HomeMy WebLinkAbout9724-06 Rezoning 619 N. College Street - District 2ORDINANCE No. s>~<os
Passed by the Common Council of the Ciry of Soutli Bend, Lzdiana
Attest:
JOHN
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
December 12,
06
20
City Clerk
President of Common Council
City Clerk
Approved and signed by me December 13 20 ~_
Mayer
December 11, 20 06
ORDINANCE NO. ~ ~ Z I ~~O
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 619
N. COLLEGE STREET, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT TWO (2) IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The current zoning of the property is SF2 Single Family and Two Family District. The
zoning will be changed to LI Light Industrial District so that the commercial building
currently on the property maybe used to conduct business operations of MCE, INC,
which include the remanufacture and sale of printer toner cartridges and printer repair
and sales.
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 numbered two hundred fifty-one (251), two hundred fifty-two (252), two hundred
fifty-three (253) and two hundred fifty-four (254) as shown on the recorded plat of Raff,
Sibley & Fassnacht's Linden Place Addition to the City of South Bend, recorded May 26,
1891 in Plat Book 5, page 51, in the Office of the Recorder of St. Joseph County, Indiana.
Be and the same is hereby established as LI Light Industrial District.
SECTION II. 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
Attes .
'ty C rk
Member of the Comm Council
Presented by me to the Mayor of the City of South Bend, Indiana on the ~ L~n day of
~2.CQ,vn,,9RA'' , 2006, at 3 ~~ 30 o'clock ~=.m
t ~~
City Cle
Approved and signed by me on the ~ a ~ day of ~-~~- • , 2006, at
~d o'clock ~ .m.
~~
Mayor of the Ci f South Bend, Indiana
~_o~O , `
1st READING ~ ~ ~~ CAS Su~~s~
PUBLIC HEARING 1 ~-'< < 2S s,~s~~
3 rd READING ~ L~~ \'~~'
NOT APPROVI:,Q
REFERRED /~ •P - - ~ 0'~ -0.6
PASSED 1 L ~l-a~ ass .~ ~~'~-~1-
Filed In Cferk's Office
OCT 3 1 2006
JOHN VOORDE
CfTY CLERK, S0. BEND, IN.
~ z f_.o ~,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
72-06 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 619 N. COLLEGE STREET, SOUTH BEND, INDIANA,
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 a favorable recommendation as
substituted by changing from Single Family 2 (SF-2) and "Light Industrial (LI)" to "SF2
Single Family and Two Family District" and "LI Light Industrial District".
Karen L. White
Chairperson
Date Filed:
Date received by the Area Plan Commission:
Application No.:
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:
619 N. College Street
South Bend, IN 46628
2) Name and address of property owner(s) of the petition site:
WHJ, Inc.
1710 Corey Drive, Bremen, IN 46506
574-233-9870
3) Name and address of contingent purchaser(s), if applicable:
E. Michael Presnal, Jr.
648 North College Street
South Bend, IN 46628
574-288-4656
4) It is desired and requested that this property be rezoned
from "SF2" - Single Family 2
to "LI" -Light Industrial
5) This rezoning is requested to allow the following use(s):
Business operation of MCE, Inc., which includes office operations, the remanufacture and sale of printer
toner cartridges, printer repair services, printer sales, and delivery of the aforementioned products and
service.
6) Attached is a copy of (a) the legal description of the property; (b) a statement of purpose and intent; (c) 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; (d) addressed, stamped envelopes for all property owners within 300 feet of the petition prcrRerty; and (e) a
location map, if available, drawn to scale, which includes street names, printed in 8 'h" x 11"format.
Signature(s) o~/All Property Owne~s)
Or Attorney f All Pygperty Owne s)
PETITION PREPARED BY:
Henry Davis
648 N. College St., South Bend, IN 46628
574-288-4656 x 104, Cell (574) 274-0633
henryd@mcetoner.com
CONTACT PERSON: (If different)
