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Home My WebLink About10014-10 Rezoning- Northeast corner of Cleveland Rd. and Mayflower Rd. Senior Housing/PUD- Passed 5-10-10ORDINANCE No. oo,e,o Passed by the Common Council of the City of South Bend, Indiana May 10, Attest: E Attest: Presented by me to the Mayor of the City of South Bend, Indiana May 11, 20 10 City Clerk President of Common Council City Clerk Approved and signed by me May 11, 2010 20 10 r ~'` (:,~ Mayer ORDINANCE NO. ~ ~~ ~ 1-~.~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE VACANT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, AND IS PRESENTLY ZONED O OFFICE DISTRICT. THE PROPERTY IS REQUESTED'TO BE REZONED TO THE PUD PLANNED UNIT DEVELOPMENT DISTRICT TO ALLOW FOR USES PERMITTED UNDER THE FOLLOWING DISTRICTS: MF1 URBAN CORRIDOR MULTIFAMILY DISTRICT; LB LOCAL BUSINESS DISTRICT; CB COMMUNITY BUSINESS DISTRICT AND THE GB GENERAL BUSINESS DISTRICT. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. 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: - ~"A PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS # 1 THROUGH # 10 OF THE PLAT OF "HUTTO MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0833593 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE. CONTAINING 43.33 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "PUD" PLANNED UNIT DEVELOPMENT DISTRICT. SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. R OF THE COMMON COUNCIL ATTEST: CIT CLERK 2 PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE ~,~~_ DAY OF , 2 D t ~ , AT ~~3c~ O' 4 L.Ci'~K ~ . M . ' r- G~~.. ITY CLERK , APPROVED AND 2 p~U , SIGNED BY ME ON THE A~ 'CLOCK _~.M. ~~ DAY OF /~' 1st READING 3 ~~ ~ PUBLIC FiEARiNGs -~`~ ~~"~ 3 rd READWG ~- ~~ -'~-~ NOT APPROVED REFERRED {3 -P - .3 -$~`'~ PASSED s , (, O -~~ ~~/ MAYOR, CITY 7 ~( O SOUTH BEND, INDIANA ~li€?€~ ICl ~~~~'~~'S ~~i~~ P~4AR - 3 2010 ,!0lIN VCOPDE CITY CLaRIC, v0. F;EHA, IM. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 16-10 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628, COUNCILMANIC DISTRICT NO. 1, 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 with the following recommendation. Ann Puzzello Chairperson, Committee of the Whole DATE FILED APPLICATION NO. DATE RECEIVED BY AREA PLAN COMMISSION I (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: NORTHEAST CORNER OF CLEVELAND ROAD & MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: BRICK ROAD LLC 58000 WEST EIGHT MILE ROAD NORTHVILLE, MICHIGAN 48167 (248) 361-3669 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED: FROM: O OFFICE DISTRICT TO: PUD PLANNED UNIT DEVELOPMENT DISTRICT 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): PRIMARY PERMITTED USES LISTED IN THE: A). MF1 URBAN CORRIDOR MULTIFAMILY DISTRICT; B). LB LOCAL BUSINESS DISTRICT C). CB COMMUNITY BUSINESS DISTRICT D). GB GENERAL BUSINESS DISTRICT 6) . ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; AND (E) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 E'EET OF THE PETITION 2 PROPERTY (F) A LOCATION MAP, IF AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN 8 ~'z" x 11" FORMAT. ~~~ ~~~. FOR: BRICK ROAD LLC 58000 WEST EIGHT MILE ROAD NORTHVILLE, MICHIGAN 48167 (248) 361-3669 PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT): DANCH, HARMER & ASSOCIATES 1643 COMMERCE DRIVE SOUTH BEND, INDIANA 46628 PHONE NUMBER (574)-234-4003 ~i~-yc En E~I- ~~~'h ~?~4~~~ ~~1AR - 3 2010 JOfi~? ~'fiG:?LSE GIIY GLEEiK, SL, E~i~1s~, IP1. Property Owners Within 300 Feet Norman & Bonnie Mueller Clayton & Dolores Close Robert Pryer 23234 Brick Road 23206 Brick Rd 23178 Brick Rd South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019910 Tax Key # 004 1012 019901 Tax Key # 004 1012 019905 Frank & Virginia Tirotta Joshua & Keyna Martinez Patricia Ransberger 23166 Brick Rd 23595 Brick Rd 51913 Mayflower Rd South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019936 Tax Key # 004 1009 015616 Tax Key # 004 1009 015610 Neil & Diana Dockemeyer Neil & Diana Dockemeyer Mark & Margaret Donoho 23573 Brick Rd 23573 Brick Rd 23555 Brick Rd South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1009 015614 Tax Key # 004 1009 015617 Tax Key # 004 1009 015609 Mark & Margaret Donoho Richard & Patricia Lutz Pauline