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HomeMy WebLinkAboutRezoning - 600 & 700 Blocks of Portage AveORDINANCE No. 5928 -75 Passed by the Common Council of the City of South Bend, December 15 ,, 75 Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, December 16 ,, 75 Clerk IRENE K. GAMMON ORDINANCE NO. 5928 -75 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (600 and 700 BLOCKS OF PORTAGE AVENUE). BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: SECTION I. Chapter 40 Bend, Indiana (South Bend City and the same is hereby amended, Section 40 -14 and Section 40 -24 following described real estate Bend, Indiana, to -wit: of the Municipal Code of South Zoning Ordinance No. 4990) be, supplemented and changed in thereof to provide that the located in the City of South Part of the South East 1/4 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, described as follows: A parcel of land in the St. Joseph County Agriculture Society Addition designated as Lots 1 through 3 bounded by Portage Avenue on the Northeast, Lindsey Street on the South, and Leland Avenue on the West. A parcel of land in the Chapin Place First Plat designated as Lots 18 and 19, located on the Northwest corner of Forest Avenue and Portage Avenue. A parcel of land in the Fred Keller's subdivision designated as Lots 1, 2 and 12, also a parcel of land in the Burrough's Subdivision designated as Lots 28 through 31. This is located on the South- west corner of Lindsey Street and Portage Avenue. A parcel of land in the C. Fassnacht Addition designated as Lots 4 through 8 located on the Southeast corner of Lamont Terrace and Portage Avenue. Excepting therefrom the following described parcels: The Northerly 33.33 feet of Lot No. 6 of C. Fassnacht Addition and the Southerly 30 feet and Westerly 78 feet of Lot No. 7 of C. Fassnacht Addition. be and the same hereby is changed in its Use District Regulation Classification from "C" Commercial, "E" Height and Area, to "B" Residential, "A" Height and Area. SECTION II. This ordinance is to be in full force and effect from and after its enactment, the approval of the Mayor, and its publication according to law. SECTION III. All prior ordinances affecting the above described tracts of land in conflict herewith are repealed. Member of the Common Council Passed December 15, 1975, as amended. ORDINANCE NO. 5928 -75 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (600 and 700 blocks of Portage Avenue). BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: SECTION I. Chapter 40 of the Municipal Code of South Bend, Indiana (South Bend City Zoning Ordinance No. 4990) be, and the same is hereby amended, supplemented and changed in Section 40 -14 and Section 40 -24 thereof to provide that the following described real estate located in the City of South Bend, Indiana, to -wit: Part of the South East 1/4 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, described as follows: A parcel of land in the St. Joseph County Agriculture Society Addition designated as Lots 1 through 3 bounded by Portage Avenue on the Northeast, Lindsey Street on the South, and Leland Avenue on the West. A parcel of land in the Chapin Place First Plat designated as Lots 18 and 19, located on the Northwest corner of Forest Avenue and Portage Avenue. A parcel of land in the C. Fassnacht Addition designated as Lots 4 through 8 located on the Southeast corner of Lamont Terrace and Portage Avenue. Excepting therefrom the following described parcels: The Northerly 33.33 feet of Lot No. 6 of C. Fassnacht Addition and the Southerly 30 feet and Westerly 78 feet of Lot No. 7 of C. Fassnacht Addition. A parcel of land in the Fred Keller's Subdivision designated as Lots 1, 2 and 12, also a parcel of land in the Burrough's Subdivision designated as Lots 28 through 31. This is located on the South- west corner of Lindsey Street and Portage Avenue. be and the same hereby is changed in its Use District Regulation Classification from "C" Commercial, "E" Height and Area, to "B" Residential, "A" Height and Area. SECTION II. This ordinance is to be in full force and effect from and after its enactment, the approval of the Mayor, and its publication according to law. SECTION III. All prior ordinances affecting the above described tracts of land in conflict herewith are repealed. Passed December 15, 1975, as a TomutdW Irport (To tkt Tommu Tonurd of tllr Edify of OorI4 Vrnd Your Committee of the Whole to whom was referred An ORDINANCE amending and supplementing Chapter 40 of the Municipal Code of South Bend, Indiana (600 and 700 blocks of Portage Avenue). Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Common Council, as amended: Legal description to be amended to read: Part of the South East 1/4 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, described as follows: A parcel of land in the St. Joseph County Agriculture Society Addition designated as Lots 1 through 3 bounded by Portage Avenue on the Northeast, Lindsey Street on the South, and Leland Avenue on the West. A parcel of land in the Chapin Place First Plat designated as Lots 18 and 19, located on the Northwest corner of Forest Avenue and Portage Avenue. A parcel of land in the C. Fassnacht Addition designated as Lots 4 through 8 located on the Southeast corner of Lamont Terrace and Portage Avenue. (continued) I... ,wee, . I...... co. Committee of the Whole Report Page 2 Excepting therefrom the following described parcels: The Northerly 33.33 feet of Lot No. 6 of C. Fassnacht Addition and the Southerly 30 feet and Westerly 78 feet of Lot No. 7 of C. Fassnacht Addition. A parcel of land in the Fred Keller's Subdivision designated as Lots 1, 2 and 12, also a parcel of land in the Burrough's Subdivision designated as Lots 28 through 31. This is located on the Southwest corner of Lindsey Street and Portage Avenue. Odell Newburn Chairman PETITION TO AMEND ZON ORDINANCE Date Filed with City Clerk Date Received by the Area Plan Commission NOTICE: THIS PETITION MUST BE READ THE INSTRUCTIONS REMAINDER OF FORM. TYPEWRITTEN OR PRINTED IN INK, CAREFULLY BEFORE COMPLETING I (we), the undersigned, do hereby respectfully make application and petition the Common Council to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. 