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Home My WebLink AboutRezoning - Southwest corner of Ireland and MiamiORDINANCE No. 5807 -75 Passed by the Common Council of the City of South Bend, Indiana FEBRUARY 24, 75 Attest. r l� City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana FEBRUARY 25 e ' ... .. •.. . l.. '!1 �. a ll ,i1 /�.� "�� of Common Council 75 IRENE K. GAMMON Clerk Southwest corner of Ireland and Miami ORDINANCE NUMBER 5807 -757- AN ORDINANCE AMENDING CHAPTER. 40, SECTION 40 -14, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1: That chapter 40, section 40 -14, of the municipal code of the City of South Bend, Indiana, commonly known as the zoning ordinance of the City of South Bend, be and it is hereby amended and 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 in the Southeast Quarter (SE4) of Section 25, Township 37 North, Range 2 East in St. Joseph County, Indiana, described as beginning at a point on the East line of the said Southeast Quarter (SE4) seven hundred thirty and fifteen hun- dredths (730.15) feet South of the Northeast Corner of said Southeast Quarter (SE,',); thence West a distance of five hundred thirty -seven (537) feet; thence South a distance of three hun- dred forty! -seven and five tenths (347.5) feet, more or less, to a point on the North line of Widener's Addition; thence East a distance of five hundred thirty -seven (537) feet to the East line of said Section, which is also the center line of Miami Street; thence North along said East line to the point of beginning, containing approximately 4.28 acres, subject to legal highways, is hereby made "C -2" commercial use district and "B" 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. 1st READING /0 -a 8 -7 PUBLIC HEARING -2 - 10-'7 -5-- 2nd READING a- a q- 5 NOT APPROVED REFERRED PASSED � _ a y - 7 S FILED IN CLERK'S OFFICE OCT 231974 Irene Gammon CITY CLERKS SOUTH BEND, IND. I •x ;S NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR'PRINTED IN INK. AtlfH READ THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF FORM. i I (vie), the undersigned, do hereby'respectfully make application j and petition the Common Council of the Ci}pf S�oLthB�nd. Indiana. j to amend t e zT oning Ordinance of ihp r; +v e d • as herein este , in support of.this application,, the following facts are shown: •" 1. The property sought to be rezoned is located ada: on the west- side -of: Miami Street, beginning 730.15 feet south of the center of Ireland..•Road and PETITION TO AMEND ZONING ORDINANCE t I •x ;S OCT 2 31974 . Irene Gammon CM WK SOUTH BEND, IND. (vLli'1'.I.:YLC: L': L" AL:. 11: .AC.:11'.Ll).Y-01V'ti�Vr.ttJ�.' .y.tti::, 'L•�'P.tx:.5.?i:.LLi.'�•� NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR'PRINTED IN INK. READ THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF FORM. i I (vie), the undersigned, do hereby'respectfully make application j and petition the Common Council of the Ci}pf S�oLthB�nd. Indiana. j to amend t e zT oning Ordinance of ihp r; +v e d • as herein este , in support of.this application,, the following facts are shown: •" 1. The property sought to be rezoned is located ada: on the west- side -of: Miami Street, beginning 730.15 feet south of the center of Ireland..•Road and running south 347.5 feet and west 537.feet. , 2. The property is owned by Robert R. Allen & Dorothy A. Allen.,_- • 3.` A legal description of the property is as follows: A tract of land in.the SoutheastrQuarter of Section 25, Township 37 North,'Range 2 East, in St. Joseph County, Indiana, described as beginning at a point on the East line of -said Southeast Quarter 730.15 feet South of the Northeast corner of said Southeast Quarter; thence West a distance of 537 feet; thence South. _} ' a distance of 347:5 feet, more or less, td`a point on the. NortFi line. of Widener's Addition;'.then'ce East a distance of 537 feet to the East line of said Section,. which is.also the centerline of Miami Street; thence North along said East line to the point of'beginning.pOtaining approximately 4.28 acres, subject to. legal . highways. FILED IN CLERK'S OFFICE OCT 2 31974 . Irene Gammon CM WK SOUTH BEND, IND. (vLli'1'.I.:YLC: L': L" AL:. 