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Home My WebLink AboutRezoning - 8 Acres of Land Located Near the Northwest corner of the Intersection of McKinley Ave and Hickory RdORDINANCE No. 5119 -69 Passed by the Common Council of the City of South Bend, November 10, 1969 Presented by me to the Mayor of the City of South Bend, Approved and signed by November 1 Clerk of Common Council Clerk 61 KATHIKYN L. BLOUGH THE IN.. P.... .RIL00e .UaOXIM® cA. ORDINANCE AFFECTING APPROXIMATELY 8 ACRES OF LAND LOCATED NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF MC KINLEY AVENUE AND HICKORY ROAD IN THE CITY OF SOUTH BEND, INDIANA. (Ayr -Way Store) W estate located in the City of South Bend, Indiana, to -wit: Part of the Southeast Quarter of Section 5, v = 2 the center line of the right -of -way for McKinley 61 Avenue) 688.25 feet west of the southeast corner of said Section; thence North a distance of 726 feet; W o M ° ORDINANCE NO. 5119 -69 N be � J West on a line parallel with the South line of L" N -'� An Ordinance Amending and Supplementing w South line of said Section a distance of 375 feet Z Ordinance No. 990 - Chapter 0 z OU be and the same hereby is changed in its Use District Regulation Of The Munici al Code formerly Zonin Area District Classification to "E" height and Area District, in �d Ordinance No. 3702 . o LLA J Be it enacted by the Common Council of the City of South Bend, Indiana, that: Section 1. Ordinance No. 4990 - Chapter 40 of the Municipal Code, (formerly Zoning Ordinance No. 3702) of the City of South Bend, Indiana, be and the same is hereby amended, supple- mented and changed, to provide that the following described real and effect from and after its enactment, the approval of the Mayor, and its publication according to law. estate located in the City of South Bend, Indiana, to -wit: Part of the Southeast Quarter of Section 5, Township 37 North, Range 3 East, beginning at a point on the south line of said Section (being the center line of the right -of -way for McKinley 61 Avenue) 688.25 feet west of the southeast corner of said Section; thence North a distance of 726 feet; thence West on a line parallel with the South line o 0%0 of said Section a distance of 225 feet; thence i I M North on a line parallel with the East line of � A i said Section a distance of 435.5 feet; thence z ° West on a line parallel with the South line of said Section a distance of 150.23 feet; thence w o ' + South a distance of 1161.6 feet, more or less to the South line of said Section; thence East along the ots W South line of said Section a distance of 375 feet o = a o w ¢ more or less, to the place of beginning. erU�MZ C d be and the same hereby is changed in its Use District Regulation Classification to "C" Commercial District and in its Height and Area District Classification to "E" height and Area District, in accordance with the Plat Plan attached hereto. Section 2. 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. (jvutmitttr . Sport 00 toe elimton (Qoundt of t4t (Ing of OM94 lktta: November 10, 1969 Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 - CHAPTER 40 OF THE MUNICIPAL CODE. (FORMERLY ZONING ORDI- NANCE NO. 3702 'Location: Land located near the Northwest corner of the inter- section of McKinley Avenue and Hickory Road in the City of South Bend, Indiana) Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable William W. Grounds Chairman AREA PLAN COMMISSION L K. WILSON, E% DIRECTOR }�xxxxQimx}mx=X, �acai, SOUTH BEND, INDIANA 46601 OF ST. JOSEPH COUNTY, IND. 214 W.. Wayne St. (219) 299 -2955 October 22, 1969 The Honorable Common Council City Hall South Bend, Indiana Gentlemen: The attached ordinance originated by the Area Plan Commission, covering the property in the 3400 block of McKinley Highway, was legally advertised under date of October 11 and 18 and given public hearing on October 21, 1969. The following action was taken: After due consideration it was moved, seconded, and carried that the ordinance, subject to the limitations of the attached drawing, be recommended favorably to the Common Council. Attached hereto and made a part of this report is an excerpt from the minutes of the meeting. Very truly yours, John