HomeMy WebLinkAbout06-09-14 Council Agenda & Packetr_Te12lj1e7:1
SOUTH BEND COMMON COUNCIL MEETING
MONDAY, JUNE 9, 2014 7:00 P.M.
1. INVOCATION — CHAPLAIN SYLVESTER WILLIAMS
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION
WILL BE ASSISTANT DEPUTY CHIEF OF STAFF BRIAN
PAWLOWSKI
14 -54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, PUBLICLY COMMENDING JONATHAN
BURKE FOR HIS DEDICATED SERVICE AS THE CITY'S 11T
DIRECTOR OF THE MUNICIPAL ENERGY OFFICE
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
NONE
8. BILLS, THIRD READING TIME:
BILL NO.
NONE
9. RESOLUTIONS
BILL NO.
NONE
10. BILLS, FIRST READING
RTT,T, Nn.
FIRST READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT SOUTHEAST
CORNER OF MEADOW AND LOMBARDY 64+ OR - ACRE SITE,
COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH
BEND, INDIANA
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT
TIME:
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services are Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible.
Ira. NAY
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF MEADOW AND LOMBARDY 64+ OR -
ACRE SITE, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
THE PROPERTY IS CURRENTLY ZONED "LI," LIGHT INDUSTRIAL. THE BUYER (ANDREW
NEMETH PROPERTIES, LLC) SEEKS A "GI," GENERAL INDUSTRIAL ZONING. THE PURPOSE
OF THIS ZONING CHANGE IS TO ALLOW THE END USER, THE NELLO CORPORATION, INC.
THE APPROPRIATE ZONING FOR ITS INTENDED USE (HEAVY INDUSTRIAL AND
MANUFACTURING OF GALVANIZED TOWERS AND POLES) AS WELL AS OUTDOOR
STORAGE OF BOTH RAW MATERIAL AND FINISHED PRODUCTS.
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:
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP
37 NORTH, RANGE 2 EAST DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
WEST LINE OF SAID SECTION 16,1180 FEET SOUTH OF THE NORTHWEST CORNER OF SAID
SECTION 16; THENCE SOUTH ALONG SAID WEST LINE OF SECTION 16,1447 FEET MORE OR
LESS TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 16,
THENCE EAST ALONG THE EAST AND WEST LINE OF SAID SECTION 16, 1586.59 FEET,
MORE OR LESS TO THE NORTHWEST RIGHT -OF -WAY LINE OF THE GRAND TRUNK
WESTERN RAILROAD COMPANY; THENCE NORTHEASTERLY ALONG SAID RIGHT -OF-
WAY LINE, 446.9 FEET, MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE
EAST HALF OF SAID, NORTHWEST QUARTER OF SECTION 16,1135 FEET, MORE OR LESS,
THENCE EAST 4.6 FEET MORE OR LESS, TO THE SOUTHWEST CORNER OF LAND
CONVEYED TO PAUL A. MAVIS; THENCE NORTH ALONG SAID WEST LINE OF LAND
CONVEYED TO PAUL A. MAVIS 140 FEET TO THE SOUTHEAST CORNER OF THE
RECORDED PLAT OF BELLEVILLE GARDENS 2ND UNIT, AN ADDITION TO THE CITY OF
SOUTH BEND; THENCE WEST ALONG THE SOUTH LINE OF SAID PLAT OF BELLEVILLE
GARDENS 2 "D UNIT, 2000.92 FEET TO THE PLACE OF BEGINNING.
LOT NUMBER 702 AS SHOWN ON THE RECORDED PLAT OF BELLVILLE GARDENS 2ND
UNIT, AN ADDITION TO THE CITY OF SOUTH BEND, INDIANA
be and the same is hereby established as GI General 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.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of 2 , at o'clock . M.
City Clerk
Approved and signed by me on the day of
at o'clock . M.
Mayor, City of South Bend, Indiana
1st PjADM 6-7—q
PUBLIn HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
2 ,
Filed In Clerk's Office
=-4
JOHN VooriDE
CITY CLERK, SOUTH SEND, IN
P!✓'I ITION FOR A COMBINED PUBLIC 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.
