HomeMy WebLinkAboutZoning - 21 Acre Tract at Northwest corner of McKinley Highway & Hickory RdORDINANCE No. 4827 -65
Passed by the Common Council of the City of South Bend,
1966
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
Clerk
of Common Council
S -4G
Clerk
I DEAL 00JEW PRESS
Ordinance Affecting 21 Acre Tract at Northwest corne FILED IN CLERK'S OFFICE.
of McKinley Highway and Hickory Road
ORDINANCE NO.
An Ordinance Amending and Supplementing
Zoning Ordinance No. 3702 of the
City of South Bend, Indiana
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CITY CLARK, �RJI"
Be it enacted by the Common Council of the City of South
Bend, Indiana that:
Section 1 - Zoning Ordinance No. 3702 of the City of South
Bend, Indiana be, and the same is hereby amended, supplemented, and
changed in Sections 2 and Section 9B thereof to provide that the
following described real estate located in the City of South Bend,
Indiana, to -wit:
Beginning at the point where the East line of McKinley
Terrace Addition intersects the South line of the
Southeast Quarter of Section 5, Township 37 North,
Range 3 East; thence North along the said East line
of said McKinley Terrace Addition a distance of 1452.02
feet to the South line of McKinley Terrace Addition,
Section "A "; thence Easterly along said South line of
McKinley Terrace Addition, Section "A" a distance of
1213.94 feet to the East line of the Southeast Quarter
of Section 5, Township 37 North, Range 3 East; thence
South along said East line of the Southeast Quarter of
Section 5, a distance of 120 feet; thence Westerly
parallel to the South line of McKinley Terrace Addition,
Section "A ", a distance of 1113.94 feet; thence South
parallel with the East line of McKinley Terrace Addition
a distance of 1332.02 feet to the South line of the
Southeast Quarter of Section 5; thence West to the place
of beginning.
be and the same hereby is changed in its Use District Regulation
classification from "A" Residence District to "B" Residence District
and in its height and area district classification from "A" Height
and Area District to "E" Height and Area District.
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Section 2 - Zoning Ordinance No. 3702 of the City of South-
Bend, Indiana be and the same is hereby amended, supplemented, and
changed in Sections 2 and Section 9B thereof to provide that the
following described real estate located in the City of South Bend,
Indiana, to -wit:
Beginning at a point on the South line of the Southeast
Quarter of Section 5, Township 37 North, Range 3 East,
located 100 feet East of the interesection of said South
line and the East line of McKinley Terrace Addition;
thence North parallel with said East line of McKinley
Terrace Addition a distance of 1332.02 feet; thence East
parallel with the South lire of McKinley Terrace Addi-
tion, Section "A" a distance of approximately 1113.94
feet to the East line of the Southeast Quarter of said
Section 5; thence South along the East line of said
Southeast Quarter of Section 5 a distance of 606.33
feet; thence Westerly on a bearing North 890 30' West
a distance of 913.25 feet to an iron pipe; thence North
on a bearing North 002'32" East a distance of 435.51
feet to an iron pipe; thence West on a bearing North
89030'54" West a distance of 150.23 feet to an iron
pipe; thence South on a line parallel with the East
line of McKinley Terrace Addition a distance of 1161.60
feet to the South line of said Southeast Quarter of
Section 5; thence West along said South line of the
Southeast Quarter of Section 5 to the place of beginning.
be and the same hereby is changed in its Use District Regulations
classification from "A" Residence District to "C" Commercial District;
and in its Height and Area District classification from "A" Height
and Area District to "E" Height and Area District.
Section 3 - This Ordinance to be in full force and effect
from and after its enactment, the approval of the Mayor, and its
publication according to law.
Ist & 2nd READING
' — /° c f—
COMPkITTEE OF THE WMLI
PUBLIC HEARING
Date: 3rd READING
NOT APPRSYED
REFERRED
PASSED i
S� PETITION TO AMEND ZONING ORDINANCE NO. 3702 UNDER
"N THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND.
TO: THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Jake Weingarten and Rose Weingarten, husband and wife;
Philip R. Pelissier and Rachel D. Pelissier, husband and wife;
and Arnold Joers and Carolyn Joers, husband and wife, respectfully
petition the Common Council of the City of South Bend for an
amendment and change of Section 2 of Zoning Ordinance No. 3702,
also known and identified as Section 40 -14 of the Municipal Code
of South Bend, Indiana, to alter and change the use district
regulations applicable to the following described property located
near the Northwest corner of the intersection of Hickory Road and
McKinley Highway in the City of South Bend, Indiana, more
particularly described as:
Beginning at the point where the East line of
McKinley Terrace Addition intersects the South
line of the Southeast Quarter of Section 5,
Township 37 North, Range 3 East; thence North
along the said East line of said McKinley Terrace
Addition a distance of 1452.02 feet to the South
line of McKinley Terrace Addition, Section "A";
thence Easterly along said South line of McKinley
Terrace Addition, Section "A" a distance of
1213.94 feet to the East line of the Southeast
Quarter of Section 5, Township 37 North, Range 3
East; thence South along said East line of the
Southeast Quarter of Section 5, a distance of
120 feet; thence Westerly parallel to the South
line of McKinley Terrace Addition, Section "A ",
a distance of 1113.94 feet; thence South parallel
with the East line of McKinley Terrace Addition
a distance of 1332.02 feet to the South line of
the Southeast Quarter of Section 5; thence West
to the place of beginning,
from its present zoning classification of A - Residence to
B - Residence;
And further respectfully petition the Common Council
for a further amendment and change of said Section 2 of Zoning
Ordinance No. 3702 to alter and change the use district regulations
applicable to the following described property, also located near
the Northwest corner of the intersection of Hickory Road and
McKinley Highway in the City of South Bend, which real estate is
more particularly described as:
Beginning at a point on the South line of the South-
east Quarter of Section 5, Township 37 North, Range
3 East, located 100 feet East of the intersection
of said South line and the East line of McKinley
Terrace Addition; thence North parallel with said
East line of McKinley Terrace Addition a distance
of 1332.02 feet; thence East parallel with the
South line of McKinley Terrace Addition, Section
"A" a distance of approximately 1113.94 feet to
residential use in accordance with the recommendations of
qualified zoning consultants is made with the knowledge and
approval of the above identified contract buyer.
WHEREFORE, in view of the unsuitability of the above
described real estate for single family residence use, and
the desirability of establishing uses for the above
described real estate compatible with the existing residential use
already established to the North and the West of the tract and the
commercial uses already established to the South and the East
of the tract, your petitioners respectfully ask the Common
Council that after referral and hearing, the Zoning Ordinances
and Municipal Code of South Bend may be altered and amended
to rezone the subject real estate as petitioned; a buffer
zone portion thereof to B Residential, and the remaining
portion thereof to C - Commercial.
Your petitioners further respectfully pray that
in the amendment of the Zoning Ordinance the above described
real estate may be zoned to permit "E" Heighth and Area
regulations.
FEW 01,74
l� 41111101
Jake WeingartoL
Philip R. Pelissier
Carolyn R. Joers
Personally appeared before me: Jake Weingarten, Rose
Weingarten, Philip R. Pelissier, Rachel Pelissier, Arnold Joers and
Carolyn R. Joers, who signed and executed the above instrument in my
presence, in witness hereof, I have hereunto set my hand and seal this
29th day of September, 1965. 7/ , �
My Commission Expires: PFi/ L
February 24, 1966 -- �epr T. Hel ing, Nota Public
3 -jam �? :; .y,
January 24, 1966
Totatu Ur Report
XV the (Qomum Tounril of the Tily of OOUO arnd:
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Your Committee of the Whole
to whom was referred "AN ORDINANCE AMENDING AND SUPPLEMENTING ZONING ORDINANCE
NO, 3702 OF THE CITY OF SOUTH BEND, INDIANA (Location: 21 Acre Tract
at Northwest corner of McKinley Highway and Hickory Road)
Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the
Council as favorable,
Chairman
AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IND.
January 4, 1966
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
129 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46601
The attached rezoning petition of Jake Weingarten, et al,
was legally advertised under date of November 6, 1965 and
given public hearing on November 16, 1965. The following
action was taken:
After due consideration it was moved by Mr.
Taylor, seconded by Mr. Fitterling and carried
that the petition be recommended favorably to
the Common Council.
The deliberations of the Area Plan Commission and points
ernsidered in arriving at the above decision are shown in
the excerpts of the minutes attached hereto and made a
part of this report. Also attached hereto are maps showing
existing and proposed land uses for the property in question
and the immediately surrounding area. These three maps
visually show the prime factors considered by the Commission
in arriving at the above decision.
Very truly yours,
John K. Wilson,
Executive Director
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Attach. 4