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REGULAR MEETING SEPTEMBER 11. 1977
<br />COMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />providing tax money to the city if the rezoning is allowed. Mr. Carpenter said that commercial
<br />zoning causes deterioration of residential neighborhoods as does spot zoning. Councilman Miller
<br />said that the ordinance is asking for "B" Residential zoning and not for "C" Commercial zoning.
<br />He then made a motion that the ordinance go to the Council as favorable. Seconded by Councilman
<br />Kopczynski. Councilman Parent then moved to amend the motion that the ordinance go to the
<br />Council as favorable by adding "subject to the approval of a final site plan ". Councilman
<br />Nemeth raised a point of order and asked City Attorney Charles A. Sweeney, Jr. whether such an
<br />amendment was necessary. Mr. Sweeney said that, when the Council overrules a recommendation from
<br />the Area Plan Commission, such favorable recommendation is subject to a review of the final site
<br />plan. He said he would prefer that it be made a part of the motion so that there be no misunder-
<br />standing between the parties involved. Councilman Taylor seconded the motion to amend and it
<br />carried. The chair then called for a vote on Councilman Miller's motion that the ordinance go to
<br />the Council as favorable and the motion carried.
<br />ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED,
<br />COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
<br />SOUTH BEND, CHAPTER 40, MUNICIPAL CODE. (Ireland Road
<br />Between U. S. 31 and Fellows St.)
<br />This being the time heretofore set for public hearing on this ordinance, proponents and opponents
<br />were given an opportunity to be heard thereon. Mr. Jack C. Dunfee, Jr , Attorney, spoke for the
<br />petitioners, Associated Bancorp, Inc. He said that Associates is planning to build four family
<br />financial centers, two of which are before the Council tonight for rezoning. The structures
<br />planned will be colonial style architecture and built of brick. Each building will have only
<br />three employees. Off - street parking will be provided and the increase in the traffic load in
<br />the area will be a fraction of one per cent. The site referred to in this ordinance is on the
<br />North Side of Ireland Road, across from the entrance to K -Mart. This area is becoming heavily
<br />commercial. The rezoning was unanimously approved by the Area Plan Commission. There were no
<br />remonstrators at the Area Plan hearing. Councilman Taylor said that he wanted to point out that
<br />there has been a great deal of difficulty in the past with zonings in this area so he took a
<br />special interest in this petition and talked with several of the residents. The people he talked
<br />with are not at all against the Associates location. This represents a comprehensive planning
<br />effort by everyone concerned. Councilman Horvath said that he questioned whether this rezoning
<br />was advisable because the area is heavily congested now and this might be adding to the traffic
<br />problems that already exist. Mr. Dunfee said that the Associates center would bring a minimal
<br />amount of traffic into the area. Councilman Taylor made a motion that the ordinance go to the
<br />Council as favorable, seconded by Councilman Kopczynski. The motion carried.
<br />ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68, AS AMENDED,
<br />COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF
<br />SOUTH BEND, INDIANA, (CHAPTER 40, MUNICIPAL CODE)
<br />(Lincolnway West, Between Wellington and Kenmore)
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard thereon. Mr. Jack C. Dunfee, Jr., Attorney
<br />spoke for the petitioners, explained that this ordinance pertains to the second site for an
<br />Associates Family Financial Center to be located on Lincolnway West, an equal distance between
<br />Bendix Drive on the East and Sheridan Street on the West. Mr. Dunfee displayed a chart and
<br />photographs of the proposed structure. This area is rapidly becoming a business and commercial
<br />area. The building would be a brick colonial residence style and the wooded area on Elwood to
<br />the back of the property would be retained, with the idea of selling that lot for a single family
<br />residence. The Area Plan Commission gave the rezoning a favorable recommendation and there were
<br />no remonstrators at the hearing. Councilman Szymkowiak questioned Mr. Dunfee about the traffic
<br />pattern and Mr. Dunfee said that the entrance and exit would be on Lincolnway with no access to
<br />Elwood. Councilman Parent moved that the ordinance go to the Council as favorable, seconded by
<br />Councilman Taylor. Motion carried.
<br />ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO.
<br />4990 -68, CHAPTER 40, OF THE MUNICIPAL CODE OF THE CITY
<br />OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING
<br />ORDINANCE NO. 3702. (413 N. Sommers Street)
<br />This being the time heretofore set for public hearing on the above ordim nce, proponents and
<br />opponents were given an opportunity to be heard thereon. Mr. George Herendeen, Attorney, spoke
<br />for the ordinance. He said the petitioners were asking the Council to make one change in the
<br />reference to Height and Area District. They have requested A Height and Area and would now like
<br />this changed to F Height and Area. The petition is in behalf of Hoffman Brothers, an established
<br />business in the community. This rezoning would allow for expansion of the present facility for
<br />more warehouse and storage facilities. There would be no additional traffic and no additional
<br />employees. The building to be constructed would be of steel and concrete block. The Area Plan
<br />Commission recommended the rezoning favorably. Councilman Nemeth asked the value of the building
<br />on the property tax rate. Mr. Herendeen said the building will cost $50,000. Councilman Nemeth
<br />made a motion to amend the ordinance in Section 1, to read "from A Residence District to C Com-
<br />mercial District and from A Height and Area District to F Height and Area District." Councilman
<br />Parent seconded the motion and it carried. Councilman Taylor made a motion that the ordinance go
<br />to the Council as favorable as amended. Seconded by Councilman Kopczynski and carried.
<br />ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68
<br />CHAPTER 40, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND,
<br />INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702
<br />AS AMENDED. (DOWNTOWN RENEWAL AREA A)
<br />This being the time heretofore set for public hearing on the above ordinance, proponents and
<br />opponents were given an opportunity to be heard thereon. Mr. Kevin Butler, Attorney for the
<br />Department of Redevelopment, said that if the Council agreed, Items 3F and 3G could be heard at
<br />the same time, since both ordinances are concerned with the rezoning of the downtown area. The
<br />Council gave consent and the hearing was held on both ordinances. Mr. Butler explained that
<br />there are, at present, four use districts and four height and area districts in the downtown area.
<br />They are proposing that there be two classifications in the downtown renewal area; one would be
<br />"C" Commercial and one "B" Residential, and the entire area would be "G" Height and Area District.
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