E. Michael Presnal, Jr.
648 N. College St., South Bend, IN 46628
574-288-4656 x 102
mikep@mcetoner.com
Area Plan Commission of St. Joseph County '
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni Larry P. Magliozzi
Executive Director Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813
November 28, 2006
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance and site development plan of WHJ, Inc. to zone from "SF2" Single
Family and Two Family Residential District to "LI" Light Industrial District, property
located at 619 College Street, Ciry of South Bend - APC# 2402-06
Dear Council Members:
I hereby Certify that the above referenced ordinance of WHJ, Inc. was legally advertised on
Thursday, November 16, 2006 and that the Area Plan Commission at its public hearing on
Monday, November 27, 2006 took the following action:
Upon a motion by Gerry Phipps, being seconded by Steve Eslinger and carried, the
proposed ordinance and site development plan of WHJ, Inc. to zone from "SF2"
Single Family and Two Family Residential District to "LI" Light Industrial District,
property located at 619 College Street, City of South Bend is sent to the Common
Council with a favorable recommendation. The rezoning is adjacent to the northern
LI Light Industrial District. There have been no proposals to convert the existing site
to any other uses. The rezoning will allow the re-use of a structure that might
otherwise continue to deteriorate.
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,
~.J,~hn W. Byo '
JWB:sr
Attachment
CC: WHJ, Inc.
E. Michael Presnal, Jr.
Henry Davis
y
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
t
Staff Report
APC # 2402-06
Owner: WHJ, Inc.
Location: 619 College Street
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family Residential
District to LI Light Industrial District to allow uses allowed in the LI Industrial District.
Land Uses and Zoning:
On site: On site is a vacant non-residential building zoned SF2 Single Family and Two
Family District.
North: To the north across Longley Avenue is a single family house zoned LI Light
Industrial District.
East: To the east across College Street is a single family house SF2 Single Family and
Two Family District.
South: To the south are two single family houses and undeveloped property zoned SF2
Single Family and Two Family District.
West: To the west is an old rail road corridor.
District uses and development standards:
The LI Light Industrial District is established to provide for development of office/warehouse,
warehouse/distribution, wholesale, assembly and manufacturing or processing facilities which are
clean, quiet, free of hazardous or objectionable elements such as noise, odor, dust, smoke, or
glare. Permitted uses in this district tend to generate heavy traffic, require extensive community
facilities, and may require limited amounts of outdoor storage. The LI District is also intended to
function as a transitional district between the more intense general industrial districts and other
less intense districts.
Site plan description:
The site is 0.35 acres in size (15,180 square feet). The petitioner seeks to reuse the existing non-
residential building for the following business operations of MCE, Inc: office, remanufacture of
printer tone cartridges, printer repair services, printer sales, and delivery. The petitioner filed the
following variances with the City Board of Zoning Appeals: setbacks to allow the building at its
existing location, parking reduction from 12 to eight spaces, no residential landscape buffering on
the west and south property lines, and planting three trees instead of landscape buffering along
the east property line.
Zoning and land use history & trends:
The existing building was previously used for light industrial purposes. The previous zoning of
the property was D Light Industrial with minimum setbacks between 0-5 feet.
Traffic and transportation considerations:
The property is bounded by College Street to the east, Longley Avenue to the north, the rail road
corridor to the west, and an unpaved alley to the south.
Utilities:
The site is served by City of South Bend water and sewer.
WHJ, Inc.
#2402-06
Page 1 of 3
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
Objective A: Ensure that suitable areas are available for future industrial development.
The rezoning is consistent with the Comprehensive Plan economic objectives.
2. Current conditions and character:
The property is located in a transitional area between single family houses to the south and
commercial businesses to the north.
3. Most desirable use:
Because of the existing building, the most desirable land use is light industrial or commercial.
4. Conservation of property values:
The surrounding property values may be unaffected with the reuse of the building, which was not
designed for single-family use.
5. Responsible development and growth:
It is responsible development and growth to allow appropriate and compatible re-use of vacant
buildings.
Recommendation:
Based on information available prior to the public hearing, the staff recommends the petition be
sent to the Common Council with a favorable recommendation.
Analysis:
The rezoning is adjacent to the northern LI Light Industrial District. There have been no
proposals to convert the existing site any other uses. The rezoning will allow the re-use of a
structure that might otherwise continue to deteriorate.
WHJ, Inc.
#2402-06
Page 2 of 3
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REZONING FRAM: "SF2" SINGLE FAMILY RESIDENTIAL
TO: "LI" LIGHT INDUSTRIAL
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SOUTH BEND ZONING s
SOUTHBEND "LI"LIGHT INDUSTRIAL APC # 2402-06
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=SOUTH BEND "SF2" SINGLE FAMILY RESIDENTIAL
1 inch equals 100 feet
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WHJ, Inc.
#2402-06
Page 3 of 3
APC # 2402-06
Owner: WHJ, Inc.
Location: 619 College Street
Jurisdiction: City of South Bend
The Area Plan Commission at its public hearing on Tuesday, November 27, 2006 took
the following action:
Upon a motion by ~~~'V't~ ~lt,t~g ,being seconded by ~,1/Q ~`t1~r
and married, the proposed ordinance and site development
plan of WHJ, Inc. to zone from SF2 Single and Two Family to LI Light Industrial
was sent to the Common Council with a favorable recommendation. The rezoning
is adjacent to the northern LI Light Industrial District. There have been no
proposals to convert the existing site to any other uses. The rezoning will aiiow
the re-use of a structure that might otherwise continue to deteriorate.
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CITY CLEI,K, S0. BEND, IN.
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KeyNo. Name PropertyAddress MailingAddress City State Zip
18-2015-0406 Alfredo Delgado & Jacinta Gomez 1820 Werwinski St. 1820 Werwinski St. South Bend IN 46628
18-2015-0407 Stephen Mndalila 1814 Werwinski St. 346 Pin Oak Circle E. Mishawaka IN 46628
18-2015-0408 Oliver Peterby 1810 Werwinski St. 709 Harrison Ave. South Bend IN 46616
18-2015-0409 Cecelia A. Manzer 1806 Werwinski St. 1806 Werwinski St. South Bend IN 46628
18-2015-0410 Martha Stites 1802 Werwinski St. 427 Howard St. South Bend IN 46617
18-2015-0411 Dennis Stites, Jr. 1720 Werwinski St. 1720 Werwinski St. South Bend IN 46628
18-2015-0413 Dennis Stites, Jr. 629 College St. 427 E. Howard St. South Bend IN 46617
18-2015-0427 Simon N. Mborothi 627 College St. 627 College St. South Bend IN 46616
18-2016-0455 Pauline Califano 1701 S. Main St. South Bend IN 46613
18-2016-0456 Sid Moore % Sidot Inc. 644 College St. 645 Wilber St. South Bend IN 46628
18-2016-0457 Sid Moore Jr. 642 College St. 645 Wilber St. South Bend IN 46628
18-2016-0458 Dorothy D. Moore % Astar 1632 Werwinski St. 645 Wilber St. South Bend IN 46628
18-2016-0459 Dorothy D. Moore % Astar 1628 Werwinski St. 645 Wilber St. South Bend IN 46628
18-2016-0469 Mary Williams 1637 Longley Ave. 1637 Longley Ave. South Bend IN 46628
18-2016-0470 Mae Ola Vasser 1637 Longley Ave. 1637 Longley Ave. South Bend IN 46628
18-2016-0471 Kimberly K. Kilgore 1635 Longley Ave. 1635 Longley Ave. South Bend IN 46628
18-2016-0472 Marcia Bechtel 1633 Longley Ave. 1000 W. Marion St. Elkhart IN 46516
18-2016-0473 Marcia Bechtel 1631 Longley Ave. 1000 W. Marion St. Elkhart IN 46516
18-2016-0474 Sidney Moore 1629 Longley Ave. 645 Wilber St. South Bend IN 46628
18-2016-0475 Erin Real Estate 1621 Longley Ave. 2239 Topswood Lane South Bend IN 46614
18-2013-0296 George L., Jr. and Yvonne Wright 1640 Longley Ave. 1640 Longley Ave. South Bend IN 46628
18-2013-0299 Joseph Lee, Jr. % Lee Anthony 1636 Longley Ave. 221 W. Ewing Ave. South Bend IN 46613
18-2013-0303 Henry Driver 1634 Longley Ave. 826 S. Bendix Dr. South Bend IN 46619
18-2013-0307 Londro C. and Vergie L. Munlin 1632 Longley Ave. 1632 Longley Ave. South Bend IN 46628
18-2013-0311 Kmk Properties, LLC 1630 Longley Ave. PO Box 512 Osceola IN 46561
18-2013-0314 Warren Vernon Rothrock 1628 Longley Ave. 1628 Longley Ave. South Bend IN 46628
18-2013-0318 Rose L Coles and Lonnie R Butler 1626 Longley Ave. 1635 Fassnacht Ave. South Bend IN 46628
18-2013-0295 Matt and Tamara L. Awald 1639 Fassnacht Ave. 334 US 31 S. Lakeville IN 46536
18-2013-0298 Rose L. Coles 1635 Fassnacht Ave. 1635 Fassnacht Ave. South Bend IN 46628
18-2013-0302 KH FUNDING CO. 1633 Fassnacht Ave. 10801 Lockwood Dr., Ste 370 Silver Spring MD 20901
18-2013-0306 Elmer D.V. and Laura A. Conley 1631 Fassnacht Ave. 1631 Fassnacht Ave. South Bend IN 46628
18-2013-0310 Willie Mae Brown 1629 Fassnacht Ave. 628 W. Western Ave., Apt. 223 South Bend IN 46601
18-2013-0313 William Mojica 1627 Fassnacht Ave. 1627 Fassnacht Ave. South Bend IN 46628
18-2013-0317 Phillip E. Bush 1625 Fassnacht Ave. 735 East Bobler Drive Vista CA 92084
18-2013-0292 Paula M. Young 514 N. College St. 514 N. College St. South Bend IN 46628
18-2013-0293 Beatrice Causey 516 N. College St. 516 N. College St. South Bend IN 46628
18-2013-0301 Mr. & Mrs. Willie Hamilton 1632 Fassnacht Ave. 1632 Fassnacht Ave. South Bend IN 46628
18-2013-0305 Willie & Ann Hamilton 1632 Fassnacht Ave. 1632 Fassnacht Ave. South Bend IN 46628
M
18-2013-0309 Kenneth A. Johnson 1630 Fassnacht Ave.
