HomeMy WebLinkAboutAnnexing property located in Centre Township - (US 31 South Annexation). ~ .
ORDINANCE No. a9~9a
Passed by the Common Council of the City of South Bend, Indiana
September 28, 19 98
Attest:
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
September 30, 19
President of Common Council
98
City Clerk
Approved and signed by me
September 30,
19 98
Mayor
.~
ORDINANCE N0. (/ ~ ~~~~~
AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ANNEXING TO THE CITY OF SOUTH BEND
CERTAIN TERRITORY CONTIGUOUS THEREWITH
LOCATED IN CENTRE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA
AND DESIGNATING ZONING CLASSIFICATIONS
OTHER THAN RESIDENTIAL
(US 31 SOUTH ANNEXATION)
STATEMENT OF PURPOSE
The Common Council of the City of South Bend, Indiana, has
determined 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.
This Ordinance having been submitted previously to the South
Bend Common Council, has been amended in conformity with a
revised legal description of the territory proposed to be
annexed.
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, having at least 12.5%,
and specifically approximately 15.1% of its aggregate external
boundaries contiguous 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:
That part of the following quarter sections: southwest and
southeast quarters of Section 26, southwest quarter of
Section 25, northwest, northeast and southeast quarters of
Section 35, northwest and southwest quarters of Section 36,
all in Township 37 North, Range 2 East, Centre Township, St.
Joseph County, Indiana; northeast and southeast quarters of
Section 2, Township 36 North, Range 2 East, Centre Township,
St. Joseph County, Indiana, more particularly described as:
That part of the following quarter sections: southwest and
southeast quarters of Section 26, southwest quarter of Section
25, northwest, northeast and southeast quarters of Section 35,
northwest and southwest quarters of Section 36, all in Township
37 North, Range 2 East, Centre Township, St. Joseph County,
Indiana; northeast and southeast quarters of Section 2, Township
36 North, Range 2 East, Centre Township, St. Joseph County,
Indiana, more particularly described as:
Beginning at a point on the north line of the north right-of-way
line of the St. Joseph Valley Parkway (U.S. 31 by-pass) and the
east line of the Conrail (Penn Central) Railroad right-of-way;
thence south along the east line of the Conrail Railroad right-
of-way to the northwest corner of Lot 1 of Hayes' Jackson Road
Minor Subdivision; thence east along the north line of said Lot
to the northeast corner of said lot; thence south along the east
line of said lot and also being the east line of said subdivision
to the south right-of-way line of Jackson Road; thence east along
said line to the west line of Main Street; thence south along
said line to the west line of U.S. 31 (Dixie Highway); thence
south along said line to the northeast corner of Lot 1 of Landon-
Zimmer Minor Subdivision; thence west 165.11 feet along the north
line of said subdivision; thence northeasterly 132.29 feet along
the east line of said subdivision; thence west along the north
line of said subdivision 590.76 feet to the northwest corner of
said subdivision; thence south along the west line of said
subdivision to the southwest corner of said subdivision; thence
west 1,132.53 feet to the west line of the northeast quarter of
Section 2, T. 36 North, R. 2 East, Center Township, St. Joseph
County, In.; thence south along said west line to the north line
of Weller Heights Addition; thence east along said line to the
northwest corner of Lot 39 of said subdivision; thence north
parallel with the west line of said quarter section 165 feet;
thence east larallel with the north line of said subdivision to
the east right-of-way line of U.S. 31 (Dixie Highway); thence
north along said east line to the northwest corner of Lot 2 of
Landon-Zimmer Minor Subdivision; thence east to the northeast
corner of said lot; thence northeasterly to the southeast corner
of Lot 132 of Whitcomb & Keller's Southmoor addition; thence
northeasterly along the east lines of Lots 1, 2, 131, 130, 129,
45, 44, 43, 42, 41 of said subdivision to the south line of Kern
Road, also being the northeast corner of Lot 41 of said
subdivision; thence east along said line to a point of
intersection with the east line, extended, of the first north
south alley east of U.S. 31 (Dixie Highway) between Lucinda
Street and Kern Road; thence north to the southeast intersection
of said alley and Kern Road and also being the southwest corner
of Lot 781 or Gilmer Park 4th Addition; thence north along said
east line of said alley to the north line of said subdivision;
thence west along said north line to the east line of U.S. 31
(Dixie Highway); thence north along said right-of-way line to the
center line of Jackson Road, and also being the city limits of
South Bend, IN, and also being the south right-of-way line of the
St. Joseph Valley Parkway; thence west, northwest and west along
said right-of-way line to the west line, extended, of Lot 7A of
the Burnett Industrial Park subdivision; thence north to the
southwest corner of Lot 7A; thence west along the north right-of-
way line of the St. Joseph Valley Parkway, and also being the
south line of Lot 8 of said subdivision, to the southwest corner
of said Lot 8, and also being the east right-of-way line of the
Conrail (Penn Central) Railroad; thence south along said line to
the point of beginning.
Section II. That the above-described real estate is at
least 60% subdivided.
