The URL can be used to link to this page

Home My WebLink AboutBill 68-05 Annexation of Northeast corner of S.R. #23 and Mcerlaind St.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 PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, RICHARD & MARSHA PULLIN AND SHIRLEY COMBS APPROXIMATELY 200 FEET EAST OF THE NORTHEAST CORNER OF S.R. # 23 AND MC ERLAIN STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 6.71 + /- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. 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 DESCRIPTION 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 THE INTERSECTION OF THE SOUTHERLY RIGHT -OF WAY LINE OF ELKINS STREET AND THE WEST RIGHT -OF -WAY LINE OF VACATED 34TH STREET (A PAPER STREET) ; THENCE S. 000- 00' -00" E. (ALL BEARINGS ASSUMED), 460.88 FEET MORE OR LESS TO THE SOUTHERLY RIGHT -OF -WAY LINE OF MCERLAIN STREET, THENCE ALONG SAID RIGHT -OF -WAY LINE IN A NORTHWESTERLY DIRECTION 702.59 FEET MORE OR LESS; THENCE N. 19 ° -50'- 17" E. ALONG THE WEST LINE OF THE PLAT OF "DUGDALE ACRES" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, INCLUDING GOING ALONG THE WEST LINE OF LOTS # 36 AND 25 IN SAID PLAT AND ALONG THE NORTHEASTERLY EXTENSION OF SAID PLAT'S WEST LINE, FOR A TOTAL DISTANCE OF 447.68 FEET MORE OR LESS TO THE NORTHERLY RIGHT -OF -WAY LINE OF ELKINS STREET; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID RIGHT -OF -WAY A DISTANCE OF 526.94 FEET MORE OR LESS TO THE WEST RIGHT -OF -WAY LINE OF VACATED 34TH STREET (A PAPER STREET)., THENCE S. 00 °- 00' -00" E., ALONG SAID RIGHT -OF -WAY LINE 60.54 FEET MORE OR LESS TO THE PLACE OF BEGINNING. CONTAINING 6.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION OF PARCEL TO BE REZONED TO THE "O" OFFICE DISTRICT: 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: LOT # 25 THROUGH LOT # 28 AND LOT # 33 THROUGH LOT # 36 AS SHOWN ON THE PLAT OF "DUGDALE ACRES" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 3.27 ACRES MORE OR LESS. 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 "O" Office District, 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. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Day of , 2 , at O'clock . M. Approved and signed by me on the at O'clock M. os 1 st READING C(— 1, Z PUBLIC HEARING 3 rd READING NOT APPROVED, REFERRED PASSP, City Clerk Day of Mayor, City 2 Filed In Clerk's vnIc " 2 2W5 JOHN VOORDE CITY CLERK, S0. BEND, IK 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. one- hundred percent (100 %) of the owners of the land in the territory sought to be annexed; OR b. fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed; OR C. 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: Approximately 200 feet East of the Northeast corner of S.R. # 23 and Mc Erlain Street South Bend, Indiana 46635. 5). That the name and address of the property owner(s) of the petition site is: Richard & Marsha Pullin and Shirley Combs 30916 Fieldstone Granger, Indiana 46530 (574) 274 -4968. Property Tax Key No. 002 - 2157 -7500. 6). That the name and address of the contingent purchaser(s), if applicable, is: N/A 7). The property is 6.71 +/- acres in size and currently has the following use(s) on it: Vacant. Population (0). 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build -out year - 2008) From: "R" Residential (County Zoning) To: "O" Office District 2 for the following uses: Professional Office Uses allowed under the "O" Office District Zoning classification. 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit np n . 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. 17 copies of a Preliminary site plan for Parcel I. 3. Addressed, stamped envelopes for all property owners 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 its former 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: Richard Pullin 30916 Fieldstone Granger, Indiana 46530 (574) 274 -4968 Marsha Pullin 30916 Fieldstone Granger, Indiana 46530 (574) 274 -4968 Signe Shirley s 6610 Summer Place 13r._East,Granger,IN.46530 (574) 274 -4968 11). Name, Address & Phone Number of Contact Person /Preparer: Danch, Harner & Associates, Inc. C/O Michael Danch 2422 Viridian Drive, Suite 201 South Bend, Indiana 46628 (574) 234 -4003. Filed to Clerk's Office NOV - 1 2005 JOHN VOORDE CITY CLERK, SO. BEND, IN. EXHIBIT "A" ANNEXATION LEGAL DESCRIPTION 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 THE INTERSECTION OF THE SOUTHERLY RIGHT -OF WAY LINE OF ELKINS STREET AND THE WEST RIGHT -OF -WAY LINE OF VACATED 34TH STREET (A PAPER STREET); THENCE S. 000- 00' -00" E. (ALL BEARINGS ASSUMED), 460.88 FEET MORE OR LESS TO THE SOUTHERLY RIGHT -OF -WAY LINE OF MCERLAIN STREET., THENCE ALONG SAID RIGHT -OF -WAY LINE IN A NORTHWESTERLY DIRECTION 702.59 FEET MORE OR LESS; THENCE N. 19° -50'- 17" E. ALONG THE WEST LINE OF THE PLAT OF "DUGDALE ACRES" AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, INCLUDING GOING ALONG THE WEST LINE OF LOTS # 36 AND 25 IN SAID PLAT AND ALONG THE NORTHEASTERLY EXTENSION OF SAID PLAT'S WEST LINE, FOR A TOTAL DISTANCE OF 447.68 FEET MORE OR LESS TO THE NORTHERLY RIGHT -OF -WAY LINE OF ELKINS STREET; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID RIGHT -OF -WAY A DISTANCE OF 526.94 FEET MORE OR LESS TO THE WEST RIGHT -OF -WAY LINE OF VACATED 34TH STREET (A PAPER STREET) ., THENCE S. 000- 00' -00" E., ALONG SAID RIGHT -OF -WAY LINE 60.54 FEET MORE OR LESS TO THE PLACE OF BEGINNING. CONTAINING 6.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Fit -- - G,1,rk's office NOV - 1 2005 J0KM VOORDE CIiY GGERK, Std. BEND, 4N. Shirley Combs,Richard &Marsha Pullin 5537 Sir Walter Way North Fort Myers, FL. 33917 Tax Key # 002 2157 7486 Linda Aldridge Lucinda Gillis 17434 St.Rd.23 South Bend, IN. 46635 Tax Key # 002 2157 7488 Mark & Mary Heller 17365 Elkins St South Bend, IN. 46635 Tax Key # 002 2157 7498 Dennis Miller P.O. Box 229 Granger, IN. 46530 Tax Key # 002 2157 7490 Andrew Pecina 17296 Douglas Road South Bend, IN. 46635 Tax Key # 002 2157 7494 Jeffrey Mader 17490 State Road 23 South Bend, IN, 46635 Tax Key # 002 2151 6965 David & Wanda Shock 17346 Mcerlain St South Bend, IN. 46637 Tax Key # 002 2151 6962 Daniel West - Shelly Britton 17330 Mcerain St South Bend, IN. 46635 Tax Key # 002 2151 6959 Property Owners Shirley Combs,Richard &Marsha Pullin 5537 Sir Walter Way North Fort Myers, FL,33917 Tax Key # 002 2157 7500 Lila V Periquet 17410 State Road 23 South Bend, IN. 46635 Tax Key # 002 2157 7489 John & Kathleen Nagy 17345 Elkins St South Bend, IN. 46635 Tax Key # 002 2157 7497 C & E Development LLC 2223 Autumn Trails Dr Mishawaka, IN. 46544 Tax Key # 002 2157 7491 Ber B Refugio 17260 Douglas Road South Bend, IN. 46635 Tax Key # 002 2157 7495 Jeffery Mader 17490 State Road 23 South Bend, IN. 46635 Tax Key # 002 2151 6964 Gabriella Cole 17340 Mcerlain St South Bend, IN. 46635 Tax Key # 002 2151 6961 Daniel West Shelly Britton 17330 Mcerlain St South Bend, IN. 46635 Tax Key # 002 2151 6958 Linda Aldridge Lucinda Gillis 17434 St.Rd. 23 South Bend, IN. 46635 Tax Key # 002 2157 7487 Virginia Hampel Rev Liv Trust 17385 Elkins St South Bend, IN. 46635 Tax Key # 002 2157 7499 John & Kathleen Nagy 17345 Elkins St South Bend, IN. 46635 Tax Key # 002 2157 7496 Susie Ritchey Trustee Revocable Trst 17306 Douglas Road South Bend, IN. 46635 Tax Key # 002 2157 7493 Jeffrey Mader 17490 State Road 23 South Bend, IN. 46635 Tax Key # 002 2151 6966 Shirley Macdonald 17386 Mcerlain St South Bend, IN. 46635 Tax Key # 002 2151 6963 Paulo & Cynthia Radomille 17336 Mcerlain South Bend, IN. 46635 Tax Key # 002 2151 6960 Annie Ricks Revoc Trust 17250 Mcerlain South Bend, IN. 46635 Tax Key # 002 2023 054802 Frank Mulligan Paul & Mary Lacluyze Bernard J Thomas 1 Old Trail Road 17242 Douglas Road P.O.Box 128 Englewood, FL. 34223 South Bend, IN. 46635 Mishawaka, IN. 46546 Tax Key # 002 2023 054810 Tax Key # 002 2023 0548 Tax Key # 002 2023 054801 Jerry & Margery Macri, R.&A.Lafree Jerry & Marguery Macri, R &A Lafree Clarence & Lila Surges 15575 Victoria Ct. N 15575 Victorian Ct N 17220 Mcerlain Granger, IN. 46530 Granger, IN. 46530 South Bend, IN. 46635 Tax Key # 024 2023 054815 Tax Key # 024 2023 054814 Tax Key # 002 2023 054812 Noel & Ruth Yarger 17180 Mcerlain South Bend, IN. 46635 Tax Key # 002 2023 054809 Michael Garatoni 315 W Jefferson South Bend, IN. 46601 Tax Key # 002 2023 054201 Clarence & Lila Surges 17220 Mcerlain St South'Bend, IN. 46635 Tax Key # 002 2023 054803 Izaak Walton League of Indiana P.O.Box 3559 South Bend, IN. 46619 Tax Key # 002 2023 0541 Carl & Ellen Austin 17200 Mcerlain St South Bend, IN. 46635 Tax Key # 002 2023 054804 Filed In Clerk's O fiCO F NOV - 1 2005 CITY CLERK, So. BEND, IN. 1*14 Danch, F/arner & Associates, Inc, MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 RE: Annexation Petition for Richard & Marsha