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HomeMy WebLinkAboutZoning - Lincolway West, West of Sheridan & North of ElwoodORDINANCE No Passed by the Common Council of the City of South Bend, 4253 - - -58 DECEMBER 22, Ilgg -53_ rn Presented by me to the Mayor of the City of South Bend, Approved and signed by DECEMBER 23, DECEMBER 23 Clerk Of Common Council Clerk 4007 0 f' -, Q AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS 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 that Ordinance No. 3702, as amended, which ordinance is commonly called the Zoning Ordinance of the City of South Bend, be amended as follows: Section 1. That Ordinance No. 3702 be amended so that the following described land be zoned "C -1" Commercial and "D" Height and Area, said area now being zoned "B" Residential and "A" Height and Area: A tract of land located in part of Section Four (4), Township Thirty -seven (37) North, Range Two (2) East and part of Section Thirty -three (33), Township Thirty -eight (38) North, Range Two (2) East, more particularly described as follows: Beginning at a point on the Southerly line of Lincoln Way West and Thirty -five (35) feet West of the North -South centerline of said Section Thirty -three (33), thence South along a line parallel to and Thirty -five (35) feet West of the North -South centerline of said Section Thirty -three (33) a distance of Two Hundred Forty - six and Seven Hundredths (246.07) feet, thence West along a line with a deflection angle to the right of Ninety degrees (900) a distance of Thirty -six and Sixty -one Hundredths (36.61) feet, thence continuing Westerly along a curve to the right an arc distance of Eighty -six and Ninety -nine Hundredths (86.99) feet, said curve having a central angle of Twenty -two degrees and Twenty - four minutes (220 -24') and a radius of Two Hundred Twenty -two and Fifty -two Hundredths (222.52) feet, thence continuing Northwesterly along a line tangent to the end of the curve just described a distance of Three Hundred Forty -six and Five Tenths (346.5) feet, thence continuing Northwesterly along a curve to the left an arc distance of One Hundred Ten and Forty -five Hundredths (110.45) feet said curve having a central angle of Twenty -two degrees and Twenty -four minutes (220-241) and a radius of Two Hundred Eighty -two and Fifty -two Hundredths (282.52) feet, thence continuing Westerly along a line tangent to the end of the curve last described a distance of Seventeen (17) feet, thence Northerly along a line with a deflection angle to the right of Ninety degrees (900) a distance of three hundred four and thirty hundredths (304.30) feet to the Southerly line of Lincoln Way West, thence Southeasterly along the Southerly line of Lincoln Way West a distance of Six Hundred Ten and Seventy -six Hundredths (610.76) feet to the point of beginning, said tract of land containing Three and Fifty -five Hundredths (3.55) acres more or less, all in the City of South Bend, County of St. Joseph and State of Indiana. Section 2. This Ordinance shall be in full force and from and after its passage by the Common Council, its approval by the Mayor of the City of South Bend, and the fulfilment of all statutory requirements relating thereto. t, .Er�h; ^, 111A G COPei °,iriEE OF THE WHOLE / % `y G PU5JC HEARING 3rd READING % o NOT kPOVED REFS ,iEO I �J IPASScp ! A I a a l S b a !st Report of toe (tlommitter of the 114010 ilia the Tonwwn (90umit of 144 TUT of 00W4 ilenA: Your Committee aw of the Whole, to whom was referred AN ORDINANCE TO AMEND ORDINANCE NO. 3702, AS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA (Lincolnway West West of Sheridan & North of Elwood) Respectfully report that they have examined the matter and that in t e'r opinion IT SHOULD BE REPORTED 3 Chairman CITY OF SOUTH BEND SOUTH BEND, INDIANA CITY PLANNING COMMISSION J. FRANK MILES PRESIDENT DONALD L. ADAIR VICE - PRESIDENT RAYMOND S. ANDRYSIAK DONALD F. ERHARDT F. R. HENREKIN BERT MCCLELLAN CHESTER MUEZYNSKI GALEN B. SARGENT CHARLES A. VAN DEVEIRE FOREST R. WEST ROBERT L. HUFF DIRECTOR OF PLANNING The Honorable Common Council City of South Bend South Bend, Indiana Gentlemen: November 10, 1958 The attached petition of Hartman Builders, Inc. to rezone the property located on the south side of Lincoln way West, west of Sheridan Avenue and north of Elwood Avenue, containing approximately 3.5 acres, from "B" Residential Use District and "A" Height and Area District to "C -1" Commercial Use District and I'D" Height and Area District was legally advertised on 22 September 1958 and given public hearing on 2 October 1958. The following action was taken: After due consideration the Commission found that with the exception of the construction of the Beacon Bowling Alley at the city limits there had been no subsequent change of conditions since the unfavorable recommendation of the original petition, said petition being essentially similar to subject petition. The Commission noted that were the subject area zoned commercially it would be unreasonable and arbitrary not to change the frontage opposite in whole or in part on the north side of Lincoln Viay ,'lest to commercial zoning were a petition so filed. The Commission noted that the petition constitutes undesirable strip zoning the granting of which would grant a special privilege to the petitioners at the economic and social expense of the general area. The Commission also noted the findings relative to the previous petition of 6 June 1957 which are as follows: 1. Because property is on a fairly heavily traveled street is not sufficient reason to invalidate residential zoning. -2- 2. There is no documentation in present trends or historic fact that Lincoln Way West throughout most of its length will eventually be commercial. 3. That in the immediate vicinity of subject property there exists to the east, approximately 2,Ll.00 front feet of commer- cially zoned property, of which approximately 660 front feet are vacant; and that immediately to the west of subject property there exists approximately 5,000 front feet of commercially or industrially zoned property, of which 3,820 front feet are vacant. Ll. That all the property across Lincoln Way West from subject property is zoned and used for single family residence and that all the property south of subject property is zoned multi - family residential and used for single or multi - family purposes. 5• That a public school and a parochial school is under construction in the area and that the best land use surrounding schools is residential. 6. The Commission therefore found that there is clearly no.need for an additional commercial zoning in the vicinity in as much as the land commercially zoned within the city since 192LF and still not used for commercial purposes is a clear indication of the lack of need for additional commercial zoning, and that the existing and future use of the land would best serve the general welfare if said land were used residentially. It was therefore duly moved, seconded and unanimously carried that the petition be recommended unfavorably to the Common Council, due to the above six findings, there being no substantial change in conditions since the filing of the original petition. Very truly yours, CITY.P NING COMMAISSION Ro rt L. Huff, Director- Secretary RLH/mah Attach.