HomeMy WebLinkAboutRezoning - 1619 Franklin St. & 1623 Franklin St. ORDINANCE No . 10397-15
Passed by the Common Council of the City of South Bend, Indiana
November 9, 20 15
Attest: i \/r-e-tA City Clerk
JOHN VOORDE
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Attest: —�. President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 10, 20 15
\ IA b`1C1 1 City Clerk
JOHN VOORDE
Approved and signed by me N a 4 eM tQ( 10 � 20 1 5
Mayor
ORDINANCE NO. Le 3 1 -
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1619
FRANKLIN STREET AND 1623 FRANKLIN STREET,COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF
SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
TO REZONE THE PROPERTY FOR THE EXPANSION OF AN EXISTING INDUSTRIAL USE
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:
SOUTH 1/2 OF LOT 36 STULLS 5TH ADDITION AND 33 FT OF THE NORTH SIDE OF LOT 37 STULLS 5TH
ADDITION
be and the same is hereby established as LI Light Industrial District
SECTION II. This ordinance shall be int full force and effect from and after its passage by the Common Council,
'1101.1- 1. 1711°111'
approval by the Mayor,and legal publication.
Member of the-mmon Council
Attest:
- iter —
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the t� day of Nc ,
20 I r ,at I 3s o'clock 1 • .m.
Ci lerk
Approved and signed by me on the I V day of Novti•ba! ,20 15 ,at 6:SO o'clock
—r—
Mayor ofC • • outh Bend, Indiana
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1• READING \ I �` 77—I
PUBLIC HEARIN;.' ‘ l—�"�J UCN4 �,
rd READING l—�(�( CITY CLENi.,$O.I i ; 3ENE),IN
NOT APPROVED 6V l ,f
REFERRED
PASSED k—ck—L3
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
48-15 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT 1619 FRANKLIN STREET AND
1623 FRANKLIN STREET, 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 no recommendation due to
a lack of a quorum.
This bill was heard by the Zoning and Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION 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: 1619 FRANKLIN ST AND 1623 FRANKLIN ST
2) The property Tax Key Number(s) is/are: 18-8028-1128& 18-8028-1129
3) Name and address of property owner(s)of the petition site:
EGGERS REAL ESTATE LLC
408 W INDIANA AVE
SOUTH BEND, IN 46616
574-993-1200
heggers@sbform.com
Name and address of additional property owners, if applicable:
4) Name and address of contingent purchaser(s), if applicable:
EGGERS REAL ESTATE LLC
408 W. Indiana Ave
South Bend, IN 46613
574-993-1200
heggers@sbform.corn
Name and address of additional property owners, if applicable:
5) It is desired and requested that this property be rezoned:
From: SF2 Single Family Two Family District Additional zoning district, if applicable
To: LI Light Industrial District
6) This rezoning is requested to allow the following use(s): to add additional warehouse space for a current
manufacturing plant and to create new jobs.
7) If applicable,a detailed description and the purpose of the variance(s)being requested: 1) From the required
50'side residential bufferyard to 10'; and 2)From the required 50'rear residential bufferyard to 10'
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: No
(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: NO
(c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of
the property: YES
9) If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also be
submitted. YES
10) If applicable, a detailed description and purpose of the Special Use(s)being requested: YES
11) A statement on how each of the following standards for the granting of a Special Exception is met:
(a) The proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare: NO
(b) The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein: NO
(c) The proposed use will be consistent with the character of the district in which it is located and the land
uses authorized therein; and: YES
(d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan. YES
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 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.
CONTACT PERSON: r
k..-)eft._ c w..M
HERB EEGGERS W Sct,wyf at Sh r^-o)
408 W INDIANA AVE _ `(1cef
SOUTH BEND, IN. 46613 S l Y
574-993-1200
heggers @sbform.corn
Signature(s)2prop or signature of Attorney for all property owner(s):
Filed in Cirric's Office
� 02015
JOHN VOA 1:
CITY CLERK,SOU rJ�jENQ,IN
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C LAWRENCE 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,October 21,2015
The Honorable Council of the City of South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Eggers Real Estate LLC to zone from SF2 Single Family&Two Family District to
LI Light Industrial District and property located at 1619& 1623 Franklin Street, City of South Bend-APC1
2756-15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Eggers Real Estate LLC was legally advertised on
Thursday, October 08, 2015 and that the Area Plan Commission at its public hearing on Tuesday,October 20,
2015 took the following action:
Upon a motion by John McNamara, being seconded by Oliver Davis and unanimously carried,a
proposed ordinance of Eggers Real Estate LLC to zone from SF2 Single Family&Two Family
District to LI Light Industrial District property located at 1619&1623 Franklin Street,City of South
Bend, is sent to the Common Council with a FAVORABLE recommendation. This rezoning will
allow for the appropriate expansion of an industrial property in a mixed use neighborhood. The
landscaping will serve as a significant buffer between this site and the adjacent residential uses.
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,
,
fp. Asti
It
Lawrence P. Magliozzi
Attachment
CC: Eggers Real Estate LLC
SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA & ROSELAND
www.sTJOSEVHCO UNTYINOI.NA.COIIJAREAVLAN
Staff Report 10/7/2015
APC # 2756-15
Owner: Eggers Real Estate LLC
Location: 1619 & 1623 Franklin Street
Jurisdiction: City of South Bend
Public Hearing Date: 10/20/2015
Requested Action:
The petitioner is requesting a zone change from SF2 Single Family& Two Family District
to LI Light Industrial District and seeking two variances from the development standards.
Land Uses and Zoning:
On site: On site is an existing single family house.
North: To the north is the South Bend Form Tool facility zoned LI Light Industrial
District.
East: To the east across Franklin Street is a roofing and sheet metal facility zoned
GI General Industrial District.
South: To the south are vacant lots zoned SF2 Single Family& Two Family
District.
West: To the west are single family homes zoned SF2 Single Family&Two
Family District.
District Uses and Development Standards:
The LI Light Industrial District is established to provide for development of
office/warehouse, warehouse/distribution, wholesale,assembly and manufacturing or
processing facilities which are clean, quiet, free of hazardous or objectionable elements
such as noise,odor, dust, smoke, or glare. Permitted uses in this district tend to generate
heavy traffic,require extensive community facilities, and may require limited amounts of
outdoor storage. The LI District is also intended to function as a transitional district
between the more intense general industrial districts and other less intense districts.
Site Plan Description:
The site consists of two narrow residential lots, totaling 0.23 acres. The existing
residential structure will be razed to make room for a 2,880 square foot storage
warehouse. The petitioner is proposing a 10' setback from the west and south property
lines. The west property line, which is separated from the adjacent residential district by
an alley, and the south property line will be screened with Type C: Full Screening
Landscaping. The building will be accessed from a new concrete drive that will adjoin
with the existing parking lot to the north.
Zoning and Land Use History And Trends:
This site has been zoned SF2 Single Family&Two Family District since 2004.
Traffic and Transportation Considerations:
Franklin Street has two lanes.
APC # 2756-15 Page 1 of 3
Staff Report 10/7/2015
Utilities:
The site will continue to be served by municipal sewer and water.
Agency Comments:
County Surveyor recommends approval. City Engineer recommends approval subject to
the final drainage plan.
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): Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the
city; and Policy ED 2.3: Create opportunities for manufacturing companies to locate in the
community.
Land Use Plan:
The Future Land Use Map identifies this area as medium density residential.
Plan Implementation/Other Plans:
The Rum Village Neighborhood Action Plan (1995) identifies this area for small
office/service uses.
2. Current Conditions and Character:
The area to the north of Indiana Avenue and to the east of Franklin Street have developed
as industrial districts. The area to the southwest of the site begins the residential Rum
Village Neighborhood.
3. Most Desirable Use:
The most desirable use is one that is compatible with the industrial character of the area,
while limiting any negative impact to adjacent residential properties.
4. Conservation of Property Values:
Due to the full screening landscaping that will be installed to the south and west property
lines,surrounding property values should not be adversely affected.
5. Responsible Development And Growth:
It is responsible development and growth to allow this existing and prospering industrial
area to expand a limited amount into an underutilized residential block.
Staff Comments:
This is a combined public hearing procedure, which includes a rezoning and 2 variances
from the development standards. The Commission will forward the rezoning to the
Common Council with or without a recommendation and either approve or deny the
variances.
APC# 2756-15 Page 2 of 3
Staff Report 10/7/2015
The variances are as follows:
1) from the required 50' side residential bufferyard to 10'; and
2) from the required 50'rear residential bufferyard to 10'.
State statutes and the South Bend Zoning Ordinance require that certain standards must be
met before a variance can be approved.
(1)The approval will not be injurious to the public health, safety, morals, and general
welfare of the community. The proposed setbacks are consistent with the LI Light
Industrial District. This development will remove an abandoned house and a vacant lot
from the neighborhood.
(2)The use and value of the area adjacent to the property included in the variance will not
be affected in a substantially adverse manner. The value of the adjacent industrial
properties will not be affected by the addition on an industrial building. The value of the
surrounding residential properties will not be adversely affected due to the substantial
screening that will be installed.
(3) The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property. The strict application of the residential bufferyard
setbacks would not allow this site to develop as any type of industrial use.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the
rezoning petition be sent to the Common Council with a favorable recommendation.
The staff recommends approval of both variances.
Analysis:
This rezoning will allow for the appropriate expansion of an industrial property in a mixed
use neighborhood. The landscaping will serve as a significant buffer between this site and
the adjacent residential uses.
APC # 2756-15 Page 3 of 3