Pullin and Land Surveyors . Professional Engineers Landscape Architects . Land Planners Shirley Combs for property on the North side of McErlain Street, approximately 200 feet East of S.R. # 23, South Bend, Indiana: Dear Council Members: October 31, 2005 Our clients are requesting the approval of an Annexation and Rezoning to the "O" Office District and the "SFI" Single Family and Two Family District Classification for their property located on the North side of McErlain Street approximately 200 feet East of S.R. # 23, South Bend, Indiana. This Annexation is part of a two -step process to bring into the City of South Bend all the property owned by our clients. As shown on the attached site plan, the Western portion of the property is being requested to be Rezoned to the "O" Office District to allow for the development of a professional office complex. The Eastern portion of the property would be annexed and have an "SFI" Single Family and Two Family District Classification. Once this portion of their property is annexed, our clients plan to submit an additional petition to bring in the remainder of their property, which is located on the Northeast corner of S.R. # 23 and McErlain Street. Our clients hope that the Council will approve the requested Annexation and Rezoning request. They believe that the requested Office development and single - family use would be a compatible fit for this location. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, ichael J. Danch President Danch, Harner & Associates File No. 050232 "C" Md. 2422 Viridian Drive, Suite 201 . South Bend, IN 46628 Office 574/234 -4003 ■ 800/594 -4003 ■ Fax 574/234 -4119 Filed In p'erk's MCO E3 2005 J0 '� vso BEND, tN. C13Y CLERK, 208 West Mars . Berrien Springs, MI 49103 Office 269/471 -3010 ■ Fax 269/471 -7237 1)anck, Hamer & Ad"ciated, Inc. Land Surveyors • Professional Engineers Landscape Architects . Land Planners Office: ( 57412344003 / (800(5944003 , Fax: (574)23,4-4119 2422 Virden Drive, Slate 201 • South Bend, IN 46628 TO: S41mlqw d? 4;; G�/� TRANSMITTAL LETTER WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: El Shop drawings E] prints ❑ Plans El Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as suIxWed ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and cwvnent ❑ ❑ FORBIDS DUE 19 ❑ Resubmit copies for appra rd ❑ SW nit copies for distriMon ❑ ReM corrected proms ❑ PRINTS RETURNED AFTER LOAN TO US Area, Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Assistant Director Phone 574 - 235 -9571 www.stjosephcountyindiana.com Fax 574 - 235 -9813 December 21, 2005 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 & Marsha Pullin and Shirley Combs to zone from "R" Residential (County zoning) to "O" Office (City zoning), property located approximately 200 feet east of S.R. 23 between McErlain Street and Elkins Street, City of South Bend - APC# 2338 -05 Dear Council Members: I hereby Certify that the above referenced ordinance of Richard & Marsha Pullin and Shirley Combs was legally advertised on Thursday, December 8, 2005 and that the Area Plan Commission at its public hearing on Tuesday, December 20, 2005 took the following action: Upon a motion by John McNamara, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Richard & Marsha Pullin and Shirley Combs to zone from "R" Residential (County zoning) to "O" Office (City zoning), property located approximately 200 feet east of S.R. 23 between McErlain Street and Elkins Street, City of South Bend is sent to the Common Council with an unfavorable recommendation. The "O" Office district is intended for areas located along arterials with access to arterial and collector streets, or in areas where conflicts with residential land uses are minimized. This rezoning is in conflict with the Comprehensive Policy Plan. It intrudes into a residential area. McErlain and Elkins Street are two lane residential streets. A development of this size and magnitude would fit better on State Road 23 or Douglas Road. 