HomeMy WebLinkAbout10205-12 Zoning - Property located at 4626 Burnett Dr ORDINANCE No . 10205-12
Passed by the Common Council of the City of South Bend,Indiana
December 10, 20 12
Attest: -r �40.--) City Clerk
JOHN •OR.9E
4
Attest: A1 President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 11, 20 12
_... - ke' - City Clerk
JO VO 6'RDE
Approved and signed by me Pt el/4$£ 33 20 la
Mayor
ORDINANCE NO. _ I OW,
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4626 BURNETT DRIVE, SOUTH BEND, INDIANA, 46614,
COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONERS DESIRE TO REZONE THE PROPERTY FROM GI GENERAL
INDUSTRIAL DISTRICT TO GB GENERAL BUSINESS DISTRICT TO OPERATE A
KENNEL WITH OUTDOOR RUNS.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, 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 SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37
NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 11 OF THE PLAT OF
"BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST
JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 1.24 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
be and the same is hereby established as GB General Business 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.
Mem.er of the Common Council
2
Attest:
Ci
Pres nted by me to the Mayor of the City of South Bend, Indiana on the i
day of , 20 (2— , at L l l 33 o'clock q .m.
City Cl , ,- 1
Approved and signed by me on the /3 day of A i ((.4i R f t
20 U. , at q o'clock A .m.
Mayor of -- " ity �f' :end, Indiana
Filed in o ric's Nil
���
OIL. . OPT 11Z
st READ l
PULL C HEARING '
3rd ��'::��,�z;vG (1 -tL .�+�� 'tfi�,� . .
CITY 01.1104!, 1,1 0 ND,IN
PASSED L-1/..)kb -1 -
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
60-12 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 4626 BURNETT DRIVE, SOUTH
BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO.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.
This bill was heard by the Zoning &Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
•
PETITION FOR A COMBINED HEARING
City of South Bend, Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested and to the Area Plan Commission to grant the following variance(s):
1) The subject property is located at:
4626 Burnett Drive, South Bend, Indiana 46614
2) The property Tax Key Number(s)is/are: Key#1:23-1043-3014
3) Name and address of property owner(s)of the petition site:
Swiggard Properties LLC
931 Seaco Court
Deer Park, Tex s 77536
Ph.No. (a8/)gag -/91(
E-Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
Pet Refuge
2300 6th Street
Mishawaka,Indiana 46544
574-234-7870
E-Mail Address N/A
5) It is desired and requested that this property be rezoned:
From: GI General Industrial District
To: GB General Business District
6) This rezoning is requested to allow the following use(s): Kennel with outdoor runs.
7) If applicable,a detailed description and the purpose of the variance(s)being requested:
The Petitioners, Swiggard Properties LLC,have been the owners of the real estate at 4626 Burnett Drive
for the several years as shown in the records of the Auditor's office. They have been approached by Pet
Refuge who desires to re-locate their present Mishawaka facility to this new location, which will provide
them with additional space to care for animals,which are entrusted to them.
Based on discussions with the Building Department and Area Plan Commission staffs, in order for the
Pet Refuge to relocate to this site, the property would be required to be Rezoned and a few Variances
would be needed to use the property as shown on the attached site plan. The existing property had been
used for industrial purposes in the past and is presently vacant. The Pet Refuge, which is considered a
Kennel, is not allowed as a permitted use in the existing GI General Industrial zoning classification. The
property will require rezoning to the GB General Business District classification, which permits Kennels.
Once the Rezoning is initiated,the property is required to be brought up to all the developmental standards
of the zoning district being requested. In this particular situation, the Rezoning necessitates that a few
Variances be approved as well. Shown below are the Variances being requested for the property:
1).A Variance from the requirement of providing perimeter trees at a minimum rate of one(1)over-story
•
2
deciduous tree every forty (40) feet to providing perimeter trees at a spacing of a maximum of eighty
(80)feet on center along the frontage of Burnett Drive and no additional perimeter trees along the north
or east property lines of the site.This site is part of an old industrial park in the City and the addition of
trees along the north and east property lines adjacent to existing industrial sites would be extreme,as this
type of landscaping is not needed against industrial sites.The continent purchaser is willing to place trees
every 80 feet along the Burnett street frontage,where they can provide a pleasant streetscape for the new
use. The petitioner and contingent purchaser do not believe approval of this Variance would have a
detrimental affect on any adjacent property.
