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Home My WebLink AboutRezoning - 3626 East Keller StreetORDINANCE No. s~=a se Passed by the Common Council of the City of South Bend, Indiana September 14, ~ 19 99 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana :'iry Clerk President of Common Council September 14, 19 99 Ciry Clerk Approved and signed by me September 16, 19 99 Mayor ORDINANCE NO. ~ O 2 g ' I AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3626 EAST KELLER STREET IN THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Ordinance No. 4990-68, 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, Sate of Indiana: Lots 100-104 as the same are shown and designated on the plat of the Edison Road addition. be and the same is hereby established as "D" Light Industrial, "A" Height and Area 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. 1 st READING ~ ` ~ ~'~~ PUBLIC HEARING ~-\~-q~ °ts SobS~~~tv~'~c.}~ 3 rd READING ~. ~~-°1°\ °~ S S k~ ~r~ ~,~~'~ NOT APPROVED REFERRED ~~~\~l-~z~~~ PA55fiD ~- \~\- ~~ ~, S ~~bS~-t ~-v~~c.~ ~ ,,,~~ F J U L 2 9 1599 Date Filed Application No. Date received by the Area Plan Commission We, the undersigned, make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located: 3626 East Keller Street Clay Township 2) Owner of petition site: Horvath Communications Inc. 814 Marietta Street South Bend, Indiana 46601 3) Contingent purchaser of petition site: N/A 4) It is desired and requested that this property be rezoned from "A" Residential, "A" Height and Area and "D" Light Industrial, "A" Height and Area to `~" Light Industrial, "A" Height and Area 5) This rezoning is requested to allow the following uses: An additional radio communications tower and expansion of existing related facilities. 6) Attached is a copy of a) legal description of the property; b) a list of names and addresses of all property owners and tax key numbers within 300 feet of the petition property; c) six (6) site plans; and d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition we, and any contingent purchaser, understand that if the Council approves this petition to rezone, it maybe approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one (1) year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site pan maybe requested. ine L. Horvath, President i Communications, Inc. PETITION PREPARED BY: Jacqueline L. Horvath Horvath Communications, Inc. 814 Marietta Street South Bend, Indiana 46601 (219) 233-1296 ~=fi~~ fry ~i~stt'~ ~~~~ J O L 0 7 1999 tr€s~r~,s. atlas, cmr c~E~f , vo. a~rr~, Qrs. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 54-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3626 EAST KELLER STREET 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. Charlotte Pfeifer Chairman . , - .Area Plan Commission of St. Joseph County . 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 August 18, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance~~and site development plan of Horvath Communications Inc. to zone ~~ from A Residential and D Light Industrial, A Height and Area to D Light Industrial, A Height and Area, property located at 3626 East Keller Street, City of South Bend - APC #1941-99 Dear Council Members: The above referenced ordinance and site development plan of Horvath Communications Inc. was legally advertised August 5, 1999. The Area Plan Commission at its public hearing on August 17, 1999, took the following action: Upon a motion by John McNamara, being seconded by Lee Slavinskas and unanimously carried, the~proposed ordinance~and site develo~ment~~lan of Horvath Communications Inc. to zone~from A Residential and D Light Industrial, A Height and Area to D Light Industrial, A Height and Area, property located at 3626 East Keller Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. Four of these five lots were previously zoned to "D" Light Industrial for a communications tower. This rezoning adds another lot onto the site plan in order to construct a second tower adjacent to the original one. 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 the Ordinance 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Si rel , Rober W. Sante RWS:sr Attachment CC: Horvath Communications Inc. CC: Jacqueline L. Horvath ' !~.!!'; 1 ~ 199 .. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ,i y STAFF REPORT August 9, 1999 Horvath Communications Inc. 1941-99 Location: 3626 East Keller Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential and "D" Light Industrial, "A" Height and Area to "D" Light Industrial, "A" Height and Area to allow an additional radio communications tower and expansion of existing related facilities. EXISTING LAND USE: The property currently contains a communications tower SURROUNDING LAND USE AND ZONING: Located to the north, east and south is vacant land zoned "A" Residential, "A" Height & Area; and to the west are baseball diamonds zoned "D" Light Industrial, "F" Height & Area. ACCESS: Access to the site is from Keller Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 30,238 square feet. Of that, the buildings will occupy 1,800 square feet, or 6 percent of the site; the parking and drives will occupy 6,400 square feet, or 21 percent of the site; and 22,038 square feet or 73 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards, wetlands, or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer commented that Keller Street is privately built and maintained and that the petitioner should work with the Little League to pay for and maintain the street. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site plan. Four of these five lots were previously zoned to "D" Light Industrial for a communications tower. This rezoning adds another lot onto the site plan in order to construct a second tower adjacent. to the original one. ~ ,., t '~~~~ s i ,. .. q~~ ~ PETITION AREA LITTLE LEAGUE BASEBALL FIELDS 99I98I 97 I96I 9S I 99J R.~i•• 9180 ~1I82I83I84I8SI86I87I~ A Ce oa ~ ~ ~ ~ ~ mm mm APARTMENTS 1 COMMERCIAL Y 0 0 V u 3 c s r 0 Y V ---~ 92 91 CHARLES n ST. D~t~ e9 " o a9 ee 78 77 78 75 74 7} 7 2 I 1 \,J 71 R 5. RES. e 7 ee 65 ss s4 ss se s7 se s9 eo e~ es a4 e3 I ,OBULLA ST. S1 42 S2 49 48 47 48 43 44 43 41 SO 40 REZ^NING FR^M. 'A' RESIDENTIAL, 'A' HEIGHT & AREA, AND. 'D' LIGHT INDUSTRIAL, 'A' HEIGHT & AREA TO= 'D' LIGHT INDUSTRIAL, 'A' HEIGHT & AREA PETITI^N AREA ~^UTH BEND EXISTING Z^NING _ .. 'A' RESIDENTIAL D ~ _ ... . , _ 'D' LIGHT INDUSTRIAL O ; `'°`~" `~"~-`°°~{-(~ ~(-~--~- s ~ ~ ry iJ~J MISHAWAKA EXISTING Z^NINGs' /;.~~.i l ~i e 'R4' RESIDENTIAL O ~ ' ° ; -~. - ~_~-~.~ „, 'C1' C^MMERCIAL O ! ~:;-. ;~ . ~ ..: ~.. 4 APC # 1941-99 0 100 200 q00 r^.i r~r