Loading...
HomeMy WebLinkAboutZoning & Special Exception - Property Located at 605 North Hickory RdORDINANCE No. 10311 -14 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: June 23, 20 14 Presented by me to the Mayor of the City of South Bend, Indiana June 24, 20 14 City Clerk esident of Common Council Approved and signed by me 07V" f 3 v 20 At ./ D City Clerk 1/ ORDINANCE NO. [ O3 (( < AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM CB COMMUNITY BUSINESS DISTRICT TO GB GENERAL BUSINESS DISTRICT AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO OPERATE A MINI - WAREHOUSING FACILITYLITY WITH OUTSIDE STORAGE WITHIN THE GB GENERAL BUSINESS DISTRICT CLASSIFICATION. 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 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS. LOT # 4 OF THE PLAT OF "MC KINLEY - HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT # 4; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 4; THENCE N. 89 °2822" W. ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 155.61 FEET ;THENCE N. 00002'06"E. A DISTANCE OF 130.00 FEET, THENCE S.89 °28'22" E. A DISTANCE OF 145.61 FEET TO THE WEST LINE OF HICKORY ROAD; THENCE ALONG SAID WEST LINE FOR THE NEXT THREE (3) COURSES, S 00 002106" W. A DISTANCE OF 1651 FEET AND S. 89 057154 "E. A DISTANCE OF 10.00 FEET AND S. 00 002'06" W. A DISTANCE OF 113.58 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 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. That a Special Exception for the Mini - Warehousing facility with outside storage in a GB General Business zoning district is hereby granted subject to screening of the outdoor storage and the site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Commonfeun�cil, approval by the Mayor, and legal publication. Council Attest: L eL 1 City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2-(f44l day of -3 Lt, re 2W( `( , at 3 " 00 o'clock -P—L —.m. ( City erk I 'V } 1 Approved and signed by me on the 30 day of 7UAe E 20 lH , at 3:00 o'clock P .m. ayor/Deputy Mayor of the City of South Bend, Indiana t st READING PUBLIC HEARING //�.�� 6' 3rd READING 6 -L3 -ty NOT APPROVED REEF. 7 L�-'t � II Filed in C Nrk''s Office E M 2,U n14 JOHS# ±i cirr cLIM v fern, iN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 28 -14 A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO. 4 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 to correct the legal description from section 6 to 5 and the special exception was recommended favorably by the Area Plan Commission subject to screening. That condition has been added to Section II. This bill was heard by the Zoning & Annexation Committee. Valerie Schey Chairperson, Committee of the Whole EXHIBIT "A" NOTE: The City of South Bend Zoning Ordinance, requires the use of this form in recording commitments made with respect to Development Plan Approvals, Zone Map Changes or Planned Unit Developments in accordance with I.C. 36 -7 -4 -613 or I.C. 36 -7 -4 -615. COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE 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 COMMITMENT concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 4 OF THE PLAT OF "MC KINLEY - HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT # 4; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 4; THENCE N. 89 °2822" W. ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 155.61 FEET,-THENCE N. 00002'06"E A DISTANCE OF 130.00 FEET- THENCE S.89 02822" E. A DISTANCE OF 145.61 FEET TO THE WEST LINE OF HICKORY ROAD; THENCE ALONG SAID WEST LINE FOR THE NEXT THREE (3) COURSES, S. 00 °02'06" W. A DISTANCE OF 1651 FEET AND S. 89-57,54"E. A DISTANCE OF 10.00 FEET AND S. 00 °02'06" W. A DISTANCE OF 113.58 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. STATEMENT OF COMMITMENT: 1. No buildings, outside storage areas or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the North property line of the above described property. This COMMITMENT 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. This COMMITMENT 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. 1 NNAN2 742019v1 Ord. No.: 9495 -04 COMMITMENT contained in this instrument shall be effective upon the approval of petition # 2704 -14 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. This COMMITMENT 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 # 2704 -14. IN WITNESS WHEREOF, Owner has executed this instrument this day of , 2014 . Henry Walters Holdings LLC M Printed (Organization Owner) 2 INWAN2 742019v1 Ord. No.: 9495 -04 (Organization Acknowledgment) STATE OF) ) SS: COUNTY OF) Before me, a Notary Public in and for said County and State, personally appeared the of Henry Walters Holdings LLC, 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 day of 2014. Signature Printed County of Residence My Commission expires: This instrument was prepared by Danch, Hamer & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana 46628. 