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Home My WebLink About8430-93 Zoning Ordinance - 3303 Portage Ave ORDINANCE No. 8430-93 Passed by the Common Council of the City of South Bend, Indiana_ _ November 8, r� _ Attest: City Cic Clerk IRENE K. GAMMON Attest: �a-O" G President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— November 9, 19 93 City Clerk IRENE K. GAMMON Approved and signed by me /0/j() Ig93 ��`�' Mayor • ORDINANCE NO. 9,2O -9,2 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3303 PORTAGE AVE. IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. 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: Lot 2 of Dobson's Minor Subdivision be and the same is hereby established as "D" Light Industrial and "F" 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. Member of qty Common Council • Date Filed Application No. 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 ordiance as herein requested. 1) The property sought to be rezoned is located at: 3303 Portage Ave. South Bend, In. 46628 2) Name and address of property owner of the petition site: James R. Machowiak 50777 Lilac Road South Bend, In. 46628 3) It is desired and requested that this property be rezoned from D light Mfg. , F Height and Area to D - light Mfg. , Fr•' Height and Area 4) This rezoning is requested to allow the following use (s) : Mini-Storage building 5) 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; and (c) five (5) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 6); 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 one (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. Petition Prepared By: Contact Person: Tim E. McCollough James R. Machowiak 818 Hall Ave. 50777 Lilac Road P.O. Box 1147 South Bend, In. 46628 Elkhart, In. 46515 (219) 277-8144 (219) 294- 2227 • • Legal Description of 3303 Portage Ave. , South Bend, Indiana,46628 That part of the Northwest quarter or Section 27, Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Section Eight (8) and Section Nine'(9) of Portage Place Apartments as recorded by Document Number 8513274 in the records of the St. Joseph County, Indiana Recorder's Office. Containing 4.264 Acres. Addresses of property owners within 300 feet of petitioned property 1) Mark Dobson 227 E. Cleveland Road, Suite 5 Granger, In. 46530 2) Dwellco II limited Partnership/ Reilly Mortgage Group, Inc. 1951 Kidwell Dr., Suite 700 Vienna, Ba. 22182 3) Amouri Incorporated 3320 Portage Ave. South Bend, In. 46628 • Qnranttttrr Irpnr# Qin die Common &unril of the fang of 16outly nth Your Committee of the Whole to whom was referred BILL NO. 79-93 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3303 PORTAGE AVE. , 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. Thomas Zakrzewski Chairman 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 October 20, 1993 �" p�� j 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 James R. Machowiak to zone from "D" Light Industrial, "F" Height and Area to "D" Light Industrial, "F" Height and Area, property located at 3303 Portage Avenue, City of South Bend - APC #1549-93 Dear Council Members: The above referenced ordinance and site development plan of James R. Machowiak was legally advertised on October 7, 1993. The Area Plan Commission at its public hearing on October 19, 1993, took the following action: Upon a motion by Harold Means, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of James R. Machowiak to zone from "D" Light Industrial, "F" Height and Area to "D" Light Industrial, "F" Height and Area, property located at 3303 Portage Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to the landscaped screening shown on previously approved site plans for this site being installed prior to Final Site Plan approval. The proposed expansion will not substantially alter the existing use of the property. If the screening is installed, the rezoning should not have a negative impact on the surrounding residential development. 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. Sincerely, Richard S. Johnson RSJ:sr Attachment CC: James R. Machowiak CC: Tim E. McCollough Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN • STAFF REPORT October 8, 1993 James R. Machowiak 1549-93 Location: 3303 Portage Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "D" Light Industrial, "F" Height and Area to "D" Light Industrial, "F" Height and Area to allow the expansion of a mini-warehouse development. EXISTING LAND USE: The property contains seven mini-warehouse buildings. SURROUNDING LAND USE AND ZONING: Located to the north is the Indiana Toll Road; to the east is a convenience store, service garage, and a car wash zoned "C" Commercial; and to the south and west is an apartment complex zoned "B" Residential. ACCESS: Access to the site is from Portage Road. 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 2.46 acres. Of that, the buildings will occupy 38,100 square feet, or 35 percent of the site; the parking and drives will occupy 53,227 square feet, or 50 percent of the site; and 15,900 square feet or 15 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: Previous site plans approved for this site have indicated that landscaped screening would be installed along the south and west property lines. This required screening has not yet been installed. . 8,,"4 .44 4, if E ar t ' ,,' ,07 a- / " er` r7A.44SM' a J �K'a+ 29 �3 .%"•4T'' 'I'l a y� � fit (Vq kr s I Sc }s � >' OfaF ��'�' `bit �` �'� � ��'�f ¢�`�.' . ``��` \: � 9 tr yew,/ J CC �� ,° � APC 1890-9• APC 1256.89 MOT 549.91 `` A AUDI' 506.86 J C i � GERMAN PORTAGE (11:V" � a T � �.9`f' � K1 p5/ I ∎R MAPLE LN l , I am,,MA ,� r 9/NESS�� r ' CT. x ' V :! _4 Q „ , °:','`x - w�.- yr e- ; ,t a..k x t 41-4-;!:°,r s s�k ST. JOSEPH COUNTY HOME ��t c' ..,. } , "--.4. ?- � ^4.z i ;;ems Fez 0,,-.461--... x a ,-. 'y. a4 r.�s<"k7s'' .} "',c--, .- L s ,'P1 r cry -nom � � A�'a 4 �� ' � '4�� \ \ pLLA D �. DR. r_-_ o r COUNCIL OAK OR / COUNCIL OAK DR. n I ) �-\ RIBOURDE ` (- -- � I I REZONING FROM: "D" LIGHT INDUSTRIAL, "F" HEIGHT AND AREA APC #1549-93 TO: "D" LIGHT INDUSTRIAL, "F" HEIGHT AND AREA PETITION AREA SOUTH BEND ZONING "A" RESIDENTIAL "B" RESIDENTIAL "C" COMMERCIAL "D" LIGHT INDUSTRIAL I I "E" HEAVY INDUSTRIAL -- N - COUNTY ZONING "R" RESIDENTIAL I I Q "0" OFFICE "B" BUSINESS NORTH