HomeMy WebLinkAbout07-24-2017 Packet
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SOUTH BEND COMMON COUNCIL
MEETING AGENDA
Monday, July 24, 2017
7:00 P.M.
1. INVOCATION- DEACON JOHN TUGMAN, HOLY CROSS CATHOLIC CHURCH
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
BILL NO.
17-43 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA CELEBRATING SAINT JOSEPH HIGH SCHOOL’S
CLASS 3A STATE BASEBALL CHAMPIONSHIP
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME: ______
BILL NO.
34-17 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 4640 SOUTH MICHIGAN
STREET; 237, 305, AND 313 REASOR STREET; 4637, 4701, 4707, AND
VACANT PARCEL SOUTH AND ADJACENT TO 4707 FELLOWS
STREET; COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH
BEND, INDIANA
40-17 PUBLIC HEARING ON AN ORDINANCE INITIATED BY THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING
CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 BY
ADDING MINI (SELF STORAGE) WAREHOUSE, INTERNAL ACCESS TO
PERMITTED USES IN CB COMMUNITY BUSINESS DISTRICT, CBD
CENTRAL BUSINESS DISTRICT, AND GB GENERAL BUSINESS
DISTRICT; AND ESTABLISHING ADDITIONAL DEVELOPMENT
STANDARDS FOR MINI (SELF STORAGE) WAREHOUSE, INTERNAL
ACCESS; AND ADDING A DEFINITION FOR MINI (SELF STORAGE)
WAREHOUSE, INTERNAL ACCESS.
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41-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST
NORTH/SOUTH ALLEY EAST OF WILLIAMS STREET (PORTAGE
AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W. NAVARRE
STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF
14 FEET. BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
42-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY
SERVICES OPERATIONS IN 2017 OF $5,000,000 FROM PARK FUND
(#201).
44-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING
ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY
SERVICES OPERATIONS IN 2017 OF $70,000 FROM DEPARTMENT OF
COMMUNITY INVESTMENT OPERATING FUND (#211).
8. BILLS ON THIRD READING TIME:______
BILL NO.
34-17 THIRD READING ON AN ORDINANCE AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 4640 SOUTH MICHIGAN
STREET; 237, 305, AND 313 REASOR STREET; 4637, 4701, 4707, AND
VACANT PARCEL SOUTH AND ADJACENT TO 4707 FELLOWS
STREET; COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH
BEND, INDIANA
40-17 THIRD READING ON AN ORDINANCE INITIATED BY THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING
CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 BY
ADDING MINI (SELF STORAGE) WAREHOUSE, INTERNAL ACCESS TO
PERMITTED USES IN CB COMMUNITY BUSINESS DISTRICT, CBD
CENTRAL BUSINESS DISTRICT, AND GB GENERAL BUSINESS
DISTRICT; AND ESTABLISHING ADDITIONAL DEVELOPMENT
STANDARDS FOR MINI (SELF STORAGE) WAREHOUSE, INTERNAL
ACCESS; AND ADDING A DEFINITION FOR MINI (SELF STORAGE)
WAREHOUSE, INTERNAL ACCESS.
41-17 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST
NORTH/SOUTH ALLEY EAST OF WILLIAMS STREET (PORTAGE
AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W. NAVARRE
STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
3
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF
14 FEET. BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
42-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2017 OF $5,000,000 FROM PARK FUND (#201).
44-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2017 OF $70,000 FROM DEPARTMENT OF
COMMUNITY INVESTMENT OPERATING FUND (#211).
9. RESOLUTIONS
BILL NO.
17-37 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 1502 W.
DUNHAM, SOUTH BEND, INDIANA 46619
17-40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND SUPPORTING SOLARIZE SOUTH BEND AS A CLEAN ENERGY
INITIATIVE
17-41 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, COMMITTING TO JOIN OTHER U.S. CITIES AND
STATES IN EMBRACING PRINCIPLES LAID OUT IN PARIS CLIMATE
AGREEMENT
10. BILLS ON FIRST READING
BILL NO.
45-17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF
LAUREL STREET RUNNING SOUTH FROM JEFFERSON BLVD. TO
FIRST EAST/WEST ALLEY, AND NORTH FROM JEFFERSON BLVD. TO
FIRST EAST/WEST ALLEY
46-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13,
ARTICLE 5, SECTION 13-75.5 OF THE SOUTH BEND MUNICIPAL CODE
TO ADD DEALING IN A SYNTHETIC DRUG LOOKALIKE SUBSTANCE
TO THE LIST OF PROHIBITED ACTIVITIES CONSTITUTING A
DISORDERLY HOUSE
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11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English
version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive
or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
__________________________________________________________________________________________________________________
____
OFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
Phone 574-235-9221 • Fax 574-235-9173 • TDD 574-235-5567 • www.SouthBendIN.gov
ALKEYNA M. ALDRIDGE
DEPUTY CLERK
DIRECTOR OF POLICY
JENNIFER M. COFFMAN
CHIEF DEPUTY
DIRECTOR OF OPERATIONS
JOSEPH R. MOLNAR
ORDINANCE VIOLATIONS
BUREAU CLERK
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: KAREEMAH FOWLER, CITY CLERK
DATE: JULY 20, 2017
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for MONDAY, JULY 24,
2017 at:
Council Informal Meeting Room
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
3:30 P.M. PUBLIC WORKS & PROPERTY VACATION JOHN VOORDE, CHAIRPERSON
1. Bill No. 41-17- Frank Linerello Alley Vacation
3:40 P.M. PERSONNEL & FINANCE KAREN WHITE, CHAIRPERSON
1. Bill No. 42-17- Regional Cities Allocation
2. Bill No. 44-17- Housing Study Appropriation
4:00 P.M. HEALTH & PUBLIC SAFETY JO M. BRODEN, CHAIRPERSON
1. Bill No. 17-41- Climate Change Resolution
4:15 P.M. UTILITIES DAVE VARNER, CHAIRPERSON
1. Bill No. 17-40- Solarize South Bend
2. Light Up South Bend Update, Eric Horvath- Executive Director of Public Works
4:35 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON
1. Bill No. 34-17- Rezoning at 4640 S. Michigan
2. Bill No. 40-17- Indoor Storage Text Amendment
3. Bill No. 17-37- Special Exception at 1502 W. Dunham
Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately
after the adjournment of the Zoning & Annexation Committee.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor Pete Buttigieg
Committee Meeting List
News Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
2017 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-4-17)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real & personal tax abatement requests.
Gavin Ferlic, Chairperson Oliver Davis, Member
Regina Williams-Preston, Vice-Chairperson Randy Kelly, Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Office of Community Affairs and is charged with facilitating
partnerships & ongoing communications with other public and private entities operating within the City.
Regina Williams-Preston, Chairperson Gavin Ferlic, Member
Randy Kelly, Vice-Chairperson Karen White, Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. It duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Tim Scott, Member Dr. David Varner, Member
Jo Broden, Member Karen White, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Jo Broden, Chairperson Oliver Davis, Member
John Voorde, Vice-Chairperson Karen L. White, Member
INFORMATION AND TECHNOLOGY COMMITTEE
Oversees the various activities of the City’s Division of Information Technologies in the Department of
Administration & Finance so that the City of South Bend remains competitive and on the cutting edge of
developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing
availability & access to GIS data and related technologies are just some of its many activities.
Tim Scott, Chairperson Dave Varner, Member
Gavin Ferlic, Vice-Chairperson Randy Kelly, Member
PARC COMMITTEE (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Coveleski Regional
Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of
Art, Potawatomi Zoo, and the many recreational and leisure activities offered by the Department of Parks
and Recreation.
Randy Kelly, Chairperson Oliver Davis, Member
Dr. Dave Varner, Vice-Chairperson John Voorde, Member
2017 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-4-17)
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations & other fiscal matters, as well as personnel policies, health benefits & related
matters.
Karen L. White, Chairperson Regina Williams-Preston, Member
Gavin Ferlic, Vice-Chairperson John Voorde, Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works &
related public works & property vacation issues.
John Voorde, Chairperson Jo M. Broden, Member
Randy Kelly, Vice-Chairperson Gavin Ferlic, Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities & issues related to neighborhood development & enhancement.
Karen White, Chairperson Regina Williams-Preston, Member
Jo Broden, Vice-Chairperson John Voorde, Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers and all related matters.
Dr. David Varner, Chairperson Randy Kelly, Member
Oliver Davis, Vice-Chairperson Regina Williams-Preston, Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Oliver Davis, Chairperson Gavin Ferlic, Member
John Voorde, Vice-Chairperson Jo Broden, Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council
Tim Scott
Dr. David Varner
2016 COMMON COUNCIL STANDING COMMITTEES (Rev.01-4-17)
TIM SCOTT, 1ST District Council Member
PRESIDENT
Information and Technology, Chairperson Council Rules Committee, Member
Sub-Committee on Minutes, Member
REGINA WILLIAMS-PRESTON 2nd District Council Member
Community Relations Committee, Chairperson Residential Neighborhood Committee, Member
Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member
Utilities Committee, Member
RANDY KELLY, 3rd District Council Member
PARC Committee, Chairperson Community Investment Committee, Member
Community Relations Committee, Vice Chairperson Information & Technology Committee, Member
Public Works & Property Vacation, Vice Chair Utilities Committee, Member
JO BRODEN, 4TH District Council Member
Health and Public Safety Committee, Chairperson Council Rules Committee, Member
Residential Neighborhood Committee, Vice-Chairperson Public Works & Property Vacation, Member
Zoning & Annexation Committee, Member
DR. DAVID VARNER, 5TH District Council Member
Utilities Committee, Chairperson Information & Technology Committee, Member
PARC Committee, Vice-Chairperson Council Rules Committee, Member
Sub-Committee on Minutes, Member
OLIVER DAVIS, 6TH District Council Member
Zoning & Annexation Committee, Chairperson Community Investment Committee, Member
Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member
PARC Committee, Member
GAVIN FERLIC, AT LARGE Council Member
Chairperson, Committee of the Whole
Community Investment Committee, Chairperson Community Relations Committee, Member
Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member
Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhood Committee, Chairperson Community Relations Committee, Member
Personnel & Finance Committee, Chairperson Council Rules Committee, Member
Health & Public Safety Committee, Member
JOHN VOORDE, AT LARGE Council Member
Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member
Health and Public Safety, Vice-Chairperson PARC Committee, Member
Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member
RESOLUTION NO. ___________________
A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
CELEBRATING SAINT JOSEPH HIGH SCHOOL’S
CLASS 3A STATE BASEBALL CHAMPIONSHIP
Whereas, the South Bend Saint Joseph High School Indians have a long and storied tradition of, among other
things, athletic excellence, which brings recognition not only to the school, but also to the City of South Bend;
and
Whereas, that tradition includes a 22 sport program which, before the recently completed baseball season,
has captured: 16 Northern Indiana Conference League titles, 146 Indiana High School Athletic Association
(IHSAA) Sectional Titles; 64 IHSAA Regional Titles; 23 IHSAA Semi-State Titles; 15 IHSAA Runner -up Titles;
9 State Championship Titles; and 9 individual IHSAA Championship Titles; and
Whereas, the 2017 Saint Joseph baseball team was coached by John Gumpf, who was named by the South
Bend Tribune as the Indiana Coach of the Year; and
Whereas, that baseball team began the season with a sixteen-game winning streak and finished the season
with a 25-4 record; and
Whereas, those 25 wins included a Sectional Championship, and the school’s first ever baseball Regional
and Semi-State Championships; and
Whereas, the season ended with a 4-0 shutout victory over Jasper High School in the IHSAA Class 3A State
Championship game; and
Whereas, in winning the State Championship, the team overcame the breakdown of the team bus on the way
to the championship game aided by great team chemistry, outstanding defense, and a lucky rock.
Now, Therefore, be it resolved, by the Common Council of the City of South Bend, Indiana, as follows:
Section I. The South Bend Common Council proudly recognizes the 2017 Saint Joseph High School
Indians baseball team for adding to the athletic tradition of the school and for bringing recognition to the South
Bend community.
