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Home My WebLink AboutAnnexing & Zoning - Deldora LLC 17716, 17802 & 17830 Ireland RoadORDINANCE No. 10319 -14 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: Presented by me to the August 11, 20 14 City Clerk President of Common Council of the City of South Bend, Indiana August 12, 20 14 Approved and signed by me 11L 5 u s t ( Z— 20T City Clerk ORDINANCE NO. 01 � 1 4 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 PENN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 5 Deldora LLC 17716, 17802 & 17830 Ireland Road Mishawaka, IN 46544 STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation and for the zoning of 20.0± acres located in Penn 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 PART OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 055'00" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 991.56 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 °55'00" EAST ALONG SAID NORTH LINE, 663.13 FEET; THENCE SOUTH 00 001'26" WEST, 1326.25 FEET TO THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 89 049'07" WEST ALONG SAID SOUTH LINE, 207.92 FEET TO THE NORTHERLY RIGHT -OF -WAY OF U.S. 20 BY -PASS; THENCE NORTH 68 001'16" WEST ALONG SAID NORTHERLY RIGHT -OF -WAY, 491.09 FEET TO THE EASTERLY LINE OF CROFOOT MINOR ADDITION, RECORDED IN PLAT BOOK C, PAGE 7 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY; THENCE NORTH 00 002'14" EAST, 934.69 FEET TO THE SOUTHERLY LINE OF THE ORIGINAL TOWN OF HI -VIEW, RECORDED IN PLAT BOOK H, PAGE 1 IN SAID RECORDERS OFFICE; THENCE NORTH 89 °54'11" WEST ALONG SAID SOUTHERLY LINE, 192.01 FEET TO THE WESTERLY RIGHT -OF -WAY OF QUEENSBORO STREET; THENCE NORTH 00002'11 " EAST ALONG SAID WESTERLY RIGHT -OF -WAY, 178.02 FEET TO THE SOUTHERLY RIGHT - OF -WAY OF IRELAND ROAD; THENCE SOUTH 89 °55'00" EAST ALONG SAID SOUTHERLY RIGHT - OF -WAY, 192.01 FEET; THENCE NORTH 00 002'11" EAST, 30.00 FEET TO THE POINT OF BEGINNING, SAID DESCRIBED TRACT CONTAINING 20.0 ACRES, MORE OR LESS, AND SUBJECT TO ANY EASEMENTS, RIGHT -OF -WAYS, 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 some is hereby established as "PUD" Planned Unit Development 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 passage by the Common Council, approy'c)�N Attest: — QLA n City Clerk 30 days from and after its , qr\d legal publication. COUNCIL Presented by me to the Mayor of the City of South Bend, Indiana on the ( L�day ^ of ! Yk- U_S�- , 20A`:L at L , 33 o'clock4L_. M. City CI k I Qe Approved and signed by me on the � L*' day of u , 20(, at o'clock 3,go . .m. � City of South Bend, Ir PUBLIC HEARING—? —Z -g —f(� S�S�- �ll�l+,,� -/fit 3rd READING NOT APPROY0 REFERRER (IV- S�LLl1 PASSM cc Su.�Sice. 7 'office M1,y 2n14 JoFjm v ;., C " i3[r CITY CLERV, B®UTN BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 33 -14 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 PENN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 5 DELDORA LLC 17716, 17802 & 17830 IRELAND ROAD, MISHAWAKA, IN 46544 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. This bill was heard by the Zoning & Annexation Committee. Valerie Schey 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 Penn Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) 1 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: 17716, 17802 & 17830 Ireland Road, Mishawaka, IN 46544 5) The Property Tax Key Number: 014-1167-6171; 014 - 1034 - 058202 and 014 -1034- 058203 6) The name and address of the property owner(s) of the petition site is /are: Deldora LLC, 71447 Forest Eagle Lane, Niles, MI 49120 7) The name and address of the contingent purchaser(s), if applicable: D & S Development, Inc., 16915 Cleveland Road, Granaer, IN 46530 8) The parcel is 19.62+ 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 District To City of South Bend zoning classification: "PUD" Planned Unit Development District for the following use(s): See attached "PUD Land Use Plan" 11) The anticipated "build -out" year for the project: 12) The proposed number of lots: 13) The proposed miles of new roadways: 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: nihon i H le Deldora LL Signed: Address: 71447 Forest Eagle Lane p Niles. MI 49120 Phone Number: ..21, 16) Name, Address, and Phone Number of Contact Person(Preparer (please print): Bradley E. Mosness, PE Abonmarche Consultants, Inc. 750 Lincoln Way East South Bend, IN 46601 (574) 232 -8700 Filed ihY -7 2014 CITYC EF3I�+J: Pt SEND, IN EXHIBIT A PARCEL I: A TRACT OF LAND CONTAINING TWENTY ACRES, MORE OR LESS, TAKEN OFF OF THE ENTIRE WIDTH OF THE NORTH END OF A FIFTY -FIVE ACRE TRACT, WHICH FIFTY -FIVE ACRE TRACT IS DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF SECTION TWENTY -NINE (29), TOWNSHIP THIRTY -SEVEN (37) NORTH, RANGE THREE (3) EAST, EXCEPTING FORTY -FIVE ACRES OUT OF THE NORTHEAST PART OF SAID PREMISES HERETOFORE CONVEYED BY JOHN ROCK TO MERENIAH BECKER BY DEED RECORDED IN DEED RECORD Al, PAGE 179 OF THE RECORDS OF SAID COUNTY, AND ALSO EXCEPTING SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE WEST SIDE OF SAID QUARTER SECTION, THE BALANCE REMAINING AFTER SAID TWO EXCEPTIONS BEING FIFTY -FIVE ACRES, MORE OR LESS, THE FORTY -FIVE ACRES FIRST EXCEPTED BEING DESCRIBED AS FORTY -FIVE ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE NORTH SIDE OF SIXTY ACRES TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE EAST SIDE OF SAID QUARTER SECTION, ALL IN ST. JOSEPH COUNTY, INDIANA. EXCEPTING THEREFROM: THE LAND TAKEN FOR THE US 20 BYPASS INCLUDING ANY PURSUANT TO CAUSE NO. G- 1396 FILED JULY 5, 1974, AND FURTHER DESCRIBED AS FOLLOWS: A PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 3 EAST, COMMENCING AT THE NORTHWEST QUARTER OF SAID QUARTER SECTION; THENCE NORTH 89 043'05" EAST, 992.10 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION; THENCE SOUTH 0 022'00" EAST, 1322.25 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION, WHICH POINT IS ON THE SOUTH LINE OF SAID HALF - QUARTER SECTION; THENCE NORTH 0 022'00" WEST, 179.50 FEET; THENCE SOUTH 68 °25'30" EAST, 476.31 FEET TO THE SOUTH LINE OF SAID HALF - QUARTER SECTION; THENCE SOUTH 89 °26'10" WEST, 441.81 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM: LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION, RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 31, PAGE "S ". PARCEL II: LOT NUMBERED ONE (1) AS SHOWN ON THE PLAT OF STONER'S MINOR SUBDIVISION, RECORDED AUGUST 9, 1976 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 31, PAGE "S ". PARCEL III: LOTS NUMBERED ONE (1) AND TWO (2) AS SHOWN ON THE PLAT OF THE TOWN OF HI- VIEW, RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 16, PAGE "H ". SUBJECT TO LEGAL HIGHWAYS. Filed dry rA `f -7 [014 CITY CL RZ.a� aEP3D,iN I �a�� a lz c "