The URL can be used to link to this page

Home My WebLink AboutRezoning - 231 East Ireland Road ORDINANCE No. 9113-00 Passed by the Common Council of the City of South Bend, Indiana June 12, Attest: Attest: _ _ - _~~ Presented by me to the Mayor of the City of South Bend, Indiana June 13. 2000 City Clerk President of Common Council Ciry Clerk Approved and signed by me ~ U~ l 3 20 ~~ 00 20 / Acting Mayrn' ORDINANCE NO. ~ ~ ~ ~ ~ o~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 231 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: LOT NUMBERED ONE HUNDRED SIXTY-FIVE (165) AS SHOWN ON THE RECORDED PLAT OF MYERS AND FUNK'S THIRD PLAT OF CHIPPEWA HEIGHTS ADDITION TO THE CITY OF SOUTH BEND, IN ST. JOSEPH COUNTY, INDIANA. 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 Common ou cil 16-OG t st READING y ~~ ~ u ~~ s~-~~~ a ~ PUBLIC HEARING C -~ L-p0 QS ~Y''` n ~ 3 rd READING 6 _~L-oQ 0.~ (~w.o~~ h~ Sc.~`'1~~0~ NOT APPRO.VflJ REFERRED ~. P, ~- I ~-00 b ~ ~~~`~~~ PASSEa (~ -1 L-00 Q s q tmo~,~ 1 APR 2 ~ 20QQ L® ~:T7s J. II~Dy. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 36-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 231 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 ' Revised 1/92 Date Filed OQ.04-2000 Application No. Data received by the areaPlan Commission I we) the uadetai~ed make apQiica~iea to the Common Cecil of the City of South Head, Indiana to ~ ucstcd. amend thg zoning ~o~anca~aa herein rtq 1) The property sought to be rGtoaed is located at: 231 Fast ~claad Road 2) Name and address of property owner (s) of the petition sift: . Elmer Crraber ' 51453 Lau=el Read, South Bend ~ ~tb63? ~ . Phone: 2I9 - 272 - 5052 a s livable: 3) Name and address of contingent ptucbas (), if ~A. Name N/A Full Address sad Phone Number 4) Iris desired sad zequtattd that this property be rezoned ¢pm "A" Residential, "~', flei$htandAtGa tp "C" Commercial, "A',,,,,, ~ClghtaildArCB 5) This rezoning is rccluested to allow rho following use (s): • The ~ part of property is zoned commercial and the scar portion is zoned residential. Taco Bell ctiu'tmtly operates as the cammeretak zoned porLioa and is requesting to rezone the rear . portion in order to redcvalop the site. . ~ IeQal descri tioYi of the yraa~ (b} a list of siam~ sad addresses of all Attached is a copy of {a) PmP~y owners and t}se tax key numbers fos all PmPertiea within 300 feet of the petition property', sad . ' ~~ six (~ site pleas; and (d) addressed, stamped envelopes for all property owners withiA 300 fezt of she petition property. ?) By signing this petition, I and any coating~t P~ nnderstaad that if the councn approves this e$ eat m the submittal of a final rite plan: a final site plea moat petition to rezone, it may be apptov aubj ear of rho Cotuicil's action be submitted to ins approved by ltu Area Play Comraiasioa within one (1} y In s~ddition, a building permit must be isaucd for the sine ladiaated on the petition within ono yeas' following the approval of the final site plan. Failure to submit a final site plan or obtain a binding permit within, the specified time period, causes the 2os~ of the petitioned ps'op~ ~ ~"~ to ~ • •t' zo • a a, ' Under certain coaditione, a time extension on the submittal of the fina1T ' ' , slupiantnsyberequested. irEi~t~ yrs i;~~?~'`°~ ~ ~~~i'^ PETITION PREPARP.D BY: ~ OWNER: • Elmer Grater APB 2 7 2~~0 ,. ,Angie Wells, P.E., GPD Aasoasus 51453 I:zivrcl ad .~,..,. 520 South Mara Street, Suite 2531 South Band, IN ~o ; Vrr, , c~u~ ~. . Akron, 023 44311 4b63~r;.~~~~r e,,~-~.~, sx gyp., 21 212 - SOS ___ _ (33 ) 572-2100 { . ~ . Sigt store $1~~ .. ~ s3! yz~ossa aa~ w~sv :sm eg. ~ ~~ . ~ . Area Plan Commission of St. Joseph County ~ ~ .. 