HomeMy WebLinkAboutRezoning - 605 North Hickory RoadORDINANCE No.
10361 -15
Passed by the Common Council of the City of South Bend, Indiana
Attest:
JOHN VOORDE
June 22,
20 15
Presented by me to the Mayor of the City of South Bend, Indiana
June 23,
JOHN
20 15
Clerk
President of Common Council
Approved and signed by me -3-y n e- a3 20 15
/ City Clerk
Mayor
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 605 NORTH HICKORY ROAD, 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 and GB General
Business Districts to PUD Planned Unit Development to allow for a mixed commercial
use project.
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:
That part of the Southeast Quarter of Section 6, 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 "McKinley- Hickory Minor Subdivision" as recorded by document
No. 0734550 in the Records of the St. Joseph County, Indiana Recorder's Office.
Containing 10.61 Acres More or Less.
Subject to all Legal Highways, Easements and Restrictions of Record.
be and the same is hereby established as PUD Planned Unit Development 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:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
L5 day of (A.r —e, , 2 nom, at o'clock c . m.
1
Citt Clerk t C"
Approved and signed by me on the 2i3 day of 301%e. 2 o 15-, at
�5 o'clock 0. M.
Ist READING 1/ —( 3 r (Js
PUBLIC HEARING (�_LLH.S� � S �
3rd READING 6 LL (r Cd Sv 5Sc�
NOT APPROVED
REFERRED /-�.p_, 'L -- -\)
PASSED b— L2,,-k5- CLT
Filed in ClArWs Office
iAY 20 W5
JOHN k"OORDIT
CITY CLERK, SOUTH SEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
20 -15 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 605 NORTH HICKORY ROAD,
SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT 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 according to the Area Plan Report attached in
file.
This bill was heard by the Zoning & Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION TO REZONE
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 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:
South Bend Self Storage LLC
Attn: Tom Johnson
11710N. Armenia Avenue
Tampa, FL 33612
813- 340 -1307
E -Mail Address N/A
4) Name and address of contingent purchaser(s), if applicable:
N/A
5) It is desired and requested that this property be rezoned:
From: CB Community and GB General Business Districts
To: PUD Planned Unit Development
6) This rezoning is requested to allow the following use(s): Mixed -Use Commercial Development.
7) 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) six (6) site plans; and
(c) addressed, stamped envelopes for all property owners within 300 feet of the petition property.
8) BY SIGNING THIS PETITION, THE PETITIONERSIPROPERTY OWNERS OF THE
ABOVE - DESCRIBED REAL ESTATE SIGNIFY THAT THEY UNDERSTAND THAT ALL
REPRESENTATIONS MADE BY THEM OR THEIR REPRESENTATIVES AT THE AREA
PLAN COMMISSION AND CITY COUNCIL MEETINGS AS TO THE SCOPE OF THE
DEVELOPMENT SHALL BE BINDING UPON THEM AND ANY SUBSEQUENT OWNER
AND OTHER PERSONS ACQUIRING AN INTEREST THEREIN. SUCH
REPRESENTATIONS SHALL BE MADE PART OF THE RECORD AND WILL BECOME A
CONDITION OF ANY FINAL PLAN APPROVAL.
ILED
APR 2 8 2015
Signature(s) of All Property owner(s), or
signature of Attorney for all property owner(s):
South Bend Ot(slorage LLC
Attn. Tom J has n
11710 N. Ar#rellia Avenue
Tampa, FL 33612
813- 340 -1307
PETITION PREPARED BY & CONTACT PERSON:
Name: Danch, Horner & Associates, Inc.
Address: 1643 Commerce Drive
South Bend, Indiana 46628
574- 234 -4003 mdanch@danchharner. com
JOHN VOORDE
_. ..Un
SOUTH SEND SELF STORAGE, LLC
Mr. Larry Magliozzi
Executive Director of the Area Planning Commission
Room 1140 County City Building
227 West Jefferson Blvd.
South Bend, IN 46601
RE: South Bend Self Storage, LLC Rezoning
Dear Mr. Magliozzi:
Please accept this letter as written confirmation that we have granted Mr. Thomas E.
Johnson full authority to sign any and all documents related to our rezoning request for
the property located at 605 N. Hickory Road, South bend, IN.
If you have any questions concerning this matter, please feel free to call me at 813 -340-
1307.
Sincerely,
Thom s .Johnson
Manager /Partner
South Bend Self Storage, LLC
111111115
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 6, 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.
CONTAINING 10.61 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF
RECORD.
Filed in Clerk's Office
APR 10 ZU11 5
F
CITY CLERK, 8 C C �TF4 BEND, IN t
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235 -9571
Wednesday, May 20, 2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of South Bend Self Storage LLC to zone from GB General Business District and CB
Community Business District to PUD Planned Unit Development District, property located at 605 North
Hickory Road, City of South Bend - APC# 2741 -15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of South Bend Self Storage LLC was legally advertised on
Thursday, May 07, 2015 and that the Area Plan Commission at its public hearing on Tuesday, May 19, 2015 took
the following action:
Upon a motion by John DeLee, being seconded by Robert Schrock and unanimously carried, the proposed
ordinance of South Bend Self Storage LLC to zone from GB General Business District and CB
Community Business District to PUD Planned Unit Development District, property located at 605 North
Hickory Road, City of South Bend, is sent to the Common Council with a FAVORABLE
recommendation. This site is suited for uses allowed in GB General Business District, LB Local
Business District, and CB Community Business District. Zoning to PUD Planned Unit Development
District will allow for a wide range of compatible commercial uses not explicitly listed in any single
zoning district.
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.
Sincerely,
�_;, P,143�
Lawrence P. Magliozzi
Attachment
CC: South Bend Self Storage LLC
Danch, Hamer & Associates
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND
WWW. TIOSE PH COUNTYI NO I ANA. COMIP.REAPLAN
Staff Report 5/8/2015
APC # 2741 -15
Owner: South Bend Self Storage LLC
Location: 605 North Hickory Road
Jurisdiction: City of South Bend
Public Hearing Date: 5/19/2015
Requested Action:
The petitioner is requesting a zone change from GB General Business District to PUD
Planned Unit Development District.
Land Uses and Zoning:
On site: On site is a former retail space that has been converted into mini -
warehouse storage units.
North: To the north are single family homes zoned SF1 Single Family & Two
Family District.
East: To the east is a vacant lot zoned PUD Planned Unit Development District
and a Dollar General store zoned CB Community Business District.
Across Hickory Road is a multi- tenant shopping plaza in the City of
Mishawaka.
South: To the south are retail stores and an Elks Lodge zoned CB Community
Business District.
West: To the west is a vacant lot zoned PUD Planned Unit Development.
District Uses and Development Standards:
The Planned Unit Development (PUD) District is designed and intended to: encourage
creativity and innovation in the design of developments; provide for more efficient use of
land; permit special consideration of property with outstanding natural or topographical
features; facilitate use of the most appropriate construction techniques in the development
of land; and, provide for any individual land use not otherwise specified elsewhere in this
Ordinance. The PUD District encourages imaginative uses of open space, promotes high
standards in design and construction, and furthers the purposes of the Comprehensive
Plan. The PUD District is not intended for the development of residential subdivisions or
other developments which are provided for as a matter of right within any district of this
Ordinance.
Site Plan Description:
The 10.61 acre site contains a 128,614 square foot building, previously used for retail. A
30,000 square foot retail space is proposed with the remaining 9,244 designated as self -
storage warehousing space. A portion of the structure is currently being used for self -
storage warehousing. A total of 117 parking spaces will be provided for all uses. The
west property line, north of the building, will be screened using either a fence or
landscaping. The existing freestanding sign along Hickory Road will remain and may not
be increased in height or area without proper approval as per the City zoning ordinance.
APC # 2741 -15 Page 1 of 3
Staff Report
Zoning and Land Use History And Trends:
5/8/2015
Prior to the adoption of the current zoning ordinance in 2004, the site was primarily zoned
C Commercial, with the northern 120' zoned B Multifamily. In 2011, the property to the
west and an outlot fronting on Hickory to the east was rezoned to PUD (APC# 2597-11)
for a self -lock storage project, CB Community Business uses, and single or multi - family
residential uses. A secondary site plan has not been submitted. In 2014, the majority of
the site was rezoned to GB General Business District (APC# 2704 -14) to allow for mini -
warehouse storage units with a Special Exception Use for outdoor storage.
Traffic and Transportation Considerations:
Hickory Road has four lanes and a center turn lane.
Utilities:
This property is served by municipal sewer and water.
Agency Comments:
The County Surveyor and Department of Community Investment offer a favorable
recommendation. The City Engineer notes that approval will be subject to a drainage plan
and final site plan review.
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:
The petition is consistent with City Plan, South Bend Comprehensive Plan (November
2006). Policy ED 1.2: Encourage reuse of abandoned and underutilized land and
structures.
Land Use Plan:
The future land use map identifies this area as Medium Density Residential.
Plan Implementation /Other Plans:
There are no other plans in effect for this area.
2. Current Conditions and Character:
The McKinley Avenue and Hickory Road area is a large commercial node with a mixture
of uses.
3. Most Desirable Use:
The most desirable use for the land is one that is compatible with the commercial and
mixed -use character of the area.
4. Conservation of Property Values:
Any improvements to the site, including screening, should not adversely affect
surrounding property values.
APC # 2741 -15 Page 2 of 3
Staff Report
5. Responsible Development And Growth:
5/8/2015
It is responsible growth and development to allow retail uses within this repurposed
building, and to allow outdoor storage within its underutilized parking lot.
Staff Comments:
Outdoor storage may be permitted on the site, but will be limited to a maximum size of
20% of the gross square footage of the building. Any outdoor storage may not encroach
within 50' of any property line, or within 200' of the north property line, and will be
required to have screening in the form of an 8' fencing or landscaping.
Recommendation:
Based on information available prior to the public hearing, staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation.
Analysis:
This site is suited for uses allowed in GB General Business District, LB Local Business
District, and CB Community Business District. Zoning to PUD Planned Unit
Development District will allow for a wide range of compatible commercial uses not
explicitly listed in any single zoning district.
APC # 2741 -15 Page 3 of 3
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