HomeMy WebLinkAboutRezoning 1904 & 1906 East IrelandORDINANCE No. s,^300
Passed by the Common Council of the Ciry of South Bend, Indiana
October 9, 00
20
Attest:
Attest:
Ciry Clerk
Presented by me to the Mayor of the City of Soaith Bend, Indiana
October 10. 20 00
President of Common Coicncil
Ciry Clerk
Approved and signed by me October 11. 20 00
,~-, ~ Mme'
ORDINANCE NO. ~'I 1 ~ ~ _0
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 1904 & 1906 EAST IRELAND ROAD 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, 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:
PARCEL I. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37
NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH,
COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST &
WEST QUARTER LINE OF SAID SECTION 30 AND THE CENTERLINE OF IRELAND ROAD
WHICH TS S. 90° -00'-00" W., 941.56 FT. MORE OR LESS FROM THE EAST QUARTER
POST OF SAID SECTION; THENCE S. 00° -00'-00" E., 360.00 FT. MORE OR LESS;
THENCE S. 90°-00'-00" W., 222.50 FT. MORE OR LESS; THENCE N. 00~-00'-
00" W., 360.00 FT. MORE OR LESS TO THE EAST & WEST QUARTER LINE OF SAID
SECTION AND THE CENTERLINE OF IRELAND ROAD; THENCE N. 90~-00'-00" E.
ALONG SAID EAST & WEST QUARTER LINE AND CENTERLINE, 222.50 FT. MORE OR LES5
TO THE POINT OF BEGINNING.
CONTAINING 1.84 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL. "A" HEIGHT & AREA.
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.
Q
MEMBER OF THE MM COUNCIL
1st REAp1NG g-1`(-Od
PUS{.1.0 ~--fAR1NG lOh~00
3 r~ ~ I 0 -~1 ~C~
NOT A~'RfJYED
RfFERRfD /~, P _ ~-1 S -~~
PASSES ~O,el _~p~
~ts~~ !~i Ci~r~'~ ~°~~~~;~
l~nTY~1 J. t3'JE7Sy
CITY Ci~€~~ ~ ~ rJ. FvvrPy,?, !i'd.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
69-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1904 & 1906 EAST IRELAND ROAD 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
LEGAL DESCRIPTION
PARCEL I. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 37
NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH,
COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE EAST &
WEST QUARTER LINE OF SAID SECTION 30 AND THE CENTERLINE OF IRELAND ROAD
WHICH IS S. 90°-00'-00" W., 941.56 FT. MORE OR LESS FROM THE EAST QUARTER
POST OF SAID SECTION; THENCE S. 00°-00'-00" E., 360.00 FT. MORE OR LESS;
THENCE S. 90°-00'-00" W., 222.50 FT. MORE OR LESS; THENCE N. 00°-00'-
00" W., 360.00 FT. MORE OR LESS TO THE EAST & WEST QUARTER LINE OF SAID
SECTION AND THE CENTERLINE OF IRELAND ROAD; THENCE N. 90°-00'-00" E.
ALONG SAID EAST & WEST QUARTER LINE AND CENTERLINE, 222.50 FT. MORE OR LESS
TO THE POINT OF BEGINNING.
CONTAINING 1.84 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
I=t€~~ ~~ ~~~~ i~'~µ~~~~~~
~~4~a 0 ~ Z00(~
CITY CL~€2`r , ~ ~.:~3!y?, !?f.
Aug-02-00 OSz33A Danch, Harney & Assoc.
DATE FILED
DATE RECEIVED BY AREA PLAN COMMISSION
219 234 4119 P_02
APPLICATION NO.
I (WE) THE UNDERSIGNED MAI{E APPLICATION TO THE COI+iMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE A5 HER$IN REQUESTED.
