HomeMy WebLinkAbout11-09-09 Common Council Meeting Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL
MONDAY, NOVEMBER 9, 2009
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
6. REPORTS OF CITY OFFICES
7. RESOLVE INTO THE COMMITTEE. OF THE WHOLE TIME:
BILL N0.
54-09 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT
DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED
UNIT DEVELOPMENT DISTRICT, TO REVISE THE
CRITERIA USED IN DETERMINING MAJOR/MINOR
CHANGES TO APPROVED SITE PLANS AND REMOVING
TIME LIMITS TO OBTAIN SECONDARY APPROVAL
68-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT THE
SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND
MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628,
COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF
SOUTH BEND, INDIANA
69-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 109 GARST
STREET, COUNCILMANIC DISTRICT 6, IN THE CITY
OF SOUTH BEND, INDIANA
74-09 PUBLIC HEARTNG ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH
FELLOWS STREET, SOUTH BEND, INDIANA 46614,
COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH
BEND, INDIANA
57-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST.
PETER ST., COUNCILMANIC DISTRICT 4, IN THE
CITY OF SOUTH BEND, INDIANA
83-09 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING ORDINANCE #9907-09 TO CHANGE THE
MUNICIPAL CODE SECTION FROM 2-170.13 TO 2-
170.14
84-09 PUBLIC HEARING ON A BILL OF THE' COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $76,000.00 FROM GENERAL FUND
#101 TO PURCHASE AND SPECIALLY EQUIP THREE
POLICE VEHICLES
85-09 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
APPROPRIATING $2,463,435 FROM THE COMMUNITY
DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE
OF DEFRAYING THE EXPENSES OF THE DEPARTMENT
OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE
CITY OF SOUTH BEND, INDIANA, AND DESIGNATED
SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR
BEGINNING JANUARY 1, 2010, TO BE
ADMINISTERED THROUGH THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT
86-09 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
TRANSFERRING $200,000 AMONG VARIOUS ACCOUNTS
WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE
DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT
8. BILLS, THIRD READING TIME:
BILL NO.
54-09 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 5 PLANNED UNIT
DEVELOPMENT DISTRICT; SECTION 21-05 PLANNED
UNIT DEVELOPMENT DISTRICT, TO REVISE THE
CRITERIA USED IN DETERMINING MAJOR/MINOR
CHANGES TO APPROVED SITE PLANS AND REMOVING
TIME LIMITS TO OBTAIN SECONDARY APPROVAL
68-09 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT THE
SOUTHEASTERLY CORNER OF CLEVELAND ROAD AND
MAYFLOWER -ROAD, SOUTH BEND, INDIANA 46628,
COUNCILMANIC DISTRICT N0. 1, IN THE CITY OF
SOUTH BEND, INDIANA
69-09 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 109 GARST
STREET, COUNCILMANIC DISTRICT 6, IN THE CITY
OF SOUTH BEND, INDIANA
74-09 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH
FELLOWS STREET, SOUTH BEND, INDIANA 46614,
COUNCILMANIC DISTRICT 5 IN THE CITY OF SOUTH
BEND, INDIANA
57-09 THIRD READING ON A BILL AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST.
PETER ST., COUNCILMANIC DISTRICT 4, IN THE
CITY OF SOUTH BEND, INDIANA
83-09 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING ORDINANCE #9907-09 TO CHANGE THE
MUNICIPAL CODE SECTION FROM 2-170.13 TO 2-
170-.14
89-09 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $76,000.00 FROM. GENERAL FUND
#101 TO PURCHASE AND SPECIALLY EQUIP THREE
POLICE VEHICLES
85-09 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND,
APPROPRIATING $2,463,435 FROM THE COMMUNITY
DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE
OF DEFRAYING THE EXPENSES OF THE DEPARTMENT
OF COMMUNITX AND ECONOMIC DEVELOPMENT OF THE
CITY OF SOUTH BEND, INDIANA, AND DESIGNATED
SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR
BEGINNING JANUARY 1, 2010, TO BE
ADMINISTERED THROUGH THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT
86-09 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
TRANSFERRING $200,000 AMONG VARIOUS ACCOUNTS
WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE
DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT
9. RESOLUTIONS
BILL N0.
09-72 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 1101 EAST
JEFFERSON BOULEVARD ALSO KNOWN AS 1113 ~
JEFFERSON BOULEVARD, SOUTH BEND, INDIANA
09-60 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 616 N. ST. PETER
STREET
09-73 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOW AS VACANT LAND
IMMEDIATELY BEHIND 2630 PRAIRIE AVENUE
(PRAIRIE APARTMENTS-PHASE II) AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (10)
TEN-YEAR REAL PROPERTY TAX ABATEMENT FOR
PRAIRIE APARTMENTS HOUSING PARTNERS II,L.P.
09-74 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATTNG CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 1015 NORTH
FRANCES STREET AS RESIDENTIALLY DISTRESSED
AREAS FOR PURPOSES OF A (5) FIVE-YEAR
RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR
PETER AND NANCY KILPATRICK
10. BILLS, FIRST READING
RTT~T~ NQ.
87-09 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING THE SUM OF $450,000.00 FROM
EMERGENCY SERVICE CAPITAL IMPROVEMENT FUND
N0. 288 FOR THE PURCHASE OF EMERGENCY DRIVER
TRAINING SIMULATORS PURSUANT TO A U.S.
DEPARTMENT OF HOMELAND SECURITY GRANT
88-09 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $462,457.00 FROM THE
NONREVERTING LOSS RECOVERY FUND (#227) IN
2009 FOR VARIOUS EXPENDITURES
89-09 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $177,750.00 FROM THE GENERAL
FUND (#101) IN 2009 FOR THE OFFICE OF ENERGY
90-09 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,.
AMENDING THE ZONING ORDINANCE AND
ESTABLISHING HISTORIC LANDMARK STATUS FOR
THE STRUCTURE AND REAL PROPERTY KNOWN AS THE
RUSHTON APARTMENTS AND LOCATED AT 501 WEST
WASHINGTON, IN THE CITY OF SOUTH BEND,
INDIANA
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT
TIME•
Area Plan Commission of St. Joseph County
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571
Octobcr 2~, 200
Derek D. Dieter, President
South Bend Common Council
Fourth Floor, County-City Building
227 W. Jefferson Boulevard
South Bend, IN~ 46601
Fax 574 235-9813
RE: Bill No. 54-09: Area Plan Commission Initiated Petition to Amend PLJD Section
of the City of South Bend Zoning Ordinance - APC 2527-09
Dear Mr. Dieter:
Please accept this letter as our request to withdraw Bill No. 54-09 from consideration by
the Common Council. Rather than trying to make amendments. to the present proposal by
the Council's November 9, 2009 meeting, the Commission would prefer to review the
comments made by Council members and craft a revised ordinance for presentation at a
later date.
If you have any questions, please feel free to contact me.
Sincerely,
.~
LVl (/V .
O W. ByOrnl
~i~~tm~~ ~~~t~~e
~i~~~ l~
qC~t 2 g 2009
C1T'r C1.Efik, ~~`. BES3D,
1140 County-City Building
South Bend, Indiana 46601
www.stjosephcountyindiana.com/areap Ian
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Area Plan Commission ®f St. J®seph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
October 21, 2009
~,~ ~~
The Honorable Council of the City of
South Bend
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Brick Road, LLC to zone from LI Light Industrial District to CB
Community Business District, property located at the southeasterly corner of Cleveland
Road and Mayflower Road, City of South Bend - APC# 2534-09
Dear Council Members:
I hereby Certify that the above referenced ordinance of Brick Road, LLC was legally advertised
on Thursday, October 8, 2009 and that the Area Plan Commission at its public hearing on
Tuesday, October 20, 2009 took the following action:
Upon a motion by John DeLee, being seconded by Donna Chamblee and
unanimously carried, the proposed ordinance of Brick Road, LLC to zone from LI
Light Industrial District to CB Community Business District, property located at the
southeasterly corner of Cleveland Road and Mayflower Road, City of South Bend is
sent to the Conunon Council with a favorable recommendation. Properties along
Cleveland Road have developed into a mix of industrial and office uses. This project
will add a commercial node, supporting the businesses along Cleveland Road and the
nearby residential areas to the north.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the minutes of the public hearing, and will be forwarded to you at a later
date to be made a part of this report.
Sincerely,
W. Byorni
JWB:jsc
Attachment
CC: Brick Road, LLC
Danch, Harner & Associates
~ek~ ~F ~~f CS~~~~~ ~~!liG
o c~r 2 ~ zooo
-....__.....-._I
~vi'i ~~i ~~.{lSi J~
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff Report
AIPC # 2534-09
®a~vner: Brick Road, LLC
Location: the southeasterly corner of Cleveland Road and Mayflower Road
.Yurisdiction: City of South Bend
Requested Action:
The petitioner is requesting a zone change from LI Light Industrial District to CB Community
Business District to allow restaurants or small retail shops, and a hotel facility.
Land Uses and Zoning:
On site: The site is undeveloped.
North: To the north is a an uncultivated field zoned O Office District. To the northeast
is a City of South Bend well field and to the northwest is a tire store, both zoned
LI Light Industrial District.
East: To the east is the city well field, unzoned.
South: To the south is the Toll Road and associated maintenance area, unzoned.
West: To the west is a trucking company zoned LI Light Industrial District.
District uses and development standards:
The CB -Community Business District is established to provide a location for high volume and
high intensity commercial uses. Activities in this district aze often large space users which may
include limited amounts of outdoor sales or outdoor operations. Developments within the CB
District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential
districts.
Site plan description:
The total area is 8.77 acres. A hotel and four restaurant/retail buildings of varying sizes are
proposed for a total of approximately 40,100 square feet of buildings or 11 % of the site. A total
of 315 parking spaces and access drives cover 69% of the site. There is 20% open space. There
is one access from Cleveland Road and one from Mayflower.
Zoning and land use history & trends:
In 1979, a rezoning was initiated by the Area Plan Commission from A Residential to E Heavy
Industrial to meet the needs of the Michiana Regional Airport. From 1996 to 2004, the property
was zoned "D" Light Industrial. Since 2004, the parcel has been zoned LI Light Industrial
District.
Traffic and transportation considerations:
Cleveland Road has four lanes and a center median. Mayflower Road is a two lane road that dead
ends at the Toll Road.
Utilities:
The buildings are to be serviced by municipal water and sanitary sewer.
Additional information: (Agency comments)
The St. Joseph County Airport Authority is in support of this development. The only concern
would be the location within the noise sensitive zone, but with proper soundproofing, there
should be no noise problems.
Brick Road, LLC
#2534-09
Page 1 of t
5 Criteria (per )lC 36-7-~-6®3):
1. Comprehensive Plan:
Policy Plan:
Ci Plan South Bend Com rehensive Plan. November 2006
Objective ED 8.1: Promote property tax paying development in the city.
Objective LU 2.2: Pursue a mix of land uses along major corridors and other locations
identified on the Future Land Use Map.
Land gJse Plan:
The Future Land Use Map identifies this area as Light Industrial.
2. Current conditions and einaracter:.
The site is vacant. Much of the property surrounding this parcel is dedicated right-of--way or
government owned and is not likely to be developed. The property to the north was previously
zoned BP Business Park before its current O Office zoning.
3. 16~ost desirable use:
The most desirable use for this property are those uses that are compatible with the industrial,
office, and commercial growth along Cleveland Road.
~1. Conservation of property values:
The surrounding property values should not be negatively affected.
5. Responsible development and growth:
It is responsible development and growth to support a mixed use project in a growing area.
Recommendation:
Based on information available prior to the public hearing, the Staff recommends that the petition
be sent to the Common Council with a favorable recommendation.
Analysis:
Properties along Cleveland Road have developed into a mix of industrial and office uses. This
project will add a commercial node, supporting the businesses along Cleveland Road and the
nearby residential areas to the north.
Brick Road, LLC
#2534-09
Page 2 of 2
~~
R ~'
u
~4caaa
u
u
~a
I-80
I-80
u
~ez~n~~~ ~~-r~m:
fTLIi' LIGHT It~1~USTIL IT~.I~T
~~ iTC~" Ct~~ii~Ul°~IT~' E~~~I~E~- L~ITI~T
~C~C1ttlC~ ~~}(
GOU~1T`r "F" ~il`~1GLE FA,~,~11LY DISTPICT
SOUTH BEndC? "C~" ~~FFICE C?IST~:ICT
` ~'~UTH BEf~JL~. "LI " LI C: HT I fJC~I~~;~TRI:~.L DI STF'.ICT
tJ
_~_
;. ...~
.-i,'ti.
'f~{ a~ t~-'F ~ E
Tom. ,:
:_T.
"~ It1C~1~ _ ~~ 1 ~~~~
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE
FOR PROPERTY LOCATED AT THE SOUTHEASTERLY CORNER OF
CLEVELAND ROAD AND MAYFLOWER ROAD, SOUTH BEND, INDIANA 46628,
COUNCILMANIC DISTRICT NO. 1, IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
THE PROPERTY IS LOCATED AT THE SOUTHEASTERLY CORNER OF CLEVELAND ROAD
AND MAYFLOWER ROAD AND IS PRESENTLY ZONED "LI" LIGHT INDUSTRIAL
DISTRICT, THE PROPERTY IS REQUESTED TO BE REZONED"TO THE "CB" COMMUNITY
BUSINESS DISTRICT TO ALLOW FOR THE DEVELOPMENT OF A HOTEL FACILITY AND
RESTAURANT OR SMALL RETAIL SHOPS.
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA:
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:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 38 NORTH,
RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA, MORE PARTICULARLY DESCRIBED AS: LOTS # 1, # 2 AND # 3 OF THE
PLAT OF "SHIVELY'S CLEVELAND -ROAD MINOR SUBDIVISION" AS RECORDED BY
DOCUMENT NO. 0816485 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA
RECORDER'S OFFICE.
CONTAINING 8.77 ACRES MORE OR LESS.
SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD.
BE AND THE SAME HEREBY ESTABLISHED AS "CB" COMMUNITY BUSINESS DISTRICT.
SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND
AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND
LEGAL PUBLICATION.
MEMBER OF THE COMMON COUNCIL
2
ATTEST:
CITY CLERK
PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE
DAY OF , 2 , AT
O'CLOCK M.
CITY CLERK
APPROVED AND SIGNED BY ME ON THE
2 , AT O'CLOCK .M.
1 sfi READit-!G "t '"~'~~~
Pt16LIC NI:A,RINv
3 rd P.EADiNG
NOT APPP,OV~.
'~EE~ERRED,
?ASSEA
DAY OF
MAYOR, CITY OF SOUTH BEND, INDIANA
AuG 2 ~ zaos
r~aJl e~ Vie~~'i?~y
DITi i"L4n~K, #~. ~'Fti~, ti`?.
DATE FILED
APPLICATION NO.
DATE RECEIVED SY P.REA PL_~.N COMMISSION
I (WE) THE UNDERSIGNED MAKE APPLICATION TO THE COMNfON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA TO AMEND THE ZONING ORDINANCE AS
HEREIN REQUESTED.
1). THE PROPERTY SOUGHT TO BE REZONED IS LOCATED:
SOUTHEASTERLY CORNER OF CLEVELAND ROAD & MAYFLOWER DRIVE,
SOUTH BEND; IYdDIANA 46628.
2). NAME AND ADDRESS OF PROPERTY OWNER(S) OF THE PETITION SITE:
BRICK ROAD.LLC
ATTN : JON OR FRANFC HUTTO
58000 W. EIGHT MILE ROAD, SUITE 200
NORTHVILLE,MICHIGAN 48167
PHONE NUMBER (248)486-5570.
3).NAME AND ADDRESS OF CONTINGENT PURCHASER(S), IF APPLICABLE:
N/A
4). IT IS DESIRED AND REQUESTED THAT THIS PROPERTY BE REZONED:
FROM: "LI" LIGHT INDUSTRIAL DISTRICT
TO: "CB" COMMUNITX BUSINESS DISTRICT
5). THT_S REZONING IS REQUESTED TO ALLOW THE FOLLOWING USE(S):
A). RESTAURANTS OR SMALL RETAIL SHOPS
B). HOTEL FACILITY.
6). ATTACHED IS A. COPY OF (A) LEGAL DESCRIPTION OF THE PROPERTY;
(B) SEVENTEEN (17) PRELIMINARY SITE PLANS; (C) A STATEMENT OF
PURPOSE AND INTENT; (D) A LIST OF NAMES AND ADDRESSES OF ALL
PROPERTY OWNERS AND THE TAX KEY NUMBERS FOR ALL PROPERTIES WITHIN
300 FEET OF THE PETITION PROPERTY;. AND (E) ADDRESSED, STAMPED
ENVELOPES FOR ALL PROPERTY OWNERS WITHIN 300 FEET OF THE PETITION
PROPERTY (F) A LOCATION MP_P, IF AVAILABLE, DRAWN TO SCALE, WHICH
INCLUDES STREET Nda3~S PRI~TED IN 8 1~" X 11" FORMAT .
I~ ~ ~ r?~~
SIGNED, ! \ v~u
aR BR CK ROAD LLC ~o,~ l~~-~~
PETITIONED PREPARED BY:
COlv"TACT PERSON (IF DIFFERENT)
DANCH, HARMER & ASSOCIATES
1643 COrIl~RCE DRIVE
SOUTH BEND, INDIANA 46628 (574) 234-4003
.~~~P 2 2
~".;~~rr voc~c~~
~~~.~~~, ~a. ~~~Q, rya.
~t ~~o~ ~~- o ~E._..._.
ORDINANCE N®.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 109 GARST STREET, COUNCILMANIC DISTRICT 6, IN THE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
To continue use of the mechanical contracting and engineering services zoning
fro LB Local Business District to LI Light Industrial District.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City
of South Bend, Indiana as follows:
SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly
known as the Zoning Ordinance of the City of South Bend, lndiana, 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:
Lot 2 as shown on the recorded plat of Weaver's Garst Street Minor Subdivision
in the Office of the Recorder of St. Joseph County, lndiana as Instrument No.
9853563.
be and the same is hereby established as LI Light Industrial 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, and legal
publication.
Member of the Common Co cil
Attest:
V.~1f::.~ ~.. ...c *.t ~t:1 'i;: .' S' S-.. L!'ti~]i«e~o ~tl
C~~S~~'s,~fr~ ~~: ~:~~:::~ 3s~~.::3it~
~t~lY:~ La`Z+1Cir`~1 G s iiF2~o !4~'~:~j
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of
2 , at o'clock . m.
Mayor, City of South Bend, Indiana
1 st READ!NG ~~ ~ ~ ~~
pUBL!C NEARING
3 rd READING
NOT APPRO~1~
REEERREG.
PASSES -~"
~dl~~ jt~ ~~~~"~b'~ ~~ss~~
SEP - 1 2009
,!4!~!d VOCP~CE
Clz'f CLr? 1, ~D. BEl~lD, I~.
Date Filed - Application No.
Date received by the Area Plan C®mmission
I (vse) the undersigned make application to the Common Council of the City of South
Bend, Indiana to amend the zoning ordinance as herein requested.
1.) the property sought to be rezoned is located at: 109 Garst Street
2:) Flame and address and phone no. of property owner(s) of the petition site:
Frick Limited Liability Company, LLC
3907 S Michigan Street
South Bend, Indiana 46614
Phone 272-3220
3.) Namg and address and phone no. of contingent purchaser(s), if applicable:
Morris Sheet Nletal Corp.
6212 highview Drive
Fort Vllayne, Indiana 46513
Phone 260-497-1302
4.) It is desired and requested that this property be rezoned
from LB Local Business District
to LI Light Industrial District
5.) This rezoning is requested to allow the following use(s): The continued use of
mechanical contracting and engineering.
6.) Attached is a copy of (a) legal description of the property; (b) seventeen (17)
preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and
addresses of all property owners and the tax key numbers for all properties within 300
feet of the petitioned property; and (e) addressed, stamped envelopes for all property
owners within 300 feet of the petition property (f) a location map, if available, drawn to
scale, which includes street names, printed in 5'/ X 11.
J mes Frick, Member
Petition Prepared By:
Lang, Feeney ~ Associates, Inc.
J. Bernard Feeney (contact person)
715 S®uth ~ichig~n Street
South Bend, Indiana 46601
574-233-1641
~~~~~'~ ~~c~
~~~~ ~~ ~`
sEg - 4 2oog
cf~ ~~:~~:~~ , a~.;r~, .~ .
18-&001-0033,00301,0034,0035,00?7,00701 18-8001-00~ 18-~G~C?3-Q152, Q15~, C~1~3
Catherine White Urban Enterprise Assoc of South Real Services Housing
Clo Edward J. White, Inc. Bend, Inc. 1151 S Michigan Street
1011 S Michigan Stmt 1200 County-City Building S®uth Bend, Indiana 45601
South Bend, Indiana 46601 South Bend, Indiana 46601
18-8003-0145, 0139, 0151
Joseph ~ Gerald Corny
58263 Pear Road
South Bend, Indiana 45519
18-8003-0132
3-G Properties
1111 S Main Street
South Bend, Indiana 46001
18-8003-0147
South Bend Firefighters Federal
Credit Union
1122 South Main Street
South Bend, -ndiana 46601
18-8001-0022, 0024
1011 LLC
2903 York
South Bend, Indiana 46614
18-5001-0048
Richard White & Ruth Boutelle
1325 E Victoria Street
South Bend, Indiana 46614
18-8001-0036
Real Services, Inc.
1024 S Main Street
South Bend, Indiana 46601
18-8001-0045, 0045, oo4s 18-8001-0032, 0031 18-7003-010202
Urban Enterprises Assoc Archive Services LLC St. Joseph County
of South Bend, In PO Box 4221 7~' Floor County-City Building
1200 County-City Building .South Bend, Indiana 48534 South Bend, Indiana 46601
South Bend, Indiana 46601
~E~~t.=~ FSi ~*~84ta9~ ~~d~d4A~
sEP - ~ Zaoo
b¢[ 1 4r~..~~Y ~i. ~'.Y. L4P~'
i~~ `1 fJ~_ 7`~-0~1
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 4526 SOUTH
FELLOWS STREET, SOUTH BEND, INDIANA 46614, COUNCIIMANIC DISTRICT 5 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
THE CURRENT ZONING OF 4526 SOUTH FELLOWS STREET IS SF1(SINGLE FAMILY 1). THE OWNER OF
THIS PARCEL AND THE ADJOINING PARCEL TO THE NORTHEAST AT 514 EAST IRELAND ROAD, WHICH IS
CURRENTLY ZONED OB (OFFICE BUFFER), INTENDS TO BUILD A NEW DENTAL OFFICE FOR HIS DENTAL
PRACTICE THAT IS BEING FORCED TO RELOCATE DUE TO THE NEW US 31 HIGHWAY UPGRADE. THE
PURPOSE OF REZONING THIS PARCEL IS FOR FELLOWS STREET ACCESS, PARKING AND STORMWATER
STORAGE.
NOW THERFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as
follows:
SECTION 1. 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:
LOT NUMBERED ONE (1) AS SHOWN ON THE RECORDED AMENDED PLAT OF THE HAWBLITZEL'S
(RECORDED) ADDITION TO CENTRE TOWNSHIP AS RECORDED APRIL 13,1954 IN PLAT BOOK 19, PAGE
"H" IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA.
be and the same is hereby established as 08 (OFFICE BUFFER).
SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common
Council, approval by the Mayor, and legal publication.
Attest:
City Clerk
Member ofthe Common C ~ uncil
~;~~~_~~ c~~i:~s~ ~~1€~ ~~~~ F:~ ~~~~~-~~ apt
oA~~lili~ ~io~ ~l.€~i~~ i-~a~irc~
~ ~ti~n t~ finis is~u~,
Presented by me to the Mayor of the City of South Bend, lndiana on the day of ___,
2009, at o'clock _m.
3
City Clerk
Approved and signed by me on the day of , 2009 at o'clock _m.
Mayor of the City of South Bend, Indiana
lsr R~~~li~~ ~-t`t-~~
PU@LIC FSEAR!'r•7G
-3 rd READ44dG
~l;OT APPROYE®
~.EFERRED.
2ASSEED _
Fi~~~i [~ ~~~~~~'~ Q~fi~~
SEQ - 9 2009
SQF~Pd Vfli3a~[~e
C1TY CLEt~h, SQ. EEPd~~-~d°
Date Filed Application No.
Date received by the Area Plan Commission
I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to
amend the zoning ordinance as herein requested.
1) The property south to be rezoned is located at:
4526 South Fellows Street, South Bend, IN 46614
2) Name and address of property owner of the petition site:
Dr. Terrill Stoller
60420 South US31
South Bend, IN 46614
3) It is desired and requested that this property be rezoned
From SF1
To OB
4) This rezoning is requested to allow the following use:
Dentist office (office to be located on adjacent property that fronts Ireland road)
5) Attached is a copy of (a) {egal description of the property; (b} seventeen (17) preliminary site
plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property
owners and the tax key numbers for all properties within 300 feet of the petition property; and
(e) addressed, stamped envelopes for all property owners within 300 feet of the petition
property; (f) a location map, if available, drawn to scale, which includes street names, printed in
8 %' x 11" format.
PETITION PREPARED BY:
John Spalding
Spalding Design Group, LLC
106 Lincoln Way East
Mishawaka,IN 46544
574-255-2422
574-514-6644
ifspalding@comcast.net
~tf~~( E~ CaI~E`IE'.`s ~tTt~~'
SEP - ~ 2009
~~~-?~~ v0~~±a~:
CfT~' ~GE4~, s4. ~~i~~, ICI.
Signature of property owner (Terrill Stoller)
CONTACT PERSON:
SAM E
LEGAL DESCRIPTION
LOT NUMBERED ONE (1) AS SHOWN ON THE RECORDED AMENDED PLAT OF THE HAWBLITZEL'S
(RECORDED) ADDITION TO CENTRE TOWNSHIP AS RECORDED APRIL 13,1954 IN PLAT BOOK 19, PAGE
"H" IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA.
•-
i~~~~ ~~~ ~t~~ ~'~ ~#~€~~
~~
SEP - 9 2Q0~
~~~ra v~~~~~
_ Y.ci ..' T ~,.
't C
talc f:nnnty Parcalc
~sa~t
JCY ,~w`.
1~ ~IIRILI
''
P
DDR
PR
Rec PARCELID NAME
1 MAILIN ADD C~
AI~;~< ~~ _A
O
_ P
~~} i
1 023-1035-1755 ADAMS SUSAN C 4607 Fellows et South Bend IN 46614 4607 FELLOWS
IRELAND ROAD LLC C/O
2 023-1035-1735 MICHAEL R LEEP 320 E Ireland Rd South Bend IN 46614 320 E IRELAND RD
DF IRELAND ROAD
3 023-1035-1758 PROPERTIES LLC 251 East Sample St. South Bend 1N 46601 420 IRELAND RD
POST SHARON PASALICH &
MCDANIEL GREGORY
4 023-1035-1736 W/EROS 504 E Ireland Road South Bend IN 46614 504 E. IRELAND RD
5 023-1035-1737 LEASEA INC 530 E Ireland Rd South Bend IN 46614 514 E. IRELAND RD
GRENERT CHARLES A &
6 023-1035-1754 JUDY 4615 Fellows St South Bend IN 46614 4615 FELLOWS ST
SUMRALL LESTER EVANG
7 023-1035-180903 ASSOC INC 530 East Ireland Rd South Bend IN 46614 530 E IRELAND RD
FOGLESONG JAKOB &
8 023-1035-1741 KATHLEEN 4616 FELLOWS ST South Bend IN 46614 4616 FELLOWS RD
LESTER SUMRALL
EVANGELISTIC
9 023-1035-1740 ASSOCIATION INC . P O Box 12 South Bend IN 46624 4606 S FELLOWS RD
IRELAND GREENS
10 018-7204-7510 TRUCKING LLC 505 E IRELAND South Bend IN 46614 4422 FELLOWS
UNRUH RAYMOND H &
1 i 018-7204-7511 DOROTHY M 4412 S Fellows South Bend IN 46614 4412 FELLOWS
RUSH JEFF JR AND
12 023-1035-1757 MARGARET R 4523 S FeNows South Bend IN 46614 4523 FELLOWS
LESTER SUMRALL
13 023-1035-1738 EVANGEL. ASSOC., INC P.o. Box 12 South Bend IN 46624 IRELAND RD
LESTER SUMRALL
14 023-1035-1739 EVANGELISTIC ASSOCIA P O Box 12 South Bend IN 46624 S FELLOW
i5 023-1035-1756 ANDERSON THERESA 4535 S Fellows St South Bend IN 46614 4535 FELLOWS ST
SUMRALL LESTER
16 023-1035-178801 EVANGELISTIC ASSN IN 530 E lreland Rd South Bend IN 4661A 530 E IRELAND RD
COMMUNITYWIDE FEDERAL
17 018-7148-527002 CREDIT UNION 1555 Western Ave South Bend IN 46619 405 E. IRELAND
18 018-7204-751101 REED STEPHEN 4404 S Fellows St South Bend IN 46614 4404 FELLOWS
50500 Prestonwood
19 018-7164-5775 GRABER GROUP L P Ct Granger IN 46530 411 IRELAND
ROI HOLDINGS LLC%
20 018-7204-7509 DANIEL BREKKE 505 E IRELAND South Bend IN 46614 505 IRELAND
CITY OF SOUTH BEND
21 018-7164-5777 ERSKIN GOLF COURSE .County City Bldg South Bend IN 46601 4200 MIAMI
J
-~~
~'ARCEL
LOCATION
SAP
~~~
~+~ / i
a~ ~,,' 0 ~ i.'" ?~
i F ~r~i
s4 ° O~ n= FvS
`~ \ ~~ c.>
.~_., . ~ ~
~ t:~''
f~~.
~`~ ~,/
(1~l h~,~l
~:t.
`..;
'~rwr' w ~ ve.3~ .,,. ,.
-s,Y...~..~.._,._. _- ...~ i...,..
~..
1
/I~
~.
=~
~ ` ~ ~ jt ~ 1
tel. , . .- ~~ ~ ~'~~;~
-f-
Area Plan Corr~rnission of fit. Joseph County
1140 County-City Buildin
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
October 21, 2009
The Honorable Council of the Ci of
South Bend ~ ~ ~ ~ ~ ~ ~ ~~ ~.~-a..w-,~....,.._.._
4th Floor, County-City Building
South Bend, IN 46601
RE: A proposed ordinance of Stephen Dragovich to zone from SF2 Single Family and Two
Family District to MF1 Urban Corridor Multifamily District, properly located at 616 N. St.
Peter Street, City of South Bend - APC# 2529-09
Dear Council Members:
I hereby Certify that the above referenced ordinance of Stephen Dragovich was legally advertised
on Thursday, September 3, 2009 and that the Area Plan Commission at its public hearing on
Tuesday, October 20, 2009 took the following action:
Upon a motion by Richard Warner, being seconded by Donna Chamblee and
unanimously carried, the proposed ordinance of Stephen Dragovich to zone from
SF2 Single Family and Two Family District to MF 1 Urban Corridor Multifamily
District, property located at 616 N. St. Peter Street, City of South Bend as tabled is
sent to the Common Council with an unfavorable recommendation. It is the goal of
the Northeast Neighborhood Development Plan to return this part of the Northeast
Neighborhood to single family uses. Increasing the number of units accommodating
uses beyond single family not only compromises the Plan, but makes it harder and
more costly to reconvert the single family designed houses back to their original use.
The deliberations of the Area Plan Commission and points considered in arriving at the above
decision are shown in the minutes of the public hearing, and will be forwarded to you at a later
date to be made a part of this report.
Sincerely,
o n W. Byorni
JWB:jsc
Attachment
CC: Stephen Dragovich
~'l~~ sg ~B ~-~z~~l~~ '' '~ ~2.~.~.
OGi 21 20G~
S~j~F~ er+a~'~~F
CEl"f Cl.di't;S, Sr, aE'i6, !A5.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
Staff loenort
ALPC # 2529-09
®vvner: Stephen Dragovich
Location: 616 N. St. Peter Street
.furisdiction: City of South Bend
1[~equested Action:
The petitioner is requesting a zone change from SF2 Single Family and Two Family District to
MF 1 Urban Corridor Multifamily District to allow uses allowed in multi family districts. A
Special Exception has been filed with the Board of Zoning Appeals to allow more than two
unre]ated individuals to Live in the same unit.
Land flees and Zoning:
On site: On site is a single family home.
North: To the north.are homes zoned SF2 Single Family and Two Family District and 2
apartment buildings zoned MFl Urban Corridor Multifamily District.
East: To the east is an attached single family project pending zoning to PUD Planned
Unit Development.
South: To the south are homes zoned SF2 Single Family and Two Family District.
West: To the west are homes zoned SFZ Single Family and Two Family District.
District uses and development standards:
The MF1 District is established to protect, promote and maintain the development of urban style
multifamily dwellings and to provide for limited public and institutional uses that are compatible
with a multifamily residential neighborhood. The development standards are designed to promote
the establishment of: multifamily dwelling projects (including apartment, townhouse or row
house style developments); and, high density two family dwelling developments located along a
block face, in developed areas of the community which are served by a full range of public
amenities.
Site plan description:
The lot is 5,775 square feet. A 1,054 square foot residence and 360 square foot garage cover 24%
of the site. An additional 360 square feet for exterior parking covers 6% of the site. The
remaining 4,001 square feet, or 70% is open space.
Zoning and land use history & trends:
In 2007, the property to the east was approved by the Common Council to be rezoned to PUD
Planned Unit Development, for an attached single family project. A Final Site Plan has yet to be
submitted.
Traffic and transportation considerations:
St. Peter Street has two lanes. South Bend Avenue to the north has two lanes.
Utilities:
This site is currently served by municipal water and sewer facilities.
Additional information: (Agency comments)
At the September 2, 2009 Area Board of Zoning Appeals meeting, the Special Exception for
group residence was sent to the Common Council with no recommendation.
Stephen Dragovich
#2529-09
Page 1 of 1
5 Criteria (per )<C 36-7-~-6®3):
)1. Comprefuensiv¢ ]Plan:
Poflicy Plan:
City Plan South Bend Comprehensive Plan, November 2006.
Objective H2: Maintain South Bend's housing stock to good condition.
]Land tJse Plan:
The Future Land Use Plan shows this area as medium density residential.
Residential Area Policy:
Northeast Neighborhood Development Area Plan 2003
The projected land use plan identified this block of St. Peter Street as single family home
ownership preservation.
2. Current conditions and character:
At the north end of the block are two new apartment buildings. Of the single family homes on the
block, five are legal non-conforming "boarding houses".
3. INgost desirable use:
The most desirable use is to have this block of St. Peter Street remain as single family homes.
4. Conservation of property values:
The surrounding property values may be affected.
5. Responsible development and growth:
It is responsible development and growth to maintain a single family residential neighborhood.
Recommendation:
Based on information available prior to the public hearing, the staff recommends that the petition
be sent to the Common Council with an unfavorable recommendation.
Analysis:
It is the goal of the Northeast Neighborhood Development Plan to return this part of the Northeast
Neighborhood to single family uses. Increasing the number of units accommodating uses beyond
single family not only compromises the Plan, but makes it harder and more costly to reconvert the
single family designed houses back to their original use.
Stephen Dragovich
#2529-09
Page 2 of 2
_ T' ~~ _~r ~ re
'r ~ ~_
~ ~,:
z SF2 '~ ~ '3e ~x ~ x ~,1' '{ 1 `
c ~ d ~-r:~ ~ ~~ ~ ~ ~ t ~
~ , ~ i~ s -,
~ t• ~~ ~~,
{. ~ ~ I ~~ ~ y ~ en ~ ti
,Y: ~~ < ~ s
V'F1 ~ z
2 ~ ~
C.'. s
4' }
C-
_ ~~
i
~.~ [Tt Q [1 CI
6"
L 1 e ll.;! ~i 4'. i~' f'I.
_ ~ t 1'
1 - ~~ x 7
•. r JS 2 r r,~ t
~ ~ , w :.
',.1 ~ r r
t
~ ~'~ ''y t' w ~
'S 5. f ... ~ , _
w:
_ ryi ~!~ fir` t~.+l.~ Y~ et Y ~r t ~~ ~-: '\ ~ ~ rw
Z .C. ~ wn ~ ~W N .~ ! 'k.'~.
.r ~ (. t s
~ ~ -. 4 r ~ zr ~~ , i ,
L rtr ~ ~ ~ ~ r ~ ~-
} 1 3 M .
~.t. n+if~ j ~.• ~ ~. f ~ ~+ 1'+. n0. r bs ;x
r
f 1 M
s ~ It ~ }y f ~ 4 r r
~~ ~
< .,J+~~ ~~' a "k F° ~ Iv-'~ z 1 ~ ~ }~~ .. I ~'82...T ~. ~r ti... i
} ~.r
xr ttiu~t}r ~~'*. ~ a" ..i 4^~''.H,i, _» 'nh'~..7, ~ q~. `t, Svf ' ~,r Y~'~~'4 i'~ ..,~i f~
y r~ • ?' -+a., ..w k "xE ~' ter' 'S
?. JJ'F~ `r'~ ~ f~ i i J <t 2~ . rr }~+s~~!` c r. n i } ~j`f
t 3 '.~`MlyrZl ~ ^,T~ t~ ~ ~ ~ ~ t - ~ ~ E i~.~T~~ Y {x r .'7^:
` ~fI t, d _ JY. ~ C 1~s Y Sy i ,.~ .t~f~
k. u-cr
J .f• ~'"`~T" ~i",'WF'~ad "i ~'~= .~yl ~Y! k~ ~'~..4. y ~~ ,.R r, ~~ a
r aq r~ti~~.ty ~~;SI{+ :T~zy. ~~ti' ~ ~ f ! ~ S ~>~41 ,+'~13.~
~'~: ~ y ~ r1h F'M~ iz.~~`.F., t x .fit .. y f-s.l ,z ~ . ~„ l+}f,~.. r .v ti 4 ~fs,
m~ r: wr~af' 'i~'"~xti" ,S'~C cc` c ~~ r ~ ;y .~:• Ny s
5 ,: ~ e~ y
•~r
~ Sorin 0
~~zc~ning firc~~:
~'~E~" ~IfVt~LE F~i~1ILY ~ T~t't~ ~/~f~IL~( C~I~T~ICT
~+~ `~f~F1{i U~~~4i~ ~~Rr~I~t:~~ f~l~lLYIF~I~IL~ ~IT~ICT
~~tiltl~ ~~
SOUTH BEPJD "5F~' SIPIGLE FAA~tILY i<,TbM1IO Fa,MILY DI'oTRIc:T ~I
"'~;~°t SOUTH BEND "w1F1" URB.~.fd CO RF'IDOR t',dULTIFAtu11L5' DISTDCIivT
r~
1.
ff .~.`~,y;.. ~. E
~'~,
--T'
s
1 ii~cf~ -- ~ ~~ feet
,~ ~~
18-5034= 225
196
~®~/
17 B2
196
10-5035-124 S "~ +
1226
-1 8-503 5-124 4 01' - -,~
1227 ~
18-5035-1244 +
.1228 18-5035-1243
146
119 ~[
-1229 ~ 67 U
\ ~
18-5035.124
-. _^^ `
~ „ ~
~ b
18-5035-1237 ~
~A • ~e~a
~A 50 ~oJ~r
18-5035-123fi 1~
78-5035-1252
18-5035-1251
18-5035-1248
18-5
18-5035-1247
10:
55 3
43 43 d3 d3 43.8
34 34 135 i 5 35 35.8
I I I
18-5024-0839 ~ I ~ ~
_ ~ I 10-5024-0844 I ~
a_
18-5024-0842 18-5024-OBg3 q 10-5024-0846 n
I to-5024-Baas ~
~ ~ I
18-5024-0840 I I
~.
I
18-5032-1
d
991
~~
1
Z
o_
m
O
Iv
3
ro
~v
4
s ' 18-5031-111101
~
j ~ 106 9
10-503 1-1108 18-503 t-110 9
o~ 18-5031-1112
61'
I e
,,o
18-5 031.1106 - q2'3 _42.3`
OA m
An ~
ml
'. -
~
.26. 16.7
~ O
~ ~
I
~I - - - - _
~~ 18-5031-1116
1105
i
1 I ~
1-1110
8-503 18-5031-1113
50~1
1
8 1
1~
~ `
I o~
. - - - - -
.
1
. ~ I
36.] 36.3 I 'I 38.] 363 111
423 42.3
Almond
54
37
34 3/ 34
~ 31
]1 31 39 31
38
~I I/`X\/
70
,
x 025-0873 ~
1B '~
o I 18-5025-
8
i ~
t 8.5025-0869 1fl-5x28-0871 1 `
~18-5025-0875 18-50
8-5025-0872 ~ 25-0876
18-5025-~ 87 I
I 18.5025-0874
1 33 33
0)
r0 18-5026-0908 18-5026-0909 1t
Q 18-5026-0907
N
Z
a v
~`1B'5025'OB82F16=5025'0687 18-5026-0921
18-5025.0881 ' 18-5025`0881 18-5`25-ORBS :B-5025-OB r 18-5026-0{9~27~ ~1/.-5028-09.2 i
1~-5031-1100
Information shown on this map is not warranted for
accuracy or mercha ntabilily. Reproduction
of this maledal is not possible without written
permission of SL Joseph County, fndia na.
N Pholography:Spring 2002
Prepared by.
W / L 51. Joseph County Auditor's Office
227 W. Jefferson Blvd.
S ~ South Bend, Indiana 46601
Phone: (57d)235-9463
105.8 284.78
$Ol lfl
®R®INANCE N®.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 616 N. ST. PETER ST., COUNCILIiIIANIC DISTRICT 4, IN ThIE
CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND {NTENT
The rezoning is to rezone from SF2 to MF1 for uses allowed in MF1 district.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City
of South Bend, Indiana as follows:
SECTION 1. 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:
Lot numbered five "5" as shown on the recorded plat of Sorin's Subdivision of
Lots numbered 30, 31, and 32 in Edward Sorin's First Edition to the Town of
Lowell, now within and a part of the City of South Bend, Recorded May 5, 1873 in
the Office of the Recorder of St. Joseph County, Indiana, in plat book 3, page 23.
be and the same is hereby established as MF1 Urban Corridor Multi Family
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, and {egal
publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m.
City Clerk
Approved and signed by me on the day of
2 , at o'clock . m.
Mayor, City of South Bend, Indiana
~~
1~t R~A~r ~-i.D- ~
PUBLIC HEAP.fRu
rd READING
NOT APPRC>Y~
REFERRED
PASSEq
~ii~d [~ ~I~rK'~ ~-fic~
AUG - 5 2Q09
3Ct4dN ~l4DRCE
cl~' clE~x, aa. aaNa, ;;v.
Date Filed
Date Filed
Date received by the Area Plan Commission
Application No.
Application TJo.
I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
616 N St Peter St South Bend, IN 46617
2) Name and address of property owner(s) of the petition site:
Stephen Dragovich
616 N St Peter St South Bend, IN 46617
574-340-8269
3) Name and address of contingent purchaser(s), if applicable:
4) It is desired and requested that this property be rezoned
from S F ~,
to MF 1
5) This rezoning is requested to allow the following use(s):
Uses allowed in multi family district
6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) a list of names and
addresses of all properly owners and tl~e tax key numbers for all properties within 300 feet of tl~e petition property; and (d)
addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available,
drawn to scale, which includes street names, printed in 8'/i" x I 1"format.
.,,_ -
PETITION PREPARED BY:
Stephen Dragovich
616 N St Peter St Soutli Bend, IN 46617
sdragl@hotmail.com
x /
EXEC o[Z
CONTACT PERSON: (If different)
AREA PLAN COMMISSION
PUBLIC HEARING PROCEDURES
~~i~d ~~ ~~s~I'r~'~ ~~ii~~
AUG - 5 2409
J+3tIN VOOFittE
cl~s c~~x, so. s~xra, Ifs.
1400 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PxoNE 574/ 235-9241
FAx 574/235-9892
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF I,AW
CHARLES S. LEONE ALADEAN M. DEROSE
CITYATTORNEY CHIEF ASSISTANT CITYATTORNEY
October 9, 2009
Mr. Derek Dieter
President, South Bend Common Council
4r'' Floor, County-City Building
S outh B end, IN 46601.
Re: Amendment to Ordinance #9907-09
Dear President Dieter:
It has come to my attention that Ordinance #9907-09 was incorrectly codified at Chapter
2, Article 14, Section 2-170.13. Because of duplication, the correct Section number should be 2-
170.14. Attached is an ordinance which makes that correction.
Either Chuck Leone or I will present this ordinance to the Common Council both at its
Committee and its regular meeting.
Thank you for your consideration.
AMD/cw
1!~'~ ti~ ~~~•,~Sti"~ ~~t~l~'-~
~} , ,,
V V I t ~ _ LS %v~~J'
r.r
a~rif~ b'v;,;~~E
Sincerely,
-~i
Aladean M. DeRose
Chief Assistant City Attorney
THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH
JEFFREY M. JANKOWSKI LADTRENCE J. METENER JEFFREY L. SANFORD JOHN E. BRODEN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING ORDINANCE #9907-09 TO CHANGE THE MUNICIPAL
CODE SECTION FROM 2-170.13 TO 2-170.14
STATEMENT OF PURPOSE AND INTENT
On February 24, 2009 the South Bend Common Council passed Ordinance #9907-09
which added a new Section to the South Bend Municipal Code, namely 2.170.13. However, this
Code section designation is a duplication, and Ordinance #9907-09 requires an amendment to
codify it at Chapter 2, Article 19, Section 2-170.14, not at Section 2-170.13.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. South Bend Common Council Ordinance #9907-09 is amended at Section I
to read as follows:
SECTION I. Chapter 2, Article 14 of the South Bend Municipal Code is
hereby amended to add a new section '' '~~ 2-170.14 to read in its
entirety as follows:
Sec. '' '~~ 2-170.14 Airport Economic Development Area/IJrban
Enterprise Zone Special Zone Fund.
(a) The Airport Economic Development Area/LTrban Enterprise Zone
Special Zone Fund (#454) is established within the City of South Bend to
receive property tax proceeds derived from parcels located in the Airport
Economic Development Area that are also located in the Urban
Enterprise Zone, as provided and permitted by Indiana law (I.C. 36-7-14-
39(8)).
(b) All sums of money collected and deposited in this Fund shall be
available for appropriation by the South Bend Redevelopment
Commission and used for programs in job training, job enrichment and
basic skill development that are designed to benefit residents and
employers in the Urban Enterprise Zone and for other purposes permitted
by. and consistent with IC 36-7-14-39 and other applicable Tax
Increment Finance State Law.
(c) Any and all interest earned on monies deposited in the Airport
Economic Development Area /Urban Enterprise Zone, Special Zone
Fund shall remain in the Fund to be used for the permitted purposes of
the Fund.
(d) Any monies remaining at the end of the fiscal year shall not revert to
the General Fund or any other Fund.
SECTION II. In all other ways, Ordinance #9907-09 shall be unaffected by this
amendment and it remains in full force and effect.
SECTION III. This ordinance shall be retroactive to February 24, 2009 upon approval
by the Common Council, and approval by the Mayor.
Attest:
City Clerk
Member of the Common Council ~'
~:~4a1 ii 9'~ ...•~? .. ..~~ ~'~SS :J ts~i~~ c5~ . ~,:;,77..a..: i~~:11:!/,JyY!
(~/~ga ~F~. :1.. .... ~!„~~R'J ~\:v w~'E ileW Clitu
66f7 ~~,,YY~~jj ~Z~31~,.:bi 444
Cour~if G~;i~f~ ~~ ~~~~ t~~uV
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2009, at o'clock m.
Approved and signed by me on the
o'clock m.
1st Rt:ADING ~ ~`~'E'"O~
PuBLEC ~Er-.~ir~c
3 ~~d ~EAnir;c
I~OT APPROVED
P,EFERRED
PASSED
Deputy City Clerk
day of
2009, at
Mayor, City of South Bend
~0~~~ E~ ~rl~~'to;a ~.~~~~~~
QCT 1 3 %Gu9
~',1 ~ Y 4 A::: G G
701 W. SAMPLE STREET
SouT~-[ BErrD, IxourrA 46601-2890
CITY OF SOUTH BEND .STEPHEN J. LUECKE, MAYOR
PxolaE 574(235-9311
FAx 574/288-0268
TDD 574/ 235-5567
SOUTH SEND POLICE DEPARTMENT
DARRYL BOYIQNS, CHIEF OF POLICE
October 20, 2009
Mr. Derek Dieter
President, South Bend Common Council
4a' Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Appropriating Funds for Squad Cars
Dear President Dieter:
Enclosed for filing with the South Bend Common Council is an ordinance appropriating
$76,000.00 from General Fund # 101 for the purchase of three (3) squad cars and accessory
equipment.
The SBPD has been accumulating monies within General Fund #101 from reimbursed
repairs to damaged police equipment, so the acquisition of these squad cars will be covered by
those monies. The SBPD plans to purchase three new Dodge Chargers through the Indiana
Quantity Purchase Agreement (QPA) at a total cost of about $63,900 which is quite reasonable.
The vehicles will require attachment of special equipment for police special use (such as light
bars) at an additional cost of around $12,100 total.
Don Pinckert will make the presentation to the Council of this ordinance, the approval of
which would be most appreciated.
~~
AMD/bz
Darryl Boykin
Chief of Police
-~---- , n ~r.Re
~~1~f~ ~l'1 ~~~:t~ a f~tc~~~
~(`, i Lv~
~.
~;,R k, .,;Sri
~y ~ ~ ~1y
JEFFREY D. WALTERS RICHARD A. BISHOP GARYA. HORVATH
UNIFORD4 DIVISION CHIEF INb'FSTIGATIVE DMSION CHIEF SERVICES DMSION CHIEF
235-9313 235-9263 235-5940
'~,
V \~
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $76,000.00 FROM GENERAL FUND # 101 TO
PURCHASE AND SPECIALLY EQUIP THREE POLICE VEHICLES
STATEMENT OF PURPOSE AND INTENT
The South Bend Police Department is in need of three squad cars which it can purchase at
a very reasonable cost through the State of Indiana's Quantity Purchase Agreement (QPA). The
Police Department has accumulated monies deposited within General Fund # 101 from
reimbursed repairs of damaged equipment. The sum of $76,000.00 should be appropriated to
purchase and equip police vehicles.
NO~JV, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The sum of $76,000.00 shall be set aside and appropriated within General
Fund #101 to purchase three vehicles and equip them appropriately for the specific use and the
needs of the South Bend Police Department.
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval of the Mayor.
Attest:
City Clerk
~~ ~ ~~ ~~ ~
Member of the Common Cou~il
,,,. ..,
~si~ii~.~.r~ 4~~i a`l. •ii ~.'.ii i~~ ~+:~:i~ ~(.^^ !~,r~, p awn
i`V ~'1VYI~L Q!i
,ax.r t;:S ~~~~i
Preserited by me to the Mayor of the City of South Bend, Indiana on the
day of , 2009, at o'clock m.
Deputy City Clerk
Approved and signed by me on the day of
o'clock m.
1 st R@AGEi~lG
Pust~c HE~,F:It~iG
3 rd PE~DlNG
P~tOT APP~OY~t~
,,..~ Er.~?ED
PASSEQ,
~t~~~ €ie ~,~~~~~~~ ~~4r~
OCT 2 l 2009
2009, at
yor, City of S outh B end
l
1200 CO Y-CITYBUII,DWG
227 W ]EFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PxoNE574/235-9371
Fax 574/235-9021
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY' ~ ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
October 19, 2008
Mr. Derek Dieter ~ (, ~,.~ I`~'
President
South Bend Common Council
227 W. Jefferson Blvd.
Suite 404
South Bend, IN 46601
-Dear President Dieter:
S `~
The attached bill for Council consideration and approval will appropriate $2,463,435 in
2010 Community Development Block Grant (CDBG) funds. This action complements the
transfer of $200,000 in reprogrammed funds and together they allocate new funds in accordance
with the 2010Action Plan of the 2010-2014 Housing and Community Development Plan.
As was discussed with the Community & Economic Development Committee on
September 21st, the 2010 HCD Action Plan was the subject of a 30-day public comment period
that began October 2, 2009 and expired November 2, 2009. In addition, the 2010 HCD Action
Plan was the subject of two public hearings held on October 14, 2009. Comments received
during the comment period and public hearings were taken into consideration in developing the
fina12010 HCD Action Plan.
Should there be any questions on this bill please contact me at 235-5845. I will be present to
address this issue at the November 9th meeting. Thank you.
Sincerely, ;~~7
~j7~~=`~f
Pal 1a C. Meyer
Director
t~ ~t~r~~'~ ~tfECe .
ocT 21 2aag
~- dot,*t ~facxoa
cc: Jeff Gibney cmt ct~h~, sc• uM~<~, -~~.
John March
COMMUNITY DEVELOPMENT ECONOIV4IC DEVELOPMENT FINANCIAL SL PROGR 1M
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
5741235-9660 574!235-9371 ELIZABETH LEONARD ~~ ~ ~
FAX: 574/235-9697 574/235-9371 '
~> ,
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 50U1 H BEND
APPROPRIATING $2,463,435 FROM THE COMMUNITY DEVELOPMENT FUND (FUND
212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND,
1NDIA.IVA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR
BEGINNING JANUARY 1, 2010, TO BE ADMINISTERED THROUGH THE DEPARTMENT
OF COMMUNITY AND ECONOMIC DEVELOPMENT.
Statement of PurRose and Intent:
The government of the City of South Bend, in partnership with the City's private sector
and residents, is cotnmitted to the goal of improving the quality of life in the Ciry, its
neighborhoods, and for its residents..As part of this commitment to a comprehensive community
development and improvement program, the City of South Bend, through its Department of
Community and Economic Development, will apply for and anticipates receiving on or about
January 1, 2010 the approval of the United States.Department of Housing and Urban
Development to expend $2,463,435 in the execution of certain housing rehabilitation/assistance,
code enforcement, public improvement, neighborhood development, public service, and general
program planning and development activities. In order to implement the aforementioned
activities, funds are required.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The sum of $2,463,435 is hereby appropriated for the program year starting January
1, 2010, for the City of South Bend's Community Development Block Grant Fund (Program
Year 2010). The appropriation shall be used as approved by the United States Department of
Housing and Urban Development under Title Twenty-four (24) of the Code of Federal
Regulations, Part Five Hundred and Seventy (570) for the Community Development Program
Year 2010. This appropriation shall be administered by the Department of Community and
Economic Development and its designated subgrantees, in accordance with the 2010 Housing
and Community Development (HCD) Action Plan, which is hereby approved and incorporated
by reference with respect to the following distributions:
B-09MC-18-0011
Community Development Program
Housing Development Corporation -REWARD 35,000
South Bend Heritage Foundation - Robertsons's Improvements 225,000
South Bend Heritage Foundation - NWS Acquisition and Rehab 424,000
South Bend Heritage Foundation -Alley Rebuilding 75,000
F:~DATAISHAREICOMIvIDEV~CDBG-HOME~2010 CDBG ORDINANCE.DOC
South Bend Heritage Foundation -Planning & Administration
South Bend Heritage Foundation - NNRO Program Delivery
South Bend Heritage Foundation /NNRO - Acq/rehab and demolition
Near Northwest Neighborhood -Program Delivery
Near Northwest Neighborhood -Community Space
Near Northwest Neighborhood -Planning & Administration
Code Enforcement - Vacant& Abandoned Bldg. Demolition Program
Community Homebuyers Corp.-Forgivable Second Mortgage
YWCA -Educational Support Services
REAL Services -Older Adult Crime Victims
REAL Services -Guardianship Program
FCC. Counseling & Development Services -Therapeutic Services
South Bend Police Department -Neighborhood Foot Patrols
South Bend Police Department -Neighborhood Watch Program
Boy's & Girl's Club -Youth Development
Habitat for Humanity -Acquisition for Restore
LaCasa de Amistad -Community Outreach Services
South Bend Human Rights Commission - Fair Housing Activities
Division of Community Development - SB Home Improvement Program
Center for the Homeless-Veterans Center Rehab
Neighborhood Resources Corporation -Neighborhood Capacity Building
TOTAL
157,000
75;000
1.00,000
30,000
100,000
115,000
100,000.
275,000
27,476
4,849
4,849
18,183
27,500
16,164
16,164
86,000
11,250
10,000
450,000
50,000
30,000
$2,463,435
SECTION II. No costs will be incurred or funds expended for any of the activities
addressed in this ordinance prior to completion and subsequent certification of the Environmental
Review Process specified in Title Twenty-four (24) of the Code of Federal Regulations, Part
Fifty Eight (58) containing the Environmental Review Procedures for the Community
Development Block Grant Program, and an official release of funds received from the United
States Department of Housing and Urban Development.
SECTION III. This Ordinance shall be in full foxce and effect from and after its passage
by the Common Council and approval by the Mayor.
F:~DATA~SHARE~CO&IIvIDEV1CDBG-AOME~2010 CDBG ORDINANCE.DOC
Member of the Common Council
~..,
,:.
A
Y; 1 7
i 7 ~i eY ..F
~~€Y ~ ta:€.`eyp- "~+ YYtuCS{iil~ ~'Jk5
~RGt~ ra,o~:~#sr Ofl lfifb l~~ll~a
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
• , 20 , at o'clock .m.
City Clerk
Approved and signed by me on the
at o'clock .m.
day of
20 ,
1 st READING t ~'2'~-~`~
PUBLtC HEARING
3 rd READWG
NOT APPROVED
REFERRED
PASSED
F:\DATA\SHARE\CONIIvIDEV\CDBG-HOME'~OlOCDBG ORDINANCE.DOC
Stephen J. Luecke, Mayor
fi~~~ j~l ~i~~`~'~ ~~t~~~
acT 21 ~ao~
CI+Y C:l'EP,(, E_~, a~i~4D, I'J, -
J
1200 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SovTII BENn, INDwvA 46601-1830
PHONE 574/ 235-9371
Fnx 574/235-9021
TDD 5741 23 5-5 5 67
CITY OF SOUTH BEND . STEPHEN J. LUECKE, MAYOR
COMMUNITY ~L ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
October 19, 2009
(~ 1 I IJ~ X~-~h
Mr. Derek Dieter
President
South Bend Common Council
227 W. Jefferson Blvd.
Suite 400
South Bend, IN 46601
Dear President Dieter:
The attached bill for the Council's consideration and approval will transfer $200,000.00 in
Community Development Block Grant (CDBG) funds as part of the 2010 Action Plan of the 2010 - 2014
Housing & Community Development Plan. As the Council will recall, the proposed allocation of funds
was discussed with the Community & Economic Development Committee on September 21, 2009, and
made public beginning October 2, 2009 fora 30-day public comment period. The plan was also the
subject of 2 public hearings on October 14th. This bill is a companion to the CDBG general appropriation
bill of $2,463,435.00 also filed today.
Should there be any questions on this bill please contact me at 235-5845. I will be present to
address this issue at the November 9th meeting. Thank you.
Sincer..ely~ ,
Pamela C. Meyer
Director
cc: John March
Judy Rosheck
Jeff Gibney
.-~--- (~~~tG~
~il~~ t~ ~E~r~:'~
OCT 2 1 2009
s{j's~;i :rGCRBE
Cii f Ci.~~tt+, W~'. wMIdD; Ell.
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL B<' PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT '
574/235-9660 5741235-9371 Euznaere LEONARD ~~``~^
FAX: 574/235-9697 >74/235-9371 C'
L
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCII, OF THE CITY OF SOUTH BEND,
II~TDIANA TRANSFERRING $200,000 AMONG VARIOUS ACCOUNTS WITHIN
FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF
COMMUNITY .AND ECONOMIC DEVELOPMENT
Statement of Purpose and Intent;
In order to assure the efficient and timely utilization of Community Development Block Grant Funds in
accordance with the community's Housing & Community Development Plan, transfers are needed:
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows:
SECTION I. The sum of $200,000.00 is hereby transferred among accounts within Fund 212 as set forth
below. This appropriation shall be administered in fiscal year 2010 by the Department of Community and Economic
Development and its subgrantees, in accordance with the 2010 Housing and Community Development (HCD)
Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions:
Reduce the following: Amount
CD07 - 8107 REWARD 13,000
CD07 - 8104 CHC 93,907
CD07 - 8114 Code Demolition Program 93,093
Total $200,000
Increase the following: Amount
2010 Rebuilding Together, Inc. 135,000
2010 LaCasa de Amistad building rehab project 25,000
2010 South Bend Police Department -Foot Patrols 40.000
Total $200,000
SECTION II. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Member of the Common Cgoun
a?:. _e; :t~ i ~ _ ~ a
~e F.~^~T.. ~ 1'Y r~si `u#<:J ~ :9,fiS is ti~ 111
Attest: ~~~-~ i~'~a f~ r
a
~,~t Hie nr.{~n:a t~~3 X42• ~7~s~
t~J4:~ck~M~i+~ LwtitiS'='F l~7ii ~T.: i1 va Ni+.~
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
20 , at o'clock .m.
City Clerk
Approved and signed by me on the day of
o'clock .m.
1 st READING l `~ -?~-~"`\
PUEtfC YE",f2E4~lG
3 rd P.EADIt~!G
NOT APPROVED
teph
( ~,. C:~ 2 i 2GC9
20 , at
J. Luecke, Mayor
REFERRED
peccFn
•,
~. ~~ 1~~ ~ ~ ~--~z
RESOLUTION NO.
- A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 1101 EAST JEFFERSON BOULEVARD
ALSO KNOWN AS 1113'/ JEFFERSON BOULEVARD, SOUTH BEND,
INDIANA
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the
Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-
7-4-918.6; and
WHER~A S, the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant
to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDL~NA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for the property located at: A part of the
Northwest Quarter of Section 7, Township 37 North, Range 3 East, City of South Bend,
Portage Township, St. Joseph County, Indiana and being more particularly described as
follows: Commencing at the northwest comer of said Northwest Quarter of Section 7;
thence South 00°16'45" East along the west line of said quarter, a distance of 129.33 feet
to the northeast corner of the Northeast Quarter of Section 12; Township 37 North, Range
2 East; thence South 00°13'54" East along said west line, a distance of 712.78 feet to the
point of intersection of said west line with the south right-of--way line of Colfax Street,
projected westward; thence North 89°45'53" East along said south line, a distance of
179.25 feet to the point of beginning; thence continuing North 89°45'53" East along said
south line, a distance of 199.38 feet to the northwest corner of Lot 10 as shown on the
recorded plat of Sunnyside Minor Subdivision in the Office of the Recorder of St. Joseph
County, Indiana in Plat Book 22, Page 5-11; thence South 00°20'52" East along the west
line of said subdivision and the west line of Sunnyside Subdivision (Unrecorded), a
distance of 893.11 feet to a point on the north right-of--way line of Jefferson Boulevard;
thence for the next two course along said north line, the first course being along anon-
tangent curve to the right having a radius of 1987.73 feet, a central angle of 06°13'58"
and limited in length by a chord which bears South S6°59'05" West, a distance of 216.12
feet; thence South 89°36'59" West, a distance of 104.57 to said north line's intersection
with the east right-of--way line (60' east half right-of--way) of Eddy Street; thence North
00°13'54" West along said east line, a distance of 720.22 feet; thence North 89°46'01"
East, a distance of 118.82 feet; thence North 00°05'51" West, a distance of 183.64 feet to
the point of beginning containing 6.11 acres more or less
in order to permit off site parking for the building on the adjacent lot.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, .
the Common Council hereby approves the petition of the Area Board of Zoning Appeals,
a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare;
2. Tlie proposed use will not injure or adversely affect the use of the adjacent
area or property values therein;
3. The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of
South Bend Comprehensive plan; all of which is requested by the South
Bend Municipal Code § 21-09.03 (i).
