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Home My WebLink AboutRezone- 1600 Block N. Maplewood ORDII�A�IG� �Io. 8�82-97 Passed by the Common Council oJthe City of South Bend,Indiana May 12, 97 19 Attest: , City Clerk LO TTA .DUD Attest: E" �� President of Common Council Presented by me ta the Mayor of the City of South Bend,Indiana May 13, 19 97 � G�,� City Clerk LORE A J.D A Approved and signed by me May 14, 19 9 7 � C�� Mayor � ORDINANCE NO._��" �� _ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY NORTH OF 1630 NORTH MAPLEWOOD AVENUE IN THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Ordinance No. 4990-68, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of 5outh 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, Sate of Indiana: West one-half(1/2) of Lot Numbered 37 as shown on the recorded Plat of Post Place, a Subdivision in the Southwest Quarter(1/4) of Section Number Thirty-three(33), Township Number Thirty-eight (38)North, Range Number Two (2)East,now within and a part of the City of South Bend. be and the same is hereby established as"D"Light Industrial, "A"Height and Area 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. d�� Filed in Cierk's Offtce ,:t F.��,BiNG .3�/a�g��7+ f��; 2 1 tg97 PiJELIC HEARWG�'��-/ 7 3 rd READING ��-�'��r-f 7 LQR*TTA J. DUDA. NOT APPROVE C�C�gRyC�LU.DEPiT�,�"' REFERRED "'°'"`�'""""'�' PASSED�I��►� !t� �.�E��..3�� I�� COMITTEE REPORT TD THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to wh om was referred �ILL NO. 17-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON THE 1600 BLOCK OF N. MAPLEWOOD STREET, 800 FEET NORTH OF LINCOLNWAY AVENUE IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Council favorably as amended by substitution. Sean Coleman Chairman Date Filed Application No. � �� — / � Date received by the Area Plan Commission 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: Immediately north of 1630 N. Maplewood Avenue. 2) Owners of petition site: Daniel &Mary Pinckert 17502 C.R. 18 Goshen, Indiana 46526 3) Contingent purchaser of petition site: Charles S. Hayes Inc. 814 Marietta Street South Bend, Indiana 46601 4) It is desired and requested that this property be rezoned from"A"Residential, "A"Height and Area to"D"Light Industrial, "A"Height and Area 5) This rezoning is requested to allow the following uses: A radio communications tower and related facilities. 6) Attached is a copy of a) legal description of the property;b) a list of names and addresses of all property owners within 300 feet of the petition property; c) six site plans; and d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Fil�d in Cler��'� �fiftc� ; t-�AR 2 1 1�97 � �o��,-��. �� cmr cle�e.�£a�.c��.fl.��. . Area Plan Commission of St. Joseph County . . • � ' 1140 County-City Building � ' South Bend, Indiana 46601 Roberk W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 April 16, 1997 � The Honorable Common Council �� V f ( �� ` � � _.=� � City of South Bend ! ! L.� �� 1 �� County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Daniel and Mary Pinckert to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located immediately north of 1630 Maplewood Avenue, City of South Bend - APC #1759-97 Dear Council Members: The above referenced ordinance and site development plan of Daniel and Mary Pinckert was legally advertised April 3, 1997. The Area Plan Commission at its public hearing on April 15, 1997, took the following action: Upon a motion by willie Morgan, being seconded by Henry Keultjes and unanimously carried, the proposed ordinance and site development plan of Daniel and Mary Pinckert to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located immediately north of 1630 Maplewood Avenue, City of South Bend is sent to the Common Council with a favorable recoamnendation, subject to a Final Site Development. Plan Transmitter stations and towers are permitted uses in the "C" Commercial and "D" Light Industrial zoning districts, but are not allowed in the "A" Residential District. Under most circumstances the Commission would not encourage the expansion of industrial or commercial zoning into a residentially zoned district. However, this property is located within the Airport 2010 Development Project. The proposed rezoning is compatible with the guidelines set forth in the plan. Therefore, the extension of industrial zoning is appropriate in this particular case, xowever, this ehould not be construed to mean that industrial development is appropriate in residentially zoned areas. 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 £orwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Si ce ely, �,(� �� Ffled ir� ��:��j� Office � b rt . Sante E RWS:sr t�P� 1 � ��7 Attachment LOZ�Tf;:C��:in� CC• Daniel and Mary Pinckert CnYG�+�'a� •rs �"=�t.�.Etd. CC: Charles S. Hayes, Inc. `"�"""'""�'""°""""` Serving South Bend,Lakeville,New Carlisle,North Liberty,Osceola,Roseland and St.Joseph County, Indiana STAFF REPORT April 7, 1997 Daniel and Marv Pinckert 1759-97 Looation: immediately north of 1630 Maplewood Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" I-ieight and Area to "D" Light Industrial, "A" Height and Area to allow a radio communications tower and related facilities. ��STING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north is vacant land and a single family home zoned "A'� Residential, "A" Height and Area; to the east are single family homes zoned "A" Residential, "A" Height and Area; to the south are single family homes zoned "A" Residential, "A" Height and Area; and to the west are industrial and commercial buildings zoned "D" Light Industrial, "F" Height and Area. ACCESS: Access to the site is from Maplewood Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 18,457 square feet. Of that, the buildings will occupy 1,200 square feet, or 6 percent of the site; the parking and drives will occupy 6,220 square feet, or 34 percent of the site; and . 11,037 square feet or 60 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no wetlands or flood hazard areas are present. An Airgort Well is located to the west of the site. The Aratex contamination site is located to the north of the petition area. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the Staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site development plan. Transmitter stations STAFF REPORT April 7, 1997 and towers are permitted uses in the "C" Commercial and "D" Light Industrial zoning districts, but are not allowed in the "A" Residential District. Under most circumstances the Staff would not encourage the expansion of industrial or commercial zoning into a residentially zoned district. However, this property is located within the Airport 2010 Development Project. The proposed rezoning is compatible with the guidelines set forth in the plan. Therefore, the extension of industrial zoning is appropriate in this particular case. However, this should not be construed to mean that industrial development is appropriate in residentially zoned areas. w , . Y1 w . 19 W � > 30 F- � � a N ¢ �p� D°� 1e ° 3, —"— VOORDE a2 16 � 37 20 INDUSTRIAL �S �Q� 7 J4 11 W � ss � V D o� RES. � tJ 2 W � 38 � � 19 PETITION KELLER Q INDUSTRIAL A R E A U �2 � � Q RES. �� O + . � � �e � p � ��RES. � INDUSTRIAL w RES. � �� . � �� Q � J9 � � RES. RES. 9 �o �R ,a , ,9 � � c e� �3 2 RES. RES. 20 7� 1{ ] 8 21 � RES. � O � � /N 72 t7 4 RES. � • Q� .. ��Ny�, � ,z s . R Z -:: W qY � � Y _ .._ . . � COMMERCIAL � D o� 6 U � � Q t 0 RES. I - RES. d ((l � . � I-- — , y I S o • 9 � � � e �,� � m • 2�� U,� �� .�o � Z gLuES.I I `'� 2 e N I p� . , " ..� Y 3 , ' N '6 . �FS T � � 2 ��°� S REZONING FROM: A RESIDENTIAL, A HEIGHT & AREA T0: "D'� LIGHT INDUSTRIAL, '�A° HEIGHT & AREA PETITION AREA � � SOU7H BEND ZONING "A" RESIDENTIAL L.� - "B" RESIDENTIAL 0 APC #1759-97 "C" COMMERCIAL O 0 100 200 400 "C-1" COMMERCIAL 0 r � °D�� LIGHT INDUSTRIAL O : "E" HEAVY INDUSTRIAL 0 � G r a p h i c S c a I e ST. JOSEPH CO ZONING "C" COMMERCIAL O