2).A Variance from the requirement of providing a minimum 24 it aisleway in the shown north parking
area and south parking area to a minimum of 16.5 ft.as shown.The Petitioners are requesting to be able
to have a smaller than required driveway for their proposed parking area.They would state that the
existing driveways accessing the north and south parking areas were built previously for the industrial
use.They would state that the Pet Refuge could use these existing driveways without creating any
difficulties for patrons visiting the facility.They do not have the same turnover rate for cars entering and
exiting the site,as would a retail use.They believe the existing driveways are quite satisfactory for their
facility.The Petitioners do not believe approval of this Variance will adversely affect the surrounding
properties.
3).A Variance from the requirement of providing a minimum of 38 parking spaces(Le. 12 spaces for
3,200 sq.&of office area and 26 spaces for 10,400 sq.fl.of Veterinary Hospital area)to a minimum of
15 spaces as shown.
The Petitioners are requesting to reduce the required number of provided parking spaces for the new
use.The Zoning ordinance bases the number of spaces to be provided on the use of the building.
Parking for office space is calculated at a rate of 3.5 spaces per 1,000 sq.ft.of office area.The Pet
Refuge does not need to have 12 spaces for the existing office area.They will have on-site not more than
5 employees.The second amount of spaces required for the building is based on providing parking for a
Veterinary Hospital.That is the closest use that is listed in the Ordinance for the Kennel area for the Pet
Refuge.Again this amount of parking does not relate to the proposed use.The Pet Refuge will not
require 26 parking spaces for the area used to house the animals that they care for on site.The
Petitioners and contingent purchaser would not want to pave additional parking spaces,which would go
unused and would create additional storm water runoff on the site.The Petitioners do not believe
approval of this Variance will have a negative impact on adjacent properties.
8) A statement on how each of the following standards for the granting of variances is met
The Petitioners would state that their property is located in the urban core on an old industrial site.
The Petitioners believe that the reuse of the industrial site to a new use,the Pet Refuge would fit well in
this industrial subdivision.The few requested Variances reflect a situation that exists for reuse of
existing building sites.The building has existed for decades and pre-dates revised zoning ordinance
developmental standards.The Petitioners would state that the approval of the above requested Variances
will not be injurious to the public health,safety,morals and general welfare of the community.As
envisioned the proposed improvements will place landscaping on-site where none presently exists.This
will increase the public health,safety,morals and general welfare of the community.
The Petitioners would also state that the use and value of the area adjacent to the property included in
the Variances will not be affected in a substantially adverse manner.The site as proposed will provide
more streetscape landscaping than has existed before.The proposed improvements should help to
stabilize values for industrial properties adjacent to the site.
The Petitioners would state that the strict application of the terms of this Ordinance would result in
practical difficulties in the use of the property.
9).If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also
be submitted.
The Petitioners have supplied a site plan to help show the proposed improvements and reflect the
r
3
Requested Variances.
10) If applicable,a detailed description and purpose of the Special Exception(s)being requested:
N/A
11) A statement on how each of the following standards for the granting of a Special Exception is met:
The Petitioners would state that the proposed use will not be injurious to the public health,safety,
comfort,community moral standards,convenience or general welfare.
The Petitioners would state that the proposed use will not injure or adversely affect the use of the
adjacent area or property values therein.
The Petitioners would state that the proposed use will be consistent with the character of the district
in which it is located and the land uses authorized therein.
The Petitioners would state that the proposed use is compatible with the recommendations of the
City of South Bend Comprehensive Plan.
12) In the case of a Special Exception,the petitioner shall be held to the representations made on the
Preliminary Site Plan.
13) Applications for subdivisions should be obtained from the office of the Area Plan Commission.
14) Attached,and made a part of this PETITION,is:
(a)a copy of a legal description of the property;
(b)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;
(c)17 site plans;and
(d)addressed,stamped envelopes for all property owners within 300 feet of the petition property.
Signature(s)of All Property owner(s),or
signature of Attorney fo • ope wner(s,�i' Ii�I
���t► :garrd Properties LLC
931 Segeo Court
Deer Park Texas 77536
Ph.No. 1241)`335 - (9BFS
PETITION PREPARED BY&CONTACT PERSON:
Name: Danch,Harner&Associates,Inc.
Address: 1643 Commerce Drive
South Ben4 Indiana 46628
574-234-4003 mdanch @danchharner.con
Flied in Clerk's Office
Cr t A CLARK,SOUTH
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 37 NORTH, RANGE
2 EAST,CENTRE TOWNSHIP,CITY OF SOUTH BEND, ST.JOSEPH COUNTY,INDIANA WHICH
IS DESCRIBED AS: LOT # 11 OF THE PLAT OF "BURNETT INDUSTRIAL PARK" AS
RECORDED IN THE RECORDS OF THE ST.JOSEPH COUNTY,INDIANA RECORDER'S OFFICE.
CONTAINING 1.24 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS,EASEMENTS AND RESTRICTIONS OF RECORD.
Filed in Cleric's Office
L 01 " 3 2012
CITY CL7S44.SOW* END,IN
q2)C JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571
Wednesday,November 21,2012
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Swiggard Properties, LLC to zone from GI General Industrial District to GB General
Business District,property located at 4626 Burnett Drive, City of South Bend-APC#2654-12.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Swiggard Properties,LLC was legally advertised on
Thursday,November 08,2012 and that the Area Plan Commission at its public hearing on Tuesday,
November 20,2012 took the following action:
Upon a motion by Karl King,being seconded by Phil Sutton and unanimously carried,the proposed
ordinance of Swiggard Properties,LLC to zone from GI General Industrial District to GB General
Business District,property located at 4626 Burnett Drive, City of South Bend, is sent to the
Common Council with a favorable recommendation. The rezoning to GB General Business District
will allow the site to host businesses that can co-exist within a small,mixed-use industrial park.
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,
W/66944,4,(1..
ohn W.Byorni
Attachment
CC: Swiggard Properties, LLC �r..v ..
Pet Refuge Filed in `:. �3} :s y€
Danch Hamer&Associates t Office
F -2orTnxa awe',
N-OV 21 2012
CITY CLERK,SOUTH REND,IN
SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND
— I
wwwstjosephcountyindiana.corn/Areaplan
Staff Report 1 1/8/2012
APC# 2654-12
Owner: Swiggard Properties, LLC
Location: 4626 Burnett Drive South Bend 46614
Jurisdiction: City of South Bend
Public Hearing Date: 11/20/2012
Requested Action:
The petitioner is requesting a zone change from GI General Industrial District to GB General
Business District to allow a kennel with outdoor runs, and three variances from the development
standards.
Land Uses and Zoning:
On site: On site is an existing industrial building.
North: To the north is Silverline Molds zoned GI General Industrial District.
East: To the east is Kodiak Range zoned GI General Industrial District.
South: To the south is Michiana Restoration and City Awning zoned GI General
Industrial District.
West: To the west is All Secure Self Storage zoned GI General Industrial District.
District Uses and Development Standards:
The "GB" General Business District is established to provide a location for those retail sales and
service functions whose operations are typically characterized by: outdoor display or sales of
merchandise; major repair of motor vehicles; commercial amusement and recreational activities;
or, activities or operations conducted in structures which are not completely enclosed. The
types of uses found in the GB District are often brightly lighted and noisy. Special attention
should be paid to buffering whenever this district is located adjacent to any residential district or
residential uses.
Site Plan Description:
The total area is 1.24 acres. There is an existing 12,000 square foot building covering 22%of the
site. There are 15 parking spaces, ten to the north of the building and five to the south.The
northeast corner of the site will be fenced. Access is from Burnett drive on the south and west.
Zoning and Land Use History And Trends:
In 1974, this area was rezoned to heavy industrial.
Traffic and Transportation Considerations:
Burnett Drive is a two lane road with access to Ireland Road.
Utilities:
The site will be served by public water and public sewer.
APC# 2654-12 Page 1 of 3
Staff Report 11/8/2012
Agency Comments:
The Department of Community and Economic Development gave a favorable recommendation.
The City Engineer had no comments. Since the western quarter of the site is located in a
floodplain, the Indiana Department of Natural Resources requires written approval for any type
of construction, excavation, or filling in or on a floodway.
