12-08-08 Council Meeting Agenda & Packet

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~ ~ ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROFERTY LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT • & TWYCKENHAM DRIVE, SOUTH BEND, INDIANA 46637, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT & TWYCKENHAM DRIVE, AND IS PRESENTLY ZONED "SF1" SINGLE FAMILY AND TWO FAMILY DISTRICT AND "ME1" URBAN CORRIDOR MULTI-FAMILY DISTRICT. THE PROPERTY IS REQUESTED TO BE REZONED TO THE "MU" MIXED USE DISTRICT TO ALLOW FOR THE DEVELOPMENT OF SMALL RETAIL SHOPS ON THE MAIN BUILDING LEVEL AND RESIDENTIAL RENTAL UNITS ON THE SECOND BUILDING LEVEL. NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00°52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 181.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00°52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89°03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00°52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29°14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENC$ ALONG THE EASTERLY EXTENSION OF SAID RIGHT-OF- WAY LINE, N. 21°11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89°07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE SAME HEREBY ESTABLISHED AS "MU" MIXED USE DISTRICT.