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HomeMy WebLinkAbout32-25 Amending the Zoning Ordinance for Property Located at 1037 West Colfax Avenue (Substitute) OcN0?LANCO�i County-City Building �� Irs City of South Bend 227 W.Jefferson Blvd. 1400S o 'O South Bend, IN 46601 y PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning July 14, 2025 Filed in Clerk's Office Honorable Committee Chair Davis 4th Floor, County-City Building JUL 1 4 2025 South Bend, IN 46601 Bianca Tirado City Clerk, South Bend, IN RE: 1037 Colfax Ave— Bill#32-25 Dear Committee Chair Davis: At the June 16, 2025 Plan Commission meeting, the Commission conditioned the rezoning of Bill#32-25 on written commitments that would limit the developable space and uses. Working with the petitioner, staff developed the attached Written Commitments for this rezoning. The Commitments restrict the developable space to fit the context of the built environment in the neighborhood and limit the uses outside of the uses intended for this parcel in the Neighborhood Plan. If you have any questions, please feel free to contact our office. Sincerely, OfrilAID Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President Filed in Clerk's Office SUBSTITUTE BILL NO. 32-25 JUL 4 2025 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1037 W COLFAX AVENUE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Urban Neighborhood 1 (U 1) District to Urban Neighborhood Flex (UF) District NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: EX RR LOT 50 ROCKAFELLERS 2ND ADD be and the same is hereby established as Urban Neighborhood Flex (UF) District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments,if-applieable.as stated in Exhibit A SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado, City 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 day of , 2025, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at _ o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - Filed in Clerk's Office .ht 1 4 2025 Bianca Tirado City Clerk, South Bend, IN COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36-7-4-1015 or I.C. 36-7-4-1016, the Owner of the real estate located in South Bend, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: All that part of Lot or Portion of Lot 50 as show on the plat of Joseph Rockefellers Second Addition recorded January 7, 1873 in the office of the Recorder of St. Joseph County, Indiana, plat book 3 page 18 lying South of the Chicago Lakeshore and South Bend Railway Company right-of-way which part or parcel is more particularly described as follows Beginning at a point of the East line of said Lot numbered 50, 138 feet North of the Southeast corner of Said Lot; thence South 138 feet to the said Southeast corner of Said Lot; then West to the Southwest corner of Said Lot; thence North on said West line of Said Lot; 99 feet thence Northeasterly to the point of the beginning. More commonly known as 1037 WEST COLFAX AVENUE STATEMENT OF COMMITMENTS: The intent of this rezoning, together with the following commitments, is to preserve the built form of the U 1 Urban Neighborhood 1 District while permitting Professional Offices, Personal Care& Services, and Medical/Dental Clinic uses. 1. The use of Animal Care Establishment shall not be permitted 2. The use of Bar/Tavern shall not be permitted 3. The use of Bed& Breakfast shall not be permitted 4. The use of Day Care Center shall not be permitted 5. The use of Dwelling, Multi-Unit shall not be permitted 6. The use of Funeral Service shall not be permitted 7. The use of Hotel shall not be permitted 8. The use of Parks & Open Space shall not be permitted 9. The use of Parking Lot shall not be permitted 10. The use of Private Club/Lodge shall not be permitted 11. The use of Residential Care Facility shall not be permitted 12. The use of Restaurant shall not be permitted 13. The use of Retail& Service, General shall not be permitted 14. The use of School, Pre-K/Primary/Secondary shall not be permitted 15. The use of Shared Housing shall not be permitted 16. The minimum lot width shall be 30' 17. The front setback for any new building shall be 15' 18. The minimum rear building setback shall be 20' Page 1 of 5 19. The maximum building coverage shall be 50% 20. The maximum building height shall be 35' 21. The maximum building height shall be 2.5 stories 22. The maximum fence height in the side and rear yards shall be 6' 23. The maximum height for a sign for a non-residential use shall be 6' 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 decision of the South Bend Plan Commission made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition PC#0257-25 pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the South Bend Plan Commission. These COMMITMENTS may be enforced jointly or severally by: 1. The South Bend Plan Commission; 2. The City of South Bend, 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 The undersigned hereby authorizes the Staff of the South Bend Plan Commission to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition PC#0257-25. IN WITNESS WHEREOF, Owner has executed this instrument this_day of (Individual Owner) Signature (Seal) Signature (Seal) Printed Printed Page 2 of 5 (Organization Owner) By Printed Title Page 3 of 5 (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 , 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 Timothy P. Staub, Zoning Specialist. Page 4 of 5 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. Page 