The URL can be used to link to this page

Home My WebLink AboutBill 09-16 Rezoning/Annexation 22027 State Road 23 (Cataldo Area)LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 23S -9S71 April 20, 2016 South Bend Common Council 4'' Floor, County -City Building South Bend, IN 46601 RE: Bill #09 -16 Rezoning: 22027 State Road 23 Dear Council Members: The Area Plan Commission held a public hearing on April 19, 2016 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, April 25, 2016. Ordinance & Petition Amendments: None Public Hearing Summary: There was no one present to speak in favor or against the petition. If you have any further questions, please feel free to contact me at (574) 235 -9571. Sincerely, Matthew C ppuies Planner CC: Kathleen Cekanski- Farrand Filed in Cler ' °— office APR 2 0 2016 KAREEMAt -; P LeR CITY CLERK, S�UTy 8ED9 !f ,.,.., SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E P H C O U N T Y I N D ]ANA. C O M/ A R E A P L A N _"'w 4=0 10;04 LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 27 W. JEF ER$O B VD. ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 ) 235 -9571 Wednesday, l pril0, `2016 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Bruno & Rosa Cataldo to zone from A: Agricultural District (County) to CB Community Business District (City), property located at 22027 State Road 23, City of South Bend - APC# 2774 -16. Dear Council Members: I hereby Certify that the above referenced ordinance of Bruno & Rosa Cataldo was legally advertised on Thursday, April 07, 2016 and that the Area Plan Commission at its public hearing on Tuesday, April 19, 2016 took the following action: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the proposed ordinance of Bruno & Rosa Cataldo to zone from A: Agricultural District (County) to CB Community Business District (City), property located at 22027 State Road 23, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this property to CB Community Business District will provide a logical connection between the industrial property to the east and the commercial node at the intersection of State Road 23 and the U.S. 31 bypass. 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. Sincerely ('—) /&,- , Lawrence P. Magliozzi Attachment CC: Bruno & Rosa Cataldo Abonmarche Consultants, Inc. Filed in Ci arf's Office APR 2 0 20,6 I�rr I iVi `4 FO'v'JI_ER ✓r'jrJnf TLI E c ND, IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T J O S E PH CO U N T Y 1 NO IAN A. C O M/ A R E A P L A N ORDINANCE NO. 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 PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRCIT NO. 6, FOR 22027 STATE ROAD 23, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONER SEEKING TO ANNEX AND REZONE PROPERTY FROM A: AGRICULTURAL DISTRICT IN UNICORPORATED ST. JOSEPH COUNTY TO CB COMMUNITY BUSINESS DISTRICT WITHIN THE CITY OF SOUTH BEND FOR A GAS STATION, CONVENIENCE STORE, AND CB USES. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. 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 EAST HALF OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 2 EAST, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 21, 421.68 FEET NORTH OF THE CENTERLINE OF STATE ROAD 23; THENCE SOUTH 88 °24' WEST, 768.80 FEET; THENCE SOUTH, 795.81 FEET TO THE NORTHWESTERLY RIGHT -OF -WAY LINE OF STATE ROAD 23; THENCE SOUTHEASTERLY, 175 FEET, MORE OR LESS TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF STATE ROAD 23; THENCE NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT -OF -WAY, 794 FEET, MORE OR LESS, TO A POINT ON THE EAST LINE OF SAID EAST HALF; THENCE NORTH ALONG SAID EAST LINE, 470 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 12.8 ACRES, MORE OR LESS AND SUBJECT TO EASEMENTS, COVENANTS, AND RIGHT -OF -WAY 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 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 hereby is amended in order that the zoning classification of the above described real estate, with the exception of all adjacent right -of -ways, in the City of South Bend, St. Joseph County, Indiana be and the same is hereby established as CB 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 Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. 1 st RENDING FUELC !'. ".i'G arc, `T r E-D SED City Clerk day of Mayor, City of South Bend, Indiana 2 , at Filed in Clerk's Office FEB 03 E 2016 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN