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STAFF REPORT A.P.C. INITIATED - SOUTH BEND ANNEXATION AREA State Road #23 and Edison Road, South Bend June 6, 1980 REQUESTED ACTION: The purpose of this petition is to rezone land recently annexed by the City of South Bend from "A" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area and "A" Residential, "A" Height and Area. EXISTING LAND USE: This area contains various commercial operations along State Road #23 and a dairy equipment company on Edison Road. The balance of the property contains single- family homes or is vacant. SURROUNDING LAND USE & ZONING: DATA: STAFF COMMENTS: Located to the north along State Road #23 are several businesses zoned "C" Commercial, "A" and "D" Height and Area, and "C" Commercial (County); to the east along Ironwood Circle are offices, and along Ironwood Drive are retail uses, restaurants and vacant land, all zoned "C" Commercial, "A" Height and Area, and Village Terre Apartments off Rosemary Lane zoned "B" Residential, "A" Height and Area. Located to the southwest along State Road #23 are two retail uses zoned "C" Commercial, "A" Height and Area and Turtle Creek Apartments are located west of State Road #23 zoned "B" Residential, "A" and "B" Height and Area. The remainder of the area contains single - family homes or vacant land zoned "R" Residential (County) or "A" Residential, "A" Height and Area. The total area is approximately 31 acres. The area proposed to be zoned "C" Commercial is approxi- mately 17.3 acres and the area to be zoned "A" Resi- dential is approximately 13.7 acres. This annexation originated in 1971 as Annexation Ordinance #5308 -71. The Area Plan Commission Staff was notified by the City Legal Department of this annexation on May 28, 1980. That letter stated that "On MaY.9, 1980, the Superior Court entered an order in the pending remonstrance in Cause No. E -9772 ordering the remonstrance dismissed. The annexation of the territory was effective as of the date of the court's judgement." Section 21 -122 of the South Bend Municipal Code states that all areas shall be zoned "A" Residential as of the date of annexation, and that, within 60 days after notification of the date of annexation, the Area Plan Commission shall submit to the Council a recommended zoning plan for such area.