02-09-09 Common Council Meeting Agenda & Packet

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ORD I NA,.,NCE NO a 4 k � Sr 4y ....... r. �sr+ �� v.+ Yxk- s.. r. �. v.. ��3,:, ��rirx- w�nJi+. ir= rr< ii. u�l- a= a=-_ �L----_ s- n_- r..-_-.' Y.^ r= �rJa> us..= �x= vs : '- ':�fr. r•_,: �..r,.., �i..� _- _:.._ -�S �+f'.:rry �r -.�sn. AN O RDINAN C E AME ND I NG TH ZONIN ORD I NANC E F OR PROPERT L OCATE D AT TH SO CORNER. O I VY COURT TWYCKENHA DRIVE SOUTH BEND, INDIANA 4663 COUNCIL.ANIC DISTRICT NO . d{ IN THE CITY OF SOUTH BEND, INDIANA STATEI OF PURP AND IN'T'ENT THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF IVY COURT °T YC ENHA1t DRIVE AND IS PRESENTLY ZONED `" SFI " SINGLE FAMILY AND TW FAMILY DISTRTCT AND "'If' URBAN CORRIDOR MULTI — FAMILY DISTRICT. THE PROPERTY IS RE QUESTED TO BE REZONED TO THE 11 MUff MIXED USE DISTRICT ""'� TO AL LOW FOR THE DEVELOPb ENT Off" SQL RETAIL SHOPS ON THE CA BUI LEVEL A RE RENTAL UN ON THE SECOND BUI LEVEL. NOW THE BE IT ORDAINED BY THE COMM CO UNCIL OF THE CITY OF SOUTH BEND , INDIANA. 4. SECTION I. O RDINAN CE NO. 9495 IS E NDED, WHICH ORDINANCE TS C OMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND INDIANA, BE AND THE SAME HEREBY IS ENDED IN ORDER THAT THE ONI `r- CLAS OF THE F OLLOWING DESCRIBED REAL ESTATE IN THE C ITY OF SOUTH BEND, ST. JOSEPH CO UNTY, STATE OF INDIANA; THAT A PART OF THE SOUTHEAST QU.LRETER OF SECTION 3 TOWN SHIP 3 NORTH RANGE 3 EAST, CLAY TOWN SHIP, ST, JOSEPH COUN IND STORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHWEST CORNER OF LOT 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 EAS LINE OF LOT # 9 AND LOT 8 IN - SAID PLAT, S. 00 0 52 1 0 9 E. , 1 �F 0 FEET MORE OR LESS T 1 T �y HE ,SOUTHWEST CORER Off` SAID LOT 8 THENCE THE HE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 8 9 0 07 1 5 1 11 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 1 0 9" E. , 8 1. 98 FEET MORE OR LESS THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 8 '2 W . , 25 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT— OF— WAY LINE OF IVY ROAD ( A.K.A. TVY COURT); T HENCE ALONG SAID WEST LINE, N. 00 ° 5 0 1rt . , 81 . FEET MORE OR LESS, 'WHENCE CONTINUING ING ALONG SAID WESTERLY RIGHT —OF —WAY LINE 'ALONG A CURVE TO THE LEFT HAVING A RADI OF 253 -00 FEET , MORE OR LESS AND HAVING AN ARC DISTANCE OF 10 FEE T MORE OR LESS TO THE END OF A CHORD BEARING N. 29 W AND HA VING A DISTANCE OF 1 04. FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHA DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT—OF— WAY LINE N. 2 ' l iµ " E. , 48 .7 1 FEET TO A POINT ON THE NOR'T'H LINE OF L OT # 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 POTNT OF BEGINNING. CONTAINING 0 .78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD BE AND THE SAME NER DY ESTABLISHED AS "MU" MT, ED USE DISTRICT.