HomeMy WebLinkAboutZoning - Several lots bounded by Michigan, Bartlett, Parklane and Main St) ORDINANCE No. 8310-92
Passed by the Common Council of the City of South Bend, Indiana
November 9, 92
r9
Attest: - City Clerk
IRENE K. GAMMON
Attest: --__ . • President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 10, 92
19
City Clerk
IRENE K. GAMMON
Approved and signed by me ig 9-))
P
Mayor
AIM
ORDINANCE NO. c?-9 - 94
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT
(Several lots bounded by Michigan, Bartlett, Parklane and Main Streets)
IN THE CITY OF SOUTH BEND, INDIANA
BE IT ORDAINED by the 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 from C-Commercial and A-Residential, B, D and F
Height and Area to C-Commercial, F-Height and Area:
Parcel I: Lots Numbered 32, 33, 34, and the South 19 feet of Lot Numbered 38
as shown on the recorded Plat of J.G. Bartlett's Second Addition to the City of
South Bend, Indiana.
Parcel II: Lots Numbered 35, 36, 37 and 39 as shown on the recorded Plat of
J.G. Bartlett's Second Addition to the City of South Bend, Indiana and a part of
Lot Numbered One Hundred Twenty-Four (124) of the Third Plat of Out Lots of
the Town, now City of South Bend, platted by the State Bank of Indiana, which
part is bounded by a line running as follows: Beginning at the Northeast corner
of Lot Numbered 39 in J.G. Bartlett's Second Addition to the City of South Bend;
thence West 165 feet, more or less, to the East line of a public alley; thence North
50 feet, more or less, to the South line of Foote Street (now known as Park Lane);
thence East along the South line of Foote Street (now known as Park Lane) 165
feet, more or less, to the West line of Michigan Street, thence South to the place
of beginning.
Parcel III: Lots Numbered 29 and 30 as shown on the recorded Plat of J.G.
Bartlett's First Addition to the City of South Bend, Indiana.
Parcel IV: Lots Numbered 17 and 18 and the North 30 feet of Lot Numbered 16
as shown on the recorded Plat of Joseph G. Bartlett's First Addition to the City
of South Bend, Indiana.
Parcel V: That part of Bank Out Lot Numbered 124 of the Third Plat of Out Lots
of the Town, now City of South Bend, platted by the State Bank of Indiana, which
is bounded by a line running as follows, viz: Beginning at the point of intersection
of the East line of Main Street in said City, with the South line of Foote Street
(now Park Lane) in said City; thence running East on the South line of Foote
Street (now Park Lane) 165 feet, more or less, to the West line of a public alley;
thence South on the West line of said alley 50 feet, more or less, to the North line
of Bartlett's Second Addition to the City of South Bend; thence West on the North
line of said Addition, 165 feet, more or less, to the East line of Main Street;
thence North on the East line of Main Street 50 feet, more or less, to the place of
beginning, EXCEPTING therefrom the tract of land 125 feet in length, East and
West, taken off and from the entire West end thereof conveyed to David
Jacobowitz and Louise Jacobowitz, husband and wife, by Warranty Deed dated
October 23, 1956 and recorded in Deed Record 560, page 302.
EXHIBIT A
LEGAL DESCRIPTION
Memorial Hospital of South Bend, Inc. and
Eugene F. Stewart Rezoning
Parcel I: Lots Numbered 32, 3 3, 34, and the South 19
feet of Lot Numbered 38 as shown on the recorded Plat of
J.G. Bartlett's Second Addition to the City of South
Bend, Indiana.
Parcel II: Lots Numbered 35, 36, 37 and 39 as shown on
the recorded Plat of J.G. Bartlett's Second Addition to
the City of South Bend, Indiana and a part of Lot
Numbered One Hundred Twenty-Four (124) of the Third Plat
of Out Lots of the Town, now City of South Bend, platted
by the State Bank of Indiana, which part is bounded by a
line running as follows: Beginning at the Northeast
corner of Lot Numbered 39 in J.G. Bartlett's Second
Addition to the City of South Bend; thence West 165 feet,
more or less, to the East line of a public alley; thence
North 50 feet, more or less, to the South line of Foote
Street (now known as Park Lane) ; thence East along the
South line of Foote Street (now known as Park Lane) 165
feet, more or less, to the West line of Michigan Street,
thence South to the place of beginning.
Parcel III: Lots Numbered 29 and 30 as shown on the
recorded Plat of J.G. Bartlett's First Addition to the
City of South Bend, Indiana.
Parcel IV: Lots Numbered 17 and 18 and the North 30 feet
of Lot Numbered 16 as shown on the recorded Plat of
Joseph G. Bartlett' s First Addition to the City of South
Bend, Indiana.
Parcel V: That part of Bank Out Lot Numbered 124 of the
Third Plat of Out Lots of the Town, now City of South
Bend, platted by the State Bank of Indiana, which is
bounded by a line running as follows, viz: Beginning at
the point of intersection of the East line of Main Street
in said City, with the South line of Foote Street (now
Park Lane) in said City; thence running East on the South
line of Foote Street (now Park Lane) 165 feet, more or
less, to the West line of a public alley; thence South on
the West line of said alley 50 feet, more or less, to the
North line of Bartlett's Second Addition to the City of
South Bend; thence West on the North line of said
Addition, 165 feet, more or less, to the East line of
Main Street; thence North on the East line of Main Street
50 feet, more or less, to the place of beginning,
EXCEPTING therefrom the tract of land 125 feet in length,
East and West, taken off and from the entire West end
thereof conveyed to David Jacobowitz and Louise
Jacobowitz, husband and wife, by Warranty Deed dated
October 23, 1956 and recorded in Deed Record 560, page
302.
•
• AMENDED PETITION
Date Filed Application No.
Date received by the Area Plan Commission
The undersigned makes 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:
85% of the block bounded by Michigan, Bartlett, Parklane
and Main Streets
2) Name and address of property owner of the petition site:
Memorial Hospital of South Bend, Inc.
615 North Michigan Street
South Bend, IN 46601
Eugene F. Stewart
116 West Parklane
South Bend, IN 46601
3) It is desired and requested that this property be rezoned
from C-Commercial and A-Residential, B, D and F Height
and Area
to C-Commercial, F-Height and Area
4) This rezoning is requested to allow the following use:
Employee parking for Memorial Hospital of South Bend,
Inc.
5) Attached is a copy of (a) legal description of the property;
(b) a list of names and addresses of all property owners
within 300 feet of the petition property; and (c) five (5)
site plans; and (d) addressed, stamped envelopes for all
property owners within 300 feet of the petition property.
7) By signing this petition, we and any contingent purchaser
understand that if the Council approves this petition to
rezone, 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 initial zoning classification.
Under certain conditions, a time extension on the submittal of
the final site plan may be requested.
MEMORIAL HOSPITAL OF SOUTH BEND, INC.
and EUGENE F. STEWART,
"PETITIONERS"
By
Rich rd W. Morg
Barnes & Thornburg
600 1st Source Bank Center
100 North Michigan Street
Mammlttee spurt
Uhl tilt flnntn on (tomtit of the Mtn of*mitt, fiend:
Your Committee
of the Whole
to whom was referred
BILL NO.
75-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR
PROPERTY LOCATED AT SEVERAL LOTS BOUNDED BY MICHIGAN,
BARTLETT, PARKLANE AND MAIN STREETS IN THE CITY OF SOUTH
BEND, INDIANA.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable, as amended,
by substitution.
Ann Puzzello
Chairman
FREE PRESS atalw PUBLISHING CO.
€_. -„,aetil 75=
AREA PLAN COMMISSION RICHARD S. JOHNSON
OF ST. JOSEPH COUNTY, IN Executive Director
Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571
October 21 , 1992
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 Memorial Hospital of South
Bend, Inc. and Eugene F. Stewart to zone from "C" Commercial and "A" Residential ,
"B" , "D", and "F" Height and Area to "C" Commercial, "F" Height and Area,
property located at the northeast corner of Main and Bartlett Streets, City of
South Bend - APC #1483-92
Dear Council Members:
The above referenced ordinance and site development plan of Memorial Hospital of
South Bend, Inc. was legally advertised on October 8, 1992. The Area Plan
Commission at its public hearing on October 20, 1992, took the following action:
Upon a motion by Harold Means, being seconded by Joseph Serge and unanimously
carried, the proposed ordinance and site development plan of Memorial Hospital
of South Bend, Inc. and Eugene F. Stewart to zone from "C" Commercial and "A"
Residential , "B", "D", and "F" Height and Area to "C" Commercial , "F" Height and
Area, property located at the northeast corner of Main and Bartlett Streets, City
of South Bend is sent to the Common Council with a favorable recommendation as
tenderedThis rezoning would bring the existing parking into conformance with the
Zoning Ordinance, and allow the hospital to expand its employee parking area. In
the Commission's opinion, the proposed use is in keeping with the surrounding
area, and we recommend that this petition be sent to the Common Council with a
favorable recommendation, as tendered.
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.
Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN
STAFF REPORT October 9, 1992
Memorial Hospital of South Bend, Inc. 1483-92
Location: the northeast corner of Main
and Bartlett Streets
City of South Bend
REQUESTED ACTION: The petitioners are requesting a zone change
from "C" Commercial and "A" Residential , "B" ,
"D" , and "F" Height and Area to "C"
Commercial , "F" Height and Area to allow the
construction of an employee parking lot .
EXISTING LAND USE: The property contains parking areas, two
commercial buildings, and two single family
homes.
SURROUNDING LAND USE AND ZONING: Located to the north is Leeper Park zoned "A"
Residential ; to the east is the South Bend
Water Works zoned "A" Residential ; to the
south is Memorial Hospital zoned "C"
Commercial ; and to the west is a school , the
YWCA, and single family homes zoned "A"
Residential .
ACCESS: Access to the site is from Park Lane, and
Bartlett , Main, and Michigan Streets.
WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. <.
DRAINAGE: The drainage has not been addressed by the
petitioner.
SITE DATA: The total site to be rezoned is 2.83 acres.
Of that , the buildings will occupy 5,300
square feet , or 4.3 percent of the site; and
the parking and drives will occupy 2.71 acres,
or 95.7 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:
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REZONING FROM "C" COMMERCIAL AND "A" RESIDENTIAL, "B" , "D" , and "F" HEIGHT AND AREA
TO: "C" COMMERCIAL, "F" HEIGHT AND AREA
PETITION AREA ._ APC #1483-92
SOUTH BEND ZONING
"A" RESIDENTIAL 1 1
"A-3" RESIDENTIAL =rty
"B" RESIDENTIAL
"C" COMMERCIAL
"D" LIGHT INDUSTRIAL I •1
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