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 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 hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, JWB:sr Attachment CC: Richard & Marsha Pullin and Shirley Combs Danch, Harper & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2338 -05 Owner: Richard & Marsha Pullin and Shirley Combs Location: Approximately 200 feet east of S.R. 23 between McErlain Street and Elkins Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from "R" Residential (County zoning) to "O" Office (City zoning) to allow professional office uses. Land Uses and Zoning: On site: On site is a vacant wooded lot zoned "R" Residential (county). North: To the north are single family homes zoned "R" Residential (county). East: To the east is vacant land zoned "R" Residential (county). South: To the south is a dentist office zoned "O /B" Office /Buffer (county), and single family houses zoned "R" Residential (county). West: To the west is a law office zoned "O/B" Office Buffer (county), and a vacant land zoned "R" Residential. District uses and development standards: The "O" Office District is established to promote the development of. general office uses and complexes; professional health care uses and complexes; limited public and semi - public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. Site plan description: The site is 3.27 acres. Four buildings covers approximately 9% of the site or 15,524 square feet in size. Parking and drives cover approximately 38% or 53,727 square feet. Open Space will make up the remaining 53% of the site or 73,355 square feet. The preliminary site plan shows four points of ingress /egress: two accessing McErlain Street and two accessing Elkins Street. A 100 foot utility easement bisects the property from the southeast to the northwest. Zoning and land use history & trends: Over the last fifteen (15) years this area around the intersection of Douglas Road and S.R. 23 has undergone a transformation from mainly residential in nature to mostly commercial. A petition to rezone two lots on the southeast corner of Elkins Street and S.R. 23 from "R" Residential to "OB" Office Buffer was approved by the County Council in 2002. Traffic and transportation considerations: Both Elkins Street and McErlain Street are two lane streets that are residential in nature. S.R. 23 is a five lane arterial at this location and is the main road to the northeast part of the county. The MACOG traffic counting program counted 22,298 cars per day in 2004 at a point north of 28th Street on S.R. 23. Utilities: The site will be served by municipal water and sanitary sewer. Richard & Marsha Pullin and Shirley Combs #2338 -05 Pagel of 3 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: Goal 3: Objective C: Policy I: Medium or high density multi - family housing, or other facilities with intense activity (such as churches, secondary schools, and commercial sites) should be located along arterials with access to the arterial street (preferable) or to a collector street. Goal 2: Objective B: Locate employment uses in such a manner that conflicts with residential land uses are minimized. The petition is in conflict with the Comprehensive Plan. Land Use Plan: This area is not designated for a growth area or reserve growth area by the Land Use Plan. 2. Current conditions and character: The area is primarily single family residential. There are some office and higher intensity land uses along State Road 23. 3. Most desirable use: The most desirable use would be for a single or multi family development. 4. Conservation of property values: Should this rezoning be approved, residential property values could be adversely affected. 5. Responsible development and growth: It is not responsible development and growth to intrude into the residential neighborhood. Recommendation: Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. Analysis: The "O" Office district is intended for areas located along arterials with access to arterial and collector streets, or in areas where conflicts with residential land uses are minimized. This rezoning is in conflict with the Comprehensive Policy Plan. It intrudes into a residential area. McErlain and Elkins Street are two lane residential streets. A development of this size and magnitude would fit better on State Road 23 or Douglas Road. Richard & Marsha Pullin and Shirley Combs #2338 -05 Page 2 of 3 5 Criteria (per IC 36 -7 -4 -603): 1. Comprehensive Plan: Policy Plan: Goal 3: Objective C: Policy I: Medium or high density multi- family housing, or other facilities with intense activity (such as churches, secondary schools, and commercial sites) should be located along arterials with access to the arterial street (preferable) or to a collector street. Goal 2: Objective B: Locate employment uses in such a manner that conflicts with residential land uses are minimized. The petition is in conflict with the Comprehensive Plan. Land Use Plan: This area is not designated for a growth area or reserve growth area by the Land Use Plan. 2. Current conditions and character: The area is primarily single family residential. There are some office and higher intensity land uses along State Road 23. 3. Most desirable use: The most desirable use would be for a single or multi family development. 4. Conservation of property values: Should this rezoning be approved, residential property values could be adversely affected. 5. Responsible development and growth: It is not responsible development and growth to intrude into the residential neighborhood. Recommendation: Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. Analysis: The "O" Office district is intended for areas located along arterials with access to arterial and collector streets, or in areas where conflicts with residential land uses are minimized. This rezoning is in conflict with the Comprehensive Policy Plan. It intrudes into a residential area. McErlain and Elkins Street are two lane residential streets. A development of this size and magnitude would fit better on State Road 23 or Douglas Road. Richard & Marsha Pullin and Shirley Combs #2338 -05 Page 2 of 3 3 Sandra E. AOer 17311 Nkillowbrook Drive So-tAin Bend, Indiana 46635 t-- x74 - 272 -5 08 Dec-ember 18, 2005 iiLCEIVED Area Plan 0--munission of St. Joseph COuffl�, NN Executive !Director DEC I S' 2005 1140 County-City Building iwa�iA 1-1AN GOMM. Sow B-,-n& Indiana 46601 Dear Sir: This letter is in reggwd to ffic- proposed development of a certain 6 and 1/2 -r-re p-n-cel of land bounded by SR 23 on the west., El St. on the not fli, and xMcErhain St, on the south, corrinwnt; knmn in the neighborhood as, "The Swanip7. This matter was only called to my attention last Thursday,, December 15, 2005, by.',Mrs. Kathleen Nagy, a resident of Elkins St. I do not intend to waste, my tine debating whether this parcel should be in the city or tifte county, whether this parcel should be zoned "O" office, business, commercial, or v given nieetin-g concerning the said residential, or wheffier a majori , of those present at an - property are 'for" the proposal. Such debates are moot. This parcel is a DESK-WATED NVETCND, and as such camot be developed at A For many years I have gone b- - the large Cold v Banker sign daily n SR 23 pasting th y , ell e iLy o ostin e PrOpert,.-for sale and line ne-�,ei failed to rnarkel at the audacity. the tepacA3 and the arrogance of both the owners and the realtior to continue to ad-vertise as suitable for devdopment this designated we land. The issue was settled in 1998, when Combs and POen were off-kcially notified by the Any Corps of Engineers that the property was indeed a designated wetland, not developable at A except PERHAPS the lot fronting SR 23. (This is a debatable issue, by the -,va-v. one en h, need.-, to walk- nex-t door to this parcel to the tastefully rernodeled office of Gillis and.A.1drich., 11-lavvyers & purses, and 'look at the retention pond on the south side of the parking lot. it is full to the brim with water -24;-71, Mich certainly indicates how high the ground water is in the area.) T king a few c attails in the This is not an issue to be solved by mitLgation. eitlier� by sticking middle of a fan-n field in Granger. There are imperative reasons to retain this wetland exactly where it li& and I quote fi-om my ow m letter to the -4m-ny Corps of Engineer of Aigust 18., 1999. od but Not on 4y is the St. Joseph County Sole source Aquifer located in our neighborhood, we are also southwest of the Douglas Road Superffind Site., and the plum of contamination a sO-UthW st fly course to Juday Creel-, ftom fhe sitte im been shorn to be cling 011 e e The -ref ores it should be obvio us to agry th ik g person that the neig .Norhood. and J uda�- Creek itself needs ALL the protection our filtering wettand areas can provide, and building coinp4ensatozy x tiiiciall vve is ds in the middle of some farm field in Granger sviri do �NTOTHIN to pro -vide that protection. I was able to persuade DOT in the past to presen %w the -vuedand area west OA the Juday Creek hridu;e (IND -MOT's original pima called for the destruction of that wr ;;bands, but :stead it is now beLmg u=sed, in part: as a bicafiltcg for storan rater:). and some- neiglaboa are already using BI IF's vd -tich protect both the creek and our groundwater. :Remernber, thete rite a -n ber ofho es south of the creek Nvhdch -ve still using V: Al eater, because McErlain is the southern boundai n, of the remediation area of the Douglas Road Superfund Site and dras the southern bounda - of city water pravided for all. Superfund residues. Present residents of TFUS AREA 7. des : e all the protec €ion from flooding and pollution our local wetlands pro -vide.,` IS vet',' .ter est g to me %r at the pzamning for this proposed deve -lo Vim- en on a designated wetland is so far advanced, but as of last Fridav, December 16,200-5, those people; one would exTect to be kno� ledgeable about the matter h=are Beard notl g officially ially about it: Eric .N�Iiclaae -L Anne Carps of Engineers,, South Bend Office; John. McNamara, head of the St. Joseph Court Drainage Board -Tudv -Rosheck, President of Friends of 3uda.y Creek.. Did the oxNners, the realtor, the developer and perhaps even Area Flan Caminission of St. Joseph Cowan€ , , believe that one could gimp -t ignore the fact that all invosi ed are expecting to place this development on a designated wetland`? it its Wn?s for the o e€s, of this property to come to teams with realm-. T. are the owners of a swarnp, a designated wetland, the last remnant of a residential development completed 30 years ago. (A development, I ndglat add, that would hexer be affo -,ved today.) This remnant was never developed earlier because it IS a swamp, and novv in modern times, as v e ha Ye become more knowledgeable about the critical importance of wetlands for flood control and protection of water qualit�', the sulk ;cc# of s ;went regulations. The owners weed to seek- alter ativ- -s. the federal and state governments €nazv have programs of buying or leasing stnall wetland areas to permanently remove them from any, clzz ce of development_ The former mmners of a v,.etland parcel ��ST of the Iudav Creek badge on SR 23 and SOUTH of the creek donated that property- to the Lzaak 'alton League. and took a tax write off se{ oral rears agL. There are alternatives, but as hang as Pullen and Combs clung to the belief that they can erect a strip mall in a swamp, they will near find them. 111 a �volY-ed, including the. realtors. wili strap feeding thi-s tantasv. Yours N�efy'jruiyl� Sandra E. d- Tiller F riends o iudav Creek Board 4' I IC tIVED nl a ^ Area Tian �,viiuiussivai DEC 1140 County -City Building LQ South Bend, In. 46601 ''' ``' 'LAIV Gomm. December 19`h, 2005 Re: Rezoning request to " Q" Office for TticErlain & St. Rd. 23, APC # 2338 -05 Dear Area Plan Commission. Members; We have lived at our present address for 23 years and during those years the neighborhood has been active in several re- zoning proposals: The residents have been fairly well behaved with the realization that our area could not remain the wooded wetlands we bought into two decades ago. Compromises were reached, which in many cases resulted in a large buffer area which separated the elements that residents felt were the bad aspects of office related businesses. But now comes a proposal for re- zoning from "R" Residential to "Q" office which cuts right into the heart of an established neighborhood. Instead of a buffer zone our homes will look out onto commercial buildings, offices and parking lots. The one lane road (not one lane going east and another west, mind you, but one lane only) will have to be dramatically widened and the natural drainage that the wetlands provided us will have to be replaced with another drainage project. The infrastructure and other obstacles associated with this proposal can be overcome with the infusion of massive amounts of money, but the one most important fundament aspect of this terrible intrusion is the neighborhoods and the people who live there. Should this rezoning be approved it will essentially destroy the viability of the residential area and place our residents who remain in the middle of what we consider as a commercial strip zone on two dead end streets. Good Grief! Please continue to be sensitive to the needs of residents as you have been in our past dealings and give this proposal an unfavorable recommendation. Thank you very much. Sincerely; David and Wanda Shook 17346 McErlain Street South Bend, In 46635 CC: St. Joseph County Drainage Board Department of Natural Resources a�^I� E°� i�` � fr N�� Q� d F fi l IN S. - � Ilf / :: _, j aLG 9V::U Ar ea Plan Col1MI -sslon 1 140 County -City —Building South Bend In. 46601 HL AN December 16"', 2005 Dear Aiea, Plan Corm fission Members; The residents in the area of McErlain and State Road 23 are united in their opposition to the rezoning request from `R" Residential to "0" Office for the property located approximately 200' east of State Road 23 between McErlain Street and Elkins Street (APC 92338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. 1 ADDRESS PHONE E -MPS, 21V �,Skxz� r � 3 (� e, ^c eoe& St Si3 q 6 6 3 5 X77 - Z o Cie Dl,S p /N Li Ml � , - / / /.:._ _ D e e c2 045 C U� D� Psi Area Plan Coin -a nission 1140 County-City Building South Bend, In. 46601 December 16'h, 2005 Dear Area Plan Commission Members-, 9iUi,+k1VLED DEC I cl' 20405" The residents in the area of McErlain and State Road 23 are united in their apposition to the rezoning request from `R" Residential to "O" Office for the property located approximately 200' east of State Road 23 between McErlain Street and Elkins Street (APC 92338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NAME 1 ADDRESS / 7 Lov A PHONE Q E- MAIL, lit'a 24 A.." A I_ a.&" e A"-' c 4w ,1s"p i � �.omriien�s: �? _ � j� -_!./ �.,� v w . � ! �! 1 •.-�Gf �- .. -.Cc�, / ��2 �.1�1 f�G ��. '% ��:� •f �,� .- J ��_`� Ijl '� J , %% ,.mac: � s. ("o.- urnei Area Plan Commissior, 1140 County -City Building South Bend, In. 46601 December 16', 2005 Dear Area Plan Commission Members; F b The residents in the area of McEriain and State Road 23 are united in their opposition to the rezoning request from `R" Residential to "Q" Office for the property located approximately 200' east of State. Road 23 between McErlain Street and Elkins Street (APC ##2338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NAME ADDRESS > �7�PHONE / E -MATT, 1. ,•`� w `''[�.7iLL/10 .r ._ L t /.% �.LL_ � %� .� `/' Gi � �17,��I ,.1.`;�' , i 1 ,� -1 ,1 ..{ , / G. Comments: ?, -7 � L.. Area Plan V2111111��iVii -1 l4 oiint;i -amity Building South Bend, In. 46601 December 160x, 2005 Dear Area Plan Commission Members, MEC d tr uti it 1 1Lki1 s The residents in the area of 1%,4cErlain and State Road 23 are united in their n- positinn to the rezoning re itlest from `R" Residential to "0" Office for the rnroperty located approximately 200' east of State Road 23 between TAcE.rlain Street and Elkins Street (PpC #2338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NAME ADDRESS PHONE E-M-AIL i J1iLuCiuS: J%6 OTiuilentS: �1i i LL L S� �� JU D iW ti Area Plan Commission 1140 County -City Building South Bend, In. 46601 December 16h 2005 FL :YFe Dear Area Plan Commission Members; The residents in the area of McErlain and State Road 23 are united in their opposition to the rezoning request from `R" Residential to "O" Office for the property located approximately 200' east of State Road 23 between McErlain Street and Elkins Street (APC #2338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NA1r1E . , F �AgDI�RS S PHONE E- MAIL. 2 -f ,F-,,r i 1. �i -��N��EC �c�( Ly'+ I' DL ✓�Yt -[,� / / i�om. m..ents• / S G ^. > e o-. h ct t .;- :; G ;:, :�4' . _, � .7T•� Sr a— %i 2. I' U �,cL �V U ix.11v`&A_ -4 �L C�9q-� Cviru`£ienM -00 lee- LZZd a!'L-`' -Mtfy Lo � tQ mss; Gm�i'�e( a� ;1' �;� �tQ ��-r►� r !G c1� �b� eti6ib �s d .� �' `✓�l�V * ✓}, i4G cwt, �'�-� -h:`� i HESS a_4 C?XX-, f 1 -ST c -tt/c/ RA-7), rtr : L Jv A DI ^ nrea t ian Coiiuiussio. 1140 County -City B,"ilding South Bend, In. 46601 December 16`x, 2005 Dear Area Plan Commission Members; n The residents in the area of MIcErlain and State Load 23 are united in their opposition to the rezoning request from `R" Residential to "0" Office for the property located approximately 200' east of State. Road 23 between McErlain Street and Elkins Street (APC #2338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NA.NIE ADDRESS PHONE E >%4-A-II 'om.rnGnts: J Irl Uorl-I teitw. / i / -Y O �-fc r /cam n St CC'S v:i ENE A Plan Commission ENS• 4' I C c' ..., 1140 County -City Building South Bend, In. 46601 :''LMiki U' JEM, December 16', 2005 Dear Area Plan Cc nmission Members, The residents in the area of Mc.Erlain and State Road 23 are united in their apposition to the rezoning request from `R" Residential to "Q" Office for the property located approximately 200' east of State Road 23 between McErlain Street and Elkins Street (APC #2338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NAME ADDRESS PHONE E W-IL r ,.. ts: �.vitttcct�a. u 3 r,- n +n• wtatmeu�o. Area Plan Contraission 1140 County -City Building South Bend, In. 46601 December 16'`, 2005 Dear Area Plan Commission Members; The residents in the area of McErlain and State. Road 23 are united in their opposition to the rezoning request from `R" Residential to "Q" Office for the property located approximately 200' east of State. Road 23 between McErlain Street and Elkins Street (APC 112338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. ADDRESS E -MAR NAME PHONE i,, , Cc, 1) LG -7 el) 7 / %/ L l %�C� '�i1 i, ^� it r c= C�� .�.5 - v -//,7 .��.� / /� COminents: 2 c_ T�Cr : C -7G /� �(_�l '( /i% l7 L.V /f••i Cl� :_i�C._'l�� \C`.. i .71Li ill T- C •Si,iCLLS /SsG /� %�1� CY��`�`4� f /1:� /i T !/1 �• 4- /,?L% C <t -2 OLI C L /S Comments: f11 ea Flan CiClnmaisslon 1 140 County -City Building South Bend, In.. 45501 December 15', 2005 Dear Area flan Commission Members, The residents in the area of McErlain and State Road 23 are united in the;- opposition to the rezoning request from `R" Residential to "0" Office for the property located approximately 200' east of State. Road 23 between McDrlain Street and Elkins Street (APC #2338-05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NAME ADDRESS PHONE E-MAIL . a-7 310 . U i hel1cs6G ne+ S;A &rd a-t,� *003 T �A* W 1 1 0 mated is Curt' 2.� �2� % %�J�U /ei/ viz 7��d�G I.VIIlltlCttts. f'�mmnnf �.vuuii�.ut,s. A Cl «. ca Plan Coninnisslon 1 140 County-City Building South Bend, 1n. 46601 , December 16'x', 2005 Dear Area Plan Commission Members; The residents in the area of McFrlain and State Road 23 are united in their opposition to the rezoning request from `R" Residential to "0" Office for the property located approximately 200' east of State Road 23 between McErlain Street and Elkins Street (APC 92338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the. neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NAME ADDRESS PHONE E -MAIL 1 / 7-3`1c) / ! Co In J� y �J Area Plan Cotrunission 11d0 County -City Building South Bend, In. 46601 � r; � � �` R= r December 16th, 20051._` Dear Area Plan Conn-mission Members; The residents in the area of McErlain and State. Road 23 are united in their opposition to the rezoning request from `R" Residential to "O" Office for the property located approximately 200' east of State Road 23 between McErlain Street and Elkins Street (APC 92338 -05). The introduction of such rezoning would be a devastating invasion into the heart of an older, well established neighborhood that would destroy the neighborhood's character and viability. Please review the below signatures and comments of opposition and give this request a negative recommendation. We would be very appreciative of your understanding and support. NAME 1.1 i wliuilcilts: vv A l✓t I Com,ine1-1 .s: av✓ ADDRESS PHONE E -MAC AA w ° w1 �Y1dLG ?� ,qA Vil,I AP A zxzj . W o- M101je j Iry f� r te; Ak,� we- uiey'o s �iollllllGi1tJ..�.. �� /a x� � � s 7 j � �= L, / ':� s �•V r `� F`�r =i FA -f'Ln K v3 Vanch, Flarner & Associates, Inc. MICHAEL J. RANCH, L.A. RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of South Bend Common Council 4t" Floor County -City Building South Bend, Indiana 46601 Land Surveyors . Professional Engineers Landscape Architects . Land Planners January 24, 2006 RE: Annexation & Rezoning Petition for Richard & Marsha Pullin and Shirley Combs for property on the Northeast corner of S.R. # 23 and Mc Erlain Street, South Bend, Indiana: Dear Council Members: Our clients are requesting that their Petition for Annexation and Rezoning to the "O" Office District Classification for their property located on the Northeast corner of Northeast corner of S.R. # 23 and Mc Erlain Street, South Bend, Indiana, be continued indefinitely. We are attempting to address concerns for the Petition that were brought up at the Area Plan Commission public hearing. If you have any questions concerning this matter, please feel free to give me a call at 234- 4003. Sincerely, 77 Michael Miichaael J. Danch President Danch, Harner & Associates File No. 050232.1 "C" Md. r� � � 5 ® e JaN2R� .4005 S 1643 Commerce Drive . South Bend, IN 46628 208 West Mars . Berrien Springs, MI 49103 office 574/234 -4003 ■ 8001594 -4003 ■ Fax 574/234 -4119 office 269/471 -3010 ■ Fax 269/471 -7237