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HomeMy WebLinkAboutRezoning - 4001 Block of Brick Rd.ORDINANCE No. aa~-sa Passed by the Common Council of the City of South Bend, Indiana April 13, 19 ~$_ Attest: Arrest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council April 14, 19 98 City Clerk Approved and signed by me April 15 , 19 98 Mayor ORDINANCE NO. ~~~ I ~ ~D AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4001 BLOCK OF BRICK ROAD 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, 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. THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT WHICH IS S. 00°-00'-29" W., 641.91 FT. AND S. 90°-00'-00" W., 330.51 FT. FROM THE NORTH QUARTER POST OF SAID SECTION 21; THENCE S. 89°- 55'-26" W., 329.57 FT.; THENCE S. 00°-04'-34" E., 684.11 FT.; THENCE N. 89°-53'- 06" E., 328.56 FT.; THENCE N. 00° -00'-29" E., 683.89 FT. TO THE POINT OF BEGINNING. CONTAINING 5.17 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "D " LIGHT INDUSTRIAL, "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~m~, MEMBER OF THE COMMON COUNCIL 1st READING ~~ ' 0 ~ / 7 PUBtiC HEARING ~ ~3-CJ7 3 rd READING y, i3 _Cj NOT APPR©VED REFERRED Pnss~~ ~, ~3 _ ~ ~ Filed In Cierlc's Office DEC - ~ 1997 LOAI7T~ J. DUDA CITY CLERIi~ ~O. DEND~ IN. CONIlVIITEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 126-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 4001 BLOCK OF BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably. John Broden Chairman REVISED 2/23/98 DATE FILED DATE 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: 4001 BLOCK OF BRICK (LOCATED APPROXIMATELY 250 FEET WEST AND 640 FEET SOUTH OF 22530 BRICK ROAD) SOUTH BEND, INDIANA 46628 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: WARREN & ALETHA ASHLEY 22687 BRICK ROAD SOUTH BEND, INDIANA 46628 PHONE NUMBER (219) 272-9157. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: DAVEY LLC AN INDIANA LIMITED LIABILITY COMPANY 3930 EDISON LAKES PARKWAY MISHAWAKA, INDIANA 46544 (219) 271-4060. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL, "A" HEIGHT & AREA TO "D" LIGHT INDUSTRIAL. "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). INDUSTRIAL USES. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) 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; (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, I AND ANY CONTINGENT PURCHASER UNDERSTAND THAT IF THE COUNCIL APPROVES THIS PETITION TO REZONE, IT 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 COUNCILS ACTION. IN ADDITION, 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 REVERT TO THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. G~U.Q'v(i l~~ SIGNED, ARREN ASHLEY ALETHA ASHLE PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 w € FEQ 2 ~, i~?~~ .~~, ~..._.~_.m coo .~a ~ ~_.'~~.,_.., _ ~` ~~~~~...,...~: Fii~~ in Cierio'~ ~~fce DEC - 3 1997 ORDERED Y: Davey LLC D7~TED:11 26/97 PR0.1 ECi' h0.: 971391 i.'13rd~1lbi ~()~~ re iminary ezoning Plan ~,n.~LE,~,~~v~.aE~~,l~~ A Part of the N.W. 1/4, Sec. 21, T.3 .; R:2-~- ---~, German Township, St. Joseph County, Indiana BRICK /W LINE EXISTING SOUTH BEND CORP. LINE sae~~i~` e5 `P ~ Proposed Lot 11 _ sue, ,~o ti o~ .tea oy :~ `Q. ~ ~ ~ ~ ~ ~p ~` ~ 1 AAOC e•~wAr. r~I ~ I I I~ I~ ~; to 0 ~~ 0 I tll NORTH 1/4 POST SEC. 21, T.38 N., R.2 E. ~ \09 ROAD ~ 2sso~ 9~ --~`~~-- R/w uNE ~ 9° North Line Sec. 21, T.38 N., R.2 E I I ~p1 or I`ti LOT 1 a~~ o~ . ~ ~~ i `~ ~ m I .-P.O.B. - _ - _ - _ REZONING PETITION DAVEY LLC & ~ ~ i ; CORK BEELER BROWNIPROP. LLC ~ ( ~ ~ ~ 3930 EDISON LAKES PARKWAY, MISH. ~ ~ \ ` t~ ( I ~ I ~ ~ \ ~\ Lot 5 I o~,~9~ Proposed '~~ ( ~~ j ~~ ~~ ~ ~ ` '~ X88 't~~a.~ Lot ' 6 ~ I ~ ~ ` co ' ~ - ~O. ~;~9r '°~ ~ I Re~orlirig .- - -~ ~ ~ yes - -~~ I ?~~ ` ~ ~ ~ Petitipr~Site ~ ,8a ~ __~ `v~ ~~-_-_ .-- 'av ~\ ~ ~ ~ 5.17 Ac i - ~ _~83 ,~ y ~ LOT 1 . ~ _1\ n Road t d. Park ~~ ~ % ~ '__ ~ r ~ o`'8z ~y~. c~ vetel / ~ ~ ~ ~8~ ~ West Cle ~ ~' ° ~ - - - ' c o ~ ~ ` a Lot 7 »s.. ~ ~ ~ "- - J ~ ~ % ~, ~ c ;~ ~ s' i i a Lot a ~, 1 ~ J Y \ - - - , _ j `~,8 r~~ v3 i ~Q / ~ ( ~~ ~~ Q ~-- - - - - - - -~ ~ - ~+ 3~ _ - - - - ~ .89°53'06"it. 328.56' .a pt{, v Q032 I - I ~ ~ ~ „~ S ~ PK I ONE St1B. v m O -i ~ ~ ~ ptiVELY'S IND. { I W Q ~~ Lot 3 I l a W~ Lot 8 ,gl ° m~',~~`' l I° m~ tio~`~ Lot 2 I Lot 1 - - - - I ~9r~`~a. ~ I ~. ~. I ~ ` I I Lot 2 `` --~ ~---- I ...~~ ~ ~ ~.. _ . ~rm~- ~ ~~- I ( P E I RCE & A SSOC / A TES, INC. LAND SURVEYORS 6 PROFESSIONAL ENGINEERS 3231 'SUGAR MAPLE CT. , SOUTH BEND, f N. 46628 \ , - PHONE 219/234-4003 Preliminary Rezoning Plan A Part of the N.W. 1/4, Sec. 21, T.38 N., R.2 E. German Township, St. Joseph County, Indiana ORDERED Y: Davey LLC D~TED:11 26/97 PROJECT ho.:971391 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT WHICH IS S. 00°-00'-29" W., 641.91 FT. AND S. 90°-00'-00" W., 330.51 FT. FROM THE NORTH QUARTER POST OF SAID SECTION 21; THENCE S. 89°-55'-26" W., 329.57 FT.; THENCE S. 00°- 04'-34" E., 684.11 FT.; THENCE N. 89°-53'-06" E., 328.56 FT.; THENCE N. 00°-00'-29" E., 683.89 FT. TO THE POINT OF BEGINNING. CONTAINING 5.17 ACRES. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. TABULATED DATA 1). ACREAGE .............................................. 5.17 ACRES 2). PROPOSED LAND USE: "D" LIGHT INDUSTRIAL USES. 3). PROPOSED LAND COVERAGE: A). MAXIMUM BUILDING COVERAGE = 40% OF SITE; B). MAXIMUM BUILDING HEIGHT = 35 FT. OR 2-1/2 STORIES; C). FRONT YARD SETBACK = 25 FT.; SIDE YARD SETBACK = 10% OF LOT WIDTH AT BLDG. LINE; REAR YARD SETBACK = 25 FT. 4). NOTE: ALL PARKING SPACES WILL BE 9'x20' AND ALL HANDICAP SPACES WILL MEET THE LATEST ADA STANDARDS. BUILDING SHALL HAVE RAMPED AREA TO ENTRANCE TO PROVIDE FOR HANDICAP ACCESSIBILITY. 5). ALL SURFACE DRAINAGE IS TO BE HANDLED BY THE INSTALLATION OF 1,800 GALLON CAPACITY DRYWELLS OR RETENTION BASINS LOCATED ON SITE. SURFACE RUNOFF CAPACITY SHALL BE BASED ON A RATE OF NOT LESS THAN 30 GALLONS OF CAPACITY PER EACH 100 SQ.FT. OF IMPERVIOUS SURFACE. 6). ANY BUILDING CONSTRUCTED ON THE SITE SHALL BE REQUIRED TO BE CONNECTED TO MUNICIPAL WATER LINES AND SANITARY SEWER LINES ADJACENT TO THE SITE ALONG MEGHAN BEELER DRIVE. 7). ALL REQUIRED LANDSCAPE SCREENING/BUFFERS SHALL MEET THE LATEST CITY OF SOUTH BEND ZONING ORDINANCE STANDARDS. 8). ALL SIGNAGE SHALL MEET THE LATEST CITY OF SOUTH BEND ZONING ORDINANCE STANDARDS. PEIRCE & ASSOCIATES H. Douglas Peirce L.S. Ronald Harner L.S. Michael J. Danch L.A. Michael A. Bramlett P.E. ~illr~ i~ ~ll~rl~'~lc~' DEC - ~ 1997 L07'ET7'kc J. DUDia CI7YCLEl•3:~, SO. ©EP7D, ly. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Ashley 4001 Block of Brick Road, South Bend, Indiana: Dear Council Members: & Professional Engineers December 2, 1997 Our clients are requesting the Rezoning of their property in the 4001 Block of Brick Road, South Bend, Indiana to allow it to be used for "D" light Industrial purposes. The owners plan to sell the shown petition site to Davey LLC, who presently owns the West Cleveland Road Industrial Park Subdivision which is west of and adjacent to the petition site. The proposed rezoning will allow the property to be used in conjunction with any development which will be built on Lots 6 and 7 of the adjacent Industrial Park Subdivision. Since the rezoning site will be developed with shown lots 6 and 7 of the adjacent subdivision, it is understood that access to the rezoning area shall only be from industrially zoned land with no access from Brick Road. The petitioners and the contingent purchaser understand that if the rezoning is approved, they will be required to submit a Final Site Development Plan to the Staff of the Area Plan Commission which details how any proposed use of the property will be designed and built. They also understand that any proposed development shall be required to meet the latest development standards "D" Light Industrial land for the City of South Bend, which includes landscape screening/buffering from residential areas and a detailed drainage plan for the site. Our clients believe the proposed rezoning will compliment the existing industrially zoned land adjacent to the site. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch Vice President Planning File # 971391 Lew Md Disk # 92 3231 Sugar Maple Court, South .fiend, Indiana 46628 2191234-4003 Fax 219/234-4119 208 West Mars, Berrien Springs, Michigan 49103 616/471-3010 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 March 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 filed in Clerk's Office t ~A~' i ~ i°9~ LORE7TA J. DUDA Cl7Y CLEAK. ~. BEND, IlY. ~~i~L ~Q i~~ 91 RE: A proposed ordinance and site development plan of Warren and Aletha Ashley to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located approximately 250 feet west and 640 feet south of 22530 Brick Road, City of South Bend - APC #1814-97 Dear Council Members: The above referenced ordinance and site development plan of Warren and Aletha Ashley was legally advertised March 5, 1998. The Area Plan Commission at its public hearing on March 17, 1998, took the following action: Upon a motion by Carl Littrell, being seconded by Randall Matthys and unanimously carried, the proposed ordinance and site development plan of Warren and Aletha Ashley to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located approximately 250 feet west and 640 feet south of 22530 Brick Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. This rezoning is a logical extension of the existing industrial zoning along an established boundary line, running between the residential properties along Brick Road and the industrial area to the south. In addition, the proposed development is in conformance with the goals of the Blackthorn Development Plan. 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. Sin er ly, ~~~~ t W. Sante RWS:sr Attachment CC: Warren and Aletha Ashley CC: Davey LLC, an Indiana Limited Liability Co. CC: Peirce & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana .. `~ STAFF REPORT March 9, 1998 Warren and Aletha Ashlev 1814-97 Location: approximately 250 feet west and 640 feet south of 22530 Brick Road City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "A" Residential, "A" Height and Area, to "D" Light Industrial, "A" Height and Area to allow industrial uses. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes and vacant land zoned "R" Residential in the County; to the east are industrial uses zoned "D" Light Industrial, "A" Height and Area; to the south are industrial uses zoned "D" Light Industrial, "A" Height and Area; and to the west is vacant land zoned "D" Light Industrial, "A" Height and Area. ACCESS: Access to the site will be from Meghan Beeler Drive. 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 5.17 acres. 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< The City Engineer made the following comments: A drainage plan will be required at the Final Site Plan stage. 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. This rezoning is a logical extension of the existing industrial zoning along an established boundary line, running between the residential properties along Brick Road and the industrial area to the south. In addition, the proposed development is in conformance with the goals of the Blackthorn Development Plan. ~~ ~ BRICK ROAD 90UTH KENO CORP. CITY LIMITS I ~ ~ I ~I ~ I I RO. 1 j 1 "`_ ea I ect I ecs I 1 I 1 1 I I I ~~ I I I I Q I U ~ I I ~I ~ 1 t I I I Q ~ I I I I W~ I I I I i m I I I I I ~~ I I I I i °1 I I I I f0U N KENO COR CITY LIMITf D o a PETITION PEHOe+o ro• ~ ' AR A ~.P.a nee-oT D ~ n~oustteN. o rrousrmu. 0 w J W W m Z w WILLIAM RICHARDSON e+ousrmnL DR. N w z rawstPo,v. x REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA, T0: "D" LIGHT INDUSTRIAL. °A~~ HEIGHT & AREA PETITION AREA SOUTH BEND ZONING °A" RESIDENTIAL O "D" LIGHT INDUSTRIAL ~~ ST. JOSEPH CO. ZONING "R" RESIDENTIAL O N APC #1814-97 0 100 200 300 B00 Graphic Seale