HomeMy WebLinkAbout9723-06 Annexation - 61362 Miami - District 5ORDINANCE No.
9723-06
Passed by the Common Council of the City of South Bend, Indiana
December 11,
Attest:
Attest:
20 06
Presented by me to the Mayor of the City of South Bend, Indiana
December 12,
20
06
City Clerk
President of Common Council
City Clerk
Approved and signed by me December 13 20 06
Mayer
ORDINANCE NO. I ~ Z 3
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN CENTRE TOWNSHIl', CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 5
Name of Petition: Southfield Lake
Common Address: 61362 Miami Road
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 55 acres located in
Centre Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land
in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this
territory to the City of South Bend, Indiana, and to establish a zoning district for this territory.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION I. That the following described real estate situated in St. Joseph County, Indiana,
being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the
present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and
brought within the City of South Bend:
PART OF THE NORTHWEST FRACTIONAL QUARTER OF FRACTIONAL SECTION 6,
TOWNSHIP 36 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST FRACTIONAL
QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 36 NORTH, RANGE 3, EAST,
CENTRE TOWNSHIP, ST. JOSEPH COUNTY ,INDIANA; THENCE NORTH 00°-17'-48"
WEST ON THE WEST LINE OF SAID NORTHWEST FRACTIONAL QUARTER, A
DISTANCE, OF 701.07 (701.00) RECORD) FEET TO THE POINT OF BEGINNING;
THENCE NORTH 89°-51'-18" WEST, A DISTANCE OF 20.00 FEET TO THE WESTERLY
RIGHT OF WAY LINE OF MIAMI HIGHWAY; THENCE NORTH 00°-17'-48" WEST ON
SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 236.93 FEET; THENCE
NORTH 88°-11'-48" WEST, A DISTANCE OF 20.01 FEET TO THE SOUTHEAST CORNER
OF M. L. McCRACKEN'S ORCHARD HEIGHTS ADDITION, SECTION 1 AND THE
WESTERLY RIGHT OF WAY LINE OF MIAMI HIGHWAY, THENCE NORTH 00°-17'-48"
WEST ON THE EAST LINE OF M. L. McCRACKEN'S ORCHARD HEIGHTS ADDITION,
SECTION 1 AND THE WESTERLY RIGHT OF WAY LINE OF MIAMI HIGHWAY, A
DISTANCE OF 98.97 FEET; THENCE SOUTH 89°-49'-32" EAST, A DISTANCE OF
2,663.84 FEET TO THE EAST LINE OF SAID NORTHWEST FRACTIONAL QUARTER;
THENCE SOUTH 00°-36'-12" WEST ON SAID EAST LINE, A DISTANCE OF 1041.85
(1035.20 RECORD) FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST
FRACTIONAL QUARTER, OF SAID FRACTIONAL 6; THENCE NORTH 89°-43'-50"
WEST ON THE SOUTH LINE OF SAID NORTHWEST FRACTIONAL QUARTER, A
DISTANCE OF 2171.91 (2172.30 RECORD) FEET; THENCE NORTH 00°-17'-48" WEST, A
DISTANCE OF 198.00 (198.00 RECORD) FEET; THENCE NORTH 89°-46'-11"EAST, A
DISTANCE OF 16.93 FEET; THENCE NORTH 00°-17'-48" WEST, A DISTANCE OF 503.90
FEET; THENCE NORTH 89°-51'-18" WEST, A DISTANCE OF 452.52 FEET TO THE WEST
LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID FRACTIONAL
SECTION 6 AND THE POINT OF BEGINNING.
SUBJECT TO LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
THE AREA OF THE DESCRIBED TRACT IS 55.418 ACRES, MORE OR LESS.
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby
declared to be extended so as to include the real estate of the above described parcel as a part of
the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495-04, as 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, with the exception of
all adjacent rights-of--way, in the City of South Bend, St. Joseph County, State of Indiana be and
the same is hereby established as "Planned Unit Development (PUD)" provided, however, that
the required, established, and stated procedures for review of such zoning classification by the
Area Plan Commission have been fully satisfied.
PART OF THE NORTHWEST FRACTIONAL QUARTER OF FRACTIONAL SECTION 6,
TOWNSHIP 36 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST FRACTIONAL
QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 36 NORTH, RANGE 3 EAST,
CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 00°-17'-48"
WEST ON THE WEST LINE OF SAID NORTHWEST FRACTIONAL QUARTER, A
DISTANCE OF 738.46 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 00°-17'-48" WEST ON SAID WEST LINE, A DISTANCE OF 299.46 FEET;
THENCE SOUTH 89°-49'-32" EAST, A DISTANCE OF 1548.69 FEET; THENCE SOUTH
00°-32'-41" EAST, A DISTANCE OF 325.05 FEET; THENCE NORTH 76°-11'-07" WEST, A
DISTANCE OF 75.30 FEET; THENCE SOUTHWESTERLY ON A CURVE TO THE LEFT
HAVING A RADIUS OF 380.00 FEET, A DELTA OF 57°'S7'-16", A CHORD DISTANCE
OF 368.19 FEET BEARING SOUTH 74°-50'-15" WEST, AN ARC DISTANCE OF 384.37
FEET; THENCE SOUTH 45°-51'-37" WEST, A DISTANCE OF 52.66 FEET; THENCE
NORTH 44°-08'-23" WEST, A DISTANCE OF 123.25 FEET; THENCE NORTHWESTERLY
ON A CURVE TO THE LEFT HAVING A RADIUS OF 180.00 FEET, A DELTA OF 45°-42'-
55". A CHORD DISTANCE OF 139.84 FEET BEARING NORTH 66°-59'-51" WEST, AN
ARC DISTANCE OF 143.62 FEET; THENCE NORTH 89°-51'-18" WEST, A DISTANCE OF
869.39 FEET TO THE POINT OF BEGINNING.
SUBJECT TO LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
THE AREA OF THE DESCRIBE TRACT IS 11.212 ACRES, MORE OR LESS.
SECTION IV. That the above described real estate shall be and hereby is assigned to the Fifth
Councilmanic District of the City of South Bend, Indiana.
SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
r ,~
---~-~
MEMBER OF TAI COMMON COUNCIL
~/
Attest:
V orde -City Jerk
Presented by me to the Mayor of the City of South Bend, Indiana on the ~ ~ day of
'~._ _ , 2 O~ , at 3 '. ~ y o'clock. m.
`-~. l ~ ~ ~
John oorde -City Clerk
Approved and signed by me on the ~ day of ~.~[_ , 2~, at
5.'!r~ o'clock m.
~ sf R€ADIt~G ~- I ~-~~
PUBLIC HEARING l L-Z~- BOO
3 rd READING 1'L-( ~-' Ub
N07 APPROVED
REFERRED (~ • ~ - g- L ~~-~~
PASSED ('Z- 1(-aSc,
Fiied In Cleric's Offic®
A[CG - 9 2006
JOHN VOORDE
CiTrCLERK, S0. @END, IN.
n'J. Luec~
City of South Bend, Indiana
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
53-06 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED IN CENTRE TOWNSHIP, CONTIGUOUS
THEREWITH; COUNCILMANIC DISTRICT NO. 5, SOUTHFIELD LAKE,
61362 MIAMI ROAD
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
Chairperson
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
We the undersigned, make application to the Common Council of the City of South Bend, Indiana for the
voluntary annexation of land to the City of South Bend, Indiana, and for zoning of that land in Centre
Township, St. Joseph County, Indiana, and in support of which Petitioners allege and affirm as follows:
1) We are the owners (hereinafter "petitioners") of parcels of land particularly described in
Exhibit "A "and,
2) Petitioners desire that the parcel described in Exhibit "A " be annexed to the City of South
Bend, Indiana, and be granted the zoning designations as herein requested, both by proper
ordinance.
3) That this Petition is signed by one-hundred percent (100%) of the owners of the land in the
property sought to be annexed.
4) The property sought to be annexed is located at 61362 Miami Road.
5) The Property Tax Key Numbers are: O1 - 1010 - 018601, O1 - 1010 - 0187,
O1 - 1010 - 018602 (partial)
6} The names and address of the owners of the petition property are:
LLE Real Estate, an Indiana LLP Sharon L. Lowe
c/o The Troyer Group, Inc. 61396 Miami Rd.
550 Union Street South Bend, IN 46614
Mishawaka, IN 46544
7) The total area of the parcels is approximately fifty-five (55} acres. The property includes one
house, vacant land with a pond, and approximately thirty-five (35) acres used for agriculture.
8) There is currently one (1) person residing on the property.
9) It is desired and •requested that the petition site be rezoned
From: St. Joseph County zoning classification: R -Single Family District
To: City of South Bend zoning classifications:
PUD -Planned Unit Development, Exhibit "I3 "
SF1 - Single Family Residential, remainder.
for the following uses:
PUD -Single Family and Duplex Residences, and Neighborhood Retail/Office
Center (Exhibit "13 ");
SF1 -Single Family Residences (remainder)
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
(cont.)
10) It is anticipated that the project will be completed in seven (7) phases from 2007 to 2012.
11) The following information has been submitted with the Petition:
1. A legal description of the property to be annexed entitled Exhibit `A "; and a legal
description of the PUD District parcel entitled Exhibit "B ".
2. Exhibit "C ", PUD Justification Statement.
3. A list of names and addresses of all property owners, along with the tax key numbers,
for all the properties within 300 feet of the petitior. property.
4. Addressed, stamped envelopes for all property owners within 300 feet of the petition
property.
S. Seventeen copies of the "Site Plan and Preliminary PUD Plan" (Sheets 1 and 2) which
includes The preliminary site development plan of the area to be annexed, and PUD
de elopment standards.
Signed: ~~,
Loren J. Roth Partner, LLE Real Estate, an Indiana LLP
Address: LLE Real Estate, an Indiana LLP Phone Number: (574) 259-9976
c/o The Troyer Group, Inc.
550 Union Street
Mishawaka, IN 46544
Signed: ~ • ~"`~~
Sharon L. Lowe
Address: 61396 Miami Road Phone Number: (574) 291-2856
South Bend, IN 46614
Name, Address & Phone Number of Contact Person/Preparer:
The Troyer Group, Inc.
Attn: C.J. Cunningham
550 Union Street
Mishawaka, IN 46544
(574) 259-9976
cjc@troyergroup.com
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EXHIBIT "A"
PART OF THE NORTHWEST FRACTIONAL QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 36
NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF
FRACTIONAL SECTION 6, TOWNSHIP 36 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA; THENCE NORTH 00'-17'-48" WEST ON THE WEST LINE OF
SAID NORTHWEST FRACTIONAL QUARTER, A DISTANCE OF 701.07 (701.00 RECORD) FEET TO
THE POINT OF BEGINNING; THENCE NORTH 89'-51'-18" WEST, A DISTANCE OF 20.00 FEET
TO THE WESTERLY RIGHT OF WAY LINE OF MIAMI HIGHWAY; THENCE NORTH 00'-17'-48"
WEST ON SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 236.93 FEET; THENCE NORTH
88'-11'-48" WEST, A DISTANCE OF 20.01 FEET TO THE SOUTHEAST CORNER OF M. L.
McCRACKEN'S ORCHARD HEIGHTS ADDITION, SECTION 1 AND THE WESTERLY RIGHT OF WAY
LINE OF MIAMI HIGHWAY; THENCE NORTH 00'-17'-48" WEST ON THE EAST LINE OF M. L.
McCRACKEN'S ORCHARD HEIGHTS ADDITION, SECTION 1 AND THE WESTERLY RIGHT OF WAY
LINE OF MIAMI HIGHWAY, A DISTANCE OF 98.97 FEET; THENCE SOUTH 89'-49'-32" EAST, A
DISTANCE OF 2,663.84 FEET TO THE EAST LINE OF SAID NORTHWEST FRACTIONAL QUARTER;
THENCE SOUTH 00'-36'-12" WEST ON SAID EAST LINE, A DISTANCE OF 1041.85 (1035.20
RECORD) FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF
SAID FRACTIONAL SECTION 6; THENCE NORTH 89'-43'-50" WEST ON THE SOUTH LINE OF
SAID NORTHWEST FRACTIONAL QUARTER, A DISTANCE OF 2171.91 (2172.30 RECORD) FEET;
THENCE NORTH 00'-17'-48" WEST, A DISTANCE OF 198.00 (198.00 RECORD) FEET; THENCE
NORTH 89'-46'-11" EAST, A DISTANCE OF 16.93 FEET; THENCE NORTH 00'-17'-48" WEST,
A DISTANCE OF 503.90 FEET; THENCE NORTH 89'-51'-18" WEST, A DISTANCE OF 452.52
FEET TO THE WEST LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID FRACTIONAL
SECTION 6 AND THE POINT OF BEGINNING.
SUBJECT TO LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
THE AREA OF THE DESCRIBED TRACT (S 55.418 ACRES, MORE OR LESS.
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AUG - ~ 2006
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EXHIBIT "B"
PART OF THE NORTHWEST FRACTIONAL QUARTER OF FRACTIONAL SECTION 6, TOWNSHIP 36
NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF
FRACTIONAL SECTION 6, TOWNSHIP 36 NORTH, RANGE 3 EAST, CENTRE TOWNSHIP, ST.
JOSEPH COUNTY, INDIANA; THENCE NORTH 00'-17'-48" WEST ON THE WEST LINE OF
SAID NORTHWEST FRACTIONAL QUARTER, A DISTANCE OF 738.46 FEET TG THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 00'-17'-48" WEST ON SAID WEST LINE, A
DISTANCE OF 299.46 FEET; THENCE SOUTH 89'-49 -32 EAST, A DISTANCE OF 1548.69
FEET; THENCE SOUTH 00'-32'-41" EAST, A DISTANCE OF 325.05 FEET; THENCE NORTH
,~
76'-11 -07 WEST, A DISTANCE OF 75.30 FEET; THENCE SOUTHWESTERLY ON A CURVE
TO THE LEFT HAVING A RADIUS OF 380.00 FEET, A DELTA OF 57'-57'-16", A CHORD
DISTANCE OF 368.19 FEET BEARING SOUTH 74'-50'-15" WEST, AN ARC DISTANCE OF
..
384.37 FEET; THENCE SOUTH 45'-51 -37 WEST, A DISTANCE OF 52.66 FEET; THENCE
NORTH 44'-OS'-23" WEST, A DISTANCE OF 123.25 FEET; THENCE NORTHWESTERLY ON A
CURVE TO THE LEFT HAVING A RADIUS OF 180.00 FEET, A DELTA OF 45'-42'-55", A
CHORD DISTANCE OF 139.84 FEET BEARING NORTH 66'-59'-51 " WEST, AN ARC DISTANCE
OF 143.62 FEET; THENCE NORTH 89'-51'-18" WEST, A DISTANCE OF 869.39 FEET TO THE
POINT OF BEGINNING.
SUBJECT TO LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
THE AREA OF THE DESCRIBED TRACT IS 11.212 ACRES, MORE OR LESS.
AUG - 9 2006
C(T!' GLE€;i{~ rsU. c SID, Isl.
.. ..
Exhibit C
PUD Justification Statement
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ow oes e propose is ri mee i g .~~....~ ~ ~..
section?
Why is the PUD District required?
H d th d PUD d' t 'ct t the 'ntent of the zonin ordi
Intent Statement:
The Planned Unit Development (PUD) District is designed and intended to:
encourage creativity and innovation in the design of developments; provide for
more efficient arse 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 encoarrages imaginative uses of open space, promotes high
standards in design and construction, and furthers the purposes of the
Comprehensive Plan.
The PUD District is not intended for• the development of residential szrbdivisions
or other developments which crre provided for as a matter of right within any
district of this Ordinance
The Southfield Lake Subdivision Planned Unit Development District is a necessary
component of Southfield Lake and its existing neighbors, Southfield and Southfield
Village. In order to adhere to and build upon the concept of intergenerational living
already employed in Southfield and Southfield Village to the north, the proposed
Southfield Lake PUD will act as a transition between the Southfield Village PUD and
existing facilies and proposed traditional single family lots and homes in Southfield Lake.
