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Home My WebLink About9674-06 Annexation 54670 Willis Ave. - District 4ORDINANCE No. Passed by t/te Common Council of the Ciry of South Bend, Indiana May 8, Attest: Attest: Presented by fne to tyre Mayor of the City of South Bend, Indiana May 9, JOHN Approved mid signed by me May 12 20 ~_ Ciry Clerk Mayor 20 06 Ciry Clerk President of Common Council 20 06 ORDINANCE NO . ~ ~ ~ ~ ` AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY (PETITIONER) 54670 WILLIS AVENUE, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.77+/- acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100 of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #41 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK #11, PAGE #13, AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE, THENCE WEST ALONG THE SOUTH LINE OF LOT 41 AND ITS WESTERLY EXTENSION 260.00 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE 129.80 FEET MORE OR LESS; THENCE EAST 260.00 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 41 IN SAID PLAT; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 129.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION III. Ordinance No. 9495-04, as 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 above described real estate, with the exception of all adjacent rights-of-way, is hereby established as "MF1" Urban Corridor Multifamily District, in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the 2 required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication. -~ Member of th ommon Council Attest: City lerk Presented by me to the Mayor of the City of South Bend, Indiana on the ~~s~ Day of \(~(~,~~ 2 Oolo at 3 '• ls' O'clock ~p , . M. Ap r ved and signed by me on at~clock .M. /~:sb ~ OSo 1st READING Z ~' ~ ~ PUBLIC HEARING `{-zZ-ob 3 rd READING S -~-pb NOT APPROVED REFERRED la 1p- L-\ 305° ` ~ CA S Cit Clerk ~~ the ~ Day of ~ , 2 6C ~ , ,~~. u~----. Mayor, City South Bend, Indiana Filed In Cie~}~c'e Office F E B 8 2006 JOHN VQ~3~iDE CITY CLERK, SQ. BEND, IN. PASSED S ~~ ~~So TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 07-06 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, JOHN ROY, 54670 WILLIS AVENUE , SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Roland Kelly Chairman PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners") of a parcel of land more particularly described in Exhibit "A". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X_ a. one-hundred percent (100) of the owners of the land in the territory sought to be annexed; OR b. fifty-one percent (51~k) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy-five (75~) of the total assessed value of the land for property tax purposes. 4). The property sought to be annexed and rezoned is located at: 54670 Willis Avenue South Bend, Indiana 46637. 5). That the name and address of the property owner(s) of the petition site is: John Roy 30580 Quail Pointe Drive Granger, Indiana 46530 (949) 456-0343. Property Tax Key Nos. 02-1106-5380. 6). That the name and address of the contingent purchaser(s), if applicable, is: N/A 7). The property is 0.77+/- acres in size and currently has the following use(s) on it: Single-family home. Population (1). 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build-out year - 2007) From: "R" Residential (Count Zonin ) To "MF1" Urban Corridor Multifamily District 2 for the following uses: Residential use as allowed under the "MF1" Urban Corridor Multifamily District Zoning classification. 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit nAn. 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 2a. 17 Copies of site plan. 3. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b). By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. 10). The signature(s) of all property owner(s), or Attorney for all property owner(s). _ ~~ : ;/ Signed: ~fL~/_r.'__"""_"'/"J John Roy 30580 Quail Pointe Drive Granger, Indiana 46530 (949) 456-0343. 11). Name, Address & Phone Number of Contact Person/Preparer: Danch, Harney & Associates, Inc. C/O Michael Danch 1643 Commerce Drive South Bend, Indiana 46628 (574) 234-4003. Cterk's Office F11ed to DEB - 8 2006 C1T1 CLERKy''~ EXHIBIT "A" ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT #41 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK #11, PAGE #13, AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFICE, THENCE WEST ALONG THE SOUTH LINE OF LOT 41 AND ITS WESTERLY EXTENSION 260.00 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE 129.80 FEET MORE OR LESS; THENCE EAST 260.00 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 41 IN SAID PLAT; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 129.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Fly ~ G~C!'~~:'~ ~f~iC'~ FEB 8 200G JG'itl VCCRDE CITY CLEiiK, 50. ®El~a, l"!. Property Owners Within 300 Feet John Roy 30580 Quail Pointe Granger, IN. 46530 Tax Key # 002 1106 5380 Kevin &Kristie Sandor 52266 Lookout Pointe CR Granger, IN. 46530 Tax Key # 002 1106 5375 Kevin &Kristie Sandor 52266 Lookout Pointe CR Granger, IN. 46530 Tax Key # 002 1106 5368 University of Notre Dame Du Lac 224 Flanner Hall Notre Dame, IN. 46556 Tax Key # 002 1106 536801 Irish Crossings Development LLC P.O.Box 429 Notre Dame, IN. 46556 Tax Key # 002 1106 5363 Irish Crossings Development LLC P.O. Box 429 Notre Dame, IN. 46556 Tax Key # 002 1106 537901 Glenn & Kaye Blossom 20 Lyndale Ave Staten Island, New York 10312 Tax Key # 002 1106 5384 Carmine & Maria Martino 52263 Carriage Hills Drive South Bend, IN. 46635 Tax Key # 002 1106 5394 Chester Los Jr. 54722 Burdette St South Bend, IN. 46637 Tax Key # 002 1106 5383 lane's Properties 2015 South Bend Avenue South Bend, IN. 46617 Tax Key # 024 1106 539721 Terry 8~ Barbara Tharp 54606 Willis Ave South Bend, IN. 46637 Tax Key # 002 1106 5364 Irish Crossings Development LLC P.O. Box 429 Notre Dame, IN. 46556 Tax Key # 002 1106 5367 Irish Crossings Development LLC P.O.Box 429 Notre Dame, IN. 46556 Tax Key # 002 1106 5379 Robert A Howland Jr. 54739 Willis South Bend, IN. 46637 Tax Key # 002 1106 5390 Irish Crossings Development LLC P.O.Box 429 Notre Dame, IN. 46556 Tax Key # 002 1106 5362 Chester Los Jr. 54722 Burdette St South Bend, IN. 46637 Tax Key # 002 1106 538901 Salvation Army 510 S Main Street South Bend, IN. 46601 Tax Key # 024 1106 539710 Zolman Tire Inc. 18255 Vaness St South Bend, IN. 46637 Tax Key # 002 1106 539101 Irish Crossings Development LLC P.O. Box 429 Notre Dame, IN. 46556 Tax Key # 002 1106 5374 Jean Johnson Revocable Trust 54703 Willis Street South Bend, IN. 46637 Tax Key # 002 1106 538401 Carmine & Maria Martino 52263 Carriage Hills Drive South Bend, IN. 46635 Tax Key # 002 1106 5395 University of Notre Dame Du Lac 836 Grace Hall Notre Dame, IN. 46556 Tax Key # 002 1106 5382 South Bend Brookhaven LLC 380 Union St., Suite 300 Springfield, MA. 01109 Tax Key # 024 1106 539712 /''~_... ~ ~l~~!„ I~i~l +~ Ft~a''.--~a ~B ~~'~; ~. u FEB 8 2006 J0~?7 ~JvOF,DE CITY CLEftK, S0.9E4~D, ly. ANNEXATION DIAGRAM SURVEY ORDERED BY: JOHN ROY SURVEY DATED: 2-2-06 PROJECT NO.: 060117 ANNEXATION LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST. CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT ~41 IN THE PIAT OF •VANESS PLAT' AS RECORDED IN PLAT BOOK #11, PAGE X13, AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS OFFlCE, THENCE WEST ALONG THE SOUTH UNE OF LOT 41 AND RS WESTERLY EXTENSION 260.00 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT-OF-WAY UNE OF WIWS AVENUE; THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY UNE 129.80 FEET MORE OR LESS; THENCE EAST 260.00 FEET MORE OR LESS TO THE NORTHEAST CORNER OF LOT 41 IN SAID PLAT; THENCE SOUTH ALONG THE EAST UNE OF SAID LOT 129.80 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.77 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. I t,7; .:~ ~ IA ne ~m ON z~ I I I I I ~~ I I ----------------r-------- ~ I r ~ I .~~~r I I , , ~~ a1 .w ~ i ~ ray I ~~ ~ I EXISTING CORP. EAST 280.0't I ~ UMR UNE 200.0'f m LAT X41 ~ oN PETffTION SffE ~ rn~ ~ $ ~ EXIIT UNE ORP.~ tar .n RI 1 I i I I I -~--~-- - C/L VANESS STREET - 60' R/1f - a 0 o: 0 0 n S -~~- 1 o~l ar s~ t•- 100 s p{f+ce -Feed {~ C{eTk ~ 2p06 - FEe HN~d~PBENO ~N' ~D...a S~~ QaKCh, Hahr-e~ drAeeac tee, IKC. Land Surveyors Professional Engineers Landscape Architects• Land Planners Office: (574)234-400.5 / (800)594-4003 • Fac (574)234-4119 2422 Yri~on Drive, Suite 201 • South Bend, IN 48628