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HomeMy WebLinkAboutRezoning - 710 East Wayne StreetORDINANCE No. 9180-00 Passed by the Common Council of tlae City of South Bend, Indiana December 18, Attest: Attest: 00 20 Presented by me to the Mayor of the City of Sout/i Bend, Indiana December 19. 20 00 City Clerk President of Common Cor~ncil City Clerk Approved and signed by me December 20, 20 00 Mayor ORDINANCE NO. 1 ~ D AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS IN THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. Ordinance No. 4990-68, is 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 Lots Numbered Two Hundred Seventy (270) and Two Hundred Seventy-one (271) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered Two Hundred Seventy (270); running thence South along the East line of Lots Numbered Two Hundred Seventy (270) and Two Hundred Seventy- one (271), Seventy-three (73) feet to a point Seven (7) feet South of the Northeast corner of said Lot Two Hundred Seventy-one (271); thence West Fifty-five (55) feet; thence North Seventy-three (73) feet; thence East to the place of beginning. Also, a part of Lot Numbered Two Hundred Seventy-one (271) as shown on the recorded plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, bounded by a line running as follows, viz: Beginning at a point 7 feet South of the Northeast corner of said Lot Numbered Two Hundred Seventy-one (271); thence West Fifty-five (55) feet; thence South Forty-five (45) feet; thence East Fifty-five (55) feet; thence North Forty-five (45) feet to the place of beginning, reserving Eight (8) feet off of the South side thereof for alley purposes. A part of Lots Numbered Two Hundred Seventy (270) and Two Hundred Seventy-one (271) as shown on the recorded plat of Samuel L. Cottrell's first Additon to the Town of Lowell, now within a d a part of the City of South Bend, which part is bounded by a line running as follows, viz: Beginning on the North line of said Lot Numbered 270 at a point 82 %z feet West of the Northeast corner thereof; thence running West on said North line, a distance of 27 '/2 feet; thence South 118 feet; thence East 27 %2 feet; thence North 118 feet to the place of beginning, excepting therefrom a strip of land 8 feet in width, thereof for a private alley for the use of the above described real estate and adjoining owners, in common. A part of Lots Numbered Two Hundred Seventy-one (271) and Two Hundred Seventy- two (272) as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now part of the City of South Bend, which part is bounded by a line running as follows: Beginning at a point Forty (40) feet North of the Southeast corner of Lot Numbered Two Hundred Seventy-two (272); thence running North on the West line of 5t. Peter Street Forty (40) feet; thence West One Hundred Ten (110) feet; thence South Forty (40) feet; thence East One Hundred Ten (110) feet to the place of beginning; being a strip of land Twenty-six (26) feet wide off of the North side of the East Two-thirds (2/3) of Lot Numbered Two Hundred Seventy-two (272) and a strip of land Fourteen (14) feet wide off of the South side of the East Two-thirds (2/3) of Lot Numbered Two Hundred Seventy-one (271). Along and Together with parts of lots 270 and 271 inclusive as shown on said recorded plat described as beginning at a point on the North line of said Lot 270, a distance of 82.87 feet North 89-48'-58" East of the Northwest corner of said Lot; thence North 89- 48'-58" East, along said North line, a distance of 27.63 feet; thence South 0-01'53" East, a distance of 109.74 feet; thence South 89-48'-54" West, a distance of 27.57 feet; thence North 0-03'-16" West, a distance of 109.74 feet to the place of beginning. Be and the same is hereby established as "PHC ProfessionaUHealth Care District. 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 Co cil 1st READING -1-\~-0~ ~ ~~ \ ~,~ PUBLIC HEARING \'L~~ F"~~ QS S ~ ~ ~~ ~3 rd READING ~2.-~ $-OD a S Sub3~s~~~ NOT APPROVED REFERRED (~.~P_ ~-\l"0~ PASSED ~'L-\~ - OCR alS S u~ s~,'~v.~i T~!!~ ~ ~ [Q00 l~lv~ l)i a~. C311xJe: CITY Cd.~l?a:, ~~. D~9:~, 3?!. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 56-00 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 710 EAST WAYNE STREET, THE SOUTHWEST CORNER OF WAYNE AND ST. PETER STREETS IN THE CITY OF 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 Andrew Udj ak Chairman Date Filed: Application No. Date received by the Area Plan Commission: The undersigned 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: 710 East Wayne Street, South Bend, Indiana 2) Name and address of property owners of the petition site: Donald H. Schefineyer Suite 202, 300 South St. Louis Boulevard South Bend, Indiana 46617 3) It is desired and requested that this property be rezoned from: B-Residential and 6-Height and Area District to "PHC" Professional/Health Care District 4) This rezoning is requested to allowing the following use: Construction of approximate 27,432 square foot office building 5) 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 within 300 feet of the petition property; and (c) six (6) site plans and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 6) 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 rPVert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. By: G. Richard W. Morgan (9271) Attorney for Petitioner Sweeney, Pfeifer, Morgan &Stesiak 53600 North Ironwood Drive South Bend, Indiana 46635 Telephone: (219) 272-2870 Petition Prepared by: Richard W. Morgan (9297-71) Attorney for Petitioner Sweeney, Pfeifer, Morgan &Stesiak 53600 North Ironwood Drive South Bend, Indiana 46635 Telephone: (219) 272-2870 ~L~~l~P ~[I1ry `vk..