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HomeMy WebLinkAboutZoning - 1017 W Indiana Ave, 1527 Kemble St, 1531 Kemble St ORDINANCE No . 10221.13 Passed by the Common Council of the City of South Bend,Indiana February 11, Z013 Attest: --•►--+. - -- -dt �'-- _ . City Clerk 4%0 H ORDE Attest: `_A L 1 �j ' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February l , 20 13 City Clerk JO V•ORDE Approved and signed by me 1 f R2 H. 1 s 20 13 Mayer r ORDINANCE NO. I,O 2Z l_ ( AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST INDIANA AVENUE, 1527 KEMBLE STREET, 1531 KEMBLE STREET AND THE VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE STREET, 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 MU MIXED USE DISTRICT TO LI LIGHT INDUSTRIAL DISTRICT TO OPERATE A MANUFACTURING FACILITY. 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 NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS # 16 THROUGH 20 OF THE PLAT OF "THOS E. A. BYERLEY'S ADDITION TO THE TOWN OF MYLER OF ST JOSEPH COUNTY, INDIANA"AS RECORDED BY DOCUMENT NO. 1890017 IN THE RECORDS OF THE ST JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.60 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as LI Light Industrial 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. \ � I \ � 1-mo�* I f 1 1'1 . t Lam_ Mem 7 of the Common Council 2 Attest: Cit Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Ink day of JQ,i, 1 , 201 3 , at q . ro o'clock .m. City C rk l Approved and signed by me on the S day of F f Q 4 H 4 ay , 20 13 , at I IS; o'clock p .m. Mayor o e Cit f�.Bend, Indiana Filed Pn caoc : Office t �.s , ,v.� DEC 2 7 2012 s6 READING ,L— � � 3 ` PUBLIC HEARING 3 rd READING 2,-Lk—t.3 s : r , d > . NOT APPROVED CITY CLEW h SEND,IN REFERRED PASSED "LA\- 13 &S 4w42-1"-A-4 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: 1017 West Indiana Avenue, 1527 Kemble Street, 1531 Kemble Street and the vacant property South of and adjacent to 1531 Kemble Street, South Bend, Indiana, 46614. 2) The property Tax Key Number(s)is/are: Key#1: 18-8053-2138, Key#2: 18-8053-2139, Key#3: 18-8053-2141, Key#4: 18-8053-2134, 3) Name and address of property owner(s)of the petition site: City of South Bend City of South Bend 12'"Floor County-City Building Dept. of Redevelopment 227 West Jefferson Blvd. 12th Floor County-City Building South Bend, Indiana 46601 227 West Jefferson Blvd. Ph. No. 574-235-9371 South Bend, Indiana 46601 E-Mail Address N/A Ph. No. 574-235-9371 E-Mail Address N/A MM Vance LLC 1531 Kemble Street South Bend,Indiana 46613 Ph. No. 574-251-9040 E-Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: MM Vance LLC 1531 Kemble Street South Bend, Indiana 46613 Ph.No. 574-251-9040 E-Mail Address N/A 5) It is desired and requested that this property be rezoned: From: MU Mixed Use District To: LI Light Industrial District 6) This rezoning is requested to allow the following use(s): Manufacturing facility. 7) If applicable,a detailed description and the purpose of the variance(s)being requested: The Petitioners, MM Vance LLC and the City of South Bend, have been the owners of the real estate parcels shown on the attached site plan for the past several years. MM Vance LLC presently has a Manufacturing facility, known as Phoenix Engineering on their portion of the petition site that has been in operation for several years. They would like to expand the size of their existing building by adding on to the North and West of the building. They have been working with the City of South Bend on their expansion plans. The City owns the adjacent properties to the North, South and West of MM Vance LLC's property. The two parties have come to an agreement for the purchase of the City properties. The Petitioners representative met with the Area Plan Commission and Building Department staff's to discuss 2 the project. Based on the proposed expansion of the building and the transfer of real estate from the City to MM Vance LLC,there are several procedures that must be done. The first procedure is to request a Rezoning for all the properties from the present MU Mixed Use zoning classification to the LI Light Industrial zoning classification. The present manufacturing facility and its proposed building expansion is not a permitted use in the MU district. The second procedure to be done to bring the proposed expanded facility into compliance with the LI Light Industrial district is to request several variances for how the building will be located on the site, the required parking and required screening from adjacent properties. The third procedure will be to request a vacation for a portion of the property along the south side of the petition site, which is being used as a right-of-way for Indiana Avenue. The last procedure will be to take all the properties involved and replat them through the City's Subdivision process into a single legal lot of record. 