HomeMy WebLinkAboutZoning - Elwood Ave. between Drewrys & the RR TracksORDINANCE No. 3828
Passed by the Common Council of the City of South Bend,
JUNE 3TH igp?
Presented by me to the Mayor of the City of South Bend,
d0AE 08 �g f3
Clerk
of Common Council
Approved and signed by me . ATH 1993
0
'OM�-7
Clerk
ORDINANCE NO. 3928
AMENDMENT OF ZONING ORDINANCE
An Ordinance amending Ordinance No. 3702, adopted June 13, 1949, and
commonly known as the Zoning Ordinance of the City of South Bend.
1v'HEREAS, the real estate hereinafter described is presently zoned as
"B" Use District and "B" Height and Area District; and
WHEREAS, the City Plan Commission has recommended that the zoning
thereof be changed as hereinafter provided.
N01i) THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, that Ordinance No. 3702, which Ordinance is commonly known
as the Zoning Ordinance of the City of South Bend, be amended as follows:
Section 1
The following described real estate situated in the City of South
Bend be and the same is hereby rezoned as "C" Use District and !'D"
Height and Area District:
Commencing at a point on the South line of Elwood Avenue,
three hundred sixty -three and four tenths (363.4) feet West
of the intersection of that line with the Southwesterly line
of Portage Avenue; thence East to a point of intersection of
the South line of Elwood Avenue with a line parallel to and
distant Southwesterly one hundred fifty (150) feet from said
Southwesterly line of Portage Avenue; thence Southeasterly
parallel to said Southwesterly line of Portage Avenue to the
Northwesterly line of the right -of -way of the New York Central
Railroad Company; thence Southwesterly along said Northwesterly
line of said right- of -Vra to a point one thousand sixty -three
and seven tenths (1063.7 feet from the intersection of the
Southwesterly line of Portage Avenue and said Northwesterly
line of said right -of -way; thence North one thousand one hundred
eighty -four and seventeen hundredths (1184.17) feet to the place
of beginning.
Section 2
This Ordinance shall be in effect from and after its passage and
legal publication.
Member of the Common Council
Passed by the Common Council of the City of South Bend, Indiana, this
faf & 2nd RERQfyfth day of June , 1953.
- e_v"3
CDRTTEE OF THE WNU
VUSLIC HERgjW ATTEST: MAYO DUMONT
3rd R €ROIN8 � —00 Clerk
NOT R- pHOYED ATTEST: WALTER C. ERLER SR.
IEFMED President
IED
CITY OF SOUTH BEND
INDIANA
CITY PLAN COMMISSION
6jc ol�e /0
STATE OF INDIANA )
) SS.
CITY OF SOUTH BEND )
IN THE MATTER OF
THE REZONING OF PART OF
AN AREA BOUNDED BY ELWOOD AVENUE,
PORTAGE AVENUE, NEW YORK CENTRAL
RAILROAD COMPANY RIGHT -OF -WAY and )
LAND OF DREWRYS LIMITED U S A INC. )
BEFORE THE CITY PLAN COMMISSION
PETITION OF PORTAGE REALTY CORPORATION
PORTAGE REALTY CORPORATION alleges:
1. It is the owner in fee simple of a tract containing approximately
nine and one -half (9?) acres, which is bounded on the North by Elwood Avenue,
on the Northeast by Portage Avenue, on the Southeast by the New York Central
Railroad Company's right -of -way and on the 'Vest by land owned by Drewrys Limited
U S A Inc., excepting therefrom a small parcel of land approximately eighty (80)
feet in depth on the Southwesterly corner of the intersection of Portage Avenue
and Elwood Avenue.
2. That part of said area bounded by Elwood Avenue, Portage Avenue,
said right -of -way line and a line parallel to the Southwesterly line of Portage
Avenue and distant Southwesterly one hundred fifty (150) feet therefrom is
presently zoned as "C" Use District and "D" Height and Area District.
3. The remainder of the area referred to in paragraph 1 is presently
zoned "B" Use District and "B" Height and Area District, such particular part
being; that bounded by a line running as follows:
Commencing at a point on the South Line of Elwood Avenue, three
hundred sixty -three and four tenths (363 -L) feet Vest of the inter-
section of that line with the Southwesterly line of Portage Avenue;
thence East to a point of intersection of the South line of Elwood
Avenue with a line parallel to and distant Southwesterly one hundred
fifty (150) feet from said Southwesterly line of Portage Avenue; thence
Southeasterly parallel to said Southwesterly line of Portage Avenue to
the Northwesterly line of the right -of -way of the New York Central
Railroad Company; thence Southwesterly along said Northwesterly line
of said right -of -way to a point one thousand sixty -three and seven
tenths (1063.7) feet from the intersection of the Southwesterly line
of Portage Avenue and said Northwesterly line of said right -of -way;
thence North one thousand one hundred eighty -four and. seventeen
hundredths (1184.17) feet to the place of beginning.
4. The area described in paragraph 3 was, at the request of this
petitioner rezoned by the Common Council in 1949 to its present zoning status
from 'A Use District and "A' Height and Area District. This area had been
for many ,years vacant and wholly unproductive both to petitioner and the City
of South Bend. At the time of its rezoning in 1949, petitioner, working in
connection with the Federal Housing Administration, hoped to develop a rental
housing project in the area. However, after the expenditure of several
thousand dollars by petitioner for services of architects, engineers and other
people in the formulation of drawings and plans, petitioner was advised by the
Federal Housing Administration that the area was not a proper one for a housing
project. Thereafter, petitioner attempted to obtain other financing for such
project but met with no success.
5. The area is still vacant and still unproductive to petitioner and
the City of South Bend. Petitioner believes that in view of the past experience
that the interests of petitioner and of the public has been clearly .demonstrated
not to be that comprehended in the present zoning classification.
6. Petitioner believes that the area could be substantially developed
and become productive to the general public and to petitioner for commercial
uses and for this reason requests the rezoning of said area as "C" Use District
and "D" Height and Area District.
7. Petitioner has already employed a registered and competent
engineer to make preliminary study and a topographical survey for use in the
future laying out and planning of said area as a commercial center and a copy
of such proposed shopping center is attached hereto.
8. Petitioner is able and willing to establish a setback line
reasonably sufficient for the protection of the future development of Elwood
Avenue as an arterial highway if such should be the wish of this Plan Commission.
WHEREFORE, petitioner prays that the Plan Commission:
FIRST: Enter upon an appropriate investigation of the matters
presented hereby;
SECOND: Conduct such public hearing as it may deem necessary;
THIRD: Reach conclusions in conformity herewith; and
FOURTH: Petition the Common Council for the amendment of Ordinance
No. 3702 substantially in conformity with suggested form of Ordinance attached
hereto and filed herewith.
PORTAGE REALTY CORPORATION
By AJ-Q —1
Its Attorneys