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HomeMy WebLinkAboutRezoning - State Road 23, US 20, 31 By-pass and Linden RdORDINANCE No. 5955 -76 Passed by the Common Council of the City of South Bend, March 8 .,. 76 A— IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, March 9 ,,, 76 Clerk of Common Council IRENE K. GAMMON Approved and signed by Clerk Generally described as State Road 23, U. S. 20 - 31 By -Pass and Linden Road (Gertrude Street) area ORDINANCE NO. 5955 -76 AN ORDINANCE AMENDING AND S Be it ordained by the Common Council of the City of South Bend, Indiana, that: SECTION I Chapter 40 of the Municipal Code of (South Bend City Zoning Ordinance No. 4990) hereby amended, supplemented and changed in Section 40 - 24 thereof to provide that the real estate recently annexed to the City of to -wit: South Bend, Indiana, be, and the same is Section 40 - 14 and following described South Bend, Indiana, A parcel of land located in Sections 27, 22 and 21, Township 37 N, Range 2 East, of Portage and Centre Townships, South Bend, Indiana, and being more par- ticularly described as follows: Beginning at a point on the west right -of -way line of Linden Road, 30 feet west of the northeast corner of said Section 27; thence south along said west right - of -way line of Linden Road a distance of 3,500 feet, more or less, to the north right -of -way line of the U. S. 20 - 31 By -Pass; thence northwesterly along said north right -of -way line of the U. S. 20 - 31 By -Pass a distance of 8,350 feet, more or less, to the south right -of -way line of State Road 23 (Prairie Avenue); thence northeasterly along the south right - of -way line of State Road 23 (Prairie Avenue) a distance of 4,550 feet, more or less, to the intersection of the west right -of -way line of Locust Road and the south right -of -way line of State Road 23 (Prairie Avenue); thence northeasterly along said south right -of -way line of State Road 23 (Prairie Avenue) a distance of 370 feet, more or less, to the west right -of -way line of Philippa Street; thence east and parallel with the north line of Section 22 a distance of 340 feet, more or less, to the west right -of -way line of Carlisle Street, said point is also the south line of Peaks lst Addition to the City of South Bend, a recorded sub- division, and the south line of Rum Village Heights an addition to the City of South Bend, also a recorded subdivision; thence east along the south line of said Peaks 1st Addition and Rum Village Heights a distance of 1,825 feet, more or less, to the southeast corner of Lot 4, Rum Village Heights; thence south along the west line of Rum Village Heights 2nd Addition to the City of South Bend and the said west line extended a distance of 1,490 feet, more or less, to a point which is 152 feet, more or less, west of the west right -of -way line of Linden Road (Gertrude Street); thence east a distance of 152 feet, more or less, to said west right - of -way line of Linden Road (Gertrude Street); thence south along said west right -of -way line of Linden Road (Gertrude Street) a distance of 1,200 feet, more or less, to a point that is 515 feet, more or less, south of the northeast corner of the southeast 1/4 of said Section 22; thence west and parallel with the north line of said southeast 1/4 of Section 22, a distance of 849.42 feet, more or less, to a point; thence south and parallel with the east line of said southeast 1/4 of Section 22, a distance of 2,125.86 feet, more or less, to the south line of said southeast 1/4 of Section 22, thence east along said south line of said southeast 1/4 of Section 22 a distance of 849.42 feet, more or less, to the place of beginning. Containing 732.32 acres, more or less. Excepting from the above description all legal highways and right -of -ways. be and the same hereby is changed in its "Use District" from "A" Residential to "A" Residential and from "No" Height and Area District to "A" Height and Area District. SECTION II This ordinance is to be in full force and effect from and after its passage, 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 by the Common Council of the on the day of `ity of South Bend, Indiana, , 19 PRESIDENT OF THE COMMON COUNCIL ATTEST: CITY CLERK I si_lno3 c-11 _ _ an oppertu-n - - ��_ _ _.;l:.0 __Scussion and Council acticn on the issue., 1si READING �D-Q3 --7L PUBLIC HEARING :3- Sr - 7 b 2nd READING NOT APPROVE® REFERRED PASSED FILED IN CLERK'S OFFICE FEB i R la(o Irene Gammon CITY CLERK, SOUTH SEND, IND. Tatritntu t Irpar2 'To 14C ldmmftwn Tonndl of tot Tug of omd4 vend: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (Linden Road — Gertrude Street area). Respectfully report that they have examined the matter and that in their opinion The Ordinance should be recommended favorably to the Common Council. Frank Horvath Chairman !B[L IB GL � IYBLIBNINB CO. 3r AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County -City Building South Bend, Indiana 46691 (219) 284 -9571 FILED IN CLERK'S OR ruary 18, 1976 The Honorable Common Council FEB 1 3 t9 75 City of South Bend County -City Building Irene Gammon South Bend, IN 46601 CITY CLERK, SOUTH SEND, IND, In Re: 2. A. A proposed ordinance initiated by the Area Plan Commission to zone recently annexed land from "A" Residential to "E" Heavy Industrial, "A" Height and Area, property located on Linden Road, at.the northwest corner of Linden and Chippewa, City of South Bend; and B. A proposed ordinance initiated by the Area Plan Commission to zone recently annexed land from "A" Residential to "A" Residential, "A" Height and Area, property located on State Road #23, U. S. 20 -31 By -Pass and Linden Road (Gertrude Street), City of South Bend Gentlemen: The attached rezoning petition initiated by the Area Plan Commission was legally advertised February 7, and February 14, 1976. The Area Plan Commission gave it a public hearing on February 17, 1976, at which the following actions were taken: A. "Upon a motion by Rollin Farrand, being seconded by Joseph Serge and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to zone recently annexed land from "A" Residential, to "E" Heavy Industrial, "A" Height and Area, property located on Linden Road at the northwest corner of Linden and Chippewa, City of South Bend, is forwarded to the Common Council with a favorable recommendation, by the Area Plan Commission. " B. "Upon a motion by Rollin Farrand, being seconded by Joseph Serge and unanimously carried, the proposed ordinance initiated by the Area Plan Commission to zone recently annexed land from "A" Residential to "A" Residential, "A" Height and Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph, County, IN The Honorable Common Council Page Two February 18, 1976 RE: Annexation - Linden Road (Gertrude Street), U. S. 20 -31 By -Pass, State Road #23 Area, property located on State Road #23, U. S. 20 -31 By -Pass and Linden Road (Gertrude Street), City of South Bend, is forwarded to the Common Council with a favorable recommendation, by the Area Plan Commission." The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in minutes of the public hearing and will be forwarded to you at a later date to be made a part of this report. Attached for your consideration in the review of these matters is a copy of the Area Plan Commission Staff Report. Very truly yours, �y =d Richard S. Johnson, Executive Director RSJ /cm attach. A. P. C. initiated petition to zone the northwest corner of Linden and Chippewa "E" Heavy Industrial, and "A" Height and Area. A. P. C. Road #23 the U. S.. n� Area. initiated petition to zone an area bounded by State (Prairie Avenue), Linden Road (Gertrude Street), and 20 - 31 By -Pass, "A" Residential and "A" Height and This area was annexed to the City of South Bend on November 26, 1969. The residents of the area then took the annexation to court. The Area Plan Commission was notified on: March (24, ,r 1974, that the annexation suit -had been dismissed by; the ;- Q6urt-- om.January li., 1974. The Area Plan Comm' kosr thesY x started the procedure to zone the annexed land as required by the Zoning Ordinance of South Bend;' The•Area Plan Comte mission held a, public hearing on the zoning on.May 21, 1974, , and'made recommendations to the City`Council. On June 6;.,` 1974, the remonstrance to this annexation was reopened by the Court and so the City Council returned the annexation to the Area Plan Commission until a final decision was 'made by the Court. The Area Plan Commission was notified by the City Attorney's office on January 5, 1976, that the Court had found for the City and that the annexation became effective on January 2, 1976. The zoning must now be completed as required by the South Bend City Zoning Ordinance. The ordinances, as proposed, would zone the area on the west side of Linden Road (Gertrude Street) from Chippewa Avenue north approximately 2,125 feet "E" Heavy Industrial and "A" Height and Area and would zone the remaining area "A" Resi- d 11 11 ential and A Height and Area.