HomeMy WebLinkAboutFinal Agenda Packet 12-11-17
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SOUTH BEND COMMON COUNCIL
MEETING AGENDA
Monday, December 11, 2017
7:00 P.M.
1. INVOCATION- DEACON MELVIN TARDY- SAINT AUGUSTINE PARISH
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
17-81 A RESOLUTION AWARDED BY SOUTH BEND COUNCIL MEMBER AT
LARGE MEMBER KAREN WHITE HONORING WILLIAM TYREL NICKS,
FONDLY KNOWN AS BILLY “STIX” NICKS, FOR HIS CONTRIBUTION
TO THE ARTS IN THE SOUTH BEND AND MICHIANA AREA.
17-82 A RESOLUTION OF KAREN L. WHITE COUNCILMEMBER AT LARGE
OF THE SOUTH BEND COMMON COUNCIL PUBLICLY RECOGNIZING
AND COMMENDING BERNICE BAUL-FREEMAN FOR HER
LONGSTANDING, PASSIONATE COMMITMENT TO RACIAL AND
SOCIAL JUSTICE IN THE CITY OF SOUTH BEND.
SAINT JOSEPH COUNTY WASTE MANAGEMENT DISTRICT UPDATE- RANDY
PRZYBYSZ (15 MINUTES)
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME: ______
BILL NO.
67-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING
WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND
AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN
GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC
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DISTRICT NO. 1, FOR 24605 CLEVELAND ROAD, SOUTH BEND,
INDIANA
81-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR
VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 2017
82-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2017 OF $49,745 FROM CONSOLIDATED BUILDING
FUND—CODE ENFORCEMENT (#600), $1,500 FROM WATER WORKS
DEPOSIT FUND (#624), $1,000 FROM WATER WORKS SINKING FUND
(#625), $4,500 FROM WATER WORKS DEBT RESERVE O&M (#629),
$30,000 FROM SEWAGE WORKS O&M RESERVE (#643), AND $148,300
FROM CENTURY CENTER (# 670).
83-17 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 $125,000 FROM DCI GRANT
FUND (#212), $100,000 FROM STATE SEIZED DRUG MONEY (#216),
$250,000 FROM LIABILITY INSURANCE FUND (#226), $49,000 FROM
COVELESKI STADIUM (#401), $955,670 FROM VEHICLE-EQUIPMENT
LEASING (#750), $22,500,000 FROM EDDY ST COMMONS CAPITAL
(#759), AND $2,500,000 FROM EDDY ST COMMONS DEBT SERVICE
FUND (#760).
84-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 14, SECTION 2-170 OF THE SOUTH BEND MUNICIPAL CODE
TO ESTABLISH VARIOUS NEW FUNDS: MORRIS PERFORMING ARTS
CENTER SELF-PROMOTED EVENTS FUND (274), PARENTAL LEAVE
FUND (714) AND 2017 PARKS BOND FUND (471).
8. BILLS ON THIRD READING TIME:______
BILL NO.
81-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR
VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 2017.
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82-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND ENTERPRISE
OPERATIONS IN 2017 OF $49,745 FROM CONSOLIDATED BUILDING
FUND—CODE ENFORCEMENT (#600), $1,500 FROM WATER WORKS
DEPOSIT FUND (#624), $1,000 FROM WATER WORKS SINKING FUND
(#625), $4,500 FROM WATER WORKS DEBT RESERVE O&M (#629),
$30,000 FROM SEWAGE WORKS O&M RESERVE (#643), AND $148,300
FROM CENTURY CENTER (# 670).
83-17 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 $125,000 FROM DCI GRANT
FUND (#212), $100,000 FROM STATE SEIZED DRUG MONEY (#216),
$250,000 FROM LIABILITY INSURANCE FUND (#226), $49,000 FROM
COVELESKI STADIUM (#401), $955,670 FROM VEHICLE-EQUIPMENT
LEASING (#750), $22,500,000 FROM EDDY ST COMMONS CAPITAL
(#759), AND $2,500,000 FROM EDDY ST COMMONS DEBT SERVICE
FUND (#760).
84-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 14, SECTION 2-170 OF THE SOUTH BEND MUNICIPAL CODE
TO ESTABLISH VARIOUS NEW FUNDS: MORRIS PERFORMING ARTS
CENTER SELF-PROMOTED EVENTS FUND (274), PARENTAL LEAVE
FUND (714) AND 2017 PARKS BOND FUND (471).
9. RESOLUTIONS
BILL NO.
