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HomeMy WebLinkAbout9390-03 Rezoning - Property located between Navarre Street, Bartlett Street, St. Joseph, and U.S. 31/33, Excepting Lot 1 through Lot 1 throughORDINANCE No. s3s~o3 Passed by the Common Council of the Ciry of Soutlt Bend, Indiana February 10, Attest: Attest: 20 03 Presented by me to the Mayor of the City of South Bend, Indiana February 12 03 20 City Clerk President of Common Council Ciry Clerk Approved and signed by me February 14 20 03 Mayrn ORDINANCE NO. - I ~ ~ O AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN NAVARRE STREET ON THE SOUTH, BARTLETT STREET ON THE NORTH, ST. JOSEPH STREET ON THE EAST AND U.S. 31/33 ON THE WEST, EXCEPTING LOT 1 THROUGH LOT 4 AND LOTS 10, 11 AND 12 IN ROCKSTROH BROTHERS SECOND ADDITION, AND INCLUDING ANY VACATED ALLEYWAYS LOCATED ADJACENT TO THE LOTS WHICH COMPRISE THE PETITION PROPERTY AND INCLUDING THE COMMON STREET ADDRESSES OF 620 NORTH MICHIGAN STREET AND 701 ST. JOSEPH STREET. BE TT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Ordinance No. 4990-68, as amended, which ordinance is commonly lrnown 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: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 as shown on the recorded plat of Dinan's Subdivision in the City of South Bend, Indiana and Lots 30, 31, 32, 33, 34, and 35 as shown on the recorded plat of Rockstroh's Second Edition to the City of South Bend, Indiana. Also, Lots 5, 6, 7, 8 and 9 as shown on the recorded plat of Rockstroh Brothers Subdivision to the City of South Bend, Indiana and all vacated alleys and vacated Dinan Avenue located between and adjacent to said Lots. be and the same is hereby established as a classification of "C" Commercial, "F" Height and Area. SECTION II. The Petitioner agrees that no structure shall be higher than a maximum of five (5) stories or sixty (60) feet, and that a new rezoning will be required if Petitioner desires to exceed such height limitation. SECTION III. 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. 1st READING ~ ~ g' ~ ~ PUBLIC HEARING 'Z-gyp -03 lJCS ~u~,S~-~.4~ 3 rd READING 2-l O- 0 3 a S 5 t-t~o S'~e +~-~ NOT APPROVED REFERRED PASSED 'Z-\ O-©3 0.S Sub r fit, s .z~~~~~~~ ~~ ~~ /I ~ Member of the Common Council F~l~~ ~n ~9~~~~ ~ ~fif @~~ ~~ ~ ~ ~~~~ Lo~1v~1T.1J. DUDS. . -__ C6T:'CEfVR~,:',~. F',~t3D, ~?~' COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 50-02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN NAVARRE STREET ON THE SOUTH, BARTLETT STREET ON THE NORTH, ST. JOSEPH STREET ON THE EAST AND U.S. 31/33 ON THE WEST, EXCEPTING LOT 1 THROUGH LOT 4 AND LOTS 10, 11 AND 12 IN ROCKSTROH BROTHERS SECOND ADDITION, AND INCLUDING ANY VACATED ALLEYWAYS LOCATED ADJACENT TO THE LOTS WHICH COMPRISE THE PETITION PROPERTY AND INCLUDING THE COMMON STREET ADDRESSES OF 620 NORTH MICHIGAN STREET AND 701 ST. JOSEPH STREET 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 a second substitute due to a new Section II which reads as follows: The Petitioner agrees that no structure shall be higher than a maximum of five (5 J stories, and that a new rezoning will be required if Petitioner desires to exceed such height limitation. Karl King Chairman Date Filed: Date received by the Area Plan Commission Application No. AMENDED PETITION TO REZONE The undersigned, Memorial Hospital of South Bend, Inc., Memorial Holladay Office Park L.P. (formerly known as