9792-07 Rezoning Douglas Road - District 4

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