HomeMy WebLinkAbout9607-05 Rezoning 3500 Block of the south side of Douglas Road - District 4ORDINANCE No.
JOHN
Passed by the Common Council of the City of South Bend, Indiana
August 8,
Attest:
Attest:
9607-05
20 05
Presented by me to the Mayor of the City of South Bend, Indiana
August 8,
05
20
Ciry Clerk
President of Common Council
City Clerk
JOHN
Approved and signed by me Au~,t~ s t ~ 20 OS
~~~~~~f / ~ Mayor
REV.iSED 7/14/05 `,~
ORDINANCE NO. ~ `CJO~-O~
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED IN THE 3500 BLOCK OF THE SOUTH SIDE OF EAST DOUGLAS ROAD,
SOUTH BEND, INDIANA 46635, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF
SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
THE PROPERTY LOCATED IN THE 3500 BLOCK OF THE SOUTH SIDE OF DOUGLAS ROAD AND IS
PRESENTLY ZONED "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT AND "OB" OFFICE
BUFFER DISTRICT AND CONTAINS VACANT GROUND. THE PROPERTY IS REQUESTED TO BE
REZONED TO THE "CB" COMMUNITY BUSINESS DISTRICT TO ALLOW FOR THE CONSTRUCTION OF
MEDICAL OFFICE BUILDINGS AND RETAIL BUILDINGS.
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:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3
EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF THE PLAT OF "LAFREE'S DOUGLAS
ROAD MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0438848 IN THE RECORDS OF
THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDIANA, THENCE S. 00°-00'-00" W.
ALONG THE WEST LINE OF SAID PLAT, 752.75 FEET MORE OR LESS; THENCE S. 90°-00'-
00" W., 199.43 FEET MORE OR LESS; THENCE N. 00°-00'-00" E., 318.40 FEET MORE OR
LESS; THENCE S. 90°-00'-00" W., 353.87 FEET MORE OR LESS; THENCE N. 00°-00'-00"
E., 434.36 FEET MORE OR-LESS TO THE CENTERLINE OF DOUGLAS ROAD; THENCE N. 90°-
00'-00" E. ALONG SAID CENTERLINE, 553.32 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 6.97 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
BE AND THE SAME HEREBY ESTABLISHED AS "CB" COMMUNITY BUSINESS 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.
J ~n
MEMBER OF THE CO N COUNCIL
2
ATTEST:
.~
CITY CLERK
PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE
c(~ DAY OF ~, ~ ut-~ 2 ~~ , AT 3 ~-SCE O' CLOCK M.
CITY LERK
APPROVED AND SIGNED BY ME ON THE DAY OF ut~Ls~ , 2~_,
AT~O' CLOCK ~.M.
~~~
MAYOR, CITY F O BEND, INDIANA
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NOT APPROVED
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Filed In Cierk'§ Office
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
37-05 A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED IN THE 3500 BLOCK OF THE SOUTH
SIDE OF EAST DOUGLAS ROAD, SOUTH BEND,
INDIANA 46635, COUNCILMANIC DISTRICT N0.4 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 as
substituted and subject to commitments as approved by the Area Plan Commission
which are attached.
Roland Kelly
Chairman
0
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3
EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF THE PLAT OF "LAFREE'S DOUGLAS
ROAD MINOR .SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0438848 IN THE RECORDS OF
THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDIANA, THENCE S. 00°-00'-00" W.
ALONG THE WEST LINE OF SAID PLAT, 752.75 FEET MORE OR LESS; THENCE S. 90°-00'-
00" W., 199.43 FEET MORE OR LESS; THENCE N. 00°-00'-00" E., 318.40 FEET MORE OR
LESS; THENCE S. 90°-00'-00" W., 353.87 FEET MORE OR LESS; THENCE N. 00°-00'-00"
E., 434.36 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD; THENCE N. 90°-
00'-00" E. ALONG SAID CENTERLINE, 553.32 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 6.97 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
Filed In C1erk's office
J U L 1 5 200
JOAN YOORDE
CITY CLERY., sJ. BEND, !N.
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:
3500 BLOCK OF THE SOUTH SIDE OF EA5T DOUGLAS ROAD
SOUTH BEND, INDIANA 46635
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
RICHARD & ANN LAFREE
804 LINCOLNWAY EAST
MISHAWAKA, INDIANA 46544
PHONE NUMBER (574) 256-6638.
3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE:
N/A
4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED:
FROM: "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT & "OB" OFFICE
BUFFER DISTRICT
TO: "CB" COMMUNITY BUSINESS DISTRICT
5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). MEDICAL OFFICES AND RETAIL FACILITIES.
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 FEET OF THE PETITION PROPERTY (F) A LOCATION MAP, IF
AVAILABLE, DRAWN TO SCALE, WHICH INCLUDES STREET NAMES, PRINTED IN $ ~"
x 11" FORMAT.
SIGNED,
RICHARD LA E ANN LAFREE
804 LINCOLNWAY EAST
MISHAWAKA, INDIANA 46544 (574) 256-6638
PETITIONED PREPARED BY: CONTACT PERSON (IF DIFFERENT):
DANCH, HARNER & ASSOCIATES
2422 VIRIDIAN DRIVE, SUITE 201 Filed 111 Click's Off~Ce
SOUTH BEND, INDIANA 46628
PHONE NUMBER (574)-234-4003
JUN - 8 2005
JOHN VOORGE
C('fY CLEflK, S0. BEND, iN.
Property Owners
Within 300 Feet
Annie Ricks Clarence ~ Lila Surges Carl & Ellen Austin
17250 Mceriain 17220 Mcerlain 17200 Mceriain
South Bend, IN. 46635 South Bend, IN. 46635 South Bend, IN. 46635
Tax Key # 002 2023 054802 Tax Key # 002 2023 054803 Tax Key # 002 2023 054804
Richard & Lois Shoupe Henry Yarger -Ruth Anketell Christina Olinger
51181 Kings Crossing 17180 Mceriain 17150 Mcerlain
Granger, IN. 46530 South Bend, IN. 46635 South Bend, IN. 46635
Tax Key # 002 2023 054805 Tax Key # 002 2023 054806 Tax Key # 002 2023 054811
Noel & Ruth Yarger Louis Polman Clarence & Lila Surges
17180 Mcerlain 56854 Eastview 17220 Mceriain
South Bend, IN. 46635 Osceola, IN. 46561 South Bend, IN. 46635
Tax Key # 002 2023 054807 Tax Key # 002 2023 054809 Tax Key # 002 2023 054812
Frank Mulligan Jerry 8~ Margery Macri Ronald & Mary Kay Pecsi
1 Old Trail Road Richard & Ann Lafree 17253 Douglas Road
Englewood, Florida 34223 15575 Victoria Ct N South Bend, IN. 46635
Tax Key # 002 2023 054810 Granger, IN. 46530 Tax Key # 002 2019 041106
Tax KPV # 074 ~0~3 054815
Ronald & Mary Kay Pecsi Paul & Mary Lacluyze Bernard Thomas
17253 Douglas Road 17242 Douglas Road P.O.Box 128
South Bend, IN. 46635 South Bend, IN. 46635 Mishawaka, IN. 46546
Tax Key # 002 2019 041104 Tax Key # 002 2023 0548 Tax Key # 002 2023 054801
Susie Ritchey Mark & Mary Heller John & Kathleen Nagy
17306 E Douglas Rd 17365 Elkins 17345 Elkins
South Bend, IN. 46635 South Bend, IN. 46635 South Bend, IN. 46635
Tax Key # 002 2157 7493 Tax Key # 002 2157 7498 Tax Key # 002 2157 7497
Daniel & James Luczynski Ber Refugio John ~ Kathleen Nagy
59370 Hickory Road 17260 Douglas Road 17345 Elkins St
South Bend, IN. 46614 South Bend, IN. 46635 South Bend, IN. 46635
Tax Key # 002 2157 7494 Tax Key # 002 2157 7495 Tax Key # 002 2157 7496
Shirley Combs & Richard Pullin Gabriella Cole Paulo ~ Cynthia Radomille
5619 Captain John Smith Loop 17340 Mceriain 17336 Mceriain
North Fort Myers, FI. 33917 South Bend, IN. 46635 South Bend, IN. 46635
Tax Key # 002 2157 7500 Tax Key # 002 2151 6961 Tax Key # 002 2151 6960
James Kuehl James Kuehl James 8~ Joyce Kuehl
P.O.Box 928 P.O.Box 928 P.O.Box 928
South Bend, IN. 46624 South Bend, IN. 46624 South Bend, IN. 46624
Tax Key #002 2151 6959 Tax Key # 002 2151 6958 Tax Key # 002 2151 6957
Webb Steely, John Piraccini Frances 8~ Ruth Rupley Shubert Construction
5510 Shaughn Dr 16974 Douglas Road P.O.Box 50 A
Mishawaka, IN. 46545 Mishawaka, IN. 46544 Osceola, IN. 46561
Tax Key # 029 2019 0426 Tax Key # 002 2023 0550 Tax Key # 024 2023 054816
Richard Lafree
804 LincolnWay E
Mishawaka, IN. 46544
Tax Key # 024 2023 054808
Jeny & Marguery Macri
Richard 8~ Ann Lafree
15575 Victorian Ct N
Granger, IN. 48530
Tax Kpv # A~4 7073 (1.54814
Jeny & Marguery Macri
Richard 8~ Ann Lafree
15575 Victorian Ct
Granger, IN. 46530
Tax KPV # 074 ~A~3 (1.54813
Eclipse LLC
2400 Miracle Lane
Mishawaka, IN. 46545
Tax Key # 024 2019 0425
Filed in Cllr!-c's ®ffice
JUN - 8 200
JOIiN VOORDE
CITY CLERK, SD. E3E!!D, IN.