1). THE PROPERTY SOUGHT TO BE REZONED IS LdCATED AT:
1904 & 1906 EAST IRELAND ROAD
SOUTH BEND, INDIANA 46614
2). NAME AND ADDRESS OF PROPERTY OWNER{S) OF THE PETITION SITE:
TOi~iMiE GENE CAMPBELL JAMES & KATHRYN HOLLAND
EXECUTOR OF TAE ESTATE 1905 EAST IRELAND ROAD
OF LILLITH CAMPBELL SOUTH BEND, INDIANA 4663.4
25129 PIN OAK DRIVE PHOtiE NUMBER (219) 273-1900
SOUTH BEND, INDIANA 46514
PHONE NUMBER (219) 2?3-1900
3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE:
N.A.
4). IT IS DESIRED AND REQUESTID THAT THIS PROPERTY BE REZONED
FROM "O" OFFICE DIS~~Q'~'
TO "C'' COMMERCIAL. "A" HEIGHT & A~2EA
5}. THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). RETAIL USE.
6}. ATTACHED IS A COPY OF (A} LEGAL DESCRIPTION OF THE PROPERTY; (B) A LIST OF
NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL
PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; (C) SIX (6} SITE PLANS;
AND (D) ADDRESSED. STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF
THE PETITION PROPERTY.
7}. BY SIGNING THIS PETITION, I AND ANY CONTINGENT PURCHASER UNDERSTAND THAT IF
THE COUNCIL APPROVES THIS PETITION TO REZONE, IT MAY BE APPROVED SU$JECT TO THE
SUBMITTAL OF A FINAL SITE PLAN. A FINAL SITE PLAN MUST BE SUBMITTED TO AHD
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
THB PETITION WITHIN ONE YEAR FOLLOWING THE APPROVAL OF THE FINAL SITE PLAN.
FAILURE TO SUBMIT A FINAL SITE PLAN OR OBTAIN A BUILDING PERMIT WITHiH THE
SPECIFIED TIME PERIOD, CAUSES THE ZONING OF THE PETITIONED PROPERTY TO REV~T
TO THE INITIAL ZONINr CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME
EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED.
SIGNED,
~ r
MMIE GENE ELL - EXECUTOR OF THE ESTATE OF
LILLITH CAMPBELL
PETITIONED PREPARED BY AND CONTACT PERSON:
DANCH, HARMER & ASSOCIATES, INC.
3231 SUGAR MAPLE COURT
SOUTH BEND, INDIANA 46628
PHONE NUMBER (219}-234-4003
gs~v.-~.. ~i~s f.~h~Vdi" 4.~ a tf~f".s~
~~~~ ~ is ~~0~
~~ ~ Danch, F/arner ~ ~I ssociates, Inc.
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
DANIEL W. AKIN, P.E., L.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
Land Surveyors Professional Engineers
Landscape Architects Land Planners
August 8, 2000
RE: Rezoning Petition for Campbell & Holland
at 1904 & 1906 East Ireland Road, South Bend, Indiana:
Dear Council Members:
Our clients are requesting the Rezoning of their property at 1904 &
1906 East Ireland Road, South Bend, Indiana to allow for the
construction of a new Goodwill retail store which will be located west
of Frank's Nursery site on the south side of Ireland Road.
Our clients believe the proposed Goodwill retail store will be a
compliment to other existing commercial facilities located along this
portion of Ireland Road.
If you have any questions concerning this matter, please feel free to
give me a call at 234-6061.
Sincerely,
Michael J. Danch
President
Danch, Harner & Associates, Inc.
File # 000555 Lewp Md Disk # 114
I~lfC= ~ `? 20~i~
L/l~:a.a Yeo ~ ~`~-_
Cam' 4ib):~i':>., e. ~ .~.. _ .
3231 Sugar Maple Court South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103
office 219/234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 once 616/471-3010 ^ Fax 6161471-7237
. ~ Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante John W. Byomi
Executive Director Assistant Director
Phone 219 235-9571 Fax 219 235-9813
September 20, 2000
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
RE: A proposed ordinance and site development pplan of The Estate of Lillith Campbell, et al to
zone from "O" Office to "C" Commercial, "A" Hei ht and Area, property located at 1904 and
1906 E. Ireland Road, City of South Bend - APC #2019-00
Dear Council Members:
The above referenced ordinance and site development plan of Estate of Lillith Campbell, et al was
legally advertised September 7, 2000. The Area Plan Commission at its public hearing on
September 19, 2000, took the following action:
Upon a motion b~ John McNamara, being seconded by Robert Hawleyy ~and unanimously carried,
the propposed ordinance and site developpwent plan of The Estate of Lillith Campbell et al to zone
from "O" Office to "C" Commercial, "A" Height and Area, property located at 190 and 1906 E.
