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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 yo�� ���� PASSED. �,� ��� CITY CLERK, SOUTH BEND, IND. Tontmitur arpod Rio ille Tontuton (found( of #lr (Mg of exw# Brnd: 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