5 of 5 0�� ?LANCO,� County-City Building 4,4-1 City of South Bend 227 W.Jefferson Blvd. 1400S o ° South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning F'rAeusnEo zoo May 21, 2025 Honorable Committee Chair Davis Filed in Clerk's Office 4th Floor, County-City Building South Bend, IN 46601 ` � I e , Bianca Tirado RE: 1037 Colfax Ave— PC#0272-25 City Clerk, South Bend, IN Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 28, 2025, Council meeting, and set it for public hearing at your June 23, 2025, Council meeting.The petition is tentatively scheduled for public hearing at the June 16, 2025, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Change the parcels zoning from Urban Neighborhood 1 (U1) to Urban Neighborhood Flex (UF) If you have any questions, please feel free to contact our office. Sincerely, r ID Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President (roLANco� County-City Building Aso City of South Bend 227 W.Jefferson Blvd. 1400S * Z South Bend, IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning rSJgBLiS,+E);c'p Filed in Clerk's Office Wednesday,June 18,2025 J U L 0 9 2025 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4th Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#32-25 - A proposed ordinance of MIATT PROPERTIES LLC to zone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex,property located at 1037 COLFAX AVE,City of South Bend-PC#0257-25 Dear Council Members: I hereby Certify that the above referenced ordinance of MIATT PROPERTIES LLC was legally advertised on June 6,2025 and that the South Bend Plan Commission at its public hearing on June 16,2025 took the following action: Upon a motion by Sarah Barber, being seconded by Dr. Oliver Davis and unanimously carried, a proposed ordinance of MIATT PROPERTIES LLC to zone from Ul Urban Neighborhood 1 to UF Urban Neighborhood Flex,property located at 1037 COLFAX AVE,City of South Bend,is sent to the Common Council with a FAVORABLE recommendation, subject commitments per 21-12.07(f)(7). The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, CrAL Timothy Staub Zoning Specialist Attachment CC: MIATT PROPERTIES LLC Bob Palmer Tim Corcoran Tim Corcoran Jason Piontek Planning Director Interim Zoning Administrator Commission President Staff Report— PC#0257-25 June 16, 2025 Property Information Location: 1037 COLFAX AVE Owner: MIATT PROPERTIES LLC Requested Action Rezone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex Project Summary Rezoning U1 to UF to allow for office space in a detached house. Location Map 7,- _ 1, : T 4 ! I I • '4,,,,„: r t s _ , i • •_ ..... . . , . _ s .,. ... _ . ,, • • . . -41 .. . 1 13iiiismodhis-* _ ' ', -,,. a 1 W COLFAX AVE r ii_ I as RORII' Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with an unfavorable recommendation SOUTH BEND PLAN COMMISSION Page 1 of 4 Ln N O N CO CO 71- Site Plan - 1037 W Colfax Ave N CD • S : U1 U1 03 CL ik u1 0''' fie. ✓:mi I 9 OS - U1 U1 OS ' U1 { OS / W U1 U1 OS OS C __I m ? W u 1 r rr-- Z ' ' W COLFAX AVE O V) � 0 CV 5/19/2025,1:56:27AM 1:1,128 U O 1 I Parcel 2023_Aerials City of South Bend Zoning Public 0 0. 0.01 0.02 mi It Street Labels I ti •. ' d i ti r Z C El Red: Band_1 0 Urban Neighborhood 1 n City Limits 0 0.01 0.02 0.04 km Q Esri Communily Maps ConrrlWmel,UnrveleYV nt Notre piM,51 Joaapl, 11 Green:BanO_2 Orion Space cwrmy GIs. e+ rhrrn5ne•IMap. Mierown, Esrl. Sanibel. Gam,a. CL i . Blue: Band_3 coy•,I South cam•Department of community mvesonenl 0 Q. w Ind maps to Sc used .etere,oe only and does not a.,shiud an mrr,al dunes or reopen.,rrnes.Th.s map semud ba used r,r pranr.my purpasos only.nr"ade contact the Depa,lme�t or enmm„ndy',estment tm mote omamat'dn.57012ese022 z W 0) m 9 CD f— IA D - 0 O U) 0.. 0 0 Cn L a Staff Report-PC#0257-25 6/16/2025 Site & Context Land Uses and Zoning: On site: A vacant detached house North: Across LaSalle Avenue, detached homes zoned U1 East: Detached homes zoned U1 South: Across Colfax Avenue, detached homes zoned U1 West: Across LaSalle Avenue, the South Bend City Cemetery zoned OS District Intent: The U3 District is established to provide for, promote, and maintain the development of a full range of housing types located near neighborhood centers and along major streets in urban neighborhoods in core and outlying areas of the City. Site Plan Description: Converting a vacant detached home into office space. Zoning and Land Use History and Trends: It has been a detached house since its construction in 1902, replacing a smaller house that was built there prior. The garage was established sometime between 1917 and 1945. The front porch was enclosed sometime between 1960 and 2007. Traffic and Transportation Considerations: At this site, Colfax Avenue varies in width from 30' to 38' with on-street parking. LaSalle Avenue is about 22' in width to the west with no on-street parking. Parking for the Cemetery is across the LaSalle Avenue. The property is served by a garage and driveway fronting Colfax Avenue. It is served by Transpo Route 2, with a stop at Washington and Elm Streets less than a quarter mile away. Agency Comments Agency Comments: No additional comments at this time Staff Comments: No additional comments at this time Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: This application is inconsistent with the South Bend City Plan (2006) Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential, which would allow for a range of neighborhood-scaled residential housing types. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0257-25 6/16/2025 Plan Implementation/Other Plans: In the Near West Side Neighborhood Plan (2002), the plan identifies it for residential use. Rezoning of this property to Urban Neighborhood 2 (U2)would be supported. 2. Current Conditions and Character: Colfax Avenue is made up of detached homes within the U1 District. The adjacent City Cemetery is zoned OS. 3. Most Desirable Use: The most desirable use for this property within the current zone is low to medium density residential housing. 4. Conservation of Property Values: Retaining a house at this property should conserve the value of the surrounding properties. 5. Responsible Development and Growth: Responsible development of this property would be the continuity of housing with densities up to that permitted in the U2 District. Analysis & Recommendation Commitments: No commitments are proposed at this time Analysis: Rezoning this property from U1 to OF is not supported in the Near West Side Neighborhood Plan. The plan, developed through a public engagement process, established a future land use plan that reflects the desired development pattern of the neighborhood. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with an unfavorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4 �p PLAN c0 ��� \� County-City Building o �o City of South Bend 227 W.Jefferson Blvd. 1400S J 'r South Bend,IN 46601 PLAN COMMISSION (574) 235-7627 www.southbendin.gov/zoning 4--448LISMED ie Filed in Clerk's Office Wednesday,June 18,2025 JUN 1 $ 2025 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4`h Floor City Clerk, South Bend, IN South Bend, IN 46601 Re: Bill#32-25 - A proposed ordinance of MIATT PROPERTIES LLC to zone from U 1 Urban Neighborhood 1 to OF Urban Neighborhood Flex,property located at 1037 COLFAX AVE,City of South Bend-PC#0257-25 Dear Chair Dr. Oliver Davis&Council Members: The petitioner(MIATT PROPERTIES LLC) for Bill#32-25 has requested the petition be tabled until the July 14`h,2025 Committee and Council meetings. Sincerely, OirAtti Timothy Staub Zoning Specialist Attachment CC: MIATT PROPERTIES LLC Bob Palmer Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Acting Commission President Filed in Clerk's Office BILL NO. 32-25 MAY 2 1 2025 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1037 W COLFAX AVENUE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Urban Neighborhood 1 (U 1) District to Urban Neighborhood Flex (UF) District NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby 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: EX RR LOT 50 ROCKAFELLERS 2ND ADD be and the same is hereby established as Urban Neighborhood Flex (UF) District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City 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 day of , 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - Filed in Clerk's Office City of South Bend MAY 2 1 2025 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION Bianca Tirado zor�in na southben 9 din. ov City Clerk, South Bend,IN 9 Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 71-08-11-133-007.000-026 Address:1037 W Colfax Avenue, South Bend, IN 46616 Owner: Miatt Properties LLC Legal Description: Beginning at a point on the East line of said Lot Numbered 50, 138 feet North of the Southeast corner of said Lot; thence South 138 feet to the said Southeast corner of said Lot;thence West to the Southwest corner of said Lot; thence North on said West line of said Lot, 99 feet;thence Northeasterly to the point of beginning. Project Summary ECEIV E To re-purpose long-term vacant house to a small-scale office space MAY 1 9 2025 BY Requested Action Application includes (check all that apply) ✓❑ Rezoning � Current District: U1 Urban Neighborhood I I"I Additional Districts, if applicablE Proposed District:UF Urban Flex Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction;and (5) Responsible development and growth. ❑ Subdivision —complete and attach subdivision application ❑ Special Exception — complete and attach Criteria for Decision Making Use requested: ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents ✓ Completed Application (including Contact Information) ✓ Site Plan drawn to scale ✓ Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Miatt Properties LLC Address: 1822 E Fox Street South Bend, IN 46613 Name: Address: Name: Address: Contact Person: Name: Myra Reid Address: 1822 E Fox Street South Bend, IN 46613 Phone Number: 574.229.9446 miattproperties@gmail.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: M y ra Reid Digitally signedby Myra Reid Date:2025.05.19 10:28:02 -04'00' Site Plan - 1037 W Colfax Ave 1. U1 4 r r d • r U1 U1 OS U1 OS ,st:, OS / W OS OS > U1 U1 Q 1 1 OS 3 I ' —1 _ Uri ;_ W COLFAX AVE 5/19/2025, 1:56:27 AM 1:1,128 0 0.01 0.01 0.02 mi I I Parcel 2023_Aerials City of South Bend Zoning Public Street Labels I ti ' . ` d t ,- r l • 1 II Red: Band_1 Urban Neighborhood 1 City Limits 0 0.01 0.02 0.04 km 1111 Green:Band_2 `=:- Open Space Esn Community Maps Contrl'011lon m.University of Notre Dae,St Joseph CountyGIS. © 0penStreelldep. mama. Esn. TomTorn. Garmin. III Blue: Band_3 City of South Bend-Department of Community investment This map is to be used for reference only and does not constitute an official survey of property lines.This map should be used for planning purposes only.Please contact the Department of Community Investment for more informaliion(574)245-6022