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 under the authority of Chapter 21, Article
7, Section 21-128 (a) of the South Bend Municipal Code (Ordinance
No. 4990-68), the zoning classification of a portion of the
annexed real estate described previously in Section I of this
Ordinance, with the exception of all adjacent rights-of-way, be
and hereby is designated as "C" Commercial, "C" Height and Area.
A more specific description of the real estate within the annexed
territory to be so zoned "C" Commercial, "C" Height and Area is
as follows:
AREA 1
That part of the west one half of Section 36, and the east
half of Section 35, Township 37 North, Range 2 East, Centre
Township, St. Joseph County, Indiana, and being more
particularly described as follows:
Beginning at the intersection of the west right-of-way line
of U.S. 31 and the south right-of-way line of Jewel Avenue
for the point to beginning; thence southerly along the west
right-of-way line of U.S. 31 to its intersection with the
right-of-way of Main Street; thence northerly along the east
right-of-way line of Main Street to the south right-of-way
line of Jewel Avenue, thence east along said south right-of-
way line to the point of beginning.
AREA 2
That part of the east one half of the northeast one quarter
of Section 2, Township 36 North, Range 2 East, Centre
Township, St. Joseph County, Indiana, being more
particularly described as follows:
Lot 41, Whitcomb & Keller's Southmoor Addition
AREA 3
That part of the west one half of the southwest one quarter
of Section 36, Township 37 North, Range 2 East, Centre
Township, St. Joseph County, Indiana, being more
particularly described as;
Lots 782 through 786 of Gilmer Park 4th Addition.
AREA 4
That part of the east one half of Section 2, Township 36
North, Range 2 East, Centre Township, St. Joseph County,
Indiana, being more particularly described as follows:
Beginning at the northeast corner of Lot 1 of Landon-Zimmer
Minor subdivision; thence west 165.11 feet along the north
line of said subdivision; thence northeasterly 132.29 feet
along the east line of said subdivision; thence west 590.76
feet along the north line of said subdivision to the
northwest corner of said subdivision; thence south along the
west line of said subdivision to the southwest corner of
said subdivision; thence west 1,131.53 feet, more or less,
to the west line of the northeast quarter of Section 2,
Township 36 North, Range 2 East, thence south along said
west line to the north line of Weller Heights Addition;
thence east along said line to the northwest corner of Lot
39 of said subdivision; thence north parallel with the west
line of said quarter section 165 feet; thence east parallel
with the north line of said subdivision to the west right-
of-way line of U. S. 31 (Dixie Highway); thence north along
said west line to the northeast corner of Lot 1 of Landon-
Zimmer Minor subdivision, being to point of beginning.
Section V. -That under the authority of Chapter 21, Article
7, Section 21-128 (a) of the South Bend Municipal Code (Ordinance
No. 4990-68), the zoning classification of a portion of the
annexed real estate described previously in Section I of this
Ordinance, with the exception of all adjacent rights-of-way, be
and hereby is designated as "D" Light Industrial, "A" Height and
Area. Amore specific description of the real estate within the
annexation area to be so zoned as "D" Light Industrial, "A"
Height and Area is as follows:
AREA 5
That part of the south one half of Section 26, Township 37
North, Range 2 East, Centre Township, St. Joseph County,
Indiana, and being more particularly described as follows:
That portion of the south half of Section 26, Township 37
North, Range 2 East, lying east of the Consolidated Railroad
right-of-way, south of the St. Joseph Valley Parkway, and
north of Jackson Road and Jackson Road extended, exception
therefrom Hayes Jackson Road Minor subdivision.
Section VI. The zoning classification of all other real
estate within the annexed area which has not been specifically
identified and classified under the previous and foregoing
Sections IV, V and VI of this Ordinance, with the exception of
adjacent rights-of-way shall be designated as "A" Residential,
"A" Height and Area, consistent with the Zoning Ordinance of the
City of South Bend, Chapter 21, Article 7, Section 21-128 (a)
(Ordinance No. 4490-68).
Section VII. That the owners of the real estate within that
portion of the annexation area which is classified in this
Ordinance as non-residential "C" or "D" zoning shall be and
hereby are granted an abatement of tax liability to the City of
South Bend over a period of three years as follows:
- 75% of City increment for the first year
- 500 of City increment for the second year
- 25% of City increment for the third year
Section VIII. That the owners of the real estate within
that portion of the annexation area designated as "A" Residential
District "A" Height and Area shall be and hereby are granted an
abatement of tax liability to the City of South Bend over a
period of five years as follows:
- 900 of taxpayer liability in first year
- 80% of taxpayer liability in second year
- 60% of taxpayer liability in third year
- 400 of taxpayer liability in fourth year
- 20°0 of taxpayer liability in fifth year
Section IX. That the previously and fully described
annexation area shall be and hereby is assigned to the Sixth
Councilmanic District of the City of South Bend, Indiana.
Section X. This Ordinance shall be in full force and effect
from and after its passage by the Common Council, approval by the
Mayor, proper legal publication, and shall be subject to a final
site plan that shows a minimum of:
1. A landscaping plan.
2. A dedicated road through the property to the site to
the west.
