HomeMy WebLinkAboutRezone - Southwest corner of Michigan and ChippewaORDINANCE NO. 5711 -74
Passed by the Common Council of the City of South Bend,
AUGUST 12, 1974
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
AUGUST 13
Clerk
of Common Council
X— 4- -"""`° / City Clerk
IRENE K. GAMMON
Southwest corner of
Michigan and Chippewa
ORDINANCE NO. s- 7 / / -,9 N
AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER
21 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA
BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. Chapter 21 of the Municipal Code of South
Bend, Indiana be, and the same is hereby amended, supplemented
and changed in Section 21 -6 thereof to provide that the follow-
ing described real estate located in the City of South Bend,
Indiana, to -wit:
A tract of land in the Northwest Quarter (1/4) of Section 25,
Township 37 North, Range 2 East in the City of South Bend,
St. Joseph County, Indiana, more particularly described
as follows:
All of the following described real estate except that portion,
if any, already zoned C- Commercial under the South Bend Zoning
Ordinance described as follows:
Beginning at the intersection of the South line of Chippewa Avenue
and the Easterly line of South Main Street in South Bend,
Indiana; thence Southerly on the Easterly line of South Main Street
a distance of 720.80 feet, more or less, to the North line of Lot
No. 108 in Chippewa Heights Third Addition; thence Easterly along
the North line of said Lot No. 108 and also the North line of
Lot No. 69 in said Chippewa Heights Third Addition to the Westerly
line of South Michigan Street; thence Northerly along the Westerly
line of South Michigan Street and any curvature of such line to
the intersection with the Southerly line of South Chippewa Avenue;
thence Westerly along the South line of Chippewa Avenue to
the place of beginning.
be and the same hereby is changed from a "B" Residential use district
to a "C" Commercial use district, in accordance with the site
development plan as submitted with the petition to amend as filed
with the Clerk of the City of South Bend, Indiana, and that the
Height and Area district concerning such realty shall remain as an
"A" Height and Area district.
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 real estate in conflict herewith are repealed.
01,
FILED IN CLERK'S OFFICE
ist READING
PUBLIC HEARING JUN 5 - 1974
2nd READING g - / a - - y
NOT APPROVED
REFERRED O., Irene Gammon
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PASSED. �,� ��� CITY CLERK, SOUTH BEND, IND.
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Your Committee Of the Whole
to whom was referred
AN ORDINANCE AMENDING AND SUPPLEMENTING
CHAPTER 21 OF THE MUNICIPAL CODE OF SOUTH
BEND, INDIANA (southwest corner of Michigan
and Chippewa).
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.
CITY OF SOUTH BEND
PETITION TO AMEND 'ZONING ORDINANCE
FOR OFFICIAL USE ONLY
Date filed with City_Clerk
Date received by the Area Plan Commission
Application No.
NOTICE: THIS PETITION MUST BE TYPEWRITTEN OR PRINTED IN INK. READ
THE INSTRUCTIONS CAREFULLY BEFORE COMPLETING REMAINDER OF
FORM.
I (We), the undersigned, do hereby respectfully make applica-
tion and petition the Common Council of the City of South Bend, Indiana,
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. The property sought to be rezoned is located at:
Adjacent to the Southwest corner of the intersection of
South Michigan Street and East Chippewa Avenue in South
Bend, Indiana.
. 2. The property is owned by:
First Bank and Trust Company of South Bend, Trustee of the
trusts created by the Last Will and Testament of
Estelle C. Cover, Deceased
3. A legal description of the property is as follows:
A tract of land in the Northwest Quarter (1/4) of Section 25,
Township 37 North, Range 2 East in the City of South Bend,
St. Joseph County, Indiana, more particularly described
as follows:
All'of the following described real estate except that portion,
if any, already zoned C- Commercial under the South Bend Zoning
Ordinance described as follows:
Beginning at the intersection of the South line of Chippewa Avenue
and the Easterly line of South Main Street in South Bend,
Indiana; thence Southerly on the Easterly line of South Main Street
a distance of 720.80 feet, more or less, to the North line of Lot
No. 108 in Chippewa Heights Third Addition; thence Easterly along
the North line of said Lot No. 108 and also the North line of
Lot No. 69 in said Chippewa Heights Third Addition to the Westerly
line of South Michigan Street; thence Northerly along the Westerly
line of South Michigan Street and any curvature of such line to
the intersection with the Southerly line of South Chippewa Avenue;
thence Westerly along the South line of Chippewa Avenue to
the place of beginning.
(CONTINUE ON THE REVERSE SIDE, IF NECESSARY)'
4. It is desired and requested that the foregoing property
be rezoned:
From B-Residential Use and A- Height and Area District
To C- Commercial 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):
A retail grocery store with an adjacent drug store and greenery
store selling artificial flowers and gifts to constitute one building;
and a separate retail carpet store and professional building, as
more particularly described on the site plan filed with the office
of the City Clerk of South Bend, Indiana at the time of the filing
of this petition.
6. Number of off - street parking spaces to be provided:
Approximately 320 parking spaces will be provided.
7. Attached is (a) an original ordinance and 25 copies;
(b) an original petition and 20 copies; (c) a $10 filing fee;
(d) an existing plot plan showing my property and other surrounding
properties; (e) names and addresses of all the individuals, firms
or corporations owning property within 300 feet of the property
sought to be rezoned; and (f) 5 copies of a site development plan.
FIRST BANK AND TRUST COMPANY OF SOUTH
BEND, Trustee of the Trusts Created by
the Last 11 and
Testament of
W
Es C. =-
Deceased
Bg
iVnatur`eof Petitioner s
S. E. Kompar
Vice President and Trust Officer
2nd Floor, First Bank Building, South Bend,
Address Indlana 46601
Petition Prepared By:
Warren E. McGill, Attorney at Law
Thornburg, mcuili, Deafti, arman, arey & Murray
645 First Bank Building
South Bend, Indiana 46601
-2-
FILED IN CLERK'S OFFICE
JUN 5 -1974
Irene Gammon
CITY CLERK. SOUTH BEND, IND;
The Honorable Common Council
City of South Bend
County -City Bldg.
South Bend, IN 46601
In Re: A proposed ordinance and site development plan of
the Estate of Estelle C. Cover to zone from "B"
Residential, "A" Height and Area, to "C" Commercial,
"A" Height and Area, property located at the southwest
corner of the intersection of South Michigan Street
and East Chippewa Avenue, City of South Bend.
Gentlemen:
The attached petition of the Estate of Estelle C. Cover
was legally advertised July 6, and July 13, 1974. The Area
Plan Commission gave it a public hearing July 16, 1974, at
which time the following action was taken:
"A motion by Kenneth Woods was seconded by Joseph
Simeri to favorably recommend the petition of the
Estate of Estelle C. Cover to the Common Council,
FILED IN CLERKS OFFICE subject to a final site plan.
Ralph Stonebraker said that the proposed use is
JUL 171974 consistent with the Land Use Plan and the Staff,
therefore, recommends that it be favorably recommended
Irene Gammon to the Common Council and that the preliminary site
am an WDA IND. plan be approved.
Mr. Woods' motion was then unanimously carried."
The above recommendation is made subject to a final site
plan and the preliminary site plan is attached hereto.
The deliberations of the Area Plan Commission and points
considered in arriving at the above decision are shown in the
minutes of that public hearing and will be forwarded to you at
a later date to be made a part of this report.
Very truly your
Richard S. Johnson,
RSJ /ch Executive Director
cc: Warren MCGill
First Bank & Trust Co., Trust Officer