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HomeMy WebLinkAboutRezoning - 103 N. St. Louis Avenue & 619 East Washington StreetORDINANCE No. 9323-02 Passed by the Common Council of the Ciry of Soutlt Bend, Indiana May 13, Attest: Attest: 20 02 Presented by me to tlae Mayor of the City of Soactla Bend, Indiana IWI a,=-1~1, 20 ~2 Ciry Clerk President of Common Council Ciry Clerk Approved and signed by me May 14, 2002 Mayor REVISED 03/20/2002 ORDINANCE NO. ~ `~ ~ - AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 103 NORTH ST. LOUIS AVENUE & 619 EAST WASHINGTON STREET IN THE CITY OF SOUTH BEND,INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. 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: PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: THE EAST 130 FT. MORE OR LESS OF LOT # 156 OF THE PLAT OF THE "ORIGINAL TOWN OF LOWELL" AS RECORDED IN PLAT BOOK # 1 ON PAGE # 63 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "A-3" MIXED USE MULTI FAMILY RESIDENTIAL AND COMMERCIAL DISTRICT, "G" HEIGHT & 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. ~/~1/h MEMBER OF THE COMMO COUNCIL 1st READING '~-~~~GZ PUBLIC HEARING 5-13'02- 3 rd READING S -l~ -OL NOT APPROVED ~~ OL REFERRED (~ -P ~ 3 PASSED S--13_OZ a J, 0.S s w~~~~~ 11 0.~ Sv~~S-~~~Gi S cti~ s-~-.'~-~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15-02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 103 NORTH ST. LOUIS AVENUE & 619 EAST WASHINGTON STREET 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. Karl King Chairman REVISED 03/20/2002 DATE FILED APPLICATION N0. DATE RECEIVED BY AREA PLAN COMMISSION 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: 103 NORTH ST. LOUIS AVENUE & 619 EAST WASHINGTON STREET SOUTH BEND, INDIANA 46617 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: UNDERWRITERS LABORATORIES, INC. 110 SOUTH HILL STREET SOUTH BEND, INDIANA 46617 PHONE NUMBER (574) 233-4777. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "B" RESIDENTIAL, "B" HEIGHT ~ AREA TO "A-3" MIXED USE MULTI FAMILY RESIDENTIAL AND COMMERCIAL DISTRICT, "G" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). PARKING AREA. 6). ATTACHED IS 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) SIX (6) SITE PLANS; AND (D) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY. 7). 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. SIGNED, PAUL CRIER REPRE~JTATIVE FOR UNDERWRITER'S LABORATORIES, INC. PETITIONED PREPARED BY AND CONTACT PERSON: DANCH, HARNER & ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628, PHONE NUMBER (574)-234-4003 g r ~`~~~ ~ ~~ ~~o~ C .. -~ c:- • .. LEGAL DESCRIPTION PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: THE EAST 130 FT. MORE OR LESS OF LOT # 156 OF THE PLAT OF THE "ORIGINAL TOWN OF LOWELL" AS RECORDED IN PLAT BOOK # 1 ON PAGE # 63 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Lam;; s C4I`: f; ~. t. Property Owners Within 300 Feet William C & Mattie Sue Degroote 213 Edgewood Lane Laporte, IN. 46350 Tax Key # 18 5006 0169 Todd & Ahryeong Park 8755 Meadow Lane Berrien Springs, MI.49103 Tax Key # 18 5004 0086 Eugene D Hutchison Kenneth H Kiel 1620 E. Washington South Bend, IN. 46617 Tax Key # 18 5004 0087 Santa Maria Counci1553 553 E. Washington P.O. Box 774 South Bend, 1N. 46624 Tax Key # 18 5004 008901 Trustees of Santa Maria Counci1553 553 E. Washington South Bend, IN. 46617 Tax Key # 18 5004 008902 Northern Electric Co. Inc. 116 N. Hill St. South Bend, 1N. 46617 Tax Key # 18 5006 0153 Northern Electric Co. Inc. 116 N. Hill St. South Bend, IN. 46617 Tax Key # 18 5006 0155 Northern Electric Co. Inc. 116 N. Hill St. South Bend, IN. 46617 Tax Key # 18 5006 0159 Ernest P. and Nancy A. Galos 