9900-09 Rezoning - The Southeasterly corner of Ivy Court & Twyckenham Drive - District 4

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REVISED 12/17/08 ~ q ~ ~_O~ ORDINANCE NO. 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY 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: A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY INDIANA. MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 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 SAID PLAT S. 00°52'09" E., 204.00 FEET, MORE OR LESS, TO A POINT AT THE SOUTHEAST CORNER OF LOT NUMBER 7 OF SAID PLAT; THENCE ALONG THE SOUTH LINE OF SAID LOT NUMBER 7, S. 89°03'20" W., 167.15 FEET, MORE OR LESS, TO A POINT ON THE EAST RIGHT OF WAY LINE OF IVY ROAD; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE FOR THE NEXT TWO (2) COURSES, N. 19°53'18" W., 97.66 FEET MORE OR LESS, AND ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 297.00 FEET, MORE OR LESS, AND HAVING AN ARC DISTANCE OF 132.80 FEET, MORE OR LESS, TO THE END OF A CHORD BEARING N. 32°41'54" W., AND HAVING A DISTANCE OF 131.70 FEET, MORE OR LESS TO A POINT ON THE NORTH LINE OF LOT NUMBER 28 OF SAID PLAT; THENCE N. 89°07'51" E., 268.43 FEET, TO THE POINT OF BEGINNING. CONTAINING 0.97 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.