HomeMy WebLinkAbout10162-12 Annex & Rezone 17210 Douglas RoadORDINANCE No. iom +2
Passed by the Common Council of the City of South Bend, Indiana
June 25,
Attest:
Attest:
2012
Presented by me to the Mayor of the City of South Bend, Indiana
June 26,
20
12
City Clerk
President of Common Council
Approved and signed by me
(D ,LcA 20
C 2�-
City Clerk
Maj yr
ORDINANCE NO. 0 L ( -- ( 2---
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
Douglas Road Land Partners South, LP
17210 Douglas Road
South Bend, IN 46635
STATEMENT OF PURPOSE AND INTENT
A Petition for voluntary annexation and for the zoning of ±0.8 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 and zoned. It is the intent and purpose of this
Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a
zoning district for this territory.
NOW 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:
A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89016'18" EAST ALONG THE
NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00 012'28" WEST, 45.01 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 89 °16' 18" EAST PARALLEL TO THE NORTH LINE OF
SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD PARTNERS
MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE RECORDER OF ST.
JOSEPH COUNTY, INDIANA; THENCE SOUTH 00 029'43" EAST ALONG SAID WEST LINE OF SAID
MINOR, 175.00 FEET; THENCE SOUTH 89016'18" WEST ALONG THE NORTHERLY LINE OF LOT 3 IN
SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF LAND RECORDED IN DEED
RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE NORTH 00 012'28" EAST ALONG
SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.75
ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT -OF -WAY, EASEMENTS, COVENANTS 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 herby is
amended in order that the zoning classification of the following described real estate,
with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph
County, State of Indiana be and the same is hereby established as 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 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.
MEMBER OF THE COMMON dOUNCIL
Attest:
ity Cle
Presented by me to the Mayor of the City of South Bend, Indiana on the L(Aday
of �) i.e.v,-Q- , 20 l)L— , at CQ L- o'clock. m.
Approved and signed by me on the
o'clock Ti-VI?-.m.
1st READ! IG 3.(L, (L
PUBLIC HrARING r -Lg —LL
3rd READING &-fir —C Z-
NOT APPROVED
REFERRED —t 2--
PASSED
City rk
day of u , 20 (112-, at
ii�lled in Clerk's Office
J1 2
CITY .: ':
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08 -12 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, DOUGLAS ROAD LAND PARTNERS SOUTH, LP, 17201
DOUGLAS ROAD
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.
This bill was heard by the Zoning and Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole
PETITION FOR THE VOLUNTARY ANNEXATION
INTO and THE ZONING OF THE ANNEXED LAND
IN THE CITY OF SOUTH BEND, INDIANA
I (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) I am (We are) the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel
of land more particularly described in Exhibit "A ".
2) Petitioner(s) desire(s that the parcel be annexed to the City of South Bend,
Indiana, by proper ordinance.
3) This Petition is signed by one - hundred percent (100 %) of the owners of the land
in the territory sought to be annexed.
4) The property sought to be annexed and rezoned is located at:
17210 Douglas Road South Bend, IN 46635
5) . The Property Tax Key Number: 002 - 2023 - 054801
6) The name and address of the property owner(s) of the petition site is /are:
Douglas Road Land Partners South, LP
7) The name and address of the contingent purchaser(s), if applicable:
Not Applicable
8) The parcel is ±0.8 acres in size and currently has the following use(s) on it:
Vacant Land
9) The number of people currently residing on the property: None
10) It is desired and requested that the petition site be rezoned
From St. Joseph County zoning classification:
"R" Single - Family Residential District
To City of South Bend zoning classification:
"CB" Community Business District
for the following use(s): Uses allowed in "CB" Community Business District
11) The anticipated "build -out" year for the project:
2012
12) The proposed number of lots: Not Applicable
13) The proposed miles of new roadways: None
14) The following information has been submitted with the Petition:
1. A legal description of the property; titled as Exhibit A;
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;
3. Seventeen (17) site plans;
4. Addressed, stamped envelopes for all property owners within 300 feet of
the petition property.
15) The signature(s) of all property owner(s), or Attorney for all property owners(s)
Printed:
Signed:
las Road Land Hers South, L.P.
A1.
227 South Main Street, Suite 300
South Bend, IN 46601 Phone Number: (574) 234 -2073
16) Name, Address, and Phone Number of Contact Person /Preparer (please print):
Bradley E. Mosness, PE Paul A. Phair, VP Development of
Abonmarche Consultants, Inc. Holladay Properties
750 Lincoln Way East 227 South Main Street, Suite 300
South Bend, IN 46601 South Bend, IN 46601
(574) 232 -8700 (574) 217 -4498
r
EXHIBIT A
LEGAL DESCRIPTION:
A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 89116'18" EAST ALONG THE
NORTH LINE OF SAID SECTION 32, 140.70 FEET; THENCE SOUTH 00 012'28" WEST, 45.01 FEET
TO THE POINT OF BEGINNING; THENCE NORTH 89016'18" EAST PARALLEL TO THE NORTH
LINE OF SAID SECTION 32, 185.55 FEET TO A POINT ON THE WEST LINE OF DOUGLAS ROAD
PARTNERS MINOR, RECORDED IN INSTRUMENT NUMBER 0917426 IN THE OFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 00 029'43" EAST ALONG
SAID WEST LINE OF SAID MINOR, 175.00 FEET; THENCE SOUTH 89'16'18" WEST ALONG THE
NORTHERLY LINE OF LOT 3 IN SAID MINOR, 187.70 FEET TO THE EAST LINE OF A PARCEL OF
LAND RECORDED IN DEED RECORD 784, PAGE 80 IN SAID RECORDERS OFFICE; THENCE
NORTH 00 012'28" EAST ALONG SAID EAST LINE, 175.02 FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINING 0.75 ACRES, MORE OR LESS, AND SUBJECT TO ALL RIGHT -OF-
WAY, EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD.
and in Clerk's
pj hh"R - 7 2012
F: \Projects \2012 Projects \12 -0129 DOUGLAS RD ANNEX- REZONE\Annexation & Rezoning \Legal Description for Annex Rezone.docx "
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