11: .AC.:11'.Ll).Y-01V'ti�Vr.ttJ�.' .y.tti::, 'L•�'P.tx:.5.?i:.LLi.'�•� r,uaz� • I aO,.tl'.J•N I AdZ3 'ouax. 4. It is desired and requested that the foregoing property be o rezpned: t From_p RFSTnmTIAL Use and A. Height .and Arec District To , C -2 ,COMMERCIAL Use •and _Height, and Area District. •_ T "I ", .... .'. . : �'y�:.•,•.`,.Tt:is;proposQd that the .property will be,.put.'to the following use and the „f „ „ollgwing• building, .(s) will be „constructed :('include 5 \j;number:iof dwelling, units. `if res$�leptial)'t,.Q;P' finned sf}dpping center, The first contemplated construction will be a single -story building of approximately 13,200 r f* ttA be u Bd a s:a;f�rt di►Gf�,�ank ,•TtO. :.rs i Ell .P . Y•t•. ... '.f. t. , ••M1 t /�,t'. ar... 1i.1,• •4:: }� .. .. - 6. Number of off.atreet, parking,spaces,,to, b� pr. x:.Lded :.; J 26 for Jt11e''bhanch;�ank c, t 160 for the remainder »• 7. Attached is a' copy 'of.: a. ): an gji tig pot plan showing my property and other_ fsurrounding pxopgrtiQS,; h,�), Wages e}td lAddresses of call' theh7:ndividiials; 'firms or corporations 7'bwnj.ng property within \.�QO feet of the ��onerty.sought,.t9 be ,re�on�d.;. c.) site. vs 7orta. :•de1_4I'. Yne t.:Ptx:y2i> t..:L'r. .4:) QI 't:71• ' .. :J& ap :):Y .. ^,r• .111ad Robert`R! AP•1i•' & Ffy Al"Alleyi AN, ` ul:; • r; r Sri ?.:7do r t &I &V11z 725 St. �'J'ose�fWttii 1ding ' • ,, . ,t • Address •. f -: • • ,” ZsFnr.•: \ :n i : •� Sou ',Bent. Ind rtrA :"Ijg603;, ` tne Attorney for Peti.tioner's"''� ' i' •` 7:'.i:' Vr: ..Y •r,Y. t.�: .. {;. cl. .. .).rattiY r;T :� ', ' •r I. .\•. r,.. .. fi :u /, .••rt:!` t•. {. �, .MO••, it }.t.j %.ifl � i ill? . i•'J•� .. .': r.. .. ,:,- ..,.: fit.• :. j't \'• :L �r1i. �'.i �' '�- .'r. �:•t �':' tiinyr rt 'i {�li1i :!7Aca�t\ tQnmtttittrrcpurt ton the fQnmmun (90uncit of t4p'tog of #VW4 wrnd: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING CHAPTER 40, SECTION 40 -14, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED — southwest corner of Ireland and Miami. Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Common Council. Odell Newburn Chairman FREE PRE83 FYBLIBXINO CO. LIMITED TO ORAL SURGERY ROBERT R. ALLEN, D. D. 5.�'" 1f .rim o� 926 EAST LA SALLE AVE. y0L0 _u SOUTH BEND, INDIANA f TELEPHONE 232.4716 February 24, 1975 The Common Council of the City of South Bend, Indiana County -City Building South Bend, Indiana 46601 Re: Donation of right of way land on Miami Road As the legal owners of and petitioners for the rezoning of property with approximately 346 foot frontage on Miami Road, located on the West side of Miami Road and adjacent to and just North of the Tower Federal Savings and Loan property, we wish to donate to the City of South Bend, Indiana a ten foot wide strip of land to be used for the purpose of widening Miami Road to the proposed width of eighty feet. Very truly yours, Robert R. Allen o h xA7 �lq I US "— Dorothy 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 Robert and Dorothy Allen to zone from "A" Residential, "A" Height and Area to "C -2" Com- mercial, "B" Height and Area, Property located on the west side of Miami south of Ireland Gentlemen: The attached rezoning petition of Robert and Dorothy Allen was legally advertised January 11, and January 18, 1975. The Area Plan Commission gave it a public hearing January 21, 1975, at which time the following action was taken: "Upon a motion by Ted Sharp