Section II. The Common Council wishes the players and coaches continued success in all their
endeavors in the coming years.
Section III. This Resolution shall be in full force and effect from and after its adoption by the Common
Council and approval by the Mayor.
__________________________________ __________________________________
Tim Scott, 1st District Council Member Oliver J. Davis, 6th District Council Member
__________________________________ _____________________________________
Regina Williams Preston., 2nd District John Voorde, At Large Council Member
__________________________________ _____________________________________
Randy Kelly, 3rd District Council Member Gavin Ferlic, At Large Council Member
__________________________________ _____________________________________
Jo Broden, 4th District Council Member Karen L. White, At Large Council Member
__________________________________ _____________________________________
Dr. David Varner, 5th District Robert J. Palmer, Council Attorney
Attest: Approved this __ day of ______________, 2017.
________________________ ______________________________________
Kareemah Fowler, City Clerk Pete Buttigieg, Mayor of South Bend, Indiana
LAWRENCE P. MAGLI0ZZI
1i x1•.cu rn•F D IR[( I(,u
Angela M. Smith
ue p111,u1„e,1nY
AREA PLANCOMMISSION OF ST. JOSEPH COUNTY,
IN
22 7 W. I F.FF F.RSON BLV D., ROOM 114 0 ('011NTY-CITY BUILD IN G, SOU TH B END, IN DI AN A 46601 (S74)2 15 9571
Wednesday,July 19,2017
T;Clerk'S Offi,e
The Honorable Council of the City of South Bend
4th Floor, County-City Building 19 2017
South Bend, IN46601
KAREEMAI-I FOWLER
1'RE: A proposed ordinanceof Menard, Inc. A WisconsinCorporation to zone fro
CITY CL ,S B ND,IN
Family District and GB General Business District to CB Community Business District, property located at
4640 South Michigan Street; 237, 305, and 313 Reasor Street; 4637,4701,4707 Fellows,and vacant parcel
south and adjacent to 4707 Fellows Street,City of South Bend-APC#2829-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of Menard,Inc. A Wisconsin Corporation was legally
advertised on July 6,2017 and that the Area Plan Commission at its public hearing on July 18,2017 took the
following action:
Upon a motion by John DeLee,being seconded by Oliver Davis and unanimously carried,a proposed
ordinance of
Menard, Inc. A Wisconsin Corporation to zone fromSF SingleFamily &Two Family
District and GB General Business District to CB Community Business District,property located at
4640 South Michigan Street;237, 305,and 313 Reasor Street;4637, 4701,4707 Fellows,and vacant
parcel south and adjacent to 4707 Fellows Street,City of South Bend, is sent to the Common Council
with a FAVORABLE recommendation. Rezoning this site to CB Community Business District will
allow for the reuse of an existing commercial property in a manner consistent with the Comprehensive
Plan.
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.
Sincere ,
n
4
Lawrence P. Magl iozzi
Attachment
CC: Menard, Inc.A Wisconsin Corporation
SE R VING ST. JOSEP H C O UNTY, S OUT H B END. LAKEVIL L E. NE W
CA RL ISLE, N ORTH LIBERTY, OS C EOL A & ROS E L AN D
W W w.S I C I N D I A N A C O M/)6 6 1.r•r-p 1,,
Filed in Clerk's Office
Staff Report M2419 2017
APC# 2829-17
KAREEMAH FOWLER
Owner: Menard, Inc.A Wisconsin Corporation CITY CLERK,SOUTH REND, IN
Location:
4640 South Michigan Street; 237, 305,and 313 Reasor Street; 4637,
4701, 4707 Fellows, and vacant parcel south and adjacent to 4707
Fellows Street
Jurisdiction: City of South Bend
Public Hearing Date: 7/18/2017
Requested Action:
The petitioner is requesting a zone change from GB: General Business District and SF I:
Single Family and Two Family District to CB: Community Business District
Land Uses and Zoning:
On site:
On site is a former retail space
North:
To the north is a retail automotive establishment zoned GB General
Business District,vacant lots zoned CB Community Business District, and
homes zoned SF Single Family and Two Family District
East:
To the east across Fellows Street are homes zoned SF Single Family and
Two Family District
South: To the south is the St. Joseph Valley Parkway
West: To the west across Michigan Streets is a retail complex zoned CB
Community Business 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 are 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 4.15 acre site is part of a larger project to convert the retail structure adjacent to the
lots currently being rezoned. A proposed 207,469 square foot retail store will be accessed
by St Joseph Street. The areas being rezoned are primarily shown as retention areas on the
proposed site plan. The remainder of the project area is already zoned CB Community
Business District.
Zoning and Land Use History And Trends:
This area has grown as a commercial node since the 1970s. In 1971,the Common Council
approvedrezoning the site to "commercial,"
then known as the K-Mart Bright-Way Area.
The adjacent property to the north was also rezoned at the same time.
Traffic and Transportation Considerations:
St Joseph Street has 2 lanes. Fellows Street has 2 lanes. Reasor Street has 2 lanes. The site
is also adjacent in proximity to Ireland Road and an off ramp from the US Highway 20 and
Michigan Street interchange.
APC # 2829-17 Page 1 of 3
Staff Report 7/6/2017
Utilities:
The site will be served by municipal water and sewer
Agency Comments:
The City Engineer recommends approval subject to review and approval of sidewalks,
curb cut, lighting, and overall improvements to the site. Development of the site requires
City approval of a Drainage Plan and meets the requirement to store all runoff from
developed areas on site, along with compliance with the City's Downspout Disconnection
Program. Sidewalks will be brought up to ADA compliance. Excess sidewalk along the
southern edge ofthe property line is to be removed and replaced with grass. Curb around
the site is to be brought up to City standard. Existing approaches not used by the site are to
be removed and replaced with curb,tree-lawn, and sidewalk.
The Department of Community Investment offers a favorable recommendation. The
rezoning is consistent with the Michigan Street-Ireland Road regional commercial node
shown on the City Plan Future Land Use Map and with surrounding commercial land
uses. This rezoning will improve the appearance ofa key gateway to the City, facilitate a
major retail redevelopment, and provide additional services to south side residents. To
further strengthen the project, DCI recommends the following: The most sensitive portion
ofthe Menard's project is the interface with the residential properties to the east. To buffer
the hardware store site and maintain the general character of the residential area,the
petitioner should seek to hide the view of the lumberyard and potential eastern retention
pond from Fellows Street. Acknowledging that engineering has not yet been completed to
determine the pond's size or depth, DCI suggests that the pond be placed fully beyond the
25' residential setback along Fellows. While evergreens may be provided as buffer yard
screening,the street edge along Fellows should have shade trees. To the extent that the
area is not used for the pond,the mature trees to the east and northeast of the site should be
retained. Ifmaintained between the building and pond,these large trees may be especially
helpful in screening the lumberyard wall. To support Complete Streets principles: a
comfortable pedestrian route should be established between the store's front door and the
proposed sidewalk along St.Joseph Street; the bicycle parking spaces should be located
between the front door and the end of St. Joseph Street; and,the four driveway approach
stubs along Fellows Street should be removed and in-filled with standard curb and
sidewalk.
Commitments:
The petitioner is not proposing any written commitments
Criteria to be considered in reviewing rezoning requests, per IC 36-7-4-603:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with the City Plan, South Bend Comprehensive Plan (November
2006)Policy ED 1.2 Encourage reuse of abandoned and underutilized land and structures
Land Use Plan:
The Future Land Use Map identifies this area for commercial land uses
Plan Implementation/Other Plans:
There are no other plans in effect for this area.
APC # 2829-17 Page 2 of 3
Staff Report 7/6/2017
2. Current Conditions and Character:
The site is located in a regional commercial node near the intersection of Ireland Road and
Michigan Street(USHighway 31).
This site is adjacent to the CB Community Business
District along Ireland Road and continues to develop as a regional commercial node.
3. Most Desirable Use:
The most desirable use is one that supports the commercial nature ofthe area.
4. Conservation of Property Values:
Due to the fact that is was formerly a retail center with the commercial nature of Ireland
Road nearby,the surrounding property values should not be adversely affected. Proper
buffering and limited access will help protect the surrounding residential properties on
Fellows Street.
5. Responsible Development And Growth:
It is responsible development and growth to allow for the reuse of the commercial structure
Staff Comments:
The staff has no additional comments.
Recommendation:
Based on the information available prior to the public hearing,the staff recommends that
the rezoning petition be sent to the Common Council with a favorable recommendation.
Analysis:
Rezoning this site to CB Community Business District will allow for the reuse ofan
existing commercial structure in a manner consistent with the Comprehensive Plan.
APC 4 2829-17 Page 3 of 3
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LAWRENCE P. MAGLIOZZI
E X F.C.LIT IVL 1)1 RE CTOR
Angela M.
Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY,
IN
227 W. JLF FLRSON B L VD., ROOM 11+0 CO UNTY-CITY BUILDING, SOUIH BLND, INDIANA 46601 (S i+J 2i; ,-1
June 5, 2017
South Bend Common Council
4`h Floor, County-City Building
South Bend, IN 46601
RE: Rezoning for 4640 South Michigan Street, South Bend, IN
APC#2829-17
Dear Council Members:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your June 12,
2017 Council meeting, and set it for public hearing at your July 24, 2017. Council meeting. The
petition is tentatively scheduled for public hearing at the July 18, 2017 Area Plan Commission
meeting. The recommendation of the Area Plan Commission will be forwarded to your office by
noon on the day following the public hearing.
If you have any questions, please feel free to contact our office.
Sincerely,
avid M Stanton, Jr.
Planner
CC: Aladean DeRose Filed in Clerk's Office
JUN 0 6 2011
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
SERVING ST. JO SEPH COUNT Y, SOU TH BEND, L AKEVILL E, NEW CAR L I S LE, NOR TH LIBERTY, OSCEOLA & RO S E LA ND
W W W.S T J O S E P H C O U N T Y I N D IANA.C O M t A R E A P L A N
PETITION FOR ZONE MAP AMENDMENT
City ofSouth Bend, Indiana
I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning
ordinance as herein requested.
1) The property sought to be rezoned is located at:
The properties east, south, and adjacent to theformer K-Mart located at 4640 South Michigan Street, namely
the residences located at 237, 305, and 313 Reasor Street, a sliver offormer INDOT right-of-wayfor Reasor Street,
four(4)vacantparcels created as part ofthe acquisition ofthe Fellows Street overpass, and the southernmost portion
ofGurley Leep Ford dealership. 9parcels in total
South Bend, Indiana 46614
2) The property Tax Key Number(s)is/are:
71-08-25-326-041.000-002(1.38 acre/
Gurley Leep(B-1)), -019.000-
002 (0.74 acres/
FellowsVacant Land(B-2)), -020.000-002(0.67 acres/Fellows Vacant Land(B-3)), -021.000-002
0.58 acres/
Fellows Vacant Land(B-3)), -022.000-002 (0.57 acres/
Fellows VacantLand(B-3)), -034.000-002
0.034 acres and 0.49 acres/Reasor INDOT Vacation and
Residence(B-4 and B-5)), -033.000-002 (0.53 acres/
Reasor Residence(B-6)), -032.000-002 (0.47 acres/Reasor Residence(B-7))
3) Legal Descriptions: Rezoning Depiction on Exhibit A and RezoningLegal Description on Exhibits B-1 to B-7
4) Total Site Area: 5.464 acres
5) Name and address of property owner(s)of the petition site:
Menard, Inc., a Wisconsin corporation
5101 Menard Drive
Eau Claire, WI 54703
715-876-2810
Attn: Tom ONeil/toneil@menard-inc.com
6
Name and address of additional property owners, if applicable: 0
2017
6) Name and address of contingent purchaser(s), if applicable:
AREA
F1J
COs 1111'ItSSIOR!
