HomeMy WebLinkAbout54-17 Rezoning for Property at 3333 Kenmore LAWRENCE P; MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
D,p,.ty rlir-
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 IV. JL FFERS0.\ BLVD., R00.NI I I+11 COUN'T'Y-CITY BUILDING, SOUTH BENI), INDIANA 46601 (i74) 23i.9;71
October 18, 2017
F!jied in Clerk's G
South Bend Common Council
4th Floor, County-City Building OCT 18 2017
South Bend, IN 46601 i A j
RE: Bill #58-17
Rezoning: APC#2840-17 - 3333 N. Kenmore, South Bend
Dear Council Members:
The Area Plan Commission held a public hearing on October 17, 2017 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday, October 27, 2017.
Ordinance & Petition Amendments:
The following changes have been made to the above referenced petition:
Petition:
1.) Variances were added to the petition to match the revised site plan
A Copy of the revisions are attached.
Public Hearing Summary:
There was no one present to speak in favor or opposition to the proposed rezoning.
If you have any further questions, please feel free to contact me at(574)235-9571.
Sincerely,
David M. Stanton,Jr.
Planner
CC: Bob Palmer
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WW W.S T O S E PH C 0 U N T Y I N DIANA.C 0NfA FLEA P LAN
L A W R E N C E P. MAG Ll OZ Z I
FS L('ti'l W E D I R T CTO R
Angela M. Smith
AREA PLAN COMMISSION OF ST_ JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1 140 C-01IN-ry.crry BUILDING, SOUTH BEND, INDIANA 46601 IS 74)2 IS.9S71
r
Wednesday,October 18,20171
The Honorable Council of the City of South Bend OCT j 8 2017
4th Floor,County-City Building
South Bend, IN 46601
17
RE: A proposed ordinance of DAFIR Realty LLC and to zone from LI Light Industrial District to GI General
Industrial District property located at 3333 N. Kenmore Street and the vacant lot west of and adjacent to,City
of South Bend-APC4t 2840-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of DAFIR Realty LLC and was legally advertised on October
5,2017 and that the Area Plan Commission at its public hearing on October 17,2017 took the following action:
Upon a motion by John McNamara, being seconded by Oliver Davis and unanimously carried,a
proposed ordinance of DARR Realty LLC to zone from LI Light Industrial District to GI General
Industrial District, property located at 3333 N. Kenmore Street and the vacant lot west of and adjacent
to,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation.
Rezoning the property to GI General Industrial will allow for the redevelopment of an industrial site in
a manner consistent with the surrounding area.
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,
Lawrence P. Magliozzi
Attachment
CC: DAFIR Realty LLC
Danch,Hamer&Associates, Inc.
Tri-Pac, Inc.,Attn: Vikram Shah
SERVING ST_ JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WW W.5)C I N D IAN A.0 0 M 13 0 6 1.,e a-I,I—
Staff Re ort OCT 1 g X017 10/6/2017
APC# 2840-17
Owner: DAFIR Realty LI-1C
Location: 3333 N. Kenmore Street and the vacant lot west of and adjacent to
Jurisdiction: City of South Bend
Public Hearing Date: 10/17/2017
Requested Action:
The petitioner is requesting a zone change from LI Light Industrial District to GI General
Industrial District and seeking five variances from the development standards
Land Uses and Zoning:
On site: On site is a manufacturing establishment
North: To the north across Nimtz Parkway are 2 vacant lots zoned LI Light
Industrial District
East: To the east across Kenmore is a vacant lot zoned LI Light Industrial District
South: To the south are industrial buildings zoned LI Light Industrial District.
West: To the west is a vacant lot and cell tower zoned LI Light Industrial District
District Uses and Development Standards:
The GI General Industrial District is established to provide for development of
manufacturing and processing facilities or facilities which may require substantial amounts
of outdoor storage or outdoor operations. Permitted uses in this district tend to generate
heavy traffic and require extensive community facilities. Permitted uses in this district
may require extensive amounts of outdoor storage or outdoor operations. The permitted
uses provided for in this district should be separated from residential districts or low
intensity commercial/mixed use districts by less intense industrial districts.
Site Plan Description:
The 9.14 acres site contains an existing 45,200 square foot building with a 6,000 square
foot office. There are 53 existing parking spaces. The site plan shows a two phase
expansion totaling 56,000 square feet of additional industrial space. The petition is
preserving the mature trees on site,plus adding parking screening and screening of the
proposed loading areas. The proposed site plan includes outdoor storage areas with solvent
and propellant tanks.
Zoning and Land Use History And Trends:
This site has been LI Light Industrial District since the adoption of the new zoning maps in
2005.
Traffic and Transportation Considerations:
Kenmore has two lanes.Nimtz Parkway has four lanes.