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 several Variances will be required to be approved due to the size of the property and the surrounding zoning classifications. 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 deciduous tree every forty(40)feet along the North,East, South and West property lines to providing a minimum of two(2)perimeter trees along the Kemble Street and a minimum of two (2)perimeter trees along Indiana Avenue frontages as shown. This site is part of an old established subdivision which had a variety of uses from residential and commercial to industrial and warehousing.The City is in the process of acquiring properties to add land to the Ignition Park development. The City is also helping existing small industrial users to remain in the City.The intent presently for the City is to take the surrounding properties and rezone them for industrial uses.The Petitioner would like to add a few trees in front of the property along Kemble Street and Indiana Avenue,but would ask not to be required to place trees along the other property lines.The added trees on Kemble Street and Indiana Avenue can provide a pleasant streetscape for the existing building. The Petitioners 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 ft.driveway in the shown parking area along the south side of the building to a minimum of 0 ft.as shown.The Petitioners are requesting to continue to use the existing parking area located along the south side of the building.This parking area has been used since the business opened several years ago,and there have been no problems with employees accessing the site or leaving the site at the close of the business day.The Petitioners would state that with their type of manufacturing business there is little if any clients visiting the facility.All business is usually done by phone or through the internet.On a rare occasion where a client would visit the facility,there is ample on-street parking along Kemble Street. The Petitioners do not believe approval of this Variance will adversely affect the surrounding properties. 3).A Variance from providing a loading area with adequate maneuvering space on site to no loading area and having a maneuvering area for vehicles and trucks as shown.This manufacturing facility has a limited number of finished products being sent to clients and site deliveries.The Petitioners would state that the time needed to assemble the products they sell is approximately four(4)months.The typical pick up of equipment to be sent to their clients happens approximately 3 to 4 times per year. Parts being delivered for assembly are usually done by small step vans.They have been able to have their products picked up on a scheduled basis.They have worked with delivery companies to make delivery drop-off's and pick ups without the need to have a separate loading area.Even with the proposed building addition, this process should not be affected.The Petitioners do not believe approval of this Variance will adversely affect adjacent properties. 4).A Variance from the required minimum 50 ft. Side Residential Bufferyard along the North property line 3 to a minimum of 32 feet for a proposed building addition.The Petitioners desires to expand the existing facility and would add an 800 sq.ft.addition to the North.This portion of the building will contain additional area for storage of materials and assembly area.Due to the fact that the property to the North is presently zoned SF 2 Single Family,the Ordinance does not allow for a building to be closer than 50 ft.from a property line adjacent to residential property.The City's long-term plan will be to change the zoning to industrial,but they have not finalized their plans as of the present time. Since this area will be used in the future for industrial,the Petitioners do not believe approval of this Variance will be detrimental to any surrounding property. 5).A Variance from the required minimum 50 ft. Side Residential Bufferyard along the West property line to a minimum of 15 feet for a proposed building addition.This is similar to the previous Variance request where the Petitioners desires to expand the existing facility and would add a 1,000 sq.ft.addition to the West.This portion of the building will also contain additional area for storage of materials and assembly area.Due to the fact that the property to the West is presently zoned MF 1 Urban Corridor Multi-family,the Ordinance does not allow for a building to be closer than 50 ft.from a property line adjacent to residential property.The City's long-term plan will be to change the zoning to industrial,but they have not finalized their plans as of the present time. Since this area will be used in the future for industrial,the Petitioners do not believe approval of this Variance will be detrimental to any surrounding property. 6).A Variance from the requirement of providing a minimum of 2 parking spaces(i.e.2 spaces for 600 sq.ft.of office area,4 spaces for 3,606 sq.ft.of manufacturing/assembly area and 1 spaces for 570 sq.ft. of storage area,a total of seven(7)parking spaces)to a minimum of three(3)spaces as shown. The Petitioners are requesting to reduce the required number of provided parking spaces for their 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, 1 space per 1,000 sq.ft.of manufacturing/assembly area and 1 space per 3,000 sq.ft. of storage area. The Petitioners have a total of three(3)employees,and even with the proposed building improvements they are not planning to add any new employees at the present time.The employees presently use the existing parking area located on the South side of the building.The Petitioners are requesting as part of this approval process,a Variance to be allowed to place a larger parking area in front of the building along Kemble Street.This is being done to do long-term planning for the facility so that if the need arises for additional on-site parking they can build it without having to submit a separate Variance Petition at a later date. 7).A Variance from the 25 ft.Front-yard setback for parking to a minimum of 13 ft.along the Indiana Avenue frontage as shown.The Petitioners would desire to continue to use the existing parking along the South side of the building.This parking area has been used by the three employees since 2004.The Petitioners believe for the small amount of parking required based on existing employees,approval of this Variance will not have a negative impact on surrounding properties. 8).A Variance from the 25 ft.Front-yard setback for parking to a minimum of 9 ft.along the Kemble Street and Indiana Avenue frontage as shown.The Petitioners desire to do long term planning as mentioned above,and request a Variance now to allow for a future parking area located along Kemble Street and Indiana Avenue.This Variance would allow a parking lot aisleway to be placed in the 25 ft. Frontyard parking setback of the corner street frontages.This future parking lot would be built when the need for additional parking is necessitated by an increase in the number of employees.This may not happen for a few years,but the option to build the parking lot would be available to the Petitioners.The Petitioners do not believe approval of this Variance being done for long term planning would have a negative impact on surrounding properties. 9).A Variance from the requirement of providing Type"C"Full Screening along the North,South and West property lines to providing no additional Type"C"Full Screening along said property lines.This Type of Full Screening requires a minimum of four(4)evergreen trees for every 30 ft.of property line 4 which abuts a residential district.The evergreen trees would be evenly spaced in two staggered rows. The Petitioners are asking not to be required to place this type of screening as the City is in the process of creating an industrial park in this neighborhood.The properties to the North and West will contain some type of industrial uses and not residential uses as the existing zoning would allow.The City owns the adjacent properties and would not allow for any new residential uses.To the South is a what appears to be a two(2)story vacant apartment building,an adjacent parking lot,a small home and a night-club building.The Petitioners would ask not to be required to place Type"C"Full Screening along this property line as it would affect the sight safety distance for any vehicles using the existing parking area and delivery area on the South side of the building.There is no proposed outside storage for the existing facility and approval of this Variance should not have a negative impact on the uses along Indiana Avenue. 10).A Variance from providing a 6 ft.wide landscaping area along the South facade of the existing building to existing landscaping.The Petitioners have an existing driveway and parking area along the South side of the building and they desire to maintain this paved area.There is some existing landscaping at the corners of the existing building as shown. The Petitioners will also be placing some small landscape shrubs along either side of the parking area,which will add screening as viewed from the street.The Petitioners believe approval of this variance would not adversely affect any surrounding property. 