HomeMy WebLinkAboutZoning - Portage - Maple Rds Indiana Toll RdORDINANCE No. 5125 -69
Passed by the Common Council of the City of South Bend,
November 24, X969
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
November 25, ,,, 69
Clerk
)f Common Council
Clerk
I DEAL PRESS
Portage - maple -Rds.
Indiana Toll Rd.
NO, 5125 -69
AN ORDINANCE AMENDING AND SUPPLEMENTING
ZONING ORDINANCE NO. 3702
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BENDP
INDIANA:
Section 1:
That Zoning Ordinance No. 3702, as heretofore amended,
be and the same is hereby further amended and supplemented by
changing the zoning classification of the following 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
890 59' 06" East, 2901.53 feet to a point on the Westerly
Right -of -way of Portage Road; thence North 230 19' 50"
West, 1097.67 feet along said right -of -way of Portage
Road; thence South 660 40" 10" West, 50.00 feet; thence
North 890 59' 06" West, 510 feet; thence North 000 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 enactment, approval by the Mayor and legal publica-
tion.
, / A//fl7 /' wv
A /member of the Common Council of
the City of South Bend, Indiana.
Passed by the Common Council on the 24th day of
November , 1969.
APPROVED AND SIGNED by the Mayor on the 26th day
of November , 1969.
1st & 2nd READING 10 -27 -69
COMMITTEE OF THE WHOLE
PUBLIC HEARING 11 -24 -69
3rd REP,OIPdG 11 -24 -69
NOT APPROVED
REFERRED
PASSED 11 -24 -69
— 2 —
FILED IN CLERK'S 40-MCE
OCT 2 71959
KATHRYN L. BLOUGH
C ;TY CLERK, SOUTH BEND, IND.
..� . r �,,.. + -. • F t 'Writ ,, A *...
+ ,
July 30, 1969 ; ° "
em
Area Plan Convnission of St..Joseph County, Indians ;.�,•
214 West Wayne Street
South Bend, Indiana 46601
Attentions Kra John Wilson, Executive Director
Res Petition of Grant- Holladay Construction Corporation, et al,
to amend zoning rdinance with respect pact to property located
on Portage Avenue, bounded on the north by the Indiana Toll
Road, the west by Maple Road and the east by Portage Avenue
Gentlemens
As the agent and attorney for all involved pro
petty owners
and on their behalf, I hereby wish to advise you that such property
owners wish to, and do horeby, amend their original potitioo to read
as follows
''. There is hereby substituted the following "paragraph'in lieu
of the existing Paragraph 3s
"3. A legal description of the property is as followss
A tract of land .in the North 1/2 of Section 27, Township 38',`: +r..
North, Range 2 East, St. Joseph County, Indiana, described
as follows$ Beginning on a line drawn parallel to and die
taut 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 10 feet East of the West
line of paid Section 27 and 560 feet South of the Northwest
corner of said Section 27. thence South 000 01' 30•. West,
1417.16 feet; thence South 890 59. 06" East, :901,53 'feet to
A point on the Westerly Right -of -way of portage Roadie thence
North 230 19. 50• West''1097.67 feet along aaid right -ot -way,
of Portage Road =;theac *�South'`660 40`,100 Kest, 50.00-feet;
`i "♦.1v f, s1\ Y.t� 51 ..r +.
1 Y•
Area Plan Commission of St. Joseph Countyi Indiana
July 300 1969
Page 2
thence. North 690 59' 06" West, 510 teen thence North 600
31' ?G" rrnet to the intersection with a line drawn parallel
to and distant 150 feet southerly of, measured on a line
norcal to, the centerline of the Indiana Cast -west Toll ;.
Road as shown b'y plat recorded in the St. Joseph County Map
Recorda: thence westerly along a line drawn parallel to and'j,,
distant 150 feet Southerly of, measured on a line normal to,
the centerline of the Indiana East -hest Toll Road as shown
by plat recorded in St. Joseph County Map Records to the
place of beginning, containing _ 92.31 acres. "'
There is hereby substituted the following paragraph in lieu
of the existing Paragraph 4v
r. "4. It is desired and requested that the property described
in the preceding amended Paragraph 3 be rezoned from'•A';'
Residence District to "B'. Residence District."
There is hereby substituted the following paragraph in lieu
of the existing Paragraph St
'S. It is proposed tha n thq above described property there
Will be constructed separate structures containing one,
two and three bedroom apartments, or 6 total of 1680 units. 40 1,
There is hereby substituted the following paragraph in•li u
of the existing paragraph 6: !
"6. Number of off street parking spaces to be provided for
such apartments are shown on the site development plan.'
A plot plan and a`_site development plan reflecting the
''foregoing amendments-will be filed with.the Area Plan CommissioA,at ;
a very c asly dste. f
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Area Plan Com. ission of St. Joseph Couhtys Indiana
July 300 1969
Page 3
We have revised the
i proposed ordinance and lodged tvenLyr
fiv* copies of-same with the City Clerk. as copy thereof is en- r�'+
closed herewith. ....'
r 1 t
t.• „.GRANT- HOLLhDAY CONSTRUCTION CORPORATION
VIRGIL A. PLACE* HELEN SCOTT PLACSO
ROBERT B. PLACEv BEVERLY PLACED-J• HENRY 'I
t,'rt AMTS JANET AXT9 CHESTER 'W. WAG60NZ1ty ANNA
D•:WAGGONSR� CORDELIA WAGGONER
\ . ,
BY
`: sepA 7►.. Roper, heir, o mey', and
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Enclosure ,' ` .r
CCs Are D. L. Wilton
Mr• Andrew 5... Place v,t ,I 1.� fn,�rl y r •�,1 , ! i •!,
. Mr•., James : Ji Kelly f}Fr {r "r ' ,{ % iti)
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PETITION TO AMEND ZONING ORDINANCE•
(FOR OFFICIAL USE ONLY) Application Not i
Date Filed with City Clerk or County Auditor
• I
Date Received by the Area Plan Commission
i
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 South Bend Common Council
to amend the Zoning Ordinance Of Cit of South Ben
as hereinafter requested, and in support of 11_
s app ca on,
the following facts are shown:
it The property sought to be rezoned is located at Portage
Avenue, bounded on the north by the Indiana Toll
Road, the west by Maple Road and the east by
Portage Avenue.
20 _ The property is owned by Virgil A. Place, Helen Scott
Place, Robert B. Place, Beverly Place, J. Henry
Amt, Janet Amt, Chester R. Waggoner, Anne Waggoner,
Cordelia Waggoner and Grant - Holladay Construction
+ Corporation.
3. A legal description of the property is as follows:
A tract of land in the North 1/2 of Section 27, Township 38 North, Range
2 East, St. Joseph County, Indiana, described 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 re-
corded 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
20.00 feet East of the West line of said Section 27 and 580 feet South of the -
Northwest corner of said Section 27; thence Westerly 20.00 feet to the West
line of said Section 29 (being also on the centerline of Maple Road); thence
South 000 01' 30" West 1417.16 feet along the West line of said Section 27
(being also the centerline of staple Road); thence South 890 59' 06" East,
2954.21 feet to a point on the centerline of Portage Road; thence North 230
19' 50" West, 1301.15 feet along the centerline of Portage Road; thence South
660 40' 10" West, 30.00 feet; thence Northwesterly 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 at a point 65.00 feet
Westerly, measured at right angles to the centerline of said Portage Road;
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
point of beginning. Containing + 99.98 acres subjt to legal highways and
(CONTINUE ON THE REVERSE SIDE IF NEcE. ARY3 ec easements.
4. It is desired and requested that the following described
portion of the property referred to in the preceding paragraph
.3 be rezoned from "A" Residence District to "B" Residence Dis
tract:
I
A tract of land in the North k of Section 27, Township 38
North, Range 2 East, St. Joseph County, Indiana, described
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 South-
westerly 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 Westerly 20
feet to the West line of said Section 27 (being also on the
Centerline of Maple Road); thence South 000 01' 30" West
1417.16 feet along the West line of said Section 27 (being
also the Centerline of Maple Road); thence South 890 59' 06"
East, 2954.21 feet to a point on the Centerline of Portage
Road; thence North 230 19' 50" West, 1097.67 feet along the
Centerline of Portage Road; thence South 660 40' 10" West
80 feet; thence North 890 59' 06" West, 510 feet; thence
North 000 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 ± 93.72 acres, subject to
legal highways and easements.
.It is desired and requested that the following described
portion of the property referred to in the preceding paragraph
3 be rezoned from "A" Residence District to "C -1" Commercial
District:
A tract of land in the North 1/2 of Section 27, Township 38
North, Range 2 East, St. Joseph County, Indiana, described
as follows: Beginning at the intersection of a line drawn
parallel to and distant 150 feet Southerly of, measured bn
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 and a line drawn parallel to and.65 feet Westerly,'
measured at right angles to the Centerline of Portage Road;
thence Southeasterly to a point which is 30 feet from the
Centerline of Portage Road; thence North 660 40' 10" East,
30 feet to the Centerline of Portage Road at a point which
is 628 feet Southeasterly measured along said Centerline of
Portage Road from its intersection with the Toll Road Center-
line; thence South 230 19' 50" East, 203.48 feet along the
Centerline of Portage Road; thence South 660 40' 10" West,
80 feet; thence N. 890 58' 24" West, 510 feet; thence North
000 O1' 36" East, to the intersection with a line drawn
parallel to and distant 150 feet Southerly of, measuredon 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 Easterly along said Toll Road line to the
Place of beginning, containing + 6.26 acres, subject to legal
highways and easements.
be rezoned: _' .._.
3 Use-and and Area District
'From
'j
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)
On property sought to be rezoned "B" Residence, there will be
constructed sixteen separate structures containing one, two
and three bedroom apartments, or a total of 1680 units; on the
# property sought to be rezoned "C -1" Commercial, there will be
;i constructed various "C -1" Commercial buildings to contain per -
'1 `missible businesses to serve the occupants of such apartments
and other occupants of the surrounding :area.
Number of off streetrparking spaces to be provided•
For the apartments, see data on annexed Site Development Plan,
and offstreet parking spaces for the commercial area will be
provided aa••required by law. (W,ill''be'280 such `spaces.)'
7. Attached is-a copy o.f::.a.) an existing plot plan showing
the property and other surrounding properties; b.) names and..
' addresses of all the individuals•, firms;;.or'.coroorstions owning
ii property within 300 feet of the property sought to be rezoned;.
C.). site development :plan. •.r.
GRANT- HOLLADAY ONSTRUCTION CORPORATIOr
By
1 ,Y
J.
Hen mt ETgA2-t� =xioAN:R sEk� x
36:36 Newport Avenue
Fort Wayne Indiana 46805
III y Address
Jars t Amt
2Q0.9. Old Orchard Lane
Elkhart, Indiana Virgil A. lace
Chester W. WaggoneY: Helen Scott Place
/ 60778,Garway Common
i~ vC SoutkLBend, Indiana 46614
Anna D. Wagg n > ""
505.West No th Shore Drive
South Bendy Indiana'46617 ' Robert B': Place
Cordelia Waggoner, Beverly ace
1232 Woodward Avenue 11344 East Jefferson Road
South Bend, Indiana ;.46616•, Osceola., Indiana ..46561
FILED 1111 CLERK'S OFFICE
JUL 2 2 M 9
Joseph A. Roper, Attorney, 316 First Bank Building, South Bend, Ind.
a et on prepared by KATHRYN' pl4,'GH
Crr aG %ND.
fduittntii#ei' ��pm#
f
XU Ot To mm Mounrtl of 9w U9 of *m* Jknk-
Your Committee of the Whole
to whom was referred
November 24, 1969
AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING
ORDINANCE NO. 3702 (Portage — Maple Road — Indiana
Toll Road)
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable, 0
Chaff n
/4-
AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IND.
October 22, 1969
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
1. K. WILSON, EXECUTIVE DIRECTOR
X7XXXXXX0LXX x;OUTH BEND, INDIANA 46601
214 W. Wayne St. (219) 233 -2955
The attached rezoning petition of Virgil A. Place, etal,
was legally advertised under date of August 9 and 16
and given public hearing on August 19, 1969 at which time
the Commission tabled the petition for receipt of further
information. On September 16, 1969 it was determined that
the petition would have to be readvertised. The final
legal advertisement was run on October 11 and 18 and an
additional hearing was held on October 21, 1969. The
following action was taken:
After detailed consideration of the photo-
graphs and architectural elevations submitted,
it was moved, seconded, and carried that the
ordinance and site development plan be
recommended favorably to the Common Council.
Attached hereto and made a part of this report are the
minutes of the meetings held on this petition.
Very truly yours,
John K. Wilson,
Executive Director
JKW /cas
Attach.
FILED IN CLERK'S OFFICE
OCT 231969
KATHRYN L. BLOUGH
CITY CLERK, SOUTH BEND, IND.