3 1NNAN2 742019v1 Ord. No.: 9495 -04 PETITION FOR A COMBINED HEARING Citt (South Bend Indiana 1(we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 605 North Hickory Road, South Bend, Indiana 46615 2) The property Tax Key Number(s) is /are: Key # 1: 18 -5201 -7736 3) Name and address of property owner(s) of the petition site: Henry Walters Holdings LLC 600 East 84`x' Avenue Merriville, Indiana 46410 574- 234 -7870 E -Mail Address N/A 4) Name and address of contingent purchaser(s), if applicable: TEJProperties Attn: Tom Johnson 4014 Gunn Highway Tampa, FL 33618 813- 340 -1307 E -Mail Address N/A 5) It is desired and requested that this property be rezoned: From: CB Community Business District To: GB General Business District 6) This rezoning is requested to allow the following use(s): Mini- Warehousingfacility with outside storage. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: The Petitioners, Henry Walters Holdings LLC have been the owners of the real estate at 605 North Hickory Road for the past few years as shown in the records of the Auditor's office. They have been approached by TEJ Properties who would desires to purchase the property and operate a Mini - Warehousing facility with outside storage at the site. The contingent purchasers would renovate the existing buildings to turn the structures into a climate controlled warehousing facility with outside storage. They would also be performing additional maintenance on the exterior of the existing structure. Also shown on the site plan are possible future buildings that may be added as demand for their facility increases. Based on discussions with the Building Department and Area Plan Commission staffs, in order to be allowed to operate the proposed Mini - warehousing facility with outside storage as shown, the property would be required to be Rezoned, a Special Use would be required to be approved for the use under the GB General Business zoning classification. A few Variances would be needed to be approved as well, to bring the existing improvements on the property into compliance with the developmental standards under the GB General Business zoning standards. The existing buildings have been vacant for quite some time and were previously used as a retail outlet and a grocery store. The operation of the Mini - Warehousing facility with outside storage as noted requires a Rezoning, Special Use and Variances. Once the Rezoning is initiated, the properties included are 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 for screening type, perimeter landscaping and foundation landscaping. 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 all perimeter property boundaries to providing no additional trees along the East, North and West property lines and being allowed to use existing trees along the South property line as shown. The petitioners are asking for approval of this Variance as the property is located in an older developed commercial corridor site. There are existing paved areas along the East portion of the site with access drives adjacent to a vacant commercial site and the Dollar General store. The site has limited frontage along Hickory Road with other than access points to said street. Along the North property line, there is intended to be a evergreen screen as shown to buffer the view of the site from the existing single - family homes along Sorin Street in the McKinley Terrace subdivision. Along the west property line is a parking lot and very limited area along the west side of the existing building. Along the South property line the petition site backs up to other commercial sites. The owners plan to leave the existing tree line along this portion of the site. The Petitioners and contingent purchasers do not believe approval of this Variance would have a negative impact on any surrounding property. 2). A Variance from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the North and East facades of the existing building to no landscaping as shown. The Petitioners would state that the when the structure was built back in the 1970's, there was no requirement to provide a foundation landscape area for the front facades of a building. The shown structure has an existing sidewalk along the North facade of the building with a large portion containing an overhanging canopy area. The building is oriented to the North and does not face directly towards Hickory Road. Along the East facade of the building there is an existing paved driveway that allows for truck access to the rear of the building from Hickory Road and has no room to add a landscape area. The building is proposed to be used for a Mini - Warehousing facility and the Petitioners believe that foundation landscaping for such a use was most likely not envisioned by the authors of the City's landscape requirements for a retrofit project. The Petitioners do not believe approval of this Variance would have an adverse impact on any surrounding property. 