Utilities:
The site is served by municipal water and sewer.
Agency Comments:
The City Engineer recommends approval subject to review and approval of sidewalks,
APC 4 2840-17 Page 1 of 4
Staff Report 10/6/2017
curb cut, lighting, and overall improvements to the site. Development of the site requires
City approval of a Drainage Plan and meets the requirement to store all runoff from
developed areas on site, along with compliance with the City's Downspout Disconnection
Program. The approaches shown at the truck entrance near solvent storage tanks will need
to be reviewed by the Engineering Department via the curb cut application process.
The Department of Community Investment(DCI) offers a favorable recommendation
subject to the suggestions provided below. Properties along Nimtz Parkway feature a high
landscape character and above average building design; these comments seek to preserve
that character. DCI recommends the following: Tanks, storage areas, and similar features
should not be located in front yards; Any new gas house/charging area placed in a front
yard should be built in a manner and with materials that complement the existing
building's architecture; The lot should be heavily landscaped, even to exceed ordinance
standards, especially along the Nimtz frontage. To the degree permitted by existing space
and business operations, all parking areas and outdoor tanks and storage areas should be
landscaped screened. Any fencing visible from the Nimtz or Kenmore street frontages
should be of a decorative style (not chain-link).
The Airport authority noted that future expansion will require completion of FAA Form
7460 to ensure the planned height of the facility is not a concern. Additionally, exterior
lighting of this facility must also be considered so as to not cause any issues with arriving
and departing aircraft.
The Building Department had the following comments: Any additions to existing building
must meet the Airport Economic Area guidelines for architecture materials and finishes on
new buildings or additions including at least 1/3 of building facade to be covered with
masonry wainscoting. A request for an alternative covering for an interim period to
accommodate an easier tie-in on the West side between Phase I and Phase II or for the
finishing of Phase II will require a Design Appeal and Approval.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with City Plan, South Bend Comprehensive Plan,November,
2006), Objective ED2: Retain existing businesses and recruit new ones.
Land Use Plan:
The future land use map identifies this area as light industrial.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The properties along Nimtz Parkway and Kenmore have developed as light industrial uses.
APC# 2840-17 Page 2 of 4
Staff Report 10/6/2017
3. Most Desirable Use:
The most desirable use for this site is industrial.
4. Conservation of Property Values:
The site is located in an established industrial area. The proposed site is compatible in
scale and use, and should not adversely affect surrounding property values.
5. Responsible Development And Growth:
It is responsible development and growth to allow the development of industrial uses along
major transportation routes.
Combined Public Hearing
This is a combined public hearing procedure,which includes a rezoning and 5 variances from
the development standards. The Commission will forward the rezoning to the Council with or
without a recommendation and either approve or deny the variances.
The petitioner is seeking the following variance(s):
1) from the required landscaping of required perimeter yards to none
2) from the required foundation landscaping to no foundation landscaping on the north
elevation and to the existing on the east
3)from the required interior off-street area landscaping to none
4) from the required minimum loading space dimensions and maneuvering aisle widths;
5)to allow loading between the front lot line and front fagade of the building
State statutes and the Zoning Ordinance require that certain standards must be met
before a variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health,safety,morals and general
welfare of the community;
The proposed development variances should not have an impact on the public health,
safety, and general welfare of the community.
(2)The use and value of the area adjacent to the property included in the variance
will not be affected in a substantially adverse manner;
Because the property is an established industrial use there will be minimal changes to the
site. Property values should not be adversely impacted.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Due to the fact that the site is an existing building located on a corner lot with two front
yards, strict application of the development standards for loading areas would create
practical difficulties in the development of the site. The landscaping meets the intent of the
ordinance shown on the plan. Strict application would require the removal of mature
landscaping.
Staff Comments:
Because of the nature of the use,the staff recommends the solvent storage area either be
APC 4 2840-17 Page 3 of 4
Staff Report 10/6/2017
located behind the front building line or screened with Type B landscaping on the east and
west.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the
rezoning petition be sent to the Common Council with a favorable recommendation. The
staff recommends approval of the landscaping variances (variances 1-3) for the current
building only. Future development should meet the landscaping regulations in place at the
time of development. The staff recommends approval of the variances for the loading areas
(variances 4-5).
