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9792-07 Rezoning Douglas Road - District 4
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9792-07 Rezoning Douglas Road - District 4
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Last modified
9/24/2009 3:37:27 PM
Creation date
10/19/2007 9:25:56 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
10/8/2007
Ord-Res Number
9792-07
Bill Number
40-07
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Area Plan Commission of St. Joseph County <br />John W. Byorni <br />Executive Director <br />1140 County-City Building <br />South Bend, Indiana 46601 <br />Larry P. Magliozzi <br />Assistant Director <br />Phone 574 235-9571 <br />August 22, 2007 <br />www.stjosephcountyindiana.com <br />Fax 574 235-9813 <br />The Honorable Council of the City of South Bend <br />4th Floor, County-City Building <br />South Bend, IN 46601 <br />RE: A proposed ordinance and site development plan of Hartman's Douglas Road Trust Agreement and Snelson's Douglas <br />Road Trust Agreement to zone from CB Community Business District and SF1 Single Family and Two Family District <br />to CB Community Business District, property located between 3466 and 17210 Douglas Road and south of 17210 and <br />17242 Douglas Road and approximately 1,000 feet east of S.R. 23, City of South Bend, as tabled - APC# 2444-07 <br />Dear Council Members: <br />I hereby Certify that the above referenced ordinance of Hartman's Douglas Road Trust Agreement and Snelson's Douglas Road <br />Trust Agreement was legally advertised on Thursday, July 5, 2007 and that the Area Plan Commission at its public hearing on <br />Tuesday, August 21, 2007 took the following action: <br />Upon a motion by Gerry Phipps, being seconded by Robert Hawley and carried, the proposed ordinance and site <br />development plan of Hartman's Douglas Road Trust Agreement and Snelson's Douglas Road Trust Agreement to <br />zone from CB Community Business District and SF1 Single Family and Two Family District to CB Community <br />Business District, property located between 3466 and 17210 Douglas Road and south of 17210 and 17242 <br />Douglas Road and approximately 1,000 feet east of S.R. 23, City of South Bend, as tabled is sent to the Common <br />Council with a favorable recommendation subject to the following written commitments: 1) No access to <br />McErlain Street or Elkins Street, 2) A cross access easement be provided to the western adjoining lots; Tax ID's <br />24-2023-0548 and 24-2023-054801. 3) The southern 180 feet of the site be restricted to OB Office Buffer uses <br />and development standards. 4) No controlled uses allowed with the development. Prior to September of 2005, <br />the southwest portion of this site was zoned SF1, with the northeastern portion zoned OB. In September of 2005, <br />the OB zoning was successfully petitioned to CB. The SF1 district essentially remained in place, with written <br />commitments to protect the residential properties to the south. The land uses to the south of the petition area <br />have not changed since the rezoning in 2005. The commission also recognizes the expansion of the commercial <br />area along Douglas Road. However, the Commission feels by limiting the southern 180 feet of the development <br />to OB Office Buffer uses and development standards, along with the required residential buffer yard and <br />landscaping, the surrounding residential areas should be adequately buffered, while at the same time providing <br />appropriately zoned property for commercial development. <br />The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the <br />minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. <br />Sincerel''yII,JJ <br />!N. <br />~--~ohn W. Byo <br />JWB:sr <br />Attachment <br />CC: Hartman's Douglas Road Trust Agreement and Snelson's Douglas Road Trust Agreement <br />Douglas Road Parnters, L.P. <br />Derek J. Spier, A.I.C.P. <br />Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana <br />
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