Staff Comments:
This is a combined public hearing which includes a rezoning and three variances. The
Commission will forward the rezoning to the Council with or without a recommendation, and
either approve or deny the variances.
The petitioner is requesting the following 3 variances:
I)from the required perimeter trees at a rate of one (I) over-story deciduous trees every.forty
(40)feet to a maximum spacing of eighty(80)feet on center along Burnett Drive and no
additional perimeter trees along the north or east property lines;
2)from the required 24 foot aisle way in the north and south parking area to a minimum of 16.5
feet;
3)from the required 38 parking spaces to a minimum of 15 spaces.
Commitments:
No commitments are proposed.
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
I. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
Objective ED 1.2 Encourage reuse of abandoned and underutilized land and structures.
Land Use Plan:
The Future Land Use Map identifies this area as Heavy Industrial.
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
This area is an established industrial park, with a mix of uses like storage, truck terminal,
contractors and medical support businesses.
3. Most Desirable Use:
The most desirable use is one that can blend into the existing industrial park.
4. Conservation of Property Values:
Due to the mixed use character of the industrial park, surrounding property values should not be
affected.
APC# 2654-12 Page 2 of 3
Staff Report I 1/8/2012
5. Responsible Development And Growth:
It is responsible development and growth to allow compatible businesses to move into an
established mixed use industrial park.
Recommendation:
Based on information available prior to the public hearing the staff recommends that the petition
be sent to the Common Council with a favorable recommendation; and that the three variances
be approved, as submitted.
Analysis:
The rezoning to GB General Industrial District will allow the site to host businesses that can co-
exist within a small, mixed-use industrial park. The variances meet the standards for approval by
accommodating the unusual siting of the existing building on the lot.
APC# 2654-12 Page 3 of 3
. -
.. .. . ... . - .... . ..............:............. .. . .„: ..... . . .. . .....,....., .. .r. - .,
, .
' -....
al
•' • 77- . ,.; .'
.--.
.... ...., . . . - ,
.. . .
:..-. .. . .-..'., ....._..-- ....4• , . -— - , .
II. 111...111.111.11.1111.1111 ..4 lE:' 1';I I l'' '
. ; ... -, :•,• ., "•. ., . .. •.. .
. . . . .,.. , . . ... .
. . .. , • -
. ...
• • . . . . • .. . . .. . ,
.. , .... ., .. . ,,..... .:, . , .. .: •.. • .
.. . . . • ' ,
. . . • . ..• . • • •
• • • .'. ...... • . . . . . ;
. . ..
.. . . . .• • • .
. .. ••; ., ',. • ' ,' .•. • . .. . . -•,
" ••••• .,•-• ' :',.,, .... .. .... .. .... . ... .
. .• . . ... ..,. . . . ..
.. , ... ... .,...,... ..:..• '.'• : - '. ..
: • :. .., ... .,. , • . •
• • . . .. . - - . . . . . .
.. -... . . .. . . • ••. . ..
. . .. ... ...... .,...,... .....,..,,„„ . .... ,
. „.....--.....•......,,.....____. ••,. • '.f•-•:' ,
40
4d
. . . .. „. . ..,, ,......, ,......,...,;•,.,.',,-
a)
, c .
03 s.
= :
' ca •
. -LC
.. . -. ...-- ...-.-::.s.1•:::,....::,... :...-:...' '
. . .. ,.
. .. . . ,
. .. .. . .. . ..... .:
. . . ... ..
, -. ' . '. ......r - .....
St 20seph Valley •
V St JesePh Valley
Rezoning from:
"GI" GENERAL INDUSTRIAL DISTRICT
to "GB" GENERAL BUSINESS DISTRICT
•
N
:6;:c7:3N
ZONING CLASSIFICATION ';--,-- c--;
. . COUNTY"M" MANUFACTURING INDUSTRIAL DISTRICT S
a so UTH BEKID"CB" COMMUNITY BUSINESS DISTRICT 1 inch = 300 feet
SOUTH BEND"LI" LIGHT INDUSTRIAL DISTRICT
0) SOUTH BEND"GI" GENERAL INDUSTRIAL DISTRICT APC # 2654-12