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Home My WebLink About9921-09 Rezoning - 244 Olive Street - District 2ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana May 11 20 09 Attest: City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of Soutlt Bend, Indiana May 12 20 09 ~ ~. (^ 'E City Clerk Approved and signed by me May 14, 2p 0 9 Mayer ORDINANCE NO. ~ ~ ~ `"° AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 244 SOUTH OLIVE STREET, SOUTH BEND, IN, 46619, COUNCILMANIC DISTRICT NUMBER 2, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Rezoning to CB, Community Business District for the west portion of the site to allow for allowed uses. The existing East half of the site will remain GI, General Industrial District. A special exception (for exterior car sales) and variances are being sought from the BZA, concurrent with this split rezoning. The BZA hearing is set for Thursday, April 16th, 2009. 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 parcel of land located in the Northeast'/ of Section 10, Township 37 North, Range 2 East, St. Joseph County, Indiana, being a portion of Lot Three (3) of J. Hammes Minor Subdivision which is recorded as instrument no. 9618392 in the Office of the Recorder of St. Joseph County, Indiana, more particularly described as follows: The "Point of Beginning: being the Northwest corner of said Lot Three (3); thence North 89°26'45" East, along the North line of three (3), a distance of 192.25 feet; thence South 00°02'59" East a distance of 446.82 feet to the South line of Lot Three (3); thence South 89°26'45" West along said South line a distance of 912.64 feet to the Southwest corner of Lot Three (3); thence North 00°00'00" East along the West line of Lot Three (3) a distance of 446.82 feet to the "point of beginning." Containing 1.974 acres, more or less. be and the same is hereby established as CB Community Business 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. Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the t t ~n day of Vy4~ , 2~_, at t l ~, 3 ~ o'clock ~. m. 'OR-p~ , City Clerk Approved and signed by me on the ~ day of ~ , 2 4 , at ~.~ o'clock ~. m. Mayor, ity of uth Bend, Indiana 1 st READING 3 ~ ~~ ~s ~, ~•-~~ PUBLIC HEARINGS "~ ~-mil Q.S Sw 3 rd READING S - l ~`~ Q,S Su-~ss'- ~~c~ NOT APPROVE O Filed In Clerk'S Qfifiice APR - 6 2009 JOHN VOORDE CITY CLERK, 50. BEND, IN. REFERRED ~ '~ ' 3 ~~ " PASSED 5-~~-oq Cl, S S u~-~ S~r-~ °-~ TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 21-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619, COUNCILMANIC DISTRICT 2ND DISTRICT 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. Ann Puzzello Chairperson, Committee of the Whole Date Filed MARCH 24, 2009 Date received by the Area Plan Commission Application No. I (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 at: 244 SOUTH OLIVE STREET SOUTH BEND, INDIANA 46619 2) Name and address of property owner(s) of the petition site: AMV FAMILY LIMITED PARTNERSHIP 58255 RAMBLEWOOD SOUTH BEND, INDIANA 46619 3) This rezoning is requested to allow the following use(s): EXTERIOR AUTO SALES 5) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a .location map, if available, drawn to scale, which includes street names, printed in 8`h" x 11" format. PETITION PREPARED BY: Gregory A. Kil Kil Architecture /Planning 1126 Lincolnway East, South Bend, IN 46601 gkil~a,kilarchitecture.com Signature of Property owner G,~ CONTACT PERSON: Gregory A. Kil Kil Architecture /Planning 1126 Lincolnway East, South Bend, IN 46601 kil kilarchitecture.com Fie~d to Ctcri: s (~~fice APR - 6 2009 JGHT~! vSO.6FiD,1N. CITY C;.ERK, • ~~`~~ ~h ~ 4 ~o~s .~,~~,~ ~~~1 ~~~~~lss/l~o ~~~`, LIMITED PARTNERSHIP AGREEMENT OF AMV FAMILY LIMITED PARTNERSHIP THIS AGREEMENT is made and entered into as of the 31St day of December, 2004 and effective January 1, 2005 by and among the Alfons Marcell Van Overberghe Revocable Trust ult/d March 2, 2004, as amended and restated, as general partner (the "General Partner"), and those parties identified in Exhibit A as the limited partners (the "Limited Partners"). The General Partner and the Limited Partners hereinafter are sometimes referred to collectively as the "Partners." WITNESSETII: ~~ WHEREAS the parties hereto wish to form a limited partnership, governed by the Indiana Uniform Limited Partnership Act (the "Act"), under the name and style of AMV FAMILY LIMITED PARTNERSHIP (the "Partnership"); and WHEREAS the parties hereto have agreed to conduct the Partnership business under this partnership agreement (the "Agreement"), which shall govern the rights and duties of the parties, and which constitutes the entire agreement from and after the date hereof; NOW, THEREFORE, in consideration of the premises and the mutual covenants of the parties hereto, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I FORMATION, NAME, AND PRINCIPAL PLACE OF BUSINESS 1.1 Formation. The parties hereto do hereby form the Partnership as a limited partnership under the provisions of the Act upon the terms and conditions, and for the limited purposes and scope, set forth in this Agreement. 