HomeMy WebLinkAbout68-17 Rezone- 403 South Parry Street LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 11+0 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA +6601 (57+) 235-9571
October 3, 2017
South Bend Common Council Filed in Clerk's Gif`,e
4`"Floor, County-City Building
South Bend, IN 46601 I OCT 04 2017
RE: Rezoning for 403 South Parry Street, South Bend, IN SS -IE -e�
APC#2847-17
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 October 9th,
2017 Council meeting, and set it for public hearing at your November 27th,2017.Council meeting.
The petition is tentatively scheduled for public hearing at the November 21st, 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.
Since" y,
David 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 AND SEEKING A SPECIAL
EXCEPTION FOR PROPERTY LOCATED AT 403 S, PARRY STREET
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Petitioners desire to rezone the property from SF2 Single Family and Two Family
District to LI Light Industrial District to allow for a storage lot.
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:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 37
NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: THE EAST 54 FEET OF
LOT #2 OF THE PLAT OF "SAMUEL PARRY'S ADDITION TO THE CITY OF SOUTH
BEND" AS RECORDED BY DOCUMENT NUMBER 1872008 IN THE RECORDS OF
THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE. CONTAINING 0.07
ACREES ROME OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS
AND RESTRICTIONS OF RECORD.
be and the same is hereby established as LI LIGHT INDUSTRIAL DISTRICT.
SECTION II. That a Special Exception Use for outdoor storage in excess of twenty (20)
percent of the gross floor area of all buildings on the lot in a LI Light Industrial District is
hereby granted subject to a site development plan hereby attached and made a part of
this Ordinance and which site plan contains and lists all conditions, if any, of approval.
SECTION III. This ordinance is and shall be subject to commitments as provided by
Chapter 21-09.02(d) Commitments, if applicable.
SECTION IV. 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, 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.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
i st READING OCT 04 2017
PUBLIC HEARING
3 rd READING KARE`MAH FOWLER
NOT APPROVED CITY CLERK,SOUTH REND, IN
REFERRED
PASSED
PETITION FOR ZONE MAP AMENDMENT
City of South Berg Indimra
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:
Addy ess(es)-, 403 South Pm7y Sti vet, South Bend, Indiana 46624.
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2 The property Tax Key Numbers is/are: Enter ..ro-er tax Ire nUflyber s :018-6013-028(1
p p 'tY Y ( ) p P t1' Y ()
3) Legal Deseriptions: Enterf ill legal-description. See etiaohed
4) Total Site Area: E'nfer total de es to be i eidm? 0.,67Acres.
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5) Name and address of property owner(s)of the petition site:
`i✓i�ed 6r Clerkk'v Office
The Robert Henry Corporation
Attu:M:Stephen Remy
OCT 04 2017
404 South Frmices Street i
South Bend,Indiana 46624 a(ARFi"?Jf;f{FCWLFR Ph No. 374-232-2091 C:R E-Mail Address N/A CITYC� IHcFps
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Name and address of additional property owners,if applicable: I
6 Name and.address of contingent purchaser(s),if applicable:
�T 0 2 2217
E-mail NIA
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Name and address of additional property owners,if applicable:
7) It is desired and requested that this property be rezoned:
From: SF2 Single Family Two FamilyDistrictNIA
To: LI Light Industrial District
8) This rezoning is requested to allow the following use(s): Insejit intended ifs (s):Storage tot.
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) List each var•im7ce being requested. See attached.-
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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: See Attached j
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(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: See attached
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:
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values f
therein: C
(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:
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan.
* 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.
f
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CONTACT PERSON:
Name: Danch, Hamer&Associates,Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574-234-4003 nrdanch @danchhcn•ner.com
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BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- I
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
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Signatur of 11 property owner(s),or signature of Attorney for all property owner(s):
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Requested Special Exception Use and Variances from the LI Light Industrial District•
Special Exception Use:
a). Special exception for the parking of company vehicles which use includes outdoor storage in
excess of twenty(20)percent of the gross floor area of all buildings on the lot.
Variances:
1). From the required 100 feet of lot width and frontage to 47 feet;
2). From the required 50-foot side residential buffer-yard to 2 feet for fencing and gravel parking
area;
3).From the required 25-foot parking setback to 10 feet along Parry Street and 0 foot along
Western Avenue.
