HomeMy WebLinkAboutAnnexation - 17185 & 17240 Douglas Road - Jerry & Marguery Macri & Richard & Ann LaFree & Eclipse LLCORDINANCE No.
9317-02
Passed by the Common Council of the City of South Bend, Indiana
April 8,
Attest:
Attest:
Presented by me to the Mayor of the Ciry of Soutlt Bend, Indiana
City Clerk
President of Common Council
City Clerk
Approved and signed by me April 9, 20 02
Mayor
20 02
ORDINANCE NO. ~ ~ ~ ~ ~0
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 CLAY TOWNSHIP CONTIGUOUS THEREWITH;
(JERRY & MARGUERY MACRI AND RICHARD & ANN LAFREE &
ECLIPSE LLC)
(17,185 AND 17,240 BLOCK OF DOUGLAS ROAD
SOUTH BEND, INDIANA 46635)
PHASE III
STATEMENT OF PURPOSE AND INTENT
A Petition for the voluntary annexation and for the zoning of 9.17
acres located in Clay 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, and to establish a
zoning district for this territory.
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:
ANNEXATION LEGAL DESCRIPTIONS
PARCEL I. (ANNEXATION).
THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH,
RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32 WHICH IS S. 00°-00'-
00" W. (ALL BEARINGS ASSUMED), 444.00 FT. MORE OR LESS FROM THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 32; THENCE S. 00°-00'-00" W. ALONG SAID WEST LINE, 20.00
FT. MORE OR LESS; THENCE N. 90°-00'-00" E., ALONG THE SOUTH LINE OF A
PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02-2023-0548
IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE, 66.8
FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT
LINE; THENCE S. 00° -00'-00" W. ALONG SAID CORPORATE LINE, 288.5 FT.
MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY
IDENTIFICATION NUMBER OF 02-2023-0548.10 IN THE RECORDS OF -SAID
AUDITOR'S OFFICE; THENCE S. 90 -00'-00" W. ALONG THE NORTH LINE OF SAID
PARCEL, 96.8 FT. MORE OR LESS TO THE WEST LINE OF 34TH STREET (BEING A
PAPER STREET); THENCE N. 00°-00'-00" E. ALONG SAID WEST LINE AND ITS
NORTHERLY EXTENSION, 312 FT. MORE OR LESS TO THE NORTH LINE OF ELKINS
2
STREET; THENCE ALONG SAID NORTH LINE IN A SOUTHEASTERLY DIRECTION, 31
FT. MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 0.66 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL II. (ANNEXATION AND REZONING TO "O" OFFICE).
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29 AND THE NORTHEAST
QUARTER OF SECTION 32, BOTH BEING IN TOWNSHIP 38 NORTH, RANGE 3 EAST,
CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF DOUGLAS ROAD
WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 29; THENCE N. 00°-00'-00" E. ALONG SAID WEST LINE, 346.2
FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY
IDENTIFICATION NUMBER OF 02-2019-0425 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 90°-00'-00" E. ALONG THE
NORTH LINE OF SAID PARCEL, 220 FT. MORE OR LESS; THENCE S. 00°-00'-00"
W., 462.2 FT. MORE OR LESS TO THE SOUTH LINE OF SAID DOUGLAS ROAD;
THENCE S. 90° -00'-00" W. ALONG SAID SOUTH LINE, 325.70 FT. MORE OR
LESS; THENCE N. 00°-00'-00" E., 80.00 FT. MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 2.15 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL III. (ANNEXATION AND REZONING TO "C" COMMERCIAL, "A" HEIGHT &
AREA).
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29 AND THE NORTHEAST
QUARTER OF SECTION 32, BOTH BEING TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING
AT A POINT ON THE NORTH LINE OF DOUGLAS ROAD WHICH IS N. 90°-00'-00"
E., 220 FT. MORE OR LESS FROM THE POINT OF INTERSECTION OF THE NORTH
LINE OF DOUGLAS ROAD WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 29; THENCE N. 00°-00'-00" E., 346.2
FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY
IDENTIFICATION NUMBER OF 02-2019-0425 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 90°-00'-00" E. ALONG THE
NORTH LINE OF SAID PARCEL, 776.2 FT. MORE OR LESS TO THE EAST LINE OF
SAID PARCEL AND THE EXISTING CORPORATE LIMIT LINE OF THE CITY OF
MISHAWAKA; THENCE S. 00°-00'-00" W. ALONG SAID EAST LINE AND CORPORATE
LINE, 346.2 FT. MORE OR LESS TO THE NORTH LINE OF SAID DOUGLAS ROAD AND
THE EXISTING CORPORATE LIMIT LINE FOR THE CITY OF SOUTH BEND; THENCE S.
90° -00'-00" W. ALONG SAID NORTH LINE AND CORPORATE LINE, 670.5 FT. MORE
OR LESS; THENCE S. 00°-00'-00" W., 80.00 FT. MORE OR LESS TO THE SOUTH
LINE OF SAID DOUGLAS ROAD; THENCE S. 90°-00'-00" W. ALONG SAID SOUTH
LINE, 105.70 FT. MORE OR LESS; THENCE N. 00°-00'-00" E., 80.00 FT. MORE
OR LESS TO THE POINT OF BEGINNING.
CONTAINING 6.36 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
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.
3
SECTION 222. 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 above described real estate, with the exception
of all adjacent rights-of-way, is hereby established as "O" Office
District for said Parcel II and to "C" Commercial, "A" Height & Area
for said Parcel III 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 4th Councilmanic District of the City of South
Bend, Indiana.
SECTION V. This Ordinance shall be in full force and effect 30 days
from and after its passage by the Common Council, approval by the
Mayor, and legal publication.
MEMBER OF THE C MMON COUNCIL
1 st READING .L ~~ l'6Z
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PUBLIC HEARING ~-Z ~" OZ
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NOT APPROVED
REFERRED R'~. 'Z,`t~ OZ y,,~,(
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
12-02 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 CLAY TOWNSHIP CONTIGUOUS
THEREWITH; JERRY & MARGUERY MACRI AND RICHARD & ANN
LAFREE & ECLIPSE LLC, 17,185 AND 17,240 BLOCK OF DOUGLAS
ROAD, SOUTH BEND, INDIANA PHASE III
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.
Karl King
Chairman
EXHIBIT "A"
PARCEL I. (ANNEXATION).
THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH,
RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32 WHICH IS S. 00°-00'-
00" W. (ALL BEARINGS ASSUMED), 444.00 FT. MORE 0~2 LESS FROM THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SAID SECTION 32; THENCE S. 00°-00'-00" W. ALONG SAID WEST LINE, 20.00
FT. MORE OR LESS; THENCE N. 90°-00'-00" E., ALONG THE SOUTH LINE OF A
PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02-2023-0548
IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE, 66.8
FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT
LINE; THENCE S. 00 -00'-00" W. ALONG SAID CORPORATE LINE, 288.5 FT.
MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY
IDENTIFICATION NUMBER OF 02-2023-0548.10 IN THE RECORDS OF SAID
AUDITOR'S OFFICE; THENCE S. 90°-00'-00" W. ALONG THE NORTH LINE OF SAID
PARCEL, 96.8 FT. MORE OR LESS TO THE WEST LINE OF 34TH STREET (BEING A
PAPER STREET); THENCE N. 00°-00'-00" E. ALONG SAID WEST LINE AND ITS
NORTHERLY EXTENSION, 312 FT. MORE OR LESS TO THE NORTH LINE OF ELKINS
STREET; THENCE ALONG SAID NORTH LINE IN A SOUTHEASTERLY DIRECTION, 31
FT. MORE OR LESS TO THE POINT OF BEGINNING.