Not Applicable
Filed in Clerk's Office
Name and address of additional property owners, if applicable:
7) It is desired and requested that this property be rezoned:
JUN 06 2017
From: GB General Business District SF1 Single Family Two Family rnKAREEMAH FOWLER
r YrLERK SOUTH BEND,IN
To: CB Community Business District
8) This rezoning is requested to allow the
following use(s):
Menards home improvement store
IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section):
1) Not applicable
2) A statement on how each of the following standards for the granting of variances is met:
a) The approval will not be injurious to the public health, safety, morals and general welfare ofthe
community:
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED AT 4640 SOUTH MICHIGAN STREET; 237, 305, AND 313 REASOR
STREET; 4637, 4701 , 4707, AND VACANT PARCEL SOUTH AND ADJACENT TO
4707 FELLOWS STREET; COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF
SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Establish a new Menards Home Improvement Store
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:
The northeast corner of US-31 and US-20 (St. Joseph Valley parkway) more
particularly described as:
LOT 2 OF GURLEY LEEP MINOR SUBDIVISION: AND
LOTS 15 — 17 OF HARTMAN TERRACE, EXCLUDING ANY PORTIONS
THEREOF SOLD TO THE STATE OF INDIANA: AND
A PART OF THE EAST HALF
OF THE SW QUARTER
OF SEC. 25. T. 37 N..
R.
2 E., BEGINNING AT THE SW CORNER OF LOT 16 OF HAWBLITZEL
ADDITION AMENDED PLAT; THENCE WEST 200.5 MORE OR LESS ALONG
THE SOUTH LINE OF LOT 2 OF GURLEY LEEP MINOR SUBDIVISION TO
THE SW CORNER OF SAID LOT 2; THENCE SOUTH 460' MORE OR LESS
PARALLEL TO THE WEST LINE OF HAWBLITZEL ADDITION AMENDED
PLAT, TO A POINT 114.82' MORE OR LESS NORTH OF THE NORTH LINE
OF HARTMAN TERRACE; THENCE EAST PARALLEL TO THE NORTH LINE
OF HARTMAN TERRACE 83.4' MORE OR LESS TO THE ROW OF FELLOWS
ST.;
THENCE NE AND NORTH TO THE SOUTH LOT LINE, EXTENDED, OF
LOT 16 OF HAWBLITZEL ADDITION AMENDED PLAT: THENCE WEST
ALONG SAID LOT LINE TO THE POINT OF BEGINNING.
be and the same is hereby established as CB COMMUNITY BUSINESS DISTRICT.
SECTION II.
This ordinance is and shall be subject to commitments as provided by Chapter 21-
09.02(d) Commitments, if applicable.
SECTION III.
This ordinance shall be in full force and effect from and after its passage
by the Common Council, approval by the Mayor, legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Member of the Common Council
Attest:
City Clerk
Presentedby 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
Tiled
in Clerks Office
f jN' '0 6 2017
LAWRENCE P. MA6LIOZZ1
Fsr•.r u'r1c1 otRrcron
Angela M. Smith
1).P u15 Djr-O r
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
22 7 W. J EF FE R SON
BLV D., RO OM 1140
COUNTY-CITY BUILD IN G, SOUT H BE N A- -36601
Filed in Gierk's Office
Wednesday,July 19,2017
JUL 19 2017
The Honorable Council of the City of South Bend
4th Floor,County-City Building KAREE:MAH FOWLER
South Bend, IN
46601 CITY CLERK,SOIJTH REND, N
RE: An Ordinance initiated by the Common Council of the City of South Bend,Indiana amending Chapter 21 of
the South Bend Municpal Code,Article 3 by adding Mini(self storage)Warehouse,Internal Access to
permitted uses in CB Community Business District,CBD Central Business District, and GB General Business
District; and establishing additional development standards for Mini(self storage) Warehouse, Internal
Access;and adding a definition for Mini (self storage)Warehouse,Internal Access.
Dear Council Members:
The above referenced ordinance initiated by the Common Council was legally advertised on July 6,2017,The
Area Plan Commission at its public hearing on July 18, 2017,took the following action:
Upon a motion by John DeLee,being seconded by Mathew Peterson and unanimously carried,a proposed
ordinance of the Common Council of the City of South Bend, IN, amending Chapter 21 of the South Bend
Municipall Code,Article 3 by adding Mini(Self Storage)Warehouse, Internal Access to permitted uses in CB
Community Business District,CBD Central Business District,and GB General Business District; and establishing
additional development standards for Mini (Self Storage)Warehouse,Internal Access; and adding a definition for
Mini(Self Storage)Warehouse, Internal Access is sent to the Common Council with a FAVORABLE
recommendation.Updating the zoning ordinance to allow for the adaptive reuse of large vacant commercial
structures or the creation of conveniently placed new storage facilities while maintaining the appearance of a retail
center will promote stability and vibrancy of the commercial districts within the City.
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,
jo
Lawrence P.Magliozzi
Attachment
SER VING ST. JOS EPH COU NT Y, SOUTH BEND. LAKEVILLE. N EW CARLISLE, NORTH LIBERT Y , O SCEOLA & R OSE LAND
W W W.S j C I N D I A N A.C O N?)0 6 1 ar e a p 1 41
Staff Report Filed in ter s Of 'e
APC # 2833-17
Owner: Common Council of the
City of South Bend, IN
1
Location: Text Amendment JUL 9 2017
Jurisdiction:
City of South Bend KAREEAlAII FOWLER
Public Hearing Date: 7/18/2017 CITY CLERK,SOUTH BENU-LINLI
Requested Action:
The requested action is a Council Initiated text change, amending the ordinance to allow for
a new use identified as Mini (self storage) Warehouse, Internal Access in the CB, CBD, and
GB districts and providing a definition for such use.
Staff Comments:
As larger retail facilities close or relocate their existing facilities, buildings with large foot
prints are often left behind. The proposed text amendment creates a use that allows for the
conversion or creation of a mini(self storage) facility in which the traditional access is
shifted to a shared internal access, allowing businesses to maintain their retail store front
appearance. A Mini (Self Storage) Warehouse, Internal Access is defined as a mini (self
storage)warehouse having sole access to all of its individual storage spaces through
common entries and internal hallways.No direct access or outward appearance of direct
access to an individual storage space is provided from the building exterior and no outdoor
storage area is provided on site.
The proposed text amendment allows for Mini (Self Storage) Warehouse, Internal Access
as a permitted use in CB Community Business District, CBD Central Business District,
and GB General Business District with in the City. Additional development standards are
created to encourage the building to either maintain or create the appearance of a traditional
retail store.
Recommendation:
Based on information available prior to the public hearing,the staff recommends to petition
be sent to the Common Council with a favorable recommendation.
Analysis:
Updating the zoning ordinance to allow for the adaptive reuse of large vacant commercial
structures or the creation of conveniently placed new storage facilities while maintaining
the appearance of a retail center will promote stability and vibrancy of the commercial
districts within the City.
i
APC 4 2833-17 Page 1 of 1
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LAWRENCE P. MAGLIOZZI
EXE CUT I V E DIRFCI O R
Angela M. Smith
1),P u1, 1)i,''1
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
22 7 W. J EFFERSO N BLVD., ROOM 114 0 C OUNTY-C I TY BUIL DIN G, SO U TH BE ND, INDI A N `. +6 601 (5 7+) 235-9571
July 19, 2017 Filed in Clerk's Office
South Bend Common Council JUL 19 2017
4t'Floor, County-City Building
South Bend, IN 46601 KAREEMAH FOWLER
CITY CLERK,SO:;TH REND,IN
RE: Bill#40-17
Rezoning: APC#2833-17 - Text Amendment
for Mini (Self Storage), Internal Access
Dear Council Members:
The Area Plan Commission held a public hearing on July 18, 2017 for the above reference petition. This
petition is set for public hearing before the Common Council on Monday, July 24, 2017.
Ordinance& Petition Amendments:
The following changes have been made to the above referenced petition:NONE
Public Hearing Summary:
There 2 people that spoke in favor of the proposed rezoning. They spoke in favor indicating this would
allow for reuse ofvacant buildings, address an anticipated need as people move to urban areas, and allow
for development compatible with the district in which it is located and allow properties to be easily
converted in the future as market demand changes.
If you have any further questions,please feel free to contact me at(574) 235-9571.
Sincerely,
Anae4l'a M. Smith
Deputy Director
CC: Bob Palmer
SERVING ST. J OSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW C ARLISLE, NO R TH LIBERTY, OS C EOLA & R OSE L AND
W W W.S T J O S E P H C O U N T Y I N D I A N A.C O M I A R E A P L A N
City of South Bend
f
Common Council
441 County-City Building • 227 W.Jefferson Blvd 574) 235-9321
South Bend,Indiana 46601-1830 Fax (574)235-9173
TDD: (574) 235-5567
Tim Scott http://www.southbendin.gov
President
Oliver Davis
Vice-President June 21, 2017
Gavin FerlicMembers of the South Bend Common Council
Chairperson,Committee 4th Floor County-City Building
of the Whole South Bend, Indiana 46601
Tim Scott
Re: Proposed Text Amendment Addressing Indoor Storage
First District
Regina Williams Preston Dear Council Members:
Second District
At the June 12, 2017 Zoning and Annexation Committee meeting, the Area
Randy Kelly Plan Commission Deputy Director updated the Council on the proposed text
Third District amendment ordinance permitting mini self-storage warehouse facilities in commercial
districts.
Jo M. Broden
Fourth District
In light of that favorable reception by the Council for this concept, and in
collaboration with the Area Plan staff, we are introducing an ordinance which would
David Varner move this matter forward.
Fifth District
The attached Bill No. 40-17 would have first reading by the Common Council at our
Oliver Davis June 26`h meeting and would be referred to the Area Plan Commission so
Sixth District
that it could be heard at their July meeting.
Gavin FerlicGavin
Thank you for your continuing support.
John Voorde Most Sincer ly,
At Large
Karen White
At Large Oliver Davis
6`h rict Coun it Member
Jo M. Broden
4`h District Council Member
ORDINANCE NO.
AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE,
ARTICLE 3 BY ADDING MINI (SELF STORAGE) WAREHOUSE, INTERNAL ACCESS
TO PERMITTED USES IN CB COMMUNITY BUSINESS DISTRICT, CBD CENTRAL
BUSINESS DISTRICT, AND GB GENERAL BUSINESS DISTRICT; AND ESTABLISHING
ADDITIONAL DEVELOPMENT STANDARDS FOR MINI (SELF STORAGE)
WAREHOUSE, INTERNAL ACCESS; AND ADDING A DEFINITION FOR MINI (SELF
STORAGE) WAREHOUSE, INTERNAL ACCESS.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that
went into effect on May 7, 2004. Since the adoption ofthe ordinance, various changes have been
needed to address uses not otherwise included in the ordinance. With increased demand for mini
self storage) warehouse facilities, more businesses are seeking to reuse vacant commercial space
as storage facilities.These facilities do not present the same impact as traditional mini(self storage)
warehouse uses because they are typically contained within the existing commercial structure with
minimal change to the outward appearance ofthe building,allowing them to blend in with existing
commercial development. The proposed ordinance establishes a framework and provisions for
such uses within the existing commercial districts.
NOW THEREFORE BE IT ORDAINED by the Common Council ofthe City of South
Bend, Indiana as follows:
SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/
Mixed Use Districts, Section 21-03.05 CB Community Business District, subsection(a) (1)
Primary Uses, is hereby amended as follows:
F)
Miscellaneous: Including but not limited to: Agriculture Seed Sales;
Artificial Lake;Bed&Breakfast; Bus Station; Clinic—medical, dental or
optometrists; Conference Center; Electrical/Electronics Repair; Hospital;
Hotel; Kennel (without outdoor runs);Mini (SelfStorage) Warehouse,
Internal Access; Print Shop; Publishing; Sign Painting; Radio/Television
Stations (without transmission towers); Rehabilitation Center; Sanitarium;
Veterinary Hospital (may include boarding/without outdoor runs).
SECTION II. Chapter 21, Zoning, ofthe South Bend Municipal Code,Article 3 Commercial/
Mixed Use Districts, Section 21-03.06 CBD Central Business District, subsection(a) (1)
Primary Uses, is hereby amended as follows:
E) Miscellaneous: Including but not limited to: Bed& Breakfast; Bus,taxi, or
limousine terminal, without repair; Clinic (medical, dental or
optometrists); Conference Center; Cottage Business I Residential;
Electrical/Electronics Repair; Hospital; Hotel; Laboratories;Mini (Sel
Stora,ae) Warehouse, Internal Access; PrintShop; Publishing; Radio/TV
Stations (provided any antenna shall comply with the regulations for
Communication/Utilities); Video Production Studios.
SECTION III. Chapter 21,Zoning, of the South BendMunicipal Code, Article 3 Commercial/
Mixed Use Districts, Section 21-03.07 GB General Business District, subsection(a) (
1)Primary
Uses, is hereby amended as follows:
E)
Miscellaneous: Including but not limited to: Agriculture Seed Sales;
Artificial Lake; Bus, Taxi, or limousine terminal, with or without repair;
Conference Center; Farm Equipment—sales and service; Kennel (with
indoor runs); Kennel (with outdoor runs);Manufactured Home Sales; Mini
SelfStorage) Warehouse, Internal Access; Mini (SelfStorage) Warehouse
without outdoor storage; Sign Painting; Radio /Television Stations
without transmission towers); Radio/Television Stations (with
transmission towers); Roadside Food Sales; Tool and Equipment Rental;
Veterinary Hospital (without
boarding); Veterinary Hospital (including
boarding).
SECTION IV. Chapter 21,Zoning, of the South Bend Municipal Code, Article 3 Commercial/
Mixed Use Districts, Section 21-03.11 General Regulations for Commercial/Mixed Use
Districts, subsection(f) Additional Development Standards, is hereby amended by adding a new
subsection (5) as follows:
5)
Additional Regulations for Mini (SelfStorage) Warehouse, Internal Access.
A) For new construction, the minimum percentage offrontfagade surface that
shall be glazed (window and door surface area) is forty (40)percent of the
first-floorfagade and twenty-five (25)percent ofany floor above the first
floor. Windows and doors shall have clear glass.
B)
For renovations to existing buildings, the existing total surface area of glazed
window and door surface) areas on any floor of afrontfagade shall not be
reduced. Any new entry doors or windows on thefrontfagade shall have
clear glass.
C) The surface area for each floor of the fagade is calculated as the length ofthe
fagade on that floor multiplied by the average height, as measured from
grade or the elevation of that floor to the elevation of the next floor or the
top of the wall.
SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 11 Definitions,
Section 21-11.02 Definitions is hereby amended as follows:
Mini (Self Storage) Warehouse: A building or structure designed and used for the purpose of
renting or leasing individual storage spaces to occupants who are to have access to such
for the purpose of storing and removing personal property. Mini (Self Storage)
Warehouse includes Mini (Sel Storage) Warehouse, Internal Access.
Mini (Self Storage) Warehouse Internal Access: A mini (selfstorage) warehouse having sole
access to all of its individual storage_spaces through common entries and internal
hallways No direct access or outward appearance of direct access to an individual
storage space is provided from the building-exterior and no outdoor storage area is
provided on site.
Section VI.
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 Council
Attest:
City Clerk
Presented by me to the Mayor of theCity 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
Filed in Clerk's Office
1 st READINGJUN 2 12017
PUBLIC HEARING
3 rd READING I(AREEMAH FOWLER
NOT APPROVED CITY CLERK,SOUTH BEAD,IN
REFERRED
PASSED
BUTLER and CROWLEY
LAW OFFICE
726 EAST WASHINGTON STREET
SOUTH BEND, INDIANA 46617
TELEPHONE: (574)233-9500
FACSIMILE: (574)233-9502
PAUL G. CROWLEY, ATTORNEY
pgcrowl e VC cDaol.com
June 27, 2017
Filed in Clerk's Office
Common Council
City of South Bend
227 W. Jefferson Blvd. JUN 28 20
South Bend, IN 46601
KAREEli A,H FOWLER
Re: Alley VacationRequest CITY CLER, K,SOlJTI-t BEND,IN
1" N/S Alley E of N. William Street from W. Marion St. To W. Navarre St.
for a distance of 419 feet and a width of 14 feet
Frank Linarello, Petitioner
Good day:
This letter is submitted on behalf of Frank Linarello, who requests that the alley between
hisbuilding and
his parking lot be vacated.
In so doing, his tenant, Frank's Place, will be able
to offer patio dining during the milder seasons of the year.
We acknowledge that we enter this petition process with one strike against us. The
Board of Public Works gave an unfavorable recommendation on March 14, 2017. The principal
objection was the fact that the vacation would leave a property owned by Welco RE LLC
Welsheimers) landlocked. We have since filed an easement that gives Welco access to its
property.
Secondly, the Fire Department stated concerns that the distance from hydrants would
beincreased by the vacation.
While we haven't done the math, and we concede that distances
without use of the alley may be greater, we would show that the alley is not readily available for
use by the fire department now and so the vacation would not actuaiiy change the status quo.
We ask that this petition be placed on the agenda of the Common Council as soon as
possible. We would plan to appear at the hearing and provide evidence in support of our
petition.
Thank you so much.
4
13e reg
Paul G. rowley
PGC:blb
cc:
Frank Linarello
C:\18&C\1KJB\Cl ient s\L\LinarelloWlley V ac ati o n\2017.06.2 7_CommonCounciI Ltr.wpd
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
STREETS/ALLEYS)
TO THE COMMONCOUNCIL DATE: Z
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNEDPROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
LEGAL DESCRIPTION:
THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF WILLIAM STREET
PORTAGEAVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W. NAVARRE STREET TO THE
NORTH RIGHT-OF-WAY OF WEST MARION STREET FOR A DISTANCE OF APPROXIMATELY 410
FEET AND A WIDTH OF 14 FEET. BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
B. THE STREET DESCRIBED AS:
NAME (signed rinted)
ADDRESS LOT #
327Marion St., South Bend IN 46601 018-1020-0852
018-1020-85201
Frank N. Lin rello 018-1020-08151
J
018-1020-0850
kJt• U,o-
ecrL,
521William Street, South Bend IN 46601018-1018-0719
018-1018-0716
William Welsheimer-Welco RE LLC
CONTACT PERSON (S)
NAME: Paul G. Crowley
BUTLER and CROWLEY LAW OFFICE
RETURN TO:
OFFICE OF THE CITY CLERK ADDRESS: 726 East Washington Street
KAREEMAHFOWLER, CITY CLERK South Bend, IN 46617
CC: ALKEYNA ALDRIDGE
ROOM 455-
COUNTY-CITY BUILDING PHONE: 574-233-9500
SOUTH BEND, IN 46601
574-235-9221
Filed in Clerk's Office
JUN 28 2017
KAREEMAH FOWLER
CITYCLERK,SOUTH BEND, IN
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF
WILLIAM STREET(PORTAGE AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W.
NAVARRE STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET.
BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the
authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF
WILLIAM STREET (PORTAGE AVENUE), FROM THE SOUTH RIGHT-OF-WAY OF W.
NAVARRE STREET TO THE NORTH RIGHT-OF-WAY OF WEST MARION STREET
FOR A DISTANCE OF APPROXIMATELY 410 FEET AND A WIDTH OF 14 FEET.
BEING A PART OF THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of all
utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities,
including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water
control structures and ditches, within the vacated right-of-way, unless such rights are released
by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected by such
vacating:
323 Marion Street - Frank Linarello
325 Marion Street - Frank Linarello
326 West Navarre Street - Steve and Maria Tomasula
334 West Navarre Street -Welco Real Estate LLC
330 West Navarre Street - Daniel Chapman and Alberta Lee Henderson
018-1020-0852
018-1020-0851
018-1018-0714
018-1018-0716
018-1018-0715
Section IV. The purpose of the vacation of the real property is to allow for outdoor
seating for the restaurant.
SECTION V. 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 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
Filled;in Clerk's Office
2 8 2017
KAREEMAH FOWLER
CITY CLERK,SOUTt B
C1
4
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TOPW
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Jerk
es
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City of South Bend Alley Vacation 150' Radius Mapmgk ,s Dept. of
PublicWorks
Frank Linarello227 W JeffersonBlvd. #1316
South Bend, IN 46601The alley to be vacated is the first N/S
Phone: (574) 235-9251 alley E of N. Williams St. from W. Marion St.
150' Buffer to W. Navarre St. for a distance of 419 feet
Address List attached and a width of 14 feet.
Date Prepared: 6/21/2017
SpU TH8LA
120ON CouNTY-CrrY BuiwiNG
j x PHONE
574.235.9216
227 W. JEFFERSON BLVD.
w \ /'i FAX 574.235.9928
SOUTH BEND,INDIANA 46601-1830
x x
I865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
July 5,2017 Filed in Cler 's Office
Mr. Tim Scott,President JUL 2017
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor KAREEMAH FOWLER
South Bend, Indiana 46601 CITY CLERK,SOUTH BEND, IN
RE: July 2017 Appropriation Ordinance—Regional Cities Allocation for Howard Park—
Parks Fund
Dear President Scott,
The City Administration is requesting an additional appropriation of$5,000,000 for
improvements to Howard Park. This appropriation will be offset by a Regional Cities
Grant of$5,000,000 which will be received as invoices are paid by the city. Therefore,
this appropriation request does not require taxpayer dollars for funding. These
improvements are part of the overall Riverfront Parks and Trails project.
It is requested
that this bill be filed for 1 St
reading on
July 10, 2017 with
2nd
reading,
public
hearing and
3 rd reading scheduled for July 24,2017.
Thank you for your attention to this request. If you should have any questions,please feel
to contact me at 574-235-7678.
Regards,
T1a
JoH. Murphy
Administration and Finance
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2017 OF $5,000,000
FROM PARK FUND (#201).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2017 operating and capital budgets in
2016 (Ordinance#10457-16 passed on October 24, 2016)which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of
South Bend,Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2017 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
Park Fund(#201) 5,000,000
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval ofthe Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor ofthe City of South Bend, Indiana, on the
day of 2017 at o'clock
Deputy City.Clerk
Approved and signed
by me on the
day of 2017 at
o'clock—.m.
Mayor, City of South Bend, Indiana
Filed in Cler , Office
JUL 05 2017
KAREEMAH FOWLER
CITYCLERK,SOUTH BEND,IN
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120ON COUNTY-CITY BUILDING
F7 ..\ x PHONE 574.235.9216
227 W. JEFFERSON BLVD. FAx 574.235.9928PEA CE
SOUTH BEND,INDIANA 46601-1830
1865
CITY OF SOUTH BEND
PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
July 5, 2017 Filed in Clerk's Office
Mr. Tim Scott, President JUL 0 5 2017
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor KAREEMAH FOWLER
South Bend, Indiana 46601CITY CLERK,SOUTH BEND,IN
RE: July 2017 Appropriation Ordinance—Housing Market Study—Department of
Community Investment Operating Fund
Dear President Scott,
The City Administration is requesting an additional appropriation of$70,000 for a
housing market study. The study will include research and evaluation of market activity
and demographic data relating to the City of South Bend and St. Joseph County. The
determination of the market potential for new and existing dwelling units in the city will
be based on the housing preferences and economic capabilities of target households,the
existing conditions and characteristics of the neighborhoods within the city, as well as
development objectives.
It
is requested
that this bill be filed for 1S t
reading on
July 10, 2017 with
2n d
reading,
public
hearing and
3 rd reading scheduled for July 24, 2017.
Thank you for your attention to this request. Ifyou should have any questions, please feel
to contact me at 574-235-7678.
Regards,
J H. Murphy
Administration and Finance
OV
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2017 OF $70,000
FROM DEPARTMENT OF COMMUNITY INVESTMENT OPERATING FUND
211).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2017 operating and capital budgets in
2016 (Ordinance#10457-16 passed on October 24, 2016) which included expenditures
for various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2017 and
set apart within the following designated funds for expenditures as follows:
Fund Amount
Department of
Community Investment(#211)70,000
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.
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
2017 at o'clock_ . m.