11).A Variance from providing parking screening consisting of small shrubs placed 3 ft.on-center for the parking spaces shown along the South side of the building along Indiana Avenue to landscaping shown.As mentioned above the Petitioners are planning to add some additional small shrubs along either side of the parking spaces shown on the South side of the building.They believe the addition of these small shrubs will help visually break-up the paved area and partially screen the parking spaces along the Indiana Avenue streetscape.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 in an area of mixed uses. The Petitioners believe that the reuse of an old building to a new use would fit well in this mixed use neighborhood.The 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 additional landscaping on-site where none presently exists.This will help to 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 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 requested Variances. 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: N/A 5 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 for all property owner(s): MM Vance LLC 1531Kemble Street South Bend,Indiana 46613 Ph.No. 574-251-9040 v Ci of Sout Bend 11200 County-City Building South Bend,Indiana 46601 Ph.No. 574-235-9371 PETITION PREPARED BY&CONTACT PERSON: Name: Danch,Harper&Associates,Inc. Address: 1643 Commerce Drive South Bend,Indiana 46628 574-234-4003 mdanch @danchharner.com 5 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 for all pro rty owner s): //4-43Z,e./ tyzi-f.'1 -- --.., MM Vance LLC 1531 Kemble Street South Bend, Indiana 46613 Ph. No. 574-251-9040 City of South Bend 11200 County-City Building South Bend, Indiana 46601 Ph. No. 574-235-9371 PETITION PREPARED BY&CONTACT PERSON: Name: Danch, Harner&Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574-234-4003 mdanch @danchharner.corn ,� Filed in C r . g I fife r V.6 -- ZO1Z CITY CLERK,, 14 SEND,IN qiC 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 February 15, 2013 Kathleen Cekanski-Farrand Council Attorney South Bend Common Council Fourth Floor, County-City Building 227 W. Jefferson Boulevard South Bend, IN 46601 RE: Substitute Bill No. 63-12A Rezoning of 1017 W. Indiana& 1531 Kemble St. Written Commitments Dear Ms. Cekanski-Farrand: I have attached a copy of the recorded written commitments for the above the referenced property. This completes the requirements that were part of the Council's approval of the rezoning of this property. Upon the Mayor signing the ordinance, we will change the zoning of this property on the official zoning maps. If you have any questions, please feel free to contact me. Sincerely, L(J. Byo Filed i h. . ,. :Y .: Office Attachments FEB 15 2013 CITY CLEi ,' k MEND,IN SERVING:ST.JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND www.stjesephcountyindiana.com/Areaplan Hill IIHI 11tH 11111111111111 lIt Ititli IIH li 11 * 1 3 0 4 5 7 7 3 1304577 RECORDED AS PRESENTED ON 02/14/2013 11:27:01AN PHILLIP O. DOTSON ST. JOSEPH COUNTY RECORDER COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REALPk$'13AT : MAN) IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL,ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36-7-4-613 or I.C. 36-7-4-615, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: THAT PART OF THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 14, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOTS# 16 THROUGH 20 OF THE PLAT OF "THOS E. A. BYERLEY'S ADDITION TO THE TOWN OF MYLER OF ST. JOSEPH COUNTY, INDIANA" AS RECORDED BY DOCUMENT NO. 1890017 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.60 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. STATEMENT OF COMMITMENTS:The following uses are prohibited on said real estate: 1. Automotive Uses: Including but not limited to:Automobile Repair—major; Automobile Repair— minor;Automobile quick oil change facility; Gasoline Service Station with minor repair(not exceeding two(2)accessory indoor service bays);Gasoline Service Station without repair; Muffler Shop; Painting and Customizing. 2. Miscellaneous: Including but not limited to:Artificial Lake;Bus,taxi or limousine terminal,with or without repair; Conference Center;Mini(Self Storage) Warehouse, with or without outdoor storage. (Ord. 9583-05,9783-07) 3. Personal Service: Including but not limited to: Tattoo, Body Piercing, Scarifying and Branding Establishments(Controlled Use). 