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HomeMy WebLinkAbout9391-03 Rezoning - Property located between Main Street, Bartlett Street, U.S. 31/33, and Park Lane (Including 801 and 809 North Michigan Street)ORDINANCE No. ~~9, 03 Passed by the Common Council of the City of South Bend, Indiana February 10, Attest: Attest: 20 03 Presented by me to the Mayor of the City of South Bend, Indiana February 11, 03 20 City Clerk President of Common Council City Clerk Approved and signed by me February 12, 20 03 Mayrn ORDINANCE NO. 13 ~ ~ - b 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN MAIN STREET ON THE WEST, BARTLETT STREET ON THE SOUTH, U.S. 31/33 ON THE EAST AND PARK LANE ON THE NORTH (INCLUDING 801 AND 809 NORTH MICHIGAN STREET, 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: Lots 16, 17, 18, 29, 30 and 31 in J.G. Bartlett's First Addition to the City of South Bend and Lots 37, 36, 35, 39, 32, 33, 34 and 38 in J.G. Bartlett's 2na Addition to the City of South Bend and parts of Bank Out Lot 124 of the Third Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana described as bounded by Lots 38 and 39 of J.G. Bartlett's 2na Addition to the City of South Bend on the South, by Main Street on the West, Michigan Street on the East and park Lane on the North, together with all vacated alleys adjacent to any of the above lots. be and the same is hereby established as a classification of "C" Commercial, "G" 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. ~~ ~ ~ Member of the Common Council ist READING ~~-~`'OZ PUBLIC HEARING Z -gyp-pj t[S Su~S~~-stiitc~ 3rd REAC>(NG 2-t d-~~' ~5 ..fY~.~vsS-,.•,4.'~c,~1 NOT APPROVED REFERRED A `t'- ~~ 1\-0'L •~,, ~~ ED 2 -10 - 4 3 QS S~~a S~i-, -~'*~a,'~ a r+'~~~3 8&~ r~ '~~~ C~~~~4iC°o IiI y? ---:~ y ~4i ~~..f r~i~. tea;/} iF bj ~fi ~r`.rti ~ u~. ~ kde~a jl:.. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 89-02 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE CITY OF SOUTH BEND BETWEEN MAIN STREET ON THE WEST, BARTLETT STREET ON THE SOUTH, U.S. 31/33 ON THE EAST AND PARK LANE ON THE NORTH (INCLUDING 801 AND 809 NORTH MICHIGAN STREET, SOUTH BEND, INDIANA) 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 substituted by anew title and legal description. Karl King Chairman Date Filed: Date received by the Area Plan Commission Application No. PETITION TO REZONE The undersigned, Common Council of the City of South Bend, Indiana, as a body, hereby petitions to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: All property located between Main Street on the West, Bartlett Street on the South, U.S. 31/33 on the East and Park Lane on the North. 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 3) Name and address of contingent purchaser(s), if applicable: None 4) It is desired and requested that this property be rezoned: From: "C" Commercial, "F" Height and Area; "A" Residential, "C" Height and Area, and "PHC" Professional Health Care, To: "C" Commercial, "G" Height and Area 5) This rezoning is requested to allow the following use(s): Hospital/Medical related uses 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; and (c) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Bruce R. Bancroft Barnes & Thornburg _ 100 North Michi an S eet + ~ G- r.,+ °;,-~ South Bend, IN 46601 163 - -- Telephone: (574) 233- 171 /i ames J. Aranowski, Member ;ommon Council of the City of South Bend a ~'~ ~ r ~ SBDS02 BRB 251057v3 ~y }fir (~ #`~~ 4 ~~ PETITION TO REZONE fled lZy THE COMMON COUNCIL