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Home My WebLink About9447-03 Rezoning 3500 Block of East Douglas RoadORDINANCE No. 94 47-03 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: September 8, 20 03 Presented by me to the Mayor of the City of South Bend, Indiana September 9, 03 20 City Clerk President of Common Council Approved and signed by me September 9 20 03 City Clerk Mayor ORDINANCE NO. � 1 H � v 03 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST DOUGLAS ROAD, IN THE CITY OF SOUTH BEND,INDIANA. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 4990 -68, 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 IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS S. 900- 00' -00" W., 200.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 32, WHICH POINT IS ALSO THE NORTHWEST CORNER OF THE PLAT OF "RUPLEY'S DOUGLAS ROAD MINOR SUBDIVISION" AS RECORDED IN DOCUMENT NO. 8012003 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, SAID POINT BEING ON THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF DOUGLAS ROAD; THENCE ALONG THE WEST LINE OF SAID SUBDIVISION S. 000- 16' -07" W., 260.00 FEET; THENCE N. 891- 59' -59" W., 255.00 FEET; THENCE N. 000- 16' -07" E., 260.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 32 AND THE CENTERLINE OF DOUGLAS ROAD; THENCE ALONG SAID NORTH LINE AND CENTERLINE N. 900- 00' -00" E., 255.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.52 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" CONR.IERCIAL, "A" HEIGHT & AREA. 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. 1 st READING PUBLIC HEARING 3 rd READING q(-g- &3 NOT APPROVED REFERRED fA ' P - l -1 y'33 PASSED cO ,03 MEMBER OF THE C N COUNCIL Filed In Clerk's Office JUL 0 2 2003 LORETTA J. DUDA CRY CLERK, 30. REND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 51 -03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 3500 BLOCK OF EAST DOUGLAS ROAD, 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. Sean Coleman Chairman LEGAL DESCRIPTION PARCEL I. WHAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH CQU;�TY, INDIAN} NONE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS S. 900- 00' -00" W., 200.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 32, WHICH POINT IS ALSO THE NORTHWEST CORNER OF THE PLAT OF "RUPLEY'S DOUGLAS ROAD MINOR SUBDIVISION" AS RECORDED IN DOCUMENT NO. 8012003 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, SAID POINT BEING ON THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF DOUGLAS ROAD; THENCE ALONG THE WEST LINE OF SAID SUBDIVISION S. 000- 16' -07" W., 260.00 FEET; THENCE N. 89 °- 59' -59" W., 255.00 FEET; THENCE N. 00 °- 16' -07" E., 260.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 32 AND THE CENTERLINE OF DOUGLAS ROAD; THENCE ALONG SAID NORTH LINE AND CENTERLINE N. 900- 00' -00" E., 255.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1.52 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Filed In Glen's. J U L c'i 2 2003 LORETTA J. DUDA _y CITY CLERK, SO. REND, 1.1l. REVISED 7/28/03 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: NORTH SIDE OF DOUGLAS ROAD APPROXIMATELY 2,840 FEET WEST OF THE CENTERLINE OF GRAPE ROAD, SOUTH BEND, INDIANA 46615 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: RICHARD LAFREE 804 LINCOLNWAY EAST MISHAWAKA, INDIANA 46544 PHONE NUMBER (574) 259 -7029. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N/A 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "A" RESIDENTIAL, "A" HEIGHT & AREA TO "C" COMMERCIAL DISTRICT, "A" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). A DANCE STUDIO AND LIMITED SMALL RETAIL USES 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) 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; (C) SIX (6) SITE PLANS; AND (D) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY. 7). BY SIGNING THIS PETITION, I AND ANY CONTINGENT PURCHASER UNDERSTAND THAT IF THE COUNCIL APPROVES THIS PETITION TO REZONE, 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 THE INITIAL ZONING CLASSIFICATION. UNDER CERTAIN CONDITIONS, A TIME EXTENSION ON THE SUBMITTAL OF THE FINAL SITE PLAN MAY BE REQUESTED. SIGNED, RICHARD LAFREE - OWNER PETITIONED PREPARED BY AND CONTACT PERSON: DANCH, HARNER & ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 SOUTH BEND, INDIANA 46628, PHONE NUMBER (574)- 234 -4003 Sled in Ci®rk's Office E UC 0 4.2003 LORMA J. DUDA Wy ALm m mND, DL Jerry N.& Marguery J. Macri 15575 Victorian Ct. N Granger, IN. 46530 Tax Key # 02 2023 054814 John Francis Rupley 16974 Douglas Rd. Mishawaka, IN. 46544 Tax Key # 02 2018 037701 Charles Rupley 16974 Douglas Rd. Mishawaka, IN. 46545 Tax Key # 02 2024 055003 Lake Shore Estates 820 Church St. Suite 200 Evanston, IL. 60201 Tax Key # 29 2024 057701 Property Owners Within 300 Feet Eclipse LLC 2400 Miracle Lane Mishawaka, IN. 46545 Tax Key # 02 2019 0425 J. Webb Steely John A. Piraccini 5510 Shaughan Ct. Mishawaka, IN. 46545 Tax Key # 29 2018 037704 Frances & Ruth Rupley 16974 Douglas Road Mishawaka, IN. 46545 Tax Key # 02 2023 0550 Webb J. Steely John A. Piraccini 5510 Shaughn Dr. Mishawaka, IN. 46545 Tax Key # 29 2019 0426 Juday LLC 519 Ostemo Pl. South Bend, IN. 46617 Tax Key # 02 2024 055002 Jerry N. & Marguery Macri 15575 Victorian Ct. Granger, IN. 46530 Tax Key # 24 2003 054813 Filed in Clerk's Office J U L 0 9 2003 LOnMA J. DUDA CITY CLERK, 80. DOD, Ill. STAFF REPORT Richard LaFree 2216 -03 Location: 2500 Block of East Douglas Road City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a dance studio and small retail area. EXISTING LAND USE: The property contains vacant land. SURROUNDING LAND USE AND ZONING: Located to the north is vacant land in South Bend zoned "A" Residential, "a" Height and Area and land in Mishawaka zoned "S -2" Planned Unit Development. To the south is land in South Bend zoned "A" Residential, "a" Height and'Area. To the east is vacant land in the county zoned "R" Residential. To the west is vacant land in South Bend zoned "A" Residential, "a" Height and Area. ACCESS: Access to the site is from a common access drive off of Douglas Road. Access to the property to the south will still have to be provided. WATER SOURCE/ SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 1.28 acres. Of that, the buildings will occupy 4,000 square feet, or 7.1 percent of the site. Parking and drives will occupy .8 acres, or 62.5 percent of the site. Open space will occupy 17,073 square feet, or 30.4 percent of the site. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, or flood areas are present. The Uniroyal Superfund Site is located near the petition area. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer needs to see a final site plan before construction can begin. STAFF RECOMMENDATIONS: 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 subject to a final site development plan. In April of 2003 the zoning on this property reverted from "O" Office. Given the other commercial uses and zoning in the immediate area, the staff feels that the proposed rezoning is proper for this site. � St. Joseph Co. ■'�. -� South Bend m N co � I I � t DOUGLAS RD. PETITION AR �cffm3 o l I . M MOB HOM PARK I COR T. \� I \ I = I I ICI I m Q SINGLE FAMILY N I I a 0 I 3 I W.z 2 w I N �--``III I I _ - _ _ _ _ _ _ -y_ I I � I I _ _ _ _ I11 I I I - � REZONING FROM: "A" RESIDENTIAL, 'W HEIGHT & AREA TO: "C" COMMERCIAL, "A" HEIGHT & AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL O ST. JOSEPH COUNTY EXISTING ZONING "R" RESIDENTIAL O MISHAWAKA EXISTING ZONING "R -4" MANUFACTURED RES.O "S -2" PLANNED UNIT DEV. O 4 APO # 2216 -03 0 100 200 �r 4 O Graphic Scale S. BEND CORP. BOUNDARY — pETIT10N AREA MISHAWAKA CORP. BOUNDARY --------- y ,ilk k, Osl • j a IMM r y 5•)� - 7a�� •� o ;.ji� a �aY 9 ,. et • R � �. A Yi ' t f .'n s' . f a z o! s f r•4�{ i .. 4• y Mt ` .�x'� `t; r tip` •:J 1 ;: r - :-..,. `fix -'i. ! 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