2. 3. The property sought to be rezoned is located at the 600 and 700 blocks of Portage Avenue The property is owned by The City of South Bend Ken & Grace Murphy St. Germain Foundation Marden, Inc. Dave Doren Miriam Reyer Veronica & Dennis Bunbury Harold & Teri Dunlap Eugene & Emilia Karczewski Gafill Projects, Inc. Dimitris & Victoria Petrou Pauline & Charles Menyhart Norton & Joan Mumford Richard & Norma Dorman Aurelia Thilman Charles & Flossie Whitney Frank Hiss A legal description of the property is as follows: Part of the South East 1/4 of Section 2, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, described as follows: A parcel of land in the St. Joseph County Agriculture Society Addition designated as Lots 1 through 3 bounded by Portage Avenue on the Northeast; Lindsey Street on the South, and Leland Avenue on the West. A parcel of land in the Chapin Place First Plat designated as Lots 18 & 19, located on the Northwest corner of Forest Avenue and Portage Avenue. A parcel of land in the C. Fassnacht Addition designated as Lots 4 through 8 located on the Southeast corner of Lamont Terrace and Portage Avenue. A parcel of land in the Fred Keller's Subdivision designated as Lots 1, 2 and 12, also a parcel of land in the Burrough's Subdivision designated as Lots 28 through 31. This is located on the Southwest corner of Lindsey Street and Portage Avenue. 4. It is desired and requested that the foregoing property be rezoned From "C" Commercial Use and "E" Height and Area District To "B" Residential Use and "A" Height and Area District 5. It is proposed that the property will be put to the following use and the following building (s) will be constructed (include number of dwelling units if residential) The property will continue to be used as it is currently occupied. 6. Number of off- street parking spaces to be provided. N/A 7. Attached is a copy of (a) an existing plot plan showing my property and other surrounding properties; (b) names and addresses of all the individuals, firms, or corporations owning property within 300 feet of the property sought to be rezoned; and (c) site development plan. Area Plan Commission Petition Prepared By FILED 10/-�/ -7 y AREA PLAN COMMISSION APPLICATION NO -26 6 FILED IN CLERK'S OFFICE P 19 1975 Irene Gammon CITY CLERK, SOUTH BEND, IND. 111 _ �•'' '7 � � c _ Z -( W i MANITOU \\ 4 t^ i�/ - LAKIONT• — — —TER —' — — -- -T-- ST — to — ry CL 0Z Al lz L - - ' — - -- - - -- -- � of � R' ..✓• z "z ARRE— — NAV—= ST —� "�' -' SUB -- g's� R ,R O DF :1 I3 - —! e Z MARIO to i ati •� �``� r:4 '! —� _ -w J7 If f The Honorable Common Council City of South Bend County -City Building South Bend, Indiana 46601 In Re: A proposed ordinance initiated by Roger Parent and Joseph Serge, to zone from "C" Commercial, "E" Height and Area, to "B" Residential, "A" Height and Area, property located in the 600 - 700 block of Portage Avenue, City of South Bend Gentlemen: The attached rezoning petition of Roger Parent and Joseph Serge was legally advertised October 11, 1975, and October 18, 1975. The Area Plan Commission gave it a public hearing on October 21, 1975, at which time the following action was taken: "Upon a motion by Ted Sharp, being seconded by Kenneth Woods and carried with 7 votes for and 5 against, the petition of Roger Parent and Joseph Serge, to zone from "C" Commercial, "E" Height and Area, to "B" Residential, "A" Height and Area, property located in the 600 - 700 block of Portage Avenue, City of South Bend, is returned to the Common Council with a favorable recommendation, by the Area Plan Commission." The deliberations of the Are points considered in arriving at the in minutes of the public hearing and at a later date to be made a part of for your consideration in the review Area Plan Commission Staff Report. a Plan Commission and above decision are shown will be forwarded to you this report. Attached of this matter is the Very truly yours, Ric i d S. Johnson Ex cutive Director RSJ:mak R !It'll C M3 ONE cc Roger Parent �iY 11 Y6il[11�1 YfrYL Joseph Serge Gvi f04 ha� Iwo Gammon tft &M am us, Ins. October 7, 1975 JOSEPH SERGE PETITION ON LAMONTE TERRACE AND AT Dr)DIVArV DT7FTTTTP. 1tiF_7A EXISTING ZONING OF SURROUNDING PROPERTY - all of the surrounding property is currently zoned "B" Residential. EXISTING LAND USE OF SURROUNDING PROPERTY - all of the surrounding land uses are currently either single or multi - family houses. SITE PLAN -site plans for the area are not required because no changes will be made to the existing buildings. ACCESS - access to the sites will remain the same, therefore, no approvals will be required from the City Engineer or the State Highway Department. DRAINAGE - since no changes are proposed, no new drainage facilities will be required. PARKING - all parking facilities will remain as they are. STAFF COMMENTS - this area has been designated as Residential, Low Density on the Land Use and Transportation Plan.