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HomeMy WebLinkAbout9730-07 Rezoning U.S. 31 Industrial Park - Corner of Brick & AmeritechORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana January 8, Attest: Attest: 20 07 Presented by me to the Mayor of the City of South Bend, Indiana January 9, 20 07 City Clerk President of Common Council Approved and signed by me January 9th 20 0 7 Ciry Clerk Mayor ORDINANCE NO. 7 3C~'~7 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT NUMBER SIX , U.S. 31 INDUSTRIAL PARK APPROXIMATELY 417 FEET NORTH OF THE NORTHWEST CORNER OF BRICK ROAD AND AMERITECH DRIVE, COUNCILMANIC DISTRICT ONE(1) IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The subject property is currently zoned LI (Light Industrial). We request the zoning be changed to CB (Community Business) to allow for the development of a retail project. 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: Lot 6 of the U.S. 31 Industrial Park, Section One, as Recorded under instrument 9743763 in the Office of Recorder of St. Joseph County, Indiana. be and the same is hereby established as CB (Community 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. Member of ommon Council Attest: ' CI rk Presented by me to the Mayor of the City of South Bend, Indiana on the ~ , m. ~~ day of .Ja~r.u ~ , 2 Op 1 , at I t`~flo o'clock ity Clerk ~- Approved and signed by me on the ~ day o ~-~ 2 °o , at : ~,r o'clock ~. m. Mayor, City of So Bend, Indiana 1 st READING ~ ` p~~ CAS 4 ~ '~ PUBLIC HEARING ~ -0 ~~ ~ Ly~` _ 3 rd READING l.-$ ~O~ NOT APPROVED 1 ~ `t~~a REFERRED ~ ''~ . t `" ~~ S c,~ ~= S ~`~` ~ '~~ PASSED•• L-g-O~ 0--S ~ Filed In ~1~~'{'~ Office JG'iPa YODR'?E CITY CLERK, S0. BEI~TJ, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 82-06 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT LOT NUMBER SIX, U.S. 31 INDUSTRIAL PARK APPROXIMATELY 417 FEET NORTH OF THE NORTHWEST CORNER OF BRICK ROAD AND AMERITECH DRIVE, COUNCILMANIC DISTRICT ONE (1) 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 twice for a title change from: An ordinance amending the zoning ordinance for property located at lot number six, U.S. 31 Industrial Park approximately 417 feet north of the northeast corner of Brick Road and U.S. 31 Bypass, Councilmanic District One (1) in the City of South Bend, Indiana To: An ordinance amending the zoning ordinance for property located at lot number six, U.S. 31 Industrial Park approximately 417 feet north of the northwest corner of Brick Road and Ameritech Drive, Councilmanic District One (1) in the City of South Bend, Indiana Karen L. White Chairperson Date Filed Date received by the Area Plan Commission Application No. .~ ! b ~~ [7,6 I 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: Lot Number Six U.S. 31 Industrial Park approximately 417 feet north of the northwest corner of Brick Road and Ameritech Drive ' 2) Name and address of property owner(s) of the petition site: PCN, LLC 3930 Edison Lakes Pkwy., Ste. 200 Mishawaka, Indiana 46545 574/271-4060 3) Name and address of contingent purchaser(s), if applicable: Not Applicable 4) It is desired and requested that this property be rezoned from LI (Light Industrial) to CB (Community Business) 5) This rezoning is requested to allow the following use(s): Restaurant, financial, hospitality, and other retail uses. File ~~ ~t~r~ 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. /,% Christopher Dave , ember PETITION PREPARED BY: Christian J. Davey 3930 Edison Lakes Pkwy., Ste. 200 Mishawaka, Indiana 46545 574/271-4060 christiandavey(a,cressyandeverett.com CONTACT PERSON: Christopher Davey 3930 Edison Lakes Pkwy., Ste. 200 Mishawaka, Indiana 46545 574/271-4060 chrisdavey_(a),cressyandeverett.com Ameritech Dr & Brick Rd, South Bend, IN 46628 -Google Maps d'age 1 of 2 Address Ameritech Dr & Brick Rd ,~~- „~ South Bend, IN 46628 ., ; ~,c~ _ ~ ~ - ~ a,..,. , _ _ _ , ~~a. ~, s ,fl~3 I ~% S ,~r .e,_....-_ ,. .. .~_d,...... _. .. a ~*~ 31 ~..,._ ... z ~' Q' ~~ 3 ~~. _~ 6 1 '~ ~ f ~ ".~ 1 ' 3 ~~ 1 ~ T' d ,' i r ; t ~ ~Q ~~ ~ ~ I~ , f~~ ~ ~„ ?ockstid~DS ° ~ , ~~` ~~ ~ ...-_°._.w_~-.._.._ .~.._.,. CarbOnrtti#t Fk . ~ a,a ~. a,~~ ~' ,. ~ j r I ~~ ~ ~' ~ .~, ...._ . - - ~ Bs~Ck Rd •-~..?~Brick "~~ BnCk Rd Brisk Rd Cleveland Rd ~ a P- _..~._~ ~ ~ ~ ~ ~ _ .~ __ J1 ~ ~ ~ ~ s ~ ~~ ~' C/~ ~~, L ;~. i ~ ~ ©J c7 ~~,~ ~a ~ ~ ~~ ~ ~ nl ~ :~,. ~ ~ ~~ j ©2006 Google -Map data ©2006 NAN"rEQT'" - Termsc~i Use JGi~ld V~vr;uc CITY GLtiiiC, St). Ei'cr:D, IN. ~C~ r~~i~i~~ ~'iY1~~i ,~~r ~,~ ` \~ ~ Lu J 0 http ://maps. google. com/maps?f=q&h1=en&q=Ameritech+Dr+%26+Brick+Rd,+South+B e... 11 /7/2006 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com Fax 574 235-9813 December 20, 2006 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 PCN, LLC to zone from LI Light Industrial District to CB Community Business District, property located at Lot Number Six U.S. 31 Industrial Park approximately 417 feet north of the northwest corner of Brick Road and Ameritech Drive, City of South Bend - APC# 2409-06 Dear Council Members: I hereby Certify that the above referenced ordinance of PCN, LLC was legally advertised on Thursday, December 7, 2006 and that the Area Plan Commission at its public hearing on Tuesday, December 