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Home My WebLink AboutProperty Located at Frances St and Luther Ct ORDINANCE No. 8284-92 Passed by the Common Council of the City of South Bend, Indiana. August 10, 92 19 Abut: City Clerk IRENE K. GAMMON Attest: �' President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 11, 92 19 City Clerk IRENE K. GAMMON Approved and signed by me 0 i9 Mayor • ORDINANCE NO. ci)a 8 4/- a- AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT (Frances Street and Luther Court) 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: A part of the East Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, of the second principal Meridian, City of South Bend, Portage Township, St. Joseph County, Indiana, and described as follows: A part of Lot 14 in Cottrell's First Addition to the City of South Bend, Indiana as recorded under Book 1, Page 49, dated April 28, 1854, at the Office of the Recorder, St. Joseph County, Indiana, and described as follows: Beginning at a point 138.00 feet north of the southeast corner of said Lot 14, said southeast corner of Lot 14 being at the intersection of the north right-of-way line of Colfax Avenue with the westerly right-of-way line of Frances Street; thence north 89°54'32" west(bearing assumed), 92.00 feet; thence north 00°00'00" east, 60.00 feet; thence south 89°54'32" east, 92.00 feet; thence south 00°00'00" east, 60.00 feet to the point of beginning, together with a part of Lot 14 in Cottrell's First Addition to the City of South Bend, Indiana, and described as follows: Beginning at the southeast corner of said Lot 14, said point being at the intersection of the north right-of-way line of Colfax Avenue with the west right-of-way line of Frances Street; thence north 89°54'32" west, 165.00 feet; thence north 00°00'00" east, 128.00 feet; thence south 89°54'32" east, 165.00 feet; thence south 00°00'00" east, 128.00 feet to the point of beginning, and is subject to any easements, restrictions and or covenants of record. The tracts described above contain a total of 0.6116 acres, more or less, together with an alley 10.00 feet in width, and described as follows: Commencing from the intersection of the north right-of-way line of Colfax Avenue (U.S. 20) with the west right-of-way line of Frances Street; thence north 00°00'00" east, 128.00 feet to the point of beginning; thence north 89°54'32" west, 165.00 feet; thence north 00°00'00" east, 5.00 feet; thence south 89°54'32" east, 73.00 feet; thence north 00°00'00" east, 5.00 feet; thence south 89°54'32" east, 92.00 feet; thence south 00°00'00" east 10.00 feet to the point of beginning, and is subject to rights of public utilities, restrictions, and or covenants of record. be and the same is hereby established as C-Commercial, F-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. • 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: Frances Street and Luther Court, South Bend, Indiana 2) Name and address of property owner of the petition site: Medical Arts Corporation of South Bend, d/b/a The South Bend Clinic 211 North Eddy Street P.O. Box 1755 South Bend, IN 46634 3) It is desired and requested that this property be rezoned from B-Residential, G-Height and Area to C-Commercial, F-Height and Area 4) This rezoning is requested to allow the following use: Off-site parking for employees and patients of The South Bend Clinic 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. MEDICAL ARTS CORPORATION OF SOUTH BEND d/b/a THE SOUTH BEND CLINIC "PETITIONER By �"Q Ri hard W. Morgan Barnes & Thornburg 600 1st Source Bank Center 100 North Michigan Street South Bend, IN 46601 Telephone: (219) 233-1171 Attorneys for Petitioner PETITION PREPARED BY: Exhibit A Legal Description Medical Arts Corporation of South Bend d/b/a The South Bend Clinic Zoning A part of the East Half of the Northeast Quarter of Section 12, Township 37 North, Range 2 East, of the second principal Meridian, City of South Bend, Portage Township, St. Joseph County, Indiana, and described as follows: A part of Lot 14 in Cottrell's First Addition to the City of South Bend, Indiana as recorded under Book 1, Page 49, dated April 28, 1854, at the Office of the Recorder, St. Joseph County, Indiana, and described as follows: Beginning at a point 138. 00 feet north of the southeast corner of said Lot 14, said southeast corner of Lot 14 being at the intersection of the north right-of-way line of Colfax Avenue with the westerly right-of-way line of Frances Street; thence north 89°54 ' 32" west (bearing assumed) , 92.00 feet; thence north 00°00 ' 00" east, 60.00 feet; thence south 89°54 '32" east, 92.00 feet; thence south 00°00 '00" east, 60.00 feet to the point of beginning, together with a part of Lot 14 in Cottrell's First Addition to the City of South Bend, Indiana, and described as follows: Beginning at the southeast corner of said Lot 14, said point being at the intersection of the north right-of-way line of Colfax Avenue with the west right-of-way line of Frances Street; thence north 89°54 ' 32" west, 165. 