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HomeMy WebLinkAboutRezoning - 346 North IronwoodORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana July 23, Attest: Attest: 20 01 Presented by me to the Mayor of the City of Soutlt Bend, Indiana JuLT24, 20 01 City Clerk President of Common Council Ciry Clerk Approved and signed by me JULY 24, 2001 ORDINANCE NO . ` Z I ~ ~O' AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 346 NORTH IRONWOOD DRIVE, IN THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 4990-68, KNOWN AS THE ZONING ORDINANCE OF THE SAME HEREBY IS AMENDED IN ORDER THAT TH DESCRIBED REAL ESTATE IN THE CITY OF INDIANA: AS AMENDED, WHICH ORDINANCE IS COMMONLY CITY OF SOUTH BEND, INDIANA, BE AND THE E ZONING CLASSIFICATION OF THE FOLLOWING SOUTH BEND, ST. JOSEPH COUNTY, STATE OF PARCEL I. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 18 OF THE PLAT OF "COQUILLARD WOODS ADDITION" TO THE CITY OF SOUTH BEND, AS RECORDED IN PLAT BOOK # 12, ON PAGES # 114 AND # 115 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE. CONTAINING 0.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO BEING KNOWN AS 346 NORTH IRONWOOD DRIVE, SOUTH BEND, INDIANA 46615) BE AND THE SAME IS HEREBY ESTABLISHED AS "O" OFFICE DISTRICT. SECTION II. 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 T MMON COUNCIL 1st READWG ~ `Z s~ ~ ~ PUBLIC HEARING 7-Z3"0~ ~3 rd READING ', - L3'a~ NOT APPf~VID ZS\p1 REFERRED ~'Q - ~'~ PASSED -~ _ i3-off Filed in Clerk's ©ffice J ~ ~ ~ ~ ?.009 LOAPTTA J. DUDA CITY CLEAR. >~i0. R1~td'D~ It~3~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 53-01 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 346 NORTH IRONWOOD DRIVE, 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. Andrew Udj ak Chairman Date Filed: Application No. ~Ob -~ °~ 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 at: 346 N. Ironwood Drive, South Bend, Indiana 46615 2) Name and address of property owner(s) of the petition site: Nagi Elia Helene Elia 1811 McKinley South Bend, IN 46617 Phone Number: 219-233-3038 3) Name and address of contingent purchaser(s), if applicable, Cressy and Everett, Inc. 332 N. Ironwood Drive South Bend, IN 46615 Phone Number: 219-287-4600 4) It is desired and requested that this property be rezoned: from "A" Residential "a" Height and Area to "O" Oif ce Not Applicable Height and Area 5) This rezoning is requested to allow the following use(s): Office Building 6) Attached is a copy of (a) legal description, (b) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 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 the 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 zonine classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. f~~J~-~ PETITION PREPARED BY: Richard A. Nussbaum, II 5`~ Floor -Plaza Building 210 S. Michigan Street Post Office Box 300 South Bend, Indiana 46624 Telephone: (219) 234-3000 ce~rezoning Richard A. Nussbaum, II As Authorized Representative of Nagi Elia and Helene Elia, Owners of 345 N. Ironwood Drive, South Bend, IN 46615 Signature(s) of All Property Owner(s) or Attorney for all property Owners(s) CONTACT PERSON: (If different) Richard A. Nussbaum, II 5~' Floor -Plaza Building 210 S. Michigan Street Post Office Box 300 South Bend, Indiana 46624 Phone: 219-234-3000 or Steven R. Deane Cressy and Everett, Inc. 332 N. Ironwood Drive South Bend, IN 46615 Phone: 219-287-4600 ext. 7 ~'l~0°~ i~ ~~~1`~a'S ~~i~~~ .~~~_ ~ ~ ~~Q~ LQ~{ T7~ J. a~;L?~ CITY CLERY, :;SD. E3EPi~, !~'!, LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 18 OF THE PLAT OF "COQUILLARD WOODS ADDITION" TO THE CITY OF SOUTH BEND, AS RECORDED IN PLAT BOOK # 12 ON PAGES # 114 AND # 115 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed in Ci~r~~'~ ~~~i~~ ~i~~~ ~ ~ 20Q1 LOR~T7AJ. BUCA List of Property Owners within 300 ft. of site Lawrence H. Varda Cressy and Everett, Inc. Barbara J. Varda 332 N. Ironwood Dr. 2121 E. Madison South Bend, IN 46615 South Bend, 1N 46617 Susan M. Ushela Armand Murat 2208 E. Madison St. 11219 Anderson Road South Bend, IN 46615 Granger, IN 46530 John C. Ward Eugene L. Harmon Deborah S. Wright Rose Vanderwalle 2205 E. Madison St. Sharon K. Harmon 2106 Madison South Bend, IN 46615 1949 Whitney Way South Bend, IN 46617 Clearwater, FL 34620 Thomas J. McGovern Eugene L. Harmon Paul G. Crowley Sally E. McGovern Sharon K. Harmon 1428 E. Colfax 414 N. Ironwood Dr. 1949 Whitney Way South Bend, IN 46617 South Bend, 1N 46615 Clearwater, FL 34620 Catherine M. Lacugna Donald J. Glore First Bank and Trust Patricia M. Hackett Norma M. Glore Trustee Dominic Simeri Trust 2215 E. Madison 2303 Club Dr. 133 S. Main St. South