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HomeMy WebLinkAbout65-25 Special Exception and Use Variance at 628 Western Avenue Filed in Clerk's Office City of South Bend BOARD OF ZONING APPEALS BiancaTirado City Clerk, South Bend, IN September 17, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception and Use Variance at 628 Western Ave Dear Committee Chair Dr. Davis: Enclosed are Ordinances for the proposed Special Exception and Use Variance at the above referenced location. Please include the attached Ordinances on the Council agenda for first reading at your September 22, 2025, Council meeting and set it for public hearing at your October 13, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the October 6, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: This petition is for a property that is being developed as part of a large-scale, mixed-use redevelopment project. The plan for this property is to build two-and three-story walk-up apartment buildings, as well as a taller elevator apartment building that will also contain a daycare and potential retail space. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, CrA Tim Staub Zoning Specialist CC: Bob Palmer County-City Building 227 W. Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 65-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 628 WESTERN AVE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This petition is for a property that is being developed as part of a large-scale, mixed-use redevelopment project. The plan for this property is to build two and three story walk-up apartment buildings, as well as a taller elevator apartment building that will also contain a daycare and potential retail space. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 628 WESTERN AVE. 018-3049-1859 In order to permit Day Care Center(21-06.01(k)(10)), and requesting that a Use Variance be granted for this property: In order to allow Retail and Service, General (21-06.01(k)(16)) in U3 Urban Neighborhood 3 SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. As to the Use Variance, The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variance is sought; and 4. The approval does not interfere substantially with the Comprehensive Plan. SECTION V. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION VI. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2025, at o'clock .m. - 2 - Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 3 - City of South Bend 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-11-426-001.000-026 Address: 628 Western Avenue, South Bend, IN 46601 Owner: Housing Authority of South Bend Zoning: U3 Urban Neighborhood 3 Project Summary: Housing Authority of South Bend South Site (Western, Taylor, South, and Scott) Redevelopment of the northern portion of site into mixed income development with approximately 160 apartments in walk-up and elevator buildings. See site plan. Requested Action ✓0 Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Day Care or Retail (at corner of Western and Taylor) • Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1. From 15' maximum residential front yard setback to 130' along the south side of a new proposed east-west street through the property, to allow for the development of a new privately developed park for residents within that setback. 2. From 15' maximum front yard setback to 20'. 3. From 120' maximum building length to 290'. 4. From 4 stories and 55' maximum to 5 stories and 60' maximum. This would only apply to the new building at the southwest corner of the intersection of Western and Taylor. Other buildings within the site would conform to the 4 story 55' maximum. Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale ❑ Filing Fee Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The approval of the Special Exception should not be injurious to the general welfare of the community. The request to allow a Day Care Center is in line with the vision of the Downtown South Bend Master Plan as well as community feedback. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: A Day Care Center would be a positive amenity for families within the development and in the surrounding neighborhoods. This should not detrimentally affect surrounding properties. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The development area is adjacent to a variety of building uses, and a Day Care Center is appropriate for a mixed-use neighborhood near downtown. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Community engagement through plan studies and charrettes have identified a Day Care Center as a desire of neighbors in the plan area. Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The approval of the variances should not be injurious to the general welfare of the community. The variances are in line with the vision for site as described in the draft Downtown South Bend Master Plan and will enable the development of the site as a mixed-income neighborhood with a variety of building sizes and amenities. (2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The surrounding properties vary extensively in their use and scale. The proposed variances reflect this, and will enable the development of a site that is currently vacant or under demolition orders. The new development would have a maximum of 5 stories, while the existing building to be demolished has 6 stories. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: Existing minimum setbacks would not allow responsiveness to existing conditions and would prevent the creation of a new park. The existing maximum building length would prevent a longer residential building at the corner of Taylor and Western and the addition of another story allows for a larger building to match nearby development and address a prominent street with higher density. Retail is also prevented by U3, but would be an asset along Western. (4)The variance granted is the minimum necessary, because: The variances requested will allow for the successful and contextually responsive development of the site for a variety of incomes and family sizes, and are in line with the proposed vision for the site as described in the draft Downtown South Bend Master Plan. The changes requested via variances are the minimums necessary to develop the site based on this vision and the specific challenges of developing mixed-income and mixed-density projects. (5) The variance does not correct a hardship caused by a former or current owner of the property, because: The current owner of the site is the Housing Authority of South Bend, and the existing lot for this section of the project is vacant or under demolition order. Contact Information Property owner(s) of the petition site: Name: Housing Authority of South Bend Address: 501 Alonzo Watson Dr. South Bend, IN 46601 Name: Address: Name: Address: Contact Person: Name: Samuel Lima Address: 1126 Lincolnway East South Bend, IN 46601 Phone Number: 574-288-2654 slima@kilarchitecture.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s)olaia fix . LEGAL DESCRIPTION (PER TITLE COMMITMENT#NCS-1139238-STLO): PARCEL 1: THE EAST HALF (1/2)OF THE SOUTH HALF(1/2)OF THE SOUTH HALF(1/2) OF LOT NUMBERED FIFTY-SEVEN (57) SHOWN ON THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA. PARCEL 2: A PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING IN THE NORTH LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)AT A POINT ONE HUNDRED THREE AND SEVEN TENTHS (103.7) FEET WEST OF THE NORTH EAST CORNER OF SAID BANK OUT LOT FIFTY-EIGHT(58) RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)A DISTANCE OF ONE HUNDRED SEVENTEEN AND SEVEN TENTHS (117.7) FEET;THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)A DISTANCE