K. Wilson, Executive Director JKW /cas Attach. FILED IN CLERK'S OFFICE OCT 231969 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, WD, §i{ yn lay �:.d ' � A• O 'i. � +„ .EXCERPT FROM THE MINUTES OF THE AREA PLAN COMMISSION^Mt°ET,IIG OF OCTOBER 210 1969. ,F An ordinance originated by the Area plan Commission to rezone from "A" Residential to "C" Commercial approximately 8 acres in the 3400 block of !1cKinley Highway. Mr. John K. Wilson, Executive Director of the Area Plan Commission now appeared and indicated that L. S. Ayres have an option to pruchase the property and that the rezoning from "A" Residential to "C" Commercial is based upon the following facts: ` 1. "`The previous' rezonini& -of -to the rtortri o£ - -_ -' approximately 21 acres in 1966, January. This rezoning was approved prior to present si.te plan controls. It should be pointed out, however, that much time was spent on the study of a site plan as well as access to the site.' 2." A.previous in depth and detailed land.use study of the general area. A report and alternate land use plans considered'are on file in the Plan Commission office. The I study indicated ".that the logical use for the general area was commercial. To terminate such commercial zoning to the north and west a "B" Residential buffer strip was established. J 3. - -'The ad�3ditional commercial area contained in the petition covering approximately 8 acres is contiguous to and a logical part of the previously zoned, parcel. 'Mr. Wilson stated that it was his opinion that no precedent would be sed by '_the Area Plan Commission initiating the reclueste= zezonrnil.S��;ould, Lure :pe ltiori�r r'deve7opers di ve-prapertp_ mee`tif all of�tKe above conditions they would - receive similar'treatment. I The rezoning is recommended subject to: (1) one sign_frontig onto McKinley a one access point onto McKinley. PAZ Mr. Wilson further pointed out that any entrance would be con- k trolled by the Technical Committee of the Transportation t Planning Board and the State Highway Commission. t There�no appeared Joseph Helling, at'torneyj� who stated that he lepresented the property owners involved in the petitioniand the L. S. Ayres Company the option purchaser of ; the property. He stated that Ayres has a contract to purchase the property if it is rezoned, that this project I r m o `f BagsO° nPm o will be a new innovation in marketing with an Ayr -Way store and an L. S. Ayres both being constructed on one parcel of ground. He indicated that his clients have no objections to the limitation of a single sign and entrance as proposed by Mr. Wilson. Fie also indicated that the project will be suitably landscaped and thae they must have the zoning before they can proceed with financing since- -this will be a 6 to 6 1/2 million dollar project. Mrs. Susan Parker, 232 'Sylvan Glen, appeared and stated that while she was not against the proposal she.would like to know what assurance the people have_that' the _ . . . - -___ 4a a..ria- does notes build thelproject'but sells the property. Mr: "Gonter', 534 Preston Drive, now appeared and stated that heifeat the'property owners should be given some assurance about .what will be built and the Plan Commission has a responsibility to assure the people of this fact. 1 There now ensued considerable discussion between Mr. Wilson, Mr. Helling, Mr. Weisman, plan Commission attornev, and the Commission relative to whether or not a site plan was being submitted and, if the petitioner could be held to it. ted that the general drawing submitted by Mr. Helling sta I his clientsl would be considered binding as far as they..are ission's concerned.,/ Foilowina further discussion the Comm attorney advised them that the plan submitted-by the petitioner can be considered as being binding and /would thus give the surrounding property owners assurance that if the g project is not built as indicated any other use would have to me Yia�k -to, e' tli .i Commissiop.. T � r; After due consideration of. tie in presented,• i was moved 'by ?sir. J. Miller that the ordinance, subject to the- limitations of the attached drawing, be recommended favorably to the Common Council. Mr. Simeri seconded the Y motion and it was unanimously carried. i I a x r