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HomeMy WebLinkAbout9835-08 Annexation and Rezoning - Northeast corner of Cleveland and Lynwood - West of 21275 Cleveland & SouthORDINANCE No. Passed by the Common Council of the City of Soutlt Bend, Indiana May 12, Attest: Attest: 20 08 Presented by me to t/ie Mayor of the City of Soutlr Bend, Indiana May 13, ZO 08 City Clerk President of Common Council Approved and signed by me May 15 20 08 City Clerk Mayavr REVISED 2/27/08 ORDINANCE NO. ~ ~ ~~ ~~~ 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 CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT # 1 (STEVE & JEAN COOREMAN) (NORTHEAST CORNER OF CLEVELAND ROAD AND LYNNWOOD AVENUE LYING INIl~4EDLATELY WEST OF 21275 CLEVELAND ROAD SOUTH OF 52776 LYNNEWOOD AVENUE, SOUTH BEND, INDIANA 46628) STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 4.38+/- acres located in German Township, St. Joseph County, Indiana, has been filed by either fifty-one percent (51~) of the owners of the land in the territory sought to be annexed and zoned, or the owners of seventy-five percent (75~) of the total assessed value of the land for property tax purposes. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana. 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: PARCEL I. (ANNEXATION AND REZONING TO "CB" COMMUNITY BUSINESS DISTRICT). THAT PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF CLEVELAND ROAD AND THE WEST LINE OF LYNNEWOOD AVENUE; THENCE N. 00°-00'-00" W. (ALL BEARINGS ASSUMED), 411.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 460.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E., 93.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 80.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E., 318.00 FEET MORE OR LESS TO THE NORTH LINE OF SAID CLEVELAND ROAD; THENCES. 90°-00'-00" W. ALONG SAID NORTH LINE, 540.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.92 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 2 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 above described real estate, with the exception of all adjacent rights-of-way, is hereby established as "CB" Community Business District for Parcel I 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. That the above described real estate shall be and hereby is assigned to the 1st Councilmanic District of the City of South Bend, Indiana. SECTION V. 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. Attest: City lerk "~ r Member of th Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the ~ ~ ~ Day of_ ~(`(~,~ , 2~, at L ~ 31 O' clock p. M. Ci Clerk ~~ t ~- Approved and signed by me on the ~-~ Day of 2 ~~ , at O'clock ~.M. .~,-' Mayor, City o South Bend, Indiana 1 st READING 2-' i ~~y PUELIC hiEARlNG `{-L-~~og 3rd P.EADING S-«``'8~ NOT APPROVED REFERRED A~P" ~z~11-O~ PASSED S- l L- 0 8' Fi{~~ In Glerk'~ ~fific2 ~;~.nR - 3 2cos CITY CL~«~y, W0. SEND, M. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 12-08 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 CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #1, STEVE & JEAN COOREMAN, 21300 BLOCK OF CLEVELAND ROAD & 52804 LYNNEWOOD AVENUE, 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 subject to commitments that are attached to the ordinance. Derek D. Dieter Chairperson. Committee of the Whole ~,ll ti~~ IL-eK Written Commitments for Cooreman Rezoning at Lynnewood Avenue and Cleveland Road, South Bend, Indiana Dated: April 28, 2008 1). To align as close as possible, the Developments' North Drive with the St. Joseph County Library Lynnewood Avenue. 2). Restrict Drive openings unto Lynnewood Avenue for exiting vehicles to only be allowed to go South from Development to Cleveland Road. 3). Developer to allow access from proposed Development to future non-residential development on property adjacent to and East of Development property. 4). Each Store front in the Planned Development shall have a different fagade, in keeping with the proposed Development which is referred to as a "Lifestyle Center". 5). No Drive-thru facilities shall be permitted in the Northern-most building shown on the submitted preliminary site plan to help reduce noise pollution to the adjacent residential properties. 