Deputy City Clerk
Approved and signed
by me on the
day of 2017 at
o'clock . m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
JUL 05 2017
KAREE Wj5T1 FOWLER
CITY CLERK,SOUTH BEAD,IN
m
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Filed in Clerk's Office
JUL 05 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
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http://docs.southbendin.gov/WebLink/0/doc/113316/Page1.aspx
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
574)235-9554
FAX: (574)235-5541
July 6,2017
f=iled in Clerk's Office
The Honorable Common Council South Bend
Ofthe
City of South Bend
JUL 06 2017
4th Floor, County-City Building KAREEMAH FOWLER
South Bend, Indiana 46601 CITY CLERK,SOUTH 13E°D, II\1
RE: Petition for Special Exception
Robert Burg
07/05/17
Dear Council Members:
The above referenced petition ofRobert Burg was legally advertised on June 23, 2017. The Area Board of
Zoning Appeals gave it a public hearing on July 5, 2017, at which time the following action wastaken:
Upon a motion by Mr. Urbanski, being seconded by Mr. Leszczynski and by a unanimous vote, the
petition for Special Exception to allow a tavern in a"MU" Mixed Use District, located at 1502 W.
Dunham Street, Portage Township. Zoned "MU" 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, C.B.O. Building
Commissioner
CCB/cah
PETITION Filed in Clerk's Office
SPECIAL EXCEPTIONPURSUANT 21-
09.3(D) JUL 06 2011
AREA BOARD OF ZONING APPEALS
BURG KAREEMAH FOWLER
CITY CLERK,SOUTH BEItSD,IN
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:
With the appropriate commitments written commitments, the proposed use should not impact public health,
safety or general welfare of the community.
2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA
OR PROPERTY VALUES THEREIN BECAUSE:
Approval should not affect the use or value of adjacent properties, provided that the written commitments
are fully executed. The site has been a long standing business in operation for many years. Further expansion
into areas not already zoned MU Mixed Use District could have an adverse affect on the use and value of
adjacent 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:
While staffrecognizes the desire to develop this property,careful consideration for the character ofthe area and
protection of the use and value of adjacent properties needs to be considered.The proposed use is located in an area with a
mix of single family,multi-family and mixed uses.The use itself is consistent with the neighborhood and the character of
the area.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
The proposed use is compatible with the future land use plan within City Plan(November 2006)which identifies
properties on between Harris and Walnut Streets as low density residential,high density residential,and mixed use.
CONDITIONS OR REVISIONS:
Click here to enter text.
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 FAVORABLE RECOMMENDATION
ADOPTED this 5TH Day of JULY,2017
MOTION
SECOND RECUSED ABSENT YES NO
M N MICHAEL URBANSKI
O RANDALL MATTHYS
N KATHYSCHUTH
N Z JOHN LESZCZYNSKI
N JACK YOUNG
Z ROBERT HAWLEY
9 11 BRENDAN CRUMLISH
r
c-
AREA BOARD OF ZONING APPEALS
125 S.Lafayette Blvd. Suite 100, South Bend,Indiana 46601
574-235-9554 • (Fax)574-235-5541
building@southbendin.gov
www.soutbendin.gov
PETITIONER:
Robert Burg
1502 W. Dunham
South Bend, IN 46619
Filed in Clerk'S Office
PRESENTER: JUN 21 201James A. Masters, Attorney at Law
Nemeth, Feeney,Masters & Campiti, P.C.
KAREEMAH FOWLER
350 Columbia Street CITY CLERK,SOUTH BEND,IN
South Bend, IN 46601
Telephone: 574/234-0121
e-mail:Lmastes@nfmlaw.com
PROPERTY INFORMATION:
Zoning: Commercial/MU Mixed Use
Address: 1502 W. Dunham, South Bend,IN 46619
Township: Portage
Legal Description: A lot or parcel of land twenty-six feet in width, east and west,taken off of
and from the entire side of Lot Numbered Thirty-six (36) as shown on the
recorded plat of Arnold,Hine and Wilson's Subdivision of a part ofBank
Out Lots 100, 101, and 102 ofthe Second Plat of Out Lots to the Town,
now City of South Bend,platted by State Bank of Indiana,recorded in the
office of the Recorder of St. Joseph County, Indiana.
SPECIAL EXCEPTION & VARIANCE(S):
Seeking:
Special Exception to operate a tavern in a MU Mixed Use District.
Variance for a front yard fence 7 feet in height from the required 3 foot maximum height.
A Variance to zero (0) on-site parking from the required off-street 18 off-street parking
spaces (occupancy limit of55/3) and to allow use ofthe adjacent parking lot for off-street
parking.
REASONS FOR REQUESTS:
The property had been used as a bar/tavern known as the "Dunham Inn" in a"C" Commercial
District for decades prior to the zoning change effective May 7, 2004 to MU Mixed Use. The
zoning change made the property a legal non-conforming use as a bar/tavern. Granting the
Special Exception and varian ces will
bring the property into compliance with the MU Mixed Use
The Special Exception will permit the property to be use as a tavern in a MU Mixed Use District.
The Variance for a front yard fence of 7 feet from the required 3 foot maximum height is
required because Indiana alcoholic beverage regulations at 905 IAC 1-41-4 require a 6 foot high
fence enclosing any outside area used to serve alcoholic beverages. The deck in the rear yard is
approximately 1 foot above ground level. The fence on the Harris Street side ofthe building
existed for many years prior to the zoning change was 6 feet high. The Indiana Excise Police
required the fence to be raised 1 foot so it is 6 feet from the deck floor. This makes the fence 7
feet high from the ground. Under current zoning requirements, the back yard fronting Harris
Street is considered a front yard and current zoning;allows only a 3 foot high fence on a front
yard.
The Variance for parking is required because there is no on-site off-street parking. The parking
lot across Harris Street was the parking lot for the Dunham Inn and is the parking lot for the
current bar business. Petitioner owns the lot. Petitioner will sign and record a written
commitment to use that parking lot to met the off-street parking requirements.
SPECIAL EXCEPTION APPROVAL STANDARDS
1.The approval will not be injurious to the public health, safety, morals and general welfare ofthe
community because:
Granting the Special Exception and variances will bring the property into compliance with the
MU Mixed Use District requirements.
2. The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein because:
Petitioner will sign and record a written commitment that no music will be played on the outside
deck or anywhere outside of the building premises and that there will be no use of the outside
deck after 11:00 p.m. The commitment also will permit use of the adjacent parking lot across
Harris Street to satisfy the off-street parking requirements.
3.The proposed use will be consistent with the character ofthe district in which is located and the land
uses authorized therein because:
The property is and has been used as a bar/restaurant, formerly under the name "Dunham Inn" for
decades prior to Petitioner's ownership. The business is located in a commercial area now zoned
for MU Mixed Use.
4.The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan because:
The business is located in an area zoned for commercial uses.
VARIANCE APPROVAL STANDARDS
1.The approval will not be injurious to the public health,safety, morals and general welfare ofthe
community because:
Granting the Special Exception and variances will bring the property into compliance with the
MU Mixed Use District requirements.
2.The use and value ofthe area adjacent to the property included in the variance will not be affected in a
substantially adverse manner because:
Petitioner will sign and record awritten commitment that no music will be played on the outside
deck or anywhere outside ofthe building premises and that there will be no use ofthe outside
deck afte r 11:00 p.m. The commitment also will permit use of the adjacent parking lot across
Harris Street to satisfy the off-street parking requirements.
3.The strict application ofthe terms ofthe zoning ordinance will result in practical difficulties in the use
ofthe property because:
Theproperty is andhas beenused as a bar/restaurant,formerly under the name "Dunham Inn" for
decades prior to Petitioner's ownership. The business is located in a commercial area now zoned
for MU Mixed Use. The change in the zoning classification changed the fencing and parking
requirements applicable to the property even though the general use ofthe property as a tavern
has not changed.
Robert Burg,Petitioner Filed in Clerk's Office i
Date: June 13,2017
JUN 212017
KAREEMAH FOWLER
James A. asters, Attorney at Law
CITY CLERK,SOUTH SEND,IN
Nemeth,
Feeney, Masters & Campiti, P.C.
350 Columbia Street
South Bend, IN 46601
Telephone: 574/234-0121
Attorney for Petitioner
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
1502 W. DUNHAM, SOUTH BEND,INDIANA 46619
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, ofits 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 ofZoningAppeals makes its recommendation to the Council; 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 BYTHE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice ofthe hearing on the Petition from the Area
Board ofZoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special
Exception be granted for the property located at: 1502 W. Dunham, South Bend, Indiana 46619
in order to permit:
Special Exception to operate a tavern in a MU]Mixed Use District.
Variance for a front yard fence 7 feet in height:from the required 3 foot maximum height.
Variance to zero (0) on-site parking from the required off-street 18 off-street parking spaces
occupancy limit of55/3) and to allow use ofthe adjacent parking lot for off-street parking.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition ofthe Area Board ofZoning Appeals, a copy of
which is on file in the Office ofthe City Clerk.
SECTION III. The Common Council ofthe City ofSouth Bend, Indiana, hereby findsthat:
For the Special Exception:
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 City of South Bend
Comprehensive plan.
For the Variances:
1. The approval will not be injurious to the public health, safety, morals and general
welfare of the community.
2. The use and value ofthe area adjacent to the property included in the variance will not
be affected in a substantially adverse manner:
3. The strict application of the terms of the zoning ordinance will result in practical
difficulties in the use of the property.
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 and approval by the Mayor.
Member of the Common Council
I
Filed in Clerk's Office
JUN 13 2017
PRESENTED KAREEPVIAH FOWLER
NOT APPROVE CITY CLERK,SOUTH BEND,IN
ADOPT6D
Type: Filing_Fees
Payor: NEMETH FEENEY MASTERS & CAMPITI
License Number:
Address: 1502 W DUNHAM
SP EXCEPT & VARIANCES FOR ROBERT BURG
6/13/2017 12:14:37 PM
Filing_Fees $390.00
Check 2888 $390.00
chenry 6381
Filed in Clerk's Office
AREA BOARD OF ZONING APPEALS
125 S.Lafayette Blvd. Suite 100, South Bend, Indiana 46601
574-235-
9554 • (Fax)574-235-5541 -
JUN 21 2017
building(@southbendin.gov
www.so utbendi n.gov
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND, IN
NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Area Board of Zoning Appeals will hold a public
hearing in the Council Chambers on the 4th Floor of the County-City Building,227 W.Jefferson Blvd.,
South Bend,Indiana on the 5 day of July 2017----,at 1:30 p.m.or as soon thereafter as the
matter can be heard.This hearing is for the purpose of considering a petition that was filed by:
ll-C/ ,&
4,1
Seeking:
A Special Exception to operate a tavern in a MU Mixed Use District.
A Variance for a front yard fence of 7 feet from the required 3 feet.
A Variance from zero (0) on-site parking from the required 18 off-street parking spaces (55
occupancy limit/3) and to allow use of an adjacent parking lot for off-site parking.
On real estate commonly described as:
1502 W. Dunham South Bend IN 46619
and is legally described as follows:
A lot or parcel of land twenty-six feet in width, east and west, taken off of and from the entire side of
Lot Numbered Thirty-six (36)as shown on the recorded plat of Arnold, Hine and Wilson's Subdivision
of a part of Bank Out Lots 100, 101, and 102 of the Second Plat of Out Lots to the Town, now City of
South Bend, platted by State Bank of Indiana, recorded in the Office of the Recorder of St . Joseph
County, Indiana.
Dated this
day of
T 0/ 7
A BOARD OF ZONING APPEALS
O
OP
Carolyn A.
11,Nv,
Secretary to the Board
S
TO THE PETITIONER:It is your responsibility to complete this form correctly and deliver it to the Secretary of the
Board ofZoning Appeals with the other papers at the time of original filing,Once it is signed by the Secretary,then
it is your responsibility to make arrangements to have publication ofnotice made in a local newspaper having
general circulation in St. Joseph County.Such notice must be published one(1)time,being at least ten(10)days
prior to the date on which the public hearing is to be held.Proof of publication must be presented to the Board at the
time o f p ub lic
hearing.
