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Home My WebLink AboutZoning - 208 East Sample St .r ORDINANCE No. 8666-96 Passed by the Common Council of the City of South Bend, Indiana. April 15, 19 96 lipAr n l Attest: . City Clerk LO TA J. BUD° Attest: /-e-e5 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— April 16, 96 19 d3! A'.._ i ■ City Clerk LORET A J. P f A Approved and signed by me 47-/6 Ig. Mayor ORDINANCE NO. g 6664'6 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 208 EAST SAMPLE STREET, 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 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 PART OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAMPLE STREET WITH THE EAST LINE OF THE RECORDED PLAT OF "BAKER'S FIRST ADDITION" AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE ALONG THE SOUTH LINE OF SAMPLE STREET, S. 890 -44' -10" E., 194.37 FT (EAST, 194.00 FT., RECORD); THENCE S. 000 -44' -42" W., 146.68 FT. TO A POINT ON THE NORTH LINE OF LOT 4 OF SAID RECORDED PLAT; THENCE N. 890 -34' -53" W. ALONG SAID NORTH LINE, 6.91 FT.; THENCE S. 000 -32' - 18" W., 96.41 FT. TO THE NORTH RIGHT-OF-WAY LINE OF OHIO STREET; THENCE ALONG SAID NORTH LINE, N. 890 - 39' - 20" W., 177.44 FT. TO A POINT WHICH IS S. 890 -39' -20" E., 38.50 FT. FROM THE SOUTHWEST CORNER OF LOT 1 IN SAID SUBDIVISION; THENCE N. 000 -27' -47" E., 96.64 FT. TO THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE, N. 89 -34' -53" W., 9.46 FT.; THENCE N. 000 - 34' -34" E., 146.15 FT. (NORTH, 145.0 FT., RECORD) TO THE POINT OF BEGINNING. CONTAINING 1.0459 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as "D" light industrial and E height and area 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. Member of the Common Council COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 10-96 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 208 EAST SAMPLE STREET 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 favorable, as amended by substitution.. Cleo Washington, Chairman Date Filed Application No. / 7o6 Date received by the 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 at: 208 East Sample Street South Bend, Indiana 46601 2] Name and address of property owner [s] of the petition site: South Bend Redevelopment Commission 1200 County-City Building South Bend, IN 46601 [219] 235-9371 3] Name and address of contingent purchaser [s], if applicable: Mr. & Mrs. Charles Pryor Champion Soft Water Co., Inc. 401 Dixie Way N. South Bend, IN 46637 [219] 277-6852 4] It is desired and requested that this property be rezoned from "D" Light Industrial & "B" Residential, E & B Height and Area to "D" light Industrial, E Height and Area 5] This rezoning is requested to allow the following use[s]: The development of a 5,217.60 square foot building for retail, warehouse and manufacturing uses. 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 petitioned property; [c] six [6] site plans; and [d] addressed, stamped envelopes for all property owners within 300 feet of the petitioned property. 7] By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within on [1] year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. ee.r. Ann E. Kolata, Director South Bend Department of Redevelopment 1200 County-City Building South Bend, Indiana 46601 CONTACT PERSON: PETITION PREPARED BY: Ann E. Kolata Gabriel K. Okafor 1 mg- ATTACHMENT "A" Legal Description of the Property THAT PART OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAMPLE STREET WITH THE EAST LINE OF THE RECORDED PLAT OF "BAKER'S FIRST ADDITION" AS RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE ALONG THE SOUTH LINE OF SAMPLE STREET, S. 890 •44' -10" E., 194.37 FT (EAST, 194.00 FT., RECORD); THENCE S. 000 -44' -42" W., 146.68 FT. TO A POINT ON THE NORTH LINE OF LOT 4 OF SAID RECORDED PLAT; THENCE N. 890 •34' -53" W. ALONG SAID NORTH LINE, 6.91 FT.; THENCE S. 000 -32' - 18" W., 96.41 FT. THE NORTH RIGHT-OF-WAY LINE OF OHIO STREET; THENCE ALONG SAID NORTH LINE, N. 890 - 39' -20" W., 177.44 FT. TO A POINT WHICH IS S. 890 -39' -20" E., 38.50 FT. FROM THE SOUTHWEST CORNER OF LOT 1 IN SAID SUBDIVISION; THENCE N. 000 -27' -47" E., 96.64 FT. TO THE NORTH LINE OF SAID LOT 1; THENCE N. 000 - 34' -34" E., 146.15 FT. (NORTH, 145.0 FT., RECORD) TO THE POINT OF BEGINNING. CONTAINING 1.0459 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. • AREA PLAN COMMISSION of ST. JOSEPH _ COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219)235-9571 FAX(219)235-9813 March 20, 1996 The Honorable Common Council City of South Bend County-City Bldg. 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of South Bend Redevelopment Commission to zone from "D" Light Industrial, "E" Height and Area; and "B" Residential, "B" Height and Area, to "D" Light Industrial, "E" Height and Area, property located at 208 East Sample Street, City of South Bend - APC #1706-96 Dear Council Members: The above referenced ordinance and site development plan of South Bend Redevelopment Commission was legally advertised March 7, 1996. The Area Plan Commission at its public hearing on March 19, 1996, took the following action: Upon a motion by Joseph Serge, being seconded by Charles Rogers and unanimously carried, the proposed ordinance and site development plan of South Bend Redevelopment Commission to zone from "D" Light Industrial, "E" Height and Area; and "B" Residential, "B" Height and Area, to "D" Light Industrial, "E" Height and Area, property located at 208 East Sample Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. Since the majority of the surrounding property is zoned "E" Heavy Industrial and "D" Light Industrial, this petition would not create adverse impacts. In the Commission's opinion, the proposed rezoning is appropriate for the area. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Since ly R ert W: an e RWS:sr Attachment CC: South Bend Redevelopment Commission CC: Mr. and Mrs. Charles Pryor CC: Ann Kolata, Director Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • STAFF REPORT March 11, 1996 South Bend Redevelopment Commission 1706-96 Location: 208 East Sample Street City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "D" Light Industrial, "E" Height and Area; and "B" Residential, "B" Height and Area to "D" Light Industrial, "E" Height and Area to allow retail, warehouse, and manufacturing uses. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are industrial uses zoned "E" Heavy Industrial, "F" Height and Area; to the east are commercial buildings zoned "D" Commercial, "E" Height and Area; to the south is the Juvenile Center construction site zoned "B" residential, "B" Height and Area; and to the west are industrial buildings zoned "D" Light Industrial, "E" Height and Area; and vacant land zoned "B" Residential, "B" Height and Area. ACCESS: Access to the site is from Sample and Ohio Streets. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is approximately one acre. Of that, the building will occupy 5,217 square feet, or 12 percent of the site; the parking and drives will occupy 13,437 square feet, or 29 percent of the site; and 26,900 square feet or 59 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: 012 — — —-I Nb.kw.kNIN■,:,....,,,,,NNNN.Niip, - --. ra .4. 1 i c=11 10-1f---_____ .--1:=;71 ,171 E=IfF___ ___4___ oo _44„_ e T I ROUT OF OnAVIA WINER 06+ N 0 •11 tr.e. w' '.�0.'$ 1 30 I O�0 N _ 32 sTREEr ADD. , , Poo 107 d0 1 1 2 3 4 3 8 -MT • 108— eN I 7 9 1012 13 14 1.046--- 104 TUTT l� ST . 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I t l I I I I I ~� LI- KEASEY _.——C-71 20 9 A I ( 2 3 4 6 6 7 8 0 1 0 1 1 1 2 13 14 15 16 17 18 19 _121_ 1 1 10 Q 8 i I J ail - ELDER p ° ST . Jo �.6..-�,.��.� 1, U AE 1 is t- - AC AA A8 22 23 24 28 26 27 28 29 30 31 32 33 34 36 36 37 38 Q 1� .-. M C U 14 .8 1 WENGER r--, P I 1l1 I REZONING FROM: "B" RESIDENTIAL, "B" HEIGHT & AREA AND: "D" LIGHT INDUSTRIAL, "E" HEIGHT & AREA TO "D" LIGHT INDUSTRIAL, "E" HEIGHT & AREA SOUTH BEND ZONING Aldithk "B" RESIDENTIAL 1 I PETITION AREA ■■■■■■■■ "C" COMMERCIAL I I 0 100 200 APC #1706-96 "D" LIGHT INDUSTRIAL I I 1,6 "E" HEAVY INDUSTRIAL I I Graphic Scale