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HomeMy WebLinkAboutRezoning - 1001 and 1005 Hickory Rd.ORDINANCE No. 0aa, sa Passed by the Common Council of the City of South Bend, Indiana February 9, 98 19 Attest: Arrest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana February 10, 19 98 City Clerk Approved and signed by me February 10, 19 98 Mayor ORDINANCE N0.~~ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1001 AND 1005 HICKORY ROAD 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, 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: Lot 1 of Hickory Road Minor Subdivision and Lots 1 & 2 of Camdon Park on Hickory Minor Subdivision be and the same is hereby established as "PHC" Professional/Health Care. 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 ! ~' ~" / 7 PUBLIC HEARING ~_ 9- C~ o 3rd READING ~ , ~ _ 9 b NOT APPROVED REFERRED PASSED ~ _ ~ _ Filed in Cierit's o~ti~~ ~__ DEC - 1 1997 LORETTE~J. DUDJ~ CITY CLEI}K, SO. BEND, IN. COMMITEE REPORT TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 122-97 A BILL AMENDING THE ZONING ORDINANCE LOCATED AT 1001 AND 1005 HICKORY ROAD OF SOUTH BEND, INDIANA FOR PROPERTY IN THE CITY Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably. John Broden Chairman ' • .F~evised 1/92 Date Filed .r t• jI 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: 1001 and 1005 Hickory Road. (Northwest corner of Hickory Road and Corby Boulevard) 2) Name and address of property owner(s) of the petition site: FJMCD LLC 1005 Hickory Road South Bend, IN 46615 Superior Properties 2400 Miracle Lane Mishawaka, IN 46545 3) Name and address of contingent purchaser(s), if applicable: N/A 4) It is desired and requested that this property be rezoned from "B" Residential, "B" Height and Area to "PHC" Professional/Health Care 5) This rezoning is requested to allow the following use(s): Permitted uses in the "PHC" Professional/Health Care District. 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) addressed, stamped envelopes for all property owners within 300 feet of the petition property. Initiatred by_t e Az~a Plan Commission r Robert W. Sante PETITION PREPARED BY: Executive Director Area Plan Commission 1140 County-City Building South Bend, IN 46601 219-235-9571 Filed in Cleri~'~ Of~i~e DEC - 1.1997 f LOFiETTP~ J. DUDI, CITY CLEAKR ~O. DEHD, tN. 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 December 3, 1997 Mr. Roland Kelly, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Area Plan Commission Initiated Petition to rezone to the Professional/Health Care Zoning District. Dear Mr. Kelly: Attached, please find a proposed ordinance initiated by the Area Plan Commission. The purpose of this ordinance is to rezone property at the northwest corner of Hickory Road and Corby Boulevard from "B" Residential to "PHC" Professional/Health Care. When offices were removed as permitted uses from the "B" Residential District, many of the existing offices became legal non-conforming uses, which cannot be expanded, or rebuilt if destroyed. The Area Plan Commission made the commitment to rezone certain non-conforming properties to the "O" Office or "PHC" Professional/Health Care Districts at the time offices were removed as permitted uses from the "B" Residential District. This is the first of a series of these office rezonings. Please place the proposed ordinance on your December 8, 1997, agenda for first reading. The Area Plan Commission will conduct its public hearing on January 20, 1998. If you have any questions concerning this matter, please feel free to contact me. Sincerely, //' f~ U~~ J m s Voll for Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana r" • 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 January 21, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Area Plan Commission to zone from "B" Residential, "B" Height and Area to "PHC" Professional/Health Care, property located at. 1001 and 1005 Hickory Road, City of South Bend - APC #1812-97 Dear Council Members: The above referenced ordinance of Area Plan Commission was legally advertised January 8, 1998. The Area Plan Commission at its public hearing on January 20, 1998, took the following action: Upon a motion by Randall Matthys, being seconded by John McNamara and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to zone from "B" Residential, "B" Height and Area to "PHC" Professional/Health Care, property located at 1001 and 1005 Hickory Road, City of South Bend is sent to the Common Council with a favorable recommendation subject to the existing approved Final Site Development Plans for these properties. This petition would rezone office properties which are legal nonconforming uses in the "B" Residential District, to the "PHC" Professional/Health Care District. "PHC" zoning will make offices in the petition area permitted uses, which would allow them to be rebuilt if destroyed, or expanded if necessary. 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, obe t W. a to RWS:sr Attachment CC: FJMCD LLC ~~~~~. ~» raa ~~ ~.....,,.-_-~ w_,.,.,--QQ~ J~ti~~~ 2 , 1.,.,~ ~ ~ ,., „ff~~ y Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana .` STAFF REPORT Area Plan Commission 1812-97 Location: 1001 and 1005 Hickory Road City of South Bend January 12, 1998 REQUESTED ACTION: This is an Area Plan Commission initiated petition to rezone from "B" Residential, "B" Height and Area to "PHC" Professional/Health Care to allow permitted uses in the "PHC" Professional/Health Care District. EXISTING LAND USE: The property contains three office buildings and vacant land. SURROUNDING LAND USE AND ZONING: Located to the north are single family homes zoned "A" Residential, "A" Height and Area; to the east are offices, single family homes and vacant land zoned "C-6" Commercial in the City of Mishawaka; to the south are single family homes zoned "A" Residential "A" Height and Area and Apartments zoned "R-3" in the City of Mishawaka; and to the west are single family homes zoned "A" Residential, "A" Height and Area. ACCESS: Access to the site is from Hickory Road and Corby Boulevard. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: SITE DATA: The total site to be rezoned is 7.8 acres. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present. SITE PLAN: There are existing approved Final Site Plans for this area. AGENCY COMMENTS: There have been several rezonings to "B" Residential for office uses on these properties. PRELIMINARY STAFF RECOMMENDATION: Based on the 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 existing approved Final Site Plans. This petition would rezone office properties which are legal nonconforming uses in the "B" Residential District, to the "PHC" Professional/Health Care District. "PHC" zoning will make offices in the petition area permitted uses, which would allow them to be rebuilt if destroyed, or expanded if necessary. . ~~ , o c RExfCRO OR. ~~ ~ ~ ~ a .n. ~ ~ °o ~ e~ = CATALPA OR. ~~ 11 0~ c~ L°~ j z "~ J I~ W m '~ W BERRY AVE. wa OXFORD LN, .,, ers I o wn ~ ~ us. KENT ~' // LN. < ' °R = us. _ K,. PETITION ~ _ ~ AREA o 3 ~ ~ Q CORBY BLVD. r ao. 0 z .n en Q ~ .en. win-raw /n//C'~)('j N v I~rf. ~ o V C v n:J W ~ ter! BROOKHURST ~ a pC ~~ i fi G°~°~ REZONING FROM: "B" RESIDENTIAL, "B" HEIGHT & AREA T0: "PHC" PROFESSIONAL\HEALTH CARE PETITION AREA SOUTH BEND EXISTING ZONING "A" RESIDENTIAL O "B" RESIDENTIAL D MISHAWAKA EXISTING ZONING "C-6" COMMERCIAL D "R-1" RESIDENTIAL O "R-3" RESIDENTIAL O N APC # 1812-97 0 100 200 300 800 Graphic Seale