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 May 17, 2000 ~ _ ~ ~ -- Q The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Elmer Graben to zone from "A" Residential, "A" Hei,~ht and Area and "C' Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 231 E. Ireland Road, City of South Bend - APC #1983-00 Dear Council Members: The above referenced ordinance and site development plan of Elmer Graben was legally advertised May 6: 2000. The Area Plan Commission at its public hearing on May 16, 2000, took the following action: Upon a motion b~ Willie Moran, being seconded by Robert Hawley and unanimously carried, the proposed ordinance and site development pplan of Ehnen Graben to zone from "A' Residential, "A" Height and Area and "C" Commercial, "A" Hei ht and Area to "C" Commercial, "A" Height and Area, property located at 231 E. Ireland Road, ~ity of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This lot is currently split between residential and commercial zoning. All of the other lots along the north side of this portion of Ireland are zoned commercially to the north lot line. The approval of this petition would extend the commercial zoning line on this property to match all of the surrounding properties. 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. S' erely, ~ w obert W. Sante RWS:sr Attachment CC: Elmer Graben CC: Angie Wells, P.E., GPD Associates ~'1!~~~ ~~ ~~~s~t°~ ~~~10~ ~'"i~:~`' ~ ~ 2000 LOnY7Tia J. Q1it).~ Ci3Y CL~6i'. , ~J. D°t3~, ii1. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT May 8, 2000 Elmer Graber 1983-00 Location: 231 E. Ireland Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change ht and Area, and "A" Hei g from "A" Residential, "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area to allow the expansion of a fast food restaurant. EXISTING LAND USE: The property currently contains a Taco Bell restaurant. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes zoned "A" Residential, "A" Height & Area; to the east, west and south are commercial uses zoned "C" Commercial, "A" Height & Area. Access to the site is from Ireland Road. ACCESS: WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. The drainage has not been addressed by the DRAINAGE: petitioner. The total site to be rezoned is 40,964 square SITE DATA: feet. Of that, the buildings will occupy 2,650 square feet, or 6 percent of the site; the parking and drives will occupy 26,920 square feet, or 66 percent of the site; and 11,394 square feet or 28 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. The site plan is preliminary. SITE PLAN: AGENCY COMMENTS: PRELIMINARY Based on information available prior to the STAFF RECOMMENDATION: public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site plan. This lot is currently split between residential and commercial zoning. All of the other lots along the north side of this portion of Ireland are zoned commercially to the north lot line. The approval of this petition would extend the commercial zoning line on this property to match all of the surrounding properties. t ~~~~~ ~ ~ 20Q0 t ~c;~ras, cu~a GITYG2s'i6<:;,^^v.L''t:rJ,F.3, _. . sT11 N 1 I _a -----~- WsI TFR ST. ------- - WALTER ------- IRELAND Q Z a r rloov,:R sr. a -- ~ ,~ 'a I I I I ~ PETI ON EA I 1 I NORMAN ST• /![ v ~ ~ I , ' I 'O ~ I" ® ~ ~ ~ ~ s a U ~.~ I I N ~ I I (~ I ® I ® I ~,~ I mrmw I I H I I H I _1_J ~ I _ _~--~- -- I I I _ -J , I I I I I sT. CALLANDER I I I I I _ I U -ai ~~~ FEZ^NING FROM: 'A' RESIDENTIAL & 'C' COMMERCIAL, 'A' HEIGH I & AKEA, T^: 'C' C^MMERCIAL, 'A' HEIGHT & AREA ~ j S^UTH BEND EXISTING Z^NING PETITI^N AREA ® 1 V 'A' RESIDENTIAL D 'B' RESIDENTIAL O APC # 1983-00 'C' C^MMERCIAL O a eau eau eoa 'C-1' C^MMERCIAL D `~ u _ ' 'C-2' C^MMERCIAL D s~ne___.~_-N ` ~~, w a r,q+,~r 'D' LIGHT INDUSTRIAL O ~~~"~ ~~~ ~~'~~~ ~ ~I°~`'~ ~~~~~` I ~I ~~Q~ k LC ~~'1's'aJ. t11l~+i ST. ' ~ ~ -- ~' - - - - IRELM7~ Ro.