5. The special exception use to allow offsite parking on Lot 2 for the
building on Lot 1 is essential to the continued presence of the School and
Church on Lot 1 and strict application of the terms of the zoning ordinance
and denial of the variance will create an untenable hardship;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Area Board of Zoning Appeals which are on file in the
office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption
by the Common Council.
Member of the Common Cocci-' 1
~~ESE~97E~ ~ (~ -L~--`~~(
~;:~~ ~~i ~~~~Q
e~~ ~ ~a~
cJ ~ ~ ~ . ~~?E~ t
n. .,t~ . ' ~,Ja ti,.
a~~>^!E {. ,. ~ y 9 '+~ Wit.
~.+~~i,£'4'T RG +,~)tE~ 4_s ~- pp`~ .,G311.t~ ~~i %efl
i L ~ C. ~'u ~l`.v Fvtili3u~~~5
~~~;.~ pis ~.~:;_ .~
J ~ ~~
~E~ i ` ~~~'~~
~sc,:,~ rc: arti
~-~t ^~ =p,, sc, c~r4~a, t~~_
LANG, FEE~EY and ASS®CIATES, I(~C.
LAN® SUR1lEYING - CCiV~TRUCTI®N ENGINEERING
~ '~ ~i 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601
TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374
WILLIAM D. LANG, PRES.
JOHN B. FEENEY, L.S.
INDOT PREQUALIFIED: TEP.,ANCE D. LANG, L.S.
5.4 ECOLOGICAL SURVEYS
5.5 WETLAND MITIGATION
6.1 TOPOGRAPHIC SURVEY DATA COLLECTION
Area Board of honing Appeals
125 South Lafayette Blvd. Suite 100
South Bend, Indiana 46601
SUB-DIVISIONS
BOUNDARY SURVEYS
CONSTRUCTION SURVEYS
PUBLIC WORKS PREQUALIFIED
Re: !/ariance Petition -
CGC Holdings, LLC (Applicant) First Christian Church of South Bend, In, Inc (Owner)
4100 Edison Lake Parkway 1101 Jefferson Boulevard
IVlishawaka, Indiana 46545 South Bend, Indiana 46617
574-288-4100 574-289-2417
Good Shepherd Montessori School (Applicant)
1101 East Jefferson Boulevard
South Bend, Indiana 46601
574-288-0098
To the Honorable Board,
The petitioned parcel is located at 1101 East Jefferson Boulevard, also known as 1113
'! Jefferson Boulevard in South Bend. This site is currently the First Christian Church at the
northeast corner of Jefferson Boulevard and Eddy Street. The site contains the existing
church facility, a maintenance garage, along with ample parking. The current zoning is SF1
Single Family Residential and is within Portage Township.
First Christian Church has sold the property to Good Shepherd ~llontessori School (the
other current user ofi the facilities at this location). A condition of this transaction is that a lot
was to be created and sold to CGC Holdings, LLC utilizing the Colfax Avenue frontage of this
property. When this lot is created, there will be a maintenance building on the newly created
lot without a primary structure. Additionally, the new lot will still have all the parking on it that
is currently located there. Consequently, because of the creation of the new lot on Colfax
Ave. the variances and special exception included with this petition are now necessary. l'~o
physical changes to the property are being considered at this time nor is any construction
imminent that would require these variances.
Therefore the foilo~ving variances are being requested: .
For Lot 1
~A variance from the required 25' rear yard setback for parking spaces to no rear yard setback.
For Lot 2
~ Special Exception Use to allow off site parking for the building on the adjacent Lot 1;
A- variance from the required 25' rear yard setback for parking spaces to no rear yard setback;
A variance from the required 20' side yard setback for parking spaces to a 16.4' side yard
setback along o~aest line;
A variance from the required 20' side yard setback for parking spaces to a 4.6' side yard
setback along east line;
A variance to allow an accessory building without a primary structure; and
~! variance from the required 20' side yard setback for an accessory building to 5.2' .for the
existing garage,
Since no physical changes are being made to the existing sites, the proposed Special
Exception Use to allow off site parking will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare. The offsite parking will
not injure or adversely affect the use of the adjacent area or property values therein. The
special exception use to allow offsite parking on Lot 2 for the School and Church building on
Lot 1, vrhich is used by Good Shepherd (Montessori School and First Christian Church, is
essential to the continued presence of the School and Church and, therefore, strict
application of the terms of the zoning ordinance and denial of this variance will create an
untenable hardship for the School and Church. To continue parking Yd-ill be consistent with the
character of the district in which it is located and the land uses authorized therein; and the
proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan.
S~ ly,
J. ernard Feeney
Lang, Feeney and Associates, In
AREA BOARD OF ZONING APPEAL
SITE PLAN
PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP .37 NORTH, RANGE 3 EAST,
CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
~I COTRELL'S ADDITION I ~ I ~.
I ¢ I ~ N I
I I I- 1 z m
I PT. 19 I oN1 PT. 19 1 = ~ I PT. 16
I o RIGHT-OF-WAY LINE ~ _ _ _. _ _ ~J ~ I N ~ - - -
0
~ I ~ ~ - -
~ ~ I ~r °~~. A -
EDDY STREET ASPHALT ,,,,moo
I
I M ~
~ SCfR
\\\
~
O
r \
`\
l
N I
~ LAWN AREA
m
o ~
m
.~ ~ .~
~ ~_~ ~
z
O
~
I
A ¢~
i
I ~ -
I -' I L=216.23'
1 ~ R=t9a7.73'
~=06'13'58"
BRG=586'59'05"W
i
_
..~ IC LEN=216.12'
~
„
1s 1
I ~
1 to
I J
I 1 Ip ~
~
I
1 1C
1 1m 2 ~
1~ 1 ___~
LAWN AREA
1
al
~I 1
^I I PT. 16
- - ~ ~ - - ~ - - I~ NORTHEAST QUARTER,
SECTION 12, TWP. 37 SOO'16'45"E
T INE OF SECTION 7 NORTH, RANGE 2 EAST 129.335~T
LAWN AREA
i
i
BUILDING
I I
c~-
2"E 893.h 1" I
SUNNYSIDE SUBDIVISION
5 ~ 6 ~
I.
_ J_
CONESTOG
8
WES~'_~-- ~-_-vT POC
- - - '- - - - r r
I S00'13'S4'E 712.78'
~ NORTHWEST CORNER,
I NORTHWEST QUARTER,
U~ SECTION 7, TWP. 37
I
"'q 1 ~ IJORTH, RANGE 3 EAST.
- - ~- - -
a
w ~
I
[V p
-
~
~ I
~ l
1 e I
~ N00'05'51"W z
I
. 183.64'
z N I
52
1s.4' I ro I
9.3 T O B /
J
'
J ---1
A I Z
¢ I
wl
`r7
co ~ x
Q
U
it") I
~.
2 I ~~
m
l o
I
I
ZI
PARKING LOT 4.6
I
199~37~ - ~ ~.,
~
z2s.s1' ~
~ I
16' SOUTH BEND UTILITY I
COMPANIES EASEMENT w I
PER X0349679 Z I
~I I
I ,
31 I
I
SUNNYSIDE ~A1NOR SUB o
8001( 22, PAGE 5-11 ~I
10 ~i ~
~ I'
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Send, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
October 8, 2009
The Honorable Common Council
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
CGC Holdings, LLC, First Christian Church of South Bend, Good Shepherd Montessori School
ABZA 10/7/09
Dear Council Members:
The above referenced petition of CGC Holdings, LLC, First Christian Church of South Bend and Good
Shepherd Montessori School was legally advertised on September 20, 2009. The Area Board of Zoning
Appeals gave it a public hearing on October 7, 2009, at which time the following action was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and unanimously carried,
the petition for Special Exception to allow off site parking, on property located at 1101 E. Jefferson
Blvd. also known as 1113 Yz E. Jefferson, is sent to the Common Council with a Favorable
Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision
as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of
this report.
Sincerel
~~
Charles C. Bulot
Building Commissioner
CCB/cah
CGC HOLDINGS,LLC, FIRST CHRISTIAN CFIURCH OF SOUTH BEND, INC.
8r. GOOD SHEPHERD 1VIONTESSORI SCHOOL
SPECIAL EXCEPTION PURSUANT ? I-093(D)
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
1 . THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to
not being in,}urious to the public health, safety, morals, and general welfare of the community.
?. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding
properties. .
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
It is the feeling of the Board that the variance is blendinj into the overall Comprehensive Plan and is not deviating
from it's intent.
CONDITIONS OR REVISIONS: PETITION WITHDRAWN
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
Bend Common Council with a:
ADOPTED this 7th Day of October, 2009
YES NO
® MICHAEL URBANSKI
® RANDALL MATTHYS
ABSENT JACK YOUNG
ABSENT 'JACK HICKEY
® GERALD PHIPPS
® ROBERT HAWLEY
® JOE VELLEMAN
Ares ~I~n Cor~rnissi®n of St. Joseph County
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813
September 30, 2009
Area Board of Zoning Appeals
125 S. Lafayette, Suite 100
South Bend, Indiana 46601
1tE: Area Board of Zoning Appeals Meeting
Dear Board Members:
The following comments are being made concerning some of the items to be heard at the Area
Board of Zoning Appeals meeting on Wednesday October 7, 2009. The absence of comment on
any particular item should not be construed to mean that the staff agrees with the request.
Variances:
A variance from any of the development standards of the Zoning Ordinance may only be
approved upon the Board of Zoning Appeals making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing, that:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community;
(2) the use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner; and,
(3) the strict application of the terms of this Chapter would result in practical d~culties in
the use of the property Chapter.
3. The petition of Timothy W Gordy and Yvette D Gordy.
The Staff recommends denial of the requested variance for an accessory structure without a
primary structure. If the lots were combined in a replat, the variance would not be needed.
6. The petition of.Mary Jane Herbster and Rodney McBride.
The Staff recommends approval of the lot size and frontage variance for Parcel 1.
The Staff recommends denial of the frontage variance for Parcel 2. Granting the frontage
variance for Parcel 2 defeats the intent of the Agricultural District in maintaining large,
appropriately spaced parcels. The Staff recommends that Parcel 2 become an outlot, or that
Parcel 2 be combined wiih Lot 1 Buckles Minor in a new 2 lot minor subdivision.
i3. The petition of Starlight Care Center, LLC.
The Staff is not in favor of a one foot setback without a maintenance easement being granted by
the adjacent owner. A one foot setback leaves little room for maintenance without trespassing on
the neighboring property.
9. The petition of Huffaker Enterprises, Inc and Company G.
The Staff recommends approval of the 0 foot setback on the east and south side of the existing
building at the comer of Oakside and Main Street. The Staff also recommends approval of the
landscaping variances. Since the building is built to the lot line, there is no room for any
landscaping on the east and south sides of the building.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
The Staff recommends denial of the 0 foot setback for the two existing houses. The existing
situation, as shown on the site plan, places the houses at 18.2' and 16.8' from the front setback.
The Staff recommends that the variances be granted at the existing setbacks of 18.2' and 16.8'
respectively. If there is a time when the houses no longer exist, any new buildings would have to
be built to the standards of the current zoning code or have new variances approved at that time.
S1Pecial (E%ception) Use:
A special use may only be granted upon making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing.
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
(3) The proposed use will be consistent with the character of the district to which it is located
and the land uses authorized therein;
(4) The proposed use is compatible with the recommendations of the (St. Joseph County and
City of South Bend) Comprehensive Plan.
1Q. The petition of Dave Snyder and Dr. James Harris and Dr. Holly Harris.
The Staff recommends denial of the Special Exception for a two family dwelling: Any structure
designed and built as a duplex is out of character with the neighborhood. The Staff would note
that there are other methods to accomplish the petitioner's goal without establishing along-term
use that compromises the integrity of the neighborhood. The granting of the proposed Special
Exception would appear to be in violation of the above standazds number two and three.
11. The petition of CGC Holdings, LLC, First Christian Church of South Bend, IN, Inc. and
Good Shepherd Montessori School.
The Staff recommends approval of the Special Exception for off site parking. The property
containing the off site parking is currently part of the overall church property, but will continue to
be used for parking for the church building. It is the Staff s understanding that the parking will
continue as long as the school is in operation. The standards for granting a Special Exception
appear to be met.
12. The petition of Fulton Land ~ Building Company.
The Staff recommends approval of the Special Exception for exceeding the maximum allowed
outside storage area. The area to be used is surrounded by large industrial uses which will not be
affected by the storage area. The Staff recommends approval of the variances which allow a
practical application of the standards. The standards for granting a Special Exception appear to
be met.
Sincerely, ~
~ ~ ~ f ((////,'((
~~~,/~ "Il 41 1
r~ Sfa Nayder , ~ C`l~'
Planner
~J~l~ ~o. O~-ba
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
616 N. ST. PETER STREET
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the
Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-
7-4-918.6; and
WHEREAS, the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant
to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for the property located at: 616 N. St.
Peter Street in order to permit a special Exception to allow a group residence in the MF1
District for up to 5 unrelated people.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Area Board of Zoning Appeals,
a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein;
The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of
South Bend Comprehensive plan; all of which is requested by the South
Bend Municipal Code § 21-09.03 (i).
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Board of Zoning Appeals which are on file in the office of
the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption
by the Common Council.
pal.` ~o_ ~
Member of the Common Co il.
~ ~:;~
~n~~ cs ~~~r ~_?' ~ ~ r~ f~ ~?rnv~da an
~~~O~af?ii}7 fcr- R~~;~v h~a~in~ Snit
Calna7 ac~~n o~ ttus ~t~
~ESE~iTECJ ~l~l`~I'~ 1
NOT APPA~Ji/.EA
~~1~~ in ~i~rk'~ ~fifice
AUG 1 1 20Q9
JC~'t~, VOORDE
CfTY C[.E~;K, B0. BE~ED, IN.
ADOPTED
Stephen Dragovich
616 N. St. Peter St.
South Bend, Indiana 46617
August 11, 2009
Board of Zoning Appeals
The city of South Bend, Indiana
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
Council Members,
~~o~
I respectfully request a special to allow a group residence in the
MF1 district for up to 5 unrelated people. The proposed use will not be
injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare; due to the overwhelming like use already
prevalent within my block. A concentration already exists of student
housing; so my property is landlocked by these MF1 properties.
In addition, the proposed use will not be injure or adversely affect the
use of the adjacent area or property values therein; once again, I'm
landlocked by MF1 zoned houses which can only benefit from my rezoning
to MF1 with special exception.
-The proposed use will be consistent with the character of the district
in which it is located and the land uses authorized therein; and therefore
my request, given the concentration of student housing within the near
northeast side neighborhood, is a consistent use of property within my
district.
The proposed use is compatible with the recommendations of the city
of South Bend Comprehensive Plan from a practical perspective. South
Bend has identified MF1 districts within its geographical city limits. I live in
a designated MF1 district so I only respectfully ask for your favorable
consideration of my request.
Respec ~ Ily, n
-~ ~
Stephen Dragovi
28#t 1.ft s.
