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Home My WebLink About9974-09 Rezoning - 109 Garst Street - District 6ORDINANCE No. ss~<~s Passed by the Common Council of the Ciry of South Bend, Indiana November 9, 2~9 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana November 10, 09 20 _ JOHN Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me November 10 , 20 02 JOHN ~u~-t~ - - Mir ORDINANCE NO. ~ `.I'o~l AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 GARST STREET, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To continue use of the mechanical contracting and engineering services zoning fro LB Local Business District to LI Light Industrial District. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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 2 as shown on the recorded plat of Weaver's Garst Street Minor Subdivision in the Office. of the Recorder of St. Joseph County, Indiana as Instrument No. 9853563. be and the same is hereby established as LI Light Industrial 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 Attes . Cle k Presented by me to the Mayor of the City of South Bend, Indiana on the l.oa~ day of -Jtw~w.l~,,- , 2c?o~, at 1,11 o'clock ~_. m. 1~c,~-~ I 'ty Clerk Approved/) and 2~ ,at / ~" ,~i signed by me on the ~ day of /~r"'~"" ~~-; o'clock a . m. Mayor, City outh Bend, Indiana nn ~~ 1 st READING "t " ~ PUBLIC HEARING ~~, ~~ .O~ 3rd READING ~~-~~~~ NOT APPROVEfli REFERRED /3•~~ ~'~~~~ PASSED ~~.'.~.-'~~Oy Filed In Cle~~~'~ Cfilice SEP - 1 2009 JONFJ VOORDE CITY CLER'rC, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 69-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 109 GARST STREET, COUNCILMANIC DISTRICT 6, 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. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of Sou#h Bend, Indiana to amend the zoning ordinance as herein requested. 1.) The property sought to be rezoned is located at: 109 Garst Street 2.) Name and address and phone no. of property owner(s) of the petition site: Frick Limited Liability Company, LLC 3907 S Michigan Street South Bend, Indiana 46614 Phone 272-3220 3.) Name and address and phone no. of contingent purchaser(s), if applicable: Morris Sheet Metal Corp. 6212 Highview Drive Fort Wayne, Indiana 46818 Phone 260-497-1302 4.) It is desired and requested that this property be rezoned from LB Local Business District to LI Light Industrial District 5.) This rezoning is requested to allow the following use(s): The continued use of mechanical contracting and engineering. 6.) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petitioned property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8 % X 11. J mes Frick, Member Petition Prepared By: Lang, Feeney & Associates, Inc. J. Bernard Feeney (contact person) 715 South Michigan Street South Bend, Indiana 46601 574-233-1841 ~t~-ed ge~€~'~ C~~~ce SEP _ 4 2009 JO}{,d YOO~OE cmt c~sR~, so, s~~l~, }r~. ~s-$oo1-0o~,ooso~,oosa,oos5,ooa~,ooa~o~ 18-8001-0044 18-8003-0152, 0150, 0153 Catherine White Urban Enterprise Assoc of South Real Services Housing CJo Edward J. White, inc. Bend, Inc. 1151 S Michigan Street 1011 S Michigan Street 1200 County-City Building South Bend, Indiana 46601 South Bend, Indiana 46601 South Bend, Indiana 46601 18-8003-0145, 0139, 0151 Joseph ~ Gerald Gomy 58263 Pear Road South Bend, Indiana 46619 18-8003-0132 3-G Properties 1111 S Main Street South Bend, Indiana 46601 18-8003-0147 South Bend Firefighters Federal Credit Union 1122 South Main Street South Bend, Indiana 46601 18-8001-0022, 0024 1011 LLC 2903 York South Bend, Indiana 46614 18-8001-0048 Richard White 8~ Ruth Boutelle 1325 E Victoria Street South Bend, Indiana 46614 18-8001-0036 Real Services, Inc. 1024 S Main Street South Bend, Indiana 46601 ~~~~' ~5' ooas 18-8001-0032, 0031 18-7003-010202 Urban Enterprises Assoc Archive Services LLC St. Joseph County of South Bend, In 1200 County-City Building PO Box 4221 7~' Floor County-City Building South Bend, Indiana 46601 South Bend, Indiana 46634 South Bend, Indiana 46601 i~ii~~ !n ~I~E'!C'~ ~i'~8~e SEP - 4 2009 J4`~Pi SO A~ PAD, IN. CITY GL~f~:C, Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 vvww.stjosephcountyindiana.com/areaplan Fax 574 235-9813 October 21, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, 1N 46601 RE: A proposed ordinance of Frick Limited Liability Company, LLC to zone from LB Local Business District to LI Light Industrial District, property located at 109 Garst Street, City of South Bend - APC# 2535-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Frick Limited Liability Company, LLC was legally advertised on Thursday, October 8, 2009 and that the Area Plan Commission at its public hearing on Tuesday, October 20, 2009 took the following action: Upon a motion by John DeLee, being seconded by Jack Mell and unanimously carried, the proposed ordinance of Frick Limited Liability Company, LLC to zone from LB Local Business District to LI Light Industrial District, property located at 109 Garst Street, City of South Bend is sent to the Common Council with a favorable recommendation. This property was operating in the correct zoning until 2004 when the adoption of the ne~v zoning code created the non-conforming use situation. It is contiguous to Light Industrial zoning to the west. The existing use has not placed an undue burden on the adjacent uses, all of which are part of an area that has a diversity of uses. Given the small size of this lot, there is little to no room for the outdoor storage associated with the LI Light Industrial District. 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. Sincerely, ~~'~. w n W. Byorni JWB:jsc Attachment CC: Frick Limited Liability Company, LLC Morris Sheet Metal Corp. Lang, Feeney & Associates `~~~~~,t ~ ~;l 0 CT 2 1 2009 ___.__.~ J~~;J VGO;?~= Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2535-09 ®wner: Frick Limited Liability Company, LLC Location: 109 Garst Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to LI Light Industrial District to allow the continued use of a mechanical contracting and engineering business. Land Uses and Zoning: On site: On site is a small building containing a mechanical contracting and engineering business. North: To the north is a vacant commercial building and associated storage building zoned MU Mixed Use District. East: To the east is a vacant building zoned LB Local Business District. South: To the south is a parking lot zoned MU Mixed Use District. West: To the west is the Real Services kitchen zoned LI Light Industrial District. District uses and development standards: The LI Light Industrial District is established to .provide for development of office/warehouse, warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare. Permitted uses in this district tend to generate heavy traffic, require extensive community facilities, and may require limited amounts of outdoor storage. The LI District is also intended to function as a transitional district between the more intense general industrial districts and other less intense districts. Site plan description: The total area is 4,039 square feet. The 3,540 square foot building covers 88% of the site. There is no on-site parking. In 1998, the Area Board of Zoning Appeals granted variances from the parking spaces, lot size and side and rear setbacks. Additional variances will be needed for front yard setback and landscaping. Zoning and land use history & trends: From 1996 to 2004, this property was zoned C Commercial. At that time, furnace sales and service, with stock completely housed, and manufacturing and assembly, with not more than five operating employees were permitted uses. When the new zoning map was passed in 2004, this property was zoned LB Local Business District. The lot was subdivided in 1998. Traffic and transportation considerations: Garst has two lanes. Utilities: The site is serviced by municipal water and sanitary sewer. Frick Limited Liability Company, LLC #2535-09 Page 1 of 1 5 Criteria (per )<C 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan South Bend Comprehensive Plan November 2006 Objective LU 6.2 Provide incentives for development utilizing existing infrastructure inside the city limits. Objective ED l: Stimulate the rehabilitation and adaptive reuse of property in the city. Land >(Jse Plan: The Future Land Use Map identifies this parcel as commercial (office & retail). 2. Current conditions and character: The property to the east is vacant. Real Services has recently expanded to include a kitchen building and larger parking area to the east and south. 3. 1Vlost desirable use: The most desirable use is to allow the continued use of the property. 4. Conservation of property values: Since the use is existing, the surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to allow this small site, which has been operating as a legal non-conforming use, to be rezoned to the appropriate zoning. Recommendation: Based on information available prior to the public hearing, the Staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This property was operating in the correct zoning until 2004 when the adoption of the new zoning code created the non-conforming use situation. It is contiguous to Light Industrial zoning to the west. The existing use has not placed an undue burden on the adjacent uses, all of which are part of an area that has a diversity of uses. Given the small size of this lot, there is little to no room for the outdoor storage associated with the LI Light Industrial District. Frick Limited Liability Company, LLC #2535-09 Page 2 of 2 k2~ ~'' G~ , ~ rw~u Ohia u C E7r L u GB Garst c •~ ~ ~ ~ A4U `~ Dean Johnson ~ u Rezoning from: TT LB" Lt~-CAL BUSINESS DISTRICT to "LI'T LIGHT INDUSTRIAL DISTRICT caning Key SOUTH BEND "MU" N11:{ED USE DISTRICT SOUTH BEPJD "LB" LO CAL BUSINESS DISTRICT SOUTH BEND "GB" GENERAL BUSINESS SOUTH BEND "LI" LIGHT IPJDUSTRI,ALDISTRICT SOUTH BEPJD "GI" GENER.ALINDUSTRIALDISTRICT N 1__ '~ • ~~ ,, ~~ is •~~ .;F E T; S 1 inch = ~1 ~~ feet 1""1~~V ~ L~~~~wJ