Memorial/Holladay Office Park Associates) and Holladay Medical Properties Associates ("Petitioners"), 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: All property located between Navarre Street on the South, Bartlett Street on the North, St. Joseph Street on the East and U.S. 31/33 on the West, excepting Lot 1 through Lot 4 and Lots 10, 11 and 12 in Rockstroh Brothers Second Addition, and including any vacated alleyways located adjacent to the lots which comprise the petition property. This property includes, without limitation, 620 North Michigan Street and 701 St. Joseph Street. 2) Name and address of property owner(s) of the petition site: Memorial Hospital of South Bend, Inc. 615 North Michigan Street South Bend, Indiana 46601 (574) 284-3677 Holladay Medical Properties Associates 227 South Main Street South Bend, Indiana 46601 (574) 234-2073 Memorial Holladay Oftce Park L.P. 227 South Main Street South Bend, Indiana 46601 (574) 234-2073 3) Name and address of contingent purchaser(s), if applicable: None 4) It is desired and requested that this property be rezoned: Fi,~l~ 61~ ~$rl'i~~~„ ~~~El~l~ cr~'o~~ .:,s~.~Wesa,rg.. From: "B" Residential, "C" and "E" Height and Area; and "C" Commercial, "C" and "E" Height and Area To: "C" Commercial, "F" Height and Area SBDS02 BRB 250924v3 5) This rezoning is requested to allow the following use(s): Hospital/Medicaluses and their associated uses 6) Attached is a copy of (a) a legal description of the property; (b) 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; (c) six (6) preliminary site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, the undersigned and any contingent purchaser understand that if the Council approves this petition to rezone, it maybe 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 maybe requested. l ~----' race R. Bancroft, Esq. Attorney for Petitioners PETITION PREPARED BY: Bruce R. Bancroft Barnes & Thornburg 100 North Michigan Street South Bend, IN 46601-1632 Telephone: (574) 233-1171 SBDS02 BRB 250924v3 ,,. 5 a4~~~ ~~, ~",~ Mb~4~ ~~~~ a ~~-~; 1 ~~ ~~~~ 4.. ~.,~......~u..~_,...p...-11r p~ _ - - . ~t ~ ~ ~iLL' ~Ii~L+.~''di~. QLY';.VI I~m. PETITION TO REZONE filed by MEMORIAL HOSPITAL OF SOUTH BEND, INC. and MEMORIAL HOLLADAY OFFICE PARK L.P. and HOLLADAY MEDICAL PROPERTIES ASSOCIATES LEGAL DESCRIPTION REAL ESTATE LOCATED IN ST. JOSEPH COUNTY, INDIANA: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 as shown on the recorded plat of Dinan's Subdivision in the City of South Bend, Indiana and Lots 30, 31, 32, 33, 34, and 35 as shown on the recorded plat of Rockstroh's Second Edition to the City of South Bend, Indiana. Also, Lots 5, 6, 7, 8 and 9 as shown on the recorded plat of Rockstroh Brothers Subdivision to the City of South Bend, Indiana and all vacated alleys and vacated Dinan Avenue located between and adjacent to said Lots. b ~e~~rb,~. c~..~: ~` SBDS02 BRB 250924v3 Z,AP ~ 1 ~ ~ ATTA(~1rFNP "B" PAGE 1 Key No.: 18-1005-0197 / 0191 / 0177 / 0175 / 0173 Key No.: 18-1005-0172 / 0171 / 0170 Key No.: 18-1005-0168 / 0167 / 0166 / 0165 Key No.: 18-1007-0242 / Key No.: 18-1004-0161 / 0156 / 0130 / 0129 / 0128 / 0127 Key No.: 18-1004-0126 Key No.: 18-1011-0442 / 0443 / 0441 Key No.: 18-1011-0439 / 0436 / 0435 / 0432 / 0400 Key No.: 18-1009-036401 Key No.: 18-1005-1092 Key No.: 18-1005-0198 Key No.: 18-1005-0188 Key No.: 18-1005-0180 / 0179 Key No.: 18-1007-0238 / 0252 Attn: Jeff Costello, CFO Memorial Hospital of South Bend, Inc. 615 N. Michigan Street South Bend, IN 46601 Attn: Ted Foti, Sr. Vice President Memorial Health System, Inc. 707 N. Michigan Street, Suite 100 South Bend,1N 46601 Leeper Park MemoriaUHolladay Office Park Associates P.O. Box 1331 South Bend, IN 46624 James K. Hughes Penny D. Hughes Scott Allen Hughes 1918 Southern View South Bend, IN 46614 P`,AP ~ 1 • • ATT ~rBn Angelito D. Naval Key No.: 18-1007-0239 51244 Outer Drive South Bend, IN 46628 Northern Indiana Rehab Medicine, Inc. Key No.: 18-1007-0240 8127 Merriville Rd. Merrillville, IN 46410 Kenyon S. Tweedell Key No.: 18-1007-0241 210 E. Bartlett St. South Bend, IN 46601 Ron M. and Patricia M. Gamble Key No.: 18-1007-0243 218 E. Bartlett Street South Bend, In 46601 Gloria G. Wolvos Revocable Trust Key No.: 18-1007-0244 721 Riverside Drive South Bend, IN 46601 PA[~? 2 MAP ~ ~ ATTA(~TP '$" Robert V. & Barbara L. Names Key No.: 18-1007-0251 221 Hammond Place South Bend, IN 46601 Marc & Heather Willekens Key No.: 18-1007-0250 217 Hammond Place South Bend, IN 46601 Heidi J. Thacker Key No.: 18-1007-0249 215 Hammond Place South Bend, IN 46601 William G. and Catherine D. Hostetler Key No.: 18-1007-0248 / 0245 708 N. St. Joseph St. South Bend, IN 46601 Nancy M. Coiro Key No.: 18-1007-0246 706 N. St. Joseph Street South Bend, IN 46601 PA(~ 3 . 1~AP ~ 1.. , ATTA(~1~'ENP ~~~~ William John Klein Key No.: 18-1007-0247 702 N. St. Joseph Street South Bend, IN 46601 John I. and Mary Grahm Key No.: 18-1007-0260 26114 Locust Place Monee,IL 60449 Fronse Wayne Smith and Karey J. Hogue Key No.: 18-1007-0259 224 Hammond Place South Bend, IN 46601 Valley Knolls Properties, Inc. Key No.: 18-1007-0258 c/o Jerry L. Watts P.O. Box 868 South Bend, IN 46624 Emil J. McCauley Key No.: 18-1007-0257 214 E. Hammond Place South Bend, IN 46601 PA(~ 4 MP,P ~ 1 ~ ~ ATTA(~T~FNT '$rr Lee W. Goodsell Key No.: 18-1007-0256 210 Hammond Street South Bend, IN 46601 Vera M. Serhan Key No.: 18-1007-0253 620 N. St. Joseph Street South Bend, IN 46601 Maria N. Baker Key No.: 18-1007-0254 636 E. Ireland Road South Bend, IN 46614 Key No.: 18-1007-0255 Near Northwest Neighborhood, Inc. Key No.: 18-1006-0211 P.O. Box 1132 South Bend, IN 46624 Peter G. Hauser and Macalpine P. Dice Key No.: 18-1007-0267 221 E. Navarre Street South Bend, IN 46601 PA(~ 5 ~P ~ ~ ~ ~ rrBrr Stephanie McCune Key No.: 18-1007-0266 219 E. Navarre Street South Bend, IN 46601 Marilynn J. Schaut Key No.: 18-1007-0265 213 E. Navarre Street South Bend, IN 46601 Justin A. & Suzanne Christensen Key No.: 18-1007-0264 209 Navarre South Bend, IN 46601 John Gregory and Monica M. Anderson Key No.: 18-1007-0263 / 0262 1224 E. Wayne N. South Bend, IN 46615 Quinton D. & Lara Smith Key No.: 18-1007-0261 610 N. St. Joseph St. South Bend, IN 46601 PAGE 6 r1~P ~ l ~ , _ A~rrac~xr ~~~~ Luci E. Brown Key No.: 18-1006-0204 222 Navarre Street South Bend, IN 46601 Walter J. and Adeline Macalka Key No.: 18-1006-0203 2009 Monroe Street LaPorte, IN 46350 Key No.: 18-1006-0202 Eugene Forsythe Key No.: 18-1004-1057 / 1058 / 1059 216 E. Navarre South Bend, IN 46601 Evangeline Frances Siomos Key No.: 18-1006-0201 335 Preston Dr. South Bend, IN 46615 Richard E. Meller Key No.: 18-1006-0200 801 Lincoln Way West Mishawaka, IN 46544 PA(~: 7 MAP ~~ „~ ATTA(7~FNf' rrBn Sigrid L. Thanos Key No.: 18-1006-0199 202 E. Navarre Street South Bend, IN 46601 Christopher Lee & June C. Simons Key No.: 18-1006-0210 1344 Jackson Road South Bend, IN 46614 Erich K. and Frida Blank Key No.: 18-1006-0212 208 Riley Place South Bend, IN 46601 Ramiro Rodriguez and Laurie S. Rousseau Key No.: 18-1006-0223 520 N. St. Joseph Street South Bend, IN 46601 PACE 8 Patrick Sullivan Key No.: 18-1006-0224 516 N. St. Joseph Street South Bend, IN 46601 MAP ~ 1, . , ATTt1(~ "B" PA[~ 9 .~ Key No.: 18-1004-0134 Key No.: 18-1005-1083 / 018301 Attn: Truman Abram LaPetite Academy, Inc. 14 Corporate Woods Tax Dept. 8717 W. 10th Street, Suite 300 Shawnee Mission, KS 66202 Frederick G. & Katherine P. Kagel 602 N. Michigan Street South Bend, IN 46601 F~s~a ~~ +~i~~~~=~ ~~~~~~ ~~';' ~ `3 f~~ ~0?i~Pfd J. CI4t'J~ . BARNES &THORNBURG Richard J. Deahl (574) 237-1240 Email: richard.deahl®htlaw.com VIA HAND DELIVERY Ms. Loretta Duda Clerk Common Council of the City of South Bend Room 455, County-City Building South Bend, Indiana 46601 RE: Re-filing of Substitute Bill No. 50-02 Dear Ms. Duda: 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574)233.1171 Fax (574)237-1125 www.btlaw.com February 11, 2003 As you know, Memorial Hospital of South Bend agreed to file another Substitute Bill No. 50-02 last evening. Enclosed please find this revised Bill, which includes a provision that no structure shall be higher than a maximum of five (5) stories or sixty (60) feet .... Please accept this revised Bill for filing. As always, please feel welcome to contact me should you have any questions or concerns. We greatly appreciate your assistance. Very truly yours, S & THORNBURG Richard J. Deahl RJD:sIr Enclosure cc: Bruce R. Bancroft, Esq. SBDS02 RJD 267542v1 Fii~d in CI~rEti'~ Cfi~c~~ FEf3 ~ ~ Zt~Oa LOFisrTf~iJ. Cllt33°~~~ CRYC1Eli~~ SC9. E'~Ef€~, i'r3. Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. . . Area Plan Commission of St. Joseph County 1140 County-City Building 227. West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Jo[~n W. Byorni Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 December 18, 2002 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., Memorial Holladay Office Park L.P., and Holladay Medical Properties Associates to zone from "B" Residential, "C" and "E" Height and Area, "C" Commercial, "C" and "E" Height and Area, to "C" Commercial, "F" Height and Area, property located at 620 North Michigan Street and property located between Navarre Street on the South, Bartlett Street on the North, St. Joseph Street on the East and Michigan Street on the west, City of South Bend - APC #2158-02 Dear Council Members: The above referenced ordinance and site development plan of Memorial Hospital of South Bend, Inc. was legally advertised August 8, 2002. The Area Plan Commission at its public hearing on December 17. 2002.-took the following action: IIpon a motion by Gary Gilot, being seconded by John DeLee and unanimously carried, the proposed ordinance and site development plan of Memorial Hospital of South Bend, Inc., Memorial Holladay Office Park L.P., and Holladay Medical Properties Associates to zone from "B" Residential, "C" and "L" Height and Area, "C" Commercial, "C" and "L" Height and Area, to "C" Commercial, "F" Height and Area, property located at 620 North Michigan Street and property located between Navarre Street on the South, Bartlett Street oa the North, St. Joseph Street on the Last and Michigan Street on the west, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This rezoning will aid in the efficient development of the Memorial Hospital campus and will beaefit the community as a whole. 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. 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. S' a ly, t Sa to RWS:sr Attachment CC: Memorial Hospital of South Bend, Inc. CC: Memorial Holladay Office Park L.P. and CC: Bruce R. Bancroft Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseiand and St. Joseph County, Indiana STAFF REPORT December 9, 2002 Memorial Hospital of South Bend, Inc. 2158-02 Location: 62o North Michigan Street and property located between Navarre Street on the South, Bartlett Street on the North, St. Joseph Street on the East and Michigan Street on the west City of South Bend RE VESTED ACTION: The petitioner is requesting a zone change from "B" Residential, "C" and "E" Height and Area, and "C" Commercial, "C" and "E" Height and Area to "C" Commercial, "F" Height and Area to allow hospital/medical related uses and their associated uses. EXISTING LAND USE: The property currently contains hospital/medical related uses and associated off-street parking facilities. SURROUNDING LAND USE AND ZONING: Located to the north are hospital/medical related uses zoned "C" Commercial, "C" Height and Area and a park zoned "A" Residential, "A" Height and Area; to the east are single-family homes and duplexes zoned "A" Residential, "C" Height and Area; to the south are hospital/medical related uses and a mixed-use building zoned "C" Commercial, "F" Height and Area and a duplex, daycare and vacant land zoned "B" Residential, "B" Height and Area; and to the west are hospital/medical related uses and associated off-street parking facilities zoned "B" Residential, "A" and "C" Height and Area and "C" Commercial, "F" Height and Area. ACCESS: Access to the site is from Bartlett Street, St. Joseph Street, Navarre Street and Michigan Street. 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 3 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no wetlands or environmental hazard areas are present. However, it appears that a portion of this site is classified as Flood Zone "B" according to the Federal Insurance Rate Map. In addition, a community wellfield is located north of the site. SITE PLAN• The site plan is preliminary. AGENCY COMMENTS: The City Engineer will require a drainage plan at the final site plan stage. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the STAFF REPORT December 9, 2002 public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation, subject to a final site development plan. This rezoning will aid in the efficient development of the Memorial Hospital campus and will benefit the community as a whole. ~ o ~ ~E F ~~ ~ ~~ HOWARD ST. a r NOR h Q /rV(R I ~ 1 ~ ~; ~I ~ I I I h .. s ~~ , ,IpSE~ I - - - W ST, p V ~ W `~. LL' \ - _ __~ RIVER fD ~`.\. ~ °~ ~ ' a i N ' CORBY BLVD. 9 Qa~ J PARK LN. ~ ~° Q~o~ m ~P~~ y - o ~~ .- _ ~, 0 0~ ~ ~e~ '~` ~ Q~~g _ ~ D ~ ~ BARTLETT ST. p R ~ ,e~ \\ PETITION AREAS ~ ~~~~ '~~~~ _ o ' -_- o ~~ ~ ~' ~ HAMMOND PL. ~--- I C-\== 9~ {.n..... - - cn ~ ~ o -r - I --- ~ U ~~ - - 4-- ~\ ~~ ~ I ' a _J__ NAVARRE ST. --- NAVARRE ST. ~ ~°~ ... I I I I ~~I "--"' [~3 J --- _T ---- N .. -oU ~ ~ I d ~ I 0 I I O I\ Q MARION H ST. ~--T-- CEDAR ST I I o - I I I 'a~°i ~ I I 1 I ~ Q Q = --- LI_L ~°~ Q~° 01 J ~ ~-r MMo W = ~ I ~~, ~ G I . ~ ~. 5 ~'' MAOI N ST. REZONING FROM: "B" RESIDENTIAL, "C" & "E" HEIGHT & AREA,& "C" COMMERCIAL, "C" & "E" HEIGHT & AREA TO: "C" COMMERCIAL, "F" HEIGHT & AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL D "A-3" MIXED USE O "B" RESIDENTIAL O "C" COMMERCIAL- o "D" LIGHT INDUSTRIAL D "PHC" PROFESSIONAL/ D H EALTH CAR E APC # 2158-02 0 200 400 800 Graphic Scale PETITION AREA ORDINANCE NO. . AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN NAVARRE STREET ON THE SOUTH, BARTLETT STREET ON THE NORTH, ST. JOSEPH STREET ON THE EAST AND U.S. 31/33 ON THE WEST, EXCEPTING LOT 1 THROUGH LOT 4 AND LOTS 10, 11 AND 12 IIV ROCKSTROH BROTHERS SECOND ADDITION, AND INCLUDING ANY VACATED ALLEYWAYS LOCATED ADJACENT TO THE LOTS WHICH COMPRISE THE PETITION PROPERTY AND INCLUDING THE COMMON STREET ADDRESSES OF 620 NORTH MICHIGAN STREET AND 701 ST. JOSEPH STREET. BE TT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Ordinance No. 4990-68, as amended, which ordinance is commonly loYOwn 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: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, I2, and 13 as shown on the recorded plat of Dinan's Subdivision in the City of South Bend, Indiana and Lots 30, 31, 32, 33, 34, and 35 as shown on the recorded plat of Rockstroh's Second Edition to the City of South Bend, Indiana. Also, Lots 5, 6, 7, 8 and 9 as shown on the recorded plat of Rockstroh Brothers Subdivision to the City of South Bend, Indiana and all vacated alleys and vacated Dinan Avenue located between and adjacent to said Lots. be and the same is hereby established as a classification of "C" Commercial, "F" Height and Area. SECTION II. The Petitioner agrees that no structure shall be higher than a maximum of five (5) and that a new rezoning will be required if Petitioner desires to exceed such height limitation. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the n Council, approval by the mayor, and legal publication. /. ~~o~~ ~ ~Xr~ ~• ~ - 1 ~a -OZ 1 st READING PUBLIC HEARItJG 3 rd READING NOT APPROVED _ REFEP.RED g-P-~'~ ~ `" PA55ED r ,g( j//alt I '- M er of the Common Counc' ~) k ~ ~G~~5a1~. ~73'3~3 ORDINANCE NO. . AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1N THE CITY OF SOUTH BEND BETWEEN NAVARRE STREET ON THE SOUTH, BARTLETT STREET ON THE NORTH, ST. JOSEPH STREET ON THE EAST AND U.S. 31/33 ON THE WEST, EXCEPTING LOT 1 THROUGH LOT 4 AND LOTS 10, 11 AND 12 IN ROCKSTROH BROTHERS SECOND ADDITION, AND INCLUDING ANY VACATED ALLEYWAYS LOCATED ADJACENT TO THE LOTS WHICH COMPRISE THE PETITION PROPERTY AND INCLUDING THE COMMON STREET ADDRESSES OF 620 NORTH MICHIGAN STREET AND 701 ST. JOSEPH STREET. BE TT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. Ordinance No. 4990-68, as amended, which ordinance is commonly lrnown 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: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 as shown on the recorded plat of Dinan's Subdivision in the City of South Bend, Indiana and Lots 30, 31, 32, 33, 34, and 35 as shown on the recorded plat of Rockstroh's Second Edition to the City of South Bend, Indiana. Also, Lots 5, 6, 7, 8 and 9 as shown on the recorded plat of Rockstroh Brothers Subdivision to the City of South Bend, Indiana and all vacated alleys and vacated Dinan Avenue located between and adjacent to said Lots. be and the same is hereby established as a classification of "C" Commercial, "F" Height and Area. SECTION II. The Petitioner agrees that no structure shall be higher than a maximum of five (5) stories, and that a new rezoning will be required if Petitioner desires to exceed such height limitation. SECTION III. 