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Home My WebLink About10021-10 Rezoning- 850 Fellows St.-Passed 07-12-10ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana July 12, 20 10 Attest: RDE Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana July 13, 10 ZO City Clerk President of Common Council City Clerk Approved and signed by me ~ u t y 13 , 20 10 c-l' Mayor ORDINANCE NO. ~ ~ O 2., l _ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 850 FELLOWS STREET, SOUTH BEND, INDIANA 46601-3121, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT WHEREAS, the property located at 850, Fellows Street, South Bend, Indiana 46601-3121, is currently zoned LI Light Industrial District; and WHEREAS, H. G. CHRISTMAN CONSTRUCTION CO., INC. wishes to rezone the property located at 850 Fellows Street, South Bend, Indiana 46601-3121, to GI General Industrial District; and WHEREAS, rezoning the property located at 850 Fellows Street, South Bend, Indiana 46601-3121, is necessary in order that the property may be used and/or owned by LTODD, LLC and/or Rylynn, LLC, d/b/a Bestway Towing, for a wrecker service; 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: Lot Lettered `V' as shown on the plat of Monroe-Sample Replat recorded January 31, 1990 in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 9002533 be and the same is hereby established as GI General Industrial District. SECTION II. This ordinance shall be in full force and effect om d after ' passage by the Common Council, approval by the Mayor, and legal publica Member of the Common Council a Presented by me to the Mayor of the City of South Bend, Indiana on the ~ ~ X11 day. of ~ ~ , 2010, at ~ 0~- Y S o'clock ~_.m. _ ~Cir,~-~-, City Clerk Approved and signed by me on the l3 ~ day of/, 2010, at ~~ - J~ )~ o'clock ~ .m. (. ~~~ Mayor of the City of South Bend, Indiana S,~o _ l~ 1 st READING ~ ~ q. S S u~s'~'~-~`~~~ PUGLIC HEARING 1- I L'o ct s S u~ ~ ~^-'~~ rd READING ~ -lL-~ MOT APPROVED ~a , ` .~ REFERRED ~ `~' S ~~ t PASSED ~-tL_~o 2s su-~J 4d ~1~~~ ~~ Cpl;!"~~'a ~'~fICB ~lAY 2 5 2~1Q JOHN VOORDE CITY CLERK, S0. BEPlD, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 24-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 850 FELLOWS STREET, SOUTH BEND, INDIANA 46601-3121, COUNCILMANIC DISTRICT 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 no recommendation due to a lack of a quorum and as substituted by a title change. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission Application N 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 at: 850 Fellows Street,.South Bend, Indiana 46601-3121 2) Name and address of property owner(s) of the petition site: H. G. Christman Construction Co., [nc. 850 Fellows Street, South Bend, Indiana 46601-3121 Telephone: (574) 287-2827 ~~) Name and address of contingent purchaser(s), if applicable: LTODD, LLC 1530 S. Walnut Street, South Bend, Indiana 46619 (574) 289-8984 4) It is desired and requested that this property be rezoned from Light Industrial District to General Industrial District 5) This rezoning is requested to allow the following use(s): Wrecker service operated by Rylynn, LLC, d/b/a Bestway Towing. 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'/z" x 11"format. nA ~ ~(~ o PETITION PREPARED BY: David L. Mirkin Attorney at Law 112 W. Jefferson Blvd., Suite 400 South Bend, IN 46601 Telephone: (574) 232-3393 dmirkin@mirkinlaw.com CONTACT PERSON: ([f different) Same File Irt ~l~I~l~.'~ ~~~~~~ 1,9 AY ` 5 2010 Jc~t~ ~~•c~. ~~~ ~. c~v ctr~;, ~.'~. •.~, ,~ EXHIBIT A TO LTODD, LLC PETITION FOR REZONING 850 FELLOWS STREET SOUTH BEND, INDIANA 46601-3121 Lot Lettered `V' as shown on the plat ofMonroe-Sample Replat recorded January 31, 1990 in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 9002533. ~[ P, 1't~ AY _ J "cOl~ CITY C~.._.~w~.._.:~.w~'._~~t' ~.-' PARCELID NAME_1 MAILINGADD MAILINGCIT MAILINGSTA MAILINGZIP MOSSBERG & 301 E Sample 018-3024-0899 COMPANY INC St South Bend IN 46601 TOROK WILLIAM 17940 Drury 018-3024-0901 A JR Lane Granger IN 46530 CURTIS 018-3092-3513 PRODUCTS INC P O Box 1107 South Bend IN 46624 018-3092-3504 PAI PROPERTIES P O Box 30 South Bend IN 46624 FAMILY & CHILDRENS CENTER PROPERTY MANAGEMENT 1411 018-7009-0360 CENTER INC Lincolnway W Mishawaka IN 46544 CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMEN 1200 County 018-7018-0754 T City Building South Bend IN 46601 CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMEN 1200 County- 018-7018-0753 T City Building South Bend IN 46601 SEGO JAMES 501 E Sample 018-3036-1366 RAY JR st south Bend IN 4sso1 018-3035- cITY of so BEND DEPT OF 1200 County 133301 REDEVEL City Bldg South Bend IN 46601 MOSSBERG AND 301 E Sample 018-3024-0897 COMPANY INC St South Bend I N 46601 MOSSBERG AND 301 E Sample 