FKAR
ed in Clerk's Office
AREA BOARD OF ZONING APPEALS
125 S.Lafayette Blvd. Suite 100,South Bend,Indiana 46601
574-235-9554 - (Fax)574-235-5541 -
JUN 2 12017
building_(c southbendin.gov
www.soutbendin.gov
EEMAH FOWLER
CITY CLERK:SOUTH BEND,IN
NOTICE TO ADJACENT PROPERTY OWNERS:
You are hereby notified that a public hearing will be held by the Area Board of Zoning Appeals on
Wednesday,they
day of
July ,2017 ,at 1:30 p.m. in the Council Chambers on the 4th Floor
of the County-City Building,227 W.Jefferson Blvd.,South Bend,Indiana.
A petition is on file by:
Robert Burg
Seeking:
A Special Exception to operate a tavern in a MU Mixed Use District.
A Variance for a front yard fence of 7 feet from the required 3 feet.
A Variance from zero (0) on-site parking from the required 18 off-street parking spaces (55
occupancy limit/3) and to allow use of an adjacent parking lot for off-site parking.
On property commonly described as:
1502 W. Dunham South Bend IN 46619
Said public hearing will be held as authorized by the applicable Zoning Ordinance and Chapter 138,Acts
of 1957 of the General Assembly of the State of Indiana.
As a property owner within the immediate appeal area,this notice is sent to you as a courtesy. Sometimes,
for reasons beyond our control,property owners within the immediate area of the subject property will
not receive a copy ofthis notice. Ifyou know ofsomeone who should have received notice but didn't,
please inform them of this hearing.Any persons desiring to oppose or support this petition will be heard
at the time of the hearing.
AREA BOARD OF ZONING APPEALS
Carolyn A.Henry
Secretary to the Board
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE
MADE IN CONNECTION WITH A PETITION FOR SPECIAL USE AND VARIANCES
In accor dance with I.C. 36-74-1015 and
South Bend Municipal Code §21-09.03(d),
Robert Burg, Owner of the real estate located in the City of South Bend, Indiana which is described
herein-below,makes the following COMMITMENTS concerning the use and development ofthe
following described parcel of real estate:
LEGAL DESCRIPTION:
Address:
1502 W. Dunham, South Bend,IN 46619
Legal Description:
A lot or parcel of land twenty-six feet in width, east and west,taken off of and
from the entire side of Lot Numbered Thirty-six(36) as shown on the recorded
plat of Arnold,Hine and Wilson's Subdivision of a part of Bank Out Lots 100,
101,and 102 of the Second Plat of Out Lots to the Town, now City of South
Bend,platted by State Bank of Indiana, recorded in the Office ofthe Recorder of
St. Joseph County,Indiana.
STATEMENT OF COMMITMENTS:
1. No music will be played on the outside deck or anywhere outside of the building premises
2. There will be no use of the outside deck after 11:00 p.m. on any day.
3. Permission is hereby granted to patrons and other persons going to the bar/tavern business at
1502 W. Dunham Street to use the parking lot described as follows for parking:
Lot Numbered Eleven(11)as shown on the plat ofJ.B. Arnold's Subdivision of
part of Bank Out Lots 100 and 101 of the Second Plat of Out Lots to the Town,
now City ofSouth Bend, platted by State Bank of Indiana,recorded in the Office
of the Recorder of St. Joseph County, Indiana in Plat Book 3,page 10.
These COMMITMENTS shall run with the land, be binding on the Owner ofthe above-described
real estate, subsequent owners ofthe above-described real estate and other persons acquiring an
interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area
Board of Zoning Appeals of St. Joseph County made at a public hearing after proper notice has been
gi ven.
The COMMITMENTS contained in this instrument shall be effective upon the approval ofpetition
by the Area Board of Zoning Appeals and the South Bend Common Council and
shall continue in effect until: (
i)the real estate is rezoned; or, (ii)modified or terminated by the Area
Board of
Zoning Appeals of St. JosephCounty.
These COMMITMENTS may be enforced jointly or severally by:
1. The Area Board of Zoning Appeals of St.Joseph County;
2.The City of South Bend, Indiana;
3. Owners ofall parcels of ground adjoining the real estate within three-hundred(300)feet of the
subject parcel and all owners of real estate within the area included in the petition who were not
petitioners for approval.
The undersigned hereby authorizes his attorney to record this Commitment in the Office of the
Recorder of St. Joseph County, Indiana, upon final approval of Special Exception and Variance
Petition#
by the Area Board ofZoning Appeals and the South Bend Common
Council..
IN WITNESS WHEREOF, Owner has ex ecuted
this instrument this
day of
2017.
Signature
PrintedRobert Burg
STATE OF )
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State,personally appeared Robert Burg,
Owner of the real estate described above who acknowledged the execution ofthe foregoing
instrument and who, having been duly sworn,stated that any representations therein contained are
true.
Witness my hand and Notarial Seal this 2017.
Signature
Printed
County of Residence
Commission and Seal:
This instrument prepared
by James A.Masters,(#9074-71)NEMETH, FEENEY,MASTERS&CAMPITI,P.C.,
350 Columbia Street,South Bend,Indiana,46601,Telephone(574)234-0121.
1 affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in
this document,un less re quire d
by law./s/
James A.Masters
Filed in Clerk's Office
JUN 21 2017
COMMITMENTS CONCERNING THE USE OR DEVELOPMENT
WLER
MADE IN CONNECTION WITH A PETITION FOR SPECIAL USE°
BEND,IN
In accordance with I.C. 36-7-4-1015 and South Bend Municipal Code §21-09.03(d),
Robert Burg, Owner of the real estate located in the City of South Bend, Indiana which is described
herein-below,makes the following COMMITMENTS concerning the use and development of the
following described parcel of real estate:
LEGAL DESCRIPTION:
Address: 1502 W. Dunham, South Bend,IN 46619
Legal Description:
A lot or parcel of land twenty-six feet in width, east and west,taken off ofand
from the entire side of Lot Numbered Thirty-six(36) as shown on the recorded
plat of Arnold,Hine and Wilson's Subdivision of a part of Bank Out Lots 100,
101, and 102 ofthe Second Plat ofOut Lots to the Town, now City of South
Bend,platted by State Bank of Indiana, recorded in the Office ofthe Recorder of
St. Joseph County, Indiana.
STATEMENT OF COMMITMENTS:
1. No music will be played on the outside deck or anywhere outside of the building premises
2. There will be no use of the outside deck after 11:00 p.m. on any day.
3. Permission is hereby granted to patrons and other persons going to the bar/tavern business at
1502 W. Dunham Street to use the parking lot described as follows for parking:
Lot Numbered Eleven(11) as shown on the plat of J.B. Arnold's Subdivision of
part ofBank Out Lots 100 and 101 ofthe Second Plat of Out Lots to the Town,
now City ofSouth Bend,platted by State Bank of Indiana,recorded in the Office
of the Recorder of St. Joseph County,Indiana in Plat Book 3,page 10.
These COMMITMENTS shall run with the land, be binding on the Owner of the above-described
real estate, subsequent owners ofthe above-described real estate and other persons acquiring an
interest therein. These COMMITMENTS may be modified or terminated by a decision of the Area
Board of Zoning Appeals of St. Joseph County made at a public hearing after proper notice has been
given.
The COMMITMENTS contained in this instrument shall be effective upon the approval of petition
by the Area Board of Zoning Appeals and the South Bend Common Council and
shall continue in effect until: (
i)the real estate is rezoned; or, (ii) modified or terminated by the Area
Board of
Zoning Appeals of St. JosephCounty.
a
These COMMITMENTS may be enforced jointly or severally by:
1.The Area Board of Zoning Appeals of St.Joseph County;
2.The City of South Bend,Indiana;
3. Owners of all parcels of ground adjoining the real estate within three-hundred(300)feet of the
subject parcel and all owners of real estate within the area included in the petition who were not
petitioners for approval.
The undersigned hereby authorizes his attorney to record this Commitment in the Office of the
Recorder of St.Joseph County, Indiana, upon final approval of Special Exception and Variance
Petition# by the Area Board of Zoning Appeals and the South Bend Common
Council..
IN WITNESS WHEREOF, Owner has executed
this instrument this
day of 2017.
Signature
PrintedRobert Burg
STATE OF }
SS:
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared Robert Burg,
Owner of the real estate described above who acknowledged the execution ofthe foregoing
instrument and who,having been duly sworn, stated that any representations therein contained are
true.
Witness my hand and
Notarial Seal this 2017.
Signature
Printed
County of Residence
Commission and Seal:
This instrument prepared
by James A.Masters,(#9074-71)NEMETH,FEENEY,MASTERS&CAMPITI,P.C.,
350 Columbia Street,South Bend,Indiana,46601,Telephone(574)234-0121.
I affirm,under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in
this document,unless requ ired
by law./s/James A.Masters
t
FF±ileinClerk's Office
JUN 21 001
KAREEMAH FO1NI.ER
CITY CLERK,SOUTH EIEND,IN
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IN
Filed in Clerk's Office
JUN 21 2017
I-I FOWLER
LENTYCH THOMAS J&MARLENE A MARTINEZ HOMERO GONZALEZ HER SIDE
CLERKSOU71-1 BEND,IN
745 S.Walnut 736 Harris PO Box 111700
South Bend IN 46619 South Bend IN 46619 South Bend IN 46634
DOBOSZ JOSEPH&DONNA MARIE MONIQUE INC BERGER GIDEON AND NEOMI
BUTLER
818 S Harris St 3019 S Michigan St 623 E Lasalle Ave
South Bend IN 46619 South Bend IN 46614 South Bend IN 46617
HERMAN GLENNADINE T AND E AND J FREEDOM 114VESTMENTS LLC PLONKA DAVID E
HERMAN SHARON ANN
South Bend IN 46614
RD
827 S Walnut St 2637 E 3rd Street
S
YORK
South Bend
IN 46619 Los Angeles CA 9003:1 Sout
JACKSON DANISHA L GUZICKI DANIEL R AREVALO J GUADALUPE&ROSA
MARIA
2050 Cornwall Ct 1517 W Fisher St 740 Walnut
South Bend IN 46614 South Bend IN 46619 South Bend IN 46619
HARRIS CYNTHIA J EQUITY HOLDING GROUP LLC THE ANM RENTALS LLC
SEE TRANSFER NOTE
ish IMishawaka 46544
Ct
834 HARRIS ST 1805
hilltop dr ste 209
M
Miller
South Bend IN 46619 Redding CA 96002 Mish
DELGADO FERNANDO&MARIA KUCHARSKI JOHN C JR AND MONICA BARRIOS EUGENIO
735 S Walnut St 805 S Walnut St 1531 Elwood St
South Bend
IN 46619 South Bend IN 46619 South Bend IN 46628
MARTINEZ RAMIRO C TROWBRIDGE JASON BOTELLO JUAN M
717#2 Walnut St 29680 Santa Cruz Drive 5203 W Sample St
South Bend IN 46619 Elkhart IN 46514 South Bend IN 46619
1512 LAND TRUST 212004 PROB DEED HORRALL PETER LOPEZ JONATHAN A AND MICHAEL S
1512 Fisher PO Box 6111506 Fisher
South Bend IN 46619 Niles MI 49120 South Bend IN 46619
PERRY JOHN L LENTYCH THOMAS AND MARLENE DOBOSZ JOSEPH &DONNA MARIE
BUTLER
1124 Coleman Dr 823 S Walnut St 818 S Harris St
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
WOODING KEVIN AND CAYE LINNIE ROXI RENTALS LLC NAVARRO ANA MARIA
821 S Walnut 817 S Walnut St 815 S Walnut St
South Send IN 46619 South Bend IN 46619 South Bend IN 46619
KLAUDUSZ ESTHER K ACUNA AMALIA AKA ACUNA AMALIA STACHOWIAK MAXINE REV LIVING
AND GUEVARA JACQUELINE TRUST MAXINE STACHOWIAK
1359 Fisher 1355 Fisher 1501 Fisher St
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
TANNER CHADD GUZICKI JILLIAN OTOLSKI THOMAS
55889 Bristol St 1515 Fisher 1511 Fisher
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
PAGE
JOHN OLIVER&LORETTA BURG ROBERT ROWE SHANNON
MARIE
809 S Walnut St 1502 W Dunham 1526 W Dunham St
South Bend
IN 46619 South Bend IN 46619 South Bend IN 46619
1522 DUNHAM STREET LLC BAUTISTA ARMANDO JR&MARIA R AND S TIGER LLC
26801 Jackson Rd 1518 Dunham St 1431 Portage Ave
South Bend IN 46619 South Bend IN 46619 South Bend IN 46616
BRAVO NICOLAS SWINEHART WILLIAM &JANE MURILLO MA G
SWINEHART
1514 W Dunham P 0 Box 1234 1508 Dunham
South Bend IN 46619 Mishawaka IN 46546 South Bend IN 46619
LR COMFORT PROPERTIES LLC BURG ROBERT BURG ROBERT
56883 Oak Rd 1504 W Dunham 1502 W Dunham
South Bend IN 46619 South Bend IN 46628 South Bend IN 46628
LENTYCH THOMAS J AND MARLENE A AGUILAR OLIVA FKA CANALES OLIVIA DELGADO JOSE D AND VICTOR M
743 S Walnut 740 Harris 739 S Walnut St
South Bend IN 45619 South Bend IN 46619 South Bend IN 46619
SEVERSON GREGORY BLACK-JONES SONYA T KAMINSKI DUANE E
7301 Baymeadows
Way 3610 Generations Dr WBldg F 26336 WHIPPOORWILL DR
Jacksonville FL 32256 South
Bend IN 46535 South Bend IN 46619
KAMINSKI IRENE AND ERNEST. CUTTING WANDA L ROJAS TIBURCIO AND MORALES
CIRILA
26336 WHIPPOORWILL DR 324 W 13TH ST 1505 Dunham
South Bend IN 46619 Mishawaka IN 46544 South Bend IN 46619
HERNANDEZ CAROLINA
S AREVALO J GUADALUPE&ROSA LANDA ISIDRO JR
MARIA
1501-1503 Dunham
St 740 Walnut 9613 S Normandie Ave
South Bend IN 46619 South Bend IN 46619 Los Angeles CA 90044
GARCIA ALFREDO GARCIA JORGE LANDA ISIDRO JR
1524 Poland St 13666 SR23 9613 S Normandie Ave
South Bend IN 46619 Granger IN 46530 Los Angeles CA 90044
LANDA ISIDRO JR LANDA ISIDRO JR VANBROCKLIN DONALD L
9613 S Normandie
Ave 9613 S Normandie Ave 1516 W Poland St
Los Angeles CA 90044 Los Angeles CA 90044 South Bend IN 46619
MARTINEZYESENIA WAGNER DEANNA C AND HILL VANBROCKLIN RON E
ANGELA M
1546 Poland St 1508 Poland 1506 W Poland
South Bend IN 46619 South Bend IN 46619 South Bend IN 46619
FORD RICKY DALE&TON] MARIE
733 S Harris
South Bend
IN 46619
Filed in Clerk's Office
JUN 21 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEAD, IN
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Property Information 6#6 .649'
SublectProperty- 3-,{,
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Parcel ID 018-3085-3458 44236.2 18.84
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013 000 026 s g t i- s
oM-c r- n m n 018-3084,3366
Owner(s): BURG ROBERT s n m0 0 0
t--r•- 018-308 43367
A4ailmg Addre ss - •02'W lram South:e nd3 N 6628 "'' -r t e , -- '' Z W W ;y
Ass essed Usage.
