HomeMy WebLinkAbout9664-06 Rezoning 1040 & 1102 West Washington St - District 2ORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
April 10, 296
Attest:
JO.
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Attest: /~~G~~/~-t`7/ti~(~ ~, f~
Presented by me to the Mayor of the Ciry of South Bend, Indiana
April 11,
206
Ciry Clerk
President of Common Council
Approved and signed by one A p r i 1 13 , 200 6
City Clerk
ORDINANCE NO. a~°~~-0~O
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1040 AND 1102 WEST WASHINGTON STREET,
COUNCILMANIC DISTRICT N0.2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
The properties at 1102 and 1040 West Washington Street are now zoned SF2, Single
Family, and it is requested to rezone both properties to O (Office). When the last
neighborhood rezoning took place, the Engman Natatorium was abandoned and no other
adaptive reuses were contemplated. Therefore, the property was zoned to the dominant
neighborhood zoning, SF2, in order to prevent less restrictive uses. South Bend Heritage
Foundation, working with the City of South Bend and Indiana University South Bend, is
in the process of demolishing the unstable rear portion of the Engman Natatorium, which
housed the pool, and will substantially rehabilitate the front section of the building to
house the Civil Rights Heritage, Center, which will be managed by Indiana University
South Bend. The Engman Natatorium is the last standing public building that was a part
of South Bend's civil rights history and the adaptive reuse of the building to
commemorate that history is a fitting tribute to those within our City who worked to
achieve equality for all under the law.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
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:
Lot Numbered Nineteen (19) as shown on the recorded Plat of Evans Subdivision
of Bank Out Lot 88 to the City of South Bend (1102 West Washington Street).
Key Number: 18-3070-2721.
East one-half (1/2) of Lot Numbered Twenty (20) as shown on the recorded Plat
of Evans Subdivision of Bank Out Lot 88 to the City of South Bend (1102 West
Washington Street). Key Number: 18-3070-2720.
Part of Bank Out Lot Numbered Eighty-Nine (89) of the Second Plat of Out Lots
of the Town, now City of South Bend, in St. Joseph County, Indiana, platted by
the State of Indiana, described as beginning at the Northwest corner of said Lot
Numbered Eighty-Nine (89); then East 1 chain 82 4/5 links, then South 144.54
feet to the North line of an alley; then West on the North line of said alley 1 chain
82 4/5 links to the West line of Said Lot Numbered Eighty-Nine (89); then North
144.54 feet to the place of beginning. Key Number: 18-3068-2605.
Be and the same is hereby established as O (Office).
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.
~'~
Member oft mmon Council
Attest:
'ty Cle k
Presented by me to the Mayor of the City of South Bend, Indiana on the <
day of , 2006, at '1i ~~ o'clock ~ m.
City Cler `~t,~„~.l
Approved and signed by me on the ~3 day of , 2006, at
`~ o'clock Q m.
.~,, u-`~-~-
Mayor of the C' of South Bend, Indiana
'I st READING Z- 13 ' o,,~(O
PUBLIC HEARING ~-l0 ~~°
3 rd READING ~-~0 .Ob
NOT APPROVED
REFERRED ~ .P, Z-~ 3 -~ b
PASSED ~„ (_~o _Q~
Filed In Clert~'~ ®fflce
F E B - 3 206
• JC`iN `1C;;fl~£
CITY C.LP~Giy J{). 6F~~~ IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05-06 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 1040 AND 1102 WEST WASHINGTON STREET,
COUNCILMANIC DISTRICT NO. 2 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.
Karen L. White
Chairman
1040 West Washington Street and
1102 West Washington Street
South Bend, Indiana
STATEMENT OF PURPOSE AND INTENT
South Bend Heritage Foundation, acting as the representative for the Board of Public
Works of the City of South Bend, the owners of the above cited properties, requests the
rezoning of 1040 and 1102 West Washington Street, known as the Engman Natatorium
and parking lot, from SF 2 to O (Office). When the most recent revision of the zoning
ordinance was enacted, the Engman Natatorium had been abandoned for almost 25 years.
Discussions and plans were then being entertained to entirely demolish the Engman
Natatorium and allow the land to revert to single family use. Therefore, the existing
zoning of the Engman Natatorium properties is SF 2.
South Bend Heritage Foundation, the City of South Bend and Indiana University South
Bend have been working together for approximately one year to plan for the adaptive re-
use of the Engman Natatorium into the Civil Rights Heritage Center. The Engman
Natatorium is the last remaining public building still in existence that represents the
struggles of the African-American citizens of South Bend to have free and equal access to
opportunities under the law. Therefore, the building itself is a significant piece of history
and to have the materials of the Civil Rights Heritage Center, managed by Indiana
University South Bend, housed within the Engman Natatorium will make the experience
even more meaningful to both those who formally study South Bend's civil rights history
and those who want to share in it.
The City of South Bend, through its Redevelopment Commission, has authorized the
expenditure of TIF (Tax Increment Financing) funds generated in the West Washington
Redevelopment Area to support the necessary demolition of the pool area and the
substantial rehabilitation of the dressing and changing rooms of the Engman Natatorium
to allow the building to become the Civil Rights Heritage Center. South Bend Heritage
Foundation has committed that it will fundraise privately for the funds necessary to
complete the substantial rehabilitation. And, Indiana University South Bend has
committed to managing the Civil Rights Heritage Center and housing the classes and
activities within the Center that brings our social history alive to both its students and the
greater South Bend community.
The rezonings requested will allow these activities to take place within the Engman
Natatorium so that we can both teach the past and learn from it as well as honor those
who actions allowed us to be here today as one community under the law.
Filed !et'l~'S ~~ifG2
F E B - 3 2006
c~~v c~~x, so. s~~€~, ire.
1040 West Washington Street and
1132 West Washington Street
South Bend, Indiana
LEGAL DESCRIPTION
1102 West Washington Street
Lot Numbered Nineteen (19) as shown on the recorded Plat of Evans Subdivision of
Sank Out Lot 88 to the City of South Bend.
East one-half (1/2) of Lot Numbered Twenty (20) as shown on the recorded Plat of
Evans Subdivision of Bank Out Lot 88 to the City of South Bend.
Key Numbers: 18-3070-2721
18-3070-2720
1040 West Washington Street
Part of Bank Out Lot Numbered Eighty-Nine (89) of the Second Plat of Out Lots of
the Town, now City of South Bend, in St. Joseph County, Indiana, platted by the
State of Indiana, described as beginning at the Northwest corner of said Lot
Numbered Eighty-Nine (89); then East 1 chain 82 4/5 links, then South 144.54 feet to
the North Line of an alley; then West on the North line of said alley 1 chain 82 4/5
links to the West line of Said Lot Numbered Eighty-Nine (89); then North 144.54
feet to the place of beginning.
Key Number: 18-3068-2605
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Date Filed:
Date received by the Area Plan Commission:
Application No.:
We the undersigned make application to the Common Council of the City of South Bend,
Indiana to amend the zoning ordinance as herein requested.
The properties sought to be rezoned are located at:
1040 West Washington Street and 1102 West Washington Street, City of South
Bend, Indiana.
2. The owner of the above cited properties is:
Gary Gilot, Chair
Board of Public Works
City of South Bend
County-City Building, 13`h Floor
South Bend, Indiana 46601
3. The contingent purchaser is:
Jeffrey V. Gibney, Executive Director
South Bend Heritage Foundation
803 Lincolnway West
South Bend, Indiana 46616
4. It is desired and requested that these properties be rezoned from SF2 (Single
Family) to O (Office).
5. These rezonings are being requested to allow the abandoned Engman Natatorium
and its off-site parking area to be substantially rehabilitated into the Indiana
University Civil Rights Heritage Center by South Bend Heritage Foundation.
6. Attached is a copy of (a) the legal description of the properties; (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 properties; (e) addressed, stamped envelopes for all
property owners within 300 feet of the petition properties; and (f) a location map,
drawn to scale, which includes street names, printed in 8 '/2 x 11" format.
APPROVED
Board of Public works
~.;~a 2 ~ Z 0
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Gary Gilot, Chair
Board of Public Works
City of South Bend
PETITION PREPARED BY and CONTACT PERSON:
Charlotte B. Sobel
Director of Development & Special Projects
South Bend Heritage Foundation
803 Lincolnway West
South Bend, Indiana 46616
574/289-1066X214
cbsobel@sbheritage.org
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Filed In
FEB _ 3 2006 1
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M/M Hollis Hughes
414 N. Studebaker
South Bend, IN 46628
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M/M George Clay
1025 W. Glashington
South Bend,IN 46601
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Charlotte Pfeifer
1013 W. Washington
South Bend, IN 46601
1a -1~-1842
Margaret Pfeil, Trustee
Catholic Worker
Moreau Seminary
Pdotre Dame, IN 46556
1 b-'x~o -~14
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Carliss P~illips
1106 W. Washington
South Bend,IN 46601
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Alan Larkin
1016 W. Washington
South Bend, IN 46601
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Lena Price
1119 W. Jefferson
South Bend, IN
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Claire Emery
1107 W. Jefferson
South Bend, IN
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Jesus Granados
1035 W. Jefferson
South Bend, IN
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Joseph Coleman
1628 Sibley
South Bend, IN
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803 Lincolnway West
South Bend, IN 46616
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Irene Reed
1021 W. Washington
South Bend, IN 46601
Joel Taylor
1009 G1. Washington
South Bend, IN 46601
~8 -1o't'2 - ~ 841
M/M Dewitt Moody
722 N. Twyckenharn
South Bend,IN 46617
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City of South Bend
227 W. Jefferson Blvd.
South Bend,IN 46601
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Jesse Sanders
1030 W. Jefferson
South Bend, IN
Sabrina Lopez
Blvd. -1117 W. Jefferson
46601 South Bend, IN
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Chiara Home, Inc.
Blvd. 1105 W. Jefferson
46601 South Bend, IN
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Marsha Scott
Portage Realty Corp.
6410 Stonecree~: Drive
Indianapolis, IN 467.68
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Ronald Skwarcan
1019 4J. Washington
South Bend; IN 46601
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M/M Michael t(lahr_e
1005 W. Washington
South Bend, IN 46601
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M/M Etayes Taylor
51662 Windy P,idge Court
South Bend, IN 46628
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Robin Rhodes/Jean Dibble
733 W. Washington
South Bend, IP1 46601
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M/M Jeffrey Smith
Blvd.. 1121 W. Jefferson Blvd.
46601 South Bend, IN 46601
Marilyn Cross
Blvd. 1115 W. Jefferson Blvd.
46601 South Bend, IN 46601
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Evora Harris
blvd. 1620 S. Michigan
46601 South Bend, IN 46613
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P. & D Sanders
Blvd. 1030 W. Jefferson Blvd.
46601 South Bend, IN 46601
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Hattie Irby
1019 G]. Jefferson
46628 South Bend, IN
M/M James O~~ens
c/o Hous. Dev. Corp.
521 Eclipse Place
South Bend, IN 46628
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Kathy Stewart
blvd. 1015 W. Jefferson Blvd.
46601 South Bend, IN 46601.
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4Jalter Walker, Jr.
1002 N. Twyckenham
South Bend, IN 46617
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M/M Karl Edmonson
1102 W. Jefferson Blvd.
South Bend, IN 46601
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Bruce Crumbley
737 Harrison Ave.
South Bend, IN 46616
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Mary Buggs
621 Diamond Avenue
South Bend, IN 46628
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Anthony D'Amico
1]_18 W. Jefferson Blvd.
South Bend, IN 46601
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Denise Kingsberry
1110 W. Jefferson Blvd,
South Bend, IN 46601
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Christian .Democratic Center David King Giloth
1040 W. Jefferson Blvd. 1036 W. Jefferson Blvd.
South Bend, IN 46601 South Bead, IN 46601
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Sanders Family
1030 LJ. Jefferson Blvd.
South Bend, IN 46601
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Minnie L. Clark
1026 W. Jef f ersor~ Blvd .
South Bend, IN 46601
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- _ - _ _ _ - _ _ _ JAN 23, 2006 SF-2 (SINGLE FAMILY 2) G ZONING
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I %OFFUTURECONST: 5 %(ASSUMES600SF , ~ ~
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SOUTH BEND HERITAGE
FOUNDATION
8O3 LINCOLNWAY WEST SOUTH BEND, IN 46616
PHONE (574)289-1066 Fnx (S74)289-4550
February 3, 2006
Mr. John Voorde, City Clerk
City of South Bend
County City Building, 4~' Floor
227 West Jefferson Boulevard
South Bend, Indiana 46601
Dear John:
VIA HAND DELIVERY
Enclosed you will find three (3) separate rezoning petitions for properties within the West Washington
Redevelopment Area being submitted by South Bend Heritage Foundation:
1201 W. Washington Street: rezoning petition from MU (Mixed Use) to SF 2 (Single Family
2). This property is owned by South Bend Heritage Foundation.
2. 1040/1102 W. Washington Street (Engman Natatorium and its adjacent parking lot): rezoning
petition from SF 2 (Single Family 2) to O (Office). These properties are owned by the City of
South Bend and South Bend Heritage Foundation is acting as the representative of the Board of
Public Works/City of South Bend in this rezoning request.
3. 1045 W. Washington Street (Hansel Neighborhood Center): rezoning petition from MF (Multi
Family) to O (Office). This property is owned by South Bend Heritage Foundation.
Also enclosed you will find two separate checks: one (1) made payable to the City of South Bend in
the amount of $300.00 and one (1) in the amount of $150.00 made payable to the Area Plan
Commission to cover the submittal costs of these three (3) rezoning petitions.
Should you require any additional information, please do not hesitate to call me at 289-1066X214 or
email me at cbsobel(a~sbherita~e.or .Thank you very much for your attention to these rezoning
requests.
Sincerely,
Charlotte B. Sobel
Director of Development and Special Projects
Enclosures
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CMARTE RED MEMBER
Area Plan Commission of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574-235-9571 www.stjosephcountyindiana.com Fax 574-235-9813
March 22, 2006
The Honorable Council of the City of South
Bend
4th Floor, County-City Building
South Bend, IN 46601
~~ 1 I IUv, ~ 5 " ~
RE: A proposed ordinance and site development plan of the Board of Public Works to zone from "SF2"
Single and Two Family Residential to "O" Office, property located at 1040 and 1102 West
Washington Street, City of South Bend - APC# 2362-06
Dear Council Members:
I hereby Certify that the above referenced ordinance of Board of Public Works was legally advertised on
Thursday, March 9, 2006 and that the Area Plan Commission at its public hearing on Tuesday, March 21,
2006 took the following action:
Upon a motion by Roland Kelly, being seconded by Tim Walz and unanimously carried, the
proposed ordinance and site development plan of the Board of Public Works to zone from
"SF2" Single and Two Family Residential to "O" Office, property located at 1040 and 1102
West Washington Street, City of South Bend is sent to the Common Council with a favorable
recommendation. It is reasonable to rezone to an office zone a vacant nonconforming
building that is unlikely to develop under its current single-family zone. The rezoning is
consistent with the Comprehensive Plan neighborhood policies to ensure community facilities
specifically in areas that cannot be revitalized by private market activities.
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,
~/~k
n W. Byorn
Filed In C1erk'~ 0#fice
JWB:sr
Attachment F1AR 2 2 2Q05
CC: Board of Public Works
Charlotte B. Sobel, Director of Development & Special Projects JOHN v00RDE
CITY CLERK, S0.6END, IN.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Report
APC # 2362-06
Owner: Board of Public Works
Location: 1040 and 1102 West Washington Street
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from "SF2" Single and T~vo Family Residential to "O"
Office to allow a museum.
Land Uses and Zoning:
On site: On site is the vacant Natatorium zoned "SF2" Single and Two Family Residential
North: To the north is the vacant Hansel Neighborhood Center which is pending
rezoning from "SF2" to "O" Office, an apartment building zoned "MF1"
Multifamily, and single family houses zoned "SF2" Single and Two Family
Residential.
East: To the east is a funeral home and single-family houses zoned "SF2" Single and
Two Family Residential.
South: To the south are single-family houses zoned "SF2" Single and Two Family
Residential
West: To the west are single-family houses zoned "SF2" Single and Two Family
Residential.
District uses and development standards:
The "O" Office District is established to promote the development of: general office uses and
complexes; professional health care uses and complexes; limited public and semi-public uses;
and other uses which are generally compatible in physical appearance and service requirements to
office uses. The potential for the development of multifamily dwellings is also provided.
Site plan description:: ~ ~... _ =_. ,_ _ : _ - _~::_.~~~:
The site plan shows two city lots totaling approximately 0.5 acres separated by an alley. The
museum will be located on the eastern lot reusing the existing 2,000 square foot building with
plans to expand it by 600 square feet. The rear pool shed will be removed. The future open
space-landscaping on the museum lot will be 65%. The western lot will contain 18 parking
spaces.
Zoning and land use history & trends:
Prior to August 13, 1991, this property was zoned "B" Multifamily Residential. However, with
the passage of the West Washington -Chapin Development Area rezoning on August 13, 1991,
the property was rezoned to "A" Single Family Residential. The 2004 City zoning map
designated this property as "SF2" Single-Family.
Traffic and transportation considerations:
Washington is a two lane residential street at this location.
Utilities:
The site will be served by municipal water and sanitary sewer.
Additional information: (Agency comments)
The building has been vacant for decades.
Board of Public Works
#2362-06
Page 1 of 1
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
Goa( 3: Objective A: Policy I: Ensure that identifiable neighborhoods have adequate civic
meeting space in community centers or equivalent facilities.
Goal 3: Objective E: Policy v: Areas that are in poor condition and cannot be revitalized by
private market activities only should be subject to renewal activities, including, but not
limited to property acquisition and site assembly, environmental assessment and mitigation,
infrastructure construction/reconstruction, etc.
This rezoning is consistent with these Comprehensive Plan neighborhood policies.
Land Use Plan:
The petition area is not designated for any specific use by the Land Use Plan.
Plan Implementation/Other Plans:
According to the West Washington -Chapin Development Plan (1991), this area is
designated for Single Family Residential.
Residential Area Policy:
2. Current conditions and character:
The area is currently a mix of single family and multifamily houses.
3. Most desirable use:
Because of the existing structure, the most desirable use is for a community oriented use such as a
museum.
4. Conservation of property values:
.;_:.: - .The sura~aunding-property::values. should be conserved with the museum retise..of_~the vaeant~:. - -. ..;
building.
5. Responsible development and growth:
It is responsible development and growth to rezone a vacant nonconforming building that is
unlikely to develop under its current single-family zone.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the petition
be sent to the Common Council with a favorable recommendation.
Analysis: .
It is reasonable to rezone to an office zone a vacant nonconforming building that is unlikely to
develop under its current single-family zone. The rezoning is consistent with the Comprehensive
Plan neighborhood policies to ensure community facilities specifically in areas that cannot be
revitalized by private market activities.
Board of Public Works
#2362-06
Page 2 of 2
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APC # 2362-06