6). No curbs will be permitted along the Eastern pavement edge of Lynnewood Avenue to reduce the visual disconnect between the elevation of the roadway and the Development site. 7). Place a 6 ft. high Privacy fence along the common boundary between the Development property and the property presently owned by Patrick Romano which is located on Lynnewood Avenue. This is to help protect the Romano grandchildren and to prevent trash and pedestrian traffic from coming onto the Romano properly. Also the Developer is to remove all "marked trees" that were selected at an on-site meeting attended by Patrick Romano, Councilman Ann Puzello and the Developer Steve Cooreman. The selected trees were located on both the Romano property and the Development property. 8). State in the Developments' Covenants and as part of the written Commitments that any product delivery times and trash collection times are to occur between the hours of 8:00 a.m. and 5:00 p.m.. All Developments' trash bins will be 100% walled off with lockable gates. A written scheduled routine for policing the Development site and trash and papers and a standard of lawn care and parking lot care, as far as weeds and snow piles are concerned. 9). Cooreman Real Estate Group, will not lease to any "undesirable tenants", such as: Liquor Stores, Tattoo parlors, Adult Entertainment type business, Cigarette Shops or other non-family uses. 10). No "Fast-food" type Restaurants with aDrive-thru facilities shall be located at the Southwest corner of the Development along Lynnewood Avenue and Cleveland Road as shown on the preliminary site plan. A "Sit-down" Restaurant can be located at this location without aDrive- thru facility. ~i1cd [n ~Ierk'~ ®~Bce MAY - 2 2008 JOHN UDORDE CITY CLERK, S0. BEND, !N. Revised 2/27/08 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 German 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. fifty-one percent (51$) of the owners of the land In the territory sought to be annexed; OR b. the owners of seventy-five (75~) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at the Northeast corner of Cleveland Road and Lynnwood Avenue lying immediately West of 21275 Cleveland Road and South of 52776 Lynnwood Avenue, South Bend, Indiana 46628. 5). The Property Tax Key Number(s) 04-1050-1183.01, 04-1057-1380, 04-1057-1381, 04-1057-1382, 04-1057-1383, 04-1050-1182 6). The name and address of the property owners of the petition site is/are: Steve & Jean Cooreman 4404 Technology Drive South Bend, Indiana 46628 (574) 277-0116 7). The name and address of the contingent purchaser(s), if applicable, is: N/A 8). The property is 4.92+/- acres in size and currently has the following use(s) on it: Single-Family homes & Vacant land. 9). The number o£ current residents in the annexation area: None. 2 10). It is desired and requested that the petition site be rezoned From: St. Joseph County zoning classification "R" Single Family District & "O/B" Office/Buffer District To: City of South Bend zoning classification "CB" Community Business District for the following uses: Restaurants with and without a drive- thru window, Retail uses, Financial uses with or without a drive-thru window. 11). The anticipated "build-out" year for the project: 2012 with favorable economic market conditions. 12). Proposed number of lots: Approximately One to Three. 13). The proposed miles of new roadways: None. 14). The following as been submitted with the Petition: 1). A legal description of the property, titled Exhibit "A"; 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; 3). Seventeen (17) site plans; 4). Addressed, stamped envelopes for all property owners within 300 feet of the petition property 15). The signature(s) of all property owner(s), or Attorney for allpproperty owner(s). i' Signed: ~ '~/~ ~ b I~wG~U~-- ve Cooreman J Cooreman 4 04 Technology Drive 4 4 Technology Drive South Bend, Indiana 46628 South Bend, Indiana 46628 (574) 277-0116 (574) 277-0116 Name, Address & Phone Number of Contact Person/Preparer: Danch, Harner ~ Associates, Inc. C/O Michael Danch 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003. Fiie~ I~ ~l~ri~'~ C~~iice ~;'~~~ - 3 200$ J~"s-Ip, 'tGCrDE C'T'f C~..ci~, C. CEN7,1M. EXHIBIT "A" PARCEL I. (ANNEXATION AND REZONING TO "CB" COMMUNITY BUSINESS DISTRICT). THAT PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF CLEVELAND ROAD AND THE WEST LINE OF LYNNEWOOD AVENUE; THENCE N. 00°-00'-00" W. (ALL BEARINGS ASSUMED), 411.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 460.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E., 93.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 80.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E., 318.00 FEET MORE OR LESS TO THE NORTH LINE OF-SAID CLEVELAND ROAD; THENCES. 90°-00'-00" W. ALONG SAID NORTH LINE, 540.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.92 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. REZONING LEGAL DESCRIPTION PARCEL I. (ANNEXATION AND REZONING TO "CB" COMMUNITY BUSINESS DISTRICT). THAT PART OF THE SOUTHEAST QUARTER .OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF CLEVELAND ROAD AND THE EAST LINE OF LYNNEWOOD AVENUE; THENCE N. 00°-00'-00" W. (ALL BEARINGS ASSUMED), 411.00 FEET MORE OR LESS; N. 90°-00'-00" E., 400.00 FEET MORE OR LESS; THENCE S. 00°-00'-00" E., 93.00 FEET MORE OR LESS; THENCE N. 90°-00'-00" E., 80.00 FEET MORE OR LESS; THENCE S. 00°-00' -00" E. , 318.00 FEET MORE OR LESS TO THE NORTH LINE OF SAID CLEVELAND ROAD; THENCES. 90°-00'-00" W. ALONG SAID NORTH LINE, 480.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.36 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. F1~~~ jn ~~Ct'k':'a ~~~iC® FEB - 6 2008 JOfi?J V0~ RED ND, IN. CITY CiEt~i+, . ~i3~. fir? ~3~~t~'Ic'~ ~~`~~~~ Property Owners Within 300 Feet ' F E B - 6 2008 J~~~1~J 6'0~~;~E Kelly DeLara Scott Hoggard t f Hii' ~~~~~, !t!. 52691 Lynnewood Ave 52747 Lynnewood Ave 52747 Lynnewood ve South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1050 1170 Tax Key # 004 1050 1171 Tax Key # 004 1050 1172 Macri's Development !nc Brenda Bare Gary Vanderheyden 15575 Victorian Ct 4144 Spring Hill Court 4404 Technology Dr Granger, IN. 46530 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1050 1176 Tax Key # 004 1050 1177 Tax Key # 004 1050 118301 Patrick & Mary Romano Lowell & Marilyn Lidecker Eileen Names 52776 Lynnewood Avenue 52774 Lynnewood Avenue 52758 Lynnwood Avenue South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1050 1183 Tax Key # 004 1050 1184 Tax Key # 004 1050 1185 Ronald & Virginia Webster Robert A Lewiecki Leta Johnson 52720 Lynnewood Rd 52698 Lynnewood Rd 52825 Shellbark Av South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1050 1187 Tax Key # 004 1050 1188 Tax Key # 004 1050 1215 Virgil & Marceline Inman Marceline M Inman Trustee Alan Seidler & Gail Pursell 52851 Shellbark Revocable Trust 52885 Shellbark Ave South Bend, IN. 46628 52851 Shellbark Rd South Bend, IN. 46628 Tax Key # 004 1050 1216 South Bend, IN. 46628 Tax Key # 004 1050 1218 Tax KPV# (1nd 1~.5n 117 David & Joni Black John & Louise Rucano Steve & Jean Cooreman 52901 Shellbark Ave Trustees of the Rucano Living Trust 52726 Brookdale Drive South Bend, IN. 46628 52933 Shellbark Ave South Bend, IN. 46637 Tax Key # 004 1050 1220 South Bend, IN. 46628 Tax Key # 004 1050 1182 Tax KPV # nn4 1(15(1 1771 Patrick J Mcgann St.Joseph County Public Library Cripe-Witter Cemetary 2313 E Edison Rd 304 S Main Street South Bend, IN. 46628 South Bend, IN. 46615 South Bend, IN. 46601 Tax Key # 004 1014 024301 Tax Key # 004 1050 1271 Tax Key # 004 1014 0247 Lall Arouna Hamann Tonya Nickerson St.Joseph County Public Library P.O.Box 3233 52787 Lynnewood Ave 304 S Main St South Bend, IN. 46619 South Bend, IN. 46628 South Bend, IN. 46601 Tax Key # 004 1057 1377 Tax Key # 004 1057 1378 Tax Key # 004 1057 1379 Steve & Jean Cooreman Steve & Jean Cooreman Steve & Jean Cooreman 4404 Technology Dr 4404 Technology Drive 4404 Technology Dr South Bend, IN. 46628 South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 004 1057 1380 Tax Key # 004 1057 1381 Tax Key # 004 1057 1382 Tax Key # 004 1057 1383 ~-~ Uanch, f-/arner & ~I ssociates, Inc. MICHAEL J. DANCH, L.A. RON HARNER, P.S. Honorable Members of the City of South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Land Surveyors .Professional Engineers Landscape Architects .Land Planners February 5, 2008 RE: Annexation & Rezoning Petition for Steve & Jean Cooreman for property in the 21300 Block of Cleveland Road and 52804 Lynnwood Avenue, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of an Annexation and Rezoning for their property in the 21300 Block of Cleveland Road and 52804 Lynnewood Avenue, South Bend, Indiana. This rezoning is to allow for the development of a Retail Center which would include two to three Multi-tenant buildings for small retail shops, offices, financial establishments and also space available for restaurant uses which may have drive-up window facilities as shown. This project site is located at the Northeast corner of Cleveland Road and Lynnewood Avenue. Our clients believe this Retail Center will be compatible with the other existing commercial and office uses along this portion of Cleveland Road corridor. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, Michael J. Danch President Danch, Harper & Associates File No. Oa0100 "C" Md. d to C~~rk' ~ ~~ rice F~~c FE6 . 6 2pp8 ~~~t1 V S4r~E ~o' ~. Cm O~c^r;K, 1643 Commerce Drive . South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 office 5741234-4003 ^ 8001594-4003 ^ Fax 5741234-4119 office 2691471-3010 ^ Fax 2691471-7237 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/areaplan Fax 574 235-9813 March 19, 2008 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 Steve and Jean Cooreman to zone from R Single Family District and OB Office/Buffer District (County) to CB Community Business District (City), property located at the northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue, City of South Bend - APC# 2463-0$ Dear Council Members: I hereby Certify that the above referenced ordinance of Steve and Jean Cooreman was legally advertised on Thursday, March 6, 2008 and that the Area Plan Commission at its public hearing on Tuesday, March 18, 2008 took the following action: Upon a motion by John DeLee, being seconded by Richard Warner, with Donna Chamblee abstaining, and carried, the proposed ordinance and site development plan of Steve and Jean Cooreman to zone from R Single Family District and OB OfficeBuffer District (County) to CB Community Business District (City), property located at the northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue, City of South Bend is sent to the Com on ouncil with a favorable recommendation subject to Written Commitments that~~at the egress from the proposed development onto Lynnwood be reviewed by the City Engineer and if it is determined that left out only drives are acceptable, then the desig of the egress points will be such that right turn mo~ is onto Lynwood are prohibited; (2 no drive-thru window on the north building; and (3 roviding access to the east property. The area along Cleveland Road is commercial business in nature and will adequately support the development of further commercial businesses. Cleveland Road is a major thoroughfare which supports the type of traffic associated with this type of commercial development. This plan is consistent with what the City of South Bend has envisioned for this area when was adopted City Plan in November of 2006. The required landscaping and buffer yard should buffer the adjacent residential area to the north. The written commitment requiring access to the adjacent eastern property will help connectivity between developments should the adjacent property further develop and should lessen the traffic impact if the adjacent site were developed commercially. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana 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 ' ~~ ~ JWB:sr Attachment CC: Steve and Jean Cooreman Danch, Harner & Associates, Inc. Staff Report APC # 2463-08 Owner: Steve and Jean Cooreman Location: The northeast corner of Cleveland Road and Lynwood Avenue lying immediately west of 21275 Cleveland Road and south of 52776 Lynwood Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from R Single Family District and OB Office Buffer District (County) to CB Community Business District (City) to allow restaurants with and without drive-thru window, retail uses, financial uses with or without adrive-thru window. Land Uses and Zoning: On site: On site are two single family homes. One zoned R Residential and one zoned OB Office Buffer District. North: To the north are single family homes zoned R Residential within the County. East: To the east is a funeral home zoned OB Office Buffer District within the County. South: To the south the toll road is vacant land zoned SF 1 within the City of South Bend. West: To the west is a beauty shop zoned B Business within the County. 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 site is approximately 4.92 acres. The site plan indicates three one-story commercial buildings totaling approximately 30,000 square feet. The buildings will cover approximately 16% of the site. 169 parking spaces are shown for the development. Parking and drive will cover an additional 62% of the site. A residential buffer yard and screening will be provided along the northern property line. Landscaping and open space will cover the remaining 22% of the site. The site plan proposes four access points: two from Cleveland Road and rivo from Lynnwood Avenue. Zoning and land use history & trends: The site was petitioned for annexation and rezoning to CB Community Business District in May of 2004. The petition was giving a favorable recommendation