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JUN - 8 2005
JO'riN 1~'OOftDE
CITY CLERK, S0. SEtaD, f*!.
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Vicinity Map 1"= 2,000'
~~ Uanch, F/arner ~ ~1 ssociates, Inc.
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
DANIEL W. AKIN, P.E., L.S.
Honorable Members of the City of
South Bend Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Rezoning Petition for Richard and Ann Lafree for their property
located in the 3500 Block of the South side of Douglas Road
South Bend, Indiana 46635:
Dear Council Members:
June 5, 2005
Our clients are requesting the approval of a Rezoning Petition for their property located
in the 3500 Block of the South side of Douglas Road, South Bend, Indiana 46635. This
requested Rezoning will allow for the construction of Medical Office buildings and Retail
buildings. Our clients believe that this type of development would fit well along this portion
of Douglas Road with the existing mixed uses that are present.
If you have any questions concerning this matter, please feel free to give me a call at 234-
4003.
File No. 050152 "C" Md.
Land Surveyors .Professional Engineers
Landscape Architects ^ Land Planners
~ Q~~iCB
Filed in Clerk §
JUN - g 2005
~pttN VppRDE
CiT`f CLERK, SD. BE11D, IN.
2422 Viridian Drive, Suite 201 South Bend, IN 46628
office 5741234-4003 ^ 800/594-4003 ^ Fax 5741234-4119
208 West Mars Berrien Springs, MI 49103
ofFce 2691471-3010 ^ Fax 269/471-7237
Danch, Harner & Associates
Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Robert W. Sante
Executive Director
John W. Byorni
Assistant Director
Phone 574 235-9571 www.areaplan.org Fax 574 235-9813
July 20, 2005
The Honorable Council of the City of South
Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance and site development plan of Richard and Ann LaFree to zone from "SF 1"
Single Family and Two Family and "OB" Office Buffer to "CB" Community Business, property
located at the 3500 Block of the south side of Douglas Road, City of South Bend - APC# 2322-OS
Dear Council Members:
I hereby Certify that the above referenced ordinance of Richard and Ann LaFree was legally advertised on
Thursday, July 7, 2005 and that the Area Plan Commission at its public hearing on Tuesday, July 19,
2005 took the following action:
Upon a motion by Richard Warner, being seconded by Gary Gilot and carried, the proposed
ordinance and site development plan of Richard and Ann LaFree to zone from "SF1" Single
Family and Two Family and "OB" Office Buffer to "CB" Community Business, property
located at the 3500 Block of the south side of Douglas Road, City of South Bend is sent to the
Common Council with a favorable recommendation, subject to Written Commitments
prohibiting controlled uses from the property and limiting commercial activity to the
buildings along Douglas Road. The rezoning will be an extension of the northern "CB"
Community Business District. The land uses adjacent to Douglas Road between State Road
23 and Grape Road are transitioning from residential to commercial land uses (I.e. the dance
studio to the east). Lastly, the "SF1" Single Family District will continue to function as a
buffer zone for the southern residential houses.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for
the Common Council's first reading. The amended Ordinance was legally advertised and heard by the
Area Plan Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision
are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a
part of this report.
Sincerely,
~~
n W. Byo
JWB:sr
Attachment
CC: Richard and Ann LaFree
Danch, Harner & Associates
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staf2 Report
APC # 2322-OS
Owner: Richard and Ann LaFree
Location: The 3500 Block of the south side of East Douglas Road
Jurisdiction: City of South Bend
Requested Action:
The petitioner is requesting to rezone 12.31 acres from "SF1" Single Family and Two Family and "OB" Office
Buffer to "CB" Community Business to construct ~ retail and 1 medical building.
Land Uses and Zoning:
On site: On site: On site is vacant, flat land divided between City "SFl" Single and Two Family, and
"OB" Office Buffer.
North: To the north across Douglas Road is vacant land zoned City "CB" Community Business, and
"OB" Office Buffer. On the north side of Douglas Road near its intersection with State Road 23
is a bank in the County zoned "C" Commerical, and two single-family houses in the County
zoned "R" Single Family. On the north side of Douglas Road east of the site requesting rezoning,
there is vacant land in Mishawaka zoned "S-2" PUD, asingle-family house in County zoned "R"
Residential.
East: To the east on the south side of Douglas Road is a dance school in City zoned "LB" Local
Business, two single-family houses in the County zoned "R" Residential, and a mobile home park
in Mishawaka zoned "R-4" Residential.