17-74 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 926 ERSKINE
PLAZA, SOUTH BEND, IN 46614.
17-76 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS JEFFERSON BLVD
AND MAIN STREET, SOUTH BEND, IN 46601 AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR REAL
PROPERTY TAX ABATEMENT FOR RIVER PARK LEASING
CORPORTATION.
17-78 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
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BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN TOWNSHIP (BANEY ANNEXATION
AREA).
17-79 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA APPROVING AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND ST. JOSEPH
COUNTY, INDIANA FOR THE PROVISION OF AMBULANCE SERVICES
IN ST. JOSEPH COUNTY.
17-80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND INDIANA TO APPOINT THE BOARD OF PUBLIC WORKS AND THE
DEPARTMENT OF PUBLIC WORKS AS ITS AGENTS FOR OVERSEEING
THE GUARANTEED ENERGY SAVINGS CONTRACT FOR VENUES
PARKS AND ARTS
10. BILLS ON FIRST READING
BILL NO.
85-17 FIRST READING ON AN ORDINANCE INITIATED BY THE AREA PLAN
COMMISSION OF ST JOSEPH COUNTY, AMENDING CHAPTER 21 OF
THE SOUTH BEND MUNICIPAL CODE, ARTICLE 9 ADMINISTRATION
TO UPDATE PROCEDURES FOR ZONE MAP AMENDMENT, VARIANCES,
SPECIAL EXCEPTION USES, AND WRITTEN COMMITMENTS
ASSOCIATED WITH AREA BOARD OF ZONING APPEALS
APPLICATIONS; ARTICLE 11 DEFINITIONS TO FURTHER DEFINE THE
ZONING ADMINISTRATOR AS THE EXECUTIVE DIRECTOR OF THE
AREA PLAN COMMISSION; AND ARTICLE 12 FLOODPLAIN
REGULATIONS TO DESIGNATE THE BUILDING COMMISSIONER AS
THE FLOODPLAIN ADMINISTRATOR.
86-17 FIRST READING ON AN ORDINANCE INITIATED BY THE AREA PLAN
COMMISSION OF ST. JOSEPH COUNTY AMENDING CHAPTER 21 OF
THE SOUTH BEND MUNICIPAL CODE, ARTICLE 10 ENFORCEMENT BY
ADDING THE AREA PLAN COMMISSION TO THE DESIGNATED
ENFORCEMENT STAFF.
87-17 FIRST 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 13
HISTORIC PRESERVATION COMMISSION IN CONNECTION WITH THE
TRANSITION OF HISTORIC PRESERVATION STAFF TO THE CITY OF
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SOUTH BEND UNDER AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF SOUTH BEND AND ST. JOSEPH COUNTY.
88-17 AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST.
JOSEPH COUNTY AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICPAL CODE, ARTICLE 10 ENFORCEMENT BY ADDING THE AREA
PLAN COMMISSION TO THE DESIGNATED ENFORCEMENT STAFF.
89-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND
MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS
TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS.
11. UNFINISHED BUSINESS
BILL NO.
17-75 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND APPROVING A PETITION OF THE AREA BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 806 HOWARD STREET,
PORTAGE TOWNSHIP, SOUTH BEND, INDIANA 46617.
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 f ormat 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,
t he 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.
__________________________________________________________________________________________________________________
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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
BIANCA L. TIRADO
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: DECEMBER 7, 2017
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for MONDAY,
DECEMBER 11, 2017:
Council Informal Meeting Room
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
3:10 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1. Light Up South Bend Update Briefing- Bowman Creek
2. Bill No. 81-17- December 2017 Transfer Ordinance
3. Bill No. 82-17- December 2017 Appropriation Ordinance- Enterprise Funds
4. Bill No. 83-17- December 2017 Appropriation Ordinance- Civil City Funds
5. Bill No. 84-17- Establishing New Funds for the City of South Bend
3:25 P.M. ZONING & ANNEXATION OLIVER DAVIS, CHAIRPERSON
1. Bill No. 17-74- Special Exception for property at 926 Erskine Plaza
2. Bill No. 17-78- Fiscal Plan for Baney Annexation Area
3. Bill No. 67-17- Rezoning for 24605 Cleveland Road/ Baney Annexation Area
4. Proposed Text Amendments Update Briefing- Mike Divita
3:50 P.M. COMMUNITY INVESTMENT GAVIN FERLIC, CHAIRPERSON
1. Overview of Tax Abatement Process- James Mueller & Staff
2. Administration Incentives Philosophy-James Mueller & Staff
3. Update- Text Amendment and Changes to the Ordinance to the HPC and Interlocal
Agreement- James Mueller & Staff
4:15 P.M. PARC RANDY KELLY, CHAIRPERSON
1. Bill No. 17-80- Energy Savings Contract for Venues Parks and Arts
4:30 P.M. HEALTH & PUBLIC SAFETY JO BRODEN, CHAIRPERSON
1. Bill No. 17-79-Interlocal Agreement Provision of Ambulance Services
Council President Tim Scott has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Health & Public Safety Committee.
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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
SPECIAL PROCLAMATION NO. 15-2017
A SPECIAL PROCLAMATION AWARDED BY SOUTH BEND COUNCIL MEMBER
AT LARGE MEMBER KAREN WHITE HONORING WILLIAM TYREL NICKS,
FONDLY KNOWN AS BILLY “STIX” NICKS, FOR HIS CONTRIBUTION TO THE
ARTS IN THE SOUTH BEND AND MICHIANA AREA
Whereas, Billy “Stix” Nicks was born on December 8, 1934, the second of seven children
born to Wyze and Alma Nicks, in Greenwood, Mississippi, where his parents were sharecroppers
on a large cotton plantation; and
Whereas, Billy’s parents chose to move to South Bend, Indiana, where his father had
relatives, in the autumn of 1944 in an attempt to escape the racial prejudices of the Deep South
and in search of fairness and equality and a better life for his young family; and
Whereas, Billy attended South Bend Central High School and his friend, Jackie Ivory,
gave him his nickname, “Stix,” because Billy had developed the habit of carrying a set of
drumsticks with him at all times and drummed on whatever was within his reach at the time. It
soon became obvious that he had a God-given talent for the drums and he purchased his first set
of drums from a local pawn shop with money he’d earned working for a typewriter company;
and
Whereas, Billy, being self-taught and after much practice, started his first band, “The Blue
Notes,” while still in high school, and they played at weekly “sock hop” dances and local parties
from 1953 to 1955, when the band was also known as “The Whopping Bopping Show Stoppers;”
and
Whereas, when Billy graduated from high school in 1954, he became involved in another
band called “They Rhythm Rockers,” which included another famous South Bend musician,
Junior Walker, on saxophone and Fred Patton on piano and vocals, with Billy also contributing
on vocals, in addition to acting as the band’s leader and, of course, drummer; and
Whereas, Billy “Stix” Nicks’ reputation as a drummer grew and he played with many
other young, up-and-coming artists at various local venues, including the Morris Park Country
Club, where he was approached by the mother of a young fan who admired Billy’s unique sills
and asked if he would consider teaching her son. This led to young Billy’s first foray into a
lifetime career of teaching drumming; and
Whereas, in 1956, Billy and The Rhythm Rockers were hired to perform at the grand
opening of a teen dance party at Club 46 for WNDU-TV, which became a standing gig after they
signed a contract to play for the weekly Saturday afternoon dance party television show for
WNDU; and
Whereas, Billy was drafted into the U. S. Army in 1957 and, while taking a forced break
from his own band, he played in the Army band as a percussionist and his tour of duty led him to
Germany. When he was honorably discharged in 1959, he returned to South Bend and began
playing with a long-time friend, Oscar Baby Jones, in several engagements as the “Oscar Baby
Jones Jazz Quartet;” and
Whereas, in 1962, Billy joined forces with his old friend, Jackie Ivory, and “The Gents of
Soul” and they recorded an LP in Chicago that was released on Atco/Atlantic records. Billy
credited this event, and the tour of the southern states that followed, as the turning point in his
career; and
Whereas, in 1963, Billy married Pattie Tate and they were married for nearly fifty-four
years. Pattie survives, along with four children and nine grandchildren; and
Whereas, Billy also played and recorded with the Motown/Soul record label with his
former bandmate “Junior Walker and The All-Stars” in 1962 and in 1966 they opened at the
famed Apollo Theatre in New York City. They played many other venues, including Harvard
University, the Regal Theatre in Chicago, the Uptown Theater in Philadelphia, Constitution Hall
in Washington, D.C. and with many famous artists, including Wilson Pickett, Sam & Dave, The
Staple Singers, Louis Armstrong, Sammy Davis, Jr., The Fifth Dimension, Marvin Gaye, Pattie
LaBelle, Gladys Knight and the Pips, The Four Tops, The Isley Brothers, Dionne Warwick, and
a host of others too numerous to mention; and
Whereas, in 1967, Billy organized and performed with his own trio, “The Billy Nicks Jazz
Trio,” when he was not traveling with Junior Walker, and they played many reputable venues.