Yeakley 23555 Brick Rd 23501 Brick Rd 51975 Mayflower Road South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1009 015608 Tax Key # 004 1009 015613 Tax Key # 004 1009 015612 Maureen Donlon Daniel & Kimberly Eckhart Patricia Ransberger 51955 Mayflower Rd 51935 Mayflower Rd 51913 Mayflower Rd South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 00 41009 015607 Tax Key # 004 1009 015615 Tax Key # 004 1009 015610 Holy Trinity Evangelical Lutheran Robert &Veldoris Nielsen Robert &Veldoris Nielson Church 23435 Brick Rd 23413 Brick Rd 51900 Mayflower Rd South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1009 0158 Tax Key # 004 1009 015901 Tax KPV # M 41 M9 n15Rn1 Ralph & Martha Whiting Orval Sellers Orval Sellers / Connie Warnke 6450 Miami CR.Apt. 205 23287 Brick Rd 23287 Brick Rd South Bend, IN. 46614 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1009 015902 Tax Key # 004 1009 0160 Tax Key # 004 1009 016001 Home City Ice Co. Rew LLC Gregory P Barkley P.O.Box 111116 5681 W Cleveland 17780 Waxwing Ln Cincinnati, OH. 45211 South Bend, IN. 46628 South Bend, IN. 46635 Tax Key # 025 1018 061615 Tax Key # 025 1018 061605 Tax Key # 025 1018 061607 South Central Industrial Properties Oi Capital Corp Pochi Investments LLC 16225 Park Ten Place #200 421 Second St P.O.Box 1630 Houston, TX. 77084 Elkhart, IN. 46516 Green Bay, WI. 54305 Tax Key # 025 1018 061606 Tax Key # 025 1018 061602 Tax Key # 025 1018 061611 Oi Capital Corp USF Holland Inc. Gladys Shively /Frank & Marian Hutto 421 S. Second St 750 E. 40th St. 58000 W. 8 Mile Road Elkhart, IN. 46516 Holland, MI. 49423 Northville, MI. 48167 Tax Key # 025 1018 061612 Tax Key # 025 1018 0618 Tax Key # 025 1018 0620 Brian & Sharon Steinke Marc & Diana Breden Clint Dewispelaere 23231 Brick Rd 23140 Brick Rd 52041 Patricia Lane South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 0041009 016101 Tax Key # 004 1012 019904 Tax Key # 004 1012 019903 Dennis & Beverly Hanyzewski Mason & Stephanie Rusk James & Catherine Riordan 52040 Patricia Lane 52035 Tara Drive 52069 Patricia Ln South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019926 Tax Key # 004 1012 019934 Tax Key # 004 1012 019925 Brent & Sharon Myers Tamara Robert & Carolyn Gaby John Pierson Revoc.Living Trust 52062 Patricia Lane 52057 Tara Dr 52101 Patricia Lane South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019927 Tax Key # 004 1012 019906 Tax Key # 004 1012 019909 Kenneth & Jerrie Balogh Joseph & Jacqueline Kozakiewicz Richard & Carolyn Coddens 52100 Patricia Lane 52189 Patricia Lane 23136 Acadia South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019928 Tax Key # 004 1021 019921 Tax Key # 004 1012 019907 Gretchen Katiun Gretchen Katiun Robert & Norma Span 23156 Acacia PI 23156 Acacia PI 52167 Patricia Ln South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1012 019919 Tax Key # 004 1012 019920 Tax Key # 004 1012 019922 Frank & Frances Biedinger James L Galeziewski Tuliptree Associates LLC 52141 Patricia Ln 52119 Patricia Lane 2180 Hornig Road South Bend, IN. 46628 South Bend, IN. 46628 Philadelphia, PA. 19116 Tax Key # 004 1012 019923 Tax Key # 004 1012 019924 Tax Key # 025 1012 019937 Edward & Helen Jittler Eugene & Roberta Zarembka 52120 Patricia Lane 23155 Acacia PI South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 0041012 019930 Tax Key # 004 1012 019931 ~~'~ a... rgAR _ 3 2010 LEGAL DESCRIPTION A PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 38 NORTH, RANGE 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULP,RLY DESCRIBED AS FOLLOWS: LOTS # 1 THROUGH # 10 OF THE PLAT OF "HUTTO MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0833593 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE. CONTAINING 43.33 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 'e~.MB,. i3 w~.sJ. as e; .~ "AR - 3 2010 ~~ ~~ Uanch, F/arner ~ ~1 ssociates, Inc. MICHAEL J. DANCH, L.A. Land Surveyors . Professional Engineers RON HARNER, P.S. Landscape Architects ^ Land Planners Honorable Members of the City of February 25, 2010 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for Brick Road LLC: Dear Council Members: Our clients are requesting the approval of a Rezoning Petition for their property located at the Northeast corner of Cleveland Road and Mayflower Road, South Bend, Indiana. The vacant property is approximately 44.33 acres in size. The owners desire to rezone the property from the classification of O Office District to the PUD Planned Unit Development District to allow for permitted uses under the following classifications: MF1 Urban Corridor Multifamily District, LB Local Business District, CB Community Business District and the GB General Business District. As shown on the provided preliminary site plan the owners envision a mixture of uses for the property which include a residential component of a multi-generational community, a retail component of a commercial center, smaller individual commercial sites for retail and restaurants and a larger site for single commercial user. This mixed development would be tailored to meet the needs of the existing residential neighborhoods located in close proximity to this site and also meet the needs for the mix of existing commercial and industrial users located along this portion of Cleveland Road. Our clients believe that this type of a mixed-use development would fit well for this Northwest City neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, Michael J. Danch President Danch, Harner & Associates File No. 100110 "C" Md. 1643 Commerce Drive South Bend, IN 46628 office 574/234-4003 ^ 800/ 594-0003 ^ Fax 574/234-4119 ~~~~~'~ ~~ii4~L Fc~~d to r~tiAR - 3 200 JOhN VOORD ~~ IN. 208 West Mars ^ Berrien Springs, MI 49103 o~ice 2691471-3010 ^ Fax 269/471-7237 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 vvvvw.stjosephcountyindiana.com/areaplan Fax 574 235-9813 Apri121, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Brick Road, LLC to zone from O Office District to PUD Planned Unit Development, property located at northeast corner of Cleveland Road and Mayflower Road, City of South Bend - APC# 2549-10 Dear Council Members: I hereby Certify that the above referenced ordinance of Brick Road, LLC was legally advertised on Thursday, Apri18, 2010 and that the Area Plan Commission at its public hearing on Tuesday, Apri120, 2010 took the following action: Upon a motion by Donna Chamblee, being seconded by John McNamara and unanimously carried, the proposed ordinance of Brick Road, LLC to zone from O Office District to PUD Planned Unit Development, property located at northeast corner of Cleveland Road and Mayflower Road, City of South Bend is sent to the Common Council with no 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, rv ~~~~~- ohn W. Byornt JWB jsc Attachment CC: Brick Road, LLC Danch, Harney & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2549-10 ®wner: Brick Road, LLC Location: northeast comer of Cleveland Road and Mayflower Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from O Office District to PUD Planned Unit Development to allow Primary permitted uses listed in the MF 1 Urban Corridor Multifamily District, LB Local Business District, CB Community Business District, and GB General Business District. Land Uses and Zoning: On site: On site is an old barn and farmland. North: To the north are 3 single family homes, a church and an elderly care home, all zoned R Single Family District (County). East: To the east are single family homes zoned R Single Family District (County) and a City of South Bend well field zoned LI Light Industrial (City). South: To the south is a proposed commercial development recently rezoned to CB Community Business District (City). West: To the west are several businesses, including a tire store and an equipment rental facility zoned LI Light Industrial district (City). District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. Site plan description: The entire site is 43.33 acres and is proposed to be a mix of retail uses, a residential care facility, and attached single family units identified as senior cottages. The 193,162 square feet of retail is broken up into several buildings of varying sizes. The residential care facility consists of 245,956 square feet, and the 45 senior cottages have a total of 51, 800 square feet. Total building coverage is 18% of the site. A total of 1,085 parking spaces are located on the site, covering 33% of the site: 875 for retail, 150 for the residential care facility and 60 for the senior