CONTAINING 0.66 ACRES MORE OR LESS
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL II (ANNEXATION AND REZONING TO "O" OFFICE)
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29 AND THE NORTHEAST
QUARTER OF SECTION 32, BOTH BEING IN TOWNSHIP 38 NORTH, RANGE 3 EAST,
CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF DOUGLAS ROAD
WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 29; THENCE N. 00°-00'-00" E. ALONG SAID WEST LINE, 346.2
FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY
IDENTIFICATION NUMBER OF 02-2019-0425 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 90°-00'-00" E. ALONG THE
NORTH LINE OF SAID PARCEL, 220 FT. MORE OR LESS; THENCE S. 00°-00'-00"
W., 462.2 FT. MORE OR LESS TO THE SOUTH LINE OF SAID DOUGLAS ROAD;
THENCE S. 90° -00'-00" W. ALONG SAID SOUTH LINE, 325.70 FT. MORE OR
LESS; THENCE N. 00°-00'-00" E., 80.00 FT. MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 2.15 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL III. (ANNEXATION AND REZONING TO "C" COMMERCIAL "A" HEIGHT &
AREA
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29 AND THE NORTHEAST
QUARTER OF SECTION 32, BOTH BEING TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING
AT A POINT ON THE NORTH LINE OF DOUGLAS ROAD WHICH IS S. 90°-00'-00"
W., 220 FT. MORE OR LESS FROM THE POINT OF INTERSECTION OF THE NORTH
LINE OF DOUGLAS ROAD WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 29; THENCE N. 00°-00'-00" E., 346.2
FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY
IDENTIFICATION NUMBER OF 02-2019-0425 IN THE RECORDS OF THE ST. JOSEPH
COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 90°-00'-00" E. ALONG THE
NORTH LINE OF` SAID PARCEL, 776.2 FT. MORE OR LESS TO THE EAST LINE OF
2
EXHIBIT "A" CONTINUED
SAID PARCEL AND THE EXISTING CORPORATE LIMIT LINE OF THE CITY OF
MISHAWAKA; THENCE S. 00°-00'-00" W. ALONG SAID EAST LINE AND CORPORATE
LINE, 346.2 FT. MORE OR LESS TO THE NORTH LINE OF SAID DOUGLAS ROAD AND
THE EXISTING CORPORATE LIMIT LINE FbR THE CITY OF SOUTH BEND; THENCE S.
90° -00'-00" W. ALONG SAID NORTH LINE AND CORPORATE LINE, 670.5 FT. MORE
OR LESS; THENCE S. 00°-00'-00" W., 80.00 FT. MORE OR LESS TO THE SOUTH
LINE OF SAID DOUGLAS ROAD; THENCE S. 90°-00'-00" W. ALONG SAID SOUTH
LINE, 105.70 FT. MORE OR LESS; THENCE N. 00°-00'-00" E., 80.00 FT. MORE
OR LESS TO THE POINT OF BEGINNING.
CONTAINING 6.36 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD.
Revised 2/25/02
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. Clay
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:
17,185 and 17,240 Block of Douglas Road
South Bend, Indiana 46635
5). That the name and address of the property owner(s) of the
petition site is:
Jerry & Marguery Macri Richard & Ann Lafree
15575 Victorian Court 804 Lincolnway East
Granger, Indiana 46530 Mishawaka, Indiana 46544
(574) 277-4988 (574) 256-6638
Eclipse LLC
2400 Miracle Lane
Mishawaka, Indiana 46545
(574) 256-6638
6). That the name and address of the contingent purchaser(s), if
applicable, is:
N/A
7). The parcels are 9.17+/- acres in size and currently has
the following use(s) on it: Vacant land.
8). It is desired and requested that a portion of the petition
site be rezoned:
Parcel II l"O" Office)
From: "R" Residential (County Zoning)
To: "O" Office District
for the following uses: Office-Uses -
2
Parcel III ("C" Commercial)
From: "R" Residential (County Zoning)
To: "C" Commercial, "A" Height & Area
for the following uses: Commercial jjses consistent
with a typical small stria shopping center
development includinct uses with a drive-
hru window
9). The following information has been submitted with the
Petition:
a). 1. A legal description of the property, titled as Exhibit
nAn.
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;
2a. 6 copies of a Preliminary site plan.
3. Addressed, stamped envelopes-for all property~ow~ers
within 300 feet of the petition property.
b). By signing this petition, I and any contingent purchaser
understand that if the Council approves this petition to
annex and zone, 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 "A" Residential, "A" Height & Area zoning
classification. Under certain conditions, a time
extension on the submittal of the final site plan may be
requested.
10). The signature(s) of all property owner(s), or Attorney for
all property owner(s)
. ~
Signed.
J Ma ri
Address: 155 ctorian Court
Granger, Indiana 46530
Phone Number: (574) 277-4988
M e Macri
15575 ctorian Court
Granger, Indiana 46530
(574) 277-4988
Signed:
')2ichard Lafree
Address: 804 Lincolnway East
Mishawaka, Indiana 46544
Phone Number: (574) 256-6638
Ann Lafree
804 Lincolnway East
Mishawaka, Indiana 46544
(574) 256-6638
3
Signed:
Richard Lafree for
Eclipse LLC
Address: 2400 Miracle Lane
Mishawaka, Indiana 46545
Phone Number: (574) 256-6638
11). Name, Address & Phone Number of Contact Person/Preparer:
Danch, Harner & Associates, Inc.
C/0 Michael Danch
2422 Viridian Drive, Suite 201
South Bend, Indiana 46628 (219) 234-4003.
Property Owners
Within 300 Feet
Sally Harvey Roland J. and Patsy Forrester Trustee of Elizabeth B. Berger
17264 St. Rd. 23 17120 Cherokee Dr. 17130 Cherokee Dr.
South Bend, IN. 46635 South Bend, iN. 46635 South Bend, IN. 46635
Tax Key # 02 2019 042501 Tax Key # 02 2019 042408 Tax Key # 02 2019 042409
George C. & Florence R Hupp Richard and Rebecca S. Stevens pain T, and Carolyne J. Wallace
17140 Cherokee Dr. 17150 Cherokee Dr. 17160 Cherokee Dr.
South Bend, IN. 46635 South Bend, IN. 46635
Tax Key # 02 2019 042410 Tax Key # 02 2019 04241 1 South Bend, IN. 46635
Tax Key # 02 2019 042412
Sally Harvey LP Partners State Road 23 Robert B. and Barbara J. Tharp
17264 S.R 23 P.O. Box 1331 53842 Generations Dr.
South Bend, IN. 46635 South Bend, 1N. 46624 South Bend, IN. 46635
Tax Key # 02 2019 042413 Tax Key # 02 2019040923 Tax Key # 02 2019 040936
Linda J. Harper St. Joseph Care Group Inc. Tower Federal Savings and Loan Assoc.
17288 State Rd. 23 801 E. LaSalle Ave. 32100 Telegraph Rd. Ste 100
South Bend, IN. 46635 South Bend, IN. 46617 Franklin, MI. 48025
Tax Key # 02 2019 041103 Tax Key # 02 2019 040917 Tax Key # 02 2019 041 101
Walter L. and Sophie A. Rhodes Ronald J. and Mary Kay Pecsi Ronald J. and Mary Kay Pecsi
17295 Douglas 12d. 17253 Douglas Rd. 17253 Douglas I2d.
South Bend, IN. 46635 South Bend, lN. 46635 South Bend, IN. 46635
Tax Key # 02 2019 041105 Tax Key # 02 2019 041106 Tax Key # 02 2019 041 104
Tower Federal Savings and Loan Assoc. Trustee of Susie Ritchey Daniel R Luczynski & James V. With
32100 Telegraph Rd. Ste. 100 17306 E. Douglas Rd. 59370 I~'ickory ltd.
Franklin, MI.48025 South Bend, 1N. 46635 South Bend, IN. 46614
Tax Key # 02 2019 041102 Tax Key # 02 2157 7493 Tax Key # 02 2157 7494
Ber B. Refugio Mark F. and Mary T. Heller John P. and Kathleen Nagy
17260 Douglas Rd. 17365 Elkins St. 17345 Elkins St.
South Bend, IN. 46635 South Bend, IN. 46635 South Bend, IN. 46635
Tax Key # 02 2157 7495 Tax Key # 02 2157 7498 Tax Key # 02 2157 7497
John P. and Kathleen Nagy Shirley J. Combs James R Kuehl
17345 Elkins St. 55062 Ryan Place Dr. P.O. Box 928
South Bend, IN. 46635 Osceola, IN. 46561 South Bend, IN. 46624
Tax Key # 02 2157 7496 Tax Key # 02 Z I57 7500 Tax Key # 02 2151 6959
James R Kuehl James R and Joyce A. Kuehl Annie F. Ricks
P.O. Box 928 P.O. Box 928 17250 Mcerlain
South Bend, IN. 46624 South Bend, IN. 46624 South Bend, IN. 46635
Tax Key # 02 2151 6958 Tax Key # 02 2151 6957 Tax Key # 02 2023 054802
Clarence M, and Lila A. Surges Trustee of Frank V. Mulligan Clarence M. and Lila A. Surges
17220 Mcerlain St. 1 Old Trail Rd. 17220 Mcerlain St.
South Bend, 1N. 46635 Englewood, Florida 34223 South Bend, lN. 46635
Tax Key # 02 2023 054803 Tax Key # 02 2023 054810 Tax Key # 02 2023 054812
Louis J. and Betty Lou Pohnan
18627 Beach Way
South Bend, IN. 46637
Tax Key # 02 2023 054809
Paul R and Mary K. Lacluyze
17242 Douglas Road
South Bend, IN. 46635
Tax Key # 02 2023 0548
Bernard J. Thomas
P.O. Box 128
Mishawaka, IN. 46546
Tax Key # 02 2023 054801
Richard LaFree
804 LincolnWay East
Mishawaka, IN .46544
Tax Key # 02 2023 054808
John A. Piraccini & J. Webb Steely
5510 Shaughn Dr.
Mishawaka, IN. 46545
Tax Key # 29 2019 0426
Frances and Ruth Rupley
16974 Douglas Rd.
Mishawaka, IN. 46544
Tax Key # 02 2023 0550
Juday LLC
519 Ostemo Place
South Bend, IN. 46617
Tax Key # 02 2024 055002
i f~ rr, ~::~ ~ ~~~ -
~~ Uanch, F/arner ~ ~1 ssocia tes, Inc.
MICHAEL J. DANCH, L.A.
RON HARNER, P.S.
DANIEL W. AKIN, P.E., L.S.
Land Surveyors Professional Engineers
Landscape Architects Land Planners
Honorable Members of the City of February 5, 2002
South Bend .Common Council
4th Floor County-City Building
South Bend, Indiana 46601
RE: Annexation and Rezoning Petition for Macri, Lafree and
Eclipse LLC in the 17240. and 17,185 Block of
Douglas Road, South Bend, Indiana:
Dear Council Members:
Our clients are requesting the Annexation and Zoning of their
property located in the 17,240 and 17,185 Block of Douglas Road, South
Bend, Indiana. The owners wish to bring their properties into the City
of .South Bend and this petition represents the third phase of that
process. The zoning requested, is for the small portion of property on
the South side of Douglas (ie 17240) to be "A" Residential with the
property on the North side of Douglas Road (ie 17185) to be "O" Office
for Parcel II and "C" Commercial for Parcel III.
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, Harner & Associates, Inc.
File # 000735.1 Lewp Md Disk # 126
_ _ ~~. ~'?
~F Q ~ ~a~f
~..,~
2422 viridian Drive, Suite 201 South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103
office 219/234-4003 ^ 800/594-4003 ^ Fax 219/234-4119 office 6161471-3010 ^ Fax 616/471-7237
Area Plan Commission of St. Joseph County
1140 County-City Building-
227 West Jefferson Blvd.
Robert W. Sante
Executive Director
South Bend, Indiana 46601
John W. Byorni
Assistant Director
Phone 574 235-9571
Mazch 20, 2002
The Honorable Common Council
City of South Bend ~ J
County City Bldg. - 4th Floor
South Bend, IN 46601
Fax 574 235-9813
RE: A proposed ordinance and site development plan of Je ~~ and Mazguery~ Macri, et al to zone
from R Residential (County Zoning) to O Office and ~ Commercial, A Height and Area,
property located at the 17,185 and 17,240 block of Douglas Road, City of South Bend - APC
#2132-02
Dear Council Members:
The above referenced ordinance and site development plan of Jerry and Mazgguuery Macri, et al was
le ally advertised Mazch 7, 2002. The Area Plan Commission at its public heazmg on Mazch 19,
202, took the following action:
Upon a motion by Dave McKee, being seconded by John DeLee and unanimously carried, the
Rro~osed ordinance and site development plan of Jerrryy and Marguery Macri, et al to zone from
R' Residential (County Zoning) to "O" Office and "C" Commercial, "A" height and Area,
property located at the 17185 and 17240 block of Douglas Road, City of South Bend is sent to the
Common Council with a favorable recommendation, subject to a Final Site Developpwent Plan
showing: 1. the number of curb cuts accessing Douglas Road be reduced by two; Z. the number
of parking spaces be reduced to reflect only the required numbers specifically relative to the
commercial development; 3. that the two office pods on the west end of the development be
moved further east to provide additional buffer space between them and the ad'acent residential
property to the west; 4. detailed landscaping plan that provides real quality of~e improvement to
the streetscape, specifically the size and types of trees to be planted, additional tree coverage on
the interior of the parking lot area and year around screening material aloeg the north property
line; and 5. an effort to provide a building facade that provides genuine curb appeal.
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 the Ordinance 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 heazmg, and will be forwazded to you at a later
date to be made a part of this report.
Attached,, for your consideration in the review of this matter, is a copy of the Area Plan
Commission's Staff Report.
S' re
Ro ert W. Sante
RWS:sr
Attachment
CC: Jerry and Mazguery Macri, et al
CC: Richard and Ann LaFree
CC: Danch, Hamer & Associates
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Jerry and Marauerv Macri, et al 2132-02
Location: the 17,185 and 17,240 block of
Douglas Road
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "R" Residential (County Zoning) to "O"
Office, and "C" Commercial, "A" Height and
Area to allow commercial uses consistent with
a typical small strip shopping development
including uses with a drive-thru window and
office uses.
EXISTING LAND USE: The property is currently vacant land.
SURROUNDING LAND USE AND ZONING: Located to the north and west are
single-family homes zoned "R" Residential; to
.the east is vacant land in the City of
Mishawaka zoned "S-2" Planned Unit Development
for commercial facilities; and to the south
across Douglas Road are single-family homes
zoned "R" Residential and a single-family home
and vacant land in the City of South Bend
zoned "A" Residential, "A" height and area.
ACCESS: Access to the site is from Douglas Road.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer will be available to the site.
DRAINAGE: The drainage has been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 8 acres. Of
that, the buildings will occupy 1.5 acres, or
19 percent of the site; the parking and drives
will occupy 4.1 acres, or 51 percent of the
site; and 2.4 acres or 30 percent of the site
will remain as open apace.
ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no
public wells, flood hazards or wetlands are
present. The Douglas Road/Uniroyal Superfund
site is located northeast of the site.
SITE PLAN: The site plan is preliminary.
AGENCY COMMENTS•
PRELIMINARY
STAFF 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, subject to a final
site development plan. It is the staff's
opinion that proposed development is
consistent and compatible with the recently
approved office complex to the south across
Douglas Road, as well as, with the established
land uses to the east in the City of
Mishawaka. The proposed "O" Office zoning for
the western portion of the site would act as a
buffer for the residential uses to the west
from the proposed commercial uses to the east.
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