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HomeMy WebLinkAboutAmending Chapter 21 Municipal CodeORDINANCE No. 6802 -80 Passed by the Common Council of the City of South Bend, Indiana_ l_y 14, 19 80 jt-e,� 4-, Ao",-�� IRENE K. GAMMON City Clerk of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana Approved and signed by July 15, ig 80 4e'" x City Clerk IRENE K. GAMMON P 19_YI BILL NO. ORDINANCE NO. I (a go n -R% ,6' AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 2, DIVISION 7, SECTION 21 -18 COMMONLY KNOWN,.AS THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE'AND INTENT The Common Council recognizes the need for "use district regulations" which are presently contained in municipal zoning laws. The Council further recognizes that blighted areas within the City have been diminished by the restriction of controlled uses within one thousand feet of any two (2) controlled uses. The Council acknowledges that the :Municipal. Code presently designates an area in the downtown which is exempt from the locational restrictions. In order to promote further downtown development, the Council finds -that the downtown area which is presently exempt should be enlarged to include the property referred to as the East Bank Core Area. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL Of THE CITY Of SOUTH BEND, INDIANA, as follows: SECTION I. Chapter 21, Article 2, Division 7, Section 21 -18(c) of the Municipal Code of the City of South Bend, Indiana, is hereby amended as follows: In order to promote the use of the downtown area as a regional retail business and convention center, any Class A Cabaret or restaurant which sells beer or intoxicating liquor for consumption on the premfs -es is exempt, for the purpose of this chapter, from the locattonal restrictions in Section 21,18(b) herein, in the area bounded by a line drawn'as follows: Beginning at a point formed by the intersection of the north right of -way line of Madison Avenue and the west right -of -way line of William Street; thence south along the west right-of-way line line of William Street to the south right -of -way of the Conrail property;-thence south- easterly along said right- of-way to the west right- of-way of Lafayette Boulevard; thence north along said right -of -way to the south right-of- way line of Monroe Street to the southeast right -_of -way line of that portion of Monroe Street between Lincolnway Fast and,.the St. Joseph River; thence northeast along the southeast right -of -way line of that portion of Monroe Street between Lincolnway East and the St, Joseph River and proceeding in a northeasterly direction along said right -of- way to the center of the St. Joseph River; thence proceeding in a northwesterly direction along the center of the St. Joseph River to the north right -of -way line of Jefferson Boulevard; thence east along the north right-of-way line of e erson Boulevard to the west right- of-way line of Niles Avenue; thence north along t e west 'right-of-way ine of Niles Avenue to the nor ' rig to -way ine o '.a lson venue; thence west along the north right-of-way line to the northeast boundary of Miller & Greens Secon A iMon; thence northwest along said boundary and its extension to the centerline of the St. Joseph River;*thence pro- ceeding in a southwesterly direction along the cen er I'e o, t e St. Joseph River to the north right-of-way line'0xtended of a ison venue, thence west along the north right -of-way line of Madison Avenue to the west right -of -way line of William Street, which is the point of beginning, all in the City of South Bend, St. Joseph County, State of Indiana. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. ember oT the jCo-mmon r6ificil Passed, as amended, July 14, 1980 AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN Room 1140 County -City Building June _18,. 1980 The Honorable Common Council. City of South Bend 4th Floor, County -City Bldg. South Bend, IN 46601 South Bend, Indiana 46601 RICHARD S. JOHNSON Executive Director (219) 284 -9571 RE: A proposed ordinance initiated by Councilman Lewis McGann to exclude the East Bank area from certain provisions of the Controlled Use Ordinance, City of South Bend Gentlemen: The rezoning petition of Councilman Lewis McGann was legally advertised on June 7, 1980. The Area Plan Commission gave it a public hearing on June 17, 1980, at which time the following action was taken: Upon a motion by June Stratton, being seconded by Dwight Miller, and carried on a vote of nine in favor and two opposed, with Robert Lehman abstaining, the proposed ordinance initiated by Councilman Lewis McGann to exclude the East Bank area from certain provisions of the Controlled Use Ordinance, City of South Bend, is returned to the Common Council with no recommendation. Please note the attached Ordinance contains a legal description different than that used for Council's first reading. The legal description was amended by the petitioner to include the lot located on the northwest corner of Hydraulic Avenue and Madison Street so that the line defined by the legal description would not divide the lot and an existing structure. The amended Ordinance was the Ordinance that was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and matters considered in arriving at the above decision are shown in excerpts of the minutes and will be forwarded to you at a later date to be made a part of this report. Also attached for your consideration is a copy of the Area Plan Commission's Staff Report. Sincerely yours, Richard S. Johnson Executive Director RSJ /scb Attachments Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN STAFF 'REPORT , ,A E DR iLEEPER PAR PARK N, MANIiTOU F— iBART L T p 0 ST, MEM TR HOSP AA VIIRRE 1E'l L-J NAVARRE W C — -- -'MAR 1"�` Tl I J < CORBY LA' L-----j ll I L-,---> CORBY R RIVE — --------- Fl---o� F-7 >i L'. C)l ICAMPEa, -J! KALOOAMAM: L E E PIER — PARK R R R Sr, ARK , t4rlMONID r— PL ST r---- 11A1. 2 IF", T LLASALLE cf) 7171F 77t, 7,7uj U) =A! - NBLVQ 1D J FFERS IN L —1I E L ST. <1 D ST. L Ll ll--� ��2 E El F11, H I YA' [�JE cn A MO 11 M SOUT ro, �ONSOIN lI N\ !T T UT AMPLE II t2_ 1 r1413 T O TUrT CP F -11_4, it LLji -E 7 _L 2 LA SALLE ---------------------- 71[ 7 7 -COLFAX 11 LA LLJ 2111 wASH L,—NG, —"--N L W4 > < --J, J D EF-EERSUN BL JEF-ERSON — ---------- \N 4,y N�E H 0 A'A R PARK LLJ oi - -- Ji i WAYNE* F Cm) 0- LIJ T. MONRC Lki LL OHIO sl : 2� \\ < JRUSK)NI AREA TO BE EXEMPTED FROM CERTAIN PROVISIONS OF THE CONTROLLED USE ORDINANCE PE TMON AREA ORDINANCE BOUNDARY NORTH 7 H .1 BRONSON STI 'L - ----------- ST P�T co 0 Lki LL OHIO sl : 2� \\ < JRUSK)NI AREA TO BE EXEMPTED FROM CERTAIN PROVISIONS OF THE CONTROLLED USE ORDINANCE PE TMON AREA ORDINANCE BOUNDARY NORTH DEPT. OF REDEVELOPMENT 1200 County -City Bldg. South Bend, Indiana 46601 (219) 284 -9371 Carl Ellison Director Ann Kolata Deputy Director CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 MEMORANDUM TO . Members of Common Council FROM Ann Kolata, Deputy Director Department of Redevelopment P I� SUBJECT: Controlled Use Exemption -- East Bank Development Area DATE : May 7, 1980 Encl AK j az Redevelopment Commission F. Jay Nimtz President .Lloyd E. Robinson, Sr. Vice President A. Peter Donaldson Secretary Robert J. Cira Assistant Secretary Paula N. Auburn Member The Department of Redevelopment is submitting for your consideration the above identified ordinance amending the Municipal Code to provide for the exemption of controlled use restrictions in the East Bank Core Area. This area is generally bounded by Jefferson on the South, Niles on the East, Madison on the North, and the St. Joseph River on the West. This ordinance is necessary to facili- tate intensive residential and related compatible commercial development that is expected to be called for in the antici- pated Redevelopment Plan for the area. This matter has been discussed both with the Redevelopment Commission and the Human Resources and Economic Development Committee of the Common Council. We are aware of no objections to the adoption of this ordinance. Therefore, the Department of Redevelopment respectfully requests favorable Common Council action on this matter. To n turr Report (!o tot Tommun Toundl of #tit Tit!; of Onu#4 Fend: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING CHAPTER 21, ARTICLE 2, DIVISION 7, SECTION 21 -18 COMMONLY KNOWN AS THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (CONTROLLED USE —EAST BANK.) 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 substituting a new bill correcting the legal description. WALTER M. SZYMKOWIAK Chairman FRE[ PRESS PUBLISHING CO.