Analysis:
Rezoning the property to GI General Industrial will allow for the redevelopment of an
industrial site in a manner consistent with the surrounding area.
i
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APC 4 2840-17 Page 4 of 4
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 89 048'05" WEST (THE
BEARING OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 28
IS ASSUMED NORTH 90°00'00" WEST), A DISTANCE OF 1 ,345.00 FEET ALONG
THE NORTH LINE OF SAID 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 146.47 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 04 021'31" 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°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 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 0°02'41" WEST A
DISTANCE OF 452.50 FEET; THENCE 89°48'05" WEST A DISTANCE OF 391.24
FEET; THENCE NORTH 0°02'41" EAST A DISTANCE OF 452.50 FEET TO THE
SOUTH BOUNDARY OF CLEVELAND ROAD; THENCE NORTH 89 048'05" 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 Clerk's Office
I st Rtr Mayor, City of South B, nd, hdiana---
PUBLIC HE;;;., SEP 01 2017
3 rd READING
NOT APPROVc% KAREEIAH FOWLER
REFERRED
RASED CITY CLERK,SOUTH SEND,IN
_._ v,.�
S E P 2 0V 221017
OCT 18 2017
ARE'/,; SION PETITION FOR ZONE MAP AMENDM,4T
City Of South Rend,Indian
11
Vqo -
(we)the'uncre`rsi nerd 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:
THE SOUTHWEST CORNER OF NIMTZ PARKWAY AND KENMORE STREET ADDRESS:3333 NORTH
KENMORE STREET AND THE VACANT LAND WEST OF AND ADJACENT TO SAID KENMORE PROPERTY,
SOUTH BEND,INDIANA 46628.
2) The property Tax Key Number(s)is/are: 025-1010-038504&025-1010-038505
3) Legal Descriptions:
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:CONEVIENCING AT THE IT
NORTHEAST QUARTER OF SAID SECTION 28;THENCE SOUTH 89048'05"WEST(THE BEARING OF THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SECTION 28 IS ASSUMED NORTH 90000'00"WEST),A DISTANCE OF
1,345.00 FEET ALONG THE NORTH LINE OF SAID 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 146.47 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 RAVING A BEARING OF SOUTH 04°21'31"EAST AND A
LENGTH OF 296.77 FEET;THENCE SOUTH 8948'05"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 89048'05"EAST,A DISTANCE OF 466.42 FEET ALONG SAID SOUTH BOUNDARY;THENCE SOUTH
45005'46"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 89'48'05"WEST(THE BEARING OF THE SOUTH
LINE OF THE SOUTHEAST QUARTER OF SECTION 28 IS ASSUMED NORTH 90-00,001,WEST),A DISTANCE OF
-ET TO THE NORTH BOUNDARY OF CLEVELAND ROAD AND THE POINT OF BEGINNING,
DISTANCE OF 40.00 FEET
1821.42 FEET ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER;THENCE SOUTH 0'00123',WEST,A
THENCE SOUTH 0°02'41"WEST A DISTANCE OF 452.50 FEET;THENCE 89048'05"WEST A DISTANCE OF 391.24
FEET;THENCE NORTH 0'02'41"EAST A DISTANCE OF 452.50 FEET TO THE SOUTH BOUNDARY OF CLEVELAND
ROAD;THENCE NORTH 89'48'05"EAST A DISTANCE OF 391-24 FEET ALONG SAID SOUTH BOUNDARY TO THE
POINT OF BEGINNING.
4) Total Site Area: 9.14 acres, more or less
5) Name and address of property owner(s)of the petition site:
DAFIR REALTY LLC
CIO P E DITTRICH
52525 HICKORY ROAD
GRANGER, INDIANA 46530
574-272-4701
Name and address of additional property owners, if applicable:
6) Name and address of contingent purchaser(s), if applicable:
Vikram Shah
Tri-Pac, Inc
17336 M-60 East
Vandalia, MI 49095
vikram.shah @tri-pac.us
(269)476-2303
SE 21• n
0 �l7
7) It is desired and requested that this property be rezoned:
From: LI Light Industrial District N/A e"YpI I ti 1;1�,IiJ, �U "t 7
x:r csr.GA) _"
To: GI General Industrial District
8) This rezoning is requested to allow the following use(s): INDUSTRIAL USE..
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): /
1) From the required landscaping of required perimeter yards to none; - D`1
2) From the required foundation landscaping to no foundation landscaping on the north elevation and existing
on the east;
3) From the required interior off-Street area landscaping to none;
4) From the required minimum loading space dimensions and maneuvering aisle widths
S) To allow loading between the front lot line and front facade of the building,
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: SEEATTACHED
(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: SEE ATTACHED
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the
property: SEE ATTACHED
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 text
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 or property values
therein: Insert text
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and: Insert text
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein;and; Insert text
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.Insert text
In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Vikram Shah
Tri-Pac,Inc
17336 M60 East
Vandalia,MI 49095
+1 (269)476-2303
vikram.shaA I pac.us
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTYOWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COAAIISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
s) of all proper er ),or signature 5f Attorney for all property owner(s):
h/—CI O✓
D /
SEP 01 2011
AP, f..qa.•.n..., � ,}�.
REZONING`
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