Also in 1967, Billy signed a contract with the University of Notre Dame and became a disc
jockey on his own show, “The Bill Nicks Radio Hour,” at WNDU studios, which was a colossal
success; and
Whereas, Billy continued to play in the late 1960s through the mid-1970s with many
famous artists, including Mary Wells, jazz legend Sonny Stitt, and blues legend Pinetop Perkins,
all while still playing in his own jazz trio and with Junior Walker and The All-Stars; and
Whereas, Billy also branched off into promotions of other artists and in music publication
while still continuing to teach at his own private studio, Nicks Music Studio, where he acted as
the percussion and studio director, and for affiliated groups, in addition to his teaching of
percussion at the University of Notre Dame; and
Whereas, one has only to look at the guestbook feature on Billy Nicks’ website to see how
universally he was loved and valued as a man and a musician to know what an impact he has
made on thousands upon thousands of people whose lives he has touched throughout all his years
prior to his passing. In a recent South Bend Tribune “Viewpoint” article by Jeff Harrell, with
whom Billy played in their “Billy ‘Stix’ Nicks & The Motown Machine” show, he called Billy
“just a beautiful spirit.” This is an understatement and doesn’t even begin to describe such a
talented and honorable man, but it’s a good start; and
Whereas, the name “Billy ‘Stix’ Nicks” will forever be preceded by the word
“Legendary”; and
Whereas, Billy’s life and his extensive experience in the local music culture and his many
contributions to the arts through his lifelong work and love of music and as a role model for
other young drummers who aspire to greatness led to his 2017 induction into the South Bend
Hall of Fame.
Now, Therefore, be it publicly and proudly Proclaimed as follows:
Section I. On behalf of the citizens of South Bend, Indiana and the South Bend
Common Council, we proudly and publicly recognize and thank Billy “Stix” Nicks for his
numerous contributions to the arts in our community and the entire music world in general.
Section II. We also look forward to Billy’s legacy as being a positive role model and
inspiration to all aspiring musicians, young and old, in our community.
Section III. We wish Billy “Stix” Nicks and his family all the blessings of God to one
of the most “beautiful spirits” this world has even known. Rest in peace, Billy. You are always
in our hearts.
Signed and Approved this ___ day of November 2017, in the City of South
Bend, County of St. Joseph, in the State of Indiana.
_______________________________________
Karen White, Council Member At Large
_______________________________________
_______________________________________
Council Proclamation No. 16-2017
A PROCLAMATION OF KAREN L. WHITE COUNCILMEMBER AT
LARGE OF THE SOUTH BEND COMMON COUNCIL PUBLICLY
RECOGNIZING AND COMMENDING BERNICE BAUL-FREEMAN FOR
HER LONGSTANDING, PASSIONATE COMMITMENT TO RACIAL
AND SOCIAL JUSTICE IN THE CITY OF SOUTH BEND
Whereas, as an At Large Common Council Member of the City of South Bend, Indiana, I
am humbled to honor and publicly recognize the many contributions and the public service that
Bernice Baul-Freeman has rendered to the City of South Bend and its residents; and
Whereas, Mrs. Baul-Freeman worked for the Opportunities Industrial Center (OIC) of
America founded by Dr. Leon Sullivan in 1984 for over fifteen (15) years, where she helped
participants gain basic educational skills and helped hundreds receive their GED; and
Whereas, Mrs. Baul-Freeman has continued to serve as a Life Skills Coach to numerous at-
risk youth and currently serves young adult women through the Porch Light Program operated by
the Youth Service Bureau of St. Joseph County; and
Whereas, having been breast cancer free for twenty-three (23) years, Mrs. Baul-Freeman
founded the Reaching Out Breast Cancer Awareness Center providing door-to-door educational
services to raise breast cancer awareness and promote early detection; and
Whereas, Mrs. Baul-Freeman has voluntarily served numerous local agencies in various
capacities as a constant voice for disenfranchised members of the South Bend community, including:
the Minority Health Coalition, the Chronic Disease Prevention Task Force, the Michiana Cancer
Survivors Society, Women In Touch, Michiana Cancer Task Force, Bridges Out of Poverty, United
Community Against Drug & Alcohol Abuse, St. Joseph County Drug Coalition Board, South Bend
Human Rights Commission, the Women’s Concerns Committee, and Toys for Tots as a key
organizer for over thirty (30) years, and is responsible for the street renaming of Dr. Martin Luther
King, Dr.; and
Whereas, Mrs. Baul-Freeman has been honored with the Drum Major Award by the Martin
Luther King Jr. Foundation and more recently as a City of South Bend Black History Month
Honoree.
Now, Therefore, be it Proclaimed by Karen L. White Councilmember At Large
of the South Bend Common Council as follows:
Section I. It is my distinct honor to publicly commend and honor the service of Mrs.
Bernice Baul-Freeman for her countless contributions made to our community and her passionate
commitment to racial and social justice.
Section II. On behalf of the City of South Bend, Indiana, I am most humbled to thank
Mrs. Baul-Freeman for her longstanding service and commitment to our city and wish her many
more years of good works in relation to racial and social justice.
Signed this ____ day of December 2017, in the City of South Bend, the
County of St. Joseph, the State of Indiana.
_________________________________________
Karen L. White, At Large Council Member
South Bend Common Council
South Bend, Indiana
LAWRENCE P. MAGLIOZZI
E X E CU TIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH C(DUNTY, IN
2 27 W. JLFFL RSO N BLVD., R OOM 11+0 COUNTY-C11) BUI LD I NG, SO UTH BEND, IAU TASA 46601 (3 74) 23S-9571
October 3, 2017
South Bend Common Council Filed in Clerk's Office
4a'Floor, County-City Building
SouthBend, IN 46601 OCT 04 2017OCT FCWLER
RE: Rezoning for24605 Cleveland Road, South Bend, IN CITY CLERK,SOUTH BE;Ip IN
APC#2845-17
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 October 9th,
2017 Council meeting,and set it for public hearing at your November 27th,2017.Council meeting.
The petition is tentatively scheduled for public hearing at the November 21st, 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,
David M Stanton, Jr.
Planner
CC: Bob Palmer
S ERV ING ST. JOS EP H COU NTY, SO UTH BEND, LAKEVILLE, NEW CARLISLE, NO RT H LIBERTY, OSCEO LA & ROSELAND
W W W.S TJ 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
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH
BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN GERMAN TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT NO. 1 ,
FOR 24605 CLEVELAND ROAD, SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
PETITIONER SEEKING TO ANNEX AND REZONE PROPERTY FROM A:
AGRICULTURAL DISTRICT IN UNICORPORATED ST. JOSEPH COUNTY TO LI
LIGHT INDUSTRIAL DISTRICT WITHIN THE CITY OF SOUTH BEND FOR
MANUFACTURING AND ASSEMBLY USES.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION 1 . That the following described real estate situated in St. Joseph County,
Indiana, being contiguous
by more than one-eighth (
1/8) of its aggregate external
boundaries with the present boundaries of the City of South Bend. Indiana. shall be and
hereby is annexed to and brought within the City of South Bend:
THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION NINETEEN (19). TOWNSHIP THIRTY-EIGHT
38) NORTH, RANGE TWO (2) EAST, CONTAINING TEN (10) ACRES.. MORE OR LESS,
EXCEPTING THEREFROM THE SOUTH 40.00 FEET MEASURED AT RIGHT ANGLES,
OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH. RANGE 2 EAST,
GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW
1/4) OF SECTION 19; THENCE NORTH 89°5149" WEST ALONG SAID SOUTH LINE OF
THE SOUTHWEST QUARTER (SW 1/4) A DISTANCE OF 331 .51 FEET THENCE NORTH
00 024105" WEST, 40.00 FEET TO THE NORTH RIGHT OF WAY LINE OF CLEVELAND
ROAD, AND TO THE POINT
OF BEGINNING OF THIS DESCRIPTION: THENCE
NORTH 89 051 '49" WEST, BEING 40 FEET NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19. A DISTANCE
OF 328.86 FEET, TO THE EAST LINE OF THE RECORDED PLAT OF "WELLS
ELECTRONICS MINOR" AS KNOWN AND RECORDED IN THEOFFICE OF THE
RECORDER OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 9540132; THENCE
NORTH 0002516" WEST, ALONG SAID EAST LINE AND ALSO ALONG THE EAST LINE
OF LOT 1
IN THE RECORDED PLAT OF "FAWN DEVELOPMENT MINOR
SUBDIVISION"AS KNOWN AND RECORDED IN THE OFFICE OF THE RECORDER OF
ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 9749756, A DISTANCE OF 1276.63
FEET TO THE SOUTH LINE OF LOT 2 IN THE RECORDED PLAT OF "OLIVE ROAD
COMMERCE PARK AMERIPLEX MINOR SUBDIVISION"AS KNOWN AND RECORDED
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY IN INSTRUMENT
NUMBER 0157246; THENCE NORTH 89 051'00" EAST, ALONG SAID SOUTH LINE AND
ALSO ALONG THE SOUTH LINE OF LOT AAA IN THE RECORDED PLAT OF "OLIVE
ROAD COMMERCE PARK-SECOND REPLAT", AS KNOWN AND RECORDED IN THE
OFFICE OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 0035547, A DISTANCE
OF 329.28 FEET, TO THE WEST LINE OF A PARCEL OF LAND OWNED BY"31 NIMTZ
LAND, LLC" AND RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH
COUNTY IN INSTRUMENT NUMBER 1704026, AND AS SHOWN ON INSTRUMENT
NUMBER 1611106-A RECORDED SURVEY; THENCE SOUTH 00°24'05" EAST,ALONG
SAID WEST LINE, A DISTANCE OF 1278.27 FEET TO THE AFOREMENTIONED POINT
OF BEGINNING.
ABOVE DESCRIPTION CONTAINING 9.65 ACRES OF LAND MORE OR LESS, AND IS
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND PUBLIC RIGHTS OF WAY OF
RECORD
SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are
hereby declared to be extended so as to include the real estate of the above described
parcel as part of the City of South Bend, Indiana.
SECTION III. Ordinance No. 9495-04, as 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 above described real
estate, with the exception of all adjacent right-of-ways, in the City of South Bend, St.
Joseph County, Indiana be and the same is hereby established as LI LIGHT
INDUSTRIAL DISTRICT, provided, however, that the required established, and stated
procedures for review of such zoning classification by the Area Plan Commission have
been fully satisfied.
SECTION IV. This ordinance is and shall be subject to commitments as provided by
Chapter 21-09.02(d) Commitments, if applicable.
SECTION V. This Ordinance shall be in full force and effect 30 days from and after its
passage
by the
Common Council, approval
by the Mayor, and
legal publication.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of
the
City of South Bend, Indiana on the
day of 2 at o'clock M.
City Clerk
Approved and signed
by me on theday of 2 at
o'clock M.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
1 st READING OCT 04 2017
PUBLIC HEARING
3 rd READING
NOT APPROVEDKAF3EE i 1;-I FOWLER
REFERRED
CITY CLERK;SOUTH REND,IN
PASSED
PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT
City ofSouth Bend,Indiana
I(we)the undersigned make applicationto 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:
24605 ClevelandRoad
F '
South Bend, Indiana 46628
11L'; 0 r) MJ7
2) The property Tax Key Number(s)
is/are:
004-1011-018901 r
3) Legal Description(s)
Please note,
if the public right-of-way adjacent to the parcel
is not alread
i n
Cjty hinit,
the legal description MUSTinclude the right-of-way: THE WEST HALF OFTHE EAST
HAVtz; Ht
I
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NINETEEN(19), TOWNSHIP
THIRTY-EIGHT(38)NORTH, RANGE TWO(2)EAST, CONTAINING TEN(10)ACRES, MORE OR LESS,
EXCEPT THE SOUTH40.00 FEETMEASURE ATRIGHTANGLES, OF THE WEST HALF OF THEEAST HALF
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH,
RANGE 2 EAST, INST JOSEPH COUNTY INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS.-
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER(SW114) OF SECTION 19;
THENCE NORTH89°51'49" WESTALONG SAID SOUTH LINE OFTHE SOUTHWESTQUARTER(SW%)A
DISTANCE OF 38622 FEET- THENCE NORTH 00°24'05" WEST, 40.00 FEET TO THE NORTH RIGHT OF
WAYLINE OF CLEVELAND ROAD, AND TO THE POINTOFBEGINNING OF THISDESCRIPTION, THENCE
NORTH 89051'49" WEST, BEING 40 FEET NORTH OFAND PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWESTQUARTER OF SAID SECTION 19, A DISTANCE OF 328.86 FEET, TO THE EAST LINE OF THE
RECORDED PLAT OF "WELLS ELECTRONICS MINOR"AS KNOWNAND RECORDED IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH COUNTY IN INSTR UMENT NUMBER 9540132; THENCE NORTH
00025'16"WEST,ALONG SAID EAST LINE AND ALSO ALONG THE EAST LINE OF LOT I IN THE
RECORDED PLAT OF "FAWN DEVELOPMENT MINOR SUBDIVISION"AS KNOWN AND RECORDED IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 9749756 A
DISTANCE OF 1276.63 FEET TO THE SOUTH LINE OF LOT21N THE RECORDED PLATOF "OLIVE ROAD
COMMERCE PARK AMERIPLEX MINOR SUBDIVISION"AS KNOWNAND RECORDED IN THE OFFICE OF
THE RECORDER OF ST.JOSEPH COUNTY ININSTRUMENT NUMBER 015 7246, THENCE NORTH
89°51'00"EAST,ALONG SAID SOUTHLINE AND ALSO ALONG THE SOUTHLINE OF LOTAAA IN THE
RECORDED PLAT OF " OLIVE ROAD COMMERCE PARKSECOND REPLAT, AS KNOWN AND RECORDED
IN THE OFFICE OF ST. JOSEPH COUNTY ININSTRUMENT NUMBER 0035547,A DISTANCE OF 329.28
