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Home My WebLink About9573-05 Annexation & Rezoning - 52501 Portage Highway - Gregory and MaryLou KizerORDINANCE No. 95.73-05 Passed by the Common Coicncil of the City of South Bend, Indiana March 14, 20 05 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana March 15, 2Q 05 City Clerk President of Common Council JOHN Approved and signed by me March 17 , 20 0 5 City Clerk Mayer ORDINANCE NO. ~ ~~ 3 ~" oS 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 CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; Gregory A. Kizer and Marylou Kizer 52501 Portage Highway, South Bend, Indiana STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 3.19 acres located in German Township, St. Joseph County, Indiana, has been filed by either fifty-one percent (51 %) of the owners of the land in the territory sought to be annexed and zoned, or the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes. 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. 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: 52501 Portage Highway, South Bend, Indiana 46628, legally described as Kizer's Portage Road Minor Subdivision, Lot 1, Parcel I.D. 04-1014-024004; including the entirety of the Portage Right-of--Way. 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. 4990-68, 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 "CB" Community Business in the City of South Bend, St. Joseph County, State of Indiana; 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. That the above described real estate shall be and hereby is assigned to the 1st Councilmanic District of the City of South Bend, Indiana. 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. MEMBER OF THE COMMON COUNCIL Attes 'ty C1 rk Presented by me to the Mayor of the City of South Bend, Indiana on the ~S-day of ~ ~.~ , 2 COOS ; at ~ ~ - ~~ o'clock ~. m. City Cler' -- 2y Approved and signed by me on the ~? day of vla.~ 2 •o ~ at ~'f.- o'clock ¢ . m. /~-~- Mayor, ity of th Bend, Indiana 1st READING ~ Z- ~ 3 -O`` PUBLIC HEARING Z-Z.B-O,SaS Scc`agl-~-~ru~n~~ 3 rd READING 3 -~~-~5 0.S Su~os~-i ~~ NOT APPROVED REFERRED I~ ~~ ~S S u,~~Q~ PASSED '3_~~ OS CLS Su~x~~,~ filed In Cierk's Office ~a~~ t s 200 JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 91-04 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 CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH; GREGORY A. KIZER AND MARYLOU KIZER, 52501 PORTAGE HIGHWAY, 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 as substituted. Roland Kelly Chairman 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 German Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) I (We) am/are the owner(s) (hereinafter "petitioner" or "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; b. fifty-one percent (51 %) of the owners of the land in the territory sought to be annexed; OR _ c. the owners of seventy-five percent (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: 52501 Portage Highway, legally described as Kizer's Portage Road Minor Subdivision, Lot 1, Parcel I.D. 04-1014-024004. 5) That the name and address of the property owner(s) of the petition site is/are: Gregory and Mary Lou Kizer, 52501 Portage Highway, South Bend, Indiana 46628. 6) That the name and address of the contingent purchaser(s), if applicable, is/are: DFZ Portage Properties, LLC, 251 E. Sample Street, South Bend, Indiana 46601, attention David Ziker, Member. 7) The parcel is 3.19 acres in size and currently has the following use(s) on it: Residence for Sellers. 8) It is desired and requested that the petition site be rezoned From: "R" Residential (County) To: "CB" Community Business (City) for the following uses: Shopping center, drycleaner, restaurant, and similar businesses. Filed In C1er1~'e Office pwwr ~~~ ~ ~~3 JOHN VOORDE CITY CLERK, S0. BEND, IN. _, PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA (Cont.) 9) The following information has been submitted with the Petition: a) I. 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. 10) The signature(s) of all property owner(s), or Attorney for all property owner(s) Signed: + ~ Address:52501 Portage Highway Phone Number: 277-0835 South Bend, Indiana 46628 t Signed: Address: 52501 Po age Highway Phone Number: 277-0835 South Bend, Indiana 46628 11) Name, Address & Phone Number of Contact Person/Preparer (Please print): David L. Mirkin, Mirkin Law Offices, P.C., Wells Fargo Bank Building, Suite 400, 112 W. Jefferson Boulevard, South Bend, IN 46601. Filed In Clert~'s Office JAPI 4 ~~, JOHM SO RBEND,IN. CITY CLERK,