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REGULAR MEETING NOVEMBER 13, 1972 <br />PETITIONS <br />PETITION TO REZONE PROPERTY - West Side of Miami Road, South of Ireland Road <br />We, the undersigned, do hereby respectfully make application and petition the City of South Bend, <br />Indiana to amend the Zoning Ordinance of the City of South Bend, Indiana as hereinafter requested, <br />and in support of this application the following facts are shown: <br />1. The property sought to be rezoned is located at: The West side of Miami Road, beginning <br />740 -15 feet South of Ireland Road, and running thence South 347.5 feet, more or less. <br />2. The property is owned by : Southold Downs, Inc.; James F. Peacock, Mary Anna Peacock, <br />Robert R. Allen and Dorothy A. Allen. <br />3. A legal description of the property is as follows: A tract of land in the Southeast Quarter <br />of Section 25, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly <br />described as follows: <br />Beginning at a point on the East line of said Southeast Quarter 730.15 feet South of the <br />Northeast corner of said Southeast Quarter; thence West 420.00 feet to a point; thence South <br />a distance of 347.5 feet, more or less, to a point on the North line of the Widner Addition; <br />thence East :420.00 feet to a point on the East line of said Section, said East line being <br />also the center of Miami Road; thence North along said East line 347.5 feet, more or less, <br />to the Point of Beginning; said tract containing + 3.43 acres, subject to Legal Highways. <br />4. It is desired and requested that the foregoing property be rezoned from "A" Residential Use <br />and "A" Height and Area District to "C -1" Commercial Use and "Al! Height and Area District. <br />5. It is proposed that the property will be put to the following use and the following building <br />will be constructed: A two -story building with full basement consisting of approximately <br />10,000 square feet per floor will be constructed for use as a branch banking facility and <br />general office building. <br />6. Number of off - street parking spaces to be provided: One Hundred Twelve (112) off street <br />parking spaces, as required by the Zoning Ordinance of the City of South Bend, as amended. <br />7. Attached is a copy of a) an existing plot plan showing my property and other surrounding <br />properties; b) names and addresses of all the individuals, firms or corporations owning <br />property within 300 feet of the property sought to be rezoned; c) site development plan. <br />SOUTHOLD DOWNS, INC.: JAMES F. PEACOCK, <br />MARY ANNA PEACOCK, ROBERT R. ALLEN AND <br />DOROTHY A. ALLEN <br />BY: THORNBURG, McGILL, DEAHL, HARMAN, <br />CAREY & MURRAY <br />/s/ Stephen A. Seall <br />Sixth Floor, First Bank Building <br />South Bend, Indiana 46601 <br />Attorneys for Petitioners <br />Petition Prepared By: <br />Stephen A. Seall <br />Councilman Nemeth said that this petition refers to the same matter contained in Item 11E on the <br />Agenda and that action would be delayed until that part of the agenda was reached. <br />REPORT OF THE COMMITTEE OF THE WHOLE <br />Councilman Taylor made a motion to waive the reading of the Report of the Committee of the Whole <br />report, seconded by Councilman Kopczynski.'The motion carried unanimously. <br />ORDINANCES, SECOND READING <br />ORDINANCE NO. 5451 -72 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE <br />NO. 4990 -68, CHAPTER 40 OF THE MUNICIPAL CODE OF <br />THE CITY OF SOUTH BEND, INDIANA, FORMERLY REFERRED <br />AS THE ZONING ORDINANCE NO. 3702 AS AMENDED. <br />(Riverside Dr., Rose St., Cushing St. and Roosevelt St.) <br />This ordinance had second reading. Councilman Parent made a motion that the ordinance pass, <br />seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen <br />Serge, Szymkowiak, Miller, Parent, Taylor, Kopczynski, Horvath, Newburn and Nemeth). <br />ORDINANCE NO. 5452 -72 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY <br />OF SOUTH BEND, INDIANA -1962, SECTION 40 AS AMENDED AND <br />GENERAL ORDINANCE NO. 4990 -68, AND THE ACCOMPANYING MAP <br />THERETO, GENERALLY KNOWN AS THE SOUTH BEND ZONING ORDINANCE <br />BY CHANGING THE CLASSIFICATION OF THE USE DISTRICT FOR A <br />CERTAIN PARCEL OF LAND. (18343 State Road 23) <br />This ordinance had second reading. Councilman Taylor made a motion for passage of the ordinance, <br />seconded by Councilman Horvath. The ordinance passed by a roll call vote of eight ayes (Council - <br />men'Zerge, Szymkowiak, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth), one nay <br />(Councilman Parent). <br />ORDINANCE NO. 5453 -72 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF <br />THE MUNICIPAL CODE OF SOUTH BEND, INDIANA. <br />(South of 3012 East Edison Road) <br />This ordinance had second reading. Councilman Serge made a motion for passage of the ordinance, <br />seconded by Councilman Taylor. The ordinance passed by a roll call vote of nine ayes (Councilmen <br />Serge,.Szymkowiak, Parent, Miller, Taylor, Kopczynski, Horvath, Newburn and Nemeth). <br />