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Home My WebLink Aboutbill 28-15 amend zoning at 742 e ireland rdORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 742 EAST IRELAND ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM LB LOCAL BUSINESS DISTRICT TO CB COMMUNITY BUSINESS DISTRICT TO ALLOW FOR A FINANCIAL INSTITUTION WITHAN OFF - PREMISE SIGN. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, 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: THAT PART OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OR IRELAND ROAD WITH THE WEST RIGHT -OF -WAY LINE OF HIGH STREET; THENCE ALONG THE WEST RIGHT -OF -WAY LINE OF HIGH STREET, S. 00°- 24' -13 " E. A DISTANCE OF 277.00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF HAWBAKER STREET, THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, S. 88 °- 16' -16" W. A DISTANCE OF 111.03 FEET MORE OR LESS; THENCE N. 01 ° -35 ' -50 " W. A DISTANCE OF 276.91 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF IRELAND ROAD, THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, N. 88 °- 15' -42" E. A DISTANCE OF 116.64 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.72 ACRES MORE OR LESS. be and the same is hereby established as CB Community Business 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 the Common Council 2 Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock m. City Clerk Approved and signed by me on the day of 20 , at o'clock m. Mayor of the City of South Bend, Indiana 1 ii READING "moo r PUBLIC NEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed P- - -74f1 CYffce Z 015 CITY C L E #I ., 8O'i 'k` JEND, IN PETITION FOR A COMBINED HEARING CityofSouth Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 742 East Ireland Road, South Bend, Indiana 46614. 2) The property Tax Key Number(s) is /are: Key 91: 23 -1035 -1797 3) Name and address of property owner(s) of the petition site: Mishawaka Federal Bank (a. k. a. Mutual Bank) 110 East Charles Street Muncie, Indiana 47305 574- 273 -7601 E -Mail Address: chuck. viater @bankwithmutual. com 4) Name and address of contingent purchaser(s), if applicable: N/A E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: LB Local Business District To: CB Community Business District 6) This rezoning is requested to allow the following use(s): Financial Institution with an Off - premise sign. If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners have owned the real estate shown on the attached site plan for the past several years. The Petitioners were contacted by the City of South Bend to inquire if it was possible to help them with plans for the improvements of the intersection of Ireland Road and High Street. Ireland Road was proposed to be widened at the intersection to allow for a left -turn lane for westbound traffic onto High Street and for a right -turn lane for eastbound traffic to turn onto High Street. As part of those plans the City desired to remove an existing free - standing sign that was located in the right -of -way of High Street. This sign was an identification sign for the Erskine Plaza including the retail stores within the integrated center. The sign has existed in the right -of -way for the past few decades since the plaza was developed and built. To allow for maximum safety at the intersection, the City desires to remove the existing free - standing sign and place a new free - standing sign for the plaza on private property outside of the public right -of -way. The City had contacted the owner to the east, but that owner declined to allow for the sign to be placed on their property. The Petitioners agreed to help the City by allowing for a new free - standing sign to be placed on their property, as long as it did not interfere with their existing sign. As shown on the attached site plan, a location was agreed to for the new sign that placed it along the right -of -way for High Street east of the existing parking bay. This location allowed for visibility from both directions on Ireland Road and does not interfere with the existing bank sign. This location would also allow for a portion of the bank property to be acquired by the City for the proposed improvements for the above described right -turn lane. The City's representatives had discussions with the staffs of the Area Plan Commission and the Building Department. Based on those discussions it was determined that in order to place the new sign as proposed on the Petitioners property, that property would require a rezoning from the present classification of LB Local Business District to the CB Community Business District. This was needed as an "Off- Premise Sign" cannot be located on a property zoned LB Local Business. Also, as part of the rezoning process, a few variances would be needed to place the sign as shown in relation to Public right -of -ways, existing residential zoning districts and uses and flexibility in landscaping. These variances are required, due to the fact that when a property is rezoned it must also be brought up to that Districts' development standards as they relate to any proposed improvements. More specifically the following variances are being requested: A). From the required landscaping of required perimeter yards and residential bufferyards to landscaping as shown on the site plan. The Petitioners are asking not to be required to place perimeter landscaping consisting of over -story trees placed at a maximum spacing of 40 ft. on- center along all property lines. They would ask to be allowed to use the existing landscaping to meet the intent of the ordinance as they are not doing any improvements to their property other than allowing for an Off - Premise sign to be placed as shown. Approval of this variance should not have an adverse impact on surrounding properties. B). From the required 30 ft. Front Yard setback for Off - Premise signs to a minimum of 5 ft. along Ireland Road front yard setback and to a minimum of 14 ft. along the High Street front yard setback. The proposed sign location sets it back further along Ireland Road than the present sign and takes into account the right - of -way proposed to be taken for street improvements. The request for the setback off of High Street is due to the fact the property is on a corner which requires an additional front yard setback. Being placed 14 ft. off the right -of -way will allow the sign to meet all sight safety distances. Approval of this variance should not have a negative impact on adjacent properties. Q. From the required Separation from Certain Districts and uses. The Petitioners are requesting a variance from the minimum separation of 200 feet the proposed Off - Premise sign to a minimum of 55 feet to the closest residential district on the north side of Ireland Road. The centerline of Ireland Road separates the commercial district from the residential district to the north which contains the Erskine Golf Course and may also be considered a public park. The existing sign was located slightly closer than the 55 feet. Approval of this variance should not adversely affect the surrounding properties. D). From the maximum allowed Number of Displays for Off - Premise signs of two (2) displays or messages per sign surface to a maximum of eleven (11) displays as shown. The Petitioners are requesting a variance to be allowed to have a maximum of eleven display areas for proposed Off - Premise sign. The existing sign has eleven display areas and the owners of the Erskine Plaza desire to keep that same number. The proposed sign is lower in height than the existing sign by approximately 7 feet, 35.25 ft. vs. 28.25 ft. and the sign area of the proposed sign is approximately 50 square feet smaller in size than the existing sign 235.4 sq.ft. vs. 185.50 sq.ft. The Erskine Plaza owners would ask to be allowed to have the proposed Off - Premise sign as shown as exposure to traffic along Ireland Road is important for the integrated center. The smaller tenants within the center rely on the signage to direct traffic to their businesses. When they signed the leases for the center, they signed those leases based on location and sign exposure to two of the City's major traffic arterials. The Erskine Plaza owners and the smaller tenants believe that removal of 50% of their sign exposure could have an adverse impact on their ability to remain successful at the Erskine Plaza location. They do not believe approving a variance to allow for a smaller sign, which provides sign exposure to Ireland Road, would have a detrimental effect on surrounding properties. A statement on how each of the following standards for the granting of Variances is met: The Petitioners, the City and owners of Erskine Plaza would state that approval of the requested variances will allow for the City to improve an existing intersection which leads to one of the City's original integrated centers. It will increase safety for vehicles using the intersection by allowing for removal and placement of an Off - Premise