HomeMy WebLinkAboutSpecial Exception for 736 California and 808, 812, 824, 826, 828, 830, 832, 834, 836, 838, 906, 908, 910 Portage AveORDINANCE No. 1046s-1 ro
Passed by the Common Council of the City of South Bend, Indiana
October 24 20 16
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
October 25, 20 16
City Clerk
President of Common Council
Approved and signed by me Oc},Obv Z6. 20 1&
City Clerk
Mayor
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A
SPECIAL EXCEPTION FOR PROPERTIES LOCATED AT 736 CALIFORNIA AND 808,
812, 824, 826, 828, 830, 832, 834, 836, 838, 906, 908, AND 910 PORTAGE AVENUE,
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To rezone for a commercial and residential mixed used project.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495 -04, is 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:
For rezoning:
That part of the Northeast Quarter of Section 2, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 113, # 114,
# 115 and Lot # 112 of the Plat of "Shetterley Place 3rd Plat" now a part of the City of South Bend as
recorded in Plat Book # 5, on Page # 60 in the records of the St. Joseph County, Indiana Recorder's
office, excepting the East 35 feet of said Lot # 112, Lot "A ", and also including Lot # 33 of the Plat
of "Shetterley Place 2nd Plat" to the City of South Bend as recorded in Plat Book # 5 on Page # 44 in
the records of said Recorder's office.
Containing 0.96 acres more or less.
Subject to all legal highways, easements and restrictions of record.
Also that Part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2
East, City of South Bend, Portage Township, St. Joseph County, Indiana, being Lots # 34 -37 of the
recorded Plat of "Shetterley Place 2nd Plat ", to the City of South Bend, Indiana as recorded in Plat
Book # 5, Page # 44 in the office of the Recorder of St. Joseph County, Indiana, also Lot # 7 of the
recorded Plat of "C.E. Smith's Subdivision of Lots numbered 38, 39, 40 & 41 of Shetterley Place,
2nd plat ", to the City of South Bend, recorded May 3, 1916 in the office of the Recorder of St.
Joseph County, Indiana in Plat Book # 10, Page # 10, and being more particularly described as
beginning at the Northeasterly corner of said Lot # 34; thence South 43 °09'35" East along the West
line of a 14 foot wide Public Alley, 174.03 feet (Rec. 174.10 feet) to the Northeast corner of said Lot
# 34; thence South 46 °32'49" West, 35.14 feet (Rec. 35.00 feet) to the Northwest corner of said Lot #
7; thence South 43'11'52" East along the Northerly line of said Lot # 7, 32.56 feet (Rec. 32.66 feet)
to the Northeasterly corner of said Lot # 7; thence South 46 °3249" West along the Southerly line of
said Lot # 7, 97.39 feet (rec. 97.00 feet) to the Northerly right -of -way of Portage Avenue; thence
North 43 °12'56" West along the Northerly right -of -way line of Portage Avenue, 316.67 feet (Rec.
315.46 feet); thence North 22 °54'31" East, 8.91 feet to the South right -of -way line of Rex Street;
thence North 89 °01'58" East along said south right -of -way line, 168.27 (Rec. 168.00 feet) to the
point of beginning.
Containing 0.79 acres more or less.
Subject to all legal right -of -ways, easements and restrictions of record.
For special exceptions:
That part of the Northeast Quarter of Section 2, Township 37 North, Range 2 East, Portage
Township, City of South Bend, St. Joseph County, Indiana which is described as: Lots # 112 of the
Plat of "Shetterley Place Yd Plat" now a part of the City of South Bend as recorded in Plat Book # 5,
on Page # 60 in the records of the St. Joseph County, Indiana Recorder's office, excepting the East
35 feet of said Lot # 112.
Containing 0.07 acres more or less.
Subject to all legal highways, easements and restrictions of record.
Also that Part of the Northeast and Southeast Quarters of Section 2, Township 37 North, Range 2
East, City of South Bend, Portage Township, St. Joseph County, Indiana, being Lots # 34 -37 of the
recorded Plat of "Shetterley Place 2nd Plat ", to the City of South Bend, Indiana as recorded in Plat
Book # 5, Page # 44 in the office of the Recorder of St. Joseph County, Indiana, also Lot # 7 of the
recorded Plat of "C.E. Smith's Subdivision of Lots numbered 38, 39, 40 & 41 of Shetterley Place,
2nd Plat ", to the City of South Bend, recorded May 3, 1916 in the office of the Recorder of St.
Joseph County, Indiana in Plat Book # 10, Page # 10, and being more particularly described as
beginning at the Northeasterly corner of said Lot # 34; thence South 43 °09'35" East along the West
line of a 14 foot wide Public Alley, 174.03 feet (Rec. 174.10 feet) to the Northeast corner of said Lot
# 34; thence South 46 °32'49" West, 35.14 feet (Rec. 35.00 feet) to the Northwest corner of said Lot #
7; thence South 43 °11'52" East along the Northerly line of said Lot # 7, 32.56 feet (Rec. 32.66 feet)
to the Northeasterly corner of said Lot # 7; thence South 46 °32'49" West along the Southerly line of
said Lot # 7, 97.39 feet (rec. 97.00 feet) to the Northerly right -of -way of Portage Avenue; thence
North 43 °12'56" West along the Northerly right -of -way line of Portage Avenue, 316.67 feet (Rec.
315.46 feet); thence North 22 °54'31" East, 8.91 feet to the South right -of -way line of Rex Street;
thence North 89 °01'58" East along said south right -of -way line, 168.27 (Rec. 168.00 feet) to the
point of beginning.
Containing 0.79 acres more or less.
Subject to all legal right -of -ways, easements and restrictions of record.
be and the same is hereby established as MU Mixed Use.
SECTION II. That a Special Exception Use for off -site in the MU Mixed Use District is
hereby granted subject to a site development plan hereby attached and made a part of
this Ordinance and which site plan contains and lists all conditions, if any, of approval.
SECTION III. This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Ma or and legal publication.
Member of the Common Council
Attest:
City CI
Presented b me to the Mayor of the City of South Bend, Indiana on the
c 5�'` day ofi , 2_6110 , at 0: DO o'clock --a- . m.
ity Clerk
Approved and signed by me on the day of Ocko6t/ , 2 t5 1 L_, at
S .0 o'clock m.
Ae���
Mayor, City of out end, Indiana
1 et READING QI 12,11 to
PUBLIC HEARING j b /2j4 j l tP
3 rd READING tO/2.41 ! Lo
NOT APPROVED
REFERRED 0111M l iO
PASSED 101 2rIt /I U
Fled in Clerk's Office
SEP 0'8 2016
KAREEMAR FOWLER
CITY CLERK, SOUTH BEM
121