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HomeMy WebLinkAboutRezoning - the property at the Northeast corner of LaSalle Ave.ORDINANCE No. so36 sa Passed by the Common Council of the City of South Bend, Indiana, September 27, 19 99 Attest: Attest: Presented by me to the Mayor of the City of South Bend, Indiana City Clerk President of Common Council September 27, 19 99 City Clerk Approved and signed by me September 29, 19 9g Mayor ORDINANCE NO . ~ 3b- l 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT _THE NORTHEAST CORNER OF LA SALLE AVE. AND NOTRE DAME AVE. 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, KNOWN AS THE ZONING ORDINANCE OF THE SAME HEREBY IS AMENDED IN ORDER THAT THE DESCRIBED REAL ESTATE IN THE CITY OF INDIANA: A5 AMENDED, WHICH ORDINANCE IS COMMONLY CITY OF SOUTH BEND, INDIANA, BE AND THE ZONING CLASSIFICATION OF THE FOLLOWING SOUTH BEND, ST. JOSEPH COUNTY, STATE OF PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BE] DESCRIBED AS: LOTS # 7, # 8, # 9 AND THE ADJACENT TO SAID LOTS ALL BEING A PART RECORDED IN THE RECORDS OF THE ST. JOSEPH CONTAINING 0.32 ACRES. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 !1D, ST. JOSEPH COUNTY, INDIANA WHICH IS 10 FT. WIDE VACATED ALLEY NORTH OF AND OF THE PLAT OF "DUNN'S SUBDIVISION" AS COUNTY, INDIANA RECORDER'S OFFICE. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME IS HEREBY ESTABLISHED AS "C" COMMERCIAL,!'E" HEIGHT & 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 1st READING x-12-'q PUBLIC HEARING q-Z~-9~ 3rd READING ~ _Z"j~q NOT APPROVED ~ L~~~ REFERRED l~rc-e. e`'~~ °'^ 1 ~ PASSED ~ _Z-~ _q q ~=fie~ fr ~'~~:~~s'~v~ic; J !J L d ? 199 L`'.+~yTTr°~ d. C~JD~ CITY CL~Rr:, :?~. Qkt~?'~, IP3. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 53-99 A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF LASALLE AVE. AND NOTRE DAME AVE. 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. Charlotte Pfeifer Chairman DATE FILED DATE RECEIVED BY AREA PLAN COMMISSION APPLICATION NO. I (WE) 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: NORTHEAST CORNER OF LA SALLE AVE. & NOIRE DAME AVE. SOUTH BEND, INDIANA 4661? 2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE: ST. JOSEPH MEDICAL CENTER, INC. 314 N. NOIRE DAME AVE. SOUTH BEND, INDIANA 46617 PHONE NUMBER (219) 277-1496. 3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE: N.A. 4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED FROM "C" COMMERCIAL, "E" HEIGHT & AREA TO "C" COMMERCIAL, "E" HEIGHT & AREA 5). THIS REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S): A). WOMEN'S CARE FACILITY PROVIDING SOCIAL SERVICES. 6). ATTACHED IS A COPY OF (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) SITE PLANS; AND (D) ADDRESSED, STAMPED ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY. 7). BY SIGNING THIS PETITION, I 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. `~ ~ ~J1~~ SIGNED, FOR ST. JOSEPH MEDICAL CENTER, INC. PETITIONED PREPARED BY AND CONTACT PERSON: PEIRCE & ASSOCIATES 3231 SUGAR MAPLE COURT SOUTH BEND, INDIANA 46628 PHONE NUMBER (219)-234-4003 ,I U L 0 7 X999 LEGAL DESCRIPTION PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEl DESCRIBED AS: LOTS # 7, # 8, # 9 AND THE ADJACENT TO SAID LOTS ALL BEING A PART RECORDED IN THE RECORDS OF THE ST. JOSEPH CONTAINING 0.32 ACRES. SECTION 12, TOWNSHIP 37 NORTH, RANGE 2 JD, ST. JOSEPH COUNTY, INDIANA WHICH IS 10 FT. WIDE VACATED ALLEY NORTH OF AND OF THE PLAT OF "DUNN'S SUBDIVISION" AS COUNTY, INDIANA RECORDER'S OFFICE. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. ~a S, m ~'a 6, "xf ~` `,`,, p ~ ti~99 ~~~, 4 T s~ PEIRCE & ASSOCIATES Land Surveyors ^ Professional Engineers MICHAEL J. DANCH, L.A. Landscape Architects ^ Planners RON HARNER, P.S. DANIEL W. AKIN, P.E., L.S. Honorable Members of the City of July 6, 1999 South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 RE: Rezoning Petition for St. Joseph Medical Center, Inc. at the Northeast corner of Notre Dame Avenue and Lasalle Avenue, South Bend: Dear Council Members: Our clients are requesting the Rezoning of their property at the Northeast corner of Notre Dame Avenue and Lasalle Avenue to allow for the construction of a Women's Care Facility. Our clients believe the proposed Facility will be an amenity to the existing neighborhood. If you have any questions concerning this matter, please feel free to give me a call at 234-6061. Sincerely, Michael J. Danc President Peirce & Associates, Inc. File # 990532 Lewp Md Disk # 104 3231 Sugar Maple Court ^ South Bend, IN 46628 208 West Mars Berrien Springs, MI 49103 oKce 219/234-4003 ^ 800/594-4003 ^ Fax 2191234-4119 once 6161471-3010 ^ Fax 6161471-7237 . Area Plan Commission of St. Joseph County. . 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 August 18, 1999 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A ppro osed ordinance~and site development~~lan of St. Joseph~~Medical Center, Inc. to zone from C commercial, E Height and Area to C Commercial, E Height and Area, property located at the northeast corner of LaSalle Avenue and Notre Dame Avenue, City of South Bend - APC #1943-99 Dear Council Members: The above referenced ordinance and site development plan of St. Joseph Medical Center, Inc. was legally advertised August 5, 1999. The Area Plan Commission at its public hearing on August 17, 1999, took the following action: Upon a motion by John McNamara, being seconded by Lloyd Taylor and unanimously carried, the proposed ordinance and site development plan of St. Joseph Med><cal Center, Inc. to zone from 'C' Commercial, "E" Height and Area to 'C" Commercial, "E" Height and Area, property located at the northeast corner of LaSalle Avenue and Notre Dame Avenue, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. This site is currently zoned "C" Commercial and the proposed use is in keeping with the surrounding area. 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 ely, obert W. 5ante RWS:sr Attachment CC: St. Joseph Medical Center, Inc. CC: Peirce & Associates .. ,. ~>.)t~ ~ ~~ 1899 Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT August 9, 1999 St. Joseph Medical Center, Inc. 1943-99 Location: the northeast corner of LaSalle Avenue and Notre Dame Avenue City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "C" Commercial, "E" Height and Area to "C" Commercial, "E" Height and Area to allow a women's care facility. EXISTING LAND USE: The property is currently used for parking. SURROUNDING LAND USE AND ZONING: Located to the north and west are parking lots zoned "C" Commercial, "B" and "E" Height & Area; to the east are single family homes zoned "B" Residential, "B" Height & Area; and to the south are offices zoned "B" Residential, "B" Height & Area. ACCESS: Access to the site is from LaSalle Street and Notre Dame Avenue. 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 14,000 square feet. Of that, the buildings will occupy 2,800 square feet, or 20 percent of the site; the parking and drives will occupy 5,900 square feet, or 42 percent of the site; and 5,300 square feet or 38 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, flood hazards, wetlands, or environmental hazard areas are present. SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer has requires that any broken curb or sidewalk be replaced. Also, a drainage plan will be required at the final site plan stage. 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, subject to a final site plan. This site is currently zoned "C" Commercial and the proposed use is in keeping with the surrounding area. 19 18 17 5~~• I --- . 0 V W - ~- L ~GG~. ~' LAFAYEnE SQUARE MINOR 14 APC. 837-83 ~ _ _ O J N t ~©~Pie t 3 1.0 723-83 a D ~~• Q ix e - ~ 1:c~S I Q' 1 s '~~ ° x1 ss x ~ 2e ~8~09 10 I 1~~~Q ~ D `` `l ~3 x4 ~ I I ~' MAO I SON xlo ~~ ,` 1 x78 282 O ~ 1 ~ ~~ x77 xas G 212 I x78 2a4 21 ] I F- I 2 7 ~ i--- -R- x~ ~~ - (~ 2, 4 ~ I ~ r 25I ~~-~rx~ -T C p l ~1~1 ~ I x811 I I x87 D a 0• 2 ; ~v m® , a as NURSING HGAIE ~' 9 s Q~ + o ,d 1t AP - 12 89-93 t0 4 J 2 D a s p = 1 LASALLE PETITION AREA I 122 i 1 _I ~ 223 224 pp o (L~ `j`~' ~J~\J G~5 ~~ 2 W APC 1316-90 '` 'EXPIRED' ~' 4~ 28 ® 294 ar uR 1 - 29.9 - O, I O 29S OFFICE -..- q9 2 9 d ~-9-0~ 297 2 3 I I 29>~ H ~ COLFAX t soo ae 1- ~ ° ~ o (1) sot 2 07 W Q Q W ~- Z 1 ~ a I ~o 2 OFFICE 1 OF'fICE J PT. 14 _ _ _ 4 g o~ I r~ I PT.14 PT 14 ~~TT APC 145992 AM 8284 92 N w U z Q rY ST. I K111N LE & A R'S SUB. B -+ o o x RACK I NI FY AVF KLINGLE & A 'S S S• °p o~p °~ e 9 10 11 12 13 14 15 18 APC 1570-9J AYOi L400-9J S T 1 2 3 7 8 9~J0 ~~I•~ J~ O off '~ 4 1 ~~ s P.~~ 11 12 is 14 8 AVE. } B~ ~ ',~~ ~ 1 l 1 =~ I ~ W 1 1 e- REZ^NING FR^M: 'C' COMMERCIAL, 'E' HEIGHT & AREA, T^: 'C' COMMERCIAL, 'E' HEIGHT & AREA J~ j PETITI^N AREA ® _ APC # 1943-99 S^UTH BEND EXISTING ZONING . L .. ... ... _. .. 'B' RESIDENTIAL D ,.,:_ .~°~- -~_.~_.~_.~_..r 'C' C^MMERCIAL ~ ~ ~li~,~~ ~ ~ ~~~~ ~ 0 ' 1 00 200 400 r r..~ ~ -~y Graphic Scal e