~~ 0 l
'
~+
2 Car Detached c
['_61 Sq ftl
~ O ~ 19ft
_
ior,
1 1
~ 1 1-
In
1 -1
5.1ft 1 1'
.........__.._...J .~
F,, 1 1 ,~
1
N I
~ 1 j ~
1
1
1 j
1
1
1
I
1
1 1
1
1
I c
t
NI 1 N
1
1
1
1 1
t
1
1 R?=,i~er_e
f
1 1
1
1
1 t
I
4 1
r
:: =~
1
1 1_
1
~ 1
I I q
1
1 1
~~~~~~~~ ~~~~~~~J
25.6ft
SSft
According to aerial photos, the front lot line runs along the east side of the sidewalk. The residence is
set back approximately 18' from the West, front~lot line and sits approximately 42.5' from the East, rear
lot line. The residence is set approximately 20.5' from the North, side lot line and 8' from the South,
side lot line.
l
Cels ~. ounry rarceis
MAILIN
Rec PARCELID NAME_1 MAILINGADD MAILINGCIT ING GZIP PROP_ADDR
816 SOUTH BEND
1 0 18-5031-1106 BROADWAY EMMA 816 South Bend Av South Bend I N 46617 AV.
LEGACY SQUARE 621 NOIRE DAME
2 018-5031-112601 DEVELOPMENT LLC 621 Notre Dame Ave South Bend IN 46617 AVE
GROSS & COHEN VAC LOT 18 ALMOND
3 018-5031-1110 NOIRE DAME LLC 374 Old Montague Rd Amherst MA 1002 CT.
LIVET AFRICAN
METHODIST EPISCOPA VAC LOT 17 ALMOND
4 018-5031-1116 & CHURCH 719 N Notre Dame Av South Bend IN 46617 CT.
WENS HEATING
5 018-5032-1154 COMPANY 1115 Fremont South Bend IN 46628 743 SOUTH BEND AV
BLUE & GOLD HOMES
6 018-5032-1155 LLC ~ 51524 BRIGHTON CT Granger IN 46530 749 SOUTH BEND AV
AJP REAL ESTATE
7 018-5032-115601 GROUP LLC PO Box 232 Mishawaka IN 46546 755 SOUTH BEND AV
RUST NUMBER 753
SOUTH BEND AVE
AUDREY RICHARDS
8 018-5032-1156 TRUSTEE 753 South Bend Av South Bend IN 46617 753 SOUTH BEND AV
ORTHEAST
NEIGHBORHOOD
REVITAL- RATION
9 018-5032-1153 ORGANIZATION INC 803 Lincon Way W South Bend IN 46616 741 SOUTH BEND AV
RCELLO
SALVATORE AND
10 018-5031-1095 MARISA 735 E Sorin South Bend IN 46617 735 SORIN
FEINGOLD RICHAR
11 018-5031-110401 STANLEY 1011 E Donmoyer Ave South Bend IN 46614 813 SORIN
EGACY SQUARE 617 NOIRE DAME
12 018-5031-1127 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE
LEGACY SQUARE
13 018-5031-1126 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 VAC LOT 33 SORIN
ZIMMER WILLIAM L & VAC LOT NOIRE
14 018-5031-1125 JULIA A 18075 Roosevelt Rd South Bend IN 46614 DAME AVE
15 018-5031-1104 KIMBLE CARL J & ANNA 840 N Ironwood Dr South Bend IN 46615 819 SORIN
VAC LOT 33 NOIRE
16 018-5031-1124 WILLIAMS GILBERT L JR 1205 CAMPEAU ST South Bend IN 46617 DAME
17 018-5031-1099 NVNG LLC 812 E LaSalle One South Bend IN 46617 618 N ST PETER
UNIVERSITY OF NOIRE 713 N NOIRE DAME
18 018-5031-1121 DAME DU LAC 224 PLANNER HALL Notre Dame IN 46556 AVE
GROSS ~ COHEN
1 9 018-5025-0867 NOIRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 802 SORIN
GROSSi~COHEN
2 0 018-5025-0869 NOIRE DAME II LLC 374 OI Montague Rd Amherst MA 1002 810 SORIN
GROSS & COHEN
2 1 018-5025-0870 NOIRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 814 SORIN
2 0 18-5025-0871 HARRIS VELMA J 8 18 SORIN ST South Bend I N
3 0
18-5025-0872 TTON LE ROY JR.
AND HELEN J. 5
3307 Peggy Ln
South Bend I
N
!4
018-5025-0873 BETSIAFA PATRICIA
ANN & DOUGLAS K
224 N Sunnyside Ave
South Bend I
N
!5
018-5025-0874 GROSS & COHEN
NOTRE DAME II LLC
374 Old Montague Rd
Amherst
MA
?6
018-5025-0875 ONER ROSIE L'SEE
TRANSFER NOTES'
834 E SORIN
South Bend
IN
?7 018-5024-0846 GILLIS PETER F III 318 N Lafayette Blvd South Bend IN
Z8
018-5025-0876 GROSS & COHEN
NOTRE DAME 11 LLC
374 Old Montague Rd
Amherst
MA
29
018-5031-1097 GROSS & COHEN
NOTRE DAME LLC
374 Old Montaque Rd
Amherst
MA
30 018-5035-1239 HILL BERLEANE 729 South Bend Av South Bend IN
31 018-5031-1117 GOLLINS KATHALEEN 812 Almond Court South Bend IN
32 018-5031-1118 REESE JOHN & OTHA L 51545 Autumn Ridge Granger IN
33 018-5031-1119 WILLIAMS GILBERT L JR 1205 Campeau South Bend IN
34 018-5031-1120 FLOWERS KEITH 20801 Roosevelt Road South Bend IN
35
018-5031-1103 GROSS & COHEN
NOTRE DAME LLC
374 Old Montaque Rd
Amherst
MA
36 018-5035-1238 OUGLAS GLINTON I11 PO Bax 8265 South Bend IN
37
018-5031-1129 LEGACY SQUARE
DEVELOPMENT LLC
38 S Blaine Ave
Hinsdale
IL
38
018-5031-1093 GROSS & COHEN
NOTRE DAME LLC
374 Old Montaque Rd
Amherst
MA
3
9 018-5031-113001 LEGACY SQUARE
DEVELOPMENT LLC
38 S Blaine Ave
Hinsdale
IL
GROSS & COHEN
_
_ _-_
AAA
46617818 SORIN
46635 822 SORIN
46617 826 SORIN
1002 828 SORIN
46617 834 SORIN
46601 719 MINER
1002 836 SORIN
1002 630 N ST PETER
46617 729 SOUTH BEND AV
46617 812 ALMOND
46530 816 ALMOND
46617 820 ALMOND
46614 824 ALMOND CT.
1002 606 PETER
46660 727 SOUTH BEND AV
60521 823 SORIN
1002 609 ST PETER
613 NOTRE DAME
60521 AVE
~nm a~n PFTFR
4 0 018-5031-1102 NUIKt UHMt LLt, oiw ~~~ rvivinayu~. ~"' • °••••-•--
716 SOUTH BEND
41 018-5035-1249 HOLMER THOMAS 716 South Bend Av South Bend IN 46614 71$ SOUTH BEND
42 018-5035-1250 JDS PROPERTIES LLC 17642 PARRISH CT South Bend IN 4663 5 AVE.
43
018-5031-1092 GROSS 8 COHEN
NOTRE DAME LLC
374 Old Montague Rd
Amherst
MA
100
2
613 ST PETER
44
018-5031-1101 GROSS & COHEN
NOTRE DAME LLC
374 Old Montaque Rd
Amherst
MA
1002
614 N ST PETER
OUSING AUTHORITY 724 SOUTH BEND
45 018-5035-1251 OF SOUTH BEND 501 S Scott St South Bend IN 46613 AVE
732 SOUTH BEND
46 018-5035-1252 FAIRMONT HOMES P.O Box 27 Nappanee IN 46550 AVE
SOUTH BEND-VAC
47 018-5035-1237 EDNEGO ALEX &
LEOMI 5023 Selkirk Dr South Bend IN 46614 LOT AV
TERNOWSKI PHILIP 705 NOTRE DAME
48 018-5031-1122 C & CAROLYN 21387 Mays Dr South Bend IN 46628 AV.
ZIMMER WILLIAM L &
49 018-5031-1123 JULIA A 18075 Roosevelt Rd South Bend IN 46614 629 NOTRE DAME
50 018-5031-1089 BUMBACA FILIPPO 1707 So Bend Ave South Bend IN 46637 740 SOUTH BEND AV
SCHIRRIPA ANTHONY
51 018-5031-1098 AND THERESE A 2123 Riverside Dr South Bend IN 46616 626 N ST PETER
NORTHEAST
NEIGHBORHOOD
REVITALIZATION
52 018-5032-1152 ORGANIZATION 803 Lincolnway West South Bend IN 46616 739 SOUTH BEND AV
TURNOCK-VACANT
53 018-5035-1243 MADISON CENTER INC 403 E MADISON ST South Bend IN 46617 LOT ST
VAC-ADJ TO 740 S
54 018-5031-1090 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 BEND AV
55 018-5031-1096 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 812 SOUTH BEND AV
814 SOUTH BEND
56 018-5031-1105 ROBINSON DAVID A 814 South Bend Av South Bend IN 46617 AV.
NEIGHBORHOOD
REVITALIZATION
ORGANIZATION INC%
SOUTH BEND
HERITAGE
57 018-5035-1240 FOUNDATION 803 LWW South Bend IN 46616 731 SOUTH BEND AV
NORTHEAST
NEIGHBORHOOD
REVITALIZATION
ORGANIZATION INC%
SOUTH BEND
HERITAGE
58 018-5035-1241 FOUNDATION 803 LWW South Bend IN 46616 705 TURNOCK ST
VAC LOT ALMOND
59 018-5031-1107 BROADWAY EMMA 816 South Bend Av South Bend IN 46617 CT.
O VET AFRICAN
ETHODIST AND
60 018-5031-1113 EPISCOPAL CHURCH 719 N Notre Dame Av South Bend IN 46617 719 NOTRE DAME AV
LEGACY SQUARE 605 NOTRE DAME
61 018-5031-1130 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE
62 018-5031-1094 MANTA MARlO E 50929 Mulholland Dr South Bend IN 46628 605 N ST PETER
WRIGHT SAMUEL LEE
63 018-5031-1091 %CUSTOM MASONARY Po Box 11645 South Bend IN 46634 617 ST PETER
DRAGOVICH
64 018-5031-1100 JOHN'MISC 314 E Peashway South Bend IN 46617 616 N ST PETER
18-5031-11 ~00
Portage. ~'vtip
Inrormalion shown on this map is not warranted for
accuracy or merchantability. Reproduction
of this material (s not possible without written
permission of Sl. Joseph County, Indiana.
Data Printed: August 10, 2009
Pholography:Spdng 2002
N Prepared by:
Sl. Joseph County Offca of GIS
W E 227 W. Jefferson Blvd.
Saulh Bend, Indiana 46601
3 ' Phane: (574) 245-6583
1 inch equals 101.334291 feet
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
September 3, 2009
The Honorable Common Council
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
ABZA 9/2/09
Dear Council Members:
The above referenced petition of Stephen Dragovich was legally advertised on August 16, 2009.
The Area Board of Zoning Appeals gave it a public hearing on September 2, 2009, at which time
the following action was taken:
Upon a motion by Mr. Urbanski, being seconded by Mr. Hawley and unanimously
carried, the petition for Special Exception for a group residence for up to five unrelated
people, on property located at 616 N. St. Peter Street, is sent to the Common Council
with No Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the
above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a
later date, to be made part of this report.
Sincerely,
G~~-~"°"
Charles C. Bulot
Building Commissioner
'~~S' o/
CCB/cah
DRAGOVICH
SPECIAL E7:CEPTION PURSUANT ? 1-09.3(D)
AREA BOARD OF ZONING APPEALS
FINDINGS OF FACT
] . THE PROPOSED USE V/ILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUNITY MORAL STANDARDS, CO]~TVENIENCE OR GENERAL WELFARE BECAUSE:
The evidence presented at the Area Board of Zoning Appeals meeting was in the Board's opinion conflicting and
inconclusive. Therefore,-the Board is of the opinion that the Council would be in a better position to hear further
clarification and more evidence on this petition.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY VALUES THEREIN BECAUSE:
3. THE PROPOSED USE WILL BE CONSISTENT VdITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVEPL,4ArBECAUSE:
CONDITIOI~TS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
Bend Common Council with : NO RECOMMEI~`DATION_
ADOPTED this 2ND Day of August, 2009
YES NO
® MICHAEL URBANSKI
ABSENT RANDALL MATTHYS
® JACK YOUNG
ABSENT JACK HICKEY
® GERALD PHIPPS
® ROBERT HAWLEY
® JOE VELLEMAN
1140 County-City Building
South Bend, Indiana 46601
John W. Byorni
Executive Director
Larry P. Magliozzi
Assistant Director
Phone 574 235-9571 www.stjosephcountyindiana.coin/areaplan Fax 57 235-9813
August 26, 2009
Area Board of Zoning Appeals
125 S. Lafayette, Suite 100
South Bend, Indiana 46601
RE: Area Board of Zoning Appeals Meeting
Dear Board Members:
C~~l,,~'~ (~~~~lt~~
~~d~a ~~
pUG 2 ~ 2CD~
JCHh''~~~ gct~Q, I;1.
CITY CI•x8~t'~ " '-~=-®
The following comments are being made concerning some of the items to be heard at the Area
Board of Zoning Appeals meeting on Wednesday September 2, 2009. The absence of comment
on any particular item should not be construed to mean that the staff agrees with the request.
Variances•
A variance from any of the development standards of the Zoning Ordinance may only be
approved upon the Board of Zoning Appeals making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing, that:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the commzcnity,-
(2) the use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner; and,
(3) the strict application of the terms of this Chapter would result in practical difficulties in
the use of the property Chapter.
1. The petition of Del M. Hensley
The Staff recommends denial of the requested variance for an accessory structure without a
primary structure. By definition, an "accessory" structure cannot exist without a primary
structure. Accessory structures without primary structures may tend to convert to, and be used
for, non-residential uses. In the past, the Board has occasionally allowed an accessory structure
when if was the intention of the petitioner to build a house and the accessory structure was used to
store materials and equipment. In this case, the petitioner does not intend to build a house on this
property. It appears that it is the petitioner's intention to build a personal storage building in the
midst of asingle-family area in which he does not reside.
2. The petition of Vikie 1VIason and lllusion Salon Spa.
The Staff recommends denial of the height variance. The request for 25' in height is more than 3
times the allowed height of 8'; a 212% increase. Variances for increased size undermine the
intent of the sign ordinance, and requests should have a clear relationship to unique site
conditions beyond the petitioner's control. When the new sign ordinance was passed in 2004, the
intent was to: "eliminate excessive and conficsing sign displays; maintain and improve the
appearance of the City of South Bend as an attractive place in which to live and conduct
business; and safeguard and enhance property values by minimizing the possible adverse effects
of signs on nearby public and private property ". This sign would be a visual barrier and
distraction to the busy intersection at Ironwood and Edison Roads, and may very well shield the
building and sign at the southwest comer of the intersection.
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
6. The petiton of )Larry floe and ]Rosalie A McCay and b~onaIld ~ Cyntllaia )C,.1~dc~Cay.
The Staff recommends approval of all variances. This configuration seems to preserve the largest
amount of agricultural land. Due to the location of the existing houses, the Staff has no objection
to the frontage variance.
9. The petition of ~loah Var~nak, Town of l~ew ~Carlnsle.
The purpose of setbacks is to insure that structures do not negatively impact the use and
enjoyment of adjacent properties. In this case, the adjacent property is a public right-of--way, with
the maintenance of that right-of--way the responsibility of the Town. Having a structure on the
property line will require extra diligence, and exposed liability, on the part of the Town at the
time that the alley is re-graded or perhaps eventually paved, to insure that no damage occurs to
the structure.