4). From the maximum allowed 6-foot fence height in the front-yard setback to an 8-foot solid
fence 10 feet from the front lot line along Parry Street and 0 feet from the lot line along
Western Avenue;
5). From the requirement of paved parking lot to gravel;
6). From the required minimum landscaping of required perimeter yards to none;
7). From the required off-street parking screening to an 8-foot solid fence and evergreens along
Parry Street and an 8-foot solid fence along Western Avenue;
8). From the Height of Outdoor Storage—Outdoor storage of materials or products shall not
exceed the height of the fence.
REASON FOR THE REQUEST(S)
The Petitioners, owners of the property shown on the attached site plan have been for the past
several years. The Petition site is adjacent to the Petitioners main Company operation facility
known as the Robert Henry Corporation. The Company has been in business in the South Bend
area for the past several decades. The Petitioners were in need of additional space to park their
Company vehicles. The Petition site located at the southwest corner of Parry Street and Western
Avenue became available and was purchased. The existing home was razed and a gravel based
was placed over the site to allow for the parking of Company vehicles.
The Petitioners were notified that the property they purchased was not zoned properly for the
gravel parking area and that it would need to a rezoned for that use.The Petitioners own property
west of and adjacent to the Petition site and it has been used for parking and storage for over the
past 20 years.
Based on discussions with the Area Plan Commission and Building Department staffs', it
was determined that the property would need to be rezoned to the "LI" Light Industrial District
which would be consistent with the zoning of the rest of the Petitioners property where they carry
out the Company's operations. The Petition site would also require approval of a Special
Exception Use and several variances due to the properties limited size.
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The proposed development as shown will require approval of a Special Exception Use and
Variances as listed above. More specifically the reason for the Special Exception Use is as
follows along with the approval standards:
Special Exception Use request:
a). Special exception for the parking of company vehicles which use includes outdoor storage in
excess of twenty(20)percent of the gross floor area of all buildings on the lot.
The reason for the Special Exception Use is to be allowed to place Company vehicles on the
Petition site. The Petitioners need additional area for their Company vehicles and would prefer to
store them at a location close to the main office where the site can be secured and watched with
the Company's other stored equipment. At present, there is not another site adjacent to the main
company property available for the requested use. The Petitioners plan to screen the parking area
from the adjacent properties with a solid fence and along the Parry Street frontage they propose
using a solid fence along with evergreen plantings to mitigate the view directly into the parking
area. As the Company has been a part of this neighborhood for the past several decades, they
believe the small addition to allow for vehicle parking will not impact the adjacent mixed uses.
APPROVAL STANDARDS:
Special Exception Use:
i. The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare. As mentioned above, the Petitioners company has
been in operation in the neighborhood for the past several decades. The impact of the proposed
minimal expansion for a small vehicle parking area should not have a negative effect on the
surrounding area with the proposed improvements to visually screen the use from adjacent
properties.
ii. The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein. As stated above with the proposed fencing and landscaping there should be no
adverse effects of surrounding properties or their values.
iii. The proposed use will be consistent with the character of the district in which it is located and
the land uses authorized therein. The surrounding uses area mixed with a small amount of
residential, a mix of commercial and industrial uses. The addition of a small parking area that is
screened would be consistent with other uses in the neighborhood.
iv. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan. The proposed use is not specifically shown in the city's comprehensive
plan. The proposed use was designed to have the least amount of impact on the mixed
neighborhood uses.
Requested Variances:
1). From the required 100 feet of lot width and frontage to 47 feet. The property as shown has
existed with the shown lot dimensions for the past several decades. The Petitioners did not create
the existing lot size,but are required to meet the standard based on the zoning ordinance. As this
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property will be used with other property owned by the Petitioners and adjacent to the Petition
site, it will allow for more efficient use of the properties.
2). From the required 50-foot side residential buffer-yard to 2 feet for fencing and gravel parking
area. The city's ordinance requires a 50-ft. setback from residential properties. The Petition site is
adjacent to the home to the south. The Petitioners other properties to the west are also just as
close to the home to the use and the Petitioners used fencing to screen the gravel storage area for
the past 20 or more years. The Petitioner proposes being consistent with the screening provided
with an 8-ft.tall solid fence.