Bend, IN 46615 South Bend, IN 46615 South Bend, 1N 46601 Dominic Simeri Jeffrey Hill Gregory V. Wulle Genevieve Simeri 2233 E. Madison 2309 Club Drive First Source Bank Trust Dept. South Bend, IN 46615 South Bend, IN 46615 P.O. Box #1602 South Bend, IN 46634 Dow Goodrich Marathon Ashland Petroleum LLC Stanley Wujcikowski 2239 E. Madison St. ~ 539 S. Main St. Pearl Wujcikowski South Bend, IN 46615 Findlay, OH 45840 2105 E. McKinley Ave. South Bend, IN 46617 John Banks Pauline M. Myers Gregory W. Miller Sandra Banks 2108 McKinley Mary Ellen Miller 2245 E. Madison 1N 46617 South Bend 2105 E. Madison South Bend, IN 46615 , South Bend, 1N 46617 John Banks Rawson H. Murdock Nagi Elia Sandra Banks Christine A. Murdock Helene Elia 2245 E. Madison 411 N. Ironwood Dr. 1811 McKinley South Bend, IN 46615 South Bend, IN 46615 South Bend, IN 46617 ~~led in CIO~B®'~ ~~~~ee John Banks , Lawrence H. Varda Sandra Banks t Barbara J. Varda ja~ ~ ` ~~~~ 2245 E. Madison 2121 E. Madison St. ~ ~ South Bend, IN 46615 South Bend, IN 46617 ~aa~rrA ~. auo~ CrlYCLC•R~ SC. O~ND~ 03+ Area Plan Commission of St. Joseph County '' ~ 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 July 18, 2001 Fax 219 235-9813 The Honorable Common Council ~'~ ~ ~ ~ N `~ ~ ~ ~ ~ 0 City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Nagi and Helen ~tia to zone from "A" Residential, "A" Height and Area to "O" Office, property located at 346 N. Ironwood Drive, City of South Bend - APC #2085-01 Dear Council Members: The above referenced ordinance and site development plan of Nagi and Helen Elia was legally advertised on July 5, 2001. The Area Plan Commission at its public hearing on July 17, 2001, took the following action: Upon a motion by John DeLee, being seconded by Willie Morgan and unanimously carried, the proposed ordinance and site development plan of Nagi and Helen Elia to zone from "A" Residential, "A" Height and Area to "O" Office, property located at 346 N. Ironwood Drive, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The proposed "O" Office zoning would act as a buffer between the residential area to the north and the commercially zoned areas to the south of the subject property. It is the Commission's opinion that this use is appropriate for the existing structure and compatible with surrounding land uses. 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, /[~e~~ ~ . hn W. Byorn RSJ: sr Attachment CC: Nagi and Helen Elia CC: Cressy and Everett, Inc. CC: Richard Nussbaum Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT July 9, 2001 Nagi and Helen Elia 2085-01 Location: 346 N. Ironwood Drive City of South Bend REQUESTED ACTION: EXISTING LAND USE: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area to "O" Office to allow an office use. The property currently contains a single-family home. SURROUNDING LAND USE AND ZONING: Located to the north and east are single-family homes zoned "A" Residential, "A" height and area; to the south is a commercial business zoned "C-1" Commercial; and to the west is a single-family home zoned "A" Residential, "A" height and area. ACCESS• Access to the site is from Ironwood Drive. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 8,910 square feet. Of that, the buildings will occupy 1,606 square feet, or 18 percent of the site; the parking and drives will occupy 3,203 square feet, or 36 percent of the site; and 4,101 square feet or 46 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or environmental hazard areas are present. SITE PLAN• The site plan is preliminary. AGENCY COMMENTS• The City Engineer has recommended that this rezoning petition not be approved for the following reasons: (1) The proposed rezoning will require variances for setbacks and screening from the "O" Office requirements; (2) It creates a second "commercial" drive within 250' of a busy intersection. 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 which shows no access from Ironwood Drive and includes a recorded easement permitting a shared access drive with the commercial business to the south. The proposed "0" Office zoning would act as a buffer between the residential area to the north and the commercially zoned areas to the south of the subject property. It is the staff's opinion that this use is appropriate '~An~~ =wee 'o ~ omm _~~ ~ly ~ X30 ~o33~m Q ~~m~ZZ z =~~~~~ a ~~-aa ~ ~o ~~~ ~ mz a .~ N ~ COQU 0 ~ O = z ~ z m ~ A v ~ ~ .~o -03 ~I p a ~ -.Q nom N~~ z ~~ z z ~ ~! - ~ a a S ~ m a - ~~ _ g N z .~ ~ ~ ~ ~ a o ~ 8+ r--~--~ ~~~ ~~~ C~~ o 3 ~ r ~o i ' - ,, ~ ~~ ~r-T ~~~~ ~~ ~~ it-~_ n ~ ~~ i ~~ .- __ , o0 -- a ~ \~ . rn °v ~~~~ ~~ ~ k~~ 'v J ~ ~. L ~z a ~o C 0 DR. 'UXEDO n un. ~~