Amending Chapter 21, Article 5, Entitled off-street parking and loading facilites, division 3.

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Area Plan Commission of St. Joseph County '` ~~ ~ 1140 County-City Building South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 October 22, 1997 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 13u ~ ~~cn. ~ RE: A proposed ordinance initiated by the Common Council of the City of South Bend Indiana, amending various sections within Chapter 21, Article 5, entitled off-street parking and loading facilities, of the South Bend Municipal Code, designating the East Bank Parking Exempt District - APC #1794-97 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on October 9, 1997. The Area Plan Commission at its public hPar;na nn n~rnhPr 21. 1997. took the following action: Upon a motion by Carl Littrell, being seconded by Joseph Serge and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend Indiana, amending various sections within Chapter 21, Article 5, entitled off-street parking and loading facilities, of the South Bend Municipal Code, designating the East Bank Parking Exempt District, as amended, is sent to the Common Council with a favorable recommendation,'subject to any necessary revisions to the legal description and a commitment on the part of the City to construct the necessary off-street parking facilities as they become needed. The Commission has serious reservations about this proposed ordinance due to the potential for conflicts among property owners within the district because some property owners will provide the necessary parking for their establishments while other owners will not. This may result in the customers of those establishments which do not provide adequate parking using the parking lots of those businesses which do. The City has already seen instances of this in the East Bank area. There is also a potential that some nearby residential areas may be seriously impacted because of shortages of parking within the district. The Central Business District is currently exempt from parking requirements, but sufficient parking is provided by parking garages and surface lots. At night, many of these facilities are open for use by the public patronizing the entertainment district. A similar arrangement is necessary for the East Bank area if parking is to be exempted for the individual uses. The Commission would not normally encourage the wholesale elimination of parking requirements in commercial areas since the present variance procedure is a reasonable method for granting relief where it is warranted; however, the current proposal is part of the City's overall plan for the East Bank and might help to achieve the objective of creating a unique pedestrian-oriented residential/commercial area. PLEASE NOTE that the Ordinance has been amended by the petitioner different than that used for the Common Council's first reading. amended Ordinance was the Ordinance legally advertised and heard Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana and is The