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Rezoning - Lots 1, 6, and 7 located on the South side of the 900th Block of East Madison Street
ORDINANCE No. s~a~ss Passed by the Common Council of the City of South Bend, Indiana October 11, 19 99 Attest: Attest: City Clerk President of Common Councit Presented by me to the Mayor of the City of South Bend, Indiana October 11, 19 99 City Clerk Approved and signed by me October 14; . 19 99 Mayor ORDINANCE NO. ~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON LOTS 1, 6 AND 7 LOCATED ON THE SOUTH SIDE OF THE 900TH BLOCK OF EAST MADISON STREET IN 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: Tax Kev No. 18-5020-0714 Parcel I: Part of Lots Numbered Six (6) and Seven (7) as shown on the recorded Plat of Dunn and Myler's Subdivision of Large Lot or Block Numbered 13 in 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: Beginning at the Northwest corner of said Lot 6; thence running East 40 feet; thence South 70 feet; thence West 40 feet; thence North 70 feet to the place of beginning. Parcel II A lot or parcel of land 75 feet in length, East and West, taken off of and from the entire width of the East ends of Lots Numbered Six (6) and Seven (7) as shown on the recorded Plat of Dunn and Myler's Subdivision of Lot Numbered 13 in Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend. Parcel III A part of Lots Numbered Six (6) and Seven (7) as shown on the recorded Plat of Dunn and Myler's Subdision of Lot numbered 13 in 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: Beginning at a point 125 feet West of the Northeast corner of said Lot 6; thence running South 70 feet; thence West 40 feet to the West line of Lot 7; thence South 9 feet to the South line of said Lot 7; thence East along the south line of said Lot 7, 90 feet; thence North 79 feet to the North line of said Lot 6; thence West along the North line of said Lot 6; 50 feet to the place of beginning. Commonly known as 916 East Madison and 331 Frances, South Bend, Indiana. Tax Kev No. 18-5020-0707 Parcel I: Lot Numbered One (1) as shown on the recorded Plat of Dunn and Myler's Subdivision of Large Lot Numbered Thirteen (13) in Cottrell's First Addition to the Town of Lowell, now part of the city of South Bend, in St. Joseph County, Indiana Continuing Legal Education Forum Commonly known as 316 North Notre Dame Avenue, South Bend, Indiana. be and the same is hereby established as 'C' Commercial,'c' 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. ~~~-~~ 1 st READING ~\,~~ PUBLIC HEARING ~ Q - \\`~ ~ 3 rd READING ~ ~ N07 APPROVED _ q REFERRED ~,~` plea. $-~i `I \ t~lted in clerk's ©ffice OCi 1 ? 1999 LGA>ET1'A J. [KlDA Member of the Common Council PASSED ~b-\\ ~~~ aS ~v.~s~~kL.v ~ ~„~. ~ ~o.,.e~,a~ ~4-~~ie COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 63-99 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED ON LOTS 1, 6 AND 7 LOCATED ON THE SOUTH SIDE OF THE 900Tx BLOCK OF MADISON STREET 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. The title has also been amended to read 900`'' block of East Madison Street. Charlotte Pfeifer Chairman PETITION Date Filed: Application No. Date received by the Area Plan Commission: 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: Lots 1, 6 and 7 located on the south side of the 900th block of Madison Street in the City of South Bend, Indiana 2) Name and address of property owners of the petition site: Saint Joseph's Regional Medical Center, Inc. 801 E. LaSalle Ave. South Bend, Indiana 46617 3) Name and address of contingent purchasers, if applicable: N/A 4) It is desired and requested that this property be rezoned from 'B' Multi-family, 'b' Height and Area to 'C' Commercial, 'c' Height and Area 5) This rezoning is requested to allow the following uses: Construction of a two (2) story garage which will contain stalls for four (4} ambulances, living quarters for six (6) paramedics, a education room, four (4) offices, two (2) bathrooms, two (2) toilet rooms and storage with associated parking facilities. 6) 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) 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, we 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. ~-- X~ ~w Robert'L. Beyer ~ President and CEO ~` PETITION PREPARED BY: Lucinda Seider Saint Joseph's Regional Medical Center, Inc. 801 E. LaSalle South Bend, IN 46617 (219) 251-81268 CONTACT PERSON: (if different) Rick Sutton -w Saint Joseph's Regional Medical ~° ~" ' ` ~ ~, ~ `~ p Center, Inc. ? ~~ 801 E. LaSalle ~ ~;1,, ~; Q ~.; 1g99 South Bend, IN 46617 ~ (219) 237-7832 (((~ ~C~r_ __.:: ,,>-i. ~~;'.;; pp LEGAL DESCRIPTION Tax Key No. 18-5020-0712 Parcel I: Part of Lots Numbered Six (6) and Seven (7) as shown on the recorded Plat of Dunn and Myler's Subdivision of Large Lot or Block Numbered 13 in 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: Beginning at the Northwest corner of said Lot 6; thence running East 40 feet; thence South 70 feet; thence West 40 feet; thence North 70 feet to the place of beginning. Parcel II A lot or parcel of land 75 feet in length, East and West, taken off of and from the entire width of the East ends of Lots Numbered Six (6) and Seven (7) as shown on the recorded Plat of Dunn and Myler's Subdivision of Lot Numbered 13 in Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend. Parcel III Apart of Lots Numbered Six (6) and Seven (7) as shown on the recorded Plat of Dunn and Myler's Subdision of Lot numbered 13 in 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: Beginning at a point 125 feet West of the Northeast corner of said Lot 6; thence running South 70 feet; thence West 40 feet to the West line of Lot 7; thence South 9 feet to the South line of said Lot 7; thence East along the south line of said Lot 7, 90 feet; thence North 79 feet to the North line of said Lot 6; thence West along the North line of said Lot 6; 50 feet to the place of beginning. Commonly known as 916 East Madison and 331 Frances, South Bend, Indiana. Tax Key No. 18-5020-0707 Parcel II: Lot Numbered One (1) as shown on the recorded Plat of Dunn and Myler's Subdivision of Large Lot Numbered Thirteen (13) in Cottrell's First Addition to the Town of Lowell, now part of the city of South Bend, in St. Joseph County, Indiana Continuing Legal Education Forum Commonly known as 316 North Notre Dame Avenue, South Bend, Indiana. ~;t.~r 1 ~ 1999 LEGAL DESCRIPTION Tax Key No. 18-5020-0712 Parcel I: Part of Lots Numbered Six (6} and Seven (7) as shown on the recorded Plat of Dunn and Myler's Subdivision of Large Lot or Block Numbered 13 in 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: Beginning at the Northwest corner of said Lot 6; thence running East 40 feet; thence South 70 feet; thence West 40 feet; thence North 70 feet to the place of beginning. Commonly known as 916 East Madison and 331 Frances, South Bend, Indiana. Tax Ke~No. 18-5020-0707 Parcel II: Lot Numbered One (1) as shown on the recorded Plat of Dunn and Myler's Subdivision of Large Lot Numbered Thirteen (13) in Cottrell's First Addition to the Town of Lowell, now part of the city of South Bend, in St. Joseph County, Indiana Continuing Legal Education Forum Commonly known as 316 North Notre Dame Avenue, South Bend, Indiana. .. ,. ~ .~,~. ~ b..._ ~s -,.,.t,._w__..,._._..~..-._._.- -,~ k 3 ~' . f ~'f' 0 ~ 1;999 .. 