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Home My WebLink AboutRezoning - Located South of Dunham St & North of N.J., Indiana and Ill. Railroad TracksORDINANCE No. 5822 -75 Passed by the Common Council of the City of South Bend, APRIL 7, 75 Presented by me to the Mayor of the City of South Bend, APRIL 8 7 Clerk of Common Council IRENE K. GAMMON Clerk Located south of Dunham St. & North of N.:J., Ind. &Ill. Railroad Tracks ORDINANCE NO. ur�o?a -iS AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA 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: A part of the Southeast Quarter of Section 10, Township 37 North, Range 2 East, and being more particularly described as follows: All of Lots Numbered 108, 109, 110, 111, 142, 143, 144, 145, 146, 147, 148, 149, 150, and 151, all as shown on the Recorded Plat of Realty and Construction Company's Second Addition to the City of South Bend, In St. Joseph County, Indiana; ME Two vacated alleys located in the Southeast Quarter of Section_10, Township 37 North, Range 2 East and being more particularly described as follows: A north -south fourteen (14') foot vacated alley running south approximately thirty (30') feet from the south right -of -way line of Dunham Street to the north right -of -way line of the New Jersey, Indiana and Illinois Railroad; and a vacated fourteen (14') foot alley running northeasterly approximately one hundred forty (140') feet, from the east right -of -way line of Carlisle Street, parallel with the New Jersey, Indiana and Illinois Railroad right - of -way to the aforesaid vacated north -south alley; Being all included in the Recorded Plat of Realty and Construction Company's Second Addition to the City of South Bend, Indiana in St. Joseph County, Indiana; AND A.-parcel of land located in the Southeast Quarter of Section 10, Township 37 North, Range 2 East and being more particularly described as follows: Beginning at the intersection of the south right -of -way line of Dunham Street and the north right -of -way line of the New Jersey, Indiana and Illinois Railroad; thence southwest along said railroad right -of -way approximately eighty (80') feet to the east right -of -way line of a vacated north -south alley; thence north along said vacated alley right -of -way line approximately thirty (30') feet to the south right -of -way line of Dunham Street; thence -east along said south line of Dunham Street approximately seventy -five (75') feet to the place of beginning, in the Recorded Plat of Realty Construction Company's Second Addition to the City of South Bend, all being located in St. Joseph County, Indiana. be and the same hereby is changed in its Use District Regulation classification from "E" Heavy Industrial, "F" Height and Area, to "D" Light Industrial, "F" Height and Area; subject to and in accordance with the petition to amend. 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. � %1 ME�IIBER OF THE COMM C CIL Passed by the Common Council of the of South Bend, Indiana, on the 7 ek day of — d � �A � , 1975. ATTEST: 4", CITY CLERK 1st READING / - a 7 -,2 S - 2 - PUBLIC HEARING 4/- -2- 7 5- 2nd READING 4 — 7 - 17 5- NOT APPROVED REFERRED &,, /� ,.,.. PASSED y_ 7. -75- ILEO III CLERTS OFFICE q i 2 11975 Irene Gammon CITY CLERK, SOUTH BEND, IND. fbummittrr Irport XV the Tommon (IIounril of thr Mug of #out# Siena: Your Committee Of the Whole to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (property located south of Dunham Street and north of the New Jersey, Indiana and Illinois Railroad tracks). Respectfully report that they have examined the matter and that in their opinion the Ordinance should be recommended favorably to the Common Council. Odell Newburn Chairman ,... ..... .......... CO. The Honorable Common Council City of South Bend County -City Building South Bend, IN 46601 In Re: A proposed ordinance initiated by Walter T. Kopczynski to zone from "E" Heavy Industrial, "F" Height and Area, to "D" Light Industrial, "F" Height and Area, property located between Dunham Street and the New Jersey, Indiana and Illinois Railroad tracks, and one -half block east of Olive Street, City of South Bend Gentlemen: The attached rezoning petition of Walter T. Kopczynski was legally advertised March 8, and March 15, 1975. The Area Plan Commission gave it a public hearing March 18, 1975, at which time the following action was taken: "Upon a motion by Dan Chrzan being seconded by Joseph Serge and carried unanimously, the proposed ordinance initiated by Walter T. Kopczynski to zone from "E" Heavy Industrial, "F" Height and Area, to "D" Light Industrial, "F" Height and Area, property located between Dunham Street and the New Jersey, Indiana and Illinois Railroad tracks, and one -half block east of Olive Street, City of South Bend, is returned 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 this matter is the Area Plan Commission Staff Report. Very truly yours, FILEO IN CLERK'S OFFICE Rich rd S. Johnson, r.4m 1 1975 Executive Director RSJ /cm cc: Walter T. Kopczynski Irene Gammon CITY CLERK, SOUTH BEND, .IND. 1. C March 6, 1975 WALTER KOPCZYNSKI (DUNHAM ST.- RAILROAD -OLIVE ST 0400 -75 EXISTING ZONING OF SURROUNDING PROPERTY - the property to the north and east is currently zoned "B" Residential, the property to the west is zoned "A" Residential, the property south of the railroad tracks is zoned "E" Heavy Industrial, and "D" Light Industrial. TING LAND USE OF SURROUNDING PROPERTY - the property to the north, east and west is currently vacant or being used for single family houses. The property to the south of the railroad tracks is being used for industrial purposes. SITE PLA14 - because the petition was initiated by a member ofthe Common Council, a site plan is not required by the South Bend Zoning Ordinance. If the change in zoning is granted, however, the use of the property would be limited to the permitted uses listed in the South Bend Zoning„Ordinance under "D" Light Industrial. AGENCY COMMENTS - Mr. Rollin Farrand, Director of Public Works, has stated that his office has reviewed the petition and has no objections to the rezoning. STAFF COMMENTS - this area has been designated as residential, low density on the Land Use and Transportation Plan. The area immediately south of the railroad tracks is designated as light industry. In considering the merits of this rezoning request, the following points should be con- sidered: 1. The Light Industrial zoning classification is more restrictive in the types of uses than the heavy Industrial zoning. 2. There is a railroad track immediately south of the property. 3. There are single family houses to three sides of the property. 4. The streets in the irmediate area are residential streets and are not designed for large equipment or trucks. a i