HomeMy WebLinkAboutZoning - Southeast Cornor of Meadow and Lombardy 64+ or less Acre SiteORDINANCE No. 10320 -14
Passed by the Common Council of the City of South Bend, Indiana
Attest:
Attest:
August 11,
20 14
JOHN VOORDE
Presented by me to the Mayor of the City of South Bend, Indiana
August 12, 20 14
JOHN
Approved and signed by me c U 1 Z 20 7
City Clerk
President of Common Council
City Clerk
'k- -P Mai
ORDINANCE NO. 10 3 Z0 -1 i
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, THENCE NORTH ALONG
SAID 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 2ND UNIT. 2000.92 FEET TO THE PLACE OF BEGINNING.
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.
Attest:
���'A'
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
Lkt'- day of u 1t , 2 0 t 4 , at l o'clock -P, . m.
9ty Clerk I Y)"P'-' 1
Approved and signed by me on the day of
at 3 3� o'clock . m.
,OMayor, City of South Bend, Indiana
Ist READING
PUBLIC HEARING
3rd READING 31 —k \ -1.�{ c� 1" S w
NOT APPROVED
REFERRED 4 / _ io
PASSED
Filed in Clerk's Office
JOHN V009DE
CITY CLIFIR t, SOUTH BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
34 -14 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
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 by a missed section added to the legal
description and the removal of Lot 702 from the legal description.
This bill was heard by the Zoning & Annexation Committee.
Valerie Schey
Chairperson, Committee of the Whole
Filed in CIOrk's Office
jUL 10 2014
AREA PLAN COMMI
Lawrence P. Maglioui
Interim Executive Director
Assistant Director
H COUNTY, IN
227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, July 16, 2014
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: A proposed ordinance of R & T Land Holdings, Inc. property located on the east side of Lombardy Drive,
approximately 200' south of Meadow Lane, City of South Bend - APC# 2712 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of R & T Land Holdings, Inc. was legally advertised on
Thursday, July 03, 2014 and that the Area Plan Commission at its public hearing on Tuesday, July 15, 2014 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, the
proposed ordinance of R & T Land Holdings, Inc. to zone from LI Light Industrial District to GI
General Industrial District, property located on the east side of Lombardy Drive, approximately 200'
south of Meadow Lane, City of South Bend, is sent to the Common Council with a favorable
recommendation. The industrial zoning classification of this property, along with its proximity to the
railroad line, has made this property a prime candidate for a large industrial user. The appropriate
infrastructure is, or can be, put in place and the proposed buffering will protect the surrounding
residential and recreational uses.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
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.
Sincerel ,
Ze
Lawrence P. Ma iozzi
Attachment
CC: R & T Land Holdings, Inc.
Nemeth Properties, LLC
SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND
w syosephcoungindhnacom /Armplan
Staff Report
APC #
Owner:
Location:
7/3/2014
2712 -14
R & T Land Holdings, Inc.
On the east side of Lombardy Drive, approximately 200' south of
Meadow Lane
Jurisdiction: City of South Bend
Public Hearing Date: 7/15/2014
Requested Action:
The petitioner is requesting a zone change from LI Light Industrial District to GI General
Industrial District and seeking the following five variances: 1) from the required minimum
lot frontage of 150' to 0'; 2) from the required hard surface for outdoor storage to
unpaved; 3) from the required Type C: Full Screening on the north to a 6' high berm and
a 100' buffer of existing mature trees; 4) from the required Type C: Full Screening on the
south to none; 5) from the required Type C: Full Screening on the west to a 6' high berth
and Type B: Partial Screening for the southern 350'.
Land Uses and Zoning:
On site: On site is a vacant field.
North: To the north are single family homes in the Belleville Gardens subdivision
zoned SF2 Single Family and Two Family District.
East: To the east is vacant land zoned LI Light Industrial District.
South: To the south is the Grand Trunk Western Railroad and a wooded lot zoned
A: Agricultural District (County).
West: To the west is Belleville Park zoned SF Single Family and Two Family
District and The Arbors at Belleville Park apartments zoned MF 1 Urban
Corridor Multifamily District.