18-2012-0288 New 2 U, LLC V/L on Fassnacht Ave.
18-2012-0284 New 2 U, LLC 1706 Fassnacht Ave.
18-2012-0280 Carl E. & Rosemary Washington 1710 Fassnacht Ave.
18-2012-0276 Carl E. Washington 1714 Fassnacht Ave.
18-2012-0289 Marguerite Watson 1701 Fassnacht Ave.
11368
2617 W. Jefferson Blvd. South Bend IN
PO Box 2544 South Bend IN
PO Box 2544 South Bend IN
1714 Fassnacht Ave. South Bend IN
1714 Fassnacht Ave South Bend IN
97-OS Harding Expressway, Argentine Bldg., Apt. 6E
18-2012-0285 Merritt & Jannie Kareem 1705 Fassnacht Ave. 56208 N. Butternut Rd.
18-2012-0277 Merritt & Jannie Kareem 1709 Fassnacht Ave. 56208N. Butternut Rd.
18-2012-0264 Joseph T. Taylor 1802 Fassnacht Ave. 4454 Huron Cir.
18-2012-0260 Brenda Williams 1806 Fassnacht Ave. 1806 Fassnacht Ave.
18-2012-0288 Kevin Clash 1810 Fassnacht Ave. 1814 Fassnacht Ave.
18-2012-0252 Kevin B. & Debra J. Clash 1814 Fassnacht Ave. 1814 Fassnacht Ave.
18-2012-0248 Qts Corporation % Joan Fellows 1818 Fassnacht Ave. 11 W. Huron
18-2012-0244 Dennis V. Hajducki % Victoria DeBowe-Bellow 1822 Fassnacht Ave.
18-2012-0245 Ulues & Dolores Parker 1823 Fassnacht Ave. 1418 Huffman Dr
18-2012-0249 Amador & Silveria Vazquez 1817 Fassnacht Ave. 414 Evergreen
18-2012-0253 Gene D. Wilkeson 1813 Fassnacht Ave. 21985 S.R. 23
18-2012-0257 Michael Carmona & Irena Jackson 1809 Fassnacht Ave. 1809 Fassnacht Ave.
18-2012-0244 Donald S. Schifferl, Sr. 1805 Fassnacht Ave. 2436 Bow Ct. # $
18-2012-0265 Performance Properties Network II, LLC 1801 Fassnacht Ave. 27475 Ferry Rd. Ste. 135
18-2012-0246 Portirio & Angela Rios 1822 Longley St./606 B rookfield
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18-2012-0250 James & Elnora Chism 1818 Longley Ave. 21930 Sandybrook Dr.
18-2012-0254 Helen Person 1814 Longley St. 1814 Longley St.
18-2012-0258 Helen Person 1810 Longley St. 1814 Longley St.
18-2012-0262 Donovan B. & Doreen A. Diveley 1806 Longley St. 1026 N. St. Peter
18-2012-0266 City of South Bend, Board of Public Works 1802 Longley St.
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18-2012-0214 Dennis O. Stites, Sr. 1801 Longley St. 1801 Longley St.
18-2012-0286 Faith Apostolic Temple Inc. 619 N. College 1318 Lincolnway West
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