sign onto private property. The approval will also allow for an established commercial center to maintain exposure along a major City arterial and continue to direct patrons to the center's many tenants from Ireland Road. The Petitioners, the City and owners of Erskine Plaza would state that the approval of the above requested Variances will not be injurious to the public health, safety, morals and general welfare of the community. As envisioned, the proposed intersection improvements will provide for increased safety on two public streets. This will increase the public health, safety, morals and general welfare of the community. The Petitioners, the City and Erskine Plaza owners would also state that the use and value of the area adjacent to the property included in the Variances will not be affected in a substantially adverse manner. The proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. The Petitioners, the City and Erskine Plaza owners would state that the strict application of the terms of this Ordinance would result in practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any proposed improvements very restricted and create a situation where owners could see a negative impact to their property. 9). If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. The Petitioners have supplied a site plan to help show the proposed improvements and reflect the Requested Variances. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: N/A 11) A statement on how each of the following standards for the granting of a Special Exception is met: N/A 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) 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) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Signature(s) of All Property owner(s), or signature of Attorney for all property owner(s): Name: Scot . Taylor —Vice President egional Manager —St. Joseph County 4100 Edison Lakes Parkway, Suite 300 Mishawaka, Indiana 46545 574- 273 -7652 E -Mail Address: scott.taylor @bankwithmutual.com PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574- 234 -4003 mdanch@danchharner, com Filed in Clarks Office [:v i 2015 h vF CITY CLERK, SOUTH SEND, IN LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT -OF -WAY LINE OR IRELAND ROAD WITH THE WEST RIGHT -OF -WAY LINE OF HIGH STREET; THENCE ALONG THE WEST RIGHT -OF -WAY LINE OF HIGH STREET, S. 00 °- 24' -13 " E. A DISTANCE OF 2 77. 00 FEET TO THE NORTH RIGHT -OF -WAY LINE OF HAWBAKER STREET, THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, S. 88°- 16' -16" W. A DISTANCE OF 111.03 FEET MORE OR LESS; THENCE N. 01°-35'-50 " W. A DISTANCE OF 276.91 FEET MORE OR LESS TO THE SOUTH RIGHT -OF -WAY LINE OF IRELAND ROAD; THENCE ALONG SAID NORTH RIGHT -OF -WAY LINE, N. 88 °- 15'42" E. A DISTANCE OF 116.64 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.72 ACRES MORE OR LESS. L�v#�� P I 1 3 2015 S H BEND, IN --. ,w:,,., Centre Twp Ireland Road Cemetery 60250 St.Joseph St South Bend, IN. 46614 Tax Key # 023 1035 1794 National Credit Corp of Eastern MI 7091 Orchard Lake Rd. Ste. 300 West Bloomfield, MI. 48322 Tax Key # 023 1007 051106 Terry & Sarah Brady 713 Hawbaker St South Bend, IN. 46614 Tax Key # 023 1035 1795 Arthur Gray PO Box 2673 South Bend, IN. 46680 Tax Key # 023 1035 1801 City of South Bend 1200 County City Bldg South Bend, IN. 46601 Tax Key # 023 1035 1798 City of South Bend Erskine Golf Course County City Building South Bend, IN. 46601 Tax Key # 018 7164 5777 Property Owners Within 300 Feet Cocquyt & Boone Properties LLC 734 E Ireland Rd South Bend, IN. 46614 Tax Key # 023 1035 1796 Mordechai Aharon 106 N Main St Mishawaka, IN. 46544 Tax Key # 023 1007 051105 Lester Sumrall Evang Assoc. Inc. 530 East Ireland Rd South Bend, IN. 46614 Tax Key # 023 1035 179501 Judith Callahan & Patrick Keszei 52226 Surrey Trace Granger, IN 46530 Tax Key # 023 1035 1800 Illiana Realty LLC 200 N Everest Grove Pkwy Watseka, IL. 60970 Tax Key # 023 1035 180601 Mishawaka Federal Bank 110 E Charles St Muncie, IN. 47305 Tax Key # 023 1035 1797 Lester Sumrall Evang Assoc. Inc. 530 East Ireland Rd South Bend, IN. 46614 Tax Key # 023 1035 180903 City of South Bend Board of Public Works County City Building South Bend, IN. 46601 Tax Key # 023 1007 051107 Terrance & Debra Wruble 736 Hawbaker St South Bend, IN. 46614 Tax Key # 023 1035 1799 Mordechai Aharon 106 N Main St Mishawaka, IN. 46544 Tax Key # 023 1007 051009 Filed in C�arg,s Office JUN: - 3 201 10wii - �) a ... ,. CITY CLERK, SOUTH i,4ENVs IN �