South: To the south there is vacant property in the City zoned "SF1" Single and Two Family, and single-
family houses adjacent to McErlain Street in the County zoned "R" Single Family.
West: To the west on the south side of Douglas Road, there are single-family houses in the County
zoned "R" Single Family.
District uses and development standards:
The "CB" Community Business District is established to provide a Location for high volume and high intensity
commercial uses. Activities in this district are often large space users which may include limited amounts of
outdoor sales or outdoor operations.
Site plan description:
The preliminary site plan area totals 12.31 acres. Five one-story retail buildings, and 1 two-story medical
building are shown. The retail buildings cover 10,500 square feet each, and the medical building covers 11,200
square feet for a combined 12% lot coverage. The 294 parking spaces, vehicle driving aisles, and sidewalks cover
3~% of the lot, and the landscaping-open space covers ~3%. Sidewalks will connect the parking spaces to the
buildings. Two driveways are shown on Douglas Road; there is no vehicle access proposed from the residential
Elkins or McErlain Streets. Perimeter tandscaping is shown.
Zoning and land use history & trends:
The land uses adjacent to Douglas Road between State Road 23 and Grape Road are transitioning from residential
to commercial.
Traffic and transportation considerations:
Douglas Road is a two-lane road with a center turning lane at its intersection with State Road 23. [t is straight
adjacent to the site for providing unobstructed sight distance.
Utilities:
City water and sewer will be provided to serve the site; however, the Cities of South Bend and Mishawaka are in
discussion concerning which city will provide it.
Richard and Ann LaFree
#2322-0~
Page I of 4
Additional information: (Agency comments)
• On June l7, Staff faxed a letter to the design professional recommending that as much of the "SF l " zoning district
as possible remain unchanged, most of which contained the 100-year regulatory non-buildable flood zone. This
will not affect the development as proposed. Staff supports retaining the City zoning map designation, which
was recently adopted on Iv1ay 11, 2004, unless change is necessary. Staff also noted in a letter that the
preliminary site plan still lacked residential bufferyard screening, and off-street parking area rear landscape
screening. On June 30, Staff faxed a second letter noting that the previous concerns were not addressed on the
revised preliminary site plan. ;On June 31, Staff telephoned the design firm informing them that Staff
recommendation would be negative without the zoning boundary change.
~ Criteria (per IC 36-7-4-603):
1. Comprehensive Plan:
Policy Plan:
Principle: Employment opportunities.
Goal 2: Encourage the economic development of the County and its muncipalities.
Objective A: Locate employment uses in such a manner that conflicts with residential land uses are
minimized.
Policy l: Fashion a land use plan that ensures physical separation and/or buffering between
employment and residential uses.
Land Use Plan:
The Land Use Plan does not recommend the property for a specific designated growth. Therefore, the
rezoning does not conflict with the Land Use Plan.
The rezoning is consistent with the Comprehensive Plan economic policy, and Land Use Plan.
2. Current conditions and character:
Douglas Road between State Road 23 and Grape Road is in transition from residential to commercial land uses.
3. Most desirable use:
Commercial and office uses are the most desirable uses for the area of this property near Douglas Road.
4. Conservation of property values:
The residential bufferyard evergreen trees and perimeter parkinglot rear landscaping requirements are not met on
the preliminary site plan. The surrounding residential properties have.a better chance to retain their values if the
City Code is met.
~. Responsible development and growth:
A more-intensive commercial zoning designation will be responsible development and growth for this area.
Recommendation:
Based on information available prior to the public hearing, Staff recommends that the Area Plan Commission
send this to the Common Council with an unfavorable recommendation unless the majority of the property
currently zoned "SF 1" Single-Family is deleted from the petition.
Analysis:
Although commercial and office development is appropriate where these uses are shown on the site plan, the Staff
does not recommend rezoning most of the existing "SFl" District because there is no need to change it. Most of
Richard and Ann LaFree
#2322-OS
Page 2 of 4
~ ~• ~ the '~ SF 1" is in the 100-year regulatory nonbuildable flood zone, so it will not affect the development as proposed.
When this site was originally annexed, it was zoned the existing "SF 1" Single-Family Residential because of the
Eloodplain and to act as a buffer area for the residential area to the south.
Richard and Ann LaFree
#2322-0~
Page 3 of 4
REZONING FROM: "SF1" SINGLE FAMILY & "OB" OFFICE BUFFER
T0: "CB" COMMUNITY BUSINESS
ST. JOSEPH COUNTY ZONI NG SOUTH BEND ZONING
"B" BUSINESS ®"CE" CvP:1P,1~NITY 9USI!`IESS
® "C" ^C3bAfvtERCWL
J ~ "L3" LvCi.L BUSII~IESS
"06" CFFPCE BUFFER 0 "v6" QFFICE BUFFER APC 2322-05
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Richard and Ann LaFree
#2322-OS
Page 4 of 4