3). From the required 25-foot parking setback to 10 feet along Parry Street and 0 foot along
Western Avenue. As the proposed use of the property is for parking the Petitioners are planning
to place an 8-ft. solid screening fence along with evergreen trees to mitigate a direct view to the
parking area. This proposed screening to enhance the streetscape would soften the effect of the
proposed small parking area.
4). From the maximum allowed 6-foot fence height in the front-yard setback to an 8-foot solid
fence 10 feet from the front lot line along Parry Street and 0 feet from the lot line along Western
Avenue. As mentioned above the Petitioners are attempting to screen the proposed small parking
area from the street and adjacent properties. The city ordinances have an intent to screen the front
of vehicles for parking lots. This is done with low shrubs. The Petitioners understand they are
parking larger company vehicles and want to screen the parking area with a more substantial
screen. The proposal is an 8-ft. solid fence with landscaping along Parry Street and just fencing
along Western Avenue since that street is more of a main drive into the Company parking/storage
area. The Petitioners also plan at a future date to vacate the portion of Western Avenue adjacent
to and west of the petition site.
5). From the requirement of paved parking lot to gravel. The existing parking storage lot owned
by the Petitioners and used for the last 20 plus years is gravel and has been maintained that way.
There have been no problems with the use of gravel in that lot and no negative impact on any
surrounding property. They would desire to maintain the same gravel material for the surface of
the small proposed parking area to be consistent with the other lot.
6). From the required minimum landscaping of required perimeter yards to none. The Petitioners
would ask to be allowed to use the proposed evergreen screening along Parry Avenue to meet the
perimeter tree requirement for both frontage streets. They believe these evergreen trees would
exceed the requirement of 2 trees.
7). From the required off-street parking screening to an 8-foot solid fence and evergreens along
Parry Street and an 8-foot solid fence along Western Avenue.As mentioned above the Petitioners
believe the proposed use of fencing and larger plant material will exceed the intent of the city's
ordinances to screen parking areas from public streets and adjacent properties.
8). From the Height of Outdoor Storage — Outdoor storage of materials or products shall not
exceed the height of the fence. The Petitioners would state that some of the vehicles that would in
the small parking area would exceed the height of the 8-ft. solid fence. The "bucket" portion of
the vehicles could be as high as 12 feet. The proposal to have evergreens along the, frontage of
Parry Street is to help mitigate a direct view of these vehicles.
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APPROVAL STANDARDS:
Variances:
1). The approval will not be injurious to the public health, safety, morals and general welfare of
the community because this area already contains industrial sites of varying types of uses and
intensity of site use along with residential uses and mixed commercial uses. This is an expansion
of a small parking and storage area for a business that has been in the neighborhood for decades.
The proposed site improvements of screening and landscaping will be made to meet the intent of
the city's requirements. The Petitioners would hope the Commission Members would agree that
as proposed this development and industrial user will blend with the other mixed type of users in
the area.
2). The use and value of the area adjacent to the property included in the variances will not be
affected in a substantially adverse manner because the use being proposed use is industrial and
the proposed use will be screened from adjacent properties. There will also be site improvements
to help bring the development closer to the existing development standards for industrial users in
the city.
3). The strict application of the terms of the zoning ordinance will result in the practical
difficulties in the use of the property because the existing site,which is adjacent to the Petitioners
main property, cannot be enlarged to meet several of the latest development standards as listed in
the city's zoning ordinances. The petitioners do not believe the intent of the existing zoning
standards is to place unreasonable restrictions which would prevent the use of a property. There
has been an attempt made to make improvements to the site which meet the intent of the present
ordinances.
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LEGAL DESCRIPTION:
THAT PART OF THE SOUTHEAST QUARTER OF SECTON 12,TOWNSHIP 37 NORTH, RANGE 2 EAST,CITY OF
SOUTH BEND,PORTAGE TOWNSHIP,ST.JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:THE EAST 54
FEET OF LOT # 2 OF THE PLAT OF "SAMUEL PARRY'S ADDITION TO THE CITY OF SOUTH BEND" AS
RECORDED BY DOCUMENT NUMBER 1872008 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDER'S OFFICE.
CONTAINING 0.07 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD,
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Filed in Clerk's Office
OCT 04 2017
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KARfE'Z-:t'AAf'FOWLER
CITY CLERK,S0;1,7114 RrAJD;IN
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