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HomeMy WebLinkAboutAmending Zoning - Portage Maple Roads Joseph Roper Atty.Portage -Maple Roads Joseph Roper, Atty. ORDINANCE NO. 5295 -71 AN ORDINANCE AMENDING AND SUPPLEMENTING RDINANCE NO. 49900 -68 CHAPTER 40 OF THE MUNICIPAL COD] OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702 BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. That Zoning Ordinance No. 4990 -68 Chapter 40 of the Municipal Code of the City of South Bend, Indiana, formerly known as Zoning Ordinance No. 3702, be and the same is hereby amended and supplemented by changing the zoning classification of the fol- lowing described property from "A" Residence District to "B" Residence District, subject, however, to site development plan with respect thereto approved by the Area Plan Commission: A tract of land in the North 1/2 of Section 27, Township 38 North, Range 2 East, St. Joseph County, Indiana, de- scribed as follows: Beginning on a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the centerline of the Indiana East -West Toll Road, as shown by plat recorded in the St. Joseph County Map Records, at a point therein opposite Station 4146 +30; thence Southwesterly in a direct line to a point which is 20 feet East of the West line of said Section 27 and 580 feet South of the Northwest corner of said Section 27; thence South 000 01' 30" West, 1417.16 feet, thence South 89° 59' 06" East, 2901.53 feet to a point on the Westerly Right -of -Way of Portage Road; thence North 23° 19' 50" West, 1097.67 feet along said Right -of -Way of Portage Road; thence South 66° 40' 10" West, 50.00 feet, thence North 890 59' 06" West, 510 feet; thence North 001 01' 36" East to the intersection with a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the centerline of the Indiana East-West Toll Road as shown by plat recorded in the St. Joseph County Map Records; thence Westerly along a line drawn parallel to and distant 150 feet Southerly of, measured on a line normal to, the centerline of the Indiana East -West Toll Road as shown by plat recorded in St. Joseph County Map Records to the place of beginning, containing + 92.31 acres. Section 2: This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Member of the Common ouncil Passed by the Common Council of the City of South Bend, Indiana, on the /Q411 day of 1971. President of the Common Council ATTEST: �. ►�, ity C erk Presented by me to the Mayor of the City of South Bend, Indiana, on the 117� day of 2L&� 1971, at the hour of o'clock M. �U�-' jtPctf' a f ity C1 rk This Ordinance approved and signed by me on the ,k -N day of 1st & 2nd READING 4 -27 -70 COMMITTEE OF THE WHOLE PUBLIC HEARING 5 -10 -71 3rd READING 5 -10 -71 NOT APPROVED REFERRED PASSED 5 -10 -71 1971, at the hour of 1*11400 o'clock —9—M. FILED IN CLERK'S OFFICE APR 2 21971 KATHRYN L. BLOUGH - 2 - CITY CLERK, SOUTH BEND, IND. OFFICE of the CITY CLERK Date --------- - - -- April 28 t---- -- - --- .. --,19. 71 To At the .... .............. April 27,___1971 meeting of the Council the following matter was referred to you for appropriate disposal of for specific action as indicated: PETITION TO AMEND ZONING ORDINANCE AND ZONING ORDINANCE - Given 1st & 2nd Reading, April 27, 1971 and Set for Public Hearing on May 10, 1971 (See Ord. No. 5125 -69, passed Nov. 24, 1969) Location: Portage Avenue, Maple Road and Indiana Toll Road. Property owned by: Virgil A. Place and Others and Grant - Holladay Construction Corp. Attorney: Mr. Joseph Roper The attached copies of the above petition and zoning ordinance were initiated by the Area Plan Commission. The legal descriptions in the petition and ordinance differ. Therefore, the Council has requested your clarification of the discrepancy. Please submit a report to the Council at the May 10, 1971 meeting. Documents attached: City Clerk Petition and Ordinance ------------------------------------------------- -- -- ----------------- ---------- KATHRYN L. B L O U GH M. Platts Deputy TN[ IR [[ MF[t � !U[LI[NIMO CO. Tommitt er lgtprrt d10 tot Tomm u (8ouurit of tot Mug of #out# spud: Your Committee of the Whole May 10, 1971 to whom was referred AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 4990 -68 CHAPTER 40 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED TO AS ZONING ORDINANCE NO. 3702. (PORTAGE -MAPLE ROADS) Respectfully report that they have examined the matter and that in their opinion, the Ordinance go to the Council as favorable \ Chgrman eeea •nesa •oeuan�rva co. AREAPLAN COMMISSION HOWARD BELLINGER EXECUTIVE DIRECTOR .0. 1219 COUNTY -CITY BUILDING OF ST. JOSEPH COUNTY, IND. W. JEFFERSON BLVD. SOU TF[BEND IN219)N9495i1 The Honorable Robert Common Council of the County -City Building South Bend, Indiana Dear Mr. Laven: April 29, 1971 Laven, President City of South Bend Re: Request for clarification of legal descrepancy in ordinance and petition The reason for the difference between the legal description on the petition and the ordinance is the ordinance was amended on the floor at the Plan Commission meeting. The reason for the amendment was to exclude the rights -of -way of Portage and Maple Roads and to enlarge the right -of -way on both to 80'. The ordinance has on it the correct legal thus would be the one to follow. If it is the request of the Council to change the petition we will see that it is accomplished. However, since the petition is more for information then legality, it may not be necessary to change it. If we may help in any way please ask. Sincerely yours, :1e.+ e. ins. Douglas Carpenter, Senior Planner for Howard Bellinger, Executive Director DC /dh EXCERPTS FROM THE MINUTES OF THE AREA PLAN COMMISSION MEETING HELD ON TUESDAY, APRIL 20, 1971 A proposed ordinance originated by the Area Plan Commission to rezone from "A" Residential Use to "B" Residential Use property located at Portage Avenue, bounded on the north by the Indiana Toll Road, the west by Maple Road and the east by Portage Avenue. Mr. Carpenter stated that this is a rezoning that took place last year. The time limitation (one year) has expired, requiring a re- petitioning for the zoning. Mr. Joseph A. Roper said perhaps he had beeter make a state- ment on this petition. He stated that Mr. Andrew Place is his client and they were unable to start construction on this property within the year after the first rezoning was approved. They are now ready to start construction and would appreciate the considera- tion of the Commission to this rezoning. Grant Holiday is the construction company for this site. In answer to Mr. Taylor's question, Mr. Roper said they would agree to the rezoning subject to the original site plan. A motion was made by Mr. Taylor, seconded by Robert Lehman and unanimously carried to recommend this proposed ordinance favorably to the Common Council of the City of Sotth -Bend subject to continued acceptance of the originally approved site plan.