Loading...
HomeMy WebLinkAbout8561-94 Zoning - 114 N Frances St • ORDINANCE No. $561-94 Passed by the Common Council of the City of South Bend, Indiana_ December 19, /9 94 Attest: City Clerk IRENE K. GAMMON Attest: _la"�� M / , . 41 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— December 20, 94 19 City Clerk IRENE K. GAMMON Approved and signed by me ,/ /L/ 19q`t 0 _ Mayor • • ORDINANCE NO. .J1/"(iti AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 114 N. FRANCES STREET, IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by he Common Council of the City of South Bend, Indiana: SECTION I. Ordinance No. 4990-68, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana be and the same hereby is amended in order that the zoning classification of the following described real estate_ in the City of South Bend, St. Joseph County, State of Indiana: A part of Large Lot or Block Numbered 16 as shown on the recorded plat of Cottrell 's First Addition to the Town of Lowell, now a part of the City of South Bend, which part is bounded by a line running as follows, viz: Beginning 126 feet North of the Southwest corner of said Large Lot or Block Numbered 16; thence East on the North line of a private alley 12 feet in width, 113 feet; thence North on the West line of another private alley, 12 feet wide, 36 feet; thence West 113 feet; thence South 36 feet to the place of beginning. Together with the use in common with the owners of adjoining tracts of said -two alleys. be and the same is hereby established as C-Commercial, E Height and Area. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the mayor, and legal publication. Hof t e 6ron Council Filed in '''trk' ) :, t,• 1st READING /Q-2£/_q y PUBLIC HEARING /Z--/9-9 OCT 1 9 t994 3rd READING / /9-Q NOT APPROVED MEW GAMI1104 CITY CLERIC.SO.SEW,IN. REFERRED PASSED /02— —q y • • PETITION FOR REZONING TO: Common Council City of South Bend, Indiana City-County Bldg. South Bend, IN 46601 RE: Rezoning, 114 N. Frances Street, South Bend, Indiana, 46617 The undersigned is the attorney of record for the Petitioners who are John J. Griffin and Bridget. L. Griffin, husband and wife, 114 N. Frances Street, South Bend, Indiana, 46617, who request that the zoning ordinance be amended as follows: 1. The legal description to be rezoned is: A part of Large Lot or Block Numbered 16 as shown on the recorded plat of Cottrell 's First Addition to the Town of Lowell, now a part of the City of South Bend, which part is bounded by a line running as follows, viz: Beginning 126 feet North of the Southwest corner of said Large Lot or Block Numbered 16; thence East on the North line of a private alley 12 feet in width, 113 feet; thence North on the West line of another private alley, 12 feet wide, 36 feet; thence West 113 feet; thence South 36 feet to the place of beginning. Together with the use in common with the owners of adjoining tracts of said two alleys. 2. The common address of the property sought to be rezoned is 114 N. Frances Street, South Bend, Indiana, 46617 . 3. The name (s) and address (es) of the property owner (s) of the property to be rezoned are: John J. Griffin Bridget L. Griffin 114 N. Frances Street South Bend, Indiana 46617 4. It is desired and requested that this property be rezoned from B-Residential, B-height and area to C-Commercial, E Height and Area. 5. This rezoning is requested to allow for the property to be used in conjunction with an adjacent parcel at 116 N. Frances Street, South Bend, Indiana, as a parking lot for the employees and staff of Michiana Hematology-Oncology, P.C. whose offices are across Frances Street from the subject parcel. 6. Attached is a copy of the following: a. legal description of the property; b. a list of names and addresses of all property owners within 300 feet of the petitioned property; c. five (5) site plans; and d. addressed, stamped envelopes for all property owners within 300 feet of the petitioned property. 7 . The contingent purchaser of the above-described real estate is Troeger, Garcia, Ansari and Tabor Bldg. Partnership. WHEREFORE, Petitioner prays that the Common Council grant the rezoning requested; and that it grant all other proper relief. RESPECTFULLY SUBMITTED: JOS `H L. AMARAL 2384-71 At orney for Petitioner H• ERSCHMIDT, AMARAL & JONAS 224 W. Jefferson Blvd. South Bend, Indiana 46601 Telephone: (219) 282-1231 CONTACT PERSON: Joseph L. Amaral HAMMERSCHMIDT, AMARAL & JONAS 224 W. Jefferson Blvd. South Bend, Indiana, 46601 Flied in Clerk's Office OCT 1 9 1994 IRENE GANikl0ii CITY CLERK,SO.BEND,IN. • AREA PLAN ' COMMISSION of ST. JOSEPH- COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY—CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 November 16, 1994 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of John J. and Bridget L. Griffin to zone from "B" Residential, "B" Height and Area to "C" Commercial, "E" Height and Area, property located at 114 N. Frances Street, City of South Bend - APC #1639-94 Dear Council Members: The above referenced ordinance and site development plan of John J. and Bridget L. Griffin was legally advertised November 3, 1994. The Area Plan Commission at its public hearing on November 15, 1994, took the following action: Upon a motion by Charles Landesman, being seconded by Joseph Serge and unanimously carried, the proposed ordinance and site development plan of John J. and Bridget L. Griffin to zone from "B" Residential, "Be Height and Area to "C" Commercial, "E" Height and Area, property located at 114 N. Frances Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. The land use decision for this area of Frances Street was made by the Common Council earlier this year when it rezoned the property immediately north of this property for a parking lot. The proposed parking lot would be an expansion of the existing lot. 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, R be t W. Sante RWS:sr Attachment CC: John J. and Bridget L. Griffin CC: Joseph Amaral Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph.County, IN STAFF REPORT November 7, 1994 John J. and Bridget L. Griffin 1639-94 Location: 114 N. Frances Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "B" Height and Area to "C" Commercial, "E" Height and Area to allow a parking lot. EXISTING LAND USE: The property contains a single family home. SURROUNDING LAND USE AND ZONING: Located to the north is a parking lot zoned "C" Commercial; to the east is a single family home zoned "B" Residential; to the south is a single family home zoned "B" Residential; and to the west are single family homes zoned "B" Residential and a medical office zoned "B" Residential. ACCESS: Access to the site is from Frances Street. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 4,068 square feet. Of that, the parking and drives will occupy 4,068 square feet, or 100 percent of the site. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: . • L H J h L L r J 1 . 294 I f_- - 2195PT.14 i - - - 1 2 3 7 8 9�]0 12 F- V n /� W I I 1 - — - 297 Q r 4 FMS - — - ` - ` -V .- __ 298_ __ PT PT� 5 P.v 11 12 13 14 I 1 I 299y- -- APC 15 -92 6 I 1 I AM 8284-32 COLFAX I AVE . i j 1 I I 1 I I r.... 158.73' "> 3061 1 I 7 I I 1111 _ I I � " B s 2 3071 — �I�anl, C7 - `r� 1. — _ — 1 '- -30,9- - 3 I — 1- - - - 309 �o� Ella M■ s'gtll{o :ar �\�2 9 • :fir. PT. ,61 �a W I �l -1 I 'I' :�� RES 1 <c9•`O5 4 3 1 61 1 Ci) 1 112 "Eu ISQ . <7� I Q L ` RES. 0 1,u WASHINGTON ST . I-- OMi I o I Z 4 3 2 1_ I I - - - - - A — — — J ) 44j PT 19 320 5— 5 W 1 1 3 2 1 `S Z [L) CD \�`Z`\� I I I I a 1 I A.P�28-71 , A 8 8 i.L I PT119 1 W Z.ORD. 5386-72 I I I I 323 JEFFERSON BLVD .1 II 3130 11 ( 1 1 1 7 1 'Cl 0 1 \- IL J I I I 4 REZONING FROM: "B" RESIDENTIAL, "B" HEIGHT & AREA TO: "C" COMMERCIAL, "E" HEIGHT & AREA Aill6 PETITION AREA f. •= •1 SOUTH BEND ZONING "A" RESIDENTIAL I I APC #1639-94 "B" RESIDENTIAL I I "C" COMMERCIAL I I o 1o0 200 "Cl" COMMERCIAL I I WII.. Graphic Scale historic p reservation commission of south bend and st. joseph county ROOM 1123 COUNTY CITY.BUILDING south bend,Indiana 46601(219)235=9798 Comments prepared for r AREA PLAN COMMISSION November 15, 1994 • PROPOSED CHANGE OF ZONING 114 NORTH FRANCES STREET by Historic Preservation Commission of South Bend & Saint Joseph County First let me, state that I have been told that this proposal should have been better addressed., when the change of zoning for the adjacent, property 116 Frances was sought early last Spring. Unfortunately that occurred before I assumed my present position and while our office was without a Director and staffed entirely by an overworked assistant. Had I been in my present position and aware of the previous petition, I would have remonstrated at that time. That petition resulted in the demolition and rezoning of a property similar to the one presently under consideration. The petition presently under consideration is a proposal to create a commercial "class C" spot zoning in the midst of at least six contiguous blocks of solid "class B" residential blocks. The location in question is surrounded on all sides by existing residences. There is no evident prevailing public interest which would require the overriding of the surrounding designation as would be necessary to justify such a spot zoning. The given reason for this proposal is to provide parking for a medical office which is located in "B" zoning but which is not contiguous with this real estate. Medical offices are the only commercial use permitted within "B" zoning. When this exception was allowed, I do not believe that the "Doctors Inc." type of facility was contemplated, but the traditional neighborhood doctor's office. However that issue is a digression from your present consideration. The proposal at hand is not a request for variance attached to the medical, office use, but a change to "C" zoning in another block. Following a change /'n: zoning this location could be separately sold and occupied by any allbwW;d commercial use, violating the residential integrity of the block. This is detrimental not only to adjacent residential occupants but to owners of other: competitive commercial property which is already established. As Director of the Historic Preservation Commission, my concern with the property under consideration and its environs is that the structure which would hereby be slated for demolition is an excellent specimen in both design. and condition of a simplified Greek Revival Gable Front house which ins considered in the Indiana Historic Sites and Structures Inventory as- contributing structure to the proposed East Washington Street National:, .0.- Register Historic District as identified in the Inventory's South Bend Summary�,,� Report (see excerpt). \ i O' i l / -; N :i rri 't I,.. 0.;,1/ . C!i 0 0 ' - _ y .809 5' A � O/� 5t.Louie ._-_•_•_._ � \\\/ Jl VJ E. p V s • 802 V V J ( .833 I �� .803 r,' ' .834 .810 ' V� ; .804 (11.035 .811 ' /y1 iji ' ; .805 CD 3 836 �HJ ' .837 .812 ' i .806 O ›.1 /s i .838 .erj i M i i .807 I ' .1_s�1; G Jl St.Peter .839 1,3) C •J /�-s 0Q�_ ' i. _._.' .814 ; ._•�._ .' "" F O '' I I �/�� / , .e15.016 ' �.0 l J Z .917 i a rr CA f4 i .e19 SIE m f!� Metre oeee *_•_•_•_•I •819 H ; 4 i n MV .^ t : i 1 .840 .820 R � i a a F ell .+' - I d .?...821 Y n i `+J g .041 i I y H a, I s.822 S°a ' .842 .823 I g .024 I I .825 n Is I .826 I I .027 $ I n Frenoes 1 N �.�._•�._1 .828 f i .829 .030 _'I .831 I I I .832 I I Eddy F r co co W W W W W W W W W W W W W x d L*• N �• N P3 N. ►-, N 1n (cc N (11 W W N W W N N W W N J OD 00 O3 00 00 00 00 00 00 Oo 03 0o m ao 0o z O 5 (0 P• `- A R tt A o0 1-1 1-+ 1-1 N 1-1 r+ 0 0 0 0 O O 0 0 0 • G 0 ,..,a' ¢'co•n M OQ 000 . ce N 1P W N 1-■ O .O 00 V CT. to ,P W N I fp 00 0c0 0 N ¢'a 9x !'•.�.](0�' a1 N(� �•C N (D "1 (D p /rtD 5 Q z z z Z e e z �' z e e Z e .. 0) Ke, g ' �' n o a(oi : n n n n o n n 2 n o G S vp, N K� p m m y to 0�•-' -n n [•' r '•1, V1 �' n Od 0o • (�0`< p n ort, a'N a'5• .. Cl.,a �. �,x v1, Y �x x > �? nx x x nac > x nx 0 �f xG co G (� .0 0 o �O rt .9. 1 <7,O 0 0 %,-80 < 0 g O gg• O 0 ''�" 0 O o H „ a1 O fq p-n 0.:(• �.pp, �C r9 oG tnci pG g o 'o c e e, ( c c0 G O a n N Er G • A ¢;0c)rt (p 2 p A �9 c A c • A o c f `° a A °e o `D n R.a 8,o g. a+o o ~O .00 °o2 x .o `n � � x rn ern. pro pn.. oV et. "tV ' V �V �0 7,4 - 0f2n @2 � n -, (1''''0, "1 tai C A 0, .-, t.y o P . ,� 0 ,-& a O ►�O 0 aQ (0 -" O 2 p p..�,1 (0 to - y y f0 m .O a•.O y 00 N a O '11 f) N a O T Y' ,�. "' lg .n•• •d '1, ".n io �] n n n ( O ( < () a o � a .,, a � o a. y ' c o Q. 9. 5- � � aw .1-3 fl, .ox o 0 0 0 o < o w3 m� p rC rr n aa) ca ti re a ■-' .0 0Q 0. `+ s 0 a- O N c° m E w ai 2 ATi ^m cn y • r 0 ""`C A 0o 2 1D �.ry X O- � m �• O p (D �• K �� N X X X X G X X N y' < a2i 0.0 Al N a °1`< f1 a' op r ov o a � � oQ 01 p:? a Y D P.', Y ,0,-, m •, o •, Gw � o N O G < < < < co < < N CD a1- a• a z 9' cr a O .t O � ,D � N O O � V (D lD fD el N (D '� `C 7C� M A rt�< a a < g R. O a a ] � a a a a a a • � N O 8 oo¢'? O O Y Y a 5 < < G G G G G G oQ -". �y m r 5. 00 3 �'oQ n co co co rD ei m ;:7,104- w .o O 0 0 `o° " 0 0 w v.. n, n,n in rn rn 20 t0c_-°cna g vs rv, ro ,. p co ro ro .. ;o X w c c c rt ui 2 `r' a. a, a s rii w .lme,u.v ,rw•S„... swr... ....•......•,.,..,. Qinmmtttre &pnrt go the Toutou n Moonlit of tip of*mill Ernb: Your Committee of the Whole to whom was referred BILL NO. 99-94 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 114 N. FRANCES STREET, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. Roland Kelly, Chairman FREE PRESS 46110 PUBLISHING CO.