08-14-72 Council Special Meeting Minutes

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REGULAR MEETING AUGUST 14, 1972 PETITION TO AMEND ZONING ORDINANCE I, the undersigned, do hereby respectfully make application and petition the Common Council of the City of South Bend to amend the Zoning Ordinance of the City of South Bend as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located on the North Side of Ireland Road between St. Joseph Street, if extended northerly across Ireland Road and Fellows Street. See Exhibit A attached hereto. 2. The property is owned by various parties, all of which have either optioned to sell to Petitioners or have agreed to include their property in this petition. 3. A legal description of the property is as follows: Lots Numbered One Hundred Sixty -five (165) to One Hundred Seventy (170), inclusive, as shown on the recorded plat of Myers and Funks Third Plat of Chippewa Heights Addition to the City of South Bend, Indiana. 4. It is desired and requested that the foregoing property be rezoned from "A" Residential Use and "A" Height and Area District to "C -2" Planned Shopping Center District Use and "CU Height and Area District. 5. It is proposed that the property will be put to the following use and the following buildings will be constructed: A Neighborhood Shopping Center of less than 100,000 square feet con- sisting of not more than 32,000 square feet of Gross Leasable Area of uses from Amongst those permitted by Sub - Section 4Aof Section 4B of the Zoning Ordinance of the City of South Bend. 6. Number of off - street parking spaces to be provided: 258 as shown on the petitioner's preliminary development plan, but the actual number of parking spaces will be determined by the actual uses and the off - street parking requirements of the said Zoning Ordinance. 7. Attached is a copy of a) an existing plot plan showing my property and other surrounding properties; b) names and addresses of all the individuals, firms or corporations owning property within 300 feet of the property sought to be rezoned; c) reeliminary site develop- ment plan. RALPH CHARLES TREMEL BY: Jack C. Dunfee, Jr., Attorney -at- Law, Thornburg, McGill, Deahl, Harman, Carey & Murray 645 First Bank Building South Bend, Indiana 46601 Petition Prepared by: Jack C. Dunfee Jr. Councilman Serge made a motion that the petition be referred to the Area Plan Commission for their recommendation. The motion was seconded by Councilman Kopczynski and was carried. REPORT FROM AREA PLAN COMMISSION m July 20, 1972 " The Honorable Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 In Re: Petition to rezone property at Ironwood and Fox Gentlemen: The request for rezoning was heard at the Area Plan Commission Public Hearing of July 18, 1972. At that meeting this request was recommended unfavorably to the Common Council of the City of South Bend for the following reasons: HB:ld 1. The property in question is too small for such development. The setback required from Ironwood would eliminate one parking space in the rear and when Ironwood is enlarged the new right- of-way would place the building 10 feet away. 2. The characteristic of the neighborhood is residential. To encroach upon this residential character with a non - residential use would be detrimental to the area. If there are any questions, please ask. Sincerely, /s/ Howard Howard Bellinger, Executive Director I Councilman Taylor made a motion that the ordinance referred to in the report be set for public hearing and third reading on September llth, 1972. Councilman Kopczynski seconded the motion and it carried. REPORT OF THE COMMITTEE OF THE WHOLE Councilman Nemeth entertained a motion to waive the reading of the Committee of the Whole report,, so moved by Councilman Parent, seconded by Councilman Taylor, and unanimously carried.