00 feet; thence north 00°00'00" east, 128.00 feet; thence south 89°54 '32" east, 165.00 feet; thence south 00°00'00" east, 128.00 feet to the point of beginning, and is subject to any easements, restrictions and or covenants of record. The tracts described above contain a total of 0.6116 acres, more or less. Exhibit B List of Property Owners Medical Arts Corporation of South Bend d/b/a The South Bend Clinic Zoning Frederick Zeithammer 925 E. LaSalle Ave. South Bend, IN 46617 Frederick F. Zeithammer 925 E. LaSalle Ave. South Bend, IN 46617 Howard W. & Patricia J. Sappington 923 E. LaSalle Avenue South Bend, IN 46617 Patricia A. and John E. Larkin, Jr. 917 E. LaSalle Ave. South Bend, IN 46617 John P. and Evelyn M. Frank 917 E. LaSalle Av. South Bend, IN 46617 OB-GYN Associates of South Bend, P.C. 912 E. LaSalle Ave. South Bend, IN 46617 Patricia H. Friar 905 Luther Ct. South Bend, IN 46617 William E. and Leslie Lynn Paul 926 E. LaSalle South Bend, IN 46617 Beverly Kelly 248 LaVerne Long Beach, CA 90803 Unity of Michiana, Inc. 905 E. Colfax Ave. South Bend, IN 46617 Edward A. Lawton & John M. Stenger 900 E. Colfax Ave. South Bend, IN 46617 Troeger Garcia & Anasari Building 922 E. Colfax Ave. South Bend, IN 46617 William E. Stenz & Claudia Manning 1703 Bader Ave. South Bend, iN 46617 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 July 22, 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 Medical Arts Corporation of South Bend to zone from "B" Residential , "B" Height and Area to "C" Commercial, "F" Height and Area, property located at northwest corner of Colfax Avenue and Frances Street , City of South Bend - APC #1459-92 Dear Council Members: The above referenced ordinance and site development plan of Medical Arts Corporation of South Bend was legally advertised July 9, 1992 and July 11, 1992. The Area Plan Commission at its public hearing on July 21, 1992, took the following action: Upon a motion by Joseph Serge, being seconded by Steeve Cooreman and unanimously carried, the proposed ordinance and site development plan of Medical Arts Corporation of South Bend to zone from "B" Residential, "B" Height and Area to "C" Commercial, "F" Height and Area, property located at northwest corner of Colfax Avenue and Frances Street, City of South Bend is sent to the Common Council with a favorable recommendation as tendered. Most of the surrounding properties contain medical or dental offices and clinics with parking. In addition, if the petitioners have a need to enlarge their parking area, expanding to the west seems to be the most logical direction. Commercial zoning currently exists one-half block to the west of this site. In the Commission's opinion, the proposed rezoning whould not be detrimental to the surrounding area. 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 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, Richard S. Johnson RSJ:sr Attachment CC: Medical Arts Corporation of South Bend CC: Richard W. Morgan STAFF REPORT July 13, 1992 Medical Arts Corporation or South Bend 1459-92 Location: northwest corner or Colfax Avenue and Frances Street City of South Bend REOUESTED ACTION: The petitioners are requesting a zone change from "B" Residential , "B" Height and Area to "C" Commercial , "F" Height and Area to construct a parking lot for the South Bend Clinic, located across Francis Street from this site. EXISTING LAND USE: The property contains four homes and a parking lot . SURROUNDING LAND USE AND ZONING: Located to the north. is a single-family home and a dental clinic zoned "B" Residential; to the west is the South Bend Clinic zoned "B" Residential; to the south is a Medical Clinic zoned "B" Residential; and to the west is a church zoned "B" Residential . ACCESS: Access to the site is from Francis Street . WATER SOURCE/SEWAGE DISPOSAL: DRAINAGE: the drainage has been addressed by the petitioner. SITE DATA: The total site to be rezoned is 26,640 square feet . Of that , the parking and drives. will occupy 21 ,880 square feet , or 82 percent of the site; and 4,760 square feet or 18 percent of the site will remain as open space. 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 final . AGENCY COMMENTS: 1 ' , ICHAL ANT i � QrALMOND cn ISSELL I _ ST. L_ 5 = WIi_.: Q Q 0\ 111 U'`�� SOR 1 N �� — i CDC) I t1 i i INERQ r I i WPMf J ■ _ ww r ( sx.-ri r °x . �c a xa .. t / i O� lh�ADI. DISON ,z ,^ ,g 3 1 3 a ST. Q� „-c: -z r r . / i � I "zip" ! �: -- ,Fa v �' ^� III �//, �. MIL E I L Si jLASA i y 1 r U t � - AVE. — ICOLF' v') .. e p f 1 � ( iI WASHI , >„ WASHINGTON z D I _J E .\ _ a - FFRJE. t WAY NE HOWARD S N PARK — a ° W 1— v WAY i WAY J 7,I. Q w N Cn N S T SOUT..41671 Cr QUIMBYTI � NEDE w 1------------- > REZONING FROM: "B" RESIDENTIAL, "B" HEIGHT AND AREA APC #1459-92 TO: "C" COMMERCIAL, "F" HEIGHT AND AREA PETITION AREA A =:_ SOUTH BEND ZONING "A" RESIDENTIAL t 1 "B" RESIDENTIAL ; "C" COMMERCIAL . ._} ' "C-1" COMMERCIAL -_ ..=:. - NORTH