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Home My WebLink AboutRezoning - 1012, 11014, Western Ave, 419, 421, and 425 Parry Street ` ' ORDINANCE No. aa,a.9a Passed by the Common Council of the City of South Bend, Indiana January 12, 19 98 Attest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council January 13, 19 98 City Clerk Approved and signed by me January 13 , 19 98 Mayer REVISED 12/12/97 ORDINANCE NO . _~%~V ~ /~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1012, 1014 WESTERN AVENUE, 419, 421 & 425 PARRY STREET, IN THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: .SECT, ON I~ ORDINANCE NO. 4990-68, KNOWN AS THE ZONING ORDINANCE OF THE SAME HEREBY IS AMENDED IN ORDER THAT THE DESCRIBED REAL ESTATE IN THE CITY OF INDIANA: AS AMENDED, WHICH ORDINANCE.,IS COMMONLY CITY OF SOUTH BEND, INDIANA, BE AND THE ZONING CLASSIFICATION OF THE FOLLOWING SOUTH BEND, ST. JOSEPH COUNTY, STATE OF PARCEL I. `T'HAT PART OF THE SOUTHEAST QUARTER OF SECTION 112, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: A PART OF LOT 2 AS SHOWN IN THE PLAT OF "SAMUEL PARRY'S ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN PLAT BOOK # 3 ON PAGE # 9 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, AND MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE N. 90~ -00'-00" E. ALONG THE NORTH LINE OF SAID LOT, 52.8 FT. MORE OR LESS; THENCE S. 74°-09'-45" E., 9.29 FT. MORE OR LESS; THENCE S. 00°-06'-39" W., 63.60 FT. MORE OR LESS TO THE SOUTH LINE OF SAID LOT; THENCE S. 90°-00'-00" W., 61.5' FT. MORE OR LESS TO THE WEST LINE OF SAID LOT; THENCE N. 00°-06'-39" E., ALONG SAID WEST LINE, 66 FT. MORE OR LESS TO THE POINT OF BEGINNING AND ALSO INCLUDING LOT 7, AND THE NORTH 33 FT. OF LOT 10 OF SAID SUBDIVISION PLAT. CONTAINING 0.35 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED A5 "D " L GHT INDUSTR:~A?~,,'!,~'! HEIGHT & 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. ~C'_ MEMBER OF THE COMMON COUNCIL 1st READING ~l-~U~ ~'~ PUBLIC HEARIN ~_ ~~, CI 3 rd READING ~_ ~ 2 ,~ g NOT APPROVED REFERRED p PASSED /-r~~q0 ~~-~ SU~STI1 ~-~~ DEC t ~; 1997 LOrt~"ii% J s,;i~ COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee of the Whole, to whom was referred BILL NO. 112-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1012, 1014 WESTERN AVENUE, 403, 411, 415, 419, 421 & 425 PARRY STREET, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion this bill has been recommend to the Council favorably ~ as substituted John ~roden Chairman REVISED 12/12/197 DATE FILED 1)A'I'E RECEIVED BY 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: 1012, 1014 Western Avenue, South Bend, In. 46617 419, 421 & 425 Parry Street, South Bend, In. 46617 ?.). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:. Henry-Williams, Inc. Robert Henry Company P.O. BoX 1407 P.O. Box 1407 South Bend, In. 46624 South Bend, In. 46624 (219) 232-2091 (219) 232-2091 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "B" Residential, "B" HEIGHT & AREA TO "D" Light Industrial, "E" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). Outside Storage areas. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY; (C) SIX (6) SITE PLANS; AND (D) ADDRESSED, STAMPED ENVELOPES FOR ALL ~~ROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY. 7). BY SIGNING THIS PETITION, I AND ANY CONTINGENT PURCHASER UNDERSTAND THAT IF 7.'tiE COUNCIL APPROVES THIS PETITION TO REZONE, TT MAY BE 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 ADDI'!'ION, A BUILDING PERMIT MUST BE ISSUED FOR THE USE INDICATED ON THE PETITION WITHIN ONE 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 R VERT TO THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. Signed, ~. Robert Henry -or Henry-William , Inc. & Robert Henry Company .PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES ROBERT A. HENRY 3231 SUGAR MAPLE COURT THE ROBERT HENRY CORP. SOUTH BEND, INDIANA 46628 404 S. FRANCES STREET PHONE NUMBER (219)-234-4003 SOUTH BEND, INDIANA 46628 PHONE NUMBER (219) 232-2091 ~°ei~~' i~ C:Ie~'~:`~ ~~~~~ DEC 1 ;; X997 Lo H ~ i ~n.::.q „~ Ci~ CL~~~~~ ~. i31' ~'i~~ ~t4. .Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Saute Executive Director John W. Byorni Assistant Director Phone 219 235-9571 December 17, 1997 The Honorable Common Council City of South Bend County-City 81dg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 DILL iJQ I12- ~ RE: A proposed ordinance and site development plan of Robert Henry Company, et al, to zone from "B" Residential, "B" Height and Area to "D" Light Industrial, "E" Height and Area, property located at 1012, 1014 Western Avenue and 419, 421 and 425 Parry Street, City of South Bend - APC #1806-97 Dear Council Members: The above referenced ordinance and site development plan of Robert Henry Company, et al was legally advertised December 4, 1997. The Area Plan Commission at its public hearing on December 16, 1997, took the following action: Upon a motion by John DeLee, being seconded by Tim VanOverberghe and unanimously carried, the proposed ordinance and site development plan of Robert Henry Company, et a1, to zone from "B" Residential, "B".Height and Area to "D" Light Industrial, "E" Height and Area, property located at 1012, 1014 Western Avenue and 419, 421 and 425 Parry Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. There is "D" Light Industrial zoning to the west and "C" Commercial zoning to the east of the site. In most cases, the Commission would not recommend the encroachment of industrial zoning into a residential area, however, this small 1 block area is in a state of transition where long term residential viability is questionable. 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 erely ~~ R be t W. Saute RWS:sr Attachment CC: Robert Henry Company Henry-Williams, Inc. Peirce & Associates ~ilec~ ifi~ CI~~i4's C~fice DEG 1 7 1997 LosE=Y~ .~ our~a: CITY CL>:Hr.., Ci. ~t.t:t), IPI. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT December 8, 1997 Robert Henrv Comoanv, et al 1806-97 Location: 1012, 1014 Western Avenue and 403, 411, 415, 419, 421 and 425 Parry Street City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "B" Residential, "B" Height and Area to "D" Light Industrial, "E" Height and Area to allow outside storage areas. EXISTING LAND USE: The property contains single family homes and vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes zoned "B" Residential, "B" Height and Area, to the east are commercial businesses zoned "C" Commercial, "D" Height and Area, to the south are single family homes zoned "B" Residential "B" Height and Area, and to the west is a commercial business zoned "D" Light Industrial, "E" Height and. Area. ACCESS: Access to the site is from Western Avenue and Parry 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 33,542 square feet. Of that, the parking and drives and storage areas will occupy 33,542 square feet, or 100 percent of the site. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: PRELIMINARY STAFF RECOMMENDATION: Based on the 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. There is "D" Light Industrial zoning to the west and "C" Commercial zoning to the east of the site. In most cases, the Staff would not recommend the encroachment of industrial zoning into a residential area, however, this small 1 block area is in a state of transition where long term residential viability is questionable. w w a WAYNE ST. ai i w 0 ~., a w 0 z C~ Np~~ Ty ~\~ D~. S ~. ~ps~Ay ~~ v F,Q WAYNE ~ ~ A ~~ c n QUIMBY ST. ~ ~ ~~ ~ EST S UNNY PE ~N ERN A MF AREA VE D a HOVSIau~ /~ I~ tOYNER oO Q O~ ~ "•{ ~ j - L 1 L I RES. ' ~ 0 ~~ R C0~ ~ Q rnw~eERaa. OO J toYYERCIAL W _ ~ RES. w U N ~`' U Z Q }' ~ ~ W Q O w ~ C~ ~ ~ C04NERdAL ~ ,J N Q ~ ~ a o w = ~`' U la. ~ W A REZ^NING FR^M~ 'B" RESIDENTIAL, 'B' HEIGHT & AREA, T^~ 'D' LIGHT INDUSTRIAL, "E' HEIGHT & AREA PETITI^N AREA S^UTH_BEND EXISTING ZONING 'A' RESIDENTIAL 'B' RESIDENTIAL 'C' C^MMERCIAL 'C1' C^MMERCIAL, LIMITED 'D' LIGHT INDUSTRIAL 'E" HEAVY INDUSTRIAL 0 100 200 400 Graphic Scal e N APC # 1806-97