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HomeMy WebLinkAboutZoning - South Side of Ireland Road East of and Contiguous to the Montgomery Ward and Scottsdale Mall PropertyORDINANCE No. 5831 -75 Passed by the Common Council of the City of South Bend, MAY 12 Presented by me to the Mayor of the City of South Bend, MAY IRENE K. GAMMON Clerk of Common Council IRENE K. GAMMON Approved and signed by me ',FrI 19 . ion Clerk ORDINANCE NO. 5831 -75 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) - south side of Ireland Road east of and contiguous to the Montgomery Ward and Scottsdale Mall property. 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: 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 degrees 55 minutes 20 seconds East 1649.98 feet East from the West Quarter Section Corner of Section 30, Township 37 North, Range 3 East; thence South 89 degrees 55 minutes 20 seconds East 200 feet to the Northerly projection of 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 South 00 degrees 00 minutes 24 seconds West along said Western boundary 230 feet; thence North 89 degrees, 55 minutes 20 seconds West 199.99 feet; thence North 00 degrees 04 minutes 40 seconds East 230.00 feet to the place of beginning, containing 1.06 acres, more or less be and the same is hereby established as "C -1" Commercial District Use and "A" Height and Area District. SECTION 2. This Ordinance shall be in full force and effect from and aver its passage by the Common Council, approval by the Mayor and legal publication. TOMMUttr arplift an toe (dnuunnn ( 0uurit of thr 04ty of OXW4 Vrud: Your Committee of the Whole to whom was referred 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) - south side of Ireland Road east of and contiguous to the Montgomery Ward and Scottsdale Mall property. Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Common Council. Note: In the Council portion of the meeting, the ordinance was amended as follows: "G" Height and Area District amended to "A" Height and Area District in Section 1. Odell Newburn Chairman I... ..... r ........X.... COMMON COUNCIL JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District TERRY S. MILLER Third District ROGER O. PARENT Fourth District ROBERT G. TAYLOR Fifth District WALTER T. KOPCZYNSKI Sixth District FRANK HORVATH At Large PETER J. NEMETH At Large ODELL NEW8URN At Large # 5" 1? IF i - -7 5- CITY OF SOUTH BEND South Bend, Indiana 46601 May 15, 1975 AREA 219 284 -9321 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 Mr. Richard S. Johnson Executive Director Area Plan Commission County -City Building South Bend, Indiana 46601 In Re: An Ordinance of Tower Federal Savings and Loan Association, John D. Gill, to zone from "C -2" Planned Shopping Center District, to "C -1" Commercial District, "A" Height and Area,.property located on the south side of Ireland Road east of and contiguous to the Montgomery Ward and Scottsdale Mall property. Dear Mr. Johnson: On May 12, 1975, the Common Council held its public hearing on the above rezoning ordinance. In accordance with the amended petition, the Council amended the ordinance to change the Height and Area District from "G" to "A ". The ordinance was then passed unanimously. Legal publication of the above rezoning ordinance will take place on May 23 and May 30, 1975. Enclosure Sincerely, .Barbara J. Byers Common Council Secretary The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance and site development_ plan of Tower Federal Savings and Loan Association, John D. Gill, to zone from "C -2" Planned Shopping Center District, to "C -1" Commercial District, "G" Height and Area, property located on the south side of Ireland Road east of and contiguous to the Montgomery Ward and Scottsdale Mall property, City of South Bend Gantlemen: The attached rezoning petition of Tower Federal Savings and Loan Association, John D. Gill, was legally advertised April 5, and April 12, 1975. The Area Plan Commission gave it a public hearing April 15, 1975, at which time the following action was taken: "Upon a motion by Kenneth Woods being seconded by Daniel Chrzan and unanimously carried, the petition, as amended, of Tower Federal Savings and Loan Association, John D. Gill, to zone from "C -2" Planned Shopping Center District, to 1IC -1" Commercial District, "A" Height and Area, property located on the south side of and contiguous to the Montgomery Ward and Scottsdale Mall property, City of South Bend, is returned to the Common Council with a favorable recommendation, by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of that 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 the Area Plan Commission Staff Report. Very truly yours, s &N--� IN CLERK'S OFFICE Richard S. Johnson, Executive Director APR 16 1975 cc: Louis Chapleau John D. Gill Irene Gammon Andrew S. Place - CITY CLERK, SOUTH BEND, IND. Joseph Roper 1.0 April 4,1975 JOHN D. GILL (TOWER FEDERAL SAVINGS & LOAN ASSN.) #408 -75 EXISTING ZONING OF SURROUNDING PROPERTY - the property to the west and south of this site is currently zoned "C•-2" Planned Commercial, the property to the north is zoned "C" Commercial and "A" Residential, and the property to the east is zoned "A" Residential. EXISTING LAND USE OF SURROUNDING PROPERTY - the property to t e west and Bout of t is site is currently being used by Ward Department Store as part of the Scottsdale Mall. The area to the north of the site is currently being used for a restaurant, and single family houses, and the property to the east is all single family houses. SITE PLAN -the site plan proposes to construct a single story building to house the branch office and drive -in facility for the Tower Federal Savings and Loan Company ACCESS - vehicle access to the site will be from the interior of the Scottsdale Mall property. There will be no curb cuts onto Ireland Road and no approvals will be required from the State or from the City Engineer. DRAINAGE - storm water runoff will be.retained on the site through a series of 1,800 gallon dry wells. The formula for number of gallons retained is per City standards. PARKING - the site plan indicates that 37 parking spaces will —T�e furnished on the site. The South Bend Zoning Ordinance requires one parking space per each 200 square feet of floor area. The total floor area for the proposed building is 4,448 square feet, this would require approximately 23 parking spaces, and as stated above, 37 spaces have been provided. TABULATED DATA - the site is approximately 200 feet by 230 feet or 46,000 square feet. The building would occupy approximately 14% of the lot area, parking and drives would cover 55.1% and open space and landscaped areas would cover the remaining 30.9% of the site. PRELIMINARY SITE PLAN - the site plan as submitted has several important things missing from it, and these items are as follows: a. Building height not shown John D. Gill (cont'd) b. No screening or fence is shown along the east property line to protect the residential uses in the Scottsdale Subdivision. C. Location of, utilities has not been shown on the drawing. Since these items are not shown on the site plan, it must be considered a preliminary and any favorable recommendation must include a subject to a final site plan provision. AGENCY COMMENTS- the Director, Department of Public Works, Mr. Rollin E. Farrand, has stated that his office has no objections to the rezoning as proposed. He notes that City sewer and water are available. And he also states that he would expect the opportunity to review final plans for construction. STAFF NOTES - this same site was considered for rezoning by t1re Area Plan Commission on September 18, 1973. At that time a favorable recommendation was given to the Common Council and on December 8, 1973, the Common Council approved the rezoning request. The South Bend City Zoning Ordinance states that construction must begin on a rezoned property within twelve (12) months after rezoning is granted. This did not happen on this site and so the zoning reverted back to the "C -2" Planned Commercial classification. The owner has now instituted a new petition to rezone the property a second time. April 8, 1975 ADDITIONAL STAFF NOTES - the Attorney and Engineer for this project were contacted by the Staff and the corrections required above under Preliminary Site Plan have been made. The building height is not shown at 32 feet, the screen and fence have been shown along the East property line and the location of the utilities have been added. Since these items have now been added, the revised site plan should be considered a final. The attorney for the petition has also agreed to change the height and area classification to "A" Height and Area, instead of "G" Height and Area. STAFF COMMENTS - this area is shown as general commercial on the Land Use and Transportation Plan. The petition and site plan as submitted would substantially conform to this classification on the Plan. In considering the merits of this rezoning, the following points should be considered: