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<br />COMMITTEE OF THE WHOLE MEETING
<br />nRDTNANC F:
<br />This being the
<br />opponents were
<br />the Area Plan
<br />but was to be
<br />by Councilman
<br />NOVEMBER 23, 1970
<br />AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
<br />SOUTH BEND, INDIANA - 1962 SECTION 40 AS AMENDED AND GENERAL
<br />ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP THERETO
<br />GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE BY
<br />CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A
<br />CERTAIN PARCEL OF LAND. (State Road #23, 18401 South Bend
<br />Avenue, Vaness Street, Site #2)
<br />time heretofore set for public hearing on the above ordinance, proponents and
<br />given an opportunity to be heard thereon. Mr. Doug Carpenter, Senior Planner of
<br />Commission stated this site was south of the foregoing ordinance and was smaller
<br />used for the same seven usages as Site #1. Councilman Laven made a motion, seconded
<br />Szymkowiak, that the ordinance be amended to read as follows:
<br />In Section 1., at the end of the last sentence, after the
<br />change the period to a comma and add the following: "for
<br />fessional Office Building; (2) Barber Shop; (3) Beauty
<br />Store; (6) Meat Market; (7) Office Building."
<br />Motion carried.8 ayes, 1 nay, 0 absent. Councilman Szymkowiak
<br />man Laven, that the ordinance go to the Council favorable, as
<br />2 nays, 0 absent.
<br />ORDINANCE
<br />words "Area Plan Commission."
<br />use only as follows: (1) Pro -
<br />Shop; (4) Florist; (5) Drug
<br />made a motion,, seconded by Council -
<br />amended. Motion carried. 7 ayes,
<br />AN ORDINANCE AMENDING THE SUPPLEMENTING ORDINANCE 4990
<br />CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning Ordinance
<br />3702). (Kensington Farms Subdivision and Crest Manor- -
<br />generally located east of Miami Road)AS AMENDED.
<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. Doug Carpenter, Senior Planner of
<br />the Area Plan Commission said this piece of property is now in the City, the Court having ruled
<br />in favor of the City's request for annexation after a remonstrance was filed a few years ago.
<br />He said their attorney had advised them to proceed with the zoning even though the'case has been
<br />appealed to an upper court. City Attorney S. J. Crumpacker agreed. He said the ordinance will
<br />become void if the courts reverse the decision of the Circlt Court. Councilman Reinke said the
<br />zoning will remain the same as zoned in the County at the present time - - "A" Residential, however,
<br />County and City zoning do differ in usage. Councilman Reinke made a motion, seconded by Council-
<br />man Palmer, that the ordinance go to the Council as favorable. Motion carried. 9 ayes, 0 nays,
<br />0 absent.
<br />ORDINANCE
<br />AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE
<br />4990 - CHAPTER 40 OF MUNICIPAL CODE (Formerly Zoning
<br />Ordinance 3.702) AS AMENDED (Approximately 119.66
<br />acres between York Rd. & Ironwood Rd., South of
<br />Jackson Rd., commonly known as 4 -H Fairgrounds)
<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. Doug Carpenter, Senior Planner of
<br />Area Plan Commission said this is recently annexed land to the city and there is no appeal
<br />before the courts on this annexation. The 4 -H Grounds and the TV tower would be non - conforming
<br />use and expansion of these uses would be possible through the issuance of a Special Use permit
<br />granted by the Board of Zoning Appeals. However, if they want a change of zoning, it will have
<br />to come before the Common Council for approval. Councilman Reinke made a motion, seconded by
<br />Councilman Palmer, that the ordinance go to the Council as favorable. Motion carried. 9 ayes,
<br />0 nays, 0 absent.
<br />ORDINANCE
<br />AN ORDINANCE TO APPROPRIATE $5,768.45 FROM THE
<br />MOTOR VEHICLE HIGHWAY FUND TO ACCOUNT MVH -42,
<br />"STREET AND ALLEY MATERIALS."
<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. City Engineer Lloyd Taylor explained
<br />that this ordinance was a companion ordinance to the following ordinance on the agenda, item #0.
<br />He.gave an explanation of the manner.in which the local road and street funds must be sought and
<br />appropriated. He said this amount is to cover the cost of street construction projects which
<br />have qualified under the Local Road and Street Program and this ordinance permits the city to
<br />put MVH money received from the state into the various project accounts. Miss Virginia Guthrie
<br />Executive Secretary of the South Bend Civic Planning Association said his explanation was con-
<br />fusing and unsatisfactory and contended that there was a duplication in the bills involving the
<br />street funds. City Controller James Bickel said the legislature sets out the procedures to folbw.
<br />Councilman Laven made a motion, seconded by Councilman Reinke, that the ordinance go to the
<br />Council as favorable. Motion carried. 9 ayes, 0 nays, 0 absent.
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