Ireland Road, City of South Bend is sent to the Common Council with a favorable
recommendation, subject to a final site development plan.
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.
Si 1
o e an
RWS:sr
Attachment
CC: Estate of Lillith Campbell, et al
CC: Danch, Hamer & Associates, Inc.
f~E€:.,~ tae ~'(~l~i. ~~~~~
S~~ 2 ~i 2000
LEZ;~~;:J. L.J)::
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
L .a
STAFF REPORT September 11, 2000
Estate of Lillith Campbell, et al 2019-00
Location.: 1904 and 1906 E. Ireland Road
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "O" Office to "C" Commercial, "A" Height
and Area to allow retail use.
EXISTING LAND USE: The property currently contains two single
family homes.
SURROUNDING LAND USE AND ZONING: Located to the north across Ireland Road are
commercial businesses zoned "C" Commercial; to
the west are single family homes zoned "A"
Residential "A" height and area and an office
zoned "O" Office; to east are commercial
businesses zoned "C" Commercial; and to the
south is a church and vacant land zoned "A"
Residential "A" height and area.
ACCESS: Access to the site is from Ireland Road.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site.
DRAINAGE: The drainage has not been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 1.8 acres. Of
that, the buildings will occupy 11,550 square
feet, or 15 percent of the site; the parking
and drives will occupy 1 acre, or 56 percent
of the site; and .5 acres or 29 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 will require a drainage plan
at the final site plan stage.
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 an
unfavorable recommendation. The "O" Office
zoning on this property was established as a
buffer between the commercial uses to the east
and the single family neighborhood to the
west.
.. {
~.
I I °z oe~
~ I I
I
I
- - - - - - - - - - - 1 - - - - - - - - - - -
a
DR Q
Q
CATHERWOOD DR. { O
~~r
I - - - - - - - - - -
~~ ~ I I
~ I I I
I I I
I 1
~pLE DR. I 1 ---1------
1 1 I I I
l I I I I r--1 I
I I I I I I I I
I I I 1 I I I I
~ I ° ~ I I I I--- ~ I L --J
I ~~ ~ I I I I r-,-- II I r'~1---
I ~° I (~k~6 I I I I
~NV.1cE DR --~------ I I I I I I~°~ 1 1 I
I r-~- I I I I ~ ~ II 1
I I 1 I it
I I I ®I I I~~ I 1 I I I ®i /
I I I I I I I I I II oounow I % ~°~
I Imo` Imo` I I I i I I I I I
I I I I I I I I I II I
IRELAND RD.
~ i
® ((~~®
~ DR ~ i ~~ ~ lS °~ ~ ~ ~
~ I o
~ ~ 1
V ~ ~ ~ I PETITI N AREA r- ~---------
I I
~ ~ I ~----~--
~ ~ I
- ------- IAMAR 5T.
~ ~ ----W O
3 I ~ a i -- ---•-
J ~---------- 6- ~ o
Ro. I
S, AMC GREG I I
~ I
U.S 20 BYPASS I
US ~
/~ 8yp'~S ~
~ ~ V
~~
~i -
GREENODIC $T. BAORA p1 ~
P ~ ~ !
o
REZONING FR^MI '^' ^FFICE
T^1 'C' C^MMERCIAL, 'A' HEIGHT & AREA n i
S^UTH BEND EXISTING ZONING PETITI^N AREA ® 1 ~
'A' RESIDENTIAL ~-~ APC # 2019-00
'A-2' RES,CPLANNED DEV,) D
'B' RESIDENTIAL O ~ ~ ~0° 80°
'C' C^MMERCIAL O a~s~
'C-1' C^MMERCIALCLIMITED) O
'^' ^FFICE D
ST J^SEPH C^UNTY EXISTING Z^NING
'R' RRCTTIRNTTAI f