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HomeMy WebLinkAboutRezoning - 22530 Brick RoadORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana 8830-97 October 13., 19 ~~ Attest: Arrest: '_- City Clerk Presented by me to the Mayor of the City of South Bend, Indiana October 14, 19 President of Common Council 97 City Clerk Approved and signed by me 19 ~~_ Mayor .1 ORDINANCE N0. ~ y~~ ~ I AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 22530 BRICK ROAD IN THE CITY OF SOUTH BEND, INDINA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Ordinance No. X990-6K, as amended, which ordinance is commonly kno~~•n 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: That part of the North~~•est Quarter of Section 21, To~~•nship 38 North, Range 2 East, German To~~~nship, St. Joseph County, Indiana which is described as: Beginning at a point on the North and South Quarter line of said Section 21 ~~•hich is S. 00°-00'-00" E. (all bearings assumed), 660 ft. more or less from the North Quarter Post of said Section 21; thence S. 00°-00'-OU" E. along said Quarter lint, 660 ft. more or less to the North line of the recorded plat of "Snivel}•'s Industrial Park Phase Onc" as recorded by Document No. 952475 I in the records of the St. Joseph Count}', Indiana Recorder's office; thence S. 89°-53'-06" W. along the North line of said Subdivision 330 ft. more or less; thence N. 00°-00'-00'' W., G60 ft. more or Icss; thence N. 90°-00'-UO" E., 330 ft. more or Icss to the point of beginning. Containing 5 acres more or less. Subject to all legal high~~•ays, casements and restrictions of record. 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. l Member of the Common Council IST t?EADING ~ ~~ ~ ~~ ~!~~L(C HEARING ~a~ ._> rd READING ~O I~;OT APPROVED ,-- `} ~ " i::;:EERRE® PASSED //jam ~3. /~ ~=ill?d iii ~~~I°es"~ (~~~i~~ JUL -~~ ~99~ LORET7d~ J. DUDR, CITY CLRR :, SO. EE~lD, I?? COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND: Your Committee of the Whole, to whom was referred BILL NO. 70-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 22530 BRICK ROAD IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being sent to the Council with a favorable recommendation, as substituted Sean Coleman Chairman Revised 1192 Date Filed Application No. Date received by the Area Plan Commission I 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: South half of the parcel of land located at 22530 Brick Road South Bend, IN 46628 2) Name and address of property owner of the petition site: Dan Fuerbringer 22530 Brick Road South Bend, IN 46628 219/271-9714 3) Name and address of contingent purchaser, if applicable: U.S.F. Holland Motor Express, Inc. 750 East 40`" Street Holland, MI 49423 4) It is desired and requested that this property be rezoned from A si ntial _, "a" Height and Area to D In rial `'a" Height and Area 5) This rezoning is requested to allon• the following use: Truck Terminal 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; and (c) six (6) site plans; and (d) addressed, stamped envelopes for all propert}~ o«mers within 300 feet of the petition propert}•. 7) B}~ signing this petition, I and an}• 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 b}' 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 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 propert}• to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. %s~ / Dan Fuerbringer - Propert}~ Owner PETITION PREPARED BY: CONTACT PERSON: Robert A. Henry Robert A. Henry The Robert Henn Corporation The Robert Henry Corporation 404 South Frances Street 404 S. Frances Street P.O. Box 1407 P.O. Box 1407 South Bend, IN 46624 South Bend, IN 46624 2 19/232-2091 219/232-2091 ~"i~a~ lli3 ~~81"~.~D ~~~I~~ JUL _ fi fi~~ Lo„~rrr~ J. oun~. eITY rLs'€i`.•., Rid. BcPdD, t}~ Area Plan Commission of St. Joseph County, 1140 County-City Building South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 September 24, 1997 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 I%iu Nn'I~S-~~I RE: A proposed ordinance and site development plan of Dan Fuerbringer to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located south of 22530 Brick Road, City of South Bend - APC #1786-97 Dear Council Members: The above referenced ordinance and site development plan of Dan Fuerbringer was legally advertised September il, 1997. The Area Plan Commission at its public hearing on September 23, 1997, took the following action: Upon a motion by Henry Keultjes, being seconded by Willie Morgan and unanimously carried, the proposed ordinance and site development plan of Dan Fuerbringer to zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A" Height and Area, property located 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, it would allow for the expansion of an existing truck terminal without having to relocate. 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 r ly, Rober ant RWS:sr Attachment CC: Dan Fuerbringer CC: U.S.F. Holland Motor Express, Inc. CC: Robert A. Henry Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~ w .- r .. J STAFF REPORT September 15, 1997 Dan Fuerbringer 1786-97 Location: south of 22530 Brick Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height & Area to "D" Light Industrial, "A" Height & Area to allow expansion of a truck terminal. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north is a single family home zoned "R" Residential, to the east is the Holland Motor facility zoned "D" Light Industrial, "A" Height & Area, to the south are industrial businesses zoned "D" Light Industrial, "A" Height & Area and to the west is vacant land zoned "R" Residential in the County. ACCESS: Access to the site is from William Richardson Drive. WATE SOURCEISEWAGE DZSFOSAL: 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 acres. One hundred percent of the property will be paved. 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. 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, it would allow for the expansion of an existing truck terminal without having to relocate. BRICK ROAD SOUTH BCND CORP. CITY LIMITS I ~ ~ I~I ® t I '~'' I ea. I ~'' I "O' I e[x I I 1 I 1 i o D I 1 I I l I I I I I I I I I I l I I - I 1 I I I I { I I I I I I I I 1 I I I I I I I I I I N SOU H BEND COR CITY LIMITS f S J h ~ a ~ PETITION AREA I I ~ l W D 1 I m _ ~ I I i H I I p D o I l I I l 1MLLIAM RICHARDSON DR. 1 I I I I I l ~ I ~ rn W o ~ I ( = o. J 1 I ~ REZONING FROM: "A" RESIDENTIAL, "A" HEIGHT & AREA, T0: "D" LIGHT INDUSTRIAL, "A" HEIGHT & AREA PETITION AREA ® N SOUTH BEND ZONING "A" RESIDENTIAL O APC #1786-97 "D" LIGHT INDUSTRIAL O ST. JOSEPH CO. ZONING "R" RESIDENTIAL ~ o ~ 00 20o aoo soo Grophie Scale -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 30, 1998 Ms. Loretta J. Duda, City Clerk 4th Floor, County-City Bldg. South Bend, Indiana 46601 RE: Dan Fuerbringer south of 22530 Brick Road APC No. 1786-97 Dear Ms. Duda: Enclosed are five (5) copies of the Final Site Plan for the above referenced petition, approved by the Area Plan Commission Staff on March 30, 1998. This rezoning to "D" Light Industrial, "A" Height and Area was passed by the Common Council on October 13, 1997, and assigned Ordinance Number 8830-97. If you have any questions, please don't hesitate to call. Sincerely, Aaron Klibaner C~ Planner AK:sr Enclosures Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Josepfi County, Indiana