HomeMy WebLinkAboutZoning - American Shooping CentersORDINANCE No. 4127
Passed by the Common Council of the City of South Bend,
November 8. 1956
Presented by me to the Mayor of the City of South Bend,
November 9, 1956
Clerk
Of Common Council
Approved and signed by me November 9 1956 193—
Clerk
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 3702 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 I. That the property situate in the City of South Bend, Indiana,
and described as follows, to -wit:
A part of the West One -half (1/2) of the Northeast
Quarter (1/4) of Section Eight (8), Township Thirty -
seven (37) North, Range Three (3) east, now within
and a part of the City of South Bend, described as
follows:
Beginning at the center of said Section Eight (8),
Township Thirty - seven (37) North, Range Three (3)
East; thence North along the North and South center
line of said Section Eight (8) a distance of One Thousand
One Hundred Forty -one and twenty -five hundredths
(1, 141.25) feet; thence East One Thousand Three
Hundred Thirty -five (1, 335) feet, more or less, to
the East line of the West One -half (1/2) of the North-
east Quarter (1/4) of said Section Eight (8), thence
South One Thousand One Hundred Forty -one and
twenty -five hundredths (1, 141.25) feet to the East
and West center line of said Section Eight (8), thence
West One Thousand Three Hundred Thirty -six and
eight tenths (1, 336. 8) feet to the place of beginning,
containing Thirty -five (35) acres, more or less.
Also, a tract of land in the City of South Bend, In-
diana, described as follows: Beginning at a point
Eleven Hundred forty -two and twenty -five hundredths
(1142. 25) feet North of the center of Section Eight (8), u�O Q3
Township Thirty -seven (37) North, Range Three (3) C) k
East; thence North along the North and South center = m
line of said Section Eight (8) a distance of Seventy- ( V
five (75) feet; thence East parallel with the East and
West center line of said Section Eight (8) a distance �� V
of Six Hundred Seven and Five Tenths (602. 5) feet; 41
thence South parallel with the North and South center 4�
line of said section a distance of Seventy -five (75)
feet; thence West to place of beginning.
FREDA G NOBLE
CITY CLERK
Also a tract of land in the City of South Bend, In-
diana, described as follows: Beginning at a point
Eleven Hundred forty -one and twenty -five hun-
dredths (1141.25) feet North of the East and West
center line and six Hundred Seven and fifty .hun-
dredths (607.50 ) feet East of the North and South
center line of Section Eight (8), Township T.hirty'-
seven (37) North, Range Three (3) East; thence
North parallel with the North and South center line
a distance of Seventy -five (75) feet; thence Eatt
parallel with the East and West Center line of
said Section Eight (8) a distance of Seven Hundred
Twenty -seven and seven tenths (727.7 feet to the
center line of Thirty -third Street; thence South
along the center line of Thirty -third Street Seventy -
five (75) feet; thence West Seven Hundred Twenty-
seven and seven tenths (727. 7) feet to the place of
beginning.
Subject to the right of way to 33rd Street,
be rezoned from "A" R esidence District and "A" Height and Area District
to "C -2" Planned Shopping Center District.
SECTION II. This ordinance shall be in full force and effect from and after
its enactment, approval by the Mayor, and legal publication.
Member of the Vmmon Council of
the City of South Bend, Indiana
4 T
.... ............ ...............................
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FREDA G; NOBLE
CITY CLERK;
rut 2w READING � �/IA l' S'�
fiiOWMEE OF THE WHOM i I
PDBLIO NEARING I I
Ord READING 11'
MIT AFF"VER FREDA G NOBLE
CITY CLERK
iD i I I �' 15v
ROY A. WDRDEN
PRESIDENT
J. FRANK MILES
VICE - PRESIDENT
DONALD L. ADAIR
RAYMONO S. ANORYSIAK
F. R. HENREKIN
BERT MCCLELLAN
CHESTER MUSZYNSKI
GALEN S. SARGENT
CHARLES A. VAN DEVEIRE
FLOYD WERNTZ, OR.
ROBERT L. HUFF
DIRECTOR OF PLANNING
CITY OF SOUTH BEND
SOUTH BEND. INDIANA
CITY PLANNING COMMISSION
12
October 22, 1956
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
The attached petition of American Shopping Centers, Inc.,
to zone from IIAI1 Residential District and "A11 Height and
Area District to "C -211 Planned Shopping Center District
approximately 37 acres, was legally advertised under date
of October 9, 1956, and given public hearing at a special
meeting of the Planning Commission on October 19, 1956.
After full deliberation and on motion duly made, seconded,
and unanimously carried, the following findings were
adopted:
1. That the property values in the surrounding residential
districts will be protected and preserved;
2. That the intent of the Common Council as set forth in
Section 4-B, 1 (c) of Ordinance No. 3702, as amended,
will be effectuated by zoning the subject property to
nC -211 District;
3. That there does not now exist in subject property any
use winch would be non - conforming under the terms of
Section 4 -B;
4. That subject property contains more than 3 acres;
5. That the subject property has an average width in excess
of 200 feet and all boundary lines are in excess of
100 feet in length;
6. That the subject property does not lie on two sides of
a public street or alley;
7. That the proponents of the proposed shopping center
have submitted an economic analysis prepared by Real
Estate Research Corporation, 73 West Monroe Street,
Chicago 3, Illinois, and that said analysts are reputable.
Although the analysis was originally prepared in September,
1954 and supplemented by a letter under date of March 29,
1955, there has been no change in conditions which would
3-
Honorable Common Council October 22, 1956
American Shopping Center Petition
17. That "strip" and "spot zoning ", with their social and
economic waste and lessening of the amenities of
residential neighborhoods, vd11 be discouraged within
the primary trade area of the proposed shopping center;
18. That, because of required and proposed front, side,
and rear yard setbacks and planting screen barriers on
subject property, there will be no unsightly view which
would adversely affect the properties in the residential
area;
19. That City sewers adjacent to the site are adequate in
present and future capacity to accommodate the proposed
center. Adequate City water is likewise available;
20. That the subject petition complies with the intent of and
meets the applicable conditions of Section 4 -B, Sub - section
"C -211, of Ordinance No. 3702, as amended, and as required
before a zoning change is granted:
It.was therefore moved, seconded, and unanimously carried that
the petition be recommended favorably to the Common Council.
Very truly yours,
CITY PLANNING COMMISSION
Robert L. Huff
Director - Secreta
RLH:aed
Attachment: Petition