO. ONE BELL CENTER, RM. 36 M O1 ST. LOUIS, MO b3101 23-1007-0510.04 t=it~d in Ct2~t~°~ ~~ii~~ ~ ~ ~ ~ Z00~ LORETTA J. pLlOE°a CI'i ~ C~~R#w . ii'~~EO, 6h. Area Plan Commission of St. Joseph County 1140 County-City Building - 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 March 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 Massachusetts Mutual Life Insurance Company to zone from "C-2" Planned Shopping Center, "G" and "A" Height and Area and "A" Residential, "A" Height and Area to "C" Commercial, "G" Height and Area, property located at 1200, 1290 and 1390 Ireland Road, City of South Bend - APC #2193-03 Dear Council Members: The above referenced ordinance and site development plan of Massachusetts Mutual Life Insurance Company was legally advertised on March 6, 2002. The Area Plan Commission at its public hearing on March 18, 2003, took the following action: Upon a motion by Charlotte Sobel, being seconded by Tim Walz and unanimously carried, the proposed ordinance and site development plan of Massachusetts Mutual Life Insurance Company to zone from "C-2" Planned Shopping Center, "G" and "A" Haight and Area and "A" Residential, "A" Height and Area to "C" Commercial, "G" Height and Area, property located at 1200, 1290 and 1390 Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This proposal suggests that by rearranging the commercial space on the site to a strip mall set-up, a more viable shopping center can be achieved. Having fewer storefronts, but more actual shopping opportunities is a reasonable and strongly desirable goal for the area. In addition, if this shopping center proves successful, it could act as a catalyst and anchor for future developments in this area of the City. 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, C~ B rn, RSJ:sr Attachment CC: Massachusetts Mutual Life Insurance Company CC: KKS Scottsdale LLC CC: Derek J. Spier, A.I.C.P. o/ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana • STAFF REPORT March 10, 2003 Massachusetts Mutual Life Insurance Company 2193-03 Location: .1200, 1290 and 1390 Ireland Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C-2" Planned Shopping Center, "G" and "A" Height and Area and "A" Residential, "A" Height and Area to "C" Commercial, "G" Height and Area to allow a regional shopping center, EXISTING LAND USE: The property contains a shopping mall and restaurant outlots. SURROUNDING LAND USE AND ZONING: Located to the north are businesses zoned "C" Commercial, "D" and "E" height and area and single family homes zoned "A" Residential, "A" height and area; located to the east are single family homes zoned "A" Residential, "A" height and area; located to the south is the U.S. 20 Bypass; located to the west are businesses zoned "C" Commercial, "A" height and area, and "C-2" Planned Shopping Center, "E" height and area. ACCESS: Access to the site is from Miami Street and Ireland Road. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 57.25 acres. Of that, the buildings will occupy 11.55 acres, or 20 percent of the site; the parking and drives will occupy 39.39 acres, or 69 percent of the site; and 6.31 acres, or 11 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 present. The property is partially within a flood zone. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer will require a drainage plan at the final site plan stage. 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. This proposal suggests that by rearranging the commercial space on the site to a strip mall set-up, a more viable shopping center can be achieved. Having fewer storefronts, but more actual shopping opportunities is a reasonable and strongly STAFF REPORT March 10, 2003 desirable goal for the area. In addition, if this shopping center proves successful, it could act as a catalyst and anchor for future developments in that area of the City.