being seconded by Russell Rothermel and carried unanimously, FILED IN CLERK'S OFFICE the petition of Robert and Dorothy Allen to zone from "A" Residential, "A" Height and Area, to "C -2" Commercial, "B" Height and Area is returned to the Common Council with a favorable JAN 2 21975 recommendation from the Area Plan Commission, subject to a final site plan, the half right - Irene Gammon of -way on Miami being forty feet, and to the development bieng on City sewer and water." CITY CLERK, SOUTH BEND, IND. The above recommendation is made subject to a final site plan and the preliminary site plan is attached hereto. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the 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 Richard S. ohnson Executive Director RSJ:lari cc: Robert Allen Bruce Stewart Mathews - Purucker - Anella, Inc. December 5, 1974 STAFF REPORT 2. A. ROBERT AND DOROTHY ALLEN #397 -74 EXISTING ZONING OF SURROUNDING PROPERTY - to the north of the site the property is zoned C Commercial, to the west and south the property is zoned "A" Residential and to the east the property is zoned "C -2" Commercial (Planned Shopping Center) for the Scottsdale Mall. EXISTING LAND USE OF SURROUNDING PROPERTY - to the north of the site is a car was , to the west is vacant land to the south is a single family house and to the east is the shopping center. A petition to rezone has been filed by the owner of the property to the south. The petition is for "C -1" Commercial. SITE PLAN - the site plan proposes to construct a planned shopping center, with the first building being a one story structure of approximately 3,200 square feet to house a branch of the St. Joseph Bank. The second building will be used for offices and commercial uses. ACCESS - access to the site will be through one signalized point opposite the entrance to the Scottsdale Mall. This will not require State approval. DRAINAGE - no drainage plans have been submitted with this Petition. Plans must be sulmitted for drainage along with the, final site plan. PARKING - sufficient parking has been provided for the first phase of the development, however, a determination of how many spaces will be required for the remaining area cannot be made until a specific proposal has been made as to its use. TABULATED DATA - the size of the total site is approximately 4.28 acres. The first building will be approximately 3,200 square feet, and the second approximately 19,500 square feet. The remainder of the site will be drives, parking and open space. PRELIMINARY SITE PLAN - the site plan submitted does not have sufficient data to be considered a final site plan. AGENCY COMMENTS - the Department of Public Works has stated that they have no objections to the rezoning, however, they would expect to review the final site plan to determine the adequacy of drainage, and they would also want a 40 foot half right -of -way for Miami Hwy. Robert and Dorothy Allen #397 -74 STAFF COMMENTS - this area has been designated as general commercial on the Land Use and Transportation Plan. The requested rezoning and use of the site is consistent with this recommendation. In deciding the merits of the xezoning request, the following factors should be taken into consideration: 1. The site has existing commercial uses to the north and east. 2. The sits has existing single family zoning and uses to the south and west. 3. High traffic volumes already exist on Miami Hwy. and on Ireland Road. 4. The development of this site will be done in conjunction with the surrounding property. This will limit the number of curb cuts onto Miami Hwy. to one signalized access point. STAFF NOTE: If the Area Plan Commission recommends this petition favorably to the City Council it should be subject to a 40 foot half right - of -way on Miami. - 2 -