The URL can be used to link to this page

Home My WebLink About8347-93 Amending Zoning loacted immediately South of & Adjacent to the south boundary of the Scottsdale Mall ORDINANCE No. 8347-93 Passed by the Common Council of the City of South Bend, Indiana_ February 8, 93 19 Attest: ' City Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— February 9, 93 19 City Clerk IRENE K. GAMMON Approved and signed by me OLEM4AtitAAt 1 1 Ig ct��4 Mayor ORDINANCE NO. PS 7- 93 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY SOUTH OF AND ADJACENT TO THE SOUTH BOUNDARY OF THE SCOTTSDALE MALL, 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: A parcel of land being a part of the Southwest Quarter of Section 30, Township 37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing at the Southwest corner of said Southwest Quarter, thence North 0-28 '-44" West along the West line of said Southwest Quarter, a distance of 1318.99 feet; thence North 89-38 '-00" East along the North line of the South half of said Southwest Quarter, a distance of 57.50 feet to the place of beginning; thence continuing North 89-38 '-00" East along said North line, a distance of 1396. 16 feet to the Northerly right-of-way line of the U.S. 20 Bypass: thence along said Northerly right-of-way line for the next nine courses, South 69-58 '-00" West, a distance of 514. 95 feet; thence South 72-49 '-45" West, a distance of 200.25 feet; thence South 69-58 '-00" West, a distance of 45.77 feet to a point of curvature; thence along said curve to the right having a radius of 1799.86 feet and central angle of 6-07 '-36" and limited in length by a chord which bears South 73-01'-48" West, a distance of 192. 37 feet; thence North 13-54 '-23" West, a distance of 40. 00 feet to a point of non-tangent curve; thence along said curve to the right having a radius of 1759.86 feet and a central angle of 10-41'-24" and limited in length by a chord which bears South 81-26 '-18" West, a distance of 327.87 feet; thence South 3-13 '-00" East, a distance of 40. 00 feet' thence South 81-29 '-18" West, a distance of 162 .54 feet; thence North 0-23 '-00" West, a distance of 198. 40 feet; thence North 89-38 '-00" East, a distance of 192 .79 feet; thence North 0-28 '-44" West, a distance of 112.00 feet; thence South 89-38 '-00" West, a distance of 192 . 60 feet; thence North 0-23 '-00" West, a distance of 62. 00 feet to the place of beginning, containing 6.28 acres more or less. be and the same is hereby established as C-2 Shopping Center District, A-Height and Area. 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. e AMENDED PETITION • Date Filed Application No. Date received by the Area Plan Commission The undersigned makes 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: Immediately South of and adjacent to the South property line of the Scottsdale Mall bounded by the U.S. 20 Bypass on the South, Miami Road on the West and the Easterly boundary of the Scottsdale Mall on the East. 2) Name and address of property owner of the petition site: South Bend Land Limited Partnership c/o George Comfort & Sons, Inc. 200 Madison Avenue New York, New York 10010 (212) 481-1122 3) Name and Address of contingent purchaser(s) , if applicable: Massachusetts Mutual Life Insurance Company Suite 2000 100 South Wacker Drive Chicago, Illinois 60606 (413) 788-8411 4) It is desired and requested that this property be rezoned: from A-Residential, A-Height and Area to C-2 Shopping Center District, A-Height and Area. 5) This rezoning is requested to allow the following use: Parking for mall employees and customers of mall stores. 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) five (5) site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, we and any contingent purchaser understand that if the Council approves this petition to rezone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to the initial zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. SOUTH BEND LAND LIMITED PARTNERSHIP, "PETITIONERS" By Bruce R. Bancroft Richard W. Morgan Barnes & Thornburg • r LEGAL DESCRIPTION A parcel of land being a part of the Southwest Quarter of Section 30, Township 37 North Range 3 East, City of South Bend, Centre Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing at the Southwest corner of said Southwest Quarter, thence North 0- 28 '-44" West along the West line of said Southwest Quarter, a distance of 1318 .99 feet; thence North 89-38 '-00" East along the North line of the South half of said Southwest Quarter, a distance of 57.50 feet to the place of beginning; thence continuing North 89-38 '-00" East along said North line, a distance of 1396.16 feet to the Northerly right-of-way line of the U.S. 20 Bypass: thence along said Northerly right-of-way line for the next nine courses, South 69-581-00" West, a distance of 514. 95 feet; thence South 72- 49 '-45" West, a distance of 200.25 feet; thence South 69-58 '-00" West, a distance of 45.77 feet to a point of curvature; thence along said curve to the right having a radius of 1799.86 feet and central angle of 6-07 '-36" and limited in length by a chord which bears South 73-01'-48" West, a distance of 192 . 37 feet; thence North 13-54 '-23" West, a distance of 40. 00 feet to a point of non-tangent curve; thence along said curve to the right having a radius of 1759.86 feet and a central angle of 10-41 '-24" and limited in length by a chord which bears South 81-26'-18" West, a distance of 327.87 feet; thence South 3-13 '-00" East, a distance of 40. 00 feet' thence South 81- 29 '-18" West, a distance of 162 .54 feet; thence North 0-23 '-00" West, a distance of 198. 40 feet; thence North 89-38 '-00" East, a distance of 192 .79 feet; thence North 0-28 '-44" West, a distance of 112. 00 feet; thence South 89-38 '-00" West, a distance of 192 . 60 feet; thence North 0-23 '-00" West, a distance of 62. 00 feet to the place of beginning, containing 6.28 acres more or less. Subject to any easements, covenants or restrictions of record. • PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION PROPERTY 1. South Bend Land Limited Partnership c/o George Comfort & Sons, Inc. 200 Madison Avenue New York, New York 10010 2 . Massachusetts Mutual Life Insurance Company Suite 2000 100 South Wacker Drive Chicago, Illinois 60606 3 . South Bend Community School Corporation 635 South Main Street South Bend, Indiana 46601 4 . Miami Assoc. Attention: James Cook 115 West Colfax Avenue South Bend, Indiana 46601 5. Harold C. and Hildred R. Widener 719 Widener Lane South Bend, Indiana 46614 6. Fairington Apartments of South Bend c/o Gene B. Glick Co. , Inc. P. 0. Box 40177 Indianapolis, Indiana 46240 7. Scottsdale Mall Partners Ltd. c/o George Comfort & Sons 200 Madison Avenue New York, New York 10010 8 . Montgomery Ward Life Insurance Co. c/o Ad Valorem Tax, Inc. 209 South Main Street, Suite 100 Mount Prospect, Illinois 60056 9. Franchise Realty Corporation c/o McDonald Corp. Box 66, 207 AMF O'Hare Chicago, Illinois 60666 10. Miami Associates Attention: Mike Boehm P. O. Box 4280 South Bend, Indiana 46634 11. State of Indiana c/o Indiana Department of Highways P. O. Box 429 LaPorte, Indiana 46350 Q ammtttn Irport Oki tic Column &tounrtt of the Ong of*gully lino): Your Committee of the Whole to whom was referred BILL NO. 107-92 SECOND READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IMMEDIATELY SOUTH OF AND ADJACENT TO THE SOUTH BOUNDARY OF THE SCOTTSDALE MALL, IN THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended by substitution. Thomas Zakrzewski Chairman