OF FIFTY-EIGHT(58) FEET; THENCE EAST ONE HUNDRED SEVENTEEN AND SEVEN TENTHS (117.7) FEET;THENCE NORTH FIFTY-EIGHT(58) FEET TO THE POINT OF BEGINNING;TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR PRIVATE DRIVEWAY PURPOSES OVER THE FOLLOWING DESCRIBED STRIP OF LAND, TO-WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID BANK OUT LOT FIFTY-EIGHT(58), RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)A DISTANCE OF TWO. HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET; THENCE SOUTH NINE(9) FEET; THENCE EAST TWO. HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE EAST LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58); THENCE NORTH NINE (9) FEET TO THE PLACE OF BEGINNING. PARCEL 3: A PART OF BANK OUT LOT NUMBER FIFTY-EIGHT(58)AS SHOWN ON THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS, VIZ: BEGINNING AT THE NORTH WEST CORNER OF SAID BANK OUT LOT NUMBER FIFTY-EIGHT(58)THENCE RUNNING SOUTH WITH THE WEST LINE THEREOF THIRTY- SEVEN AND THIRTEEN HUNDREDTHS (37.13) FEET;THENCE EAST PARALLEL. WITH THE NORTH LINE OF SAID BANK OUT LOT TWO HUNDRED TWENTY-ONE AND FOUR TENTHS(221.4) FEET; THENCE NORTH THIRTY-SEVEN AND THIRTEEN HUNDREDTHS (37.13) FEET TO THE NORTH LINE OF SAID BANK OUT LOT NUMBER FIFTY-EIGHT(58),THENCE WEST WITH SAID LINE TWO HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE PLACE OF BEGINNING. PARCEL 4: PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; RUNNING THENCE SOUTH FIFTY-EIGHT(58) FEET;THENCE WEST ONE HUNDRED THREE AND SEVEN TENTHS (103.7) FEET; THENCE NORTH FIFTY-EIGHT(58) FEET TO THE NORTH LINE OF SAID LOT; THENCE EAST ALONG SAID NORTH LINE ONE HUNDRED THREE AND SEVEN TENTHS (103.7) FEET TO THE PLACE OF BEGINNING.TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR PRIVATE DRIVEWAY PURPOSES OVER THE FOLLOWING DESCRIBED STRIP OF LAND: BEGINNING AT THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED FIFTY-EIGHT (58), RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF TWO HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET;THENCE SOUTH NINE (9) FEET; THENCE EAST TWO HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH NINE (9)FEET TO THE PLACE OF BEGINNING. PARCEL 5: A PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING FIFTY-EIGHT(58) FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT NUMBERED FIFTY-EIGHT(58), RUNNING THENCE. SOUTH SIXTY-FOUR; (64)FEET; THENCE WEST TWO HUNDRED TWENTY-ONE AND ONE-FIFTH (221 1/5) FEET; THENCE NORTH SIXTY-FOUR(64) FEET;THENCE EAST TWO HUNDRED TWENTY-ONE AND ONE-FIFTH (221 1/5) FEET TO THE PLACE OF BEGINNING. PARCEL 6: BANK OUT LOT NUMBERED FIFTY-SIX(56) IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,AS RECORDED IN PLAT BOOK 1, PAGE 64 IN THE RECORDER'S OFFICE OF SAID COUNTY, WHICH PART IS BOUNDED BYA LINE RUNNING AS FOLLOWS, VIZ: BEGINNING ATA POINT ONE (1)CHAIN THIRTY-TWO AND ONE-HALF (32 1/2) LINKS NORTH OF THE ORIGINAL SOUTHWEST CORNER OF BANK OUT LOT NUMBERED FIFTY-SIX(56) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA;THENCE RUNNING EAST THREE (3)CHAINS AND THIRTY-FIVE(35) LINKS; THENCE SOUTH THIRTY-SIX AND SIXTY-THREE HUNDREDTHS (36.63) FEET; THENCE WEST THREE (3) CHAINS AND THIRTY-FIVE. (35) LINKS;THENCE NORTH THIRTY-SIX AND SIXTY-THREE HUNDREDTHS (36.63) FEET TO THE PLACE OF BEGINNING. PARCEL 7: PART OF THE WEST HALF (1/2)OF THE NORTH HALF(1/2)OF BANK OUT LOT NUMBERED FIFTY- SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING ATA POINT SIXTY-EIGHT AND ONE-TENTH (68.1) FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT FIFTY- SEVEN (57); THENCE EAST ONE HUNDRED TWENTY-FOUR AND FIVE TENTHS (124.5) FEET; THENCE SOUTH THIRTY AND THREE TENTHS (30.3) FEET;THENCE WEST ONE HUNDRED TWENTY-FOUR AND FIVE TENTHS(124.5) FEET; THENCE NORTH THIRTY AND THREE-TENTHS (30.3) FEET TO THE PLACE OF BEGINNING. PARCEL 8: PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING ON THE EAST LINE OF SCOTT STREET AT THE SOUTHWEST CORNER OF THE NORTH HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY--EIGHT THENCE EAST ALONG THE SOUTH LINE OF THE NORTH HALF(1/2 OF SAID BANK OUT LOT NUMBERED FIFTY-EIGHT(58),TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS(223. 03) FEET TO THE EAST LINE OF THE WEST HALF (1/2)OF SAID BANK OUT LOT 2 NUMBERED FIFTY-EIGHT (58);THENCE NORTH THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57)FEET; THENCE WEST TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS (223.03) FEET TO THE EAST LINE OF SCOTT STREET;THENCE SOUTH ALONG THE EAST LINE OF SAID SCOTT STREET THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57) FEET TO THE PLACE OF BEGINNING. PARCEL 9: THE SOUTH HALF(1/2) OF THE WEST HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY-EIGHT (58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, BEING ATRACT OF LAND NINETY-FIVE AND SEVENTY- HUNDREDTHS (95.70)FEET IN WIDTH, NORTH AND SOUTH, BY TWO HUNDRED TWENTY-ONE AND FORTY-THREE HUNDREDTHS (221.43) FEET IN LENGTH, EAST AND WEST. PARCEL 10: THE WEST HALF (1/2)OF THE SOUTH ONE QUARTER (1/4)OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA. PARCEL 11: A PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57) IN THE STATE BANK OF INDIANA'S FIRST ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57), THENCE RUNNING EAST WITH THE NORTH LINE OF SAID LOT ONE HUNDRED (100)FEET, THENCE SOUTH TWENTY-FIVE (25) FEET;THENCE WEST ONE HUNDRED (100) FEET TO THE EAST LINE OF SCOTT STREET, THENCE NORTH TWENTY-FIVE (25) FEET TO THE PLACE OF BEGINNING, BEING TWENTY-FIVE FEET NORTH AND SOUTH BY ONE HUNDRED (100) FEET EAST AND WEST OUT OF THE NORTHWEST CORNER OF SAID LOT. PARCEL 12: PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING ATA POINT TWENTY-THREE AND THREE TENTHS(23.3) FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTH HALF (1/2)OF THE WEST HALF (1/2)OF THE SOUTH HALF (1/2) OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57); RUNNING THENCE NORTH TWENTY-TWO AND SIX TENTHS (22.6) FEET; THENCE EAST ONE HUNDRED TWENTY-SIX AND SEVEN HUNDREDTHS (126.07) FEET;THENCE SOUTH TWENTY-TWO AND SIX TENTHS (22.6) FEET;THENCE WEST ONE HUNDRED TWENTY-SIX AND SEVEN HUNDREDTHS (126. 07) FEET TO THE PLACE OF BEGINNING. PARCEL 13: THE EAST ONE-HALF (1/2) OF BANK OUT LOT NUMBERED, FIFTY-EIGHT(58) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, PLATTED BY THE STATE BANK OF INDIANA, EXCEPTING A PARCEL OF LAND ONE HUNDRED TWENTY-TWO (122) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE NORTH SIDE THEREOF, LEAVING A TRACT SIXTY-NINE AND FORTY- HUNDREDTHS (69.40) FEET WIDE, NORTH AND SOUTH, BY TWO HUNDRED TWENTY-ONE AND FORTY-THREE HUNDREDTHS (221.43) FEET LONG, EAST AND WEST. PARCEL 14: A PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, WHICH PART IS BOUNDED BYA LINE RUNNING AS FOLLOWS, TO WIT: BEGINNING ATA POINT TWENTY- NINE (29) FEET SOUTH OF THE NORTH WEST CORNER OF SAID LOT NO. 57, RUNNING THENCE SOUTH TWENTY-SEVEN AND ONE TENTH (27.1) FEET; THENCE EAST ONE HUNDRED TWELVE AND FIVE TENTHS (112.5) FEET; THENCE NORTH TWENTY-SEVEN AND ONE TENTH (27.1) FEET; THENCE WEST ONE HUNDRED TWELVE AND FIVE TENTHS (112.5) FEET TO THE PLACE OF BEGINNING, TOGETHER WITH THE RIGHT AND USE OF THE TWELVE (12) FOOT PRIVATE DRIVEWAY, RUNNING. EAST AND WEST, IMMEDIATELY SOUTH OF AND ADJOINING SAID LAND. PARCEL 15: THE EAST HALF OF THE NORTH HALF OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA, PLATTED BY THE STATE BANK OF INDIANA. PARCEL 16: PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING AT A POINT 100 FEET EAST OF THE NORTHWEST CORNER OF SAID BANK OUT LOT 57; RUNNING THENCE SOUTH 29 FEET;THENCE EAST 12 1/2 FEET; THENCE SOUTH 39.1 FEET;THENCE EAST 12 FEET; THENCE SOUTH 52.9 FEET;THENCE EAST 97.26 FEET; MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF SAID BANK OUT LOT 57; THENCE NORTH TO THE NORTH LINE OF SAID BANK OUT LOT 57; THENCE WEST ALONG SAID NORTH LINE TO THE PLACE OF BEGINNING. PARCEL 17: THE NORTH ONE-HALF (1/2)OF THE SOUTHEAST QUARTER(1/4)OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA. PARCEL 18: PART OF BANK OUT LOT NUMBERED FIFTY/SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF(1/2)OF THE WEST HALF (1/2) OF THE SOUTH HALF (1/2)OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57); RUNNING THENCE NORTH 23.3 FEET;THENCE EAST 223 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF (1/2 OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57); THENCE SOUTH 23.3 FEET; THENCE WEST 223 FEET, MORE OR LESS.TO THE PLACE OF BEGINNING. TOGETHER WITH AN EASEMENT AND RIGHT-OF-WAY AND THE USE OF A DRIVEWAY FROM SCOTT STREET INTO A PART OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57), WHICH SAID DRIVEWAY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT A POINT 56.1 FEET SOUTH OF THE NORTHWEST CORNER OF THE WEST HALF(1/2)OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57); THENCE SOUTH 10 FEET; THENCE EAST 223 FEET, MORE OR LESS,TO THE EAST LINE OF SAID WEST HALF (1/2)OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57);THENCE NORTH 10 FEET; THENCE WEST 223 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, SAID DRIVEWAY TO BE USED FOR INGRESS AND EGRESS TO THE ABOVE DESCRIBED PREMISES. PARCEL 19: LOT NUMBERED FIVE (5), SIX (6)AND SEVEN (7)AS SHOWN ON THE RECORDED PLAT OF TOUHEY AND HAGERTY'S SUBDIVISION OF BANK OUT LOT NUMBERED FIFTY-NINE (59)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA,AS RECORDED IN ST. JOSEPH COUNTY RECORD BOOK 2, ON PAGE 36. PARCEL 20: LOTS NUMBERED EIGHT(8), NINE (9),AND TEN (10)AS SHOWN ON THE RECORDED PLAT OF TOUHEY AND HAGERTY'S SUBDIVISION OF BANK OUT LOT NUMBERED FIFTY-NINE(59)OF THE STATE BANK'S FIRST ADDITION TO THE CITY OF SOUTH BEND. PARCEL 21: A LOT OR PARCEL OF LAND DESCRIBED AS BEGINNING ON THE EAST LINE OF SCOTT STREET, ATA POINT THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57) FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTH HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY-EIGHT (58) OF THE PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA PLATTED BY THE STATE BANK OF INDIANA, RUNNING THENCE EAST TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS (223.03) FEET TO THE EAST LINE OF THE WEST HALF (1/2)OF SAID BANK OUT LOT NUMBERED FIFTY EIGHT(58); THENCE NORTH TWENTY-SEVEN (27) FEET; THENCE WEST TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS (223.03) FEET TO THE EAST LINE OF SCOTT STREET;THENCE SOUTH ALONG THE EAST LINE OF SAID SCOTT STREET,TWENTY-SEVEN (27) FEET TO THE PLACE OF BEGINNING. WESTERN AVENUE TRANSFORMATION COMMUNITY ENGAGEMENT Proposed Site Plan _ _ _ , W WAYNE ST 0MI II ST THOMAS PLAZA le -• •L _ MORE ACADEMY - T`0 • r Y III 1 AWING rik„. .....__ EN Apr • ONO • ei • a. �_LJ —r—_J I__ THIS APPLICATION ONLY — PERTAINS TO THE NORTHERN SECTON OF r tr. r `v 1TH a PARKING r SECTION IS FUTURE N r �•� PARK ��•� o IS PARCEL (SOUTHERNn or 0 DEVELOPMENT) � 28 UNITS ) / RETAIL ' ( o. gJ 1 WESTERN AVE / 28 UNITS I 1 L I o C (�`-y f a i 1. QI Q _Q li--}J �.,' J PARKING i- i ..: I cb 00 �,.._0. - THIS PART OF 0 qi,, PROJECT IS L UNDER A o I4UNITs SEPARATE all �0 0 o 8o 0 0_00.914 __Q . • APPLICATION _. NEW STREET C. L_ I 0000 000000 � 00 00 _ SPECIAL 0 0o0 Bol--.��.. 00r EXCEPTION FOR AVIA�IL DAY CARE OR 0 ,°" \ I RETAIL IN THIS PARK 11h;5>' . Alik �, , j�{� _ BUILDING - P.Q -_0 _--_ _- _. a so 18 UNITS .-I ucp oo i aiila a is UNITS - _ 4-STORY ELEVATOR BUILDING ■ L___- 60 3-STORY WALK-UPS ■ Q o n C) {id i i Cp I III Id I I I c 2-STORY WALK-UPS . PARKING q 2-STORY TOWNHOUSES ■ i I I I 6 , I I I I , M I I OUTDOOR PLAY SPACE ■ PAVED AREAS N LANDSCAPED AREAS - 20 UNITS FUTURE SSAA DEVELOPMENT 35 UNITS iiL— ■ ®