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Home My WebLink About11205-25 Amending the Zoning Ordinance for Property Located at 1037 West Colfax Avenue ORDINANCE No . 11205_25 Passed by the Common Council of the City of'South Bend, Indiana July 14, 20 25 -- j L Attest: fr.----- City Clerk Bianca L. Tirado Attest: (9 - President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 15, 20 25 /', i' c City Clerk ianca L. Tirado Approved and signed by me 4-171 ZZ 20 25 t /14/V - Mayor 0 , -101�fib 4. C; V--M.,y,V)X 4t:X 1 . dal1 4 /865 SUBSTITUTE BILL NO. 32-25 ORDINANCE NO. 11205-25 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 (U1) 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-�.la� .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 J. Lee, Council President South Bend Common Council Attest: tuAi Bianca L. Tirado, City rk 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 15th _day of July , 2025, at 12 o'clock p.m. Bianca L. Tir o, y Clerk Office of the City Clerk h Approved and signed by me on the ii day of Ju , 2025, at 3 o'clock .m. V Ja s Mueller, Mayor C' y of South Bend, Indiana - 2 - 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