10. The petition of into done.
The Staff recommends denial of the variance. This property in within INDOT's construction area
for the State Road 23 road project. Since the entire site is being redesigned, no hardship exists. It
is possible to design the site and maintain the 15' front yard setback. Only 26 parking spaces are
required (3.5 spaces per 1,000 square feet of retail space), yet 46 are provided; more than double.
If the 10 spaces within the front setback were eliminated, a variance would not be needed and the
number of parking spaces required would have been met and exceeded. The maneuvering aisle
width required is 24'; yet is being shown as 30'. An additional 6' would allow fora 11'6" front
yard. The building could be moved the additional 3'6" to the north and a variance would not be
needed.
12. The petition of Portage Manor.
The Staff recommends denial of the variance. The placement of the new sign is clearly visible
and the recently completed new intersection will help to identify the entrance. While visiting the
site there were no perceived obstructions to viewing an appropriately sized sign. The proposed
sign will be 225% taller and 335% larger then allowed. When the new sign ordinance was passed
in 2004, the intent was to: "eliminate excessive and confusing sign displays; maintain and
improve the appearance of the City of South Bend as an attractive place in which to live and
conduct business; and safeguard and enhance property values by minimizing the possible adverse
effects of signs on nearby public and private property ".
Special (Exception). Ube:
A special use may only be granted upon making a written determination and adopting
appropriate Findings of Fact, based upon the evidence presented at a public hearing.
(1) The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
(3) The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
(4) The proposed use is compatible with the recommendations of the (St..Ioseph County and
City of South Bend) Comprehensive Plan.
15. The petition of Pedro, Veronica and Lashon Gurrola.
The Staff recommends that the Special Exception Use be sent to the Common Council with a
favorable recommendation subject to the use as defined in this petition with. regards to the
number of residents, the type of residents, and the type of services provided. The description of
the proposed use appears to meet the standards for granting a Special Exception.
1~. The petition of I(~S and ,Yacgnellyn ~uclder.
These properties are located within the Chapin Park Local Historical District and the Chapin Park
National Register District. The Historic Preservation Commission identified the house located at
309 Marion as a contributing structure in 2005 and therefore the house cannot be removed
without the approval of the Historic Preservation Commission. The full comments from the
Historic Preservation Commission are attached. Therefore the Staff recommends that the petition
be tabled until the Historic Preservation Commission can fully review this petition.
In the event that the petitioner does not want to table this matter, the Staff would recommend that
this petition be sent to the Common Council with an unfavorable recommendation.
17. 'The petition of')<'aste of Ndexico. Revised petition.
The Staff recommends that the Special Exception Use be sent to the Common Council with' a
favorable recommendation. The Staff's approval of the front yard variance is subject to
additional landscaping along Western Avenue. The City and the Western Avenue Steering
Committee have been working to green the corridor and enhance the pedestrian environment. A
Low hedge plant would add a green buffer along Western Avenue but be low enough to not block
site distance for safety. Staff would note that the north south alley to the east was vacated in
2005, adding an additional 7' to Lot 827. The variance for maneuvering aisle width is no longer
needed. If the east/west alley to the south will be used as ingress and egress from the parking
area, the City Engineer requires it be paved from Kaley Street to the eastern boundary of the
property.
1S. The petition of Louis and Bonnie Smith and Walsh Construction Company.
The Staff recommends that the Special Exception Use be sent to the County Council with a
favorable recommendation subject to the standards of Article 8.02.O1.A.2.m. It appears this
petition meets the size and setback requirements. The Staff is unaware if an indemnity
agreement has been filed, a requirement prior to approval and construction of the borrow pit.
19. The petition of Stephen Dragovich.
The Staff recommends that the petition be sent to the Common Council with an unfavorable
recommendation. It is the long-term goal of the Northeast Neighborhood Council to return the
neighborhood to single family uses. The projected land use plan in the Northeast Neighborhood
Development Area Plan (2003) identified this block of St. Peter Street as single family home
ownership preservation. Granting a special exception allows a group residence permanent status.
The other legal non-conforming "boarding houses" on this block will revert back to single family
homes if the non-conforming use is inactive.
The property is pending rezoning to MF 1. The rezoning will be heard at the September 15, 2009
Area Plan Commission meeting.
Sincerely,
~ ~~ ~
Christa Nayder
Planner
'~~~~~ ~~ ~ ~~`~3
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
VACANT LAND IlVIl~~DIATELY BEHIND 2630 PRAHt~ AVENUE
(PRAHtIE APARTMENTS -PRASE I~
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A (10) TEN-YEAR REAL
PROPERTY TAX ABATEMENT FOR
PRAHt~ APARTMENTS HOUSING PARTNERS H, L.P.
WHEREAS, the Common Council of the City of South Bend, Indiana, has
adopted a Declaratory Resolution designating certain areas within the City as Economic
Revitalization Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as
Vacant Land Immediately Behind 2630 Prairie Avenue (Prairie Apartments -Phase II),
South Bend, Indiana, and which is more particularly described as follows:
Outlot B Hollingsworth Prairie Avenue, Minor Subdivision, Instr. #0654912
and which has Key Number 018-8153-5514.05, as an Economic Revitalization Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public
hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5;
and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrance's and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the area described herein as an Economic Revitalization Area for the
purposes of tax abatement. Such designation is for Real property tax abatement only and
is limited to two (2) calendar years from the date of adoption of the Declaratory
Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of (10) ten years, and
further determines that the petition, the Memorandum of Agreement between the
Petitioner and the City of South Bend, and the Statement of Benefits comply with
Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code
6-1.1-12 et sue.
SECTION III. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approved by the Mayor.
Member of the Common C uncil
~s>tra~;..l~ t.; ~~:e:a a;2;: i~ t~,.a~'~r ~` :'^'"~?G qq n^^
t~ `7 ~'
1~i{; ~S+.JF E:9. ry~~ ~P .'^V'~ i ~~ sj E~,..~r...; ~ 7+~oY
~``Cq ~!(~ Sy /1c`~ fp.~L fS?~+~ef_~el~a'+spv`.ii..'~u3~
VVLIf Y~tl: f.Lai:Jl1 ~PIY {84iU ~~T161~t~s.~
~~ES~N7Eu ~ 1-~-~~
~,t~r :~Pt~cvF~
OCT 1 5 2G09
1111 i ~~GI']R.~ JS~. 4G11 i/{ ~i`k•
~~~;~o
~j ~ ~ ~ r~~~ o~-~ `f
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS- WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1015 NORTH FRANCES STREET
AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
(5) FIVE-YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
PETER AND NANCY KILPATRICK
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially Distressed
Areas for the purpose of tax abatement consideration; and
WI~REAS, a Declaratory Resolution designated the area commonly known as 1015
North Frances Street, South Bend, Indiana, and which is more particularly described as follows:
That part of the Northeast Quarter of Section 1, Township 37 North, Range 2,
Portage Township, City of South Bend, St. Joseph County, Indiana which is
described as:
Lot # B of the Plat of "Frances Street Minor Subdivision" recorded as Document
No. 0835847 in the Records of the St. Joseph County, Indiana Recorder's Office.
Containing 0.185 acres more or less. Subject to all legal highways, easements &
restrictions of record.
and this property has Tax Key Number 18-5105-3672.01, be designated as a Residentially
Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend
Municipal Code Sections 2-76 et seq., and;
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the petition for real
property tax abatement and the Statement of Benefits form meet the requirements of Indiana
Code 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and fmds that the area meets one of the
following conditions as formally established in Ordinance No. 9394-03, which was passed on
February 10, 2003:
A. The area is comprised of parcels that are either unimproved or contain only one (1)
or two (2) family dwellings designed for up to four (4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36-7-9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as documented
by census information, local building and demolition permits, or certificates of
occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10%) of the total area within the Council's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable standards
for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of this
nature;
C. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment; and
D. That the totality of benefits is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code 6-1.1-12.1-3.
2
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this P..esolution by the
Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating
the area described herein as a Residentially Distressed Area for the purposes of tax abatement.
Such designation is for Real property tax abatement only and is limited to five (5) calendar years
from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and further determines
that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South
Bend and Indiana Code 6-1.1-12.1 et se .
SECTION VI. This Resolution shall be in fiill force and effect from and after its adoption by the
Common Council and approval by the Mayor.
11~~~~ ~V L~~J 1 ~~
Member of the Common Council
ail t~v~t`+~~'i Cei~! Ief~J~' daSLb ~
r~~~: ~~~~~~
~CrJ6TTK
~a~~? ~l°i ~E~~~~~ ~~fi~~
0 CT 1 5 2009
CET`{ Gi.vY ~ `:5 wQ. E ~;r~'r Ei~.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING THE SUM OF $450,000.00 FROM EMERGENCY SERVICE CAPITAL
IMPROVEMENT FUND NO. 288 FOR THE PURCHASE OF EMERGENCY DRIVER TRAINING
SIMULATORS PURSUANT TO A U.S .DEPARTMENT OF HOMELAND SECURITY GRANT
STATEMENT OF PURPOSE AND INTENT
The U.S. Department of Homeland Security awarded the City of South Bend Fire Department a
grant of $450,000.00 to provide Emergency Driver Training Simulators. The grant will be used
to obtain Emergency Driver Training Simulators for the Fire Department. The City of South Bend
is required to contribute 20% of the total project cost, or $90,000.00, and the U.S. Department
of Homeland Security is contributing the remaining 80% of the cost, or $360,000.00.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
Section I: The following sum of $450,000.00 be and hereby is appropriated from
Emergency Service Capital Improvement Fund No. 288 for the purpose of purchasing Emergency
Driver Training Simulators to be used by the South Bend Fire Department pursuant to a U.S.
Department Homeland Security grant, of which 80% ($360,000.00) is the federal share and
20% ($90,000.00) is the City of South Bend's share.
Section Il: This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
YJ.~~ ~0.0~.~ ~ QfJ
Member of the Common Council
Attest:
i~r}~jt~~ ii7 ~3irM x f~'e E^ .,~~. ` °=Z ia~?^), ., mot'
.. d b Y lS. W 7~ :. f~3 c9~ s.• hi SEi'otub r~
t >,~'.~}t `~e?:.s.~~~t,1 f'.w'F ~*•~....".r e _ ~. ~ :tq °'r;r
E:'~"~'. E'6 c~ f~ '.1i
~~.1S~v,l ttts:.r~ae ~+'n i<~tl~ ov-i~dn
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2009, at o'clock _ . m.
City Clerk
Approved and signed by me on the day of
o'clock . m.
2009, at
Mayor, City of South Bend, Indiana
1 st REAI~i't t~ ~" ~ `~~'~
PUBLIC k~EY.f.ItifU
3 rd RE~~DiI~lG
PLOT APP°QVk~.
~(10~i ~l~ ~1wi"~:.~
a ^~
CITE CLuR'?;,JCS ~E :kD,':~.
REfERRE~
~ASSE~
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PxoNE574/235-9251
FAx 574/235-9171
TDD 574/ 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
November 4, 2009
Mr. Derek Dieter, President ~`~~ ~~ Q~..,~~
South Bend Common Council U
227 West Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance to Appropriate Monies from Loss Recovery Fund (#277)
Dear Mr. Dieter:
This is to request appropriation of some of the MTBE settlement funds that were deposited in the
Loss Recovery Fund (#277). There are two projects. The first is $ 165,000 for replacement of spent
granular activated carbon in our water treatment GAC units that protect the public water supply from
threats from groundwater contamination. This is a firm bid price. This is a priority one use of the
fund. The second project is $40,000 for sampling, testing, and a closure report for an unknown UST
that was found during the demolition of the former Studebaker Museum. The proper closure report
requires more field verification and reporting.
In addition, the Loss Recovery Fund desires to reimburse Water Works for $257,457.00 in expenses
related to the MTBE Lawsuit incurred during 2004 through 2007.
I will be present to explain this Ordinance.
Regards,
f~
Gary A. Gilot, P.E., Public Works Director
cc: The South Bend Common Council
Mayor Stephen J. Luecke
Controller Gregg Zientara
Office of the City Clerk
~a~ed tit ~le~~'~ ~~fi~e
NaV - a 2009
JGHP! VOuRDE
CITY CLEi;Y,, SG. 8~~lD, t4V.
ENGINEERING ENVIRONMENTAL SERVICES CENTRAL SERVICES
CARL LITrRELL
P
E DILLON, Px.D.
JOHN J Mnrr CHLEBOWSKI
,
.
.
574/235-9251 .
574/277-8515 574/235-9316
Ax 574/235-9171
Ax 574/277-8980 STREETS WATER WORKS
SAM HENSLEY ~ JOHN F. STANCATI
574/235-9244 574/235-9322
FAx 574/235-9007 FAx 574/235-9272 FAx 574/235-9728
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $462,457.00 FROM THE NONREVERTING LOSS
RECOVERY FUND (#227) IN 2009 FOR VARIOUS EXPENDITURES
STATEMENT OF PURPOSE AND INTENT
On December 8, 2008, the City of South Bend Common Council passed Ordinance No.
9890-08 which established the Nonreverting Loss Recovery Fund (#227). The purpose
of the fund is to receive compensatory or exemplary damage payments from third parties
arising from loss or damage to City tangible or intangible property. The City has
received payments to date of $4,540,562.00 in this fund due primarily to the settlement of
a MTBE contamination lawsuit.
The Board of Public Works has identified $165,000.00 in necessary expenditures for
granulated activated carbon for Water Works and $40,000.00 for services related to
sampling, testing and a closure report for unknown UST that was found during the
demolition of the former Studebaker Museum. These expenditures are eligible for
appropriation in this fund. In addition, the Loss Recovery fund desires to reimburse
Water Works for $257,457.00 in expenditures related to the MTBE lawsuit incurred
during 2004 through 2007. The purpose of this ordinance is to establish the 2009 budget
for the Nonreverting Loss Recovery Fund (#227) in the amount of $462,457.00.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I: The following sum of money is hereby appropriated in the fiscal year 2009
and ordered set apart from and within the Nonreverting Loss Recovery Fund (#227) for
expenditures as follows:
2009
Type of Expenditure Budget
Supplies $165,000.00
Professional Services 40,000.00
Reimbursements 257,457.00
TOTAL 2009 BUDGET X462,457.00
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
Attest:
City Clerk
.CVs-~ r~.J~ ~ l t
Member of the Common Co~incil
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2009, at o'clock _ . m.
~.+i ~1~'x39~ ~•3 ~i'e eS=9 L,Ss', ds'. E..C `s.e .. v.....d X71
~t111!Ct{ ~L~~~ Ol! ~ilS ~~S~iV
City Clerk
Approved and signed by me on the day of
o'clock . m.
~ ~"~~O`~
1 st READING
PUBttC NEAR1~lG
3rd READING
NOT APPRC~VFd?
REFERRED.
PASSER
2009, at
Mayor, City of South Bend, Indiana
NOV - 4 2009
~.C;~I VoQP[?E
CITY CLr ~:,, =~~-:~ ~ .
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
November 4, 2009
Mr. Derek Dieter, President
South Bend Common Council ~~~, ~~. ~~~ ~~~ q
227 West Jefferson Blvd. ~`
South Bend,1N 46601
Re: Energy Efficiency and Conservation Block Grant -strategy development appropriation
Dear Mr. Dieter:
This 'is to request appropriation of some of the federal formula direct Energy Efficiency and
Conservation Block Grant (EECBG) under ARRA Federal Stimulus program. South Bend is
allocated $ 1,046,000, but was limited to phase 1 of $ 250,000 or less to develop an Energy
Efficiency and Conservation Strategy (EEGs) which is due January 18, 2009. We are requesting
appropriation attached to cover professional services to help the 50 plus member Green Ribbon
Commission meet this deadline and to retain an Energy Director to have input to the plan and lead
role in implementing.
This is funded 100 % by the federal stimulus under the Energy Efficiency and Conservation Block
Grant. Our strategy is due to DOE by January 18 and then we get to appropriate and use the balance
of the $ 1,046,000 grant. The Energy Director position will focus on reducing the $ 6.8 million per
year we spend on energy in city government. After two years of grant funding the position will self
fund out of energy savings. The program is modeled on the success in Ann Arbor and is coached by
the Cities for Sustainability of which we are a member. The EECS will address community wide
energy saving, cost saving and carbon footprint reduction. I will be present to explain the program.
Regards, .,
Gary A. Gilot, P.E., Public Works Director
cc: The South Bend Common Council
Mayor Stephen J. Luecke
Controller Gregg Zientara
Office of the City Clerk
Department of Public Works Engineering Water Works
Gary A. Gilot, Director Carl P. Littrell, P.E. David Tungate
574/235-9251 574/235-9251 574/235-9322
Fax 574/ 235-9171 Fax 574/ 235-9171 Fax 574/ 235-5595
F~l~ ~~ ~;~~~'~ ~fi~i~b
~p~ - 4 2009
Central Services Streets Environmental Services
Matt Chlebowski Sam Hensley John J. Dillon, Ph.D.
574/235-9316 574/235-9244 574/277-8515 [/
Fax 574/ 235-9007 Fax 574/ 235-9272 Fax 574/ 277-8980 ~',ff,
ORDINANCE NO.
.4N ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROPRIATING $177,750.00 FROM THE
GENERAL FUND (#101) IN 2009 FOR THE OFFICE OF ENERGY
STATEMENT OF PURPOSE AND .INTENT
The City of South Bend has secured a $250,000 federal Energy Efficiency and
Conservation Block Grant (EECBG) from the National Energy Technology Laboratory
for the initial strategy development phase of an energy conservation plan. The initial
strategy development phase must be completed within 120 days, at which time the City
will be eligible for additional EECBG funding of $1,046,800 to implement the strategy.
With triis grant assistance, the City of South Bend wishes to establish a new high-level
Office of Energy, seeking to reduce energy consumption costs citywide from $7 million
to $5 million annually. The purpose of this ordinance is to establish the 2009 budget for
the Office of Energy as a separate department in the General Fund
NOW, THEREFORE, BE TT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I: The following sum of money is hereby appropriated in the fiscal year 2009
and ordered set apart from and within the General Fund (#101) for expenditures as
follows:
2009
Type of Expenditure . Budget
Personnel costs (two months) $ 15,000.00
Office supplies 1,500.00
Contractual services ~ 154,250.00
Capital equipment 7,000.00
TOTAL 2009 BUDGET X177.750.00
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
~L~ ca.- s~J~.--~~,
Attest: Member of the Common Council
City Clerk
5J !' E ..- ! C ~1 L' ~~l'u t~k-~
Gy yS~~~~r. ti~i w j 4'. :. 5 ? ~t .nw' t t Sk ..
r~~acw
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2009, at o'clock ^ . m.
City Clerk
Approved and signed by me on the day of
o'clock . m.
2009, at
Mayor, City of South Bend, Indiana
PllSLEr 1-4cA1;lNG
3 rd pE/~s`[i•dG
racy' ~PP4o:~F,F1
PASSE .,a,-.'; i -" /
€~..r __...._..._._ ._...w.~,..
{'+} ~~~! r+~•• .,1 i~ ~.li,j. EAR
South Bend and St. 3oseph County
HISTOII.IC 1~~SEI~VATION COMMISSION
227 WEST JEFFERSON BLVD.
SOUTH BEND, IN 46601-1830
Phone:574-235-9798 Fax:574-235-9578
e-mail: SBSJCHPC@co.st joseph.in.us
Timothy S. Klusczinski, President
A Certified Local Government
Catherine D. Hostetler, Director
~~ LL P~~- ~ ~-~9
November 2, 2009
South Bend Common council
455 County-City Building
227 West Jefferson
South Bend, IN 46601
Dear Members of the Council,
Please find the attached Ordinance which has been prepared for introduction to the Common Council.
The purpose of this ordinance is to establish the property at 501-503 West Washington Street, The
Rushton Apartments, as an Historic Landmark. The described real estate is referenced as Tax Key
Number 018-1023-0966.
At its public hearing on October 19, -2009 the Historic Preservation Commission recommended
designation of this property to. the Common Council. A copy of the Staffs favorable review and
recommendation regarding this property are also enclosed.
Respectfully Submitted,
Catherine. Hostetler,
Director .
1~~ t~ ~<~~s,;.~~ 4tg~B~~
F~~,,..
r\ C-~i - ~ ?OC9
~Ji~ ~a t<~4i}F
GiT`t CCEF:K, ::~~. i«nlD, iPi.
COMMISSIONERS
Sandra L. Rossow Jerry A. Niezgodski (Treasurer) Lynn Patrick (Vice President)
Linda Riley (Secretary) Todd Zeiger David Sassano (Architectural Historian)
f' l/ ~ .
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND
ESTABLISHING HISTORIC LANDMARK STATUS FOR THE STRUCTURE
AND REAL PROPERTY KNOWN AS THE RUSHTON APARTMENTS AND
LOCATED AT 501 WEST WASHINGTON, IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
In 2005, Historic Landmarks Foundation of Indiana ("H L F I") was named
Receiver of the Building and Site known as the Rushton Apartments, located at 501 West
Washington, in the City of South Bend, Indiana, (the "Property" or the "Rushton") and
have petitioned the Historic Preservation Commission of South Bend and St. Joseph
County (the "Commission") to have the Property designated as a Historic Landmark
pursuant to South Send City Ordinance No. 5565-73, as amended.
The Property is located within the West Washington National Register District
and is recognized in the Indiana Historic Sites and Structures Inventory of South Bend
with a rating of "Notable" meaning that the property is above average and that further
research may reveal that the Property is eligible for National Register listing and is a
contribttting building to the West Washington National Register District.
The staff of the Commission has prepared a report and recommendation for the
Commission, which has reviewed the petition of H L F I and the report prepared by the
staff and has heard and discussed the recommendation of the staff for the designation of
the Property as a Historic Landmark.
Based on the Commission's Local Landmark Criteria adopted by the Common
Council; the Property meets three of the criteria for Local Landmark Status:
1) Its embodiment of elements of architectural design, detail, material or
craftsmanship which represent an architectural characteristic or innovation;
The Rushton is an excellent example of aturn-of-the-century Neo-Classical
design and retains a high level of architectural integrity. At the time of its
construction it was an innovated residential concept found in other cities but
not yet in South Bend. It was one of South Bend's first "high rise" apartment
buildings. The structure is rated "notable" in the Indiana Historic Sites and
Structures Inventory of South Bend and is a contributing building to the West
Washington National Register District.
2) Its suitability for preservation;
The Rushton has significant original exterior architectural integrity. Recent
architectural studies have concluded that the building can be converted to
modern living standards and that it is in sound structural condition.
3) Its identification with the life of a person or persons of historical significance;
The Rushton is associated with South Bend developers John and Edward
Rush.
The Commission has conducted a public hearing, for the purposes of hearing
comments on the designation of the Property as a Historic Landmark and for delivering a
recommendation to the Common Council, and following the public hearing, the
Commission has given its favorable recommendation to the Common Council of the City
of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance
No. 5565-73,~as amended.
NOW, THEREFORE, BE IT ORDAIl`lED BY THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA:
Section 1. Designation.
The structure and real property known as the Rushton Apartments and located at
501 West Washington Street, in the City of South Bend, Indiana, shall be and hereby are
designated and established as a Historic Landmark pursuant to Ordinance No. 5565-73,
as amended.
That such designated and established Historic Landmark is more particularly
described as:
Parcel I: A strip of land 3 feet wide and 94 feet long, being a part
of Bank Out Lot Numbered Twenty-four (24) of the First Plat of
Out Lots of the Town, now City of South Bend, platted by the
State Bank of Indiana, and described as follows, viz: Beginning on
the West line of North William Street, at a point 100 feet North of
the North line of West Washington Street, being the present
Southeast corner of said Out Lot; thence running North 3 feet;
thence West 94 feet to a private alley, 6 feet wide; thence South 3
feet; thence East 94 feet to the place of beginning.
Parcel II: Apart of Bank Out Lot Numbered Twenty-four (24) 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 at the Southeast corner of
said Out Lot being the Northwest corner of Washington and
William Streets in said City; thence running West on the North line
of Washington Street 50 feet; thence North 100 feet; thence East
50 feet to the West line of William Street; thence South on the
West line of William Street 100 feet to the place of beginning.
Tax Key No. 18-1023-0966
Section 2. Effective Date.
This Ordinance shall be in full force and effect from .and after its adoption by the
Common Council and approval by the Mayor according to law.
ATTEST:
'Q~-I~..~ . r~.9--~,
Member of the Common Cou i
~~ cl£'ris~il GiI ~9i1'S I~l~~~ ~,.~ "
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2009, at o'clock _.m.
City Clerk
Approved and signed by me on the day of , 2009, at
o'clock .m.
Mayor of the City of South Bend, Indiana
1 st R~~~tNG ~ 1 ~_~~
Pti6F.tC HEAt2t~f~
3 rd REA~s~lG
ACT APPP.Cy JEt7
cc E~it:Et)
pE;55ED
k ~[:~s'~S :~ tcF t. F.s~i'^_b^. 4-_i'J~a~bfw
f+~--.....~~~e.~.....~.....+.....~..
5
~ ;~~~~ - ~ zacg
wC; t! '~~watW~
Proposed Local Landmark
Rushton Apartment Building
501 W. Washington
South Bend, Indiana
Historic Preservation Commission of
South Bend and St. Joseph County
September 23, 2009
~1~.'~~lo ~~~R~e
~!QV - 5 2GC9
J41'4: V40~DE
CITY CtEAK, $4. BE41p, IN.
Rushton Apartment Building
501 W. Washington
Historical Context
This four-story apartment building known as The Rushton vas built in 1906 by John and
Edward Rush. NIr. John Rush made his living in real estate. He and his brother, Edward,
built the Rushton as a family residence and hotel complete with its own cafeteria. John Rush
co-owned the building until his death in 1940 at age 80. Edward Rush vas born in 1871 and
was also in to real estate. He was the treasurer of the Fidelity Land Company. Edward
retained ownership of the structure until his death in 1944, after which, it vas placed in a
trust controlled by John's three children. The Rush heirs owned the property unti11972
when it was sold to Dennis Emery who rented out the various units unti12000 when he sold
it to Indiana Land Trust. During the first years of its existence the Rushton was home to
various real estate agents, clerks, managers and lawyers. The 35 original units did not contain
kitchens as a common dining room was located in the lower level for tenant's use. Historic
Landmarks Foundation of Indiana was named Receiver of the Building and Site in 2005.
The Rushton is a neo-classic style building with unusual glazed brick masonry exterior. It is a
contflbuting building in the West Washington National Register District. At the time of its
construction, it was the tallest residential building in the city and remains today the tallest
structure in the W. Washington National Register District. The building anchors a key
intersection of the district and provides an important connection between the downtown
and the adjacent residential structures. It is the only building with its combination of style
and design in the West Washington district.
Architectural Description
The Rushton is a four-story Neo-Classical style apartment building. It has a rectangular plan,
a flat roof with metal parapet coping, one over one double hung windows with limestone
sills. The east and south facades have wood frame bow windows with simple met<11 cornices
and one over one double hung wood windows all supported on a limestone base. The brick
masonry exterior walls are accented with limestone quouung, brick dentils and decorative
limestone door surrounds at the front door and east entrance. The front entrance surround
is carried out in a simple craftsmen style. The exterior brick is a unique variegated orange
color with a fired glaze finish. The first floor contains a recessed porch entrance support by
decorative brick piers with an eyebrow cornice and brackets on each side, concrete step and
concrete floor and foundation. There are two stairs leading to the lower level
Recommendation
Based on the Histo~c Preservation Commission's Local Landmark Criteria's adopted by the
Common Council, the site and structure at 501 W. Washington has been recommended to
the Common Council for designation as a Local Landmark by the Historic Preservation
Commission of South Bend and St. Joseph County.
The Building and Site meet three of the criteria for Local Landmark Status:
1) Its embodiment of elements or architectural design, detail, material or craftsmanship
which represents an architectural characteristic or innovation;
The Rushton is an excellent example of aturn-of--the-century Neo-Classical design
and retains a high level of architectural integrity. At the time of its construction it
was an innovated residential concept found in other Cities but not yet in South
Bend. It was one of South Bend's first "high rise"apartment buildings. The structure
is rated "notable" in the Indiana Historic Sites and Structures Inventory of South
Bend and is a contributing building to the W. ~~Iashington National Register district.
2) Its suitability for preservation;
The Rushton has significant original exterior architectural integrity. Recent
architectural studies have concluded that the building can be converted to modern
living standards and that it is in sotmd structural condition.
3) Its identification with the life of a person or persons of historical significance
The building is associated with South Bend developers John and Edward Rush.
it _ h.
~.
- ,,.i•%y
f~
l
.~~~y-
~rN y.
.~ }
~
~ ~ ~ 1
t -
-
'
.~^ ..
~ ~
.
y
A/f ~
~ . (
II _~~ ~ .
..r-.
Legal Description:
Parcel I: A strip of land 3 feet wide and 94 feet long, being a part of Bank Out
Lot Numbered Twenty-four (24) of the First Plat of Out Lots of the Town, now
City of South Bend, platted by the State Bank of Indiana, and described as
follows, viz: Beginning on the West line of North William Street, at a point 100
feet North of the North line of West Washington Street, being the present
Southeast corner of said Out Lot; thence running North 3 feet; thence West 94
feet to a private alley, 6 feet wide; thence South 3 feet; thence East 94 feet to the
place of beginning.
Parcel II: Apart of BOL 24 of the First Plat of Out Lots of the Town, no~v City of South
Bend, platted by the State Bank of Indiana, which part is bounded by a line running as
follows, viz: Beginning at the Southeast corner of BOL 24 being the Northwest corner of
Washington and William Streets in said City; thence running West on the North line of
Washington Street 50 feet; thence North 100 feet; thence East 50 feet to the West line of
William Street; thence Soudi on the West line of William Street 100 feet to the place of
beginning
r
S McPHERSON ST ~
= T
O '~
~ m
a ~
~ N
v
o. -
~ 162=163 164-167
S LAUREL ST
..~.,,.
NP; '
I~'.:
~.;,
'':186
S CHAPIN ST
~ ~ ~ ~
m .f- i D D a„„~h r m
~ W ~ , it <
201 202 2Q3 ~~ ~0~~} 2Q5 ~ = °
h
21.2, u ~ 'Z'14~'r Y~~~y,;~
~' ~ #~' ~i
~ f~ ~- 1 k' ~;:
~ ~ ~ rw
~.' .~ y .s ~ .,r ~ I sx
~ t r
~ ~ :.i
is ~, .~:.,
Lll _
220 22'9
5 IATLUK ST
225 u, ' ~ z27 234_; '235 238 ~ -`
~,, ,.
128 130 `t'
239 ~ 240 244 245 ry ' 248 ~ :_
S WILLIAM ST
~ ~ z51 z
~ ~ - ~ ,
n ~;, .,~.
j
"' w~ 25~}= 254 y3r
FRANKLIN PL
w _, '25
_ ; ;,,
~:_ - '~=
. x256 ,;260
S LAFAYETTE BLVD
-261
w ~ ~~:.
~.
.~
262 263 `~ o.,
S MAIN ST
CT
i cD~.. ~,-~' ~~_
,~: -w'
w': ~
ST PAUL PL
~.i': 160-1:61 -p. W
I ~ ' , ° ,•D
ti
-~
i ..'~
'` `
~ c
O
a
N
.~
N
a
r
r
m
rt
~-..
rt
V J
P"'r
F.. .
C/)
r-t
/~
l J
LJ~
rt
~•
n
rt
~\
O
F..~J
V 1
I
C~1
0
I
N
W
~~
..
w
N MAIN ST