HomeMy WebLinkAboutAmending the zoning ordinance for propoerty located at 803 West Washington StreetORDINANCE No. 10438-16
Passed by the Common Council of the City of South Bend, Indiana
June 13, 20 16
Attest:
City Clerk
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 14, 20 16
City Clerk
Approved and signed by me �Y"4 or 30`i-e- 20 /6
ORDINANCE NO. D 3$ ' I tP
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED
AT 803 WEST WASHINGTON STREET, COUNCILMANIC DISTRICT NO. 1 IN THE CITY
OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To rezone property from M171 Urban Corridor Multifamily District to MU Mixed Use District for
a mixed use building with uses such as, but not limited to, offices and residential.
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:
PARCEL I:
A part of Bank Out lot Numbered 31 and 32 of the First Plat of Out Lots of the Town, now City
of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as
follows, viz: Beginning on the north line of Washington Street (now Washington Avenue) in said
City, at a point 24 3/4 feet East of the southeast comer of said Bank Out Lot Numbered 31;
thence running West on the north line of said Washington Avenue a distance of 70 feet; thence
North 198 feet; thence East 70 feet; thence South 198 feet to the place of beginning.
PARCEL II:
A part of Lot 4 in Mary Witherill's Subdivision of Bank Out Lot 32 described as follows:
Beginning at the northwest corner of Lot 4; thence East 28.50 feet along the north line of said Lot
4; thence Southwesterly 43 .60 feet along a line with a deflection angle of 96 °3 7.40" right from
the last described course extended thence Southwesterly 156.30 feet along an arc to the right
having a radius of 909.93 feet and subtended by a long chord having a length of 156.03 feet with
a deflection angle of 1 °06.24" right from the last described course extended to a point on the
South line of Lot 4; thence West 0.37 feet along the South line of Lot 4 to the southwest corner
of said Lot 4; thence North 198.00 feet along the west line of Lot 4 to the point of beginning.
PARCEL III:
Beginning at the intersection of the Westerly right -of -way line of Chapin Street and the North
right -of -way line Washington Street, thence North 89 °- 56' -50" East along said Northerly right -of-
way line projected East, a distance of 6.19 feet; thence North 8 °- 53' -58" East, a distance of 76.25
feet; thence North 11°- 10'-11" East, a distance of 114.09 feet; thence NOlih 4 °- 28' -16" East, a
distance of 11.49 feet to the Southerly line of the 14 foot alley projected East; thence North 90 °-
00'-00" West, a distance of 15.10 feet to the Westerly right -of -way line of Chapin Street; thence
South 70- 25' -20" West along said Westerly right -of -way line, a distance of 200.40 feet to the
place of beginning containing 2053 square feet more or less.
be and the same is hereby established as MU Mixed Use District.
SECTION II. This ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor, an a pu tion.
�e
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the 4� day of
2 b 1 to , at �5 , 30 o'clock 0—. m.
City Clerk
Approved and signed by me on the day of , 2 0Ity , at 4-'00
o'clock . m.
i * uADfNG 4/11 /1 to
PUBLIC HEARINL to / I3 A Ca
3 rd READING 1.2/ 13 / I t0
NOT APPROVED
REFERRED
PASSED 3 tD
Fled in Clerk's Office
MAY 18 7016
KAREEMAH FOWLER
CRY CLERK, SOUTH BEND, IN
EXHIBIT "A"
Filed in Clerk's Office
JUN 13 2016
KAREEiAH FOWLER
CITY CLERK, SOUTH REND, IN
3: 50PM
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL
ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL,
ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE
CITY OF SOUTH BEND 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:
PARCEL I:
A part of Bank Out lot Numbered 31 and 32 of the First Plat of Out Lots of the Town, now City
of South Bend, platted by the State Bank of Indiana, which part is bounded by a line running as
follows, viz: Beginning on the north line of Washington Street (now Washington Avenue) in said
City, at a point 24 3/4 feet East of the southeast comer of said Bank Out Lot Numbered 31;
thence running West on the north line of said Washington Avenue a distance of 70 feet; thence
North 198 feet; thence East 70 feet; thence South 198 feet to the place of beginning.
PARCEL II:
A part of Lot 4 in Mary Witherill's Subdivision of Bank Out Lot 32 described as follows:
Beginning at the northwest corner of Lot 4; thence East 28.50 feet along the north line of said
Lot 4; thence Southwesterly 43 .60 feet along a line with a deflection angle of 96 °3 7.40" right
from the last described course extended thence Southwesterly 156.30 feet along an arc to the
right having a radius of 909.93 feet and subtended by a long chord having a length of 156.03 feet
with a deflection angle of 1 °06.24" right from the last described course extended to a point on
the South line of Lot 4; thence West 0.37 feet along the South line of Lot 4 to the southwest
corner of said Lot 4; thence North 198.00 feet along the west line of Lot 4 to the point of
beginning.
PARCEL III:
Beginning at the intersection of the Westerly right -of -way line of Chapin Street and the North
right -of -way line Washington Street, thence North 89 °- 56' -50" East along said Northerly right -
of -way line projected East, a distance of 6.19 feet; thence North 8 °- 53' -58" East, a distance of
76.25 feet; thence North 11°- 10' -11" East, a distance of 114.09 feet; thence NOIih 4 °- 28' -16"
East, a distance of 11.49 feet to the Southerly line of the 14 foot alley projected East; thence
North 90 °- 00' -00" West, a distance of 15.10 feet to the Westerly right -of -way line of Chapin
Street; thence South 7°- 25' -20" West along said Westerly right -of -way line, a distance of 200.40
feet to the place of beginning containing 2053 square feet more or less.
Also known as 803 West Washington Street.
STATEMENT OF COMMITMENTS:
1. The property will be limited to a maximum of three residential units.
2. The property owner will maintain a written agreement with the property owner of 808 West
Washington (commonly known as The History Museum) to allow use of their parking lot to
manage overflow parking from 803 West Washington.
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 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
# 2781 -16 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 Area Plan Commission
of St. Joseph County.
These COMMITMENTS may be enforced jointly or severally by:
The Area Plan Commission of St. Joseph County;
2. The City of South Bend, Indiana;
3. Owners of all parcels of ground adjoining the real estate within three- hundred
(3 00) feet of the subject parcel and all owners of real estate within the area
included in the petition who were not petitioners for approval;
4. The City of South Bend 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 #2781 -16.
IN WITNESS WHEREOF, Owner has executed this instrument this day of ,
(Organization Owner)
Printed
Title
STATE OF
(Organization Acknowledgment)
)
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:
I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law.
This instrument was prepared by Matthew Chappuies.
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