018-3024-0898 COMPANY INC St South Bend I N 46601 MOSSBERG & 3 01 E Sample 018-3024-0900 COMPANY INC S t South Bend I N 46601 1, . . HARBOR 802 Fellows 018-3032-1216 METALS LLC St South Bend IN 46601 H G CHRISTMAN CONSTRUCTION 018-3036-1365 CO. INC P O Box 4117 South Bend IN 46634 018-3035- CITY OF SOUTH 1300 County 132301 BEND City Building South Bend IN 46601 MOSSBERG AND 301 E Sample 018-3024-0869 COMPANY INC. St South Bend IN 46601 CITY OF SOUTH BEND DEPARTMENT 018-3032- REDEVELOPMEN .County City 124901 T Bldg South Bend IN 46601 CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMEN .County City 018-3032-1249 T Bldg south Bend IN 46601 CITY OF SO _ BEND DEPT OF 018-3032-1250 REDEVEL Co-City Bldg South Bend IN 46601 CITY OF SOUTH BEND DEPT OF REDEVELOPMEN .County City 018-3032-1251 T Bldg South Bend IN 46601 018-3024- cuRris 090101 PRODUCTS INC P O Box 1107 South Bend IN 46624 HARBOR 802 S 018-3092-3512 METALS LLC FELLOWS South Bend IN 46601 HABITAT FOR HUMANITY OF ST JOSEPH 402 E SOUTH 018-7008-0300 COUNTY INC ST South Bend IN 46601 ART MOSIAC AND TILE 018-3092-3508 COMPANY OF SB 844 S Rush South Bend IN 46601 018-3092-3506 PAI PROPERTIES PO BOX 30 South Bend I N 4662 h1 AY - ~ 2C ~~ 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 www.stjosephcountyindiana.com/areaptan Fax 574 235-9813 June 16, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of H. G. Christman Construction Co., Inc. to zone from LI Light Industrial District to GI General Industrial District, property located at 850 Fellows Street, City of South Bend - APC# 2554-10 Deaz Council Members: I hereby Certify that the above referenced ordinance of H. G. Christman Construction Co., Inc. was legally advertised on Thursday, June 3, 2010 and that the Area Plan Commission at its public hearing on Tuesday, June 15, 2010 took the following action: Upon a motion by Gary Gilot, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of H. G. Christman Construction Co., Inc. to zone from LI Light Industrial District to GI General Industrial District, property located at 850 Fellows Street, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow an adaptive reuse of a prior industrial property and will assist in establishing a productive use for an underdeveloped property. Although the proposed use is more intense than those allowed in the current LI Light Industrial District, a wrecker and towing business will not be out of character with the existing adjacent uses. The prior use of the site included a lazge amount of outdoor storage similar to amount of outdoor storage being proposed. The nearest residential uses are located north of Bronson Street and are buffered from the site by less intense light industrial uses. The deliberations of the Area Plan Commission and points considered in arriving at the above decision aze shown in the minutes of the public hearing, and will be forwazded to you at a later date to be made a part of this report. Sincerely, ~` Jo n W. Byorni JWB:jsc Attachment CC: H. G. Christman Construction Co., Inc. LTODD, LLC David L. Mirkin, Attorney at Law Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Resort APC # 2554-10 Owner: H. G. Christman Construction Co., Inc. Location: 850 Fellows Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to GI General Industrial District to allow a wrecker service. Land Uses and Zoning: On site: On site is an existing two-story warehouse structure and one outbuilding. North: To the north is a heat treating and brazing processing company zoned LI Light Industrial District. East: To the east is a vacant lot and a the contractor zoned LI Light Industrial District. South: To the south is the Penn Central rail line. West: To the west is an excavating and demolition contractor 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 total area is approximately 2.3 acres. The existing buildings cover approximately 17,030 square feet or 17% of the site. Eight pazking spaces aze provided and together with the other paved pazking azeas cover 2,000 squaze foot or 2% of the site. The remaining 81% of the site is open space consisting of vegetated landscaped azeas, outdoor storage areas, and a proposed storm water retention basin. Variances were granted by the Boazd of Zoning Appeals for reduced front and side yazd setbacks for the existing buildings and from all required landscaping. Slats will be added to the existing chain link fence. Zoning and land use history & trends: According to our agencies historical zoning maps, the property was zoned D Light Industrial prior to the 2004 update of the City Zoning Ordinance. The 1966 aerial shows this site and the property to the west as being industrial or vacant while the properties to the north and east were lazgely residential. However, between 1971 and 1986, all