HomeMy WebLinkAboutRezoning - 3500 Block of E. Keller Street, 400 Feet West of Hickory Road
ORDINANCE No. a>~-s,
Passed by the Common Council of the City of South Bend, Indiana
March 10, 97
19
Attest:
.6 ~~
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
March 11,
City Clerk
President of Common Council
19 97
City Clerk
Approved and signed by me
March 11,
19 97
Mayor
ORDINANCE NO. ~ ~' /
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED ON THE 3500 BLOCK OF E. KELLER
STREET, 400 FEET WEST OF HICKORY 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, 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 101-102-103-104 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.
1st READING l - ~~-'~
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? rd READING ?~ ._.- ~®~ ~~
NC)T APPP.OVED //
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OFSOUTHBEND:
Your Committee
to whom was referred
BILL NO.
5-97 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
ON THE 3500 BLOCK OF E. KELLER STREET, 250 FEET WEST OF
HICKORY 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 amended by substitution.
Sean Coleman
Chairman
Date Filed
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:
On the 3500 Block of East Keller St., 400 feet west of Hickory Road.
2) Owners of petition site:
Rex & Madonna Richardes
854 S. 23"~ Street
South Bend, Indiana 46615
3) Contingent purchaser of petition site:
Charles S. Hayes Inc.
814 Marietta Street
South Bend, Indiana 46601
4) It is desired and requested that this property be rezoned
from "A" Residential, "A" Height and Area
to "D" Light Industrial, "A" Height and Area
5) This rezoning is requested to allow the following uses:
A radio communications tower and 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 within 300 feet of the petition property; c) six
site plans; and d) addressed, stamped envelopes for all property owners within 300
feet of the petition property.
Filed ire ~ieri~'~ ~s~iCt'
.! ~ ~! 2 ~y' X997
LORv'7'Tk. J. P~;J:?.~!
CITY CLER , ~ O. CSEt95, era.
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Application No.
7) By~signing this petition we, 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 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 p//lf/fan may// be requested.
Rex Richardes ,, ,
Madonna Richardes
Property O~mers
PETITION PREPARED BY:
Jacqueline L. Horvath
Charles S. Hayes Inc.
814 Marietta Street
South Bend, Indiana 46601
(219) 233-1296
Filed ire ~ierQ~°~ ~~i~e
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Property Owners Within 300 Feet
(Keller Road Property)
American Electric Power Co.
One Summit Square
P.O. Box #60
Ft. Wayne, Indiana 46801
Dept. of Public Parks
301 S. St. Louis Blvd.
South Bend, Indiana 46617
Rudolph J. Schurko
4448 South Albany
Chicago, Illinois 60632
George and Wanda Cooper
1621 Hickory Road
South Bend, Indiana 46635
Bernard and Mary Thomas
631 S. Rivershire Drive
Conroe, Texas 77304
Joseph and Ida Gosztola
5172 Fredricksburg Ct.
South Bend, Indiana 46614
Darnel and Allyson Leyba
3614 Charles St.
South Bend, Indiana 46635
Filed in Cierk's Office
JAN ~ ~~_,
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LOAETTN J. QUC~~,e....i
CITY CLERK, r0.9~ef1C, iM.
Area Plan Commission of St. Joseph County
' 1140 County-City Building
South Bend, Indiana 46601
Robert W. Sante
Executive Director
John W. Byorni
Assistant Director
Phone 219 235-9571
February 19, 1997
The Honorable Common Council
City of South Bend
County-City Bldg. - 4th Floor
South Bend, IN 46601
Fax 219 235-9813
r~
RE: A proposed ordinance and site development plan of Rex and Madonna Richardes
to-zone from "A" Residential, "A" Height and Area to "D" Light Industrial, "A"
Height and Area, property located at the 3500 Block of East Keller Street,
approximately 400 feet west of Hickory Road, City of South Bend - APC #1754-97
Dear Council Members:
The above referenced ordinance and site development plan of Rex and Madonna
Richardes was legally advertised February 6, 1997. The Area Plan Commission at
its public hearing on February 18, 1997, took the following action:
Upon a motion by Bruce Huntington, being seconded by Henry Keultjes and
unanimously carried, the proposed ordinance and site development plan of Rex and
Madonna Richardes to zone from "A" Residential, "A" Height and Area to "D" Light
Industrial, "A" Height and Area, property located in the 3500 Block of East
Keller Street, approximately 400 feet west of Hickory Road, City of South Bend is
sent to the Common Council with a favorable recommendation, subject to a final
site development plan. Under most circumstances the Commission would not
encourage the expansion of industrial zoning in this area. However, this
particular petition is unique. Transmitter stations and towers are permitted
uses in the "C" Commercial and "D" Light Industrial zoning districts, but are not
allowed in the "A" Residential District. Cellular towers are an important
element of communications infrastructure and in some cases will need to be
located in areas that are not presently zoned "C" Commercial or "D" Light
Industrial. It is the Commission's opinion that the location of a cellular tower
at this location will have few negative impacts on the surrounding area since it
is bordered by sports fields to the north and west and vacant land to the east
and south. Therefore, the extension of industrial zoning is appropriate in this
particular case. However, this should not be construed to mean that industrial
development is appropriate for this area.
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 rely, ~~~X/~
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o e t W.~ Sante
RWS:sr
Attachment
CC: Rex and Madonna Richardes ~ " '
Charles S. Hayes, Inc. ~ m_~,.~a,
Jacqueline L. Horvath
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Filed in C(~r-d'~ ~~~~~¢
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STAFF REPORT February 10, 1997
Rex and Madonna Richardes 1754-97
Location: the 3500 Block of
East Keller Street,
approximately 400 feet west
of Hickory 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 a radio communications tower and related
facilities.
EXISTING LAND USE: The property contains vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north is vacant land zoned "A"
Residential, "A" Height and Area; to the east
is vacant land and single family homes zoned
"A" Residential, "A" Height and Area; to the
south is vacant land zoned "A" Residential,
"A" Height and Area; and to the west are
baseball diamonds and an AEP substation zoned
"D" Light Industrial, "F" Height and Area.
ACCESS: Access to the site is from Keller Street.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are not available to the site.
DRAINAGE: The drainage has not been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 24,244 square
feet. Of that, the buildings will occupy
1,200 square feet, or 5 percent of-the site;
the parking and drives will occupy 3,400
square feet, or 14 percent of the site; and
19,644 square feet or 81 percent of the site
will remain as open space.
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:
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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 O
MISHAWAKA ZONING
"C-1" COMMERCIAL O
"C-2" COMMERCIAL D
"C-4" COMMERCIAL D
"R-3" RESIDENTIAL O
N
APC #1754-97
0 100 100 300 600
Grophic Scole