3. Buffering and landscaping for the Residential land to
the south, west, and north.
4. An access road system that moves traffic through the
site.
5. A minimum 25' landscaped setback along U.S. 31.
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Member, South Bend Common Council
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COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
64-98 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND
CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN
CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (US 31
SOUTH ANNEXATION)
Respectfully report that they have examined the matter and that in their opinion, this bill
has been recommended to the Council favorably, as substituted and amended by inclusion of
language in Section X and correction to legal description.
John Broden
Chairman
1200 COUNTY-CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
PHONE 219/235-9371
FAx 219/235-9021
TDD 219/ 235-5567
CITY OF SOUTH REND STEPHEN J. LUECKE, MAYOR
COMMUNITY ~ ECONOMIC DEVELOPMENT
JON R. HUNT ANN E. KOLATA
EXECUTIVE DIRECTOR DEPUTY EXECUTIVE DIRECTOR
August 11, 1998
Mr. Sean Coleman, President
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Dear Mr. Coleman:
An ordinance proposing to annex to the City of South Bend contiguous temtory, has been filed
as the US 31 South Annexation Area. This 234 +/- acre City-initiated annexation is generally
located south of the St. Joseph Valley Parkway, between Main & Michigan Streets. The
ordinance also proposes to zone the annexed area as "A" Residential, "C" Commercial, and "D"
Light Industrial. The ordinance is a combined annexation and a zoning proposal. Although the
Council is the initiating body, the owners of record of the large commercial developments will be
requested to be present at the public meetings. Final site plans will be required for the
development of the sites.
I am requesting that the public hearing (Second Reading) on the ordinance be scheduled
for September 28,1998. The delay in the Second reading is due to the Fiscal Plan having to be
scheduled before the Board of Public Works, the Board of Public Safety and the Board of Water
Commissioners, in addition to the proposed zoning being heard before the Area Plan
Commission.
Your favorable recommendation is respectfully requested.
If you have any questions, please feel free to contact me at 235-5550. Thank you.
Sincerely,
~- ,
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Larry Ma iozzi, A Istant Director
Division of Planning and Neighborhood Development
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REDEVELOPMENT BUSINESS ASSISTANCE FINANCIAL BL PROGRAM
ANN E. KOLATA Bt DEVELOPMENT MANAGEMENT
219/235-9371 DONALD E. INKS ELIZABETH LEONARD
19/235-9335 BUREAU OF HOUSING PLANNING SL NEIGHBORHOOD
KATHRYN BAUMGARTNER DEVELOPMENT
521 ECLIPSE PLACE PAMELA C. MEYER
219/235-9335 219/235-9475 219/235-9660
FAx: 219/235-9469 FAx: 219/235-9697
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US 31 South
Annexation Area ~
Key: ~I
~~~~ Annexation Area I,
City Limits ',
Prepared by the Division of
Planning & Neighborhood
IJevelopmerit
Map 1 ---
' ~ Area Plan Commission of St. Joseph County
1140 County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
F3pbert W. Sante John W. Byorni
Executive Director Assistant Director
Phone 219 235-9571 Fax 219 235-9813
September 2, 1998
The Honorable Council of (~ I ~~ n /~f ~ / f ' (~ (}
the City of South Bend .I°U1 t~V1 l- ",- (,X
4th Floor, County-City Building
South Bend, IN 46601
Gentlemen:
Please be advised that the Area Plan Commission will bold a public hearing in
the Council Chambers, located on the 4th Floor of the County-City Building, on
Tuesday, September 15, 1998 at 1:30 p.m. local time. At this hearing, the
following will be considered:
A proposed ordinance initiated by the Common Council of the
City of South Bend to zone from "M" Manufacturing to "D"
Light Industrial, "A" Height and Area for property south and
west of the St. Joseph Valley Parkway, on the north side of
Jackson Road; from "B" Business, "C" Commercial, and "R"
Residential to "C" Commercial, "C" Height and Area for
property south of Jewell Avenue betwen Main and Michigan
Streets south to the intersection of Main and Michigan
Streets; from "C" Commercial, to "C" Commercial "C" Height
and Area for property on the east side of U.S. South 31
between Kern Road and Main Streets; from "C" Commercial to
"C" Commercial, "C" Height and Area for property located at
the southeast corner of Kern and U.S. 31 South; and from "R"
Residential and "C" Commercial to "C" Commercial, "C" Height
and Area for property on the west side of U.S. 31 South
approximately 1,500 feet north of Roosevelt Road and 1,700
feet south of Kern Road - APC #1876-98
The rules of the Commission require that you or your representative must be
present at this meeting to represent your petition, or the matter will not be
considered.
If you have any questions, you may contact the Area Plan Commission. A
Commission Staff Report will be available at the Commission office after 1:00
p.m. on Friday, September 4, 1998.
Printed on the reverse side of this notice is an outline of the Commission's
public hearing procedure.
AREA PLAN COMMISSION OF
ST. JOSEPH COUNTY, IN
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CITY CL[ii#', `:7. °"c;~, It.. s
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana