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HomeMy WebLinkAbout10050-10 Annexation- 54700 Block Burdette St. #4 Stadium Pl Developers, Jean Johnson Revocable TrustORDINANCE No. ~~~~ Passed by the Common Council of the Ciry of South Bend, Indiana November 8, Attest: Attest: Presented by me to the Mayor of the Ciry of Sont/a Bend, Indiana November 9, 20 10 City Clerk ~esident of Common Council /' City Clerk Approved and signed by me November 9, 20 10 20 10 REVISED 9-22-10 ORDINANCE NO . ~ ~ ~ ~ d - ~~ 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 CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON-TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, AND GLENN & KAYE BLOSSOM (PETITIONERS) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 1.04+J- acres located in Clay 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 the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. 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: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140.00± FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00± FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.70± FEET MORE OR LESS; THENCE WEST 60.00± FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.401 FEET MORE OR LESS; THENCE EAST 60.00± FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.471 FEET MORE OF LESS; THENCE WEST 356.00± FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 2 PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT- OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 194.70 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH 194.70 FEET MORE OR LESS; THENCE EAST 296.00 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 2.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 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 I 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 above described real estate in Parcels I ~ II, with the exception of all adjacent rights-of-way, is hereby established as PUD - Planned Unit Development District, in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal p lication. Member of the Common Council Att st: Cit Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~-~ Day of ~~A,t~ ~-~,~ 2 C^{, ,O at [,O ~ `f J-" O'clock ~C, _. M. - ~~ 'ty Clerks ~ 3 Approved and sued by me on the 2 ~ /l~ , atVO' clock ~.M. s ~~- Day of ~pZIG>t~l e c ~ /-- Mayor, City o outh Bend, Indiana ~ _~ a 1st READING ~~ a_S S w~S~-~,-3~' 4~ PUBLIC HEARING ~cJ-l-S' 3 rd READING ll-g,L~~ S~t~,~~ NOT APPROVER REFERRED (~_ I~ ~ P,~~"~ ~ PASSED ~ ~ g ~~ ~~ S"c~,~S~~~s Fil^d in Clerk'e C3ffice SEP 2 ~ 201 JONtJ V005DE CITY CLEfiK, S0. EE~0, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 47-10 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 CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, ROBERT A. HOWLAND, JR. AND GLENN & KAYE BLOSSOM (PETITIONERS), 54700 BLOCK OF BURDETTE STREET, 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 as substituted. Ann Puzzello Chairperson, Committee of the Whole LEGAL DESCRIPTIONS PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140.00± FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.70f FEET MORE OR LESS; THENCE WEST 60.001 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.40f FEET MORE OR LESS; THENCE EAST 60.001 FEET MORE OR LESS TO THEE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.471 FEET MORE OF LESS; THENCE WEST 356.001 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT- OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANESS STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 119.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT-OF-WAY LINE, 194.70 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH 194.70 FEET MORE OR LESS; THENCE EAST 296.00 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST RIGHT-OF-WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 2.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SEP 2 4 2010 ~ar,ll voaRaF CITY CLE;i'S, Eu. &E't~, IN. PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE 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 the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X a. one-hundred percent (100) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51$) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy-five (75~) of the total assessed value of the land for property tax purposes. 4). The properties sought to be annexed and rezoned is located at: 54703 Willis Avenue, South Bend, Indiana 46637 54719 Willis Avenue, South Bend, Indiana 46637 1855 Vaness Street, South Bend, Indiana 46637 5). That the name and address of the property owner(s) of the petition site are: Jean C. Johnson-Trustee of the Jean C. Johnson Revocable Trust 54703 Willis Avenue South Bend, Indiana 46637 Tax Key Nos. 02-1106-5384.01 (574) 272-5359 Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902 (765) 429-4044. Tax Key Nos. 24-1106-5383, Tax Key Nos. 24-1106-5389.01 Tax Key Nos. 24-1106-5389 Tax Key Nos. 24-1106-5393.02 Tax Key Nos. 24-1106-5393.01 Tax Key Nos. 24-1106-539 Tax Key Nos. 24-1106-5395 Glenn & Kaye Blossom 42 Welsh Road Essex Fells, NJ 07021 Tax Key Nos. 02-1106-5384 (718) 984-6838 2 6). That the name and address of the contingent purchaser(s), if applicable, is: Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902 (765) 429-4044. 7). Parcel I, the property to be annexed is 1.04+/- acres in size and currently has the following use(s) on it: Single-family homes. Population (3). Parcel II, the property to be rezoned 2.71+/- acres in size and is presently in the City and contains Three (3) three story Buildings previously approved for student housing. 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build-out year - 2012) From: R - Single Family District (County Zoning) To: PUD - Planned Unit Development District Parcel II.: (Existing Buildings) From: PUD - Planned Unit Development District To: PUD - Planned Unit Development District for the following uses: Residential Planned Unit Development as allowed under the PUD - Planned Unit Development District Zoning classification. 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit nAn. 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 2a. 17 Copies of site plan. 3. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b). By signing this petition, I/We and any contingent purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zonin classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 3 10) . The s5tgnature(s:) of ail pzoperty awnex(s) r or Attorney for allproparty owner{s), it}. t~J.lQage of anew roadway (proposed} within the 'petition is 0.05 Miles. This v~ileage will orgy 3nclucle the area of Willis Avenue. annexed 'arai.th this petito ' Sigzied;; ~ ` ~ . tom ~rosq~r for.. Stadium Place Developers, LTJC 822 Main Street Lafagette, Inc~ane A7902 (765') 4251-4044, can C. John§+n Trustee.' Robert A. Howland, Jr. of the ti7ean ohnsan 5Q739 Willis Avenue Revocable Tru+ South Bend, Indiana 46537 54703 Willis Avenue SatYth Bend, Indiana 46637 {No Phone No.) (!.5'74) 272-5359 len -Sloss Kays Bl"' sam 2 Welsh Road 42 Welsh Road Essex Fells, NJ 07021. Essex Fells, NJ, 07021 ( `t't3 -1~' 7' looSo b~ q7 3 ` ~~5 ~'ToOSco ,/~ 12). Name, Address &.Phona Number of Contact Person/Prepares: i'k' Ranch, Harney & Associates, Znc. G/6 Michael Ranch 1.643 Commerce Drive South Bend, Indiana 46628 (:574) 234-4003. File in Cler~'~ C~~iice SEP 2 4 2010 JO~it~ VGORDE CITY CLEI~i!i, S0. isE~dD, IN. Stadium Place developers, LLC. 822 Main Street Lafayette, IN 47902 September 2, 2010 To Whom It May Concern, This letter gives Thomas L. Troeger full authority and authorization to represent Stadium Place Developers, LLC in the signing of all documentation in the matter of the annexation and rezoning of the property at Vaness Street and Willis Street, South Bend, Indiana. ~ ~on~s ~, j ~~.cGr2 Printed Signed (/ -! 2 l~ Date ~~~ar~ Notarized by ~ ~~ , residing in ~~U-~U County, fndiana this Z~~ day of ~,~~~,-~,t~-e.C_, , 2010. ~lanr~~ ~. ~~, ~~ccn Printed ' v ~. Signed /jY/Z Q / ~~ ~,~ -. Is°~'';'a tip ~.f:~: ~a ~ ~~i101~ SEP 2 4 2010 JGF1ld v©unD~ CITY CL~r f;, S!J. f3EPgD, IPl. Property Owners Within 300 Feet Willis Street Townhomes LLC 19468 Blue Oak Ct Noblesville, IN. 46060 Tax Key # 002 1106 5380.01 Stadium Place Dev LLC 822 Main St Lafayette, IN. 47902 Tax Key # 002 1106 5383 Glenn & Kaye Blossom 42 Welsh Road Essex Fells, NJ. 07021 Tax Key # 002 1106 5384 Stadium Place Dev Inc 822 Main St Lafayette, I N. 47902 Tax Key # 002 1106 538901 Salvation Army 510 S Main St South Bend, IN. 46601 Tax Key # 024 1106 539710 Prime Notre Dame Student Housing LLC 333 Skokie BIvd.Suite 113 Northbrook, IL. 60062 TaX KPH # n~a ~ nn~ n~F~ Stadium Place Developers LLC 822 Main St Lafayette, IN. 47902 Tax Key # 002 1106 539301 Stadium Place Developers LLC 822 Main St Lafayette, I N. 47902 Tax Key # 002 1 106 5389 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5392 Stadium Village Homes LLC 1212 Walnut South Bend, IN. 46619 Tax Key # 002 1106 5388 Robert A Howland Jr 54739 Willis South Bend, IN. 46637 Tax Key # 002 1106 5390 Campus Shoppes LLC 22700 Crenshaw Blvd Suite 123 Torrance, CA. 90505 Tax key # 024 1003 056601 Stadium Place Developers LLC 822 Main Lafayette, IN. 47902 Tax Key # 002 1106 5395 Stadium Place Developers LLC 822 Main St Lafayette, IN. 47902 Tax Key # 002 1106 539302 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 539201 Thomas Chapleau 472 Capricorn Street Brea,CA. 92821 Tax Key # 002 1106 5387 Stadium Village Homes LLC 1212 Walnut South Bend, IN. 46619 Tax Key # 002 1106 538101 Zolman Tire Inc. 18255 Vaness St South Bend, IN. 46637 Tax Key # 002 1106 539101 Campus Shoppes LLC 22700 Crenshaw Blvd. Ste. 123 Torrance, CA. 90505 Tax Key # 024 1003 055603 Stadium Place Developers LLC 822 S Main Lafayette, IN. 47902 Tax Key # 002 1106 5394 University of Notre Dame Du Lac 910 Flanner Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5393 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 539202 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5386 University of Notre Dame 824 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5381 Adam & Jozefa Zdanowski Robert A Johnson Jr./Jean Rinehart University of Notre Dame /Angel 9321 Laurence St 54666 Ivy Rd Miller Allen Park, MI. 48101 South Bend, IN. 46637 824 Grace Hall Tax Key # 002 1106 5377 Tax Key # 002 1106 5376 Notre Dame, IN. 46556 TaX KPH # nro ~ Ana ~~7~n~ Prime Notre Dame Student Housing Three Little Birds LLC Willie & Pamela Harris LLC C/O Brent Inabnit 54693 Burdette St 333 Skokie BIvd.Ste 113 PO Box 300 South Bend, !N. 46637 Northbrook, IL. 60062 South Bend, IN. 46624 Tax Key # 002 1106 5372 Tax KPV # n74 11 ~R .ri~A717 Tax KPV # nn~ 11(18 .r,RR~n~ Connie L Haley University of Notre Dame Du Lac Jeffrey & Maureen O'Brien Kohler 54673 Burdette 836 Grace Hall 476 W Prospect South Bend, IN. 46637 Notre Dame, IN. 46556 North Wales, PA. 19454 Tax Key # 002 1106 5371 Tax Key # 002 1106 5382 Tax Key # 002 1106 536203 Irish Crossings Development LLC Mad Family Enterprises,LLC John C Roy & Lance Miller P.O.Box 248 500 University Blvd. 6399 Delgado Lane Lafayette, IN. 47902 Suite 215 Mira Loma, CA. 91752 Tax Key # 002 1106 5362 Jupiter, FL. 33458 Tax Key # 024 1106 5388.04 Tax KPV # (174 11 nR Fi~RR (1.ri Irish Crossings Development LLC Jean Johnson Revocable Trust Kevin &Kristie Sandor P.O.Box 248 54703 Willis Street 52266 Lookout Pointe Cr Lafayette, IN. 47902 South Bend, IN. 46637 Granger, IN. 46530 Tax Key # 002 1106 5379 Tax Key # 002 1106 538401 Tax Key # 002 1106 5368 Kevin &Kristie Sandor Prime Notre Dame Student Housing Salvation Army 52266 Lookout Pointe Cr LLC 510 S Main Granger, IN. 46530 333 Skokie BIvd.Suite 113 South Bend, IN. 46601 Tax Key # 002 1106 5375 Northbrook, IL. 60062 Tax Key # 024 1106 539714 Tax KPV # ~~4 11 nR .ri~g71 ~ Stone Manor Investment Corp Exton Irish LLC John & Mary Jo McDermott 2808 Tarflower Way 304 Green Circle 4 Coddington Lane Naples, Florida 34105 Exton,PA. 19341 Califon, NJ. 07830 Tax Key # 002 1106 536201 Tax Key # 002 1106 536204 Tax Key # 002 1106 536205 Ouyang Wei Richard 8~ Janice Ann Ruopp Donald Fischer 8~ Barry Nora 4111 Amanda Way 433 Farrar Dr 1026 Highmont Rd South Bend, IN. 46628 Cape Girardeau, MO. 63701 Pittsburgh, PA. 15232 Tax Key # 024 1003 0566.02 Tax Key # 002 1106 536206 Tax Key # 002 1106 536207 Jan & William Collins Willie & Pamela Harris Ivy Court Inn & Suites LLC 416 Verbena Ct 54693 Burdette St 1404 Ivy Road Naperville, IL. 60565 South Bend, IN. 46637 South Bend, IN. 46637 Tax Key # 002 1106 536208 Tax Key # 002 1106 5372.02 Tax Key # 024 1008 0668 Jack & Nylce P Myers Joseph & Audrey A Lombardi Willis Street Townhomes LLC 1218 West Franklin St 14 Marion Lane 19468 Blue Oak Ct Richmond, VA. 23220 Scotch Plains, NJ. 07076 Noblesville, IN. 46060 Tax Key # 024 1106 5388.02 Tax Key # 024 1106 5388.03 Tax Key # 002 1106 5380.09 Willis Street Townhomes LLC Willis Street Townhomes LLC Willis Street Townhomes LLC 19468 Blue Oak Ct 19468 Blue Oak Ct 19468 Blue Oak Ct Noblesville, IN. 46060 Noblesville, IN. 46060 Noblesville, IN. 46060 Tax Key # 002 1106 5380.02 Tax Key # 002 1106 5380.03 Tax Key # 002 1106 5380.04 Michael & Donna Venturini Wexford Place Townhomes Owners Robert & Kelly Smith 2446 Londonberry BI 19468 Blu Oak Ct 1744 Willis Ave Carmel, IN. 46032 Noblesville, IN. 46060 South Bend, IN. 46604 Tax Key # 002 1106 536218 Tax Key # 024 1106 538009 Tax Key # 024 1106 538008 Willis Street LLC 359 Martindale Camp Hill, PA. 17011 Tax Key # 024 1106 538007 John & Crystal Dalrymple 1411 Oak St Niles, MI. 49120 Tax Key # 024 1106 538006 CJ Holdings LLC PO Box 1312 Seattle, WA. 98062 Tax Key # 024 1106 5380.05 Timothy & Marianne Brady Clare Brady 536 Webster Forest Saint Louis, M0.63119 Tax KPV # f1~4 11 f)R .r,~R~(l4 Project Romar LLC 7008 Ada Dr SE Ada, M1.49301 Tax Key # 024 1106 538001 Willis Street Townhomes LLC 19468 Blue Oak Ct Noblesville, IN. 46060 Tax Key # 002 1106 5380.08 Willis Street Townhomes LLC 19468 Blue Oak Ct Noblesville, IN. 46060 Tax Key # 002 1106 5380.05 Willis Street Townhomes LLC 19468 Blue Oak Ct Noblesville, IN. 46060 Tax Key # 002 1106 5380.06 Jones Family Trust 5095 Hunter Valley Lane West Lake, CA. 91362 Tax Key # 024 1106 538002 Willis Street Townhomes LLC 19468 Blue Oak Ct Noblesville, IN. 46060 Tax Key # 002 1106 5380.07 File In ~~~~''~'~ ~~rC~ SEP 2 4 2010 JO~;IV Vfl0Ii0'c CITY CLE~iK, S0. "oE~![~, -N. ANNEXATION DIAGRAM ~ ~_~ __ ~------- I R LINE ~ ~ i R LINE c/>r• soeosrrs srx~r eo' er- ~ f j ~ i f ~~ f I ~ I f '~' ~ - .~; h 2 e pb O ~I el ~I $I ~.~, `~j~ it L_-_ C/L REVISED 9/22/10 -~~~~ 0 100' ®_ SCALE 1.100 DRIIC QN/t@N dt A~OC ~i._ IlG Land Surveyors Professional Engineers Landscape Architects• Land Planners Olfice: (57~)23I-x007 / (800)59-~00] Por. (370231-N 19 I6a3 Commerce b~.e Swth Bend, IN x6628 I ; +,~ I ! {*. i NO TH ~ c~ ~ 14 .OO~t f o~ 1:' P.O.B. .................. ~,~~y~ m x(1.04 ti \\\\ h H l: T x. U ~~ rn id O O H• }) 4 to O H- 11II123 ~YENVE 60' I 14.70't SEP 2 4 2010 cm ci k~ , v,o ~J f:~. Iv. 2 ANNEXATION DIAGRAM PARCEL I. (ANNEXATION) THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF ^VANESS PLAT° AS RECORDED IN PLAT BOOK # 11 ON PAGE t~ 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140.001 FEET MORE OR LESS ALONG THE WEST LINE OF SAID l0T 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.701 FEET MORE OR LESS; THENCE WEST 60.001 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.401 FEET MORE OR LESS; THENCE EAST 60.001 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.471 FEET MORE OF LESS; THENCE WEST 356.001 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. REVISED 9/22/10 Danc arner dt ~soc_tes, Inc Land Surveyors Professional Engineers Landscape Architects• Land Planners Oflice: (57x)234-4003 / (B00)59a-a00J • for (S7a)23a-4119 16{7 Commerce Drive SautN BenO, IN x6628 i, SEP 2 4 2010 J~~p4C =~.c ~~~ 2 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/areaplan Fax 574 235-9813 September 22, 2010 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of E. Leroy & Patricia Yoder to zone from OB Office Buffer District (County) to OB Office Buffer District (South Bend), property located at 17904 State Road 23, City of South Bend - APC# 2565-10 Dear Council Members: I hereby Certify that the above referenced ordinance of E. Leroy & Patricia Yoder was legally advertised on Thursday, September 9, 2010 and that the Area Plan Commission at its public hearing on Tuesday, September 21, 2010 took the following action: Upon a motion by John DeLee, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of E. Leroy & Patricia Yoder to zone from OB Office Buffer District (County) to OB Office Buffer District (South Bend), property located at 17904 State Road 23, City of South Bend is sent to the Common Council with a favorable recommendation. The conversion of a vacant office structure to a personal service business is compatible with the mixed land uses within the area. It provides a transition zone between the businesses to the southwest and the offices to the northeast, while establishing a buffer zone protecting the southern residential neighborhood. The surrounding property values should be conserved with the rezoning. 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, Gv ~~~ J ~~~~ B ornt Y JWB jsc Attachment CC: E. Leroy & Patricia Yoder Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2565-10 Owner: E. Leroy & Patricia Yoder Location: 17904 State Road 23 Jurisdiction: City of South Bend Requested Action: The petitioner is requesting an annexation and zone change from OB OfficeBuffer District (County) to OB Office Buffer District (City of South Bend) to use an existing structure for a massage therapy business. Land Uses and Zoning: On site: On site is an existing office structure zoned OB Office /Buffer District (County). North: Across State Road 23 to the northwest are two buildings each with one store front zoned B Business District, and a financial services office zoned C Commercial; to the northeast is asingle-family house zoned RSingle-Family Residential District, and a professional office zoned OB OfficeBuffer District. East: To the east is a professional office zoned OB OfficeBuffer District. South: To the south is asingle-family house zoned R Single Family District. West: To the west across Maple Lane Avenue is a dry cleaning business zoned LB Local Business District in the City of South Bend. District uses and development standards: . The OB Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi-government uses. Since the types of pernutted uses in the OB District aze typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards aze established to assure small scale developments. Site plan description: The site is 6,638 square feet (0.15 acres). There is an existing office structure and garage totaling 1,153 square feet covering 17% of the site. Hazd surfaces, including a two space parking area, stoops, and sidewalks, cover 14% of the site. The remaining 69% of the site is open space and landscaped azeas. There is an existing driveway near the south property line on Maple Lane Avenue which provides access to a one stall garage. The driveway and garage provide a total of 3 parking spaces. E. Leroy & Patricia Yoder #2565-10 Page 1 of 3 Zoning and Land use history & trends: On November 13, 2002, the County Council rezoned this site from R Single Family District to OB Office Buffer District for use as an office. Prior to this rezoning, the single-family house located on the site was utilized as a rental property. Over the last ten years, two other properties along State Road 23 lying between Maple Lane Avenue and Northern Avenue have been rezoned from the R Single Family District to the OB Office Buffer District. Traffic and transportation considerations: State Road 23 is a four-lane road with a center two-way left turn lane. Maple Lane Avenue is a two-lane road. Utilities: The site will continue to utilize an existing on-site septic system and will connect to municipal water. Additional information: (Agency comments) The Building Department commented that additional parking screening will be required along the south property line. A variance has been requested to allow for the existing screening. The County Health Department had the following comments: 1.) The applicant is connecting the property to municipal water; and 2.) The property is served by an on-site septic system and the Health Department has no information to ..indicate the system is inadequate. Municipal sewer service is not available to the property. The County Surveyor and Division of Engineering had no comments. Variances have been submitted to the Area Board of Zoning Appeals (ABZA) for reduced setbacks for all the existing structures and parking areas and from the required perimeter landscaping and parking screening to the existing landscaping and screening. A special exception has also been submitted to the ABZA to allow for the proposed use. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Comprehensive Plan for South Bend and St. Joseph County Indiana, April 2002 Goal 2, Objective C: Develop quality business areas to meet the retail and service needs of the planning area. The rezoning is consistent with this objective. E. Leroy & Patricia Yoder #2565-10 Page 2 of 3 City of South Bend - Cit~Plan, November 2006 LU 2.2. Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The rezoning is consistent with this policy. Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use map identifies this area as mixed use. The rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: The site is currently an unoccupied office building. The character of the area is a mixture of business, office and residential land uses. 3. Most desirable use: The most desirable land use is low-intensity office, service, orsingle-family residential. 4. Conservation of property values: The surrounding property values should not be affected by the approval of this rezoning. 5. Responsible development and growth: It is responsible development and growth to allow a personal service business to be located along a major thoroughfare. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The conversion of a vacant office structure to a personal service business is compatible with the mixed land uses within the area. It provides a transition zone between the businesses to the southwest and the offices to the northeast, while establishing a buffer zone protecting the southern residential neighborhood. The surrounding property values should be conserved with fire rezoning. E. Leroy & Patricia Yoder #2565-10 Page 3 of 3