the adjacent properties were converted to industrial uses as a part of the Monroe Pazk Industrial Park development. The existing structures have been located upon this site since approximately 1945. Traffic and transportation considerations: Both Fellows Street and Rush Street aze two lanes. Utilities: The site will continue to be served with municipal sewer and water. H. G. Christman Construction Co., Inc. #2554-10 Page 1 of 3 Additional information: (Agency comments) The Department of Community & Economic Development referred this site to the petitioner as a possible location for relocating Bestway Towing from its current site at 1530 South Walnut Street. This recommendation was made after the petitioner sought to relocate to 1313 Prairie Street, which is located immediately to the west of the Ignition Park development site. Therefore, the Department of Community & Economic Development recommends in favor of the rezoning subject to the provision of adequate screening. Type B landscaping is recommended, at a minimum, along both Rush Street and Fellows Street. The County Surveyor, County /City Building Department, and City Engineering Department have no comments. 5 Criteria (per IC 36-7-4603): 1. Comprehensive Plan: Policy Plan: City Plan City of South Bend. Indiana (November 2006): Objective ED I.2: Encourage reuse of abandoned and underutilized land and structures, Objective ED 2.1: Provide incentives to attract and retain businesses. Land Use Plan: The Future Land Use Map shows this area as Light Industrial. Plan Impiementation/Other Plans: South Bend Central Development Area -Development Plan (July 2008): ILC. Development Plan Goals 3. To increase the level of private investment and reinvestment in the area. 5. To increase jobs within the area by retaining and attracting both customer service, business service, and light industrial uses. II.D. Development Plan Objectives 3.h. To develop and maintain a high quality industrial park. III.A. Land Use -Monroe Park 3.b. Area J: This area is designated for industrial use. 2. Current conditions and character: The site is currently unoccupied. However, the current owner, H.G. Christman, Inc., previously operated a general contracting and construction management business on the site. When occupied, the site included a large amount of outdoor storage for various types of construction materials, equipment and trailers. Properties immediately adjacent to the site include an excavating and demolition contractor with outdoor storage and light industrial uses where a majority of the fabrication, processing and general operations occur within the buildings. The nearest residential uses are located over 650 feet to the north across Bronson Street. 3. Most desirable use: The most desirable use for the site is industrial since it lies within the Monroe Industrial Park, an area consisting of primarily light industrial and manufacturing uses. Even though the intended use and proposed GI General Industrial District zoning classification allows for, more intensive uses, the proposed wrecker and towing service is not out of character with the area and adjacent uses. 4. Conservation of property values: Surrounding property values should not be negatively affected since the proposed use is compatible with the adjacent industrial and manufacturing uses. H. G. Christman Construction Co., Inc. #2554-10 ` Page 2 of 3 5. Responsible development and growth: The proposed use is responsible growth and development since the site lies within an established industrial park. No residential uses are located immediately adjacent to the site. The site will be buffered from the residential areas to the north across Bronson Street by other less intense industrial uses. Recommendation: Based upon information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow an adaptive reuse of a prior. industrial property and will assist in establishing a productive use for an underdeveloped property. Although the proposed use is more intense than those allowed in the current LI Light Industrial District, a wrecker and towing business will not be out of character with the existing adjacent uses. The prior use of the site included a lazge amount of outdoor storage similar to amount of outdoor storage being proposed. The nearest residential uses are located north of Bronson Street and are buffered from the site by less intense light industrial uses. H. G. Christman Construction Co., Inc. #2554-10 Page 3 of 3 itezoning from: "LI" LIGHT INDUSTRIA~.L DISTRICT to "GI" GENER~.L INDUSTRIAL DISTRICT Zoning MCey SOUTH BEND "MF1"URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "LB" LOCAL BUSINESS DISTRICT SOUTH BEND "GB" GENERAL BUSINESSDISTRKT SOUTH BEND "LI" LIGHT INDUSTRIALDISTRICT N W ~ E ~~. 1 inch = 2~~ f~~t ~~ ~~~~~