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Home My WebLink About9525-04 Rezoning 1533 Prairie Ave. - District 6ORDINANCE No. 9525-04 Passed by the Common Council of the Ciry of South Bend, Indiana September 13, Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 14, 04 20 JOHN 20 04 City Clerk Approved and signed by me September 15, 2004 Mayor ORDINANCE NO. ~ ~ 2~~0~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1533 PRAIRIE AVENUE, COUNCILMANIC DISTRICT #6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The existing zoning is Light Industrial and the new zoning will be LB (Local Business). The purpose of the rezoning is to accommodate the construction of a new church building for the Hopewell Baptist Church. The Church will replace the existing church and day care building at 740 Chapin Street which will be demolished to accommodate the relocation of United Drive. A church is a permitted use in the new zoning ordinance. 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: PART OF THE EAST '/z OF THE NORTHWEST % OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST '/< OF SECTION 14 TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA; THENCE NORTH 00"- 00'-00" EAST (ASSUMED) ON THE EAST LINE OF SAID NORTHWEST'/, A DISTANCE OF 441.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE SOUTH 89"-54'-33" WEST ON SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 250.83 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF PRAIRIE AVENUE; THENCE SOUTH 26"-10'-00" WEST ON SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 293.30 FEET TOP THE POINT OF BEGINNING; THENCE CONTINUING ON SAID WESTERLY RIGHT OF WAY LINE SOUTH 26"-10'-00" WEST, A DISTANCE OF 126.00 FEET; THENCE CONTINUING ON SAID WESTERLY RIGHT OF WAY LINE SOUTH 29"-24'-40" WEST, A DISTANCE OF 19.97 FEET TO THE NORTHEAST CORNER OF LOT 171 AS SHOWN ON THE PLAT OF OLIVER'S SECOND ADDITION (AMENDED), RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA IN PLAT BOOK 10, PAGES 116 AND 1 17; THENCE SOUTH 89"-32'-49" WEST ON THE NORTH LINE OF LOTS 171 AND 172 IN SAID OLIVER'S SECOND ADDITION (AMENDED), A DISTANCE OF 232.60 FEET TO THE NORTHWEST CORNER OF SAID LOT 172 AND THE EAST RIGHT OF WAY L[NE OF MC PHEARSON STREET; THENCE NORTH 00"-07'-46" WEST ON SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 131.85 FEET; THENCE NORTH 89"-54'-33" EAST, A DISTANCE OF 298.26 FEET TO THE POINT OF BEGINNING. THE AREA OF THE DESCRIBED TRACT IS 0.800 ACRES, MORE OR LESS. be and the same is hereby established as LB Local Business 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. ~G ~..~1 ember of the Common C uncil Attest: ' Cle Presented by me to the Mayor of the City of South Bend, Indiana on the l y~44. day of o l~`~ 2004, at ~ `' ~~ S o'clock J~.m. ~-- City Clerk /{~~ Approved and signed by me on the ~ day of~, 2004, at /d ~ ~ ~ o'clock a- .m. w %~, Mayor of the Cit South Bend, Indian~~ 1 st READING ~ "~Z' ~0 ~ ` PUBLIC HEARING x,13 -oy ~.S S~S~°~ 3rd READING ~-~3 ~0`~ ~-~ 5 cti~'~S~ '~s~'' NOT APPRO.V~D REFERRED /~,~('~ ~-~Z-oy PASSED G~. ~~ 'o'I cR) S ..~~ ~~--, -~ 1 Filed In Clerl,'~ Office JUL 3 0 ii? JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 41-04 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1533 PRAIRIE AVENUE, COUNCILMANIC DISTRICT #6 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 per Area Plan. Sean Coleman Chairman Date Filed July 7, 2004 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: 1533 Prairie Avenue 2) Name and address of property owner(s) of the petition site: Reinke Construction Corporation 1729 Belmont Street South Bend, IN 46615 574-287-8101 3) Name and address of contingent purchaser(s), if applicable: Indiana Land Trust #3051 918 West Jefferson South Bend, IN 46601 574-233-2104 4) It is desired and requested that this property be rezoned from LI - Liuht Industrial to LB - Local Business 5) This rezoning is requested to allow the following use(s): Construction of a new church for the Hopewell Baptist Church 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. Signature(s),efjAll Property owner(s) Property Owner: C:ontrnf Reinke Construction Co oration Indiana `By_ Printed Name a.-.