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Home My WebLink AboutZoning - Belleville Shopping Center Ford, Summit Dr. and Lombardy Dr.ORDINANCE No. 5228 -70 Passed by the Common Council of the City of South Bend, September 14, 70 — rq Presented by me to the Mayor of the City of South Bend, Approved and signed by September 16, Tn70 Clerk of Common Council Clerk KATHRYIQ %. BLOUGH TN[ I... P.... 1U.II..... CO. Belleville Shopping'Center Ford, Summit Dr. and d Lombardy Dr. i =z LL. �.- CD a �o i/1 ^ m � a) m LLJ _i Ca Z ORDINANCE NO. 5228 -70 _ AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE W ~ : CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS 4' STILL EFFECTIVE, AND THE MUNICIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE Indiana: BE IT ORDAINED by the Common Council of the City of South Bend, SECTION I. That the following described real estate in the City of South Bend, Indiana, to -wit: A tract of land located in the West z of the Southwest k of Section 9, Township 37 North, Range 2 East and the East z of the Southeast h of Section 8, Township 37 North, Range 3 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point on the West line of said Section 9, 100 feet North of the North line of Ford Street, said point being on the present line between the "C" Commercial district zone and the "B" residential district zone; thence West along said present zoning line, 950 feet more or less to the Easterly line of Summit Drive, thence Northerly along said Easterly line of Summit Drive 108 feet more or less to a line 90 feet North and parallel with said present zoning line between "C" Commercial district and "B" Residential district; thence East along said line 90 feet North and parallel with said present zoning line, 1560 feet more or less to the West line of Lombardy Drive, thence Southerly along said Westerly line of Lombardy Drive 101 feet more or less to said present zoning line between "C" Commercial district and "B" Residential district; thence West along said present zoning line 543 feet more or less to the place of beginning, containing 3.15 acres more or less. be and the same is hereby zoned "B" Residential Use and "B" Height and Area District, the same to conform with the site development plan submitted herein. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, Indiana, approval by the Mayor of the City of South Bend, Indiana, and legal publication. 1st & 2nd READING 8 -24 -70 COMMITTEE OF THE WHOLE PUBLIC HEARING 9 -14 -70 3rd READING 9 -14 -70 NOT APPROVED REFERRED PASSED 9 -14 -70 �� ' :sue - yl �s ^1//�C/• ember of n Council ember of n Council Manttn{12ee Atpar# coo the (domman (Qoundt of the C4; of fouth Brub: September 14, 1970 Your Committee Of the Whole to whom was referred AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, IDENTIFIED AS ORDINANCE NO. 4990 -68, ORDINANCE NO. 3702, AS AMENDED, TO THE EXTENT IT IS STILL EFFECTIVE, AND THE MUNI- CIPAL CODE OF SOUTH BEND, INDIANA, SECTIONS 40 -1 TO SECTIONS 40 -43, AS AMENDED, TO THE EX- TENT IT IS STILL EFFECTIVE. (Belleville Shopping Center, Ford, Summit Dr. and Lombardy Dr.) Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. F... I.... FYBLIf NIN4 <.. Chairman FIRST COMMUNITY DEVELOPMENT CORPORATION 524 E. McKINLEV AVENUE • P.O. BOX 358 • MISHAWAKA, INDIANA 46544 • TEL. 219 - 255 -9624 September 8, 1970 Members of the Common Council City of South Bend County -City Building South Bend, Indiana Attention: Robert 0. Laven, President Dear Members of the Council: I read recently in the South Bend Tribune that the Colpaert Realty Company has made a request for a change in zoning on property lo- cated in the Washington High School area to permit the erection of multi- family'housing. While I believe that there is a continuing need in the community for such housing, the information that I have is that the Colpaert Realty Company is proposing to erect housing under the FHA Section 236 subsidized housing program. I am attaching to my letter a xerox of several pages of the official transcript of the hearings held on November 16, 1967, regarding the request to the Area Board of Zoning Appeals for permission to construct multi - family housing on a site in the Washington High School area under an identical pro- gram now proposed to be utilized by the Colpaert firm to build multi - family housing in the same general area. Note clearly that the Colpaert Realty Company vigorously opposed the request for the development of the multi - family housing when it was proposed in 1967 and made several points as set forth in the transcript, one being that there was no possibility of expansion of the Washington High School and that the construction of this multi - family housing as we had proposed would overburden the school. The other objection to the housing we had proposed, as set forth by the Colpaert firm, was that it was a duplication of the housing proj- ect that was originally intended for the LaSalle Park area. The Polpaert representatives stated, "Such a housing project, of course, (s intended for a class of people who are mainly dependent upon government assistance to pay their rent. This, of course, would ring in an occupancy which is entirely different from the people Fho purchased their houses in a $20,000 to $30,000 class across the street." 'a growing corporation` Members of the Common Council Page 2 September 8, 1970 In view of the fact that the Colpaert Realty firm was the principal organization responsible for stopping the development of the same type of housing on the Harber Homes site, which they now propose to develop in the same general area, if the Council sees fit to ap- prove the zoning of the tract of land for the Colpaert firm; the First Community Development Corporation requests Council approval for the zoning of the some 13 acres of the Harber Homes tract that is not being utilized by the Consolidated Negro Contractors to per- mit the erection of multi - family housing using exactly the same pro- gram as proposed by the Colpaert organization. Sincerely, FIRST COMMUNITY DEVELOPMENT CORPORATION T. Brooks Brademas Chairman of the Board TBB /fal AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IND. The Honorable Common Council City of South Bend County -City Building South Bend, In. Gentlemen: X. 8. WIMON, =CuT DIHi R ROOM 1219 COUNTY -CITY E=INO 2V W. ]EFF ON RLW.. nUM UENO, INDIANA 10801 (219) M-9571 August 21, 1970 The attached rezoning petition of A. C. Colpaert and Colpaert Realty Corp. was legally advertised on August 8 and August 15 and given public hearing on August 18, 1970. The following action was taken: After due consideration, Mr. Simeri moved, seconded by Mr. Taylor, that the site plan and proposed ordinance be recommended favorably to the Common Council with the recommendation to the developer to consider constructing an appropriate recreational building. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the excerpts of the minutes attached hereto and made a part of this report. Very truly yours, % Howard Bellinger, Executive Director HB:eb PETITION TO AMEND ZONING ORDINANCE USE ONLY) Application No. Sate Filed with City Clerk or County Auditor bate Received by the Area Plan Commission 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 application and petition the Common Council of the City of Sou Bend to amend the Zoning Ordinance of as hereinafter requested, and in support o is app cat on, the following facts are shown: 1. The property sought to be rezoned is located at the south edge of Belleville Shopping Center, north of Ford Street running from Summit Drive on the west to Lombardy Drive on the east. 2. The property is owned by Corporation. A. C. Colpaert and Colpaert Realty 3. A legal description of the property is as follows: A tract of land located in the West z of the Southwest % of_Section 9, Township 37 North, Range 2 East and the East z of the Southeast h of-Section 8, Township 37 North, Range 2 East in the City of South Bend, Indiana, more particularly described as follows: Beginning at a point -on the West line of said Section 9, 100 feet North of the North line of Ford Street, said point being on the present line between tl e M Commerce, c � z,Q ga Rgsidential district zone; thence West along said present zoning line,'950 feet more or less to the Easterly line of Summit Drive, thence Northerly along said Easterly line of Summit Drive 108 feet more or less to a line 90 feet North and parallel with said zoning line between "CP Commercial district and "B" Residential district; thence East along said.line 90 feet North and parallel with the said present zoning line, 1560 feet more or less to the West line of Lombardy Drive, thence Southerly along said Westerly line of Lombardy Drive 101 feet more or less to said present zoning line between "C" Com- mercial district and "B" Residential district; thence West along.said present zoning line 543 feet more or less to the place of beginning, con- taining 3.15 acres more or less. ' ID E y CLERK'S OFFICE JUL 221970 KATHRYN L . BLOUGH CITY CLERK, SOUTH BEND, IND. 4- It is desired and requested that the foregoing property be rezoned. From "C" Commercial Use and "An Height and Area District. To URV g sid n ,al Use and M" 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.) This- ninety (90) foot strip of land (North,and.South) together with,property adjoining it to the South will be used for multiple - family dwelling purposes and twenty -three (23) buildings of one -story design containing a total of one hundred (100) .apartments (60% one bedroom and 40% two bedrooms) will be constructed. 6. Number of off street parking spaces.to be provided i 150 off street parking spaces. 7. Attached is a copy of; a.) an existing plot Ian showing the property and other surrounding properties; b.� names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c.) site development plan. - A. C. olpaert Colp r Mt Cor oration BYSi ture of Petitioner(s 5109 West Western Avenue South Bend, Indiana 'Address G. Burt Ford, Attorney at Law - -802 Odd Fellows. Building South Bend, Indiana 46601 Telephone N .: _233__1195_ -- ' Petition prepared y