19, 2006 took the following action: Upon a motion by John DeLee, being seconded by Steve Eslinger and unanimously carried, the proposed ordinance and site development plan of PCN, LLC to zone from LI Light Industrial District to CB Community Business District, property located at Lot Number Six U.S. 31 Industrial Park approximately 417 feet north of the northwest corner of Brick Road and Ameritech Drive, City of South Bend is sent to the Common Council with a favorable recommendation. The rezoning is an extension of the southern CB Community Business District. It is compatible with the surrounding commercial and industrial land uses. It allows a vacant property to be used as part of a larger development project. The rezoning is consistent with the South Bend City Land Use Plan. The CB Community Business District is a less intense than the LI Light Industrial District. PLEASE NOTE that the Ordinance has been amended by the petitioner to show a location different than that used for the Common Council's first reading. The amended Ordinance was 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. Sincerely, W• ohn W. Byo JWB:sr Attachment CC: PCN, LLC Christopher Davey Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana i, Staff Resort APC # 2409-06 Owner: PCN, LLC Location: Lot Number Six U.S. 31 Industrial Park approximately 417 feet north of the northwest corner of Brick Road and Ameritech Drive Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LI Light Industrial District to CB Community Business District to allow a restaurant, financial, hospitality, and other retail uses. Land Uses and Zoning: On site: The site is vacant land with half a retention pond zoned LI Light Industrial District. North: To the north is property with half of a retention pond and the Woodwind distribution/storage building. East: To the east is a freight business zoned LI Light Industrial District. South: To the south is vacant land zoned CB Community Business District. West: To the west is the U.S. 31 Bypass. District uses and development standards: The CB Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may inclade limited amounts of outdoor sales or outdoor operations. Site plan description: The rezoning is approximately 3.18 acres of a larger 6.18 acre development project. The rezoning site plan shows a one story 9,000 square foot commercial building covering approximately 7% of the 3.18 acre site. The northern portion of the site consists of half of a retention pond. The rezoning site will have two curb cuts on Ameritech Drive. Approximately 50 of the development's parking spaces are provided on this rezoning site. Type A Open Landscaping (one deciduous tree every 40 feet) will be required along the western property line. Foundation landscaping will be required on the northern, eastern, and southern building facades. Zoning and land use history & trends: This subdivision, U.S. 31 Industrial Park -Section 1, was granted secondary approval on October 23, 1997. The trend in the area is development of office-warehouse and highway commercial uses. Traffic and transportation considerations: Ameritech Drive has two lanes. Brick Road has four lanes. Utilities: The site will be served by public water and sewer from the City of South Bend. PCN, LLC #2409-06 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Land Use Objective 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The rezoning is consistent with the Comprehensive Plans land use policy. South Bend and St. Joseph County Indiana, Apri12002 Goa12: Objective C: Develop quality business areas to meet the retail and service needs of planning area. The rezoning is consistent with the Comprehensive Plans economic policy. Land Use Plan: The South Bend City Plan recommends commercial (Office & Retail). The Comprehensive Land Use Plan does not make a recommendation for this area. 2. Current conditions and character: The site is vacant land. The area is commercial and industrial in character. 3. Most desirable use: The most desirable use for this property is commercial or industrial. 4. Conservation of property values: The surrounding property values should be conserved with the CB Community Business District zoning. 5. Responsible development and growth: It is responsible development and growth to allow vacant property to be used as part of a larger development project. 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. Analysis: The rezoning is an extension of the southern CB Community Business District. It is compatible with the surrounding commercial and industrial lend uses. It allows a vacant property to be used as part of a larger development project. The rezoning is consistent with the South Bend City Land Use Plan. The CB Community Business District is a less intense than the LI Light Industrial District. . PCN, LLC #2409-06 Page 2 of 3 h Y'' ~ ~l ~', ~ .~._. ~a r~ o n m ~ t `~ --~...r3... _ u i __ --- sF1 SF1 H Cleveland Bric A ~ F1 m rl M u ~ =~' u u a u IR I Rezoning from: "LI" Light Industrial to "C B" Community Business N Zoning Key "'`~~ SOUTH BEND- COMMUNITY BUSINESS SOUTH BEND -LIGHT INDUSTRIAL SOUTH BEND- SINGLE FAMILY &TWO FAMILY W E s 1 inch equals 4~~ feet APC # 249-~~ PCN, LLC #2409-06 Page 3 of 3