District Uses and Development Standards:
The GI General Industrial District is established to provide for development of
manufacturing and processing facilities or facilities which may require substantial
amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to
generate heavy traffic and require extensive community facilities. Permitted uses in this
district may require extensive amounts of outdoor storage or outdoor operations. The
permitted uses provided for in this district should be separated from residential districts or
low intensity commercial / mixed use districts by less intense industrial districts.
Site Plan Description:
The total area is 62 acres. Based on the site plan dated 7/1/14, a manufacturing building
and approximately 400 parking spaces are proposed. A large portion of the site will
contain outdoor storage, limited by ordinance to not more than 50% of the total acreage.
The petitioner is requesting this outdoor storage area be unpaved. As an alternative to
Type C: Full Screening, on the north, a 6' high berm will be built 100' south of the existing
residential district, preserving the existing mature trees. On the west, a 6' high berm will
be built with Type B: Partial Screening (2 evergreens every 25') planted in the southern
350' across from the Arbors at Belleville apartments. The storage area will be fenced.
Access will be from an extension of Sheridan Street on the east of the site. This access
APC # 2712 -14 Page 1 of 3
Staff Report 7/3/2014
will not meet the frontage requirement, therefore the petitioner is requesting a variance
down to 0' frontage. An emergency access drive could be granted on Lombardy Drive at
the request of the fire department. Access from Lombardy Drive will need a driveway
permit from City Engineering. A rail spur on the south portion of the site will be
developed in the future.
Zoning and Land Use History And Trends:
The property was zoned E Heavy Industrial on the first zoning map from 1951 and was on
all other maps held in our office until the overall map change in 2005. The Arbors at
Belleville Park apartments were rezoned in 2002 and annexed into South Bend in 2004.
Traffic and Transportation Considerations:
The City is requesting the dedication of Lombardy Drive. Lombardy Drive is a two lane
road serving as secondary access for the apartments. Sheridan Street will be improved and
extended from Sample Street to allow access to the site. The new street must meet City
standards.
Utilities:
There is sanitary sewer in Sheridan. A 6 inch water main could be accessed in Meadow
Lane.
Agency Comments:
The Department of Public Works noted the availability of sewer and water to the site.
Upgrading Sheridan Street to industrial standards will require major expense.
The Department of Community Investment offers a favorable recommendation.
Commitments:
The petitioner is not proposing any written commitments.
Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603:
1. Comprehensive Plan:
Policy Plan:
City Plan, South Bend Comprehensive Plan (November 2006)
ED 4.3: Partner with and support the efforts of State and regional economic development
organizations.
ED 8: Promote economic development efforts that expand the property tax base.
Land Use Plan:
The future land use map identifies this area as mixed use.
Plan Implementation /Other Plans:
The Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002)
future land use map identifies the intersection of the Bypass and State Road 23 as an
industrial growth area.
2. Current Conditions and Character:
The surrounding uses have all existed for some time and are considered stable.
3. Most Desirable Use:
The most desirable use for this property is industrial, with proper buffering to protect
adjacent residential.
APC # 2712 -14 Page 2 of 3
Staff Report 7/3/2014
4. Conservation of Property Values:
With proper buffering, property values should not be negatively affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow an industrial use in a partially industrial
area with rail access.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning, and five
variances from the development standards. The Commission will forward the rezoning to
the Council with or without a recommendation and either approve or deny the variances.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved. These standards are attached and made part of the
staff report.
The petitioner has met with Area Plan staff, City Engineering and the Department of
Community Investment to address the dedication of Lombardy Drive, the extension and
improvement of Sheridan Street and the buffering and landscaping plan.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
petition be sent to the Common Council with a favorable recommendation. The staff
recommends approval of all variances.
Analysis:
The industrial zoning classification of this property, along with its proximity to the
railroad line, has made this property a prime candidate for a large industrial user. The
appropriate infrastructure is, or can be, put in place and the proposed buffering will protect
the surrounding residential and recreational uses.
APC # 2712 -14 Page 3 of 3