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Home My WebLink About9930-09 Rezoning - 3454 Douglas Road, District 4ORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana June 8, 20 09 Attest: ' / ~~ More Rot Attest: Presented by me to the Mayor of the Ciry of Sorrtli Bend, Indiana June 9, G7; en; a~.~eki (:hi of Tlarvity 20 09 Ciry Clerk President of Common Council ~-~ `~ ~ ~^' S ~ City Clerk Mary Beth Wisniewski, Chief Deputy Approved and signed by me June 10, 2009 ~~~~~ Mayer ORDINANCE NO. ~ l 3~~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3454 DOUGLAS ROAD, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning is "CB" Community Business District and the proposed zoning for the property is "CB" Community Business District to allow for all permitted uses in "CB" Community Business District except those uses within the written commitments attached hereto. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is 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: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT 1 IN HARTMAN'S DOUGLAS ROAD MINOR, RECORDED AS INSTRUMENT NUMBER 0546777 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 139.00 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE POINT OF BEGINNING MARKED BY A FOUND LANG/FEENEY REBAR AND CAP; THENCE NORTH 89 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF 187.70 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 00 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 179.71 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DOUGLAS ROAD; THENCE NORTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 546.61 FEET TO A POINT BEING SOUTH 89 DEGREES 57 MINUTES 53 SECONDS WEST, A DISTANCE OF 455.05 FEET AND SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 711.95 FEET TO A FOUND 1/2" IRON PIPE; THENCE NORTH 89 DEGREES 59 MINUTES 21 SECONDS WEST, A DISTANCE OF 362.31 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, A DISTANCE OF 509.91 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF, BEING MARKED BY FOUND 3/4" IRON PIPE; THENCE NORTH 00 DEGREES 31 MINUTES 07 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 287.09 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 44 MINUTES 18 SECONDS EAST, A DISTANCE OF 134.10 FEET; THENCE NORTH O1 DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PURCHASE PARCEL CONTAINING 12.135 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD; THIS DESCRIPTION WAS PREPARED BY AARON BLANK, P.L.S. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON JUNE 06, 2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. be and the same is hereby established as "CB" Community Business District. 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. l ~ r Member of the ommon Council Attest: SL~v City Cle Presented by me to the Mayor of the City of South Bend, Indiana on the i -~^ day of -1 ~~- , 2008, at i ~: ~0 o'clock ~.m. --`(s-.x~-~~ City rk , ~P~ ~'°9 Approved and signed by me on the /~'~ day of ~ ; ? , at - /~ o'clock 4 .m. ~ ~~~ Mayor o the City o outh Bend, Indiana 1 st READING_ 1 p-Ll -~~ 1 .~ pq Cc.S Sw~oS~~ PUBLIC HEARING 6'~ c 3 rd READING b--8'`~`~ ~''"~ Su~os~-ti-.~ {}~~ NOT APPROVED \ ~ ,,L-1 ~ REFERRED ~ ~ '~' ~ ~`~.~ _ j~ PASSED to -$-o~ CAS S APA ~ o L~~'~ JCfiN VOORDE CITY CLERK, 50. BEND, iN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 62-08 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3454 DOUGLAS ROAD, COUNCILMANIC DISTRICT 4 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 as substituted by a new statement of purpose and intent changing the footage from 44,500 to 28,000. Also the legal description has been re-worded but the same property described. Ann Puzzello Chairperson, Committee of the Whole Date Filed Date received by the Area Plan Commission Application No. 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 at: Property located between 3466 and 17210 Douglas Road and south of 17210 and 17242 Douglas Road and approximately 1,000 feet east of S.R. 23 2) Name and address of property owner(s) of the petition site: Douglas Road Partners, L.P. 227 South Main Street, Suite 300 South Bend, IN 46601 (574) 234-2073 3) Name and address of contingent purchaser(s), if applicable: NA 4) It is desired and requested that this property be rezoned from "CB" Community Business District, "SF1" Single Family and Two Family District to "CB" Community Business District 5) This rezoning is requested to allow the following use(s): Permitted uses allowed in "CB" Community Business District excepting those within the written commitments. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) 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; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8%2" x 11" format. Signature(s) of all property owners, or Attorney for all property owners: Printed: Frank Perri Dou oad P ers P. Signed: ~-- Title: - Address: 227 South Main Street, Suite 300 South Bend, IN 46601 Phone Number: (5741 234-2073 PETITION PREPARED BY: Derek J. Spier, A.I.C.P. Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574)232-8700 dspier@abonmarche.com CONTACT PERSON: (If different) Fi=~;~ il, ~ierk's Ofi~ie® OCT - 8 2008 JOHN V00 ;CE Cfl'YCLEfdK, S0. B-cPFD, IP,I. Same as Petitioner & Property Owner i ~ i l `r l I 1 I I I I I I I ~ 1 1 I l I l I ~ I ~ 1 I I ~ i ~ __ 1 I 1 I ~ I ~ I 1 I i 1 I I ~ I I I I I ~ I 1 I l ~ 1 i ~ I I -)- ' -I I PRQ°OSED OW(US ROAD NDFJWNC r r ~ rtlave GENERAL DATA 1. Tottl Na Si43n p M1 (121}3 eva) }n ev.. to ee ntame to •ce• z aemt zrb¢ •w. ~eaaany aa... twlnal ew •sY 9ngY reagr aae io mgr Bbbbl } PIOprM imbp QaN6nnx YP• LmmunkY Rosner ObMCI A. PrapwH 1a,a Yee usn aga..e b •m• caaaemnr awn oamat, r.tlBa uw Mn rt b M Mt.mMa S m. paperk Mbp bnlbn, ene. bMe. me peaiFq am oe aweMwl. rd euej,ck to Nmpe Priv le and ~b wn apwotl. a m. wwor6 dte N M e.NCN er ay et sna e..e MIO ma 5wo. ). u Amk,wLw re .s.r~ .na e. b oramerr .nn Aatba r-o)m et ae atr irbq °ara. rwr a. woes w+aaaee se grml 6 lee uhtYp wkm0 bcatbn Iw Mr epwerE Ey tM LY~IIW Stoln NmY ~P el FnpFw. b mwvrnn n Aupat ). 4CG6 TABUUTED DATA Nu el Sin . Si43)8 Sa R. (1211 AG) Pmpa,W Lm! Cavope Ares (p n.) Prcmbn albq 1}650 }p; IaYFq rq OrAes IBb,gil un opr W«. }ialoe evn Talat 514ln t060i PARKING CALCUUTIONS PeiFp BpuMk 13 paebp per M 1.000 p 2 Pe'ebp OOIOYeMIC b,003 p A / 1,000 p M1 ~ N . 13 ysr Tetd ~ 1q1 ,Poet rpubM (beluaFq 3 AOA qxr) Pokbq Predgsd In - q' . M' spoor (bdM~y fi AOA .Pen) rulwe Pe,ebp PrPYbQ A6glbnd )) - P . i7 .paces Q9 Nuts. el Poenq SPeen (5, Ymtl,ey Pants SPm T,Pe B - PaW SaerFq (i) wvVer bw b e,.y i! MI el bl Me ilpkd Molar bM.npe Nrq (1) avnrltl bee mh ® Type A- EVn lmlec~"p (I) MaN b« b e~Y e0 MI el bl Bw fangolM Lrbagbp I) m~annld br b erry ]3 MI el bats w 10) Maps plmle b erY 30 MI ql boas veabP. ~ Pmpertr a.a.: Oauyr gooa ParbwA LP. 11) SwtA Ydn Sleet. aM !a0 SrU Br4 W 16601 PrrsM B% AeevnaW LmPAlmte. LLC )!0 LnM B'aY Ean Swa BPM N .6601 GRAPHIC SCALE (dLm) 1 W . p M1 Filed In Cl~rlc'~ C~ffica OCT - 2 200fl JORNVOORDE CITY CLERK, S0. BEND, IN. 1 PRELIMINARY SITE PLAN SEC. 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CUY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA ~. ABONMARCHE CONSULTANTS, L.L.( JOB "° "°-°"~ SHEET DATE: I 06-OB FlEID BOOK: /1 AlRlflFO BY: ORA°li: BEY LEGAL DESCRIPTION A PART OF LOT 1 OF HARTMAN'S DOUGLAS ROAD MINOR SUBDIVISION A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT 1 IN HARTMAN'S DOUGLAS ROAD MINOR, RECORDED AS INSTRUMENT NUMBER 0546777 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 139.00 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE POINT OF BEGINNING MARKED BY A FOUND LANG/FEENEY REBAR AND CAP; THENCE NORTH 89 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF 187.70 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 00 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 179.71 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DOUGLAS ROAD; THENCE NORTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 546.61 FEET TO A POINT BEING SOUTH 89 DEGREES 57 MINUTES 53 SECONDS WEST, A DISTANCE OF 455.05 FEET AND SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 711.95 FEET TO A FOUND 1/2" IRON PIPE; THENCE NORTH 89 DEGREES 59 MINUTES 21 SECONDS WEST, A DISTANCE OF 362.31 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, A DISTANCE OF 509.91 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF, BEING MARKED BY FOUND 3/4" IRON PIPE; THENCE NORTH 00 DEGREES 31 MINUTES 07 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 287.09 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 44 MINUTES 18 SECONDS EAST, A DISTANCE OF 134.10 FEET; THENCE NORTH O1 DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PURCHASE PARCEL CONTAINING 12.135 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD; THIS DESCRIPTION WAS PREPARED BY AARON BLANK, P.L.S. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON JUNE O6, 2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. ~IjL't~ IC1 E~,c~°~~'~. ~r:aCO OCT - 8 2008 ao,~~ ~~~~vc~E cin cLCa:c, sa. ~yrrfl, rN. STATEMENT OF PURPOSE AND INTENT The current zoning is "CB" Community Business District and "SF1" Single Family and Two Family District and the proposed zoning for the property is "CB" Community Business District to allow for all permitted uses in "CB" Community Business District except those listed within the written commitments which are included with this rezoning request. OCT - 8 2008 JQ'~N V430RDE CfTY CLERK, S0. BENI?, !N. ~~~~~~ 1.That there shall be no vehicular or pedestrian ingress or egress to or from the subject property, and both Elkins Street and McErlain Street; 2.That there shall be a cross access easement from the subject property to neighboring lots with Tax Key Numbers 24-2023-0548 and 24-2023-0548.01; 3.That no controlled uses are allowed on the southern 260 feet of the subject property; 4.That the only controlled uses that will be allowed on the rest of the site are: bar/tavern and billiard hall; S.That an earthen mound be constructed and maintained near and along the southern boundary of the non-residential zoning area where no mound currently exists. However, if the existing mound is removed, a new earthen mound shall be constructed and shaped by September 1, 2009, as shown on Exhibit A. Access paths made of serviceable materials with sufficient strength shall be provided as shown on Exhibit A to allow the City of South Bend to perform maintenance and inspection with heavy equipment. Evergreen trees with a minimum height of b feet shall be planted in a staggered pattern, where achievable, on the new mound every 15 feet by November 15, 2009. Trees shall be replaced with new 6 foot high trees as needed. 6.That no structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of subject property. Lighting on the southern side of any structure within the southern one hundred and fifty feet (150') of the subject property shall be cut-off type. Example attached showing cut-off type and mound as Exhibit B. All parking lot lighting will comply with dark skies recommendations and be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from any presently developed adjacent residential property on the south side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall be of cut-off type shown on Exhibit B. t . A. ~ Y. • i,. ~. i; '~: Proposed' :' °~ "~Bu~lding! ' ~ '' K' Light:;fixture mo~nfed 1 b to ~slde of ulldmg ' `" ~ F ~ , , typ (cut off. vt e 'T ~: Y~~ , ' 1/ y ~i~'T 4 t Y ~~~1 4 t ` 11~~~1~{1. . 1 . . ~..»..:~xC'~ "1 SI y ?, k, e. r. 11 ~, i 7 r t ! vd Y ii. :R i;t eRtil ~ ~ M ,,, ; ,41~X4ai t s eC~ l ~., to ix~- F~3ry,+ ~ i A SSE f 3~ ~ L' ~ e`~'!b t`9i~ p:i~i~~ ~A~`~ S i. e ~24' Driv I ~ v0' Landscape Mound .. J 9' (min.) between proposed building and property line-- CROSS-SECTION :1 OF PROPOSED BUFFER (10 ft. High Landscape.. Mound) p 5 10 Hartman f Snelson Tr- ust Pro erty / 1 inch = 10 f~