HomeMy WebLinkAboutZoning - 900 E Ireland RdORDINANCE NO. 5774 -74 (A)
Passed by the Common Council of the City of South Bend, Indiana
DECEMBER 16
1974
Presented by me to the Mayor of the City of South Bend,
DECEMBER 17, �9 74
f�
Approved and signed by
Clerk
Of Common Council
IRENE K. GAMMON
Clerk
90 6 e.. woe Jed.
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02iG �r� A i-
bRDfNANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED,
COMMONLY KNOWN AS THE 'ZONING ORDINANCE OF THE CITY OF SOUTH BEND,
INDIANA (Chapter 40, 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 classifi-
cation of the following described real estate in the City of South
Bend, Indiana, 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 masonry nail in the pavement on the North
line of the Southeast Quarter (1/4) of said Section Twenty -five
(25), said point being nine hundred thirty -six and three tenths
(936.3) feet West of an iron pin monumenting the Northeast corner
of the Southeast Quarter (1/4) of said Section Twenty -five (25);
thence Westwardly along the North line of the Southeast Quarter
(1/4) of said Section Twenty -five (25) at a distance of eighteen
(18) feet to a point; thence Southwardly with a deflection angle of
eighty -eight (88) degrees thirty -eight (38) minutes fifty (50)
seconds to the left, and parallel with the East line of the South-
east Quarter (1/4) of said Section Twenty -five (25), a distance
of five hundred fifty -six and forty -five hundredths (556.45) feet
to an iron stake; thence Eastwardly parallel with the North line
of the Southeast Quarter (1/4) of said Section Twenty -five (25)
a distance of one hundred fourteen (114) feet to an iron stake;
thence Northwardly parallel with the East line of the Southeast
Quarter (1/4) of said Section Twenty -five .(25) a distance of three
hundred twenty -six (326) feet to a point; thence`Westwardly
parallel with the North line of the Southeast Quarter (1/4) of
said Section Twenty -five (25) a distance of ninety -six (96) feet
to a point; thence Northwardly parallel with the East line of the
Southeast Quarter (1/4) of said Section Twenty -five (25) a dis-
tance of two hundred thirty and forty -five hundredths (230.45)
feet to the place of beginning of this description.
Containing 0.95 of an acre of land.
Subject to legal highway.
be and the same hereby is established as a "C -1" Commercial Use
District and "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.
FILED IN CLERK'S OFFICE
OCT a
colt �:v n nun u�nv � 1974
Irene Gammon
CRY CLERKS SOUTH Wo, IMO.
M 'ber of the Common' C ncil
Isr READING io -lq -7q
PUBLIC HEARING /,P - i 4 -- y
2nd READING /.;? _ i _ - y
NOT APPROVED
REFERRED ate_' '/��
PASSED i a_ i _ o y
Tommittrr Irport
010 tkr Tommoa fount of t4f Tq of *onto lornb:
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 40,
MUNICIPAL CODE) — 900 East Ireland
Road
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
.nee .xese 46000 • .ueu..... co.
AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IND.
RICHARD S. JOHNSON, EXECUTIVE DIRECTOR
ROOM 1123 COUNTY -CITY BUILDING
227 N. JEFFERSON BLVD., SOUTH BEND, INDIANA 46601
(219) 284 -9571
November 20, 1974
The Honorable Common Council
City of South Bend
County -City Building
South Bend, IN 46601
In Re: A proposed ordinance and site development plan of
Robert R. and Dorothy A. Allen to zone from "A"
Residential, "A" Height and Area, to "C -1" Commercial,
"A" Height and Area, property located at 900.East
Ireland Road, City of South Bend
Gentlemen:
The attached rezoning petition of Robert R. and
Dorothy A. Allen was legally advertised November 9, and
November 16, 1974. The Area Plan Commission gave it a
public hearing November 19, 1974, at which time the
following action was taken:
"Upon a motion by Rollin Farrand being seconded
by Kenneth Woods and carried unanimously, the
petition of Robert R. and Dorothy A. Allen to zone
from "A" Residential, "A" Height and Area, to "C -1"
Commercial, "A" Height and Area, property located
at 900 East Ireland Road, City of South Bend, is
favorably recommended to the Common Council by the
Area Plan Commission, subject to final site plan
approval, and Drainage Board approval, if necessary.
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.
Very truly yours,
Richard S. Johnson, FILED IN CLERK'S OFFICE
Executive Director
RSJ /cm
attach.
cc: Robert and Dorothy Allen NOV 2 0 197A7
4
Steve Seall, Attorney
Irene Gammon
M M& $9u7H SEND M11)
November 14, 1974
STAFF REPORT
2.B. ROBERT ALLEN, 394 -74
EXISTING ZONING OF SURROUNDING PROPERTY - directly north of the site
is zoned "C" Commercial, to the west, east and south of the site
is zoned "A" Residential.
EXISTING LAND USE OF SURROUNDING PROPERTY - directly north of the site
is a small shopping area that consists of an ice cream store, a
restaurant and lounge, and a food store -meat market combination.
To the west and south of the site is vacant land, to the east, a
retention basin for the City of South Bend.
SITE PLAN - the site plan proposes to use this area as additional
parking for the restaurant and shopping area to the North. No
buildings or structures are to be constructed.
ACCESS - No new curb cuts will be required for this parking lot as
tFe existing cuts on Ireland Road will be used for access.
DRAINAGE - The site plan proposes the use of two dry wells to catch
the storm water, and overflow pipes to take the water into the
City retention basin to the east of, and adjacent to, this site.
PARKING - The site plan shows an addition of fifty -five parking
spaces bringing the total provided on site to 115 spaces. The
Zoning Ordinance requires a total of 106 spaces, therefore,
more than the requirement will be provided.
