Bill 68-05 Annexation of Northeast corner of S.R. #23 and Mcerlaind St.

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Area, Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Assistant Director Phone 574 - 235 -9571 www.stjosephcountyindiana.com Fax 574 - 235 -9813 December 21, 2005 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 Richard & Marsha Pullin and Shirley Combs to zone from "R" Residential (County zoning) to "O" Office (City zoning), property located approximately 200 feet east of S.R. 23 between McErlain Street and Elkins Street, City of South Bend - APC# 2338 -05 Dear Council Members: I hereby Certify that the above referenced ordinance of Richard & Marsha Pullin and Shirley Combs was legally advertised on Thursday, December 8, 2005 and that the Area Plan Commission at its public hearing on Tuesday, December 20, 2005 took the following action: Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Richard & Marsha Pullin and Shirley Combs to zone from "R" Residential (County zoning) to "O" Office (City zoning), property located approximately 200 feet east of S.R. 23 between McErlain Street and Elkins Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. The "O" Office district is intended for areas located along arterials with access to arterial and collector streets, or in areas where conflicts with residential land uses are minimized. This rezoning is in conflict with the Comprehensive Policy Plan. It intrudes into a residential area. McErlain and Elkins Street are two lane residential streets. A development of this size and magnitude would fit better on State Road 23 or Douglas Road. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. 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, JWB:sr Attachment CC: Richard & Marsha Pullin and Shirley Combs Danch, Harper & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana