HomeMy WebLinkAboutZoning - 4525 South Burnett DriveORDINANCE No. 10307 -14
Passed by the Common Council of the City of South Bend, Indiana
May 12,
20 14
Presented by me to the Mayor of the City of South Bend, Indiana
May 13, 20 14
City Clerk
esident of Common Council
Approved and signed by me M'f 1 1 / 20 I
City Clerk
--4 - VtPH +y Mayor
ORDINANCE NO. O
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4525 SOUTHBURNETT DRIVE, SOUTHBEND, INDIANA, 46614,
COUNCILMANIC DISTRICT N0. 6 I 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
VETERINARY HOSPITAL WITHBOARDING.
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 # 10 OF THE PLAT OF
"BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST.
JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 1.28 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. s ordinance shall be in full force and effect from and after its passage by
the Common q, i c approval by the Mayor, and legal publication.
of the Cbr*mo"n Council
Presented by me to the Mayor of the City of South Bend, Indiana on the ( 3VIN
day of Kk4 20-Ltt— at ( JS o'clock _�.m.
City rk r --�A
Approved and signed by me on the day of 1"4
20 14 , at . 30 o'clock P m.
0 epodylRayor of the City of South Bend, Indiana
10 READING 3 — 2 Ly I
PUBLIC HEARING
3rd READING S � (2,-14
NOT APPROVIO
WVMD
W, S' 12 - -14
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MAR 19 2014
_i �hiSC, s &END, IM
PETITION FOR A COMBINED HEARING
Citv oiSouth 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:
4525 South Burnett Drive, South Bend, Indiana 46614
2) The property Tax Key Number(s) is /are: Key # 1: 23 -1043 -3013
3) Name and address of property owner(s) of the petition site:
Davis Traub Real Estate LLC
15621 Hidden Oaks Court
Carmel, Indiana 46033
Ph. No.
E -Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
Pet Refuge
4626 Burnett Drive
South Bend, Indiana 46614
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): veterinary Hospital with Boarding
7) If applicable, a detailed description and the purpose of the variance(s) being requested:
The Petitioners, Davis Traub Real Estate LLC, have been the owners of the real estate at 4525 South
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 renovate the existing building into a Veterinary Hospital with
Boarding that will compliment recently approved facility located just Southwest of the Petition site at 4626
Burnett Drive.
Based on discussions with the Building Department and Area Plan Commission staffs, in order for the
Pet Refuge to operate a Veterinary Hospital at 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 proposed Veterinary
Hospital with Boarding 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 Veterinary Hospitals with Boarding. 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:
a). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story
deciduous tree every forty (40) feet to providing no additional perimeter trees along the north, east, south
and west property lines and allowed to use the existing trees to meet the intent of the Ordinance. This site
is part of an old industrial park in the City and the addition of trees along the perimeter property lines
adjacent to existing industrial sites would be extreme, as this type of landscaping is not needed against
industrial sites. The continent purchaser would ask to keep the existing trees as they are spaced though
out the site including along the street frontages of the site. The petitioners and contingent purchaser do
not believe approval of this Variance would have a detrimental affect on any adjacent property.
b). A Variance from the requirement of providing a minimum 24 ft. driveway to access the existing parking
area to a minimum of 15.5 ft. as shown for the existing driveway. The Petitioners are requesting to be
able to have a smaller than required driveway for their existing parking area. They would state that the
existing driveway accessing the existing parking area was built previously for the industrial use. The
closest pinch point is by the building where the driveway width is 15.5 ft., everywhere else the driveway
has a width of 19.5 feet to 30 feet in the parking bay area. They would state that the Veterinary Hospital
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 driveway is quite satisfactory for their facility. The Petitioners do not believe
approval of this Variance will adversely affect the surrounding properties.
c). A Variance from the requirement of providing a 6 ft. wide landscape planting bed along the front
fagade of the existing building to being allowed to use the existing fapade landscape beds to meet the
intent of the Ordinance. The existing building does have a landscape bed along the north and east side
of the building. The petitioners and contingent purchasers are asking to be allowed to continue to use
these planting beds to meet the intent of the Ordinance. The contingent purchaser plans to add some
new landscaping in said beds to replace any old or dying plant material.
The Petitioners and contingent purchasers do not believe approval of this Variance will have
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, a Veterinary Hospital with
Boarding for 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 replace landscaping
on -site where none presently dead plant material exists. This will increase the public health, safety,
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 fee: 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):
Davis Traub Real 9 rate LLC
15621 Hidden Oaks Court
Carmel, Indiana 46033
Ph.No. 317—Os—':M93
E -Mail Address N/A
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Herner &Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mdanch(iWanchharner.com
v #iJ4
LUanch, f/arner 4& Associates, Inc.
Land Surveyors ■ Professional Engineers
Landscape Architects m Land Planners
Office: (574)2344003 1(800)594-0003 0 Fax: (574)234-0009
1643 Commerce Drive • South Bend, IN 46628
Honorable Members of the City of
South Bend Common Council
40 Floor County-City Building
South Bend, Indiana 46601
RE: Rezoning Petition for 4525 South Burnett Drive,
South Bend, Indiana 46614.
March 14, 2014
MAR
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19 2014
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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 maintain
the existing streetscape landscaping. 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
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 for all property owner(s):
Davis Traub Real Estate LLC
15621 Hidden Oaks Court
Carmel, Indiana 46033
Ph. No.
E -Mail Address N/A
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Harner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mdanch @danchharner.com
_i
i
MAR 19 2014
F,M CL
Property Owners
Within 300 Feet
Burnett Davis Traub Real Estate LLC
4550 S Burnett Dr 4525 S Burnette Dr
South Bend, IN. 46614 South Bend, IN. 46614
Tax Key # 023 1043 3012 Tax Key # 023 1043 3013
KLC Enterprises LLC
Select Beverages Inc
4520 S Burnett Dr
400 N Wolf Rd Ste A
South Bend, IN. 46614
Melrose Park, IL. 60164
Tax Key # 023 1043 3005
Tax Key # 023 1043 3008
Lang Rosetto Inc KLC Enterprises LLC
63607 Pine Rd 4520 S Burnett Dr
North Liberty, IN. 46554 South Bend, IN. 46614
Tax Key # 023 1043 3009 Tax Key # 023 1043 300602
Kelko Real Estate Inc Elro Company LLC
55080 Phillips St 1431 S Michigan
Ekhart, IN. 46514 South Bend, IN. 46613
Tax Key # 023 1043 3015 Tax Key # 023 1043 300602
Updike Development LLC
3333 Independence Dr
Fort Wayne, IN. 46808
Tax Key # 023 1043 3004
R -P Properties LLC
23475 St. Rd. 4
Lakeville, IN. 46536
Tax Key # 023 1043 300901
Pet Refuge Inc
2600 W.61' St
Mishawaka, IN. 46545
Tax Key # 023 1043 3014
Hoosier Spring Co.Inc.
4604 S Burnett Dr
South Bend, IN. 46614
Tax Key # 023 1043 3007
X e ev
F MAR 19 2014
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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 # 10 OF THE PLAT OF
"BURNETT INDUSTRIAL PARK" AS RECORDED IN THE RECORDS OF THE ST.
JOSEPH COUNTY, INDIANA RECORDER'S OFFICE.
CONTAINING 1.28 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
MAR 19 2014
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