FINAL SITE PLAN - The drawing submitted has sufficient data to be
considered a final site plan.
AGENCY COMMENTS - The Department of Public Works has no objections
to the rezoning, however, Mr. Farrand points out that this site
is subject to flooding because of its location, and would expect
to see and approve all details regarding construction including
final elevations. He would also note that the plan, as presented,
could result in flows from rather than into the retention basin
under certain conditions. Construction on this site must protect
existing utilities including City sewers.
STAFF COMMENTS - This area has been designated for moderate density
residential, however, the adjacent areas are designated for
general commercial uses. This then means that the requested
ALLEN (cont'd)
change in zoning would be inconsistent with the plan. The
Land Use Plan was developed as a tool to guide future growth,
and although its recommendations are general in nature,
deviation which have an adverse affect from the plan should
not be encouraged. The merits of this petition should be
decided taking into consideration the following: .
1. The property is contiguous to commercially
zoned property.
2. There is a City retention basin immediately to the
east of and contiguous to this site.
3. The additional parking will solve the problem of
insufficient space and could reduce the traffic
confusion being generated at this time.
6/3/70
PETITION TO AMEND ZONING ORDINANCE
MA
ca
Date Filed w th City C1� or County Auditor In
Date Received by the Area Plan Commission I -I S -may
NOTICE. THIS PETITION MUST BE TYPEWRITTEN OR PRINTED IN INK.
READ THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING
REMAINDER OF FORM.
I (We), the undersigned, do hereby respectfully make app-
lication and petition the commop Councij of the City nf SnuLh Bend, Ind.
to amend the Zoning Ordinance of
as hereinafter requested, and in support of this app ca ion,
the following facts are shown
1. The property sought to be rezoned is located act: behind
(to the South) of The Downunder, 900 East Ireland Road,
South Bend, Indiana.
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
See attached Exhibit A
F I L E D' °l'r��y
AREA PLAN COMMISSION
APPLICATION NO.321 y _-)4
(CONTINUE ON THE REVERSE SIDE IF NECESSARY)
FILED IN CLERK'S OFFICE
OCT 3 1974
Irene Gammon
CITY CLERK, SOUTH BEND, IND.
8/3/70
4. It is desired and requested that the foregoing property
be rezoned
From "A" Residence Use and
District
To "C -1" Commercial Use and
District.
"A" Height and Area
"A" Height and Area
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)
New Parking Lot so as to provide additional parking for
commercial uses now existing immediately to the North
of the new Parking Lot.
6. Number of off street parking spaces to be provided.
52
7. Attached is a copy of a.) an existing plot plan showing
my property and other surrounding properties; b.) names and addresses
of all the individuals, firms or corporations owning property
within 300 feet of the property sought to be rezoned; c.) site
development plan.
Jack C. Dunfee, Jr.
Petition Prepared By
ROBERT R. ALLEN and DOROTHY A. ALLEN,
Husband and Wife
01 azure or reiirlonoris�
Jac C. Dunfee, Jr.
T el Attorney
6th Floorddress
First Bank Building
South Bend, Indiana 46601
219 -233 -1171
Exhibit A - Legal Description
Exhibit B - Names and Addresses of Property Owners Within
300 Feet
Exhibit C - Final Site Development Plan
EXIIIBIT A
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 masonry nail in the pavement on the North
line of the Southeast Quarter (1/4) of said Section Twenty -five
(25), said point being nine hundred thirty -six and three tenths
(936.3) feet West of an iron pin monumenting the Northeast corner
of the Southeast Quarter (1/4) of said Section Twenty -five (25);
thence Westwardly along the North line of the Southeast Quarter
(1/4) of said Section Twenty -five (25) at a distance of eighteen
(18) feet to a point; thence Southwardly with a deflection angle of
eighty -eight (88) degrees thirty -eight (38) minutes fifty (50)
seconds to the left, and parallel with the East line of the South-
east Quarter (1/4) of said Section Twenty -five (25), a distance
of five hundred fifty -six and forty -five hundredths (556.45) feet
to an iron stake; thence Eastwardly parallel with the North line
of the Southeast Quarter (1/4) of said Section Twenty -five (25)
a distance of one hundred fourteen (114) feet to an iron stake;
thence Northwardly parallel with the East line of the Southeast
Quarter (1/4) of said Section Twenty -five (25) a distance of three
hundred twenty -six (326) feet to a point; thence.;Westwardly
parallel with the North line of the Southeast Quarter (1/4) of
said Section Twenty -five (25) a distance of ninety -six (96) feet
to a point; thence Northwardly parallel with the East line of the
Southeast Quarter (1/4) of said Section Twenty -five (25) a dis-
tance of two hundred thirty and forty -five hundredths (230.45)
feet to the place of beginning of tfts description.
Containing 0.95 of an acre of land.
Subject to legal highway.
TII0I0OV11G. MCGILL.
114 A111.. IfA 1tM \Y.
CARF.Y A MUTIIIAY
L.
NAMES AND ADDRESSES OP P;
BIT B
E"RTY OWNERS WITHIN
1. City of South Bend
Board of Public Works
and Public Safety
County -City Building
South Bend, Indiana 46601
2. Robert R. and Dorothy A.
926 East LaSalle
South Bend, Indiana 46617
3• Robert A. Ehlers and Lorraine
1027 Rosemary Lane
South Bend, Indiana 46617
4. Irwin H. Rubin and Gertrude
415 Hickory Road
South Bend, Indiana 46615
5• John A. Lipp and Mary G.
742 East Ireland Road
South Bend, Indiana 46614
6. Irvin E. Bullard and Afefeh A.
748 Hawbaker Street
South Bend, Indiana 46614