from the Area Plan Commission. The petition was subsequently withdrawn in July of 2005, prior to receiving a public hearing by the City Council. Traffic and transportation considerations: Cleveland Road has four lanes. Lynnwood Avenue has two lanes. Utilities: The site will be served by municipal utilities. Steve and Jean Cooreman #2463-08 Page 1 of 3 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: City of South Bend -City Plan, November 2006 Economic Development Policy ED 4.2 Encourage the formation of regional clusters of companies and institutions. The rezoning is consistent with the Future Land Use Map. Land Use Plan: City of South Bend -City Plan, November 2006 The Future Land Use Map identifies this general area as commercial. The rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: The site currently contains a two homes and vacant land. The area is a mixture of office, commercial and residential uses. 3. Most desirable use: The most desirable use for this site is commercial or office. 4. Conservation of property values: The property values to the east and west should remain unaffected by the rezoning. The residential properties to the north maybe negatively affected. 5. Responsible development and growth: It is responsible development and growth to allow property in a commercially developing area to be used for commercial growth. 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 area along Cleveland Road is commercial business in nature and will adequately support the development of further commercial businesses. Cleveland Road is a major thoroughfare which supports the type of traffic associated with this type of commercial development. This plan is consistent with what the City of South Bend has envisioned for this area when was adopted City Plan in November of 2006. The required landscaping and buffer yard should buffer the adjacent .residential area to the north. Steve and Jean Cooreman #2463-08 Page 2 of 3 r F t` E 1 f~- I€ ~- {t 1---~ ~~ . :,~ y r~~A 1 ter' -,'f ~~ ;` .,~`~ 8 a 0 evela~d - ~o m 3 = J N t ~~~ e tleveland I-80 I-80 4 ~7 O__ ~a ~~~ -~ SF1 R Rezoning from: "R" SINGLE FAMILY & "OB" OFFICE/BUFFER to "CB" COMMUNITY BUSINESS Zoning Key COUNTY "R" SINGLE FAMILY COUNTY "OB" OFFICE/BUFFER COUNTY "B"BUSINESS SOUTH BEND 'SF1"SINGLE FAMILY &TWO FAMILY SOUTH BEND 'LB" LOCAL BUSINESS r-- SOUTH BEND 'CB' COMMUNITY BUSINESS SOUTH BEND 'GB" GENERAL BUSINESS N W- t,`stE ;;= S 1 inch equals 300 feet APC # 2463-08 R Steve and Jean Cooreman #2463-08 Page 3 of 3 ANNEXATION & REZONING DIAGRAM SURVEY ORDERED BY: STEVE AND JEAN COOREMAN SURVEY DATED: JANUARY 23, 2008 PROJECT NO.: 080100 A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, T.38 N., R.2 E., GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. 90'00'00' E 80.00' T- 1 ~R/W UNE P.0.13. Y N L.~ AREA TO BE REZONED FR011 R-RESIDEMWL (COUNT`n TO 'CB' COIJANNIIY BUSINESS 4.92 acrest 30' BUILDING ~ SETBACK LINE SOUTH BEND CORPORATE ulrtf ld1E c/i. crEVffi.exn xn. eo' x/tr m 4 a~ Fi~~d ~<1i C~@Cr:': i.1tfIC0 oa -~~- g $ FEB - 6 2008 h °~ w JOHN VOGnDE I CI7Y CLEdK, SG. EEiiG, IN. o~~taD 1'~ 100' Dancli, Harmer di+Aeeociatee,l-tc Land Surveyors Professional Engineers 1 Landscape Architects• Land Planners Offiee: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 2422 viridian D~ve,Suite 201 • South Bend, IN 46626 ANNEXATION & REZONING DIAGRAM SURVEY ORDERED BY: STEVE AND JEAN COOREMAN SURVEY DATED: JANUARY 23, 2008 PROJECT NO.: 080100 A PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, T.38 N., R.2 E., GERMAN TOWNSHIP.. ST. JOSEPH COUNTY, INDIANA EXHIBIT "A" THAT PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH UNE OF CLEVELAND ROAD AND THE WEST UNE OF LYNNEWOOD AVENUE; THENCE N. 00'-00'-00" W. (ALL BEARINGS ASSUMED), 411.00 FEET MORE OR LESS; THENCE N. 90'-00'-00" E., 460.00 FEET MORE OR LESS; THENCE S. 00'-00'-00` E., 93.00 FEET MORE OR LESS; THENCE N. 90'-00'-00` E., 80.00 FEET MORE OR LESS THENCE S. 00'-00'-00" E., 318.00 FEET MORE OR LESS TO THE NORTH UNE OF SAID CLEVELAND ROAD; THENCE S. 90'-00'-00` W. ALONG SAID NORTH UNE, 540.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 4.92 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. i a 0 8 S 0 Filed In GI>rrk'~ ®~fice F E B - 6 2008 JOf'N VGv,9~E CTYCLSRK, S0. LE!~D, IN. I~i1LC/1, HaNIL@M 1~TAD000lateO,111i~ Land Surveyors Professional Engineers Landscape Architects• Land Planners Office: (574)234-4003 / (800)594-4003 • Fax: (574)234-4119 2422 Viridian Drive, Suite 201 • South Bend, IN 46628 2