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Home My WebLink About9472-03 Rezoning - 3566 Douglas RoadORDINANCE No. Passed by the Common Council of the City of Soacth Bend, Indiana December 8, Attest: Attest: 9472-03 03 20 Presented by me to the Mayor of the City of Soutlt Bend, Indiana December 9, 03 20 City Cterk President of Common Council City Clerk Approved and signed by me 20 _4~- Mayer ORDINANCE NO . ~ ` AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3566 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, 5T. JOSEPH COUNTY, INDIANA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF DOUGLAS ROAD AND THE NORTH LINE OF SAID SECTION 32 WHICH IS S. 90° -00'-00" W., 200.00 FEET MORE OR LESS FROM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE S. 00° -16'-07" W., 752.00 FEET MORE OR LESS; THENCE N. 89° -59'-59" W., 255.00 FEET MORE OR LESS; THENCE N. 00° -16'-07" E., 492.00 FEET MORE OR LESS; THENCE S. 89° -59'-59" E., 220.00 FEET MORE OR LESS; THENCE N. 00° -16'-07" W., 260.00 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD AND THE NORTH LINE OF SAID SECTION 32; THENCE N. 90° -00'-00" E. ALONG SAID CENTELINE AND NORTH LINE, 35.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3.09 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL DISTRICT, "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. 1st READING ~~ `~3-~3 PUBLIC HEARING ~~,.,-~-03 3 rd READING ~ Z_~_v 3 NOT APPROVED ` REfERB'Ef) (~-,~, ~~\l3~oj PA55ED ~'Z-$'-(~ OF THE'COMMOM COUNCIL ~IQd 1~ ~t~rl~'~ ®~~~ QCT 0 ~ ?_~0~ L~~3'TTA J.11 _ , ~'"~ C~. 4F~"D.I; ~. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 83-03 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3566 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. Kar{ King Chairman 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 A5 HEREIN REQUESTED. 1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED: 3566 DOUGLAS ROAD SOUTH BEND, INDIANA 46635 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: RICHARD T•T~E 15800 PRESWICK LANE GRANGER, INDIANA 46530 PHONE NUMBER (574) 272-0113 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" COM[~RCIAL DISTRICT, "A" HEIGHT 6 AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). PHOTOGRAPHY STUDIO FOR PHOTOGRAPHING OBJECTS. 6). ATTACHED IS A COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY; (B) A 3,IST OF NAMES ANA ADDRESSES OF ALL PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN 300 FEET OF THE PETITION PROPERTY; (C) SIR (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 SPECIFIID TIME PERIOD, CAIISES 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: ~Iledin ~terk's ®$~ice DANCH, HARMER 6 ASSOCIATES 2422 VIRIDIAN DRIVE, SUITE 201 T ry g SOUTH BEND, INDIANA 46628, PHONE NUMBER (574)-234-4003 Q CI JF~ 203 LORR7TA J. OUOA ClSY CLERli, S®. 6~tdD.IH. LEGAL DESCRIPTION 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, INDIXNA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF DOUGLAS ROAD AND THE NORTH LINE OF SAID SECTION 32 WHICH IS S. 90° -00'-00" W., 200.00 FEET MORE OR LESS FROM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE S. 00° -16'-07" W., 752.00 FEET MORE OR LESS; THENCE N. 89° -59'-59" W., 255.00 FEET MORE OR LESS; THENCE N. 00° -16' -07" E. , 492.00 FEET MORE OR LESS; THENCE S. 89° -59'-59" E., 220.00 FEET MORE OR LESS; THENCE N. 00° -16'-07" W., 260.00 FEET MORE OR LESS TO THE CENTERLINE OF DOUGLAS ROAD AND THE NORTH LINE OF SAID SECTION 32; THENCE N. 90° -00'-00" E. ALONG SAID CENTELIN~ AND NORTH LINE, 35.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3.09 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. X11®~ i~t ~i®r~°~ ~~ft~ OC1~ 0 ~ ~0~~ a.