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Home My WebLink AboutZoning - 954.3' West of the Intersection of Miami & IrelandORDINANCE No. 6241 -77 Passed by the Common Council of the City of South Bend, Indiana_ October 24 19 77 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Ind'ana Approved and signed by me October 25 1917 IMIX City Clerk of Common Council IRENE K. GAMMON Clerk THORNBURG. MCGILL. JF:AHL. HARMAN, CAREY& MURRAY ORDINANCE NO. (O �) q( - -) 7 AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Chapter 21, Municipal Code). 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: Part of the Southeast Quarter (1/4) of Section Twenty -five (25), Township Thirty -seven (37) North, Range Two (2) East, situate in Centre Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Beginning at a point on the North line of the Southeast Quarter (1/4) of said Section Twenty -five (25), said point being nine hundred fifty -four and three tenths (954.3) feet West of the Northeast corner of the Southeast Quarter (1/4) of said Section Twenty -five (25); thence West along the North line of the Southeast Quarter (1/4) of said Section Twenty -five (25) a distance of two hundred forty and seven tenths (240.7) feet to a point; thence South with a deflec- tion angle of eighty -eight (88) degrees thirty -eight (38) minutes fifty (50) seconds to the left, and parallel with the East line of the Southeast Quarter (1/4) of said Section Twenty -five (25) a distance of four hundred five (405) feet to a point; thence East parallel with the North line of the Southeast Quarter (1/4) of said Section Twenty -five (25) a distance of two hundred forty and seven tenths (240.7) feet to a point; thence North parallel with the East line of the Southeast Quarter (1/4) of said Section Twenty -five (25) a distance of four hundred five (405) feet to the PLACE OF BEGINNING of this description. Containing two and twenty -four hundredths (2.24) acres of ian Subject to legal highways. be and the same hereby is established as "C" Commercial Use District and an "A" Height and Area District. 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. 14 READING -� F' $-- 7 -) PUBLIC HE;;`R19( /0 2nd REAMNG NOT APPROVER REFERRED PASSED f 05� elq6mber of Comm City of South Bend, Indiana AU G 3 1977 Irene Gammon QU OLM& SOUTH BEND, IND. PETITION TO AM Nb `ZOINING OrDINTJ\IaCE i ca t Ion N o e Date Filed with City Clerk or County Auditor Date Received by the Area Plan Commission NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR PRINTED IN INK READ THE INSTRUCTIONS CAREFULLY 3EFORJ3 COMPLETING PEtIAINDER OF FORM I (We), the undersigned, do hereby.respectfully make application and petition the CITY OF SOUTH R ND_, I ?ANA to amend the Zoning Ordinance of —th�� oE�qrh end_ Indiana as hereinafter requested, and in support of this appl�_catecn,�� the following facts are shown: 1. The property sought to be rezoned is located at the South side of Ireland Road, beginning 954.3 feet West of the intersection of Miami and Ireland Roads, running thence. South 405 feet and being. 240.7 feet in width. 2< The property is owned by Robert R. Allen and Dorothy A. Allen,, husband and wife, 3. A legal description of the property is as follows: Part of the Southeast Quarter (1/4) of Section Twenty -five (25), Township Thirty -seven (37) North, Range Two (2) East, situate in Centre Township, St. Joseph County, State of Indiana, and being more particularly described as follows: Beginning at a point on the North line of the,Southeast' Quarter (1/4) of said Section Twenty -five (25), said.point being nine hundred fifty -four and three tenths (954.3) feet West of the Northeast corner of the Southeast Quarter (1/4) of said Section Twenty -five (25); thence West along the North line of the Southeast Quarter (1/4) of said Section Twenty -five (25) a distance of two hundred forty and seven tenths (240.7) feet to a point; thence South with a deflec tion angle of eighty -eight (88) degrees thirty -eight (38) minutes fifty (50) seconds to the left, and parallel with the East line of the Southeast Quarter (1/4) of said Section Twenty -five (25) a distance of four hundred five (405) feet to a.point; thence East parallel with the North line of the Southeast Quarter (1/4) of said Section Twenty -five (25) a distance of two hundred forty and seven tenths (240.7) feet to a point; thence North parallel with'the East line of the Southeast Quarter (1/4) of said Section Twenty -five (25) a (CONTINUE ON THE REVERSE SIDE, IF NECESSARY) distance of four hundred five (405) feet to the PACE OF BEGINNING of this description.-- Containing two-and twenty -four hundredths (2.24) acres of land. Subject to legal highways. . It is desired and requested that the foregoing property be rezoned From A ** - Residential Use and A Height and Area District To C Commercial Use and A Height and Area District 5. It is proposed that the property will be put to the following use and the following building (s) will be constructed (include number of dwelling units if residential) A one story building consisting of approximately 8,000 square feet for use as a Slenderform /Universal Health Spa. 6.. Number of off- street parking spaces to be provided. 140 parking spaces, which is a number in excess of that required -by the zoning ordinance of the City of South Bend. 7. Attached is a.copy of (a) an existing plot plan showing my property and other surrounding properties; (b) nay.-,es and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan. ROBERT R. ALLEN and DOROTHY A. ALLEN BY: THORNBURG, McGILL, DEAHL, HA R S1gna o oner (s Stephen A. Seall Thornburg, McGill, Deahl, Address Harman, Carey & Murray Sixth Floor, First Bank Building Stephen A. Seall South Bend, Indiana 46601 Petition Prepared By Thornburg, McGill, Deahl, Harman, Carey & Murray Sixth Floor, First Bank Building South Bend, Indiana 46601 * In September of 1976, the foregoing property was re -zoned from A- Residential to C- Commercial, subject to a final site develop- ment plan. However the preliminary site development plan reflected that the foregoing property would be used as a Laughner's Cafeteria. Pursuant to this Petition, the foregoing property would be used as a Slenderform /Universal Health Spa. EXHIBIT "B" LIST OF PROPERTY OWNERS WITHIN 300 FEET 1. Robert R. Allen and Dorothy A. Allen 926 East LaSalle South Bend, Indiana 46617 2. Al's Real Estate Company, Inc. 910 East Ireland Road South Bend, Indiana 46614 3. Robert and Lorraine Ehlers 1027 Rosemary Lane South Bend, Indiana 46617 4. City of South Bend 5. Irvin and Afefeh Bullard 748 Hawbaker Street South Bend, Indiana 46614 6. John and Ruth Smith 626 East Ireland Road South Bend, Indiana 46614 7. Lester Sumrall Evangelistic Association 530 East Ireland Road South Bend, Indiana 46614 8. Centre Township Ireland Road Cemetery c/o Centre Township Trustee, Jack Miller 62059 Turkey Trail South Bend, Indiana 46614 9. Fred and Doris Ullery 734 East Ireland Road South Bend, Indiana 46614 10. John and Mary Lipp 742 East Ireland Road South Bend, Indiana 46614 11. City of South Bend c/o Department of Parks and Recreation 301 South St. Louis Boulevard South Bend, Indiana 46617 NOTE: The numbers listed above correspond to the circled numbers on Exhibit "A" Plot Plan. Exhibit "A" - Plot Plan and Exhibit "C" - Site Development Plan are filed separately. Cvmmuttt �e rrt Mo the eamm u Tounrd of tot (gun of ovut4 ii a- Your Committee OF THE WHOLE to whom was referred A BILL AMENDING ORDINANCE NO. 4990 -68, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (CHAPTER 21, MUNICIPAL CODE) (IRELAND ROAD 954.3' WEST OF MIAMI). Respectfully, report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDED TO COUNCIL FAVORABLE. Chairman FRANK HORVATH FN65 PR6Ps PURLIMHU10 CO.