The URL can be used to link to this page

Home My WebLink About10639-19 1405 & 1505 East Howard Street Rezoning ORDINANCE No . 10639-19 Passed by the Common Council of the City of South Bend, Indiana January 14, 19 20 Attest: _Oa City Clerk Karee ah N. Fowle Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 14, 19 20 City Clerk Kareemah N Fowler Approved and signed by me -34(k0-41r V 5 20 i I Mayor BILL NO. 59-18 ORDINANCE NO. b(1/39—1 I AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1405 & 1505 EAST HOWARD STREET, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from SF2 to MF1 for single-family and multifamily homes. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Ordinance No. 9495-04, is 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 following described real estate in the City of South Bend, St. Joseph County, State of Indiana: 1405 East Howard Street: The West Half of a tract of land containing five (5) acres described as follows: Beginning as a point 14.40 chains South of the Northeast corner of the South Half of the Northwest Quarter of Section 6, Township 37 North, Range 3 East; thence running North 20 rods; thence West 40 rods; thence South 20 rods; thence East 40 rods to the place of beginning. Containing 2 '/z acres, more or less. 1505 East Howard Street: A parcel of land located in the South Half of the Northwest Quarter of Section 6, Township 37, Range 3 East, described as follows: Beginning at a point on the North line of Howard Street, 107 feet West of the West Line of Twyckenham Drive; thence North 134 feet; thence West 50 feet; thence North 171 feet; thence West 133 feet; thence South 305 feet to the North line of Howard Street; thence East 183 feet to the place of beginning. be and the same is hereby established as MF 1 Urban Corridor Multifamily District. SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and lega . • ication, .1 : • 11 execution of any conditions or Commitments placed upon the a.prov: . Tim Scott, ' . cil Presi i en- South Bend Common Council Attest: //1 A_ ,.. / //_r K. mem A N. Fowler, ( it Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the 10 day of JAn ,2019, at 09— o'clock m. Ka emah N. FoTler, City Clerk Office of the City Clerk df- Approved and signed by me on the 15 day of JaI U , 2019, at )—o'clock �.m. Pete Butti =:, ayor City o outh Bend, diana 11-t2 NOT ,-`4 �l v► 1 PROVED REFERRED PASSED Q -b i,,1\ 51-1?) (1:104-flitS) COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE ST. JOSEPH COUNTY ZONING ORDINANCE In accordance with I.C. 36-7-4-1015,the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: 1405 East Howard Street: The West Half of a tract of land containing five (5) acres described as follows: Beginning as a point 14.40 chains South of the Northeast corner of the South Half of the Northwest Quarter of Section 6, Township 37 North, Range 3 East; thence running North 20 rods; thence West 40 rods; thence South 20 rods; thence East 40 rods to the place of beginning. Containing 2 1/2 acres, more or less. 1505 East Howard Street: A parcel of land located in the South Half of the Northwest Quarter of Section 6, Township 37, Range 3 East, described as follows: Beginning at a point on the North line of Howard Street, 107 feet West of the West Line of Twyckenham Drive; thence North 134 feet; thence West 50 feet; thence North 171 feet; thence West 133 feet; thence South 305 feet to the North line of Howard Street; thence East 183 feet to the place of beginning. STATEMENT OF COMMITMENTS: 1. The buildings fronting Howard Street will have a maximum height of 35 feet and 2 and 1/2 stories. 2. A north-south sidewalk will be provided on the west side with public access to Fredrickson Park on the northwest corner of the project site. 3. Type B Perimeter Landscaping will be provided on the east side of the property abutting the drive and parking area. 4. Type A Perimeter Landscaping will be provided along Howard Street. 5. The curb cut on the west side of the project will line up with Jacob Street. These COMMITMENTS shall run with the land, be binding on the Owner of the above- described real estate, subsequent owners of the above-described real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a E:\ZONING\2018\Petitions(Active)\2881-18(SB) 1405 and 1505 Howard\2881 Written Commitments.DOC decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition APC #2881-18 pursuant to the St. Joseph County Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. St. Joseph County, Indiana; 3. Owners of all parcels of ground adjoining the real estate within three-hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and 4. St. Joseph County Attorney, Zoning Administrator, appropriate enforcement official, and other specially affected persons designated in such commitments. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition APC #2881-18. IN WITNESS WHEREOF, Owner has executed this instrument this day of (Individual Owner) Signature (Seal) Signature (Seal) Printed Printed E:\ZONING\2018\Petitions(Active)\2881-18(SB)1405 and 1505 Howard\2881 Written Commitments.DOC (Organization Owner) By Printed Title (Individual Acknowledgment) STATE OF ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of Signature Printed County of Residence My Commission expires: (Organization Acknowledgment) STATE OF ) ) SS: COUNTY OF ) Before me, a Notary Public in and for said County and State, personally appeared , the of E:IZONING\20I8\Petitions(Active)\2881-18(SB)1405 and 1505 Howard\2881 Written Commitments.DOC , a(n) , Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this day of Signature Printed County of Residence My Commission expires: This instrument was prepared by Jordan Wyatt, Area Plan Commission. I affirm under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Jordan Wyatt. E:\ZONING\2018\Petitions(Active)\2881-18(SB)1405 and 1505 Howard\2881 Written Commitments.DOC