1.2 Name. The firm name and style under which the Partnership will conduct its business shall be AMV FAMILY LIMITED PARTNERSHIP. Page 1 of 26 Pages r (b) The General Partner shall notbe obligatedto deliverto the Partners any Certificate of Limited Partnership that the General Partner files on behalf of the Partnership, or any restatement thereof or amendment thereto. IN WITNESS WHEREOF, theparties hereto being duly sworn, have signed and acknowledged this instrument as of the day and year first above written. GENERAL PARTNER: ~~!,~~ ns Marcell Van Overberghe Rev .T /D 3/2/04, as amended, by Alfons Marcell Van Overberghe, Trustee L;~ U LINIITED PARTNERS Marcell Van Overbershe Rev .Trust /D 3/2/04, as amended, by Alfons Marcell Van Overberghe, Trustee Page 23 of 26 Pages ~I~~fl ~n ~~$Cr~'~ ®~°IiCL ~~AR 2 4 2009 J0~?Pf Voo9GE CITY Clrti~:, S0.8_~;D,1N. March 4, 2009 Common Council of the City of South Bend 2"d Floor County-City Building South Bend, IN 46601 Re: Statement of Purpose and Intent for Rezoning of the property commonly described as 244 South Olive Street South Bend, IN 46619 Dear Council Members: The owner of 244 South Olive Street, request consideration of the Rezoning for the West portion of the existing parcel to CB (Community Business District) to allow for allowed uses. The existing East half of the site will remain GI (General Industrial District). A special exception (for exterior car sales) and variances are being sought from the BZA, concurrent with this split rezoning. The BZA hearing is set for Thursday, April 16th, 2009. The present zoning, which is "GI" general industrial zoning does not permit some of the types of retail uses that a CB zoned parcel would allow. The project and site plan has been reviewed with the City Building Commissioner, Chuck Bulot, the BZA Zoning Administrator, Mark Lyons and John Byorni of the APC. The existing multi-use building was the former Romy Hammes Auto Dealership and was purchased by AI VanOverberghe in 2002. The present zoning is GI (General Industrial). In order to accommodate exterior auto sales, a rezoning of the west portion of the parcel and a special exception for exterior auto sales (and variances) are requested. The Owner's intent is to maximize the marketability of the multi-use building and to bring it into compliance with the present ordinance. The existing structure on the west side of the development was built in the 1960's and the setbacks, curb cuts, parking and drive layout are essentially as is. Improvements are planned to address the landscape ordinance in part, as per the proposed site plan. Split zoning of the parcel is proposed to allow for maximizing the retail potential of the building and parcel. The east half will retain the GI zoning. This half of the building houses, or has housed, auto towing, wholesale plumbing supply, small, motor repair, warehousing, etc. The west half of the building will be rezoned to CB (Community Business) zoning. This half of the building houses or has housed office, retail sales, wholesale sales, clothing retail and other similar uses. The auto sales office would be located in this area (tenant space "F") and there would be 12 spaces for auto sales dedicated along Olive Street, at the south west portion of the parking lot (see site plan). K I L ARCHITECTURE PLANNING www. ki larch itecture. com 1126 LINCOLNWAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX 1 20 foot wide off-site dedicated access easements are recorded along the north and south property lines (see site plan) to allow vehicular access to the west part of the development. Dumpsters are located at the east area of the building. On behalf of the Owner, AI Van Overberghe, we thank you for considering the request to rezone. Sincerely, .. „ '~., Gregory A. Kil, NCARB, AIA Architect Kil Architecture /Planning 1126 Lincolnway East South Bend, IN 46601 Phone (574) 288-2654 Fax (574) 289-2420 gkil(a~kilarchitecture.com Cc: AI Van Overberghe file K I L ARCHITECTURE PLANNING www.ki larchitecture.com 2 -,~AR - ~ 2009 ~o~ri voo~us ct~r cL~rx, ~o. s~~~, int. 1126 LINCOLN WAY EAST SOUTH BEND I N 46601 (574) 288.2654 VOICE 289. 2420 FAX 244 S. Olive List of Adjacent March 4, 2009 Re-zoning Petition Property Owners Page 1 of 1 018-4096-358110 018-4096-358111 Safety - Kleen Corp 018-4096-358107 c/o Burr Wolff P.O. Box 27713 Houston, TX 77227 018-4096-357902 Polish National Alliance #83 Star of V1C 2401 Western Ave. South Bend, IN 46619 018-4096-358116 AMV Family Limited Partnership 58255 Ramblewood Ln. South Bend, IN 46619 018-4096-358104 Ryan Freund 52020 Justine Dr. South Bend, IN 46628 018-4096-358115 Derider Capital Inc. 618 Sweetwater Cove BI Longwood, FL 32750 018-4096-3579 Jabez Holdings LLC 137 S. Olive Street South Bend, IN 46601 018-4096-358117 Derider Capital LLC 700 Sweetwater Blvd. S. Longwood FL, 32779 018-4096-357901 Jeffery Boocher 2425 Western Ave. South Bend, IN 46619 018-4096-358103 LaSalle Inc. Wells Fargo Bank c/o PRP TX 2315 Western Ave. South Bend, IN 46601 018-4096-357904 018-4096-357903 GTEM Partners RLR Investments LLC c/o R&L Carriers 6900 Poe Ave. 600 Gilliam Rd Dayton, OH 45414 Wilmington, OH 45177 018-4096-358114 018-4096-358109 South Bend Heritage Foundation Inc. Hendricks Development Group 803 Lincolnway West 655 Third St. South Bend IN 46616 Suite 301 , Beloit, WI 53511 018-4096-358102 Indiana Postal Holdings LLC South 123 Grove Ave. Suite 222 Cedarhurst, NY 11516 i,`~ ~;R - 4 20C9 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 