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HomeMy WebLinkAbout11314-26 Amending the Zoning Ordinance for Property Located at 3501 Blackthorn Court ORDINANCE No . 11314-26 Passed by the Common Council of the City of South Bend, Indiana September 28, 2026 Attest: City Clerk Bianca L. Tirado Attest: 2- .Z.--- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 29, 2026 VittAMV City Clerk //�� Bianca L. Ti ado Approved and signed by me ldt 9 If 6 20 26 /--- 111‘7**-- Mayor 0 /. 1„.I'i'/i�i' '' .r* 1 " '--„, . . - -..., ,,,;?,\. \ t. a ' 1865 • SUBSTITUTE BILL NO. 62-26 ORDINANCE NO. 11314-26 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3501 BLACKTHORN CT COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone the property from Neighborhood Center(NC) District to Commercial (C) 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: Parcel 025-1018-062219—Lot 8 Blackthorn Corp Office Park Major Sub#2 Sec 3; be and the same is hereby established as Commercial (C) SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, 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,Cncil President South Bend Common Council Attest: B nca L. ira , i Clerk Office of the City erk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the 29`h day of_September , 2026, at 12_o'clock p.m. Bia a L. Tirado, it erk Office of the City Cle Approved and signed by me on the t th day of PeA l'' , 2026, at ' o'clock f-.tm. Jam Mueller, Mayor Ci 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 8 as shown on the plat of Blackthorn Corporate Office Park Major Subdivision Number Two, Section Three, recorded July 20, 2000 in the office of the Recorder of St. Joseph County, Indiana. More commonly known as 3501 BLACKTHORN COURT STATEMENT OF COMMITMENTS: The intent of this rezoning is to allow for commercial development on this property that fits with the built environment and character of the surrounding area. 1. The use of Drive-Through Facility shall not be permitted. 2. The use of Gas/Fuel Station shall not be permitted. 3. The use of Retail& Service, General shall not be permitted. 4. The use of Vehicle Sales or Rental shall not be permitted. 5. The use of Vehicle Service, Major shall not be permitted. 6. The use of Vehicle Service, Minor shall not be permitted. 7. Off-premise signs shall not be permitted. 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#0347-26 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; Page 1 of 4 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#0347-26. IN WITNESS WHEREOF,Owner has executed this instrument this_day of (Individual Owner) Signature (Seal) Signature (Seal) Printed Printed (Organization Owner) By Printed Title Page 2 of 4 (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 Mark Dellostritto, Zoning Specialist. Page 3 of 4 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 4 of 4