1) The property sought to be rezoned is located at: Southeast Corner of Meadow and Lombardy, Proposed Nello
Corporation, Inc. Site.
2) The property Tax Key Number(s) is /are: 71 -08 -16 -151- 032.000 -026
71 -08 -16 -151- 035.000.026
71 -08 -16 -151- 036.000 -026
3) Name and address of property owner(s) of the petition site:
R &T LAND HOLDINGS, INC.
57706 Crumstown Highway
South Bend, IN 46619
(574) 234 -0704)
rmalthys@comcast.net
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
Andrew Nemeth Properties, LLCINello Corporation, Inc.
211 West Washington Street, Suite # 2114 or 42000
South Bend, IN 46601
(574) 288 -6000
anenieth@neinethpropertie.F.com
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: Choose current zoning district LI Light Industrial District
To: GI General Industrial District
6) This rezoning is requested to allow the following use(s): Outdoor Storage of both raw material and finished
products, and the manufacturing of galvanized steel towers and poles.
7) If applicable, a detailed description and the purpose of the variance(s) being requested: I)A frontage variance
from the required 100' offrontage to 0: 2) A hard surface variance from the required hard surface for outdoor
storage to unpaved for the outdoor storage and 3) a landscaping vairance for the Northern Elevation as we would
like to install a hurm to shield the site from the Residential neighbors. As far as a bufferyard there is currently a
60' -80' of natural mature trees.
8) A statement on how each of the following standards for the granting of variances is met:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the
community:. The outdoor storage area to be used will primarily be on the southern end of the
property, it will be shielded by either one or both building(s) and have visibility from Rail Road Tracks,
and vacant land owned by the rail road company (SE). It will be of no detriment to any residential
user within 300' of the site.
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and: On the north elevation, the 60 -80' buffer of mature trees acts as a
natural buffer and to remove these trees in their current state and replace with much smaller
evergreens seems criminal and will have an adverse effect on the intended ordinance nor disrupt the
quiet enjoyment of the residential area on the northern elcvation.t
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: 1t is not pragmatic to expect the end user to install asphalt underneath the storage area
when it will be on racks and stacked in a uniform fashion. The ashpah could not withstand the weight
of the materials stored and would be disastrous to maintain and an extremely burdensome cost on a
regular basis creating an undue hardship for the end user.
9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be
submitted.
10) Attached, and made a part of this PETITION, is:
(a) 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;
(b) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
CONTACT PERSON:
Andrew J Nemeth, Managing Partner
Nemeth Properties, LLC
211 West Washington.Street, Suite #2114
South Bend, IN 46601
(574) 258 -6000
crnerrueth @nenietlaproperties. cone
Signatures) of all pr perty owner(s) or signature of Attorney for all property owner(s):
Filed in Ci!.. I€ Office
SUN -A 2Q14
JOHNVOOgDE
CITY CLERK. Snt1TH BEND, IN
PRELIMINARY SITE PLAN REQUIREMENTS
A. Tabulated (listed) Data(Note. data arefor illustrative purposes only)
1. LAND COVERAGE AREA % OF TOTAL AREA
Total: 1.75 acres
76,230 sf
100%
a. buildings (ground floor only)
20,000 sf
26%
b. parking & loading, and drives
33,361 sf
44%
c. open space (yards, landscaping, etc)
22,869 sf
30%
2. Proposed land uses & floor area (e.g. bank, retail shopping center, office, pizza parlor, apartments)
USE
FLOOR AREA
% OF TOTAL FLOOR AREA
BUILDING HEIGHT
a. Office
5,000 sf
25%
1 story; 35'
b. Retail
'
5,000 sf
25%
1.5 story; 40'
c. Restaurant
10,000s
50%
1 story; 32'
Sub -Total
20,000 sf
100%
d. Residential
HEIGHT
# OF UNITS
BEDROOMS /UNIT
TOTAL BEDROOMS
budding 1
3- story / 40'
10
2
20
building2
5
2
10
building 3
5
1
5
building 4
2 -story / 30'
