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HomeMy WebLinkAbout8343-93 Annexing Certain Territory located 800 feet south of Jackson Rd on the east side of Ironwood Rd ' f ,i ORDINANCE No. 8343-93 Passed by the Common Council of the City of South Bend, Indiana. January 25, 93 19 Attest: - v v """�""' City Clerk IRENE K. GAMMON _ i/- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— January 26, 93 19 �-� City Clerk IRENE K. GAMMON Approved and signed by me ' 3 19 Mayor • SUBSTITUTE ORDINANCE NO. 8 3'S2-'- 90' AN ORDINANCE OF THE Comm COUNCIL. OF THE. CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH: BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED 800 FEET SOUTH OF JACKSON ROAD ON THE EAST SIDE OF IRONWOOD ROAD IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. STATEMENT OF PURPOSE. AND INTENT The Common Council.. of the. City of South Bend., Indiana, has. determ ,ned that it is in the best interest. of the. City of South Bend to annex and bring within the corporate limits of the City of South Bend certain territory that is contiguous with the City of South Bend. 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-fourth ( 1/4) 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, Indiana: A parcel of land located in the. West half of the Northwest quarter of Section 32., Township 37 North, Range 3 East, Penn. Township, St. Joseph County, Indiana. More particularly described as follows: Commencing at the Northwest corner of the Northwest quarter of Section 32; thence South 823.60 feet, thence East. 240 feet to the point of beginning; thence South 580 feet, thence East 670 feet, thence North 125 feet, thence Fact 232 feet, thence North 455 feet, thence West 902 feet to the point of beginning, containing 11.34 acres, more or less. Key Number 14-1035-0589.01. SECTION II.. That the above-described real estate is needed and can be used by the City for its development in the reasonably near future. SECTION III. That the boundaries of the City of South Bend., Indiana, shall be and hereby are declared to be extended so as to include all of the above-described real estate as a part of the City of South Bend, Indiana.. . SECTION IV. That the above-described. area shall be and hereby is assigned to the Fifth Councilmanic District of the City of South Bend, Indiana. SECTION V. This. Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and proper legal publication. Map 2 _ /// - • IAR7WA1/ ST. 1E111114 my' O A. O N N III Ill et 11 fRIT U. V. motel et;® Ill! t o i W JACKSON•• .•'. . . . . . . . . 23 ..t 03 1.72a /•Xy \ •\.\ \^\ *\\ \ .`1\`, \ ':`\�/ 23 1038-0589 Olr / \ \ \ : y 23`\1Ox3.4-17 X ,\ \ �"`, \ \ ti\\\\\: \ \ �•`\\ \ • \ \\\\\.>`\ >\ •\- \ _ fir CITY OF SOUTH BEND Ae %'/• AREA PROPOSED TO BE ANNEXED 0 100 200 300 400 800 Prepe►el $1 ST. JOSEPH COUNTY Graphi e Seei• AREA PLAN COINN1UU1Ot OCTOBER 1992 fJnmmtt#rr arpnrt Qiu tic Qlnmmon elounrUl of ter (Ong of*nutty !irnd: Your Committee of the Whole to whom was referred BILL NO. 111-92 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH AND GENERALLY LOCATED 800 FEET SOUTH OF JACKSON ROAD ON THE EAST SIDE OF IRONWOOD ROAD IN PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, by substitution. Chairman Thomas Zakrzewski / ,II/III/ / ,,,,/,S O U TH A i,i= o.'0' C� `/�i /� *\ '%4,' City of South Bend I{al � EASE/'�<�•n \ `f Joseph E. Kernan, Mayor •}, 1865 +. ''-tarn. .. Department of Law Richard A. Nussbaum, II, City Attorney December 11 , 1992. Mr.- Stephen. Luecke, President South Bend Common Council 4th Floor, County-City Building South. Bend, Indiana_ 46601. Rex Substitute Ordinance Annexation Dear Steve I am attaching an ordinance which I would request be substituted for the respective ordinance. filed December 9th. The substitute bill. contains a modified. legal description of the land sought to be acquired. Thank you for your assistance. Sincerely, r�7 1. c -nny Pit- s 1Ianier .,hief As-istant_ City Attorney JPM/j1 Attachment JPM/ORD/RES4 1400 County-City Building • South Bend, Indiana 46601 • 219/235-9241 Thomas L. Bodnar John E. Broden Aladean M. DeRose Jeffrey M. Jankowski Jenny Pitts Manier Mary Hall Mueller Robert C. Rosenfeld 50UTN " �_� %% d % City of South Bend \ lei( , Joseph E. Kernan, Mayor '‘\‘‘‘‘ 186s Department of Economic Development Jon R. Hunt Ann E. Kolata Executive Director Deputy Executive Director December 9, 1992 Mr. Stephen. Luecke, President South. Bend Common Council 4th Floor, County-City Building South Bend, Indiana 46601 Re: A Ordinance. Annexing to the City of South Bend. Certain Territory Contiguous Therewith Dear Mr. Due.cke: I am attaching for filing an Ordinance. annexing to the City certain territory contiguous therewith and situated in Penn Township. The territory in question is generally located 800 feet south of Jackson Road on the east side of. Ironwood Road-- Your consideration and approval is respectfully requested. Sincerely, ./e/tie-rIz J R. Hunt, Director epartment of Economic Development JHJj1 Attachment. JPM/ORD!RES:4 1200 County-City Building • South Bend, Indiana 46601 • 219/284-9371 Fax 219/284-9021 Redevelopment Economic Development Housing Rehabilitation Financial & Program Human Rights Ann Kolata & Business Assistance Kathryn Baumgartner Management Cynthia Love-Bush 284-9371 Donald Inks 521 Eclipse Place Elizabeth Leonard 284-9355 284-9335 284-9475 284-9335 ! „ RESOLUTION NO. .10017- 92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN PENN TOWNSHIP WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is generally located 800 feet south of Jackson Road on the east side of Ironwood Road and is needed and can be used by the City of South Bend for its development in the reasonably near future, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non-capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing ( 1) the cost estimates of services of a non-capital nature, including street and road maintenance, police and fire protection and other non-capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; ( 2) the method(s) of financing those services; ( 3) the plan for the organization and extension of those services; ( 4) that services of a non-capital nature will be provided to the annexed area within one ( 1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; ( 5) that services of a capital improvement nature will be provided to the annexed area within three ( 3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and ( 6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I . That it is in the best interest of the City of South - 1 4-•f W Section II . That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non-capital nature, such as street and road maintenance, police and fire protection, within one ( 1) year of the effective date of the annexation, in a manner equivalent in standard and. scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three ( 3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approved by the Mayor. Adopted this ,,?5' day of , 1993 . Am, emb r, C• . on Council AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director / 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 235-9813 March 16, 1993 The. Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 . RE: A proposed ordinance Initiated by the Area Plan Commission to zone from "A" Residential, "A" Height and Area to "A" Residential , "A" Height and Area, the following property: Parcel 1 is located on the east side of Sampson Dr: extended, south of Galway Dr. ; Parcel 2 is located on the east side of Ironwood Dr. , south of Jackson Rd. ; Parcel 3 is located on the east side of Ironwood Rd. , south of Inwood Rd. ; and Parcel 4 is located on the east side of Ironwood Rd. , north of Ireland Rd. , City of South Bend - APC #1505-93 Dear Council Members: The above referenced ordinance Initiated by the Area Plan Commission was legally advertised on March 4, 1993. The Area Plan Commission at its public hearing on March 16, 1993, took the following action: Upon a motion by John Leszczynski, being seconded by Lee Slavinskas and unanimously carried, the proposed ordinance Initiated by the Area Plan Commission to zone from "A" Residential , "A" Height and Area to "A" Residential , "A" Height and Area, the following property: Parcel 1 is located on the east side of Sampson Dr. extended, south of Galway Dr. ; Parcel 2 is located on the east side of Ironwood Dr. , south of Jackson Rd. ; Parcel 3 is located on the east side of Ironwood Rd., south of Inwood Rd. ; and Parcel 4 is located on the east side of Ironwood Rd. , north of Ireland Rd. , City of South Bend is sent to the Common Council with a favorable recommendation The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing , and will be forwarded to you at a later date to be made a part of this report . Attached, for your consideration in the review of this matter , is a copy of the Area Plan Commission's Staff Report . Sincerely, Richard S. Johnson RSJ :sr Attachment STAFF REPORT March 8, 1 993 Initiated by the Area Plan Commission 1505-93 Location: Parcel 1 is located on the east side of Sampson Dr. extended, south of Galway Dr. ; Parcel 2 is located on the east side of Ironwood Dr. , south of Jackson Rd. ; Parcel 3 is located on the east side of Ironwood Rd. , south of Inwood Rd. ; and Parcel 4 is located on the east side of Ironwood Rd. , north of Ireland Rd City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to establish "A" Residential , "A" Height and Area zoning on four parcels that have recently been annexed into South Bend. EXISTING LAND USE: Parcel 1 , 2 and 3 are vacant , and Parcel 4 contains a single-family home. SURROUNDING LAND USE AND ZONING: Located to the north of Parcel 1 is a vacant lot zoned "A" Residential ; to the east and south are the vacant rear portions of Commercial lots that front on Ireland Road; and to the west is a single-family home zoned "A" Residential . To the north, east , and south of Parcel 2 is vacant land zoned "A" Residential ; and to the west is the 4-H Fairgrounds zoned "A" Residential . Located to the north of Parcels 3 and 4 is a retirement center zoned "B" Residential ; to the east are the Irish Hills Apartments zoned "B" Residential ; to the south is a single-family home zoned "A" Residential; and to the west is a medical clinic zoned "B" Residential and single-family homes zoned "A" Residential . ACCESS: WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: SITE DATA: Parcel 1 contains 1 .2 acres; Parcel 2 contains 11 .3 acres; Parcel 3 contains 14.8 acres; and Parcel 4 contains 4.1 acres. ENVIRONMENTAL DATA: A check of the agencies maps indicates that no public wells, wetlands, flood, or environmental hazard areas are present . SITE PLAN: A site plan is not required for rezonings to "A" Residential . J:k�>>� j `ZO (J �'" 11. l' 1 II NI NI wcw' i Cl 7Fr: f 1 f p U I —�,JI gip- �� 1i---1 _11 1 z �..-11. el' S r , 060,V 1 I//IL LSDAIE RD ‹ '� ,} W NI i 'k TIIOQR LA] 4 � SIAM'FCRO �V\P 2/$1 TfTOY as x pi.1 II.x C7 `. 4 ' ""E+,- -4 , A U ' V MAR" 1 ys .,,,F '��^ �a` •r,ix `, r > oQII. SROOKMEDE 1 *W., �Wi- , y,. dr x \ WOOOMONT rpC/�V I© 1 ,-",r" k?. Qy •`s . WE �f. 7 Y O c.vv 3 W I iiG.f4 ^ 4 .., I ire ID 1NW000 I -"• r I ___ 9 _ �; 19 CLAYTON '• PORTAGE TWP_ �_ ' .� _ 24�Ir30 PZOR __.5R._.-- _CENTRE TWP. c2 § :( al 30 A y:i },fr., ' r. s. '1.7;1.- ! c is al J , w i p"•,,,,r" '�v-i�` t "1�` Ill I! .,,,, t o k 3 \ i fit ''''"R E.,,u-+`d�`"1` } } O O O KEVIN SOUTNERNVIF� S �V '.r'` g�RON �� C CT .I PARCEL13 h .-��?./ Q ��I,,fRRYI ,, ,c a r: ' .1 �11 " DEW'S o i =cc a ,�°. 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(w]MATTNEWS p CHALET I A. CT. - \_ 6E•ROI►N (ISJFFMAN / CT. I ( m OR. ' CIS 0 M Ow. 1 (^8E.9\`tea I // . , ..0.Ol fA ir...l .14 St''IRE 1 f f",.AX. !� • REZONING FROM "A" RESIDENTIAL, "A" HEIGHT AND AREA APC #1505-93 TO: "A" RESIDENTIAL, "A" HEIGHT AND AREA PETITION AREA (PARCEL 1 , PARCEL 2, PARCEL 3 AND PARCEL 4) I ! SOUTH BEND ZONING "A" RESIDENTIAL 1 1 "A-2" RESIDENTIAL I 1 "B" RESIDENTIAL It' = =i "C" COMMERCIAL "C-2" COMMERCIAL rte NORTH