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Home My WebLink AboutBill No. 09-18LAWRENCE P. MAGLIOZZI EXECD'EIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (594) 235-9571 February 7, 2018 Honorable Common Council 0 Floor, County -City Building South Bend, IN 46601 RE: East Side of Olive Street between Calvert Street and Delaware Street APC# 2862-18 Dear Council Members: Filed in Clerk's Office FEB 07 2010 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Enclosed in 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 February 12, 2018 Council meeting, and set it for public hearing at your March 26, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the March 20, 2018 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. Sincerely, ------------ Jordan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND WWW.STI OSEPN C OV NTY INDIAN A -CO MIAREAPLAN BILL NO. 09-18 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT THE EAST SIDE OF OLIVE STREET BETWEEN CALVERT STREET AND DELAWARE STREET, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from LI to GI for vehicle removal and storage. 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: Lots 247 through 258 of Highland Park 2" d Addition and the vacated alley between Lots 252 and 253 therein. be and the same is hereby established as GI: General Industrial District. SECTION II. That a Special Exception Use for Vehicle Storage and Outdoor Storage in Excess of 50% of the Total Lot Area in a GI.- General 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock . in. Approved and signed by me on the m. Kareemah N. Fowler, City Clerk Office of the City Clerk day of Pete Buttigieg, Mayor City of South Bend, Indiana 2018, at o'clock PETITION FOR ZONE MAP AMENDMENT City 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: 1906 S Olive St. South Bend, IN 46613 2) The property Tax Key Number(s) is/are: 018-8100-3806; 018-8100-3793; 018-8100-3792; 018-8100-3814; 018- 8100-3815. 3) Legal Descriptions: Lots 251 252 253 254 255 256 257 258 and Yoe Alley Btwn Lots 252 & 253 Highland Park 2" `r Pro See 15 37 2e 17118 Cons tiv/018-8100-3794,3804,3805,3807,3808,3809,3810 Per Owners Reg.; Lots 250, 249, 248,247(2 ... 1 prop and 2" `r address) 4) Total Site Area: 1.18 acre 5) Name and address of property owner(s) of the petition site: Paul J. Walters 921 Dale Ave. Mishawaka, IN 46544 574-288-2727, 574-220-3160 asaptowingrecovet y@yahoo, cont Filed in Clerk's Office :FEB 0 7 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN Name and address of additional property owners, if applicable: John C. Cocquyt, The 4000 Group, 703 W. 16111 St., Mishawaka, IN 46544 6) Name and address of contingent purchaser(s), if applicable: -FIL FEB 02 2018 AREA PIAN Name and address of additional property owners, if applicable: Application 7) It is desired and requested that this property be rezoned: From: LI Light Industrial District To: GI General Industrial District Additional zoning district, if applicable 8) This rezoning is requested to allow the following use(s): Vehicle removal and storage IF VARIANCE(S) ARE BEING REQUESTED (if not, please skip to next section): 1) List each variance being requested Contact Commission Staff if you treed 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: Please explain how your variance petition addesses this criteria (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: Please explain how your variance petition addesses this criteria (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addesses this criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not, please skip to next section): 1) The Special Exception Use(s) being requested: Vehicle removal and storage. 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: These lots are secured from the public with approrlate fencing and an electronic gate that can only be opened from inside the building or via rernole(s). (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: An easement is already in place so that adjacent property will not be affected. (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: The majority of Olive St. is zoned as GL (d) The proposed use is compatible with the recommendations of the Comprehensive Plan. Removal of the building listed as 2010 to be demolished at a later date as well as new fencing and clearing of the lot line clue to these structures being an eyesore to the neighborhood All lots to be combined at a later date to one address, 1906. * hi 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: Paul Walters /Becki Badders 1906 S. Olive St. South Bend In 46613 574-288-2727 asaptowingrecover y@yahoo. cont Filed In Clerk's Office FEB 0 7 2018 -- KAREE1v1AHFOWLER CITY CLERK, SOUTH BEND, IN BY SIGNING THIS PETITION, THE PE TITIONERSIPROPERTY OWNERS OF THE ABOVE- 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. owner(s), or signature of Attorney for all property owner(s): -FILED- FEB 02 2018 AREA PLAN f V/0 v I I Filed in Clerk's Uttice fEB-0JL20 fL-- --- KAREEMAH Ff,)WLER CITY CLERK, SOUTH REND, IN - Vi 1.1 IPAD - FEB 02 2018 AREA PI -AN GQ�L�A)S