Apri122, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of 244 South Olive, LLC to zone from GI General Industrial District to CB Community Business District, property located at 244 South Olive Street, City of South Bend - APC# 2510-09 Dear Council Members: I hereby Certify that the above referenced ordinance of 244 South Olive, LLC was legally advertised on Thursday, April 2, 2009 and that the Area Plan Commission at its public hearing on Tuesday, Apri121, 2009 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of 244 South Olive, LLC to zone from GI General Industrial District to CB Community Business District, property located at 244 South Olive Street, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow for the expansion of an existing commercial business in what is currently an underutilized business center. By allowing the split zoning of GI General Industrial and CB Community Business, the subject parcel will be able to be fully utilized. 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, ~~~ ~-/3~c~W. B orni Y JWB:jsc Attachment CC: 244 South Olive, LLC Gregory A. Kil Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Reuort APC # 2510-09 Owner: 244 South Olive, LLC Location: 244 South Olive Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from GI General Industrial District to CB Community Business District to allow Auto Sales. Land Uses and Zoning: On site: On site is a 22,396 square foot multi-tenant building zoned GI General Industrial District. North: To the north is a U.S. Post Office zoned GI General Industrial District. East: To the east is a roofing supply facility and a distribution center zoned GI General Industrial District. South: To the south is a vacant lot and a gas station zoned GI General Industrial District. West: To the west is a freight shipping center zoned GI General Industrial District. District uses and development standards: The "CB" Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district aze often large space users which may include limited amounts of outdoor sales or outdoor operations. Site plan description: The site is approximately 85,984 squaze feet. The subject property contains a 22,395 square feet building that covers approximatly 26% of the site. The site plan shows 120 parking spaces at 59,510 squaze feet or 69% of the site. The remaining 5% of the site is shown as open space. Zoning and land use history & trends: Since 1996 the subject -property has been zoned for industrial uses. 'The pazcels immediately adjacent to the subject parcel are all zoned GI General Industrial district. Two parcels located on the northeastern and northwestern comers of the intersection at Western Avenue and Olive Street are zoned. CB Community Business District. Traffic and transportation considerations: Olive Street is two lanes. Utilities: The site will be served by public water and sewer from the City of South Bend. Additional information: (Agency comments) The City Engineer recommends paving the south access easement. The City Planner responsible for the Western Avenue Steering Committee recommends in favor of this rezoning because it is not inconsistent with the City Plan Future Land Use Map, and will aid in the City's redeveopment objectives. Commitments: 244 South Olive, LLC #2510-09 Page 1 of 1 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend Comprehensive Plan, November 2006 Objective LU 6: Focus development efforts within the Service Area. Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. ED 1.2 Encourage reuse of abandoned and undenrtilized land and structures. Objective ED 2: Retain existing businesses and recruit new ones to the city. The rezoning is consistent with the Comprehensive Plan's economic development and land use policies. Land Use Plan: City of South Bend Comprehensive Plan, November 2006 Future Land Use Plan: The map shows this property as Heavy Industrial. The rezoning is not consistent with the Future Land Use Map. Plan I[mplementation/Other Plans: Residential Area Policy: 2. Current conditions and character: The area surrounding Olive Street between Washington Street and Western Avenue consists of industrial and commercial uses. 3. Most desirable use: The most desirable use for this property is commercial and/or industrial. 4. Conservation of property valves: The surrounding commercial and industrial property values should be conserved with the CB rezoning. 5. Responsible development and growth: It is responsible development and growth to reuse an existing commerciaUindustrial building to expand commercial opportunities. 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. Analysis: This rezoning will allow for the expansion of an existing commercial business in what is currently an underutilized business center. By allowing the split zoning of GI General Industrial and CB Community Business, the subject parcel will be able to be fully utilized. 244 South Olive, LLC #2510-09 Page 2 of 2 honing Key SOUTH BEND °SF2° SINGLE FAMILY & TWO FAMILY DISTRICT SOUTH BEND "MU' MIXED USE DISTRICT SOUTH BEND °LB" LOCAL BUSINESS DISTRICT ~,~a:~~ SOUTH BEND °CB" COMMUNITY BUSINESS DISTRICT SOUTH BEND °LI" LIGHT INDUSTRIALDISTRICT SOUTH BEND "GI° GENERALINDUSTRIALDISTRICT M W E S 1 inch equals 25~ feet APC # X5'1 ~-~9 Rezorn ing from: "GI" GENERAL INDUSTRIAL DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT