HomeMy WebLinkAbout10629-18 Old National Annexation Area (Previously Bill No. 12-17) ORDINANCE No . 1062948
Passed by the Common Council of the City of South Bend, Indiana
November 26, 18
20
Attest: f�.� - City Clerk
a -emah N. Fov\Or
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 26, 18
20
,,/ City Clerk
areemah N. Fowler
Approved and signed by me Nw eak 20 � U
1 � �y Mayor
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United States of America
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DEC i I 2018
'_4EPH COUNTY,
Certificate
STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss:
I, Kareemah N. Fowler, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby
certify that the attached and foregoing is a full, true, and correct copy of
ORDINANCE 10629-18
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 NO. 4, FOR 17330 STATE ROAD 23,
SOUTH BEND, INDIANA
PASSED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, NOVEMBER 26, 2018.
PRESENTED TO, APPROVED AND SIGNED BY MAYOR PETE BUTTIGIEG,
NOVEMBER 26, 2018.
ATTEST: TIM SCOTT, PRESIDENT OF THE COMMON COUNCIL
ATTEST: KAREEMAH FOWLER, CITY CLERK
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the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph
County, Indiana.
IN WITNESS WHEREOF, I have hereunto s t my hand and affixed the official Seahof the City
of South Bend, St. Joseph County, Indiana, this day of ktr20 in
Kareemah N. Fowler
Clerk of the City of South Bend
St. Joseph County, Indiana
By: ll _
Kareemah N. Fowler
SUBSTITUTE BILL NO. 56-18
ORDINANCE NO. 10629-18
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 NO. 4, FOR 17330 STATE ROAD 23, SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To allow for uses in CB Community Business
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION 1. That the following described real estate situated in St. Joseph County, Indiana,
being contiguous by more than one-eighth (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:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH,
RANGE 3 EAST, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT "A"
IN STANDARD FEDERAL BANK REPLAT OF LOTS 1 AND 2 IN TOWER MINOR
SUBDIVISION, RECORDED AUGUST 29, 1994 AS INSTRUMENT NUMBER 94-32933 IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA ; THENCE WEST
ALONG THE EXISTING CITY LIMIT LINE 122' MORE OR LESS TO THE WEST RIGHT-
OF-WAY LINE OF STATE ROAD 23, ALSO BEING THE EAST LINE OF LOT 2A OF
FOUNDATION CENTER FIRST REPLAT SUBDIVISION; THENCE SOUTHWESTERLY
ALONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAD 23, 417 FEET MORE OR
LESS TO THE SOUTH RIGHT-OF-WAY LINE OF DOUGLAS ROAD; THENCE EAST 120
FEET, MORE OR LESS, TO THE EAST RIGHT-OF-LINE OF STATE ROAD 23; THENCE
NORTH ALONG THE EAST RIGHT-OF-WAY LINE OF STATE ROAD 23 TO THE
EXISTING CITY LIMIT; THENCE WEST 18 FEET, MORE OR LESS, AND
NORTHEASTERLY 127 FEET, MORE OR LESS, ALONG THE EXISTING CITY LIMIT
LINE; THENCE SOUTHEASTERLY 30 FEET MORE, OR LESS, AND EASTERLY 215
FEET, MORE OR LESS, ALONG THE EXISTING CITY LIMIT LINE TO THE SOUTHEAST
CORNER OF LOT"A" IN STANDARD FEDERAL BANK REPLAT OF LOTS 1 AND 2 IN
TOWER MINOR SUBDIVISION, RECORDED AUGUST 29, 1994 AS INSTRUMENT
NUMBER 94-32933 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY,
INDIANA; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 160 FEET; THENCE
EAST ALONG THE SOUTH LINE OF SAID LOT 102.3 FEET; THENCE NORTH ALONG
THE EAST LINE OF SAID LOT 80 FEET TO THE NORTHWEST CORNER OF SAID LOT;
THENCE WEST ALONG THE NORTH LINE OF SAID LOT 143.6 FEET TO THE POINT OF
BEGINNING.
THE ANNEXATION AREA CONTAINS APPROXIMATELY 1.89 ACRES.
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 part of the
City of South Bend, Indiana.
SD CTION 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 right-of-ways, in the City of South Bend, St. Joseph County, Indiana be and the same is
hereby established as CB COMMUNITY BUSINESS DISTRICT, provided, however, that the
required established, and stated procedures for review of such zoning classification by the Area
Plan Commission have been fully satisfied.
SECTION IV.
This ordinance is and shall be subject to commitments as provided by Chapter 21-09.02(d)
Commitments, if applicable.
SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage
by the Common Council, approval by the Mayor, and legal publication.
Tim Scott, CoirlifilMir
South Bend Common Council
Attest:
Kareemah / Fowler, City Cle .
Office of the City Clerk
Presented by me,the undersi1gned Clerk of the City of South Bend, to the Mayor of the City
of South Bend, Indiana on the a,(,� day of NvryV , 2018, at ,-- o'clock
V . m.
Kaye 'ah N. Fowler, y Cl- k
Office of the City Clerk
Approved and signed by me on the QU day of Naityri,rdei( , 2018, at 9 o'clock
.m.
Pete Buttigieg , ' _ •r
City of South :end, ndiana .
„ 0_1 -2,018
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rUTHFiled in Clerk's Office
\ --._T 1 6 2018
" KAREEMAH FGV LER
1865
CITY CLERK,SOUTH BEND. IN
CITY OF SOUTH BEND
COVVU \ ITY I \VESTVE\T
October 16, 2018
Tim Scott, President
South Bend Common Council
4th Floor, County-City Building
Re: Re-Filing & Reinstatement of Bill 12-17 (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 No. 4,for 17330 State
Road 23,South Bend, Indiana)
Dear President Scott:
Attached with this letter is original Bill 12-17, a voluntary annexation proposing to
annex/zone contiguous territory to the City of South Bend. This bill received First Reading
on March 13, 2017. The zoning aspects of the bill were heard by the Area Plan Commission
on October 17, 2017. At the request of the petitioner,the bill was continued indefinitely
prior to its scheduled public hearing at the October 23,2017, Common Council meeting.
The petitioner now desires to proceed with its annexation/rezoning request. To accommodate
this request, I respectfully ask that Bill 12-17 be re-filed with a 2018 bill number and, as this
item previously had First Reading,be reinstated by the Common Council at its October 22
meeting. As this request has already been considered by the Area Plan Commission, it need
not be referred there. Rather,the bill may be set for Second Reading(public hearing) at the
Common Council's first meeting in November.
If you have any questions,please feel free to contact me at 235-5843. Thank you.
Sincerely,
/haw/
Michael P. Divita,AICP
Planner
cc: Larry Magliozzi &Angela Smith,Area Plan Commission
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
14005 County-City Building 1227 W.Jefferson Bvld.1 South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov
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