3). A Variance from the requirement of providing Type "C" Residential Bufferyard screening along the North line to providing a Type "B" Residential Bufferyard along said North line as shown. The Petitioners would state that the existing property never had screening along the North line of the property for almost the past 40 years. There is an existing area of mature trees and scrub vegetation that provides some buffering of the site from the existing single - family homes. The Petitioners would like to keep the existing trees and vegetation and supplement it with a row of evergreen trees placed to the South of said existing trees and vegetation. The minimum height of the evergreen trees to be planted would be 6 ft. and have a maximum spacing of 15 feet on- center. This would allow the evergreens to grow naturally and fill in the spacing between trees without crowding the plants and having the possibility of the evergreens to lose their buffering potential. The Petitioners believe approval of this Variance would be in keeping with the intent of the City's Ordinances and will create an evergreen buffer that presently does not exist. They do not believe approval of this variance would have an adverse impact on the 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 a major commercial corridor that includes several varying types commercial uses located both in the City of South Bend as well as in the City of Mishawaka located just to the east of the Petition site. This area has been a commercial node for both City's for the past several decades. The Petitioners desire to renovate the existing structures, have the option to add new structures and have outside storage for their clients. The outside storage would not be the primary use of the site. The existing building will be renovated both inside and on the exterior to allow a climate controlled environment. The requested number of Variances, reflects a situation that exists for renovation projects that are located in older neighborhoods. The building has existed for the past several decades and has been vacant for the past several years. The site 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 renovate the exterior of the existing structure, allow a re -use of a vacant building and add landscaping on -site where none presently exists. This will 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 screening, landscaping than has existed before. The proposed improvements should help to stabilize values for neighborhood 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. The strict enforcement of the Ordinance would make any proposed improvements very restricted and create a situation where owners could do little to add value to their 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 and Special Exception. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: The Petitioners are requesting approval of a Special Exception Use as allowed under Section 21 -03.07 (2)(B) of the City of South Bend Zoning Ordinance to allow for a Mini - Warehousing facility with outside storage on property zoned GB General Business District. 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 proposed Mini - Warehousing facility with outside storage should be an added convenience for patrons using the facility from the surrounding portion of South Bend and Mishawaka. The proposed use will allow for the renovation of an existing large commercial building that has been vacant for several years and with the proposed building improvements and additional site landscaping/screening should not have a negative impact on any of the surrounding properties or the community at large. 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 proposed Mini - Warehousing facility with outside Storage is centrally located to several types of residential uses both in the City of South Bend and Mishawaka. With the proposed screening and landscaping, values on adjacent properties should not be adversely affected. 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. Along this portion of Hickory Road in a major commercial node for two Cities, the proposed use is in keeping in character with of the district and the surrounding neighborhood. This proposed use will blend with the mixture of commercial uses in the Hickory Road and McKinley Avenue corridors. The Petitioners would state that the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The City Comprehensive plan shows that this portion of Hickory Road is appropriate for commercial development. 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): IN Henry Walters Holdings LLC 600 East 84'^ Avenue Merriville, Indiana 46410 574- 234 -7870 PETITION PREPARED BY & CONTACT PERSON: Name: Danch, Harner & Associates, Inc. Address: 1643 Commerce Drive South Bend, Indiana 46628 574 -234 -4003 mdanch@danchharner.com �ce w crrrOLFRK, 3QljTk sE;1D. 1pa LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: LOT # 4 OF THE PLAT OF "MC KINLEY- HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT # 4; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 4; THENCE N. 89 °2822" W. ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 155.61 FEET-THENCE N. 00 002'06 "E. A DISTANCE OF 130.00 FEET- THENCE S.89 02822" E. A DISTANCE OF 145.61 FEET TO THE WEST LINE OF HICKORY ROAD; THENCE ALONG SAID WEST LINE FOR THE NEXT THREE (3) COURSES, S. 00 002'06" W. A DISTANCE OF 1651 FEET AND S. 89 05754 "E. A DISTANCE OF 10.00 FEET AND S. 00 002'06" W. A DISTANCE OF 113.58 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.