HomeMy WebLinkAbout10013-10 Rezoning- 521 Eclipse Place (Animal Shelter) Passed 05-10-10ORDINANCE No. ,ao,a,a
Passed by the Common Council of the City of South Bend, Indiana
May 10,
Attest:
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
May 11, 20 10
City Clerk
~esident of Common Council
City Clerk
Approved and signed by me May 11, 2010
20 10
Mayor
ORDINANCE NO. L ~~ ~ ~ ~~ ~
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT 521 ECLIPSE PLACE
SOUTH BEND, INDIANA 46628,
COUNCILMANIC DISTRICT NO. 2, IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
THE PROPERTY IS LOCATED AT 521 ECLIPSE PLACE, SOUTH BEND, INDIANA
AND IS PRESENTLY ZONED SF2 SINGLE FAMILY AND TWO FAMILY
DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE GB
GENERAL BUSINESS DISTRICT TO ALLOW FOR A CITY OPERATED ANIMAL
SHELTER FACILITY.
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA:
SECTION I. 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 A PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: BEGINNING
AT THE INTERSECTION OF THE NORTH-RIGHT-OF-WAY LINE OF BENDIX
DRIVE WITH THE EAST RIGHT-OF-WAY LINE OF GOODLAND AVE.; THENCE
NORTH ALONG THE EAST LINE OF GOODLAND AVENUE A DISTANCE OF 487
FEET MORE OR LESS; THENCE EAST A DISTANCE OF 562 FEET MORE OR
LESS; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID GOODLAND
AVE. A DISTANCE OF 473 FEET MORE OR LESS TO THE NORTH LINE OF
SAID BENDIX DRIVE; THENCE SOUTHWESTERLY ALONG SAID NORTH LINE A
DISTANCE OF 562 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 6.19 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF
RECORD.
BE AND THE SAME HEREBY ESTABLISHED AS GB GENERAL BUSINESS
DISTRICT.
SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE
MAYOR, AND LEGAL PUBLICATION.
~~
MEMBER OF THE CO ON COUNCIL
2
ATTEST:
PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA
ON THE ~ ~ .~(L~~ DAY OF ~~ 2 p L O , AT
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CIT CLERK ~ (~,_~~
APPR VED AND SIGNED BY ME ON
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THE l ~ ~1 DAY OF
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MAYOR, ITY O SOUTH BEND, INDIANA
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
15-10 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 521 ECLIPSE PLACE, SOUTH
BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 2,
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 with the following recommendation.
Ann Puzzello
Chairperson, Committee of the Whole
DATE FILED APPLICATION NO.
DATE RECEIVED BY AREA PLAN COMMISSION
I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS
HEREIN REQUESTED.
1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED:
521 ECLIPSE PLACE,
SOUTH BEND, INDIANA 46628.
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
SOUTH BEND PARKS DEPARTMENT AND
SOUTH BEND ANIMAL CONTROL
321 EAST WALTER STREET
SOUTH BEND, IN 46614
PH. NO. 574-299-4765
3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE:
N/A
4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED:
FROM: SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT
TO: GB GENERAL BUSINESS DISTRICT
5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). CITY OPERATED ANIMAL SHELTER (KENNEL)
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 PETITION 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" FORMAT.
SIGNED,
PETIT
PETITIONED PREPARED BY:
DANCH, HARMER & ASSOCIATES
1643 COMMERCE DRIVE
SOUTH BEND, INDIANA 46628 (574) 234-4003
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P."AR - 3 2010
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CITY CG~"I':~, N~?. ~if~D, IN.
LEGAL DESCRIPTION
THAT A PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST.
JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: BEGINNING
AT THE INTERSECTION OF THE NORTH-RIGHT-OF-WAY LINE OF BENDIX
DRIVE WITH THE EAST RIGHT-OF-WAY LINE OF GOODLAND AVE.; THENCE
NORTH ALONG THE EAST LINE OF GOODLAND AVENUE A DISTANCE OF 487
FEET MORE OR LESS; THENCE EAST A DISTANCE OF 562 FEET MORE OR
LESS; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID GOODLAND
AVE. A DISTANCE OF 473 FEET MORE OR LESS TO THE NORTH LINE OF
SAID BENDIX DRIVE; THENCE SOUTHWESTERLY ALONG SAID NORTH LINE A
DISTANCE OF 562 FEET MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 6.19 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF
RECORD.
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Property Owners
Within 300 Feet
South Bend Community Schools Kenneth Washington Timothy G Scott
215 S. St.Joseph 3026 Westmoor 3018 Westmoor
South Bend, IN. 46601 South Bend, IN. 46628 South Bend, IN. 46628
Tax Key # 018 2070 2554 Tax Key # 018 2056 2024 Tax Key # 018 2056 2025
Clinton & Ruth Mack Terry D Beck Michael R Riffel
3010 Westmoor 3002 Westmoor 719 Goodland
South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628
Tax Key # 018 2056 2026 Tax Key # 018 2056 2029 Tax Key # 018 2056 2030
Charles A White Albert & Shenna Garvin Albert & Sheena Garvin
715 Goodland Ave 3003 Longley Ave 3003 Longley Ave
South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628
Tax Key # 018 2056 2040 Tax Key # 018 2056 2041 Tax Key # 018 2056 2042
Hugh Lambert Renew Inc Jerome Ivancic
28041 Layton Rd 914 LWW 3019 S Michigan St
North Liberty, IN. 46554 South Bend, IN. 46616 South Bend, IN. 46614
Tax Key # 018 2056 2039 Tax Key # 018 2056 2038 Tax Key # 018 2056 2037
Lois Veen Lois A Veen Lois A Veen
3018 Longley Ave 3018 Longley Ave 3018 Longley Ave
South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628
Tax Key # 018 2055 1971 Tax Key # 018 2055 1972 Tax Key # 018 2055 1973
Richard & Alice Karczewski Donald & Dolores Andrzejewski Richard & Alice Karczewski
3012 Longley Ave 3006 Longley Ave 3012 W Longley Ave
South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628
Tax Key # 018 2055 1974 Tax Key # 018 2055 1975 Tax Key # 018 2055 197401
Kimberly Davis Bendix Corp. Honeywell Inc. Leeanne Thielmann
3002 Longley Ave PO Box 4900 3017 Rogers St
South Bend, IN. 46628 Scottsdale, AZ. 85261 South Bend, IN. 46628
Tax Key # 018 2055 1976 Tax Key # 018 2055 1984 Tax Key # 018 2055 1985
Patricia Byrd Buford & Ernestine Freeman Linda Lowrance
PO Box 11013 615 Goodland 664 41st Street
South Bend, IN. 46634 South Bend, IN. 46628 Oakland, CA. 94609
Tax Key # 018 2055 1986 Tax Key # 018 2055 1987 Tax Key # 018 2055 1988
Scott Trost & Christine Sykes James R Phillips Florida M Smith
3001 Roger St 3018 Rogers PO Box 3910
South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46619
Tax Key # 018 2055 1990 Tax Key # 018 2055 1997 Tax Key # 018 2055 1996
James R Phillips Michael B Roseman
3018 Rogers 3010 Rogers
South Bend, IN. 46628 South Bend, IN. 46628
Tax Key # 018 2055 1998 Tax Key # 018 2055 2000
Bendix Corp. /Honeywell Inc. City of South Bend
PO Sox 4900 1200 County City Building
Scottsdale, AZ. 85261 South Bend, IN. 46601
Tax Key # 018 2055 2006 Tax Key # 018 2066 2414
City of South Bend City of South Bend
1200 County City Building 1200 County City Building
South Bend, IN. 46601 South Bend, IN. 46601
Tax Key # 018 2066 2416 Tax Key # 018 2066 2417
City of South Bend City of South Bend
1200 County City Building 1200 County City Building
South Bend, IN. 46601 South Bend, IN. 46601
Tax Key # 018 2066 2445 Tax Key # 018 2066 2450
Bendix Corp. /Honeywell Inc.
PO Box 4900
Scottsdale, AZ 85261
Tax Key # 018 2055 2001
City of South Bend
1200 County City Building
South Bend, IN. 46601
Tax Key # 018 2066 2415
City of South Bend
2615 Kenwood Ave
South Bend, IN. 46628
Tax Key # 018 2066 2436
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(~~ Uanch, F/arner ~ ~I ssociates, /nc.
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
Honorable Members of the City of
South Bend Common Council
4~' Floor County-City Building
South Bend, Indiana 46601
Land Surveyors Professional Engineers
Landscape Architects ^ Land Planners
February 25, 2010
RE: Rezoning Petition for South Bend Parks Department
and South Bend Animal Control for
property located at 521 Eclipse Place,
South Bend, Indiana 46628:
Dear Council Members:
Our clients are requesting the approval of a Rezoning
Petition for the property located at 521 Eclipse Place,
South Bend, Indiana. This requested Rezoning would allow
for the re-location of the City's Animal Shelter facility
presently located on South Olive Street. This rezoning will
allow for a larger and modern Animal Shelter facility,
which will be operated by the City of South Bend. They
believe this facility would be an acceptable use along this
portion of Bendix Drive and Eclipse Place with the other
existing mixed uses in the neighborhood.
If you have any questions concerning this matter, please
feel free to give me a call at 234-4003.
Sincerely,
Michael J. Danc
President
Danch, Harner & Associates
File No. 100113 "C" Md.
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SO~i`;1 VOQE'+~E
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1643 Commerce Drive South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103
office 574/234-4003 ^ 800/594-4003 ^ Fax 574/234-4119 office 269/471-3010 ^ Fax 269/471-7237
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 vvvvw.stjosephcountyindiana.com/areaplan Fax 574 235-9813
April 21, 2010
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of South Bend Park Department and South Bend Animal Control to
zone from SF2 Single Family and Two Family District to GB General Business District,
property located at 521 Eclipse Place, City of South Bend. - APC# 2550-10
Dear Council Members:
I hereby Certify that the above referenced ordinance of South Bend Park Department and South
Bend Animal Control was legally advertised on Thursday, April 8, 2010 and that the Area Plan
Commission at its public hearing on Tuesday, Apri120, 2010 took the following action:
Upon a motion by John McNamara, being seconded by Barrett Berry and
unanimously carried, the proposed ordinance of South Bend Park Department and
South Bend Animal Control to zone from SF2 Single Family and Two Family
District to GB General Business District, property located at 521 Eclipse Place, City
of South Bend is sent to the Common Council with a favorable recommendation.
Rezoning the site to General Business will allow the city to redevelop a vacant city
owned structure into a community asset. The new animal shelter will enhance and
expand the services, which are currently provided by South Bend Animal Control,
and will blend in with the balance of the uses within Kennedy Park.
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,
ohn W. Byo
JWB jsc
Attachment
CC: South Bend Park Department and South Bend Animal Control
Danch, Harner & Associates
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff 12eport
~.PC # 2550-10
Owner: South Bend Park Department and South Bend Animal Control
Locatian: 521 Eclipse Place
~urisdiciion: City of South Send
>lequested Action:
The petition is requesting a zone change from SF2 Single Family and Two Family District to GB
General Business District to allow for a City operated animal shelter (kennel?.
Land Uses and Zoning:
On site: On site is a vacant city owned structure and parking area zoned SF2 Single
Family & Two Family District.
North: To the north is Kennedy Park zoned SF2 Single Family & Two Family District.
East: To the east is Kennedy Park zoned SF2 Single Family & Two Family District.
South: To the south is the Bosch manufacturing plant zoned LI Light Industrial District.
West: To the west is a pazking area zoned LI Light Industrial District and single-family
residences zoned SF2 Single Family & Two Family District.
District uses and development standards:
The GB General Business District is established to provide a location for those retail sales and
service functions whose operations are typically characterized by: outdoor display or sates of
merchandise; major repair of motor vehicles; commercial amusement and recreational activities;
or, activities or operations conducted in structures which are not completely enclosed. The types
of uses found in the GB District aze often brightly lighted and noisy. Permitted uses contained in
this district are such that this district may be used to form a grouping of similar uses along certain
portions of major commercial thoroughfazes. Special attention should be paid to buffering
whenever this district is located adjacent to any residential district or residential uses.
Site plan description:
The total azea of the site is 6.i9 acres. The existing building will be expanded to a 9,945 sq. ft.
structure covering 3.9% of the site. A majority of the existing parking will be removed. Anew
32 space public parking area and a 20 space employee and service parking area both covering
3b,390 sq. ft., or 13.5% of the site, will be constructed. Open space will total 5.07 acres or 81.9%
of the site. Two access points will be provided along Eclipse Drive. Variances requested by the
petitioner for the location of the parking area, access drive, and recreational trail, and for reduced
landscaping was considered and approved by the Area Boazd of Zoning Appeals on April 7,
2010.
Zoning and land use history & trends:
There is no land use or zoning history for this site. The existing structure has been located on this
site for approximately 70 years.
Traffic and transportation considerations:
Eclipse Drive is a two lane private street providing access through Kennedy Park from Bendix
Drive to the south to Westmoor Street to the north.
Utilities:
The proposed structure will continue to be served by municipal sewer and water.
South Bend Park Department and South Bend Animal Control
#2550-10
Page 1 of 2
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
City Plan South Bend Comprehensive Plan November 2006 ,
Objective PF 1.1: Coordinate planning and development activities for municipal buildings
and facilities.
Policies PF 1.1.1: Maintain and upgrade municipal buildings and facilities to provide the
highest level of City services.
Land LJse Plan:
The Future Land Use Map shows this area as institutional which includes all government
facilities.
2. Current conditions and character:
The proposed site is located within Kennedy Park at the northeast corner of Bendix Road and
Goodland Avenue. It includes an approximate 5,300 sq. ft. building which served as a
maintenance facility for the Department of Code Enforcement until 1996. A majority of the site
is currently covered with an existing pazking lot. Eclipse Drive provides access to the existing
building.
3. Most desirable use:
The prior and proposed governmental use of the site meets the objectives of City Plan to enhance
city services. Therefore, continued governmental use of the site is desirable.
4. Conservation of property values:
It is the staffs opinion that the surrounding property values should not be adversely affected.
5. Responsible development and growth:
The proposed redevelopment of a vacant city owned structure is a positive example of adaptive
reuse. The new larger animal shelter will expand the current services provided to the community.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that this petition
be forwarded to the Common Council with a favorable recommendation.
Analysis:
Rezoning the site to General Business will allow the city to redevelop a vacant city owned
structure into a community asset. The new animal shelter will enhance and expand the services,
which are currently provided by South Bend Animal Control, and will blend in with the balance
of the uses within Kennedy Park.
South Bend Park Department and South Bend Animal Control
#2550-10
Page 2 of 2
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Rezoning from:
"SF2" SINGLE FAMILY & TWfJ FAMILY DISTRICT to
"G B" GENERAL BUSINESS DISTRICT
Zoning Key
SOUTH BEND "SF2" SINGLE FAMILYAND TWO FAMILY DISTRICT
SOUTH BEND "OB"OFFICE BUFFER DISTRICT
SOUTH BEND "0"OFFICE DISTRICT
SOUTH BEND "LI" LIGHT INDUSTRIALDISTRICT
SOUTH BEND "GI" GENERALINDUSTRIALDISTRICT
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1 inch = 300 feet
APB ## 255+D-~I~