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not autho r ized.
Date Printed:June 13,2017
11e Filed in Clerk's Office
JUN 21 2017
KAREEMAH FOWLER
CITY CLERK.,SOUTH REND,IN
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Bill No. 17-40
RESOLUTION NO. 17
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND SUPPORTING SOLARIZE SOUTH BEND AS A CLEAN ENERGY
INITIATIVE
the Common Council of the City of South Bend unanimously
approved a resolution "
In Support of a Reasonable Transition to Cleaner
Sources of
Energy for South Bend" on Sept. 12, 2016, calling for increased
renewable energy for local residents, businesses, and organizations, and
GA", solar energy systems installed by the end of 2017 will provide
the most financial value to South Bend residents due to recent state policy
changes, and
GA)", Solarize South Bend is a short-term, local, community-driven
initiative that brings together groups of potential solar energy customers
through widespread outreach and education, and
Solarizeinitiatives have been implemented in Indiana
communities of Bloomington and Columbus, as well as across the country,
and
6, Solarizeinitiatives in othercommunities have helped
strengthen the local solar energy industry and created jobs, and
6)6", Solarize initiatives simplify the complex process of going
solar, making it less risky, confusing, and expensive for both consumer and
installer, and
residents and businesses who sign up for solar installations
by a specific deadline will have access to negotiated group rates below market
prices, and
GW)", historically, Solarize initiatives lower the cost of solar energy
systems 10 to 15 percent, and
GW)", the City of South Bend is updating zoning, permitting, and
inspection policies and processes in preparation for increased solar energy
installation, and
Gh", the City of South Bend will soon be designated as a solar-
friendly "SolSmart" community for these efforts by the Department of
Energy, and
the Solarize initiative is led by a network ofvolunteer experts
and supported with staff and resources of the Michiana Area Council of
Governments (MACOG).
Section I. The Common Council of the City of South Bend supports and
endorses the Solarize South Bend initiative.
Section II. The Common Council encourages residents and businesses to
consider purchasing solar panels through Solarize South Bend.
Section III. The Common Council urges the administration of the City of
South Bend to assist with community outreach and education in support of Solarize
South Bend, and
Section IV. The Common Council requests MACOG track solar installations
installedduring the initiative and provide updates to the Council,
the City
administration, and the public on the results of the Solarize South Bend initiative.
Section V. This Resolution shall be in full force and effect from and after its
adoption by the Council and approval by the Mayor.
Tim Scott, 1St District Oliver J. Davis, 6th District
Regina Williams Preston, 2n d District John Voorde, At Large
Randy Kelly, 3r d District Gavin Ferlic, At Large
Jo M. Broden, 4th District Karen L. White, At Large
Dr. David Varner, 5t h District
Council Attorney
IN-W.
2017
Kareemah N. Fowler, City Clerk PeteButtigieg, Mayor
RESOLUTION NO. ________________
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, COMMITTING TO JOIN OTHER U.S. CITIES AND STATES
IN EMBRACING PRINCIPLES LAID OUT IN PARIS CLIMATE AGREEMENT
WHEREAS the Paris Climate Agreement was ratified in 2016 and brings all nations into a
common cause to undertake ambitious efforts to combat climate change and adapt to its
effects, with enhanced support to assist developing countries. As such, it charts a new course
in the global climate effort; and
WHEREAS on June 1, 2017, President Donald Trump indicated the United States would
withdraw from the Paris Agreement; and
WHEREAS for the Paris Climate Agreement to succeed, cities around the world must take
action for they will account for one third of all global carbon emission reductions; and
WHEREAS South Bend has already been directly affected by climate change, and
withdrawing from the Paris Agreement would hurt our community and our economy; and
WHEREAS the city of South Bend has already pursued sustainable practices such as
investment in energy efficient buildings, renewable energy, LED lighting, alternative fuels
for our vehicle fleet, and keeping yard waste out of landfills; and
WHEREAS on June 2, 2017, Mayor Pete Buttigieg signed the Mayors National Climate
Action Agenda, committing to his collaborative effort with other U.S. mayors to strengthen
local efforts for reducing greenhouse gas emissions and to support efforts for binding federal
and global policy; and
WHEREAS we join the Mayor in urging our leaders in Washington to outline a path to
stable climate change, while committing to make the city of South Bend a leader this issue.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. We in South Bend will join with other cities and states across the United States
to embrace the principles laid out in the Paris Agreement and strengthen local efforts for
reducing greenhouse gas emissions.
SECTION II. That this resolution shall be in full force and effect from and after its adoption
by the Common Council.
________________________________ _____________________________________
Tim Scott, 1st
District Oliver J. Davis, 6th
District
________________________________ _____________________________________
Regina Williams Preston, 2nd
District John Voorde, At Large
________________________________ _____________________________________
Randy Kelly, 3rd
District Gavin Ferlic, At Large
________________________________ _____________________________________
Jo M. Broden, 4th
District Karen L. White, At Large
________________________________ _____________________________________
Dr. David Varner, 5th
District Council Attorney
Attest: Approved this 24th
day of July, 2017
________________________________ _____________________________________
Kareemah N. Fowler, City Clerk Pete Buttigieg, Mayor of South Bend
July 17, 2017
Filed in Clerk's Office
Office of the City Clerk
Kareemah Fowler, City Clerk JUL 18 2017
455 County-City Building
227 W. Jefferson Blvd. KAREEMAH FOWLER
South Bend, IN 46601 CITY CLERK,SOUTH RE14D,IN
To whom it may concern:
Attached are the documents required for the public right-of-way vacation of the alley extending from
the 1100 block of W.Jefferson Blvd. north towards Washington St. and south towards Thomas St. You
will find the following items to support our request:
1. Petition to Vacate
2. Ordinance
3.
Envelopes addressed and stamped with certified mail for all property owners within one
hundred fifty feet(150') of the right-of-way to be vacated
4.
Filing fee of$150 (check).
5. A copy of the radius map.
Please consider this letter the final requirement of"a letter briefly explaining why you are submitting a
petition to vacate."
We have lived at 1102 W.Jefferson since 2001, and have acquired the properties located at 1042 W.
Jefferson and 1035 W.Jefferson over the past several years. 1035 W.Jefferson is being maintained as a
pocket park" for the neighborhood, and we are in the process of major renovations to our home, which
will eventually be moved to 1042 W.Jefferson. Vacation of the alleys will enhance pedestrian safety
especially considering neighborhood children often play in the park at 1035 W.Jefferson) and reduce
the possibility of
dumping in the alleys (which is often an issue). Further, we plan to parcel 1042 and
1102 together for simplification of the renovation process. We plan to restrict automobile traffic
through both alleys, although proper access will be provided for utility vehicles as needed. We
appreciate the Board of Public Works' assistance with this process and look forward to a smooth
hearing.
Sincerely,
q
I
Karl and Margaret Edmonson
r
1316 COUNTY-CITY BUILDING v
y PHONE 574/235-9251
227 W.JEFFERSON BOULEVARDFAX 574/235-9171
SOUTH BEND.INDIANA 46601-1830
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
Filed in Clerk's Office
BOARD OF PUBLIC WORKS
JUL 207
June 13,2017
KRlaEE-h4AH FOWLER
Karl and Megyn Edmondson
CITY C1_ERK,SO[JTH ESE:)D,IN
1042 W.Jefferson Blvd.
South Bend,IN 46601
RE: Alley Vacation —
North/South Alley West of Laurel Street running South from Jefferson
Blvd. to 1't East/West Alley, and North from Jefferson Blvd. to I" East/West Alley
Preliminary Review)
Dear Mr.and Mrs.Edmondson:
The Board of Public Works, at its June 13, 2017, meeting, reviewed comments by the Engineering
Division, Area Plan Commission, Community Investment, Fire Department, Police Department, and
the Solid Waste Division. The following comments and recommendations were submitted:
Area Plan stated,per IC 36-7-3-13, the vacation would not hinder the growth or orderly development
of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not
make access to the lands ofthe aggrieved person by means ofpublic way difficult or inconvenient. The
vacation would not hinder the public's access to a church,school or other public building or place. The
vacation would not hinder the use of a public right ofway by the neighborhood in which it is located or
to which it is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this
alley.
Please contact Donna Hanson at(574)235-9254 prior to nicking up your radius map. You will
need a radius map showing properties within 150' of the proposed vacation for your petition to the
Common Council. Once you pick up the radius map,proceed to the City Clerk's office for your alley
vac ation packet.
Sincerely,
Linda 141. Martin,Clerk
c: Federico Rodriguez,Fire Department
Donna Hanson, Engineering
Alkeyna Aldridge,City Clerk's Office
GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU
Filed in Clerk's Office
pUTHB,,
JUL 18 2017
e r uc s jt
KAREEMAi-i FOWLER
1 CITY CLERK;SOUTH BEND, IN
SOUTH BEND COMMON COUNCIL
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
STREETS/ALLEY)
DATE:7/17/17
To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s),
petition you to vacate:
1. THE ALLEY DESCRIBED AS:
The first N/S alley W 585'of E. RoW of Laurel St. running N -157' from
W. Jefferson north RoW andrunning S- 159'from W. Jefferson south RoW.
2. THE STREET DESCRIBED AS:
N/A
Abutting Property Owner(s)Signatures:
Name(print): e
Address Lot Number
Randy Beckman 1'tQSW. Jefferson Blvd. 018-3070-2728
L(Centennial Properties, LL )
2.
3.
All other abutting properties owned by petitioner.
455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601
Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•%rww.SouthBend[N.gov
JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH R.MOLNAR
CHIEF DEPUTY/CHIEF OF
STAFF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
ORDINANCE NO. ____________
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET RUNNING SOUTH FROM JEFFERSON
BLVD. TO FIRST EAST/WEST ALLEY, AND NORTH FROM JEFFERSON BLVD. TO FIRST EAST/WEST
ALLEY
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with
the authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
The first N/S alley W 585' of E. RoW of Laurel St. running
N-157' from W. Jefferson north RoW and running S-159'
from W. Jefferson south RoW
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of
all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any
facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer,
surface water control structures and ditches, within the vacated right-of-way, unless such
rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected by
such vacating:
018-3070-2728 (1105 W. Jefferson)-Centennial Properties, Inc.
All other abutting properties owned by petitioner
Section IV. The purpose of the vacation of the real property is to enhance pedestrian
safety, prohibit dumping , enable parceling of 1042 and 1102 W. Jefferson.
SECTION V. This ordinance shall be in full force and effect from and after its
Passage by the Common Council and approval by the Mayor.
___________________________________
Tim Scott, Council President
South Bend Common Council
Attest:
__________________________________
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on
the ____day of __________________, 2016 at ____ o’clock ____. M
__________________________________
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by on the ____ day of _________________, 2016 at ____
o’clock ____. M
__________________________________
Peter Buttigieg, Mayor
City of South Bend, Indiana
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City of
South Bend Alley Vacation 150' Radius MapDept. of Public Works
227 W Jefferson Blvd. #1316 Karl and Megyn Edmonson
South Bend, IN 46601
The alleys to be vacated are the first N/S alley W
Phone: (574) 235-9251 585' of E. RoW of Laurel St. running N -157' from
150' Buffer W. Jefferson north RoW andrunning S - 159'
Address List attached from W. Jefferson south RoW.
Date Prepared: 7/14/2017
Page 1
BILL NO._______________
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 OF THE SOUTH
BEND MUNICIPAL CODE TO ADD DEALING IN A SYNTHETIC DRUG
LOOKALIKE SUBSTANCE TO THE LIST OF PROHIBITED ACTIVITIES
CONSTITUTING A DISORDERLY HOUSE
STATEMENT OF PURPOSE AND INTENT
The recent proliferation within the South Bend community of products and synthetic look
alike substances, specifically those used as alternatives to marijuana has resulted in death and
severe injury to young persons, particularly males. The cannabis synthetic drug lookalike
products, known generally as cannabinoids, or as “cannabimimetic agents” under the federal
Synthetic Drug Abuse Prevention Act 21 U.S.C. 812(d) (1), “are deceptively dangerous, and their
effects far more devastating than natural, plant forms of cannabis. Known short term effects
include mental alteration including hallucinations, agitation, psychosis, aggression, suicidal,
homicidal ideation, as well as physical effects such as acute kidney injury. The long term effects
of these substances are yet unknown.
In 2014 the State of Indiana created a new category of “synthetic drug lookalike
substances” to distinguish them from “synthetic drugs,” the possession, possession with intent to
deliver or with intent to finance the delivery of, the manufacture, delivery, or finance with intent
to deliver are all illegal under Ind. Code §35-48-4-11.5 and under IC 35-48-4-10.5. Cannabinoids
would be included under this broader category of synthetic drug look alike substances. Definition
at IC 35-31.5-2-321.5.
Protection of the community and youth of the City of South Bend from the harsh,
devastating effects of these substances should be undertaken to the highest extent reasonably
possible under law. This ordinance is intended to address the dangers to the community posed by
cannabinoids and similar synthetic drug lookalike substances through civil penalty and
enforcement under the City’s existing Disorderly House ordinance.
This ordinance effectuates the desired specific inclusion of a “synthetic drug lookalike
substance” within the definition of violations constituting disorderly houses, and is in the best
interests of the City of South Bend.
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA as follows:
SECTION I. Chapter 13, Article 5, Section 13-75.5 (o) (6) of the South Bend Municipal
Code shall be amended to read as follows:
South Bend Municipal Code
Sec. 13-75.5. - Disorderly houses; prohibited.
(a) Definitions.
(1) For purposes of this section, disorderly house means a building, dwelling, establishment,
premises or place where prohibited conduct occurs and it includes the outside area
contiguous to and surrounding the structure such as a yard or lot under the same
ownership. If the building, dwelling, establishment, premises or place is a multiple-unit
dwelling or residence, hotel or motel, or commercial or office building, this definition
applies only to that dwelling unit, room or suite of rooms in the hotel or motel, office
rooms or suite, store, lot or yard in or on which prohibited conduct occurs.
(2) For purposes of this section, owner means:
(a) The recorded owner of the property, as determined by the records of the St. Joseph
County Assessor's Office;
(b) Any party with an equitable interest in the property, provided that such equitable
interest is recorded; and
(c) The trustee of a land trust, if the land trust holds title to such property.
(3) For purposes of this section, occupant means any person over sixteen (16) years of age
whose domicile is the property upon which the prohibited conduct has been found to have
occurred.
(4) For purposes of this section, vacant means a building which is lacking the habitual
presence of human beings who have a legal right to be on the premises, or at which
substantially all lawful business operations or residential occupancy has ceased.
(5) For purposes of this section, prohibited conduct means activities occurring in violation
of the statutes or ordinances relating to any of the following:
a. Gambling, as defined in IC 35-45-5-1;
b. Battery, as defined in IC 35-42-2-1;
c. Contributing to the delinquency of a minor, as defined in IC 35-46-1-8;
d. Resisting law enforcement, as defined in IC 35-44-3-3;
e. Disorderly conduct, as defined in IC 35-45-1-3;
f. Criminal recklessness, as defined in IC 35-42-2-2;
g. Discharge of firearms, as prohibited by Section 13-58 of the South Bend Municipal
Code;
Page 3
h. Loud and raucous noise, as prohibited by Section 13-57 of the South Bend Municipal
Code;
i. Failure to keep vacant property secured against entry, in violation of Sections 6-37
or 9-2 of the South Bend Municipal Code, or IC 36-7-9 (Unsafe Building Law) or
any other fire or property maintenance codes constitutes prohibited conduct
regardless of whether the City has issued a citation for the violation, issued an order
to secure, or taken action to abate the condition.
j. Failure to comply with Section 16-53, (Conditions Constituting Public Nuisances),
Section 16-58, (Duties of Owners or Persons in Control of Vacant Lots), or Section
16-59, (Removal of Vegetation) of the South Bend Municipal Code constitutes
prohibited conduct whenever the City has verified with the Department of Code
Enforcement that such violation has occurred at the property three (3) or more times
within a calendar year. Such violation constitutes prohibited conduct regardless of
whether the City has taken action to abate the condition or conduct and regardless of
whether the City has issued a citation for the violation.
k. Violations of any of the following Indiana statutes governing the sale, possession,
delivery or receipt of alcoholic beverages:
1. Sales, delivery or possession in violation of IC 7.1-5-1-1;
2. Illegal possession by a minor in violation of IC 7.1-5-7-7;
3. Furnishing alcohol to a minor in violation of IC 7.1-5-7-8;
4. Inducing a minor to possess alcohol in violation of IC 7.1-5-7-15;
5. Sale or delivery of alcoholic beverages to intoxicated persons in violation of IC
7.1-5-10-15;
6. Receipt of alcoholic beverages from a person who does not hold a permit in
violation of IC 7.1-5-10-5;
7. Purchase of alcoholic beverages from a person who does not hold a permit in
violation of IC 7.1-5-10-7; or
8. Visiting or maintaining a common nuisance in violation of IC 7.1-5-10-21.
l. Violations of any of the following Indiana statutes governing:
1. Prostitution in violation of IC 35-45-4-2;
2. Patronizing a prostitute in violation of IC 35-45-4-3; or
3. Promoting prostitution in violation of IC 35-45-6-1.
m. Violations of any of the Racketeering activity in violations of IC 35-45-6-1.
n. Violations of any of the following Indiana statutes governing:
1. Criminal gang activity in violation of IC 35-45-9-3;
2. Criminal gang intimidation in violation of IC 35-45-9-4; or
3. Criminal gang recruitment in violation of IC 35-45-9-5.
Page 4
o. Violations of any of the following Indiana statutes governing:
1. Dealing in cocaine or a narcotic drug in violation of IC 35-48-4-1:
2. Dealing in methamphetamine in violation of IC 35-48-4-1.1;
3. Dealing in a schedule I, II or III controlled substance in violation of IC 35-48-4-
2;
4. Dealing in a schedule IV controlled substance in violation of IC 35-48-4-3;
5. Dealing in a schedule V controlled substance in violation of IC 35-48-4-4-4; or
6. Dealing in marijuana, hash oil, hashish, salvia, or a synthetic drug, or a synthetic
drug lookalike substance such as cannabinoid in violation of IC 35-48-4-10 and
IC 35-48-4- 10.5, and as defined at IC 35-48-4-11.5 and IC 35-31.5-2-321.5. A
cannabidiol or a substance containing cannabidiol used to treat epilepsy under
IC 16-18-2-45.5 is excluded from this subpart.
7. Use or possession of any of the substances described in subsections o.1. through
and including 6., above, or the sale, use or possession of any other illicit
narcotics or dangerous controlled substances.
(b) Public nuisance. Whenever prohibited conduct as defined in subsection (a) of this section
occurs in or upon a building, dwelling, establishment, premises or place, the City deems the
building, dwelling, establishment, premises or place to be a disorderly house and a public
nuisance.
(c) Notice to abate. Whenever the South Bend Police Department or the Department of Code
Enforcement has probable cause to believe that prohibited conduct has occurred in or upon a
building, dwelling, establishment, premises or place, the City shall notify the owner of the
property, and the occupants of the property that the building, dwelling, establishment,
premises or place is a disorderly house and as such constitutes a public nuisance and that they
must abate the public nuisance.
(d) Manner of serving notice. The City shall be provide notice to the owner of the property and
the occupants of the property in the manner provided by IC 36-7-9-25. The City deems the
owner of the property and the occupants of the property responsible for any and all prohibited
conduct occurring upon the premises after receipt of the notice.
(e) Penalty and injunctive relief. Whenever prohibited conduct occurs upon a property after the
City has provided notice to abate the public nuisance, the City may file an action in any court
of general jurisdiction against the owner and/or occupants to enjoin the nuisance and to
recover a fine of not less than two hundred fifty dollars ($250.00) and not more than two
thousand five hundred dollars ($2,500.00) with each day of violation constituting a separate
offense. In determining the amount of the fine to be imposed, the court may consider the
attempts of the property owners or occupants to address the public nuisance.
(f) Eviction proceedings as a defense. No owner shall be liable for a violation of this section if
such owner initiates an eviction proceeding within thirty (30) days of receipt of notice of the
prohibited conduct set forth in this section, and diligently pursues eviction proceedings to
completion.
Page 5
SECTION II. This Ordinance shall take effect upon passage by this Common Council,
approval by the Mayor, and any publication required by law.
PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana
this __________ day of ____________________, 2017.
__________________________________________
Member, Common Council of the
City of South Bend
ATTEST:
__________________________________
Kareemah Fowler, Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for
his approval on the ______ day of ______________, 2017, at ______ o’clock ____.m.
__________________________________________
Kareemah Fowler, Clerk
Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend,
approve said Ordinance and return the same to the Clerk of the City of South Bend this _______
day of _______________, 2017.
__________________________________________
Pete Buttigieg, Mayor