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. Member of the Common Council 1 sr READING ~ ~g_ Q2 PUBLIC HEARING 3rd READING NOT APPROVED REFERRED ~ '~' ~~~'VZ"` PASSED i=ii~~i in ~i~r~'~ ~~~i~~ LOR~7TAJ. [H;Dl9 G3P~ C9.1»RES, EO. B~EiD, ~3, BARNES &THORNBURG Richard J. Deahl (574) 237-1240 Email: richard.deahl~btlaw.com VIA HAND DELIVERY Ms. Loretta Duda Clerk Common Council of the City of South Bend Room 455, County-City Building South Bend, Indiana 46601 RE: Session of the Common Council (February 10, 2002) Proposed "Substitute Bi1150-02" Dear Ms. Duda: 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574)233-1171 Fax (574)237-1125 www.btlaw.com February 7, 2003 Enclosed for filing, please find a "Substitute Bill 50-02" related to the rezoning of property located in the City of South Bend having a street address of 620 North Michigan Street. This Substitute Bill is submitted with a new "Section II" reflecting the Petitioner's agreement that no structure shall be higher than a maximum of five (5) stories, and that a new rezoning will be required in the event Petitioner desires to exceed such height limitation. We appreciate your assistance with filing this Substitute Bill. As always, please feel welcome to contact me if I can answer any questions or concerns. Very truly yours, BARNES & THORNBURG ..~ ~...-p~. ~.~4G-P Richard J. Deahl RJD:sIr Enclosure cc: Bruce R. Bancroft, Esq. SBDS02 RJD 267339v1 eil~d try Ct~ri~'~ Qfifc~~ ~E~ 0 ~ ~00~ ~orrrra~ E~Di~,c~. cm+cltrl~IC, Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. BARNES &THORNBURG Bruce R. Bancroft (574) 237-1128 Email: bruce.bancroft®btlaw.com The Honorable Common Council City of South Bend County-City Building - 4th Floor South Bend, Indiana 46601 Re: South Bend Common Council Bills No.: 89-02; 90-02; 91-02 and 50-02 Ladies and Gentlemen: 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574)233-1171 Fax (574) 237-1125 www.btlaw.com January 7, 2003 I write in behalf of Memorial Hospital of South Bend. We request that the public hearing on the above bills which would normally be held on January 27, 2003 be held instead on Monday, February 10, 2003, the regular Common Council meeting on that date. Thank you very much for your consideration of this request. Very truly yours, BARNES & THORNBURG ~r / Bruce R. Bancroft BRB:jI cc Kathleen E. Cekanski-Farrand _ ,. ~; 1 ~b~~d ~~ ~i~~"E;~S ~$ee~ ,, ~Js?t, Q ~ ~i?t!~ ,~ .~--~-~• LOI',~TTA ~~iJ ~,a~t. SBDS02 BRB 265291v1 Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C. Area Pk' ~ Commission of St. Jos~`+~r County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 574 235-9571 Fax 574 235-9813 November 20, 2002 Bruce R. Bancroft Barnes & Thornburg 100 North Michigan Street South Bend, IN 46601-1632 ~=Q~~f~ ~6~ C~~3'0 ~ ~$~Cl~°a Q ;TT7Pi J. iit!t3~a CrtY CLOY'', ~~+. s ~&3~, F~:. RE: Memorial Hospital, Memorial Holladay Office Park, Holladay Medical Properties 2158-02: Petition to rezone Dear Mr. Bancroft: After reviewing the above petition, the staff has identified the following items that need to be addressed as required under Sec. 21-120 of the South Bend Municipal Code. Petition 1. Attached is a copy of a sample petition. The enact ormat especially in regards to wording, needs to be followed. Please refrain from using any extraneous words. 2. In the first paragraph of the petition, add the part in parenthesis accordingly:...to the Common Council of "the city of "South Bend... 3. Item number 1 on the petition does not exclude lot 5 of Dinan's Subdivision like the site plan does. Please reconcile and correct as necessary. 4. Please remove all references to Attachments A and B. 5. Rewrite item 3 as follows: From "B" Residential, "E" Height and Area; and "C" Commercial, "C" and "E" Height and Area To "C" Commercial, "F" Height and Area 6. Please rewrite item 4 to read as follows: This rezoning is requested to allow the following uses: hospital/medical uses and their associated uses 7. On item number 5 be sure to use the exact wording of the sample petition. 8. Include the original item 3 from the sample petition. If there is no contingent purchaser, simply put "none". Adjust subsequent numbers accordingly. Ordinance 1. Please write out "C" Commercial, "F" Height and Area 2. The legal description does not exclude lot 5 of Dinan's Subdivision, while the site plan does. Please reconcile and correct as necessary. 3. In the heading, include the remaining property address and description. Site Plan 1. Along the eastern property line a 20' building setback is shown, however, no front yard building setback is required in a "F" Height and Area district. Please revise accordingly. 2. Dimension one parking space r- Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana - Area Pt~`~i Commission of St. JosC~~h County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byomi Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 December 5, 2002 Richard J. Deahl Barnes & Thornburg 100 North Michigan Street South Bend, IN 46601-1632 RE: Memorial Hospital, Memorial Holladay Office Park, Holladay Medical Properties 2158-02: Petition to rezone Dear Mr. Deahl: After reviewing the above petition, the staff has identified the following items that need to be addressed as required under Sec. 21-120 of the South Bend Municipal Code. Petition Rewrite item 4 as follows: From "B" Residential, "C" and "E" Height and Area; and "C" Commercial, "C" and "E" Height and Area To "C" Commercial, "F" Height and Area A corrected petition should be submitted by 4:00 p.m. placed on the agenda of the December Area Pla questions, please do not hesitate to call. Tuesday, December 10, 2002 in order to be n Commission meeting. If you have any Sincerely,, ., ~_ Jeffrey O. Myers Planner ~--~ v .. ~it~~ 6~ Ct~li.~'~ ~~,~~ ~~; ~ '~ ~ 7d~r~ LO~~~~. ~{4'~Di~6 Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana BARNES &THORNBURG Bruce R. Bancroft (574) 237-1128 Email: 6ruce.bancroftC~btlaw.com South Bend Common Council County-City Building, 4th Floor 227 West Jefferson Street South Bend, IN 46601 RE: Bill #50-02 (620 North Michigan Street) Ladies and Gentlemen: 600 1st Source Bank Center 100 North Michigan South Bend, Indiana 46601-1632 U.S.A. (574)233-1171 Fax (574)237-1125 www.btlaw.com October 25, 2002 I write to request that you consider the attached amended petition to rezone as a substitution for the previous petition filed on July 3, 2002 due to a change in the desired and requested classification from "C-g" to "C-f'. Thank you for your consideration. Very truly yours, BARNES & THORNBURG Bruce R. Bancroft BRB/kkh SBDS02 BRB 260456v1 Attachment Flled In Clerlo'~ ~~~e~ OCT 2 ~ 1.~ LBgQTTAJ. t?ti~~',~-1j.Y_ . Indianapolis Fort Wayne South Bend Elkhart Chicago Washington, D.C.