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 September 22, 1999 The Honorable Common Council City of South Bend County-Cit Bldg. - 4th Floor South Bendy IN 46601 Fax 219 235-9813 RE: A proposed ordinance and site development plan of Saint Joseph's RegTOnal Medical Center, Inc. to zone from "B" Residential, "B" Height & Area to "C" Commercial, "C" Heigght & Area, property located at 900 Block of Madison Street, City of South Bend - APC #1949-99 Dear Council Members: The above referenced ordinance and site development plan of Saint Joseph's Regional Medical Center, Inc. was legally advertised on September 9, 1999. The Area Plan Commission at its public hearing on September 21, 1999, took the following action: Upon a motion by David McKee, being seconded by Lew Powell and carried, with Gerry Phipps abstaining, the proposed ordinance and site development plan of Saint Joseph's Regional Medical Center, Inc. to zone from "B" Residential, "B" Height & Area to "C" Commercial, "C" Height & Area, ~ro~erty located at 900 Block of Madison Street, City of South Bend is sent to the Common Council with a favorable recommendation, subject to a final site development plan. -This lot is located across Notre Dame Avenue from the hospital. It is the Commission's opinion that this use is part of the overall hospital and is in keeping with the medical and office uses ><n the area. "C" Commercial zoning is necessary to accommodate this use. 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, (~~ GU ~~C~JZ~~lun, n W. Byorni 1 RSJ:sr Attachment CC: Saint Joseph's Regional Medical Center, Inc. CC: Rick Sutton se7s i 1~i~d'~ H~110'i ~sql.#y'6 ~.^":: f. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT September 13, 1999 Saint Joseph's Regional Medical Center, Inc. 1949-99 Location: 900 Block of Madison Street City of South Bend REQUESTED ACTION: The petitioners are requesting a zone change from "B" Residential, "B" Height & Area to "C" Commercial, "C" Height & Area to allow an ambulance garage, living quarters and parking. EXISTING LAND USE: The property is currently vacant. SURROUNDING LAND USE AND ZONING: Located to the north are offices zoned "B" Residential, "B" Height & Area; to the east are single family homes zoned "B" Residential, "B" Height & Area; to the south is a nursing home zoned "B" Residential, "B" Height & Area; and to the west is St. Joseph Hospital zoned "B" Residential, "G" Height & Area. ACCESS: Access to the site is from Madison 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 19,607 square feet. Of that, the buildings will occupy 2,940 square feet, or 15 percent of the site; the parking and drives will occupy 10,782 square feet, or 55 percent of the site; and 5,885 square feet or 30 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 following variances will be required before final site plan approval: 1. Front setback from 20' to 5' 2. 59 required parking spaces to 36 3. Off-site parking 4. From 6' screening on south line to 2.5' PRELIMINARY STAFF RECOMMENDATION: ~~t~d ~n Ct~p~'s ~f~i~~ SEP 2 2 199 WA2TiAJ. CU4b C9YY CZC• ~. Ss. F9~lt~~ Its. 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 lot is located across Notre Dame Avenue from the hospital. It is the staff's opinion that this use is part of the overall hospital and is in keeping with the medical and office uses in the area. "C" Commercial zoning is necessary to accommodate this use. .. ... __ p o(n1 CEDAR i 1 ~' I mm HOSPITAL I o~ I I F-- I I I ' - - r- ~ I I ~ I ~~~OT -f I I i t I I i t I LASALLE I I I I I~ W I- ~, > ~ ~ o o ~, Q ST. TT' I I --- L..Li -- • ~..~° . o Fo Fci e OFF CI E PETITION AREA ®® ~' m® .~ URSING NOME _ ... MADISON ST. I .~.., 00 0 ~ o~f o ST. ~_ I I o~~ ~ -- ~ ~. -~ J I '1' ~ --- ~ w ti -- o w W a tY - - I-- n ~ I o o ° cn - _ L _ Z - r- -~ ~ w : ~ U Z - a w o °IJ r 0 0 w REZ^NING FR^M: 'B' RESIDENTIAL, 'B' HEIGHT & AREA, T^: 'C' C^MMERCIAL, 'C' HEIGHT & AREA PETITI^N AREA S^UTH BEND EXISTING ZONING 'B' RESIDENTIAL 'C' C^MMERCIAL ,~ Jre (;~~p~'~ ~~y~C~ N APC #1949-99 SEP 2 2 1999 ~ o ~ 00 200 400 ~ot~rrt'A.i• tea Graphic S c a l e rtrc~r~ au a~t~, ova, I,~r~ 1 NI FY AVF