07-27-64 Council Meeting Minutes

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REGULAR -MEETING JULY 27, 1964 REPORT OF CITY PLANNING COM IISSION The Honorable Common Council City of South Bend July 20, 1964 South Bend, Indiana Gentlemen: Pursuant to the petition of Arthur Denby to rezone land on the west side of Phillips Street, between Indiana and Dubail Avenues, the staff of the Planning Commission made the following report to the Commission after study of the petition: In regard to the merits of the petition to rezone land lying west of Phillips, between Indiana and Dubail Avenues the following factors are to be considered: 1. The property in question has been zoned "B" Residential since 1923, as has a large block of land lying to the east and south. This area has gradually developed residentially. Residential development was quite active in the area from 1950 -1960. Since 1960 development has proceeded at a slower pace. Currently Carlisle Street, lying one block to the east is approximately 604 developed, a conservative figure, since many people own two or more lots, due to the narrowness of the platted lots. Streets to the east of Carlisle are 75 to 100% developed. 2. In the same period the strip of land fronting on the east side of Olive, from Indiana to Ewing Avenue, zoned light industrial, has seen very sparse development. Presently there are four industrial uses in this strip of land. Thus, a reasonable amount of vacant, light industrially zoned land .exists in the immediate area. 30 The land in question does not differ in any physical aspect from that of nearby land which has been developed residentially. There does not appear to be any reason why this land cannot be used residentially, due to unusual shape, topography, location or surrounding uses. While this particular block of Phillips is not paved and lacks sewer and water, this condition is similar to that of a vast portion of the city prior to its development. Provision of pavement, sewer and water are the financial responsibility of the developer of the land. 4. It is a basic principle of zoning that the best location for district boundaries is along alleys or back lot lines. Streets are not a good dividing point for district boundaries, for streets in general are not divisive elements, but connecting elements. 5. The rezoning in question, by running the district boundary down street lines on three sides of the property would exert a decidedly adverse effect upon all the properties facing the petitioners property. 6. The rezoning in question would deprive,adjacent property owners of the protection of zoning, for the petitioners property differs in no significant aspect from that of adjacent property. 7. The rezoning in question would grant the petitioner preferential treatment, in that vacant land zoned light industrial exists in the immediate area, there is no reason why the subject land cannot be used residentially, no evidence has been set forth that the best use of this land would be fort light industrial use, thus it appears that such a rezoning would be based solely on the petitioners desire to so use the subject property. Very truly yours, CITY PLANNING COMMISSION Robert L. Huff /s/ Director of Planning RLH /cf Councilman Glass made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Lotion carried. REPORT OF C=aTTEE OF THE WHOLE To the Common Council of the -City of South Bend: July 27, 1964 Your Committee bf the Whole to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE NO. 3702 ". (Triangular tract of land bounded by Grand Trunk Western R.R. Co., New York Central Railroad Co. and Laurel Street). Respectfully report that they have examined the matter and that in their opinion this ordinance be reported to the Council as favorable. /s/ Edwin Thomas Smith, Chairman Councilman Glass made a motion that the report be accepted and placed on file. Councilman Palmer seconded the motion. Motion carried.