The PUD district will allow for a mix of residential, retail, and office uses utilizing higher
standards than those currently in place for traditional zoning classifications.
The residential area is planned with the needs of both `'empty nesters" and the younger
generation in mind. Use of private streets, a reduction in lot size from the SF1 district
requirements, and a reduction in building setbacks from the SF2 district requirements,
allows construction of homes that may use less land and be more easily maintained. The
allowance for alleys will permit driveways and garages in the rear, narrower lots, less
visible garages and bring homes closer to the street, facilitating community interaction.
The residential PUD area will also allow for both individual lot ownership and
condominium ownership with a cluster home plan.
The commercial area of the PUD District will allow residents to perform convenience
shopping in their neighborhood while also providing a location for offices that could
employ local residents. This will encourage walking and can reduce the length of driving
trips. The PUD district ~~~ill restrict acceptable uses to only those that will not disnipt the
neighborhood character and adopt development standards to create an office/retail district
unique from,the traditional strip commercial centers dominated by highly visible parking.
Southfield Lake
Annexation and Concurrent Zoning -All property owners within 300 feet of petition property
Number Name Address Parcel ID
1 LINDENMAN FARMS LP 61051 IRONWOOD ROAD 46614 01-1010-0189
2 HOWARD A. WILLIAMS P O BOX 2286 46680 01-1010-0193
3 FRANCES C & RONALD SCHAFER TRUSTEES 18799 ROOSEVELT RD 46614 01-1010-019102
4 PHYLLIS J TROYER 1442 Deerfield Ct 46614 23-1037-207340
5 CHARLES E LINDENMAN 18500 KERN ROAD 46614 01-1010-018906
6 THOMAS J & KATHLEEN ANN LINDENMAN 18488 KERN RD 46614 01-1010-018905
7 RAYMOND F & CAROL A DERUCKI 18785 DIAMOND POINTE CT 46614 01-1112-3568
8 PHILLIP L & DEBRA L ST CLAIR 18801 DIAMOND POINTE 46614 01-1112-3567
9 KENNETH NMI & VELMA E POLLARD 18815 DIAMOND POINTE CT 46614 01-1112-3566
10 MICHAEL E & DONNA J SUTH 18833 DIAMOND POINTE CT 46614 01-1112-3565
11 LEWIS D & GAIL S KIMBLE 18859 DIAMOND POINTE CT 46614 01-1112-3564
12 LARRY JR & NORENE R NAGY 18881 DIAMOND POINTE CT 46614 01-1112-3563
13 MICHAEL JR & JO ANN L MEDICH 18905 DIAMOND POINT CT 46614 01-1112-3562
14 ATWOOD S & MARY S KIDDER TRUSTEES 18927 DIAMOND POINTE CT 46614 01-1112-3561
15 CHARLES E & SHIRLEY A DAVIDSON 18951 DIAMOND POINTE CT 46614 01-1112-3560
16 HAROLD R AND KATHARINE L BAILEY RET POND DIAMOND POINTE CT 46614 01-1112-3559
17 ROBERT D III & JENNIFER R JONES 18780 DIAMOND POINTE CT 46614 01-1112-3569
18 CHRISTOPHER S & VALERIE R KAPUSTA 18800 DIAMOND POINTE CT 46614 01-1112-3570
19 KEVIN L & LAURA L JOZWIAK 18820 DIAMOND POINTE CT 46614 01-1112-3571
20 LANCE D MALLING 18850 DIAMOND POINTE CT 46614 01-1112-3572
21 RALPH E & MARY BETH KIFOWIT 18870 DIAMOND POINTE CT 46614 01-1112-3573
22 PATRICIA G ALBERT 18890 DIAMOND POINTE CT 46614 01-1112-3574
23 STEPHEN R & CONSTANCE S WILLIAMS 18910 DIAMOND POINTE CT 46614 01-1112-3575
24 EDWARD VOORDE & JANE E VOORDE 18930 DIAMOND POINTE CT 46614 01-1112-3576
25 CAROLYN J & HUSTON MITCHELL 18960 DIAMOND POINTE CT 46614 01-1112-3577
26 MICHAEL W & COLLEEN M WERTENBERGER 61480 MIAMI RD 46614 01-1010-018701
27 SHARON L LOWE 61396 MIAMI RD 46614 01-1010-018602
28 JOHN D & JANET E SCHINI 1434 FOREST VIEW CT 46614 23-1037-3431
29 TONY & LINDA G IVY 1440 FOREST VIEW CT 46614 23-1037-3432
30 KENNETH D & SHARON K LEAMON TRUSTEE 1370 FOREST VIEW CT 46614 23-1037-3433
31 LINDA G GRAINGER 1364 FOREST VIEW CT 46614 23-1037-3434
32 SHARON MUNLIN 1358 FOREST VIEW CT 46614 23-1037-3435
33 REV DORIS L VARDA LIVING TRUST 1352 FOREST VIEW CT 46614 23-1037-3436
34 JACK & VIRGINIA S DRAKE 1345 FOREST VIEW CT 46614 23-1037-3437
35 MARGUERITE MONROE 1337 FOREST VIEW CT 46614 23-1037-3438
36 Theodore and Rebecca A Peterson 1430 FOREST VIEW CT 46614 23-1037-3430
37 ELDON L GERIG 1446 DEERFIELD CT 46614 23-1037-3429
38 RAYFIELD & ELLA YARBER 1423 FOREST VIEW CT 46614 23-1037-3428
39 ROBERT V ~ SANDRA S HALL 6442 DEERFIELD TRAIL 46614 23-1037-3427
40 DENNIS M FINLEY & MARY C FINLEY 1363 FOREST VIEW CT 46614 23-1037-3442
41 ALAN K & PALMA L CAMREN 1316 FOREST VIEW CT 46614 23-1037-3441
42 FRANCES J WARD 1323 FOREST VIEW CT 46614 23-1037-3440
43 LEO & MARYANN SOBIERALSKI 1331 FOREST VIEW CT 46614 23-1037-3439
44 SOUTHFIELD VILLAGE INC 6450 Miami Circle 46614 23-1037-207303
45 KARL NEWBORNE 1951 North Johnson 46628 01-1088-302001
46 & 47 THOMAS & BETTE J HOOF 19025 ORCHARDS HEIGHTS DR 46614 01-1088-3008 &
01-1088-300801
48 TRUSTEE OF THE JOAN E FITT 19050 ORCHARD HEIGHTS DR 46614 01-1088-3020
49 JILL K WHITMER 19047 ORCHARD HEIGHTS DR 46614 01-1088-3009
50 WILLIAM J AND DOROTHY A GORMAN 61199 MIAMI RD 46614 01-1001-001103
51 A L 8 CHARLOTTE CARMAN 61349 MIAMI RD 46614 01-1001-0014
52 RICHARD A WEBER 61369 MIAMI RD 46614 01-1001-001403
54 ROBERT & MARY MORGAN 19070 EDINBURGH 46614 01-1095-3255
53 ~ 55
GWENDOLYN L PHILLIPS
61359 MIAMI RD 46614 01-1082-2761 &
01-1001-001401
56 EVDOKIA A ARNETT REVOCABLE TRUST 61353 MIAMI RD 46614 01-1082-2760
57 LEO W. JR. AND DELORAS M. BLOOM 19089 STRAWBERRY HILL DR 46614 01-1082-2763
58 STEVEN P BOGNAR 19079 STRAWBERRY HILL 46614 01-1082-2762
59 EVA M PIERCE 19050 EDINBURGH DR 46614 01-1095-3247
AUG - 9 2006
Jai€.s v~a~;ae
cl ~ v cLe ~t~, ~~. s;:ta, Ill.
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
www.stjosephcountyindiana.com
Fax 574 235-9813
October 18, 2006
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 LLE Real Estate, an Indiana LLP, and
Sharon L. Lowe to zone from "R" Single Family Residential (County) to "PUD" Planned
Unit Development, property located at 61362 Miami Road, City of South Bend, as tabled -
APC# 2398-06
Dear Council Members:
I hereby Certify that the above referenced ordinance of LLE Real Estate, an Indiana LLP was
legally advertised on Thursday, September 7, 2006 and that the Area Plan Commission at its
public hearing on Tuesday, October 17, 2006 took the following action:
Upon a motion by John DeLee, being seconded by Gary Gilot and unanimously
carried, with Gerry Phipps abstaining, the proposed ordinance and site development
plan of LLE Real Estate, an Indiana LLP, and Sharon L. Lowe to zone from "R"
Single Family Residential (County) to "PUD" Planned Unit Development, property
located at 61362 Miami Road, City of South Bend, as tabled is sent to the Common
Council with no recommendation.
PLEASE NOTE: The PUD as reviewed by the Plan Commission is different from that which was
submitted to the City Council. The plan originally contained an area for retail/office uses as well
as a residential area. Single-family and duplex uses will now apply to the entire area.
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,
hn W. Byo
JWBar
Attachment
CC: LLE Real Estate, an Indiana LLP
Sharon L. Lowe
C. J. Cunningham
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Resort
APC # 2398-06
Owner: LLE Real Estate, an Indiana LLP
Location: 61362 Miami Road
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from "R" Single Family Residential (County) to
"PUD" Planned Unit Development to allow single family and duplex residences. This request is
in conjunction with a petition for annexation. In response to the neighbors' objections, LLE Real
Estate has decided to abandon the small scale retail and offices area and instead ask for only
residential uses.
Land Uses and Zoning:
On site: On site is a house and agricultural used property zoned "R" Residential.
North: To the north is the Southfield Village senior living facility zoned "PUD" Planned
Unit Development and single family houses zoned "SF1" Single Family and Two
Family District.
East: To the east is agricultural used property zoned "R" Residential.
South: To the south is a single family home and agricultural used properly zoned "R"
Residential.
West: To the west across Miami Highway are single-family houses zoned "R"
Residential.
District uses and development standards:
The "PUD" District is intended to encourage creativity and innovations in the design of
developments, provide for more efficient use of land, and to provide for an individual land use
not otherwise specified elsewhere in the Ordinance.
Site plan description:
The site plan divides the PUD area into two developments: Area I Residential and Area II
Residential. Area I Residential shall be no more then 16 dwelling units and Area II Residential
shall be no more then 42 dwelling units. The site plan states that open space in the PUD area will
be no less than 45% of the site.
Traffic and transportation considerations:
Miami Highway has two lanes. Access to the site will be from a new public street along the
southern and eastern edges.
Utilities:
The property will be served by municipal water and sewer.
LLE Real Estate, an Indiana LLP
#2398-06
Page 1 of 1
5 Criteria (per IC 36-7-4-603):
1. Comprehensive Pian:
Land Use Plan:
The Land Use Plan makes no specific recommendation for the area.
2. Current conditions and character:
The rezoning is approximately 12 acres of a 55 acre site being annexed into the City of South
Bend. The remaining portion will be designated "SF1" Single Family and Two Family District
and developed as asingle-family subdivision.
3. Most desirable use:
~ The most desirable use is single-family/ duplex development.
4. Conservation of property values:
The surrounding single-family property values may be unaffected with the rezoning.
5. Responsible development and growth:
It is responsible development and growth to allow residential developments.
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:
The rezoning is an extension of and compatible with the northern "PUD" Planned Unit
Development district. The Southfield development to the north is a mixture of single-family,
duplexes, and medical related uses.
LLE Real Estate, an Indiana LLP
#2398-06
Page 2 of 2
SF1 ~
OB a PUD 1
R ~O
~,; SF1
1 P C~
-- - ~adap
PUD F1
R F1
f G
r ~ ~i' , ~f
// // /
R
R
REZONING FROM: "R" RESIDENTIAL
TO: "PUD" PLANNED UNIT DEVELOPMENT
SOUTH BEND AND ST. JOSEPH COUNTY ZONING
I COUNTY "R" RESIDENTIAL
SOUTH BEND "OB" OFFICE BUFFER
SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT
SOUTH BEND "SF1" SINGLE FAMILY RESIDENTIAL
N
W ~~~ ~~ E
7
.S
CENTRE TOWNSHIP
APC # 2398-06
T inch equals 500 feet
LLE Real Estate, an Indiana LLP
#2398-06
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