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HomeMy WebLinkAboutZoning - Industrial FoundationORDINANCE NO. 4315 - - -60 Passed by the Common Council of the City of South Bend, MAY 9, IgoO Presented by me to the Mayor of the City of South Bend, MAY 10, Approved and signed by me MAY 10, -QM*7 Clerk of Common Council Clerk ORDINANCE NO. j�3�� -GCS BEING AN ORDINANCE AMENDING ORDINANCE NO. 3702, AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Ordinance No. 3702, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: The South one -half (2) of the South one -half (2) of the Northeast quarter (,—,) of Section No. 33, Township No. 38 North, Range No. 2 East; together with a parcel of realty commencing on the East line of Section No. 33 in Township 38 North, Range 2 East at a point 660 ft. North of the Southeast corner of the Northeast quarter of said Section No. 33; thence West a dis- tance of 1320.60 feet to the Southwest corner of the North one -half of the South- east quarter of the Northeast quarter of said Section No. 33; thence North 261.56 feet; thence East 1320.67 feet to a point on the East line of said Section No. 33 which is 275.68 feet North of the place of beginning; thence South 275.68 feet to the place of beginning, consisting of approxi- mately 48 acres more or less. be and the same hereby is zoned as an "E" Heavy Industrial Use District and an "A" Height and Area District. 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. #V& 2nd READIR9 E OF THE WHOLE BLIO HEARING " REAUM76 i� T AWf'FDVED v .� /IJ'b 0 _ . xcez� Me ber of Counc ilk n 0_j F p z T1 CITY OF SOUTH BEND SOUTH BEND, INDIANA CITY PLANNING COMMISSION wiz J. FRANK MILES PRESIDENT GALEN B. SARGENT VICE-PRESIDENT RAYMOND S. ANDRYSIAK F. R. H.NnEICIN RICHARD KROMKOWSKI BERT MCCLELLAN CHESTER MYSZYNSKI RICHARD VAN PARIS WILLIAM WEBSTER FORREST R. WEST ROBERT L. HUFF DIRECTOR OF PLANNING The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: May 9, 1960 The attached petition of the Industrial Foundation, Inc., et al, to zone to "E" Heavy Industrial Use District and an "A" Height and Area District the following recently annexed property: The South one -half of the South one - half of the NEW of Sec. No. 33, T38N, R2E; together with a parcel of realty commencing on the East line of Sec. No. 33 in T38N, R2E, at a point 660 feet North of the Southeast corner of the NEW of said Sec. No. 33; thence West a distance of 1320.60 feet to the Southwest corner of the North one -half of the Southeast quarter of the NEW of said Sec. No. 33; thence North 261.56 feet; thence East 1320.67 feet to a point on the East line of said Sec. No. 33 which is 275.68 feet North of the place of beginning; thence South 275.68 feet to the place of be- ginning, consisting of approximately 48 acres, more or less, ge>3erally described as being West of Maple Road, East of Sheridan Avenue, and North of the present city limits was legally advertised on April 25, 1960 and given public hearing under date of May 5, 1960. The following action was taken: After due consideration it was moved, seconded, and unanimously carried that the petition be recommended favorably to the Common Council. Very truly yours, Y 7L�ING COMMMISSION Huff, Director - Secretary ' RLH/mah Attach. OFFICE ®f the CITY CLERK Date ...... —APIU-27x_ ---------- 9 ............ --' 19.... To------- '2n ------------ -------- ----- - ------ -------------------------------------------------------------- Atthe ..... --------- -------------------------------------------------------------------------------------- meeting of the Council the following matter was referred to you for appropriate disposal or for specific action as indicated: Petition to rezone land recently annexed to the City of South Bend, said land being adjacenttz) the Airport Documents attached: City Clerk Petition .............................................. FREDA/P. NOBLE Deputy -------- ------ PETITION FOR AMENDMENT OF THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, WHICH SAID ORDINANCE IS MORE PARTICULARLY KNOWN AS ORDINANCE NUMBERED 3702, AS AMENDED TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND THE CITY PLAN COMMISSION OF THE CITY OF SOUTH BEND, INDIANA Comes now Industrial Foundation, Inc. of South Bend, Indiana; Nicholas F. Krill; William L. Krill; Dorothy V. Krill; First Bank and Trust Company of South Bend, Trustee of the Trust created by Joyce Krill Goff; William L. Krill, Executor of the last will and testament of Dorothy K. Barthel; Alice F. Barton; Robert C. Barton; Ethel M. Fassnacht; Homer Fassnacht; Emma Mae Jackson; Charles A. Jackson; and George W. Jackson, hereinafter referred to as "Petitioners ", and respectfully petition the Honor- able Common Council of the City of South Bend, Indiana, and the Honorable City Plan Commission of the City of South Bend, Indiana, as follows: 1. That Industrial Foundation, Inc. of South Bend, Indiana, is a nonprofit corporation and holds written options to purchase the realty hereinafter described, which said realty is located in the City of South Bend, St. Joseph County, State of Indiana, to wit: AM The South one -half (2) of the South one -half (z) of the Northeast quarter (;—,) of Section No. 33, Township No. 38 North, Range No. 2 East; together with a parcel of realty commencing on the East line of Section No. 33 in Township 38 North, Range 2 East at a point 660 ft. North of the Southeast corner of the Northeast quarter of said Section No. 33; thence West a distance of 1320.60 feet to the Southwest corner of the North one -half of the Southeast quarter of the Northeast quarter of said Section No. 33; thence North 261.56 feet; thence East 1320.67 feet to a point on the East line of said Section No. 33 which is 275.68 feet North of the place of beginning; thence South 275.68 feet to the place of beginning, consisting of approximately 48 acres more or less. 2. That Petitioners are interested in enhancing the development and benefits available to the residents of the City of 71 �F­ ­11 South Bend, Indiana, in order that the public health, safety, convenience and general welfare may be promoted; that the real estate bordering the aforementioned real estate on both the East and South sides is already zoned as a Heavy Industrial Use Districts and an appropriate Height and Area District with respect thereto under the provisions of the applicable zoning ordinance; that the real estate bordering the aforementioned realty on the North and West sides is owned and controlled by the Board of Aviation Com- missioners of St. Joseph County, Indiana, and is used as a part of the St. Joseph County Airport; that Petitioners have advised such adjacent property owners of this rezoning proceedings and understand that such adjacent property owners have no objection thereto. 3. That the real estate described in paragraph number 1 above has recently been annexed to and now constitutes a part of the City of South Bend, Indiana; that said real estate has never been zoned under the applicable zoning ordinance of the City of South Bend, Indiana; that Petitioners request that said real estate be zoned as an "E" Heavy Industrial Use District and an "A" Height and Area District under such zoning ordinance in order to be consistent with the present zoning of the real estate ad- jacent thereto on both the South and Fast sides. WHEREFORE, said Industrial Foundation, Inc. of South Bend, Indiana; Nicholas F. Krill; William L. Krill; Dorothy V. Krill; First Bank and Trust Company of South Bend, Trustee of the Trust created by Joyce Krill Goff; William L. Krill, Executor of the last will and testament of Dorothy K. Barthel; Alice F. Barton; Robert C. Barton; Ethel M. Fassnacht; Homer Fassnacht; Emma Mae Jackson; Charles A. Jackson and George W. Jackson, as Petitioners aforementioned, do hereby respectfully pray that the Zoning Ordinance of the City of South Bend, Indiana, being Ordinance No. 3702, as amended, be supplemented and amended in order that the real estate described in paragraph number 1 of this petition -2- may be zoned as an "E" Heavy Industrial Use District and an "A" Height and Area District under such Zoning Ordinance. Respectfully submitted this 14th day of April, 1960. INDUSTRIAL FOUNDATION, INC. OF SOUTH BEND, INDIANA, an Indiana Nonprofit Corporation Nicholas F. Krill William L. Krill Dorothy V. Krill First Bank and Trust Company of South Bend, Trustee of the Trust created by Joyce Krill Goff William L. Krill, Executor of the lass will and testament of Dorothy K. By Warren E. MCGIII, Attorney and Agent Alice F. Barton Robert C. Barton Ethel M. Fassnacht Homer Fassnacht Emma Mae Jackson Charles A. Jackson George W. Jackson STATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, a Notary Public in and for said county and state, personally appeared Warren E. McGill, the attorney in fact and agent duly appointed by Industrial Foundation, Inc. of South Bend, Indiana; Nicholas F. Krill; William L. Krill; Dorothy V. Krill; First Bank and Trust Company of South Bend, Trustee of the Trust created by Joyce Krill Goff; and William L. Krill, Executor of the last will and testament of Dorothy K. Barthel, and on behalf of such corporations and persons, duly acknowledged the execution of the above and foregoing Petition for Amendment of Zoning Ordinance for the uses and purposes therein set forth. IN WITNESS WHEREOF, I do hereby set my hand and notarial -3- seal this Ifla day of April, 1960. Notary Public My commission expires: 1243 STATE OF INDIANA SS: ST. JOSEPH COUNTY Before me, a Notary Public in and for said county and state, personally appeared William 0. Jackson, the attorney in fact and agent duly appointed by Alice F. Barton, Robert C. Barton, Ethel M. Fassnacht, Homer Fassnacht, Emma Mae Jackson, Charles A. Jackson and George W. Jackson, and on behalf of such persons, duly acknowledged the execution of the above and foregoing Petition for Amendment of Zoning Ordinance for the uses and purposes therein set forth. IN WITNESS WHEREOF, I do hereby set my hand and notarial seal this - Iq & day of April, 1960. My commission expires: BPS -q a, i9/ ;?