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Home My WebLink About54-17 Rezoning- Property at 3333 Kenmore LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director A COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (5 7 4) 235-9571 September 1, 2017 Filed in Clerk's Office South Bend Common Council =SEPO7 4t`Floor, County-City Building South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH REND, IN RE: Rezoning for 3333 N. Kenmore Street, South Bend, IN APC#2840-17 Dear Council Members: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 11, 2017 Council meeting, and set it for public hearing at your October 23, 2017 Council meeting. The petition is tentatively scheduled for public hearing at the October 17, 2017 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Sincer ly, Da id M Stanton, Jr. Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M/A R E A P L A N ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3333 N. KENMORE ST, COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Manufacturing Pharmaceutical and Consumer Products 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: PARCEL 1 : A PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST QUARTER OF SAID SECTION 28, THENCE SOUTH 89°48'05" WEST (THE BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 28 IS ASSUMED NORTH 90°00'00" WEST), A DISTANCE OF 1 ,345.00 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER: THENCE SOUTH 00022" WEST, A DISTANCE OF 50.00 FEET TO THE WESTERN BOUNDARY OF KENMORE STREET AND THE POINT OF BEGINNING; THENCE SOUTH 000'23" WEST, A DISTANCE OF 146.47 FEET ALONG THE WESTERN BOUNDARY: THENCE SOUTHERLY ALONG SAID BOUNDARY 297.10 FEET ALONG AN ARC TO THE LEFT HAVING A RADIUS OF 1 ,949.86 FEET AND SUBTENDED BY A LONG CORD HAVING A BEARING OF SOUTH 04°21'31" EAST AND A LENGTH OF 296.77 FEET; THENCE SOUTH 89°48'05" WEST, A DISTANCE OF 499.31 FEET: THENCE NORTH 00 002'41" EAST, A DISTANCE OF 452.50 FEET TO THE SOUTH BOUNDARY OF CLEVELAND ROAD; THENCE NORTH 89°48'05" EAST, A DISTANCE OF 466.42 FEET ALONG SAID SOUTH BOUNDARY: THENCE SOUTH 45 005'46" EAST, A DISTANCE OF 14.12 FEET TO THE POINT OF BEGINNING, PARCEL 2: A PART OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, COUNTY OF ST. JOSEPH, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE SOUTH 89 048'05" WEST (THE BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 28 IS ASSUMED NORTH 90°00'00" WEST), A DISTANCE OF 1821 .42 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 0 000'23" WEST, A DISTANCE OF 40.00 FEET TO THE NORTH BOUNDARY OF CLEVELAND ROAD AND THE POINT OF BEGINNING; THENCE SOUTH 0°02'41" WEST A DISTANCE OF 452.50 FEET; THENCE 89°48'05" WEST A DISTANCE OF 391.24 FEET; THENCE NORTH 0 002'41" EAST A DISTANCE OF 452.50 FEET TO THE SOUTH BOUNDARY OF CLEVELAND ROAD; THENCE NORTH 89°48'05" EAST A DISTANCE OF 391.24 FEET ALONG SAID SOUTH BOUNDARY TO THE POINT OF BEGINNING. be and the same is hereby established as GI GENERAL INDUSTRIAL DISTRICT. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publication, and full execution of any conditions or Commitments placed upon the approval. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 , at o'clock M. City Clerk Approved and signed by me on the day of 2 , at o'clock M. Filed in C'lerk's Office 1 Sr RE,,— Mayor, City of South Bend, fndian PUBLIC HEM;;.: SEP 01 2017 3 rd READING NOT APPROVZZ, REFERRED KAI tEEdVIAH FC11'�LER PASSED CITY CLERK,SOUTH SEND; IN PETITION FOR ZONE MAP AMENDMENT Citv of South Bend,Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 3333 N. Kenmore St. South Bend, IN 46628 Filed in Clergy's office 2) The property Tax Key Number(s)is/are: 2 parcels Kev#:25-1010-0385.04 SEP o 12017 State Id#: 71-03-28-201-005.000-009 KAREI=NI;�H i=0�lLER Key#: 025-1010-0385.05 CITY CLERK,SOUTH BCP9D IN State Id#.• 71-03-28-201-004.000-009 �� 3) Legal Descriptions: PARCEL L•A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, County of St.Joseph, Indiana, described as follows: Commencing at the Northeast Quarter ofsaid Section 28; thence South 89°48'05" West(the bearing of the South line of the Southeast Quarter of Section 28 is assumed North 90°00'00" West), a distance of 1,345.00feet along the North line ofsaid Northeast Quarter; thence South 0°00'22" West, a distance of 50.00 feet to the Western boundary of Kenmore Street and the point of beginning; thence South 0'00'23" West, a distance of 146.4 7 feet along said Western boundary; thence Southerly along said boundary 297.10 feet along an arc to the left having a radius of 1,949.86 feet and subtended by a long chord having a bearing of South 04'21'31"East and a length of 296.77 feet;thence South 89°48'05" West, a distance of 499,31 feet;thence North 00°02'41"East, a distance of 452.50 feet to the South boundary of Cleveland Road; thence North 89°48'05"East, a distance of 466.42 feet along said South boundmy;thence South 45°05'46"East, a distance of 14.12 feet to the point of beginning. PARCEL II.•A part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, City of South Bend, St.Joseph County,Indiana,described as follows: Commencing at the Northeast corner ofsaid Section 28;thence South 89'48'05" West (the bearing of the South line of the Southeast Quarter of Section 28 is assumed North 90 000'00" West)a distance of 1821.42 feet along the North line of said Northeast Quarter; thence South 0°00'23" West a distance of 40.00 feet to the North boundary of Cleveland Road and the point of beginning; thence South 0102'41- West a distance of 452.50 feet; thence 89°48'05" West a distance of 391.24 feet;thence North 0'0241" East a distance of 452.50 feet to the South boundary of Cleveland Road; thence.North 89°48'05"East a distance of 391.24 feet along said South boundary to the point oj'beginning. 4) Total Site Area: Total 9.14 acres S) Name and address of property owner(s)of the petition site: Geoff Newman ,ainevi,man@comcast.net (574)258-4696 F I L E D r PcatDittrich ?t1j7 pgl 1101711 @gmail.com (574)272-4701 F.R'E-A P As,! C M1'ao ION Name and address of additional property owners,if applicable: 6) Name and address of contingent purchaser(s),if applicable: Vilcram Shah 7ri-Pac, Inc. 17336 M-60 East Vandalia,MI 49095 Wkram.shah@tri-pac.us (269)476-2303 Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: From: LI Light Industrial District Additional zoning district,if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Manufacturing Pharmaceutical and Consumer products IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1) List each variance being requested. Contact Commission Staff if you need assistance with wording. 2) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health,safety,morals and general welfare of the community: Insert text (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Insert text (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Insert text IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: Insert test 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: (a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: Insert text (b) The proposed use will not injure or adversely affect the use of the adjacent area orpronrevalu8es�,� therein: Insert text a 1 CE: 79 �.�P AREA Pl h.l' COW'ii�610N N y Q j U 2i W LL,' dP rs J M - O M 2 wn a na c _ /• i •--1 T o qu a O d i U W Y P•� o s i i w w b i C Cw/) LLI CC Z Z � U �� 100 Z LL � rvncu p J • N KENMORE ST --PL----PL_—_—PL_---PL----PL___—PL __— PL � PL ° I I I _----BSL ° d I d I I I I d I I I I I I I I I I I ir I I ❑ I I I 3I' I I I II I m I - I � I � I w I I I I I I I I lz I I d $ I I I I I � � � I I � I I I I I I I j I I j i I .B-,oi � I I I o ' I I I I = I In m l I I I a I N b-- —7d----ld----ld+'---ld----7d----ld--- 7d----ld----A1----1d----7d----7d-- 05'ZSb Im I I I I I -------------------------� I e I I I I I I I I I I I I I I I m l I d I I I I I I I I I I I I L--------------------------I I � j I is le I j j I I I I I I I � I I I I I I I � I � I I I I I I H 00 I o -z j 00 = If j d j I In I