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Home My WebLink AboutRezoning - 311 East Ireland RoadORDINANCE No. 8810-97 Passed by the Common Council of the City of South Bend, Indiana, JuIY 28, 19 97 Attest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana July 29, 19 President of Common Council 97 City Clerk Approved and signed by me July 29, 19 97 Mayor .. ; ORDINANCE NO . U U D _ / AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 311 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: Lots Numbered One Hundred Sixty-Six (166) and One Hundred Sixty-Seven (167) 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 District "C" Height and Area. SECTION II: This ordinance shall be in full force and effect from and after its passage by the Common Council, approved by the Mayor and legal publication. ll Member of the Common Council Pep.Ordinance 1st READING ,j~ ~~~ 9 7 PUBLiC NEARING ~-~ g- q 7 3 rd READING ~ - 2 ~~~ NOT APPROVED REFERRED -7 n G -~,~ PA55ED ~ ~~-~ / AS J~J~T~TZ-~iL.[J Filed in Clerly'~ Office Lo~~-rrn ~. DvD.~ CRY CLE'R(, :t0, DEt:D, IFa. Date F'led' Application No. • ~- Date received by the Area Plan Commission PETITION TO REZONE I, the undersigned, make application and petition to the Common Council of the City of South Bend, to amend the zoning ordinance as herein requested. {1) The property sought to be rezoned is located at: 311 East Ireland Road South Bend, Indiana 46614 (2) Name and address of property owners of the petitioned site: Eugene J. McGarvey, Jr. Keith E. Vial Fell, McGarvey, Trauring & Wilson 14502 Ashgrove Place 515 West Sycamore Louisville, KY 40245 Kokomo, IN 46901 Telephone: 317-457-9321 Telephone: 502-254-1122 (3) Name and address of contingent purchaser: Pep Boys c/o Kelly Kilboy Architectural Project Manager 2610 West North Avenue Melrose Park, IL 60160 708 450 1301 (4) It is desired and requested that this property be rezoned . from "C-2" Planned Shopping Center District "C" Height and Area to "C" Commercial District "C" Height and Area. (5) This rezoning is requested to allow the following uses: Permit Pep Boys to construct a facility for the purpose of providing professional automobile retail sales and service. (6) Attached is a copy of (a) legal description of the property; (b) a list of names and addresses of all property owners 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 (1) 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 zoninq_classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. /J~~'~ ~_ M. Z (#1468-71) 52582 US 31 North South Bend, Indiana 46637 Telephone: 219-277-8720 Attorney for Property Owners and Contingent Purchasers ""~' ~ a ~-- i~irt epared by: ANTHONY M. ZAPPIA (#1468-71) Filed in Cier~~`~ '~~fi~e ATTORNEY AT LAW 52582 US 31 North South Bend, Indiana 46637 t~AY 2 ~ 1997 Telephone: 219-277-8720 Pe .Petition LORETTA J. DUDA GfTY CLEAK, 30. DEND, tTl. ,, COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee to whom was referred BILL NO. 41-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 311 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 sent to the Council with a favorable recommendation, as substituted Sean Coleman Chairman ;~ " - ,~ .. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, {ndiana 46601 J Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 June 19, 1997 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 nu ~ ~0 1i I-`11 RE: A proposed ordinance and site development plan of Eugene J. McGarvey, Jr., and Keith E. Vial to zone from "C-2" Planned Shopping Center, "C" Height and Area to "C" Commercial, "C" Height and Area, property located at 311 East Ireland Road, City of South Bend - APC #1774-97 Dear Council Members: The above referenced ordinance and site development plan of Eugene J. McGarvey, Jr., and Keith E. Vial was legally advertised June 5, 1997. The Area Plan Commission at its public hearing on June 17, 1997, took the following action: Upon a motion by Joseph Serge, being seconded by Charles Rogers and unanimously carried, the proposed ordinance and site development plan of Eugene J. McGarvey, Jr., and Keith E. Vial to zone from "C-2" Planned Shopping Center, "C" Height and Area to "C" Commercial, "C" Height and Area, property located at 311 East Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. The site is bordered by "C" Commercial zoning to the east, west, and south across Ireland Road. The proposed use would not be out of character with the surrounding area. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a height and area designation different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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, o t W. RWS:sr Attachment CC: Eugene J. McGarvey, Jr., and Keith E. Vial CC: Pep Boys CC: Anthony M. Zappia, Attorney at Law Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT June 9, 1997 Eugene J. McGarvev, Jr., and Keith E. Vial 1774-97 Location: 311 East Ireland Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C-2" Planned Shopping Center, "C" Height and Area to "C" Commercial, "C" Height and Area to allow automobile part retail sales and services. EXISTING LAND USE: The property contains a restaurant building. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes and vacant land zoned "A" Residential, "A" Height and Area; to the east are commercial properties zoned "C" and "C-2" Commercial, "C" and "E" Height and Area; to the south are commercial properties zoned "C" Commercial, "A" and "D" Height and Area; and to the west are commercial properties zoned "C" and "C-2" Commercial, "A" and "C" Height and Area 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 1.76 acres. Of that, the buildings will occupy 22,317 square feet, or 29 percent of the site; the parking and drives will occupy one acre, or 56 percent of the site; and 11,033 square feet or 15 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: 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. The site is bordered by "C" Commercial zoning to the east, west, and south across Ireland Road. The proposed use would not be out of character with the surrounding area. 1 18 ~ 4 is a t7 f t 1s e: ea WALTER Q°~ 178 174 177 17e 17s tae 1ff i~e 1f7 1fe 1ff ~ . 4 RES. NORMAN ST'~ ~o~ PETI 10 COYYERCtAI ~ AREA _ oowiar~u. \1`\(7\11 t lea ~ `~ ~°~ ° U OFFICE COYYERCW. ~ ~2-rte ~°~ '~"~`~~-IRELAND . ~' n I ~--- ~ a w I to ~ o I ~Q~ ~ I I -" """ ~' _ I a I I~ I I I _ I I p,t1DER ST . c Pi'""I I ~ ST. I ~ 7 -• _ R ~e ~- t7J RES. ~ a 1 I1 17t e RES. RES. ~ 4 ( ~1 REST RES. RES_ a, o ~~~ ~_ iao 170 ~ f tee aR~.. - YERCUL ~ 1 R RD. a, J/^~COMYERC{At. ~.J E_ . 1 10 2 1e p a 1. ~ 3 4 +~ o J J e ta.t 1s ~ ao REZONING FROM: "C-2" COMMERCIAL, "C" HEIGHT & AREA 70: "C" COMMERCIAL, "C" HEIGHT & AREA PET1T10N AREA OS UTH BEND ZONING "A" RESIDENTIAL ~~ "B" RESIDENTIAL "C" COMMERCIAL D "C-2" COMMERCIAL O N APC #1774-97 0 100 200 400 ~leee^i ~ Graphic Scale