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Home My WebLink About9952-09 Rezoning - 2717, 2721, 2729 South Main St., 217 Oakside - 6th DistrictORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana September 14, Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana September 15, 20 09 20 09 City Clerk President of Common Council City Clerk Approved and signed by me 20 ~ 9 Mayer September 16, ORDINANCE NO. ~(~ S 2-O~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2717 SOUTH MAIN STREET, 2721 SOUTH MAIN STREET, 2729 SOUTH MAIN STREET AND 217 OAKSIDE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The purpose of the rezoning is to allow property currently zoned LB Local Business District to be changed to GI General Industrial District for purposes allowed in that district. 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: Lots 45, 46,47,48 and 49 and the adjacent vacated alley in Oakside 2"d Addition to the City of South Bend, St. Joseph County, Indiana Tax Parcel Nos. 18-8014-0663, 18-8014-0666, 18-8014-0667, 18-8014-0668 and 18-8014-0665 Commonly known as 2717 South Main Street, 2721 South Main Street, 2729 South Main Street and 217 Oakside, South Bend, Indiana 46614 Subject to any easements, covenants or restrictions of record. be and the same is hereby established as GI General Industrial. 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 . Me ber of the Common Council Attest: C Cle k Presented by me to the Mayor of the City of South Bend, Indiana on the I S ~ day of ~~~,~+. , 2~_, at ~'• ~ ~ o'clock ~. m. (City Clerk Approved and signed by me on the /~ ~" day of ~-/~ , 2~, at 2 ; o o'clock ~. m. ~r Mayor, ty of S Bend, Indiana ~3~~ 1st READING 1' ~ ~~,~ PUBLIC HEARING ~ ~~'~ Q S I f 3 rd READING ~--(,~(,~~ ~f Su,~OS?'~~ NOT APPROVED REFERRED /~,p- ~1~3-0~ PASSED 8'~~~,~c~ ~.5 Sw~J~~9.~ tiled In Glerk's Gffiic~ J U L 3 ~ 2009 JOtIN VOOADE CITY CLERK, S0. BEND, tN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 49-09 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2717 SOUTH MAIN STREET, 2721 SOUTH MAIN STREET, 2729 SOUTH MAIN STREET AND 217 OAKSIDE, COUNCILMANIC DISTRICT 6, 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 a substitute for a title change. Ann Puzzello Chairperson, Committee of the Whole ~- Date Filed Date received by the Area Plan Commission Application No. AMENDED PETITION FOR REZONING Huffaker Enterprises, Inc., owner of the real estate located at the 2729 South Main Street, South Bend, Indiana, and Company G, as contingent purchaser, hereby makes application to the Common Council of South Bend, Indiana to amend the South Bend Zoning ordinance from LB Local Business District to GI General Industrial District for the subject property. In support of this application, the property owner and contingent purchaser submit the following: 1. The property to be rezoned is developed with a commercial building and two (2) single- family dwellings located at 2729 South Main Street, in South Bend, Indiana described as: Lots 45, 46, 47, 48 and 49 and the adjacent vacated alley in Oakside 2°d Addition to the City of South Bend, St. Joseph County, Indiana, Tax Parcel Nos.18-8014-0663,18-8014-0666,18-8014-0667,18-8014- 0668 and 18-8014-0665, commonly known as 2717 South Main Street, 2721 South Main Street, 2729 South Main Street and 217 Oakside, South Bend, Indiana 46614. The properly consists of five (5) lots and a vacated alley as shown on the attached areal photograph and site survey. The parcel size is approximately 1.1 acres. The two single-family dwellings appear to be existing legal non-conforming uses located in a district currently zoned LB Local Business District. 2. The name and address of the property owner is: Huffaker Enterprises, Inc. c/o Don E. Huffaker 1308 Apple Ridge Court South Bend, Indiana 46614 Telephone: (574) 291-2734 3. The name and address of the contingent purchaser of the property is: Company G 2511 South Main Street South Bend, Indiana 46614 Telephone (574) 287-4674 4. It is desired and requested that the property be rezoned from LB Local Business District to GI General Industrial District. 5. This rezoning is requested to allow the following use: The property will be used as the location of a business (Galloway Mortgage Services, Inc.) that provides services to the mortgage servicing community, such as mowing, demolition, re-key services, board-ups, and hauling away trash and furniture left at vacated homes. The property will be used for storage of equipment and steel fabrication on site for building repairs off-site. Dumpsters will be located on-site similar to other business (but not like a waste transfer station). The contingent purchaser presently intend to raze the single-family homes on the site after the current occupants vacate the premises. The contingent purchaser does not intend to evict the occupants. The rezoning for this use will be of benefit to the property and surrounding neighborhood. The rezoning will result in the upgrading of the property and will put to productive use a building that is currently vacant. 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) five (5) copies of the site plan; and (d) addressed, stamped envelopes for all properly owners within 300 feet of the petition property. 7. By signing this petition, the property owner and the contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submission 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 plan may be requested. OWNER: Huffaker Enterprises, Inc. ames A. asters (#9074-71) ~TEME , FEENEY, MASTERS & CAMPITI, P.C. 211 W. Washington 5t., Suite 1800 South Bend, Indiana 46601 Telephone: (574) 234-0121 Its: Attorney 2 .. CONTINGENT PURCHASER Company G By: Its: •~)-//r~1~-~ . ~7 F:\MASTERS\CLIENTS\Huffskcr, Don E\Rczoning.PETIT10N.wpd r Property Owners Within 300 Feet of 2729 S. Main St., South Bend Property Owner Tax Key No. Amland Corp. 018-8013-0599 105 N. Niles Ave. South Bend, IN 46634 Accu Cast Technology, LLC 018-8013-59801 220 W. Eckman St. 018-8013-59802 South Bend, IN 46614 018-8013-59803 Orangensaft, LLC 018-081 b-0715 202 Lincolnway East 018-0816-0716 Suite 100 018-0816-0717 Mishawaka, IN 46544 018-0816-0718 018-0816-0719 Mulatu Amare & Fereheyot Ol 8-0816-0726 11604 Coastal Highway Ocean City, MD 21842 2801 S. Main Land Trust 018-0816-0727 P.O. Box 2544 South Bend, IN 46680 Chris P. Kohler 018-8016-0728 22845 Madison Road 018-8016-0730 South Bend, IN 46614 018-8016-0731 William and Lorraine Davis 018-8016-0732 2821 S. Main Street South Bend, IN 46614 Nick G. Allen 018-8014-0681 5105 Western Ave. South Bend, IN 46619 John Lockwitz, III 018-8014-0680 21959 Silver Spring Dr. South Bend, IN 46628 Millers Real Estate, LLC 018-8014-067901 2700 S. Main 018-8014-0669 South Bend, IN 46614 018-8014-0670 018-8014-0671 / ~ Miles E. Lockwitz 2714 S. Main St. South Bend, IN 46614 Nick G. Allen 51867 Meadow Knoll Dr. South Bend, IN 46628 Frank and Nicola Macri and Immacolata as Joint Ten W. Ros Astic 22890 S.R. 23 South Bend, IN 46614 August and Doris Brenner A Rev. Liv. Trust Brenner August K and Doris as Trustees Res Life Est 60683 Crown Ridge Ct. South Bend, IN 46614 Edward Wedelstedt 2825 East Long Ct. Littleton , CO 80121 Mark and Judy Liszewski 63921 Miami Road South Bend, IN 46614 Joel A. Morimanno P.O. Box 2723 South Bend, IN 46680 Kent and Roseanne Miller 2810 S. Main South Bend, IN 46614 Ashley, Inc. 2801 S. Michigan St. South Bend, IN 46624 018-8014-0672 018-8014-0673 018-8014-0674 018-8014-0675 018-8014-0676 018-8014-063701 018-8014-0657 018-8014-0658 018-8014-0661 018-8014-0647 018-8015-0690 018-8015-0689 018-8015-0688 018-8015-0687 018-8015-0686 018-8015-0700 ~.~ ~~ ~~~3~'A'~ 1M;~'~~t~~ J U L - ~ 2~~? 2 ~ob~rt vices~~ 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 August 19, 2009 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Huffaker Enterprises, Inc. to zone from LB Local Business District to GI General Industrial District, property located at 2717, 2721 and 2729 S. Main Street and 217 Oakside, City of South Bend - APC# 2524-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Huffaker Enterprises, Inc. was legally advertised on Thursday, August 6, 2009 and that the Area Plan Commission at its public hearing on Tuesday, August 18, 2009 took the following action: Upon a motion by John McNamara, being seconded by Richard Warner and unanimously carved, the proposed ordinance of Huffaker Enterprises, Inc. to zone from LB Local Business District to GI General Industrial District, property located at 2717, 2721 and 2729 S. Main Street and 217 Oakside, City of South Bend is sent to the Common Council with a favorable recommendation. 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, W- `hn W. Byo JWB:jsc Attachment CC: Huffaker Enterprises, Inc. Company G James A. Masters Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2524-09 Owner: Huffaker Enterprises, Inc. Location: 2717, 2721 and 2729 S. Main Street and 217 Oakside Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business to GI General Industrial District to allow a mortgage services company which provides services such as mowing, demolition, re-key, board-ups, hauling away trash. The property will be used for storage of equipment and steel fabrication. Land Uses and Zoning: On site: On site is a vacant commercial building and two single family homes. North: To the north is the an adult bookstore zoned LI Light Industrial District. East: To the east are three single family homes and Miller Hydraulic Service zoned LB Local Business District. South: To the south are single family homes zoned SF2 Single Family and Two Family District and vacant land zoned LI Light Industrial District (pending rezoning to GI General Industrial District). West: To the west is Accucast Technology zoned G[ General Industrial District. District uses and development standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial /mixed use districts by less intense industrial districts. Site plan description: The total area is 1.10 acres. There is a 8,575 square foot building and two single family homes on the site. The buildings cover 11, 434 square feet or 24% of the site. No pazking is shown on the site plan. There are some paved areas azound the houses, covering 5,161 square feet or 11 % of the site. The open area is 31,173 square feet or 65% of the site. The site will need variances for setbacks and landscaping. Zoning and land use history & trends: To the south there is a pending rezoning from LI Light Industrial District to GI General Industrial District for the Orangensaft property. (APC #2474) The rezoning is pending the filing of written commitments. Traffic and transportation considerations: Main Street is a three lane one way south street. Oakside has two lanes. Additional information: (Agency comments) The City Engineer recommends approval subject to drainage and access. No curb cut was shown on the site plan. Any new buildings or pavement must meet drainage calculations. Huffaker Enterprises, Inc. #2524-09 Page 1 of 1 5 Criteria (per IC 36-7-4-603): ' 1. Comprehensive Plan: Policy Plan: Citv Plan. South Bend Comprehensive Plan. November 2006 Land Use 2.4: Provide buffer spaces between non-compatible land uses. Because the building is built on the lot line, there is no Yoom to properly buffer the houses to the south or east with perimeter or foundation landscaping. I.,and Use Plan: The Future Land Use Map shows this area as Light Industrial. 2. Current conditions and character: The commercial building is vacant. The two single family homes are functioning as single family homes, however, the petitioners plan to raze them once they are vacated. The area has a mix of single family homes, businesses, and light industrial uses. 3. Most desirable use: The most desirable use is light industrial, commercial or office. 4. Conservation of property values: Surrounding property values may be affected. 5. Responsible development and growth: It is responsible development and growth to protect the residential homes and business area by limiting heavy industrial uses in this area. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. The staff would be more supportive of a LI Light Industrial zoning classification. Analysis: The general area is a mixture of commercial, business and very light industrial uses. The rezoning of this property to the GI General Industrial classification would potentially introduce more intensive and incompatible uses than generally found for amulti-block area along Main Street. Huffaker Enterprises, Inc. #2524-09 Page 2 of 2 Zoning Key ,SOUTH BEND "SF2" SINGLE FAMILY i3~TW0 FAMILY SOUTH BEND "M U" b11XED USE SOUTH BEND "LB" LOCAL BUSINES SOUTH BEND "GB" GENERAL BUSINESS SOUTHBEND"LI" LIGHTINDUSTRIAL SOUTH BEND "GI" GENERALINDUSTRIAL Iv _~__ ,~ ~ -~ ~~~`~ E ,,. ~ ; ~,T.', S 1 inch = 1 ~+~ feet APB # ~'S24-~9~ Rezonin+~ from: iLE~" Lt3CAL BUSINESS DISTRICT to "GI" GENERAL INDUSTRIAL DISTRICT