8
3
24
Sub -Total
28
8
59
e. Estimated population; Project Density
3. Parking ratios per use as required by ordinance, and number of spaces to be provided.
B. Current and Proposed: Sanitary Sewer or Septic; Storm Sewer; Public or Private Water Facilities.
C. Name, address and phone number of engineer, surveyor, owner /developer, and landscape architect.
D. Mapped Information (drawn to scale)
1. North arrow, written and graphic scale, date.
2. Boundaries of property with dimensions.
3. Location of buildings, uses and easements.
4. Location and composition of open spaces, landscape planting areas and buffer strips.
5. Location of parking and loading areas, entry and exit drives.
6. Abutting public and private streets.
7. Building and parking setbacks.
8. Location, height, size and type of sign(s).
9. Topography and other natural features.
10. Sanitary, storm sewer, and public water connections; or, private well and septic system locations
NOTE: additional information may be required during the review process so that the Commission can make an informed
decision.
Filed In Clerk's Office
Jim -47014
JOHN V`�OqUE
CITY CLERK,:i(iUTMI REND, IN
rr ��il
Area Plan Commission of St. Joseph. County, IN
1140 County -City Bldg., 227 W. Jefferson Blvd. South Bend, IN 46601
( 574) 235 -9571 www. stioseoheounivindianacom /areaolan.
INSTRUCTIONS FOR REZONING
City of South Bend, IN
FOR COMBINED HEARINGS which include A REZONING and any or all of the following:
VARIANCE(S), SPECIAL EXCEPTION USE AND SUBDIVISION
Submittal Deadline and Place of Filing: 12:00 Noon, City Clerk's Office, 4d' Floor of the County -City Building,
on the Wednesday before the FIRST Council meeting of the month.
Submittal Documentation
PETITION and ORDINANCE forms are available from the Area Plan Commission office, or on the Commission's
website. (The APC website has form - enabled documents).
1. PETITION. An original and one copy, typed on 8 1/2" x 11" paper.
2. ORDINANCE. An original and one copy, typed on 8 1/2" x 1 1" paper.
3. A list of the names and addresses of all property owners, and the property tax key numbers, for all
properties within 300 feet of the petition property.
4. Stamped, business -size envelopes, addressed to all property owners within 300 feet of the petition property.
Do not put a return address. The Commission will place its own on the envelope.
5. Seventeen (17) copies of a PRELIMINARY SITE PLAN. See attached requirements.
6. Filing Fees: Cash, check, or money order payable to the Area Plan Commission and City of South Bend in
the amount prescribed in the Fee Schedule available from the Area Plan Commission office, or on the
Commission's website.
7. Any other documentation that may be required by the Commission to make an informed decision.
General Outline of Procedures
A. The staff of the Area Plan Commission will make every effort to assist you as you prepare the Ordinance and
Petition. For any questions regarding filling out the forms, or the rezoning procedure, please contact the
Commission staff.
B. When variances from the development standards are also being requested, it is highly advisable that the
Building Department is consulted to ensure that the appropriate type and number of variances required are
identified.
C. During the review by the Commission staff, additional information, clarification, or corrections may be
requested. Changes are submitted directly to the Commission.
D. the petition will not beset for a public hearing until all required documentation, clarifications, or corrections
are submitted prior to the publication of the legal ad. It is the responsibility of you or your representative to
respond in a timely manner.
E. Once a petition is set to be heard, you or your representative must post signs on the property at least ten 10
days prior to the Area Plan Commission's public hearing, and again at least ten (10) days prior to the Council's
public hearing. The signs must be posted in a conspicuous place on the property for which rhP rezoning, is
sought. These signs are available at the Area Plan Commission office after the
ffed
d10 Qf4 a ygtf9{ O(
cost of $5.00 per sign. You will be notified on how many signs will be required, and wJll.barea
for pick -up.
p�- 42014
Press TAB to complete the attached Ordinance and Petii on.
JOHN, Viii* uk
CITY CLEW , SCh; e H BEND, IN