OF THE CITY OF SOUTH BEND LEGAL DESCRII'TION REAL ESTATE LOCATED IN ST. JOSEPH COUNTY, INDIANA: Lots 16, 17, 18, 29, 30 and 31 in J.G. Bartlett's First Addition to the City of South Bend and Lots 37, 36, 35, 39, 32, 33, 34 and 38 in J.G. Bartlett's 2°a Addition to the City of South Bend and parts of Bank Out Lot 124 of the Third Plat of Out Lots of the Town, now City of South Bend, platted by the State Bank of Indiana described as bounded by Lots 38 and 39 of J.G. Bartlett's 2°d Addition to the City of South Bend on the South, by Main Street on the West, Michigan Street on the East and park Lane on the North, together with all vacated alleys adjacent to any of the above lots. ~~~' ~l '~ ~~~~ SBDS02 BRB 251057v3 City of ~®uth fiend C®mmon Council Roland Kelly President Karen White Vice-President Karl King Chairperson, Committee of the Whole James Aranowski First District Charlotte D. Pfeifer Second District Roland Kelly Third District 441 County-City Building • South Bend, Indiana 46601 November 1, 2002 Ms. Loretta J. Duda City Clerk Room 455, County-City Building South Bend, IN 46601 Dear Loretta: (574) 235-9321 Fax (574)235-9173 TDD (574) 235-5567 http://www.cisouth-bend.in.us Karl King In accordance with state statute IC 36-7-4-602, Bill No. 89-02 has been Fourth District submitted as City Council initiated for purposes of public hearing. This letter David Varner serves as notification that a majority of City Council are aware that Bill No. 89- Fifth District 02 is submitted in compliance with the statutory requirement for a City Council initiated ordinance. Ervin Kuspa Sixth District If you have any questions regarding this bill, please feel free to contact me. Sean Coleman Thank you for your assistance. At Large Respectfit y, Al "Buddy" Kirsits ~` At Large // Karen L. White ~~ ~/I( r At Large James Aranowski South Bend Common Council Kathleen Cekanski-Farrand Council Attorney cc: Area Plan Commission City Council Members Mayor Stephen J. Luecke MQ,P ~2 ~ ATTACI~IP "B" ' Key No.: 18-1011-0400 / 0422 / 042201 / 0423 / 0424 / 0425 Attn: Jeff Costello, CFO Key No.: 18-1011-0426 / 0427 / 0428 / 0429 / 0430 / 0431 / 0432 Memorial Hospital of South Bend, Inc. Key No.: 18-1011-0435 / 0436 / 0439 / 0440 / 0441 / 0442 / 0443 615 N. Michigan Street Key No.: 18-1011-044301 Key No.: 18-1005-0168 / 0165 / 0171 / 0173 / South Bend, IN 46601 Key No.: 18-1011-0433 / 0434 Key No.: 18-1011-042202 Key No.: 18-1010-0366 Key No.: 18-1010-0365 Attn: Ted Foti, Sr. Vice President Memorial Health System, Inc. 707 N. Michigan, Suite 100 South Bend, IN 46601 David Jacoby Jems Aluminum Sales, Inc. 1377 S. Beverly Glen Blvd. Los Angeles, CA 90024 School City of South Bend YWCA 802 N. Lafayette Blvd. South Bend, 1N 46601 PA(~ 1 MAP'~2 ATTAC~'iv-' '$" ~ ~ PACE 2 Key No.: 18-1005-0198 Leeper Park ~il~d in Cl~s'ta'~ ®$$iC~ ~,Q~3t~TfA J. C~T'tG7.GF~, ~ Q~~~ {~~,. Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byomi Assistant Director Phone 574 235-9571 December 18, 2002 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 574 235-9813 RE: A proposed ordinance initiated by the Common Council of the City of South Bend to zone from "C" Commercial, "F" Height and area; "A" Residential, "C" Height and Area; and "PHC" Professional Health/Care to "C" Commercial, "G" Height and Area, property bounded by-Main Street on the west, Bartlett Street on the south, Michigan Street on the east and Park Lane on the north, City of South Bend - APC #2180-02 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on