®~,~ra~. ova ` , ~rev~,~.a~:'~,~w Property Owners Within 300 Feet Richard Lafree Richard LaFree 15800 Preswick Ln 804 LincolnWay East Granger, IN. 46530 Mishawaka, IN. 46544 Tax Key # 24 2023 254808 Tax Key # 24 2023 054816 Juday LLC Frances and Ruth Rupley 519 Ostemo Pl. 16974 Douglas Road South Bend, IN. 46617 Mishawaka, IN. 46544 Tax Key # 02 2024 055002 Tax Key # 02 2023 0550 Lake Shore Estates Charles A Rupley Est. Francis M 820 Church St. , - 16974 Douglas Rd. Suite 200 Mishawaka IN. 46545 Evanston, IL. 60201 , Tax Key # 02 2024 055003 Tax Key # 29 1001 0011 Lake Shore Estates Lake Shore Estates 820 Church St. 820 Church St Suite 200 . Suite 200 Evanston, IL. 60201 lL. 60201 Evanston Tax Key # 29 2024 057701 , Tax Key # 29 2024 057703 Jennings Realty Inc. Jerry N & Marguery J Maori 820 Church St. 15575 Victorian Ct Suite 200 Evanston, IL. 60201 Granger, IN. 46530 Tax Key # 29 1001 0008 Tax Key # 24 2023 054814 Richard N & Lois E Shoupe Christina L. Olinger 51181 Kings Crossing 17150 Mcerlain St. Granger, lN. 46530 South Bend, )N. 46635 Tax Key # 02 2023 054805 Tax Key # 02 2023 05481 1 Jerry N & Marguery Maori 15575 Victorian Ct. N Granger, IN. 46530 Tax Key # 24 2023 054814 Eclipse LLC 2400 Muacle Lane Mishawaka, IN. 46545 Tax Key # 29 2019 0425 Eugene B. & Charnley L. Allen 17023 Hepler St. South Bend, lN. 46635 Tax Key # 02 2024 057704 Lake Shore Estates 820 Church St. Suite 200 Evanston, IL. 60201 Tax Key # 29 2024 058001 Jerry N & Marguery J Maori 15575 Victorian Ct. Granger, IN. 46530 Tax Key # 24 2023 054813 Ei~~~ t~ ~@e~~'~ ®fific~ OCT o~ ~oa~ d®Qa r 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 Fax 574 235-9813 November 19, 2003 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 LaFree to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3566 Douglas Road, City of South Bend - APC# 2236-03 Dear Council Members: The above referenced ordinance of Richard LaFree was legally advertised on Thursday, November 6, 2003. The Area Plan Commission at its public hearing on Tuesday, November 18, 2003, took the following action: Upon a motion by Dave McKee, being seconded by Phil Sutton and carried, the proposed ordinance and site development plan of Richard LaFree to zone from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area, property located at 3566 Douglas Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a Final Site Development Plan. In the commission's opinion, given the other commercial uses and zoning in the area, "C" Commercial is appropriate for this site. 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. Sinc ely, G o e W. ante RWS:sr Attachment CC: Richard LaFree Danch, Harner & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT Richard LaFree 2236-03 Location: 3566 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 photography studio for photographing objects. EXISTING LAND USE: The property contains asingle-family home. SURROUNDING LAND USE AND ZONING: Located to the north and west is vacant land in South Bend zoned "A" Residential, "A" Height and Area. To the south are single-family homes in the City zoned "A" Residential, "A" Height and Area. To the east are single-family homes in the County zoned "R" Residential. The land directly to the north of this site is pending "C" Commercial, "A" Heigf~t and Area. ACCESS: Access to the site is from Douglas Road. WATER SOURCE/ SEWAGE DISPOSAL: Water and sewer are not available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 3.09 acres. Of that, the buildings will occupy 9,063 square feet, or 6.7 percent of the site. Parking and drives wilt occupy 14,362 square feet, or 10.7 percent of the site. Open space will occupy 2.55 acres, or 82.6 percent of the site. ENVIRONMENTAL DATA; A check of the Agency's maps indicates that no public wells or wetland hazard areas are present. The southern part of this property lies in the 100 year flood plain. The Uniroyal Superfund site is near this property. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer made the following comments: municipal sewer and water to this property need to be addressed. 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 plan. In the staffs opinion, given the other commercial uses and zoning in the area, "C" Commercial is appropriate for this site. C ~ m ; D 0 ~ t W O ~ SINCIE FAYILY DOUGLAS RD. PETITION REA SI LE FAYI COR CT. 0 ~ o d ~~ o I m r~ o O ~ ~ ~ YOB HOYf PARK a.~ 0 !b 7 •+ N SIHG~ ILY ' I~ SINCII: FAYIIY U c m s m ~ ~ ~ . ~ o N MC ERLAIN ST.N REZONING FROM: "A" RESIDENTIAL, "A" HEIC~itt ~ ~ p-rir.~- TO: "C" COMMERCIAL, "A" HEIGHT 8~ AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL D ST. JOSEPH COUNTY EXISTING ZONING "R" R E i D NTIAL ~~ MISHAWAKA EXISTING ZONING APC # 2236-03 "R-4" MANUFACTURED RES.O O goo zoo "S-2" PLANNED UNIT DEV. O 4 O Graphic Scale S. BEND CORP. BOUNDARY - - -' MISHAWAKA CORP. BOUNDARY- - PETITION AREA ~