618 E. Colfax South Bend, ]N. Tax Key # 18 5006 016101 Trustee of Harold Nelund 55604 Fir Rd. Mishawaka,lN. 46545 Tax Key # 18 5006 0163 Trustees of Santa Maria Council 553 815 N. Michigan St. South Bend, IN. 46624 Tax Key # 18 5004 0089 Trustees of Santa Maria Counci1553 525 E. Washington South Bend, IN. 46617 Tax Key # 18 5010 0298 Northern Electric Co. Inc. 116 N. Hill St. South Bend, IN. 46617 Tax Key # 18 5006 0154 Northern Electric Co. Inc. 116 N. I-Till St. South Bend, 1N. 46617 Tax Key # 18 5006 015701 Northern Electric Co. Inc. 116 N. Hill St. South Bend, 1N. 46617 Tax Key # 18 5006 0160 Petrie Wightman Inc. 2513 Eddy St. Elkhart, IN. 46516 Tax Key # 18 5006 0161 Northern Electric Co. Inc. 121 N. St. Louis South Bend, IN. 46617 Tax Key # 18 5006 0165 J&T Leasing 110 S. Hill St. South Bend, IN. 46617 Tax Key # 18 5010 0297 Trustees of Santa Maria Counci1553 525 E. Washington South Bend, IN. 46617 Tax Key # 18 5010 0299 Northern Electric Co. Inc. 116 N. Hill St. South Bend, lN. 46617 Tax Key # 18 5006 015601 Northern Electric Co. Inc. 116 N. Hill St. South Bend, IN. 46617 Tax Key # 18 5006 0158 Mary C. Roemer 616 E. Colfax South Bend, IN. 46601 Tax Key # 18 5006 016102 Scott J. Oda 129 N. St. Louis St. South Bend, IN. 46617 Tax Key # 18 5006 0162 Milton and Mattie Wares 117 N. St. Louis South Bend, IN. 46617 Tax Key # 18 5006 0166 Denny R Snyder Mark Vandevere William Kiefer 115 N. St. Louis 111 N. St. Louis 107 N. St. Louis South Bend, IN. 46617 South Bend, IN. 46628 South Bend, IN. 46615 Tax Key # 18 5006 0167 Tax Key # 18 5006 0167 Tax Key # 18 5006 016802 J&T Leasing Kenneth & Joyce Clearwater Kenneth & Joyce Clearwater 110 S. Hill 613 E. Jefferson 613 E. Jefferson South Bend, IN. 46617 South Bend, IN. 46617 South Bend, IN. 46617 Tax Key # 18 50110310 Tax Key # 18 5011 0311 Tax Key # 18 5011 031101 Kenneth & Joyce Clearwater John W. Jr. & Betty A Grey J & J Leasing 613 E. Jefferson 17768 E. Cleveland Rd. 110 S. Hill St. South Bend, IN. 46617 South Bend, IN. 46635 South Bend, IN. 46617 Tax Key # 18 5011 0312 Tax Key # 18 5011 0313 Tax Key # 18 5011 0321 Memorial Hospital of South Bend J & J Leasing Radiology Realty 615 N. Michigan St. 110 S. Hill St. 720 E. Cedar St. South Bend, IN. 46601 South Bend, In. 46617 South Bend, IN. 46617 Tax Key # 18 5011 0322 Tax Key # 18 5011 032101 Tax Key # 18 5011 0327 Domes Property Investments LLC Theodore L. Schafer John Rickman 812 E. LaSalle 708 E. Colfax 657 Freesia Crt. South Bend, IN. 46617 South Bend, In. 46617 San Leandro, California Tax Key # 18 50150497 Tax Key # 18 5015 0498 Tax Key # 18 5015 0500 Theodore L. Schafer Diane L. Brink Chris A. Nelson 708 E. Colfax Avenue 15684 State Road 23 122 St. Louis South Bend, 1N. 46617 Granger, IN. 46530 South Bend, IN. 46617 Tax Key # 18 5015 0501 Tax Key # 18 5015 0502 Tax Key # 18 5015 0503 Judith K. Plains Robert L. Miller Greg J & Monica M Anderson 125 N. St. Peter 17526 Douglas Rd. # L 9 1224 E. Wayne St. South Bend, IN. 46617 South Bend, IN. 46635 South Bend, IN. 46615 Tax Key # 18 5015 0512 Tax Key # 18 5015 0504 Tax Key # 18 5015 0514 Robert L. Miller Gregory J and Monica M Anderson Gregory J and Monica M Anderson 17526 Douglas Rd. # L9 1224 E. Wayne 1224 E. Wayne South Bend, IN. 46635 South Bend, IN. 46615 South Bend, lN. 46615 Tax Key # 18 5015 050401 Tax Key # 18 5015 0515 Tax Key # 18 5015 0516 Artemis E Vasiliades Gregory J and Monica M Anderson Gregory J & Monica M Anderson 316 N. Lafayette 1224 E. Wayne 1224 E. Wayne South Bend, ]N. 46601 South Bend, IN. 46615 South Bend, 1N. 46615 Tax Key # 18 5015 0519 Tax Key # 18 5015 0518 Tax Key # 18 5015 0517 Union Realty Inc. Kenneth Clearwater Dominick Tripepi 619 Union Street 116 S. Frill St. 51725 Steeple Chase Dr. Mishawaka, IN. 46544 South Bend, IN. 46617 Granger, IN. 46530 Tax Key # 18 5015 0505 Tax Key # 18 5015 0506 Tax Key # 18 5015 0507 Betty Ivanovich Lawrence J. Clifford Barbara L Katona-Crumbley 104 N. St. Louis 709-71 t E. Washington Ave. 710 E. Washington South Bend, IN. 46617 South Bend, 1N. 46617 South Bend, IN. 46617 Tax Key # 18 5015 050701 AB Tax Key # 18 5015 050702 Tax Key # 18 5011 0332 Betty Ivanovich Barbara L. Katona-Crumbley Betty Ivanovich 109 5. St. Louis 710 E. Washington 712-714 E. Washington South Bend, lN. 46617 South Bend, ]N. 46617 South Bend, IN. 46617 Tax Key # 18 5011 0333 A/B Tax Key # 18 5011 0334 Tax Key # 18 501 l 0335 A/B David S. Roberts P.O. Box 65250 Salt Lake City, Utah 84165 Tax Key # 18 5011 0336 Betty Ivanovich 110 S. St. Louis Blvd South Bend, IN.46617 Tax Key # 18 5011 0337 AB Valley American Bank & Trust 100 Navarre Place Ste 5500 South Bend, IN. 46601 Tax Key # 18 5011 0338 Jerome E and Mary L Ivi+ichaels 116 St. Louis Blvd. South Bend, IN. 46617 Tax Key # 18 5011 0339 Domes Property Investments LLC 812 E. LaSalle South Bend, 1N. 46617 Tax Key # 18 50110346 Stratabys LLC 713 E. Jefferson South Bend, lN, 46617 . Tax Key # 18 5011 0340 Domes Property Investments LLC 812 E. Lasalle South Bend, IN. 46615 Tax Key # 18 5011 0345 i _ .._._ -- ~--~ _._-_.._~ ..~._. _.. _.~ ~.~ .~: _.. .. _ .. ,_..e._a.-.. ~ -----~ ~~9~~ o ~ ~~~~' 4 _.... ! ,.~...,, t ~~ Uanch, F/arner ~ dissociates, /nc. MICHAEL.). RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4`h Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Underwriter's Laboratories, Inc. for property at 103 North St. Louis Street and 619 East Washington Street, South Bend, Indiana: Dear Council Members: Land Surveyors .Professional Engineers Landscape Architects .Land Planners March 5, 2002 Our clients, Underwriter's Laboratories, are requesting the approval of a Rezoning for their property at 103 North St. Louis Street and 619 East Washington Street for the construction of a 26 space parking facility. This additional proposed parking will help supplement, the other existing parking areas around the Underwriter's Laboratory new building. The owners believe that the requested rezoning classification will be compatible with the other mixed uses in this neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Ranch President Ranch, Harner & Associates ~~ _. _ . _ { E ~ .. , 2422 Viridian Drive, Suite 201 ^ South Bend, IN 46628 208 West Mars ^ Berrien Springs, MI 49103 otrice 2191234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 once 6161471-3010 ^ Fax 616/471-7237 Area Plan Commission of St. Joseph County 1140 County-City Building . 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director Phone 574 235-9571 April 17, 2002 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 John W. Byorni Assistant Director Fax 574 235-9813 RE: A pproposed ordinance and site development plan of Underwriters Laboratories, Inc. to zone from "B" Residential, "B" Height and Area to "A-3" Mixed Use Multi-family Residential and Commercial, "G" Height and Area, propertrtyy located at 103 North St. Louis Avenue, and 619 East Washington Street, City of South Bend - APC x{2135-02 Dear Council Members: The above referenced ordinance and site development plan of Underwriters Laboratories, Inc. was legally advertised on Apri14: 2002. The Area Plan Commission at its public hearing on April 16, 2002, took the following action: Upon a motion by John DeLee, being seconded by Rick Podell and unanimously carried, the proposed ordinance and site development plan of Underwriters Laboratories, Inc. to zone from B" Residential "B" Height and Area to "A-3" Mixed Use Multi-family Residential and Commercial, "GL" Height and Area, proQerty located at 103 North St. Louis Avenue, and 619 East Washington Street, City of South Bend is sent to the Common Council with a favorable recommendation subject to a final site development plan. This site will serve as an off-site parking facility for the office and laboratory facility to the south. With proper buffering for the surrounding residential uses through the use of screening, as currently shown on the site plan, it is the Commission's opinion that the proposed use is reasonable for this site. However, the Commission would recommend that the parking lot be made available for public use after hours of operation. 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, w hn W. Byo~-~~n~ RSJ: sr Attachment CC: Underwriters Laboratories, Inc. CC: Danch, Hamer & Associates i iia~ X18 ~~vl~'S ®~fc~~ APR 1 7 2002 ~c~:~rr~J. a~lor~ - CITYCLEIZr,, S~. E3EPl;9, I"J. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Underwriters Laboratories, Inc. 2135-02 Location: 103 North St. Louis Avenue, and 619 East Washington Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "B" Height and Area to "A-3" Mixed Use Multi-family Residential and Commercial, "G" Height to allow a parking lot. EXISTING LAND USE: The property is currently vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single-family homes and a multi-family dwelling unit zoned "B" Residential, "b" height and area; to the east across St. Louis Avenue are single-family homes, a multi-family dwelling unit and an office zoned "B" Residential, "b" height and area; to the south across Washington Street is an office zoned "A-3" Mixed Use, "g" height and area; and to the west is a single-family home zoned "B" Residential, "b" height and area and a commercial business zoned "C" Commercial, "e" height and area. ACCESS: Access to the site will be from St. Louis Avenue. 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 8,580 square feet. Of that, the parking and drives will occupy 7,620 square feet, or 89 percent of the site; and 960 square feet or 11 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards, wetlands or • environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: PRELIMINARY STAfiF 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 subject to a final site development plan. This site will serve as an off-site parking facility for the office and laboratory facility to the south. With proper buffering for the surrounding residential uses through the use of screening, as currently shown on the site plan, it is the staff's opinion that the proposed use is reasonable for this site. However, the staff would recommend that the parking lot be made available for public use after hours of operation. „ ~ I •1 I ' I I I ~ ~ I I ~ I I I ~ it COLFAX ~ ~ I I I to a~~~ ' r tr _ ~ n~ 1 I ~ I ~ I a I _ _ _ .J ~ H I~....: • C C _ ~ _~_ 1-- - T T ~ II I _I_L IIII Illy _ ~,~ o ~ --- _ r -I - WASHINGTON ~ I W ~~`~. a L \ W (Q~y Z I/ JEFFERSON D °~ ® ~ ...a.. 01 ~ ~~ ®~ I I °o~~0i T -~ I I J_L _UJ _~ TT- - -~ rl~- ri-r I I I ~- avE. PETITION AREA J J S III _ III 1 _ 0 --- 0~ I L _ I I I ~r __L --_ --°- p-- Q \\\\ ~~ ST. I I I: _ ~ ~ ~~~ I r ~f ~ --1 I :I .. 1..I.J _ I i ~°~ I I ~' BLVD. D M ~ _ l1 11 4- _ ~ _ ~ i- ~ WAYNE ST. 0 0 ~ ~~ W I I I I I ~~ C IJ I ~ L \/ \` `\\ o H :I: ~ \ ~~ .~ _ REZONING FROM: "B" RESIDENTIAL, "B" HEIGHT & AREA, TO: "A-3" MIXED USE, "G" HEIGHT & AREA SOUTH BEND EXISTING ZONING ` ~ "A" RESIDENTIAL D I V "A-3" MIXED USE O "B" RESIDENTIAL O APC #2135-02 "C" COMMERCIAL D "C-1" COMMERCIAL O "D" LIGHT INDUSTRIAL O "PHC" PROFESSIONAL/ D HEALTH CARE 0 100 200 300 600 Graphic Scale PETITION AREA