December 5, 2002. The Area Plan Commission at its public hearing on December 17, 2002, took the following action: IIpoa a motion by Joha McNamara, being seconded by Robert Hawley and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bead to zoae from "C" Commercial, "F" Height and areas "A" Residential, "C" Height and Areat and "PHC" Professional Health/Care to "C" Commercial, "G" Haight and Area, property bounded by Main Street on the west, Bartlett Street on the south, Michigan Street on the east and Park Lane on the north, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will aid in the efficient developmneat of the Memorial Hospital campus and will benefit 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. Si r ly, ~~ ~~~~~ t San e RWS:sr Attachment CC: Bruce Bancroft Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT December 9, 2002 Initiated by the Common Council of the City of South Bend 2180-02 Location: block bounded by Main Street on the west, Bartlett Street on the south, Michigan Street on the east and Park Lane on the north City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "C" Commercial, "F" Height and area; "A" Residential, "C" Height and Area; and "PHC" Professional Health/Care to "C" Commercial, "G" Height and Area to allow hospital/medical related uses and their associated uses. EXISTING LAND USE: The property currently contains medical uses and associated off-street parking facilities. SURROUNDING LAND USE AND ZONING: Located to the north and east is a park zoned "A" Residential, "A" Height and Area; to the south 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; and to the west is a school and an off-street parking facility zoned "A" Residential, "A" Height and Area. ACCESS: Access to the site is from Park Lane, Michigan Street, Bartlett Street, and Main 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 3.7 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 "A-5" and "B" according to the Federal Insurance Rate Map. In addition, a community wellfield is located east of the site. SITE PLAN• A site plan is not required for rezonings that are initiated by the Common Council. AGENCY COMMENTS: PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. This rezoning will aid in the efficient development of the Memorial Hospital campus and will benefit the community as a whole. WAKEWA ~ - y H ~ H AVE. ~ _ _ r= _ 1 h ~ ~ GF~ m ~ ~ AVE. _ _ 'a y ST. VINCENT ST. i ~ ~ __ - / _ - / -- _ ~ W ~' -1 - ~ / W I ~- ~ - / ` ~ y I 1 / .tai. ~ .. ~R. ~ I ~ ~R8 ~ ~ ~ ~ HOWARD ST. R'~R NDt<T RIVER I I ~~ ~ I I ~` I I I I ,pSEPN G Si, ~ W //•• o o~ z ~~- RiVER ID ~ ~ \. ~ ~ y ' CORBY BLVD. Lr-~1°C°.1 9~0 O °LJ '"' m4 90 ~ _a o Wa ` J i m PARK LN. pET~T10N AREA ~~, Y ---~°(~l ~ / i~Q b ~.~~ ~~ N --,~,, ~ .o . .'~ .....,. ~ . ~~ ~ ~ SARTLETT ST. F to ......... .~.~ H o a~ . 0 I -_ AMONT TERR.~ _ I- __= o °~ O °~ ~ ~M - HAMMOND PL c ~ a -- ~._ 6 ~ I --- ~' Q 1 0. -I I ~~ .._.. .._.. I ~ - -I- . A NAVARRE ST. ---- NAVARRE ST. ~ Q~~ .~ G ~ I W L._.. x 1 1 = I 19m° G°1 ~ Q ~i ~ o ~ o p ~ ~--- O ~p ya --- ~ cn ~ O ° o I° (~°~ -- I ~ I REZONING FROM: "A" RESIDENTIAL, "C" HEIGHT & AREA,& "C" COMMERCIAL, "F" HEIGHT & AREA, & "PHC" PROFESSIONAL/HEALTHCARE TO: "C" COMMERCIAL, "G" HEIGHT & A EA SOUTH BEND EXISTING ZONING N "A" RESIDENTIAL o "A-3" MIXED USE D APC # 2180-02 ~~B° RESIDENTIAL n o Zoo 400 soo C COMMERCIAL D ~ ~--r ' "D" LIGHT INDUSTRIAL O Graphic Scale "PHC" PROFESSIONAL/ D pETITiON AREA HEALTHCARE