4. Public Facilities: Including but not limited to: Airport- Public(including Heliports); Neighborhood Recycling Collection Point;Parking Garage; Parking Lot—Commercial;Religious Use. (Ord.No. 9653-06,9783-07) '^ x° 5. Utilities: Including but not limited to Public Utility Substation;Public Wells; Pumping Station; , Storage Tanks—Non-hazardous;Telephone Exchange; Water Tower; Water Treatment Plant. ;\7 '"t, Ord.No.:9495-04 6. Food Sales and Service: Including but not limited to: Bakery—retail; Convenience Store; Dairy Bar—retail; Delicatessen; Ice Cream Store—retail;Restaurant—Drive In;Restaurant —Drive Through;Restaurant—Fast Food;Restaurant—Family;Restaurant—Family with Lounge; Yogurt Store—retail. (Ord.No. 9783-07) These COMMITMENTS shall run with the land, be binding on the Owner of the above- described real estate, subsequent owners of the above-described real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition#2657-12 pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i)the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2.The City of South Bend,Indiana; 3.Owners of all parcels of ground adjoining the real estate within three-hundred(300)feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and 4. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana,upon final approval of petition#2657-12. IN WITNESS WHEREOF,Owner has executed this instrument this day of ja m,torN f o , t3 J (Individual Owner) ��/CSignature L,[' (24-=A. 1) Signature (Seal) Printed ML \/AP Printed (Organization Owner) By Printed bcwv )4 E. 1 ri ks Title N. A 2 ord.No.:9495-04 (Individual Acknowledgment) STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared mI o hie\ V n CE' , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 08' day of v,vli an , 3013 . """"'� Jennifer H. Hullinger oy pTEO: _ :�o*••; Resident Of - l *:.SE4,1*` St.Joseph County Signature t '.•�U�A�Y� My Commission Expires: a° 2/1/2016 I I Printed dui nt�r✓r P����t` County of Residence My Commission expires: (Organization Acknowledgment) STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared the i rich‹ of n SOWCes a(n) , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who,having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this /(p h day of o /3. �tpT{''° Jennifer H. Hullinger i yco* •���' Resident Of � /y�V/ ="• SEAL:*= St.Joseph County Signatur �- 7/� Si afar T •:": p, My Commission Expires: % 2/1/2016 C Printed County of Residence My Commission expires: ', \\ This instrument was prepared by)(.vv��� 1�O.YArig k 4.s so Era . I affirm under the penalties of perjury,that I 3 have taken reasonable care to redact each Social Security number in this document, Ord.No.:9495-04 unless required by law (name) �� , This instrument was prepared by Danch, Harper&Associates, Inc., 1643 Commerce Drive, South Bend, IN 46628 OFFICE OF THE CITY CLERK TO: AREA PLAN COMMISSION DATE: November 16, 2012 At its meeting held on November 12th, 2012 the Common Council of the City of South Bend referred to you for review and recommendation the following item: 63-12 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1017 WEST INDIANA AVENUE, 1527 KEMBLE STREET, 1531 KEMBLE STREET AND THE VACANT PROPERTY SOUTH OF AND ADJACENT TO 1531 KEMBLE STREET, SOUTH BEND, INDIANA, 46614, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA If I can be of any assistance to you in this matter, please do not hesitate to contact this office. CITY CLERK JOHN VOORDE Janice Talboom DEPUTY DWI Danch, Harner & Associates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects . Land Planners Honorable Members of the City of November 6, 2012 South Bend Common Council 4l' Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for 1531 Kemble Street, South Bend: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for the property located at 1531 Kemble Street, South Bend, Indiana. This requested Rezoning would allow for the re-use of an existing industrial building. Phoenix Engineering who presently has a manufacturing facility at the Kemble Street address, would like to expand by adding additional assembly/manufacturing space to their building. This proposed expansion requires rezoning of the property to the LI Light Industrial District classification. Our clients believe the expansion of an old industrial building would be a compatible use in the surrounding mixed use neighborhood along Kemble Street and Indiana Avenue. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, 0,117 Fig ciao* e Michael J. Danch President omr A .,- 20‘2 INVNw Danch, Harner & Associates File No. 120222 "C" Md. R s V {OEP1D'�NI 1643 Commerce Drive • South Bend, IN 46628 208 West Mars • Berrien Springs,MI 49103 Office 574/234-4003 • 800/594-4003 • Fax 574/234-4119 Office 269/471-3010 • Fax 269/471-7237