~-.e9o~Gq,•A+~~a P~giy/.•~~!'y B+ 4Y Y `~Lds ~~ ti) ~r~~\'iJ Fy+ JU~~ ~ ~~ ZQO~ EXHIBIT "A" A part of Lots Numbered Two Hundred Seventy (2701 and Two Hundred Seventy-one (271) as shown on the recorded Plat of Samuel L. Cottrell's Addition to the Town of Lowell, now a part of the City of South Bend, described as beginning at the Northeast corner of said Lot Numbered Two Hundred Seventy (270); running thence South along the East line of Lots Numbered Two Hundred Seventy (270) and Two Hundred Seventy-one (271), Seventy-three (73) feet to a point Seven (7) feet South of the Northeast corner of said Lot Two Hundred Seventy-one (271); thence West Fifty-five (55) feet; thence North Seventy-three (73) feet; thence East to the place of beginning. Also, a part of Lot Numbered Two Hundred Seventy-one (271) as shown on the recorded plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now a part of the City of South Bend, bounded by a line running as follows, viz: Beginning at a point 7 feet South of the Northeast corner of said Lot Numbered Two Hundred Seventy-one (271); thence West Fifty-five (55) feet; thence South Forty-five (45) feet; thence East Fifty-five (55) feet; thence North Forty-five (45) feet to the place of beginning, reserving Eight (8) feet off of the South side thereof for alley purposes. A part of Lots Numbered Two Hundred Seventy (270) and Two Hundred Seventy-one (271) as shown on the recorded plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, which part is bounded by a line running as follows, viz: Beginning on the North line of said Lot Numbered 270 at a point 82 1 /2 feet West of the Northeast corner thereof; thence running West on said North line, a distance of 27 1 /2 feet; thence South 118 feet; thence East 27 1 /2 feet; thence North 118 feet to the place of beginning, excepting therefrom a strip of land 8 feet in width, thereof for a private alley for the use of the above described real estate and adjoining owners, in common. A part of Lots Numbered Two Hundred Seventy-one (271) and Two Hundred Seventy-two (272) as shown on the recorded Plat of Samuel L. Cottrell's First Addition to the Town of Lowell, now part of the City of South Bend, which part is bounded by a line running as follows: Beginning at a point Forty (40) feet North of the Southeast corner of Lot Numbered Two Hundred Seventy-two (272); thence running North on the West line of St. Peter Street Forty (40) feet; thence West One Hundred Ten (110) feet; thence South Forty (40) feet; thence East One Hundred Ten (110) feet to the place of beginning; being a strip of land Twenty-six (26) feet wide off of the North side of the East Two-thirds (2/3) of Lot Numbered Two Hundred Seventy-two (272) and a strip of land Fourteen (14) feet wide off of the South side of the East Two-thirds (2/3) of Lot Numbered Two Hundred Seventy-one (271). Along and Together with parts of lots 270 and 271 inclusive as shown on said recorded plat described as beginning at a point on the North line of said Lot 270, a distance of 82.87 feet North 89-48'-58" East of the Northwest corner of said Lot; thence North 89-48'-58" East, along said North line, a distance of 27.63 feet; thence South 0-01'53" East, a distance of 109.74 feet; thence South 89- 48'-54" West, a distance of 27.57 feet; thence North 0-03'16" West, a distance of 109.74 feet to the place of beginning and also the vacated alley East-West alley between 266, 272 and 267, 273 and also the vacated North-South alley between 264, 265, 266 and Lots 270, 271 and 272. f Ft...'c._ if ,.~Et.35: L,..,~j~,r t je ~t~~rl .3~v~4 ~ ~... .. EXHIBIT "B" LIST OF PROPERTY OWNERS 1. Anthony George 18-6002-0017 620 West Edison Mishawaka, IN 46545 2. Zion United Church of Christ 18-6002-001801 715 East Wayne Street South Bend, IN 46617 3. Indiana Land Trust 5152 18-6002-004001 918 East Jefferson Boulevard South Bend, IN 46617 4. Ralph v. Ganser 18-6002-0040 4878 Edgewater Lane Olsmar, FL 34677 5. Ervin and Margie A. Baker 18-6004-0100 816 East Wayne Street South Bend, IN 46617 6. Richard and Charlotte Leach 18-6004-0101 824 East Wayne Street South Bend, IN 46617 7. Joseph G. Machatton 18-6004-0092 502 South Main Street Mishawaka, IN 46544 8. Marc Michiels & Patrice Ferguson 18-6004-0090 810 East Wayne Street South Bend, IN 46617 9. Eric A. Nelson 18-6004-0088 806 East Wayne Street South Bend, IN 46617 10. Domus Property Investments, LLC 18-6004-0093 312 South Peter Street South Bend, IN 46617 11. Ted Z. and Cecilia Held 18-6004-0087 802 East Wayne Street South Bend, IN 46617 12. Edward L. and Laura L. Smith 18-6003-0072 1333 East Wayne Street South Bend, IN 46617 13. Depoy Mercedes A Recovable Trust 18-6003-0073 1023 East Madison Street South Bend, IN 46617 14. Rosemary Majeski 18-6003-0079 54756 Bonnethill Trail Mishawaka, IN 46544 15. Blake Hochstetler 18-6003-0078 809 East Wayne Street South Bend, IN 46617 16. Steve H. Overmyer 18-6003-0077 3447 South Locust South Bend, IN 46615 17. Alison R. Wegs 18-6003-0076 228 South St. Peter Street South Bend, IN 46617 18. Joshua Martin & Jennifer Mester 18-6003-0061 226 South St. Peter Street South Bend, IN 46617 19. David A. and Catherine Smith 18-6003-0060 16907 Colony Drive South Bend, IN 46635 20. Brenda C. Swenson 18-6003-0059 218 South St. Peter Street South Bend, IN 46617 21. Alan B. Neighbor 18-6003-0058 216 St. Peter South Bend, Indiana 46617 Fes, '° ~~~.b ~ ~ 2~Q~~ CH 1 i ~~.r l~r.y ar..'~. t'::t"6i~$~ {,i.