cottages. Lighting and sign standards will adhere to the City of South Bend Zoning Ordinance. Landscaping, parking and loading follow the format of the City of South Bend Zoning Ordinance, but with changes to the content. Mayflower Road is proposed too be re-aligned. A pedestrian bicycle trail is being proposed to connect Cleveland Road to Brick Road, and the residential component to the existing residential subdivision to the east. Zoning and land use history & trends: The larger portion of this property was annexed into the City in 1993. In 1994, the Area Plan Commission initiated a rezoning to D Industrial and BP Business Park for the property annexed. Brick Road, LLC #2549-10 Page 1 of 3 The parcel containing the barn was annexed into the City in 2001. A 2001 petition to rezone that property to BP Business Park expired due to lack of final site plan. 'Traffic and transportation considerations: Cleveland Road has four lanes with a center median. Mayflower Road has two lanes. Brick Road has two lanes. The re-aligned Mayflower Road will have two lanes. Utilities: All buildings will be connected to City water and sewer facilities. Additional information: (Agency comments) The St. Joseph County Airport Authority is opposed to the project, stating that the entire development is within the Noise Sensitive Zone for Runway 18 at the South Bend Regional Airport. The St. Joseph County Health Department states that the proposed project is very near a community public water supply system. All of the PUD is within the 5 year time of travel (Zone 2) of the Wellhead Protection Area. Some of the proposed PUD, including the parking area of one retail/commercial facility is located within the 200 foot Zone 1 setback of the Wellhead Protection Area. The Health Department recommends approval subject to stipulations as to what is placed within the 200 foot Zone 1 setback of the Wellhead Protection Area. A subdivision will be required to dedicate the right-of--way and reassign easements. Commitments: The petitioner has prohibited the construction of billboards within the P.U.D. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City Plan. South Bend Comprehensive Plan, November 2006 Objective LU 5.4: Consider the needs of the South Bend Regional Airport when planning for the future of surrounding neighborhoods. The entire development is within the Noise Sensitive Zone for Runway 18 at the South Bend Regional Airport. Objective PF 3.1: Ensure a clean and dependable water supply to meet the existing and future needs of the community. The proposed project is very near a community public water supply system Objective 2.1.2: Improve bicycle and pedestrian safety on local streets by providing bike lanes, paths and pedestrian walkways. There are currently bike lanes on the north side of Cleveland Road. This development proposes extending the lanes to Brick Road and to the east. Land Use Plan: The future land use maps identifies this area as LI Light Industrial. Plan Implementation/Other Plans: Michiana Regional TransQortation Center Master Plan (Update 2000) The approach slope for the property in Appendix 2 approach north of Runway 18-36 is 34:1. Brick Road, LLC #2549-10 Page 2 of 3 When modifications are made to existing runway systems, aircraft noise is often the most obvious impact on a community. NOTE: Runway 18-36 was extended in 2007. 2. current conditions and character: There is an established neighborhood to the east and industrial uses to the west. There is limited residential to the north consisting of homes on larger lots fronting Brick and Mayflower Roads. 3. Most desirable use: The most desirable use is light industrial. The office uses originally contemplated by the property owner several years ago would also be suitable. 4. Conservation of property values: Any development to the site may affect surrounding properly values, although the location of the proposed uses will minimize any properly value impact, especially to the existing homes to the east. 5. Responsible development and growth: With the recent rezoning of the property to the south for a commercial development including a hotel and restaurants, it is appropriate to allow the site to accommodate additional, and compatible uses. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation for the LB,CB and GB uses. Analysis: Being in the Noise Sensitive Zone is not be best location for residential uses. City Plan recommends this properly be Light Industrial. Therefore the commercial portion can be supported to act as a buffer between the existing light industrial to the west and the existing residential to the north and east. Brick Road, LLC #2549-10 Page 3 of 3 R ~GY. _ _ ~ ~ ._ . _ s _- ~ ~ -- - ~d~r. r I ~` j ` R ~ ,~ z ~ Vie.., .r ~~. °"< ~: ~ p, ,~r ~ H a ~~, r s' _ _:~ s a '"' ,~ ? s,.' a .~, L ~ ~,~, r ,~ ~ #r Q ca d a _ F G i ~4. SOUTH BEND ~ ~~ r ~; - > '.~.t '~f n _3 _ ..~ ~~-'J " ~' ~ ~~ a a 7,. ~. ~ Cfe~er$~~ 3 0 _ ._ _ .. ._ Rezan ing from: =~st OFFICE DISTRICT to "PUD" PLANNED UNIT DEVELOPMENT Zoning Key COUNTY "R" SINGLE FAMILY DISTRICT ~~ ~~SaUTH BEND D QFFICE DISTRICT _:;;..~~ SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT SQUTH BEND "LI" LIGHT INDUSTRIAL DI STRICT .~~` vT __, s 1 inch = 400 feet ASF'G ## 2~4~-1~ April 16, 2010 The Area Plan Commission St. Joseph County, IN 1140 County-City Building South Bend, IN 46601 VIA OVERNIGHT DELIVERY RE: Proposal from Brick Road LLC to rezone property located at the corner of Cleveland Rd. and Mayflower Rd. from O Office District to PUD Planned Unit Development - APC# 2549-10 Dear Commission: Estes Express Lines owns the property located at 5550 W. Cleveland Rd., City of South Bend. Our property is across Cleveland Rd. from the above referenced site and is zoned Light Industrial. We currently lease the site to YRC Inc. who uses the facility as a truck terminal, which is its intended use. If YRC should move out at some point in the future, Estes would operate a truck terminal from this facility, so the current use would continue. Our property and the other industrial properties surrounding the above referenced parcel along Cleveland Rd. are not a good mix for the proposed development. Industrial traffic mainly consists of large tractor-trailers and heavy dump trucks, straight trucks, etc. We have dealt with noise and traffic complaints in other locales where our terminals aze located near residential developments and we foresee this as a problem here. These cross-dock facilities aze often open 24 hours, seven days per week. The noise that comes from such a facility would not be conducive to sleeping during the night hours and is generally considered a nuisance by residents during the day-time hours. In addition, it is concerning that the proposal includes a pedestrian and bicycle trail on Mayflower Rd. to connect Cleveland Rd. and Brick Road. Cleveland Rd. does not have any sidewalks or traffic signals to currently make it pedestrian or bicycle safe. There is also an industrial business that fronts Mayflower Rd. that will have heavy vehicles coming and going. Mixing pedestrians and bicyclists with heavy industrial traffic along Mayfield and Cleveland roads is highly unsafe. Neither road is appropriate for this type of proposed traffic. In summary, industrially developed azeas should not adjoin a residential development to protect the enjoyment of all property owners involved. We oppose the proposal to rezone the property to PUD. The property should remain as O Office District as the uses under this zoning would be amore appropriate buffer and transition from the current residential azeas along Brick Road to the Industrial uses along Mayflower and Cleveland. In addition, the traffic along this azea of Cleveland Road should continue to accommodate industrial traffic for the safety of all involved. 3901 W, Broad St., Richmond, VA 23230-3962 • P.O. Box 25612, Richmond, VA 23260-5612 p; (804) 353-1900 • F:180 41 353-80 01 • www.estes-express.com ESTES In closing, please note that if this development is approved, we would like to note that the industrial businesses surrounding it were here first. Any noise or traffic complaints from residents in this development will need to be addressed by the county and the developers proposing the zoning change and not the business owners in this area. If you have any questions or need additional information, please give me a call at 804-353-1900, ext. 2263. Thank you for your time and consideration. Respectfully yours, Ange a J. Maidment V.P. of Corporate Real Estate