~ o C ~ Y f Printed Date 7 - 7 ' D y Date #3051 7 led In Clerk's Office JUL 3 0 ~~~ JOHN VOORDE CITY CLERK, S0. BEND, IN. PETITION PREPARED BY: The Robert Henry Corporation 404 S. Frances Street P.O. Box 1407 South Bend, IN 46624 574-232-2091 CONTACT PERSON: (If different) Filed In Clerk's Office J U L 3 0 2004 JOHN VOORDE CITY CLERK, S0. BEND, IN.• Robert A. Henry 404 S. Frances Street P.O. Box 1407 South Bend, IN 46624 574-232-2091 rhenry@roberthenrycorp.com Attachment Item 6) (a) Legal Description: COMMENCTNG AT THE SOUTHEAST CORNER OF THE NORTHWEST '/. OF SECTION 14 TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA; THENCE NORTH 00"-00'-00" EAST (ASSUMED) ON THE EAST LINE OF SAID NORTHWEST Y., A DISTANCE OF 441.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE PENN CENTRAL RAILROAD; THENCE SOUTH 89"-54'-33" WEST ON SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 250.83 FEET TO ITS INTERSECTION WITH THE WESTERLY RIGHT OF WAY. LINE OF PRAIRIE AVENUE; THENCE SOUTH 26"-10'-00" WEST ON SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 293.30 FEET TOP THE POINT OF BEGINNING; THENCE CONTINUING ON SAID WESTERLY RIGHT OF WAY LINE SOUTH 26"-10'-00" WEST, A DISTANCE OF 126.00 FEET; THENCE CONTINUING ON SAID WESTERLY RIGHT OF WAY LINE SOUTH 29"-24'-40" WEST, A DISTANCE OF 19.97 FEET TO THE NORTHEAST CORNER OF LOT 171 AS SHOWN ON THE PLAT OF OLIVER'S SECOND ADDITION (AMENDED), RECORDED [N THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA [N PLAT BOOK 10, PAGES 1 [6 AND 117; THENCE SOUTH 89"-32'-49" WEST ON THE NORTH LINE OF LOTS 171 AND ]72 IN SAID OLIVER'S SECOND ADDITION (AMENDED), A DISTANCE OF 232.60 FEET TO THE NORTHWEST CORNER OF SAID LOT 172 AND THE EAST RIGHT OF WAY LINE OF MC PHEARSON STREET; THENCE NORTH 00"-07'-46" WEST ON SAID EAST RIGHT OF WAY L[NE, A DISTANCE OF 131.35 FEET; THENCE NORTH 89"-54'-33" EAST, A DISTANCE OF 298.26 FEET TO THE POINT OF BEGINNWG. TILE AREA OF THE DESCRIBED TRACT IS 0.800 ACRES, N10RE OR LESS. (c) Statement of the Purpose and Intent: The existing zoning is Light Industrial and the new zoning will be LB Local Business. The purpose of the rezoning is to accommodate the construction of a new church building for the Hopewell Baptist Church. The Church will replace the existing church and day care building at 740 Chapin Street which will be demolished to accommodate the relocation of United Drive. A church is a permitted use in the new zoning ordinance. Filed In Cleriz'e Office J U L 3 0 2004 JOIiP! VOORDE CITY CLERK, S0. BEND, IN. . ,Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 August 18, 2004 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 Reinke Construction Corporation to zone from "LI" Light Industrial to "LB" Local Business, property located at 1533 Prairie Avenue, City of South Bend - APC# 2272-04 Dear Council Members: I hereby Certify that the above referenced ordinance of Reinke Construction Corporation was legally advertised on Thursday, August 5, 2004 and that the Area Plan Commission at its public hearing on Tuesday, August 17, 2004, and the Commission took the following action: Upon a motion by John DeLee, being seconded by Willie Morgan and unanimously carried, the proposed ordinance and site development plan of Reinke Construction Corporation to zone from "LI" Light Industrial to "LB" Local Business, property located at 1533 Prairie Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. This petition is relocating a church as part of the improvement of the United Drive/Chapin Street intersection. As well as down- zoning light industrial property, this use may also serve the residences of the adjacent neighborhoods. 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 legally advertised and heard by the Area Plan Commission. T'he 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. Sincer~ely,~/ ,) (~ / Robert W. Sante RWS:sr Attachment CC: Reinke Construction Corporation Indiana Trust # 1051 Robert Henry. / , Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2272-04 Owner: Reinke Construction Corporation Location: 1533 Prairie Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "LI" Light Industrial to "LB" Local Business to allow a new church. Land Uses and Zoning: On site: The site is vacant. North: To the north are industrial uses zoned "LI" Light Industrial. East: To the east are multifamily uses zoned "MF1" Multifamily and commercial uses zoned "LB" Local Business. South: To the south is a mixed use building zoned "MU" Mixed Use. West: To the west are single-family homes zoned "SF2" Single-family. District uses and development standards: "LB" Local Business is established to provide for a full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Residential bufferyards are required to the east and west. Site plan description: The site plan shows a 3,264 SQ. FT. church with it's associated pazking. This is a thru-lot with frontage on both Prairie Avenue and McPherson Street. The site plan meets all parking standards. Zoning and land use history & trends: This site was zoned "D" Light Industrial under the old ordinance. Under the new zoning classification of "LI" Light Industrial, churches are not a permitted use. There is a residential subdivision to the west of this property. To the north and south of this properly along Prairie Avenue are a vaziety of commercial, mixed use, and industrial zonings and uses. Traffic and transportation considerations: Prairie Avenue is a State Highway at this location. As such, this site will need to obtain 1NDOT approval for the curb cut. The petitioner has stated that in the event a curb cut is not approved, access will be sought from McPherson Street. There are sidewalks present at this location along Prairie Avenue. Across access easement is suggested to the north to aid in ingress/egress from Prairie Avenue. Utilities: This site is serviced by South Bend municipal water and sewer. Additional information: (Agency comments) The City Engineer made the following comments: The new drives need to be concrete in the right-of--way, repair the sidewalks on Prairie Avenue if required, and a drainage plan needs to be approved prior to construction. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: This petition meets the criteria set forth in Goal 3 of the Policy Plan, which relates to strengthening the neighborhoods of the city by promoting adequate civic/community or equivalent facilities and by locating them along a major arterial street. No conflicts with the plan were found. 2. Current conditions and character: Prairie Avenue is a busy arterial street with a variety of commercial, mixed use, and industrial uses along it. There are nearby residential areas that may benefit from the relocation of this church closer to their neighborhood. 3. Most desirable use: Since this site is along a state highway, the most desirable use for this land is expected to be for commercial or light industrial uses. Adequate provisions are set forth in the ordinance to ensure that new development along the highway has a minimal impact on the nearby neighborhood. 4. Conservation of property values: Since this property will be down-zoned from light industrial, the perceived effects on the property values of the adjacent residences is considerably less with uses in "LB" Local Business than if an industrial use were to locate here. 5. Responsible development and growth: Locating a facility such as a church that may have more intense activities along a major arterial street is appropriate for this location. Also, down-zoning industrial land that is adjacent to a residential neighborhood will likely protect the neighborhood from more intense uses. 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. Analysis: This petition is relocating a church as part of the improvement of the Prairie Avenue/Chapin Street intersection. As well as down-zoning light industrial property, this use may also serve the residences of the adjacent neighborhoods. f ~ o '",., ~ I G I~``~ ~~ ~~.. t ~~, ~., COTTER Si, f ~~y .~ ~` i ~~ G rj ` ~ GI '~ N ..~ ~' ~\ ,.~ `~,, --~ --..._______.._.... _ G LI-.._.._.._ ' LI "' RAILROAD EOwARO SL - ~ ..._ __._.. ..... ... - N ~~~ __ ~\ L.B ~ s x 'v ~ _ ~ ~ - - ~. _..._...... _.......__. - < N _.. __ ~ !~%~ __IV U~ i~U L .M U ~ ~.,` IROIANA .NB ~ A~E.M F1 ~ ~ U U ~ ,f l M U SF2- ~ M U -- __ _ __ N _ S NI'~ _;2- ~_ I;~ U ~~-,-.-,~.•-.~-...ICI=~=_ ~~~1-~~_ I= LB MF1 REZONING FROM: "LI" LIGHT INDUSTRIAL TO: "LB" LOCAL BUSINESS SOUTH BEND IXISTING ZONING '~~1-L" ~IIVULC ~-HMILT I ~ "MU" MIXED USE D "LB" LOCAL BUSINESS D "OB" OFFICE BUFFER o "MF1" MULTIFAMILY O "LI" LIGHT INDUSTRIAL D "GI" GENERAL INDUSTRIAL D "GB" GENERAL BUSINESS D 4 APC # 2272-04 O 200 400 800 ~~ u Graphic Scale PETITION AREA ~'~, ~I ~~ /I ~ MU ~~'^l BRUCE ST,