FEET, TO THEWEST LINE OF A PARCELOF LAND OWNED BY"31NIMTZ LAND LL "AND RECORDED
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTYININSTR UMENTNUMBER 1704026,AND
AS SHOYVN ON INSTRUMENTNUMBER 1611106-A RECORDED SURVEY,• THENCE SOUTH 00°24'05"
EAST, ALONG SAID WESTLINE, A DISTANCE OF 1278.27 FEET TO THE AFOREMENTIONED POINT OF
BEGINNING.
ABOVE DESCRIPTION CONTAINING 9.65 ACRES OF LAND MORE OR LESS,AND IS SUBJECT TO ALL
EASEMENTS, RESTRICTIONS AND PUBLIC RIGHTS OF WAY OF RECORD
for annexation
4) Total Site Area(excluding right-of-way): 9.65 Acres
Filed in Clerk's Office
5) Name and address of property owner(s)ofthe petition site:
The Estate ofNorma J. Baney OCT 0 4 2017Attn:Anthony Bely, Personal Representativefor the Estate
3621 Cooper Court
K/ `;pralOyRSouth Bend, Indiana 46614
CITY CLERK,SOiJTH SEND. IN574-276-2912 a
Name and address ofadditional property owners,if applicable:
6) Name and address ofcontingent purchaser(s), if applicable:
31 Mintz Land, LLC v
227 S.Main Street, Suite 300E
SouthBend, Indiana 46601 3 Z 17574-217-4498
pphair
@holladayproperties.corn
A- l COMMISSION
Name and address of additional property owners,if applicable: g.y ^17
7) It is desired and requested that this property be rezoned:
From: A:AgriculturalDistrict(County) Additional Districts, if applicable Not Applicable
To: LI Light Industrial District
8) This rezoning is requested
to all ow
the
following use(s):
Manufacturing, Assembly, Distribution& Warehousing
and other uses generally allowable within the Light Industrial ordinance
IF VARIANCE(S)ARE BEING REQUESTED(ifnot,please skip to next section):
1)Not Applicable
2) A statement on how each ofthe following standards for the granting ofvariances is met:
a) The approval will not be injurious to the public health,safety,morals and general welfare ofthe
community:
b) The use and value of the area adjacent to the property included in the variance will not be affected in a
substantially adverse manner;and:
c) The strict application of the terns of this Ordinance would result in practical difficulties in the use of the
property:
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(ifnot,please skip to next section):
1) A detailed description and purpose ofthe Special Exception Use(s)being requested: Not Applicable
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards,
convenience or general welfare:
b) The proposed use will not injure oradversely affect the use ofthe adjacent area or property values
therein:
c) The proposed use will be consistent with the character ofthe district in which it is located and the land
uses authorized therein;and:
d) The proposed use is compatible with the recommendations ofthe City of South Bend Comprehensive
Plan.
In the case ofa Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Paul Phair
227 S.Main Street, Suite 300 HT 0 u 2017
South Bend, Indiana 46601
574-217-4498
pphair@holladayproperties.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)ofall property owner(s):
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Department of
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Community Investment
Memorandum
Monday,October 9,2017
TO: Mike Bronstetter, Environmental Services (Solid Waste)
Aladean DeRose, Legal
Ed Herman,Water Works
Kara Boyles, Engineering
Larry Magliozzi,Area Plan Commission
JenniferHockenhull,Administration & Finance
Federico Rodriguez, Fire
Captain Christopher Voros, Police
Randy Wilkerson and Tracy Skibins, Code Enforcement
FROM: Michael Divita, Planner
SUBJECT: Request for Service Reports
Baney Annexation Area
100%Voluntary Annexation of Contiguous Property)
A petition for voluntary annexation of the Baney Annexation Area has been received by the City and
will receive First Reading by the Common Council today, October 9, 2017.
The proposed Annexation Area consists of one parcel (24605 Cleveland Road)of about 9.65 acres
and is located on Cleveland Road west of the St.Joseph Valley Parkway. The area currently contains
a vacant single-family house on a wooded lot and is zoned agricultural in the County. With the
annexation,the petitioner seeks rezoning to "LI" Light Industrial District to permit manufacturing,
assembly, or warehousing uses.
Please complete the Service Report addressing how your Department will or can provide City
services to the proposed Annexation Area, and return it to me by October 23, 2017. This deadline
must be met so that the Legal Department can prepare the necessary resolutions in time to be
considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map,and an
annexation schedule are attached to assist you in your review.
If you have any questions, please contact me at 235-5843 or mdivita @southbendin.gov.
cc:
Mayor Pete Buttigieg
Laura O'Sullivan, Chief of Staff, Office of the Mayor
Members,South Bend Common Council
Bob Palmer,Attorney for the Common Council
James Mueller, Executive Director, Community Investment
Tim Corcoran, Director of Planning, Community Investment
Kareemah Fowler, City Clerk
Alkeyna Aldridge, Deputy City Clerk
I
John McNamara, County Surveyor
227 W.JEFFERSON BLVD.SOUTH BE ND, IN 466011 P: 574-235-93711 FAX: 574-235-90211 SOUTHBENDIN.GOV
SERVICE REPORT CHECK LIST
Department of Law: 1) legal concerns, if any (if none, no report is required)
Public Works: 1)
location, size, and capacity of sewer line(s)
2)
listing of properties connected to sewer line(s)
3) any public improvements required or suggested, such as street
signs, street lighting, pavement upgrade, storm drainage
4)
cost, timing, and source of funds for providing those
improvements (within 1 year for non-capital items and 3 years
for capital items)
5)
a listing of properties covered by waivers
Water Works: 1)
location, size, and capacity of water line
2)
listing of properties connected to water line(s)
3)
cost, timing, and source of funds for providing those
improvements (within 1 year for non-capital items and 3 years
for capital items)
Police Department: 1) Police Beat to be assigned
2)
cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Fire Department:1)
primary and secondary fire stations to be assigned
2)
cost, timing, and source of funds of providing any improvements
3) whether comparable response time can be maintained
Code Enforcement: 1) Code Enforcement Area to be assigned
2) whether comparable response time can be maintained
Area Plan: 1) current zoning of property
2) anticipated/required zoning
3) compatibility of land uses relative to city zoning
4)
copies of recorded subdivision plats, if any
Admin/Finance: 1) (
no report necessary for this annexation)
Environmental 1) capacity to provide solid waste service
Services: 2) cost to owner of service
3) when service can begin
County Surveyor:1) verify accuracy of legal description
INITIAL REVIEW FACT SHEET100% VOLUNTARY ANNEXATION
Baney Annexation AreaGerman Township Prepared October 2017
A. Annexation Criteria (Minimum)Analysis Criteria Met?
1. Contiguity: Atleast 1/8 (12.5%) 100% Yes
and
2. 100% of owners signed petition
100% Yes
and
3. a. essential
City services are/can be provided
Yes
b. City is able to provide services
Yes
c.
territory is contiguous
Yes
B. General
Location: Cleveland Road, between St. Joseph Valley Parkway and Olive
Road
Address(es):
24605 Cleveland Road
Tax Key Number(s):
04-1011-018901
Subdivision(s) of
Record: None
Acres: 9.65
CurrentNet Assessment: $25,300
Current Population: 0
Proposed Population: 0
Current Land Use: Single-Family Residential, Wooded
Proposed Land Use: Light Industrial
CurrentZoning: A" Agricultural District, St. Joseph County
Proposed Zoning: LI" Light Industrial District, City of South Bend
CouncilDistrict: 1St Council District
Scheduled Effective Date: February 11, 2018
Comments: The proposed Annexation Area does not include any rights-of-
way; the adjacent portion of Cleveland Road is already within
the city limits.
Map
Baney Annexation Area
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Q City of South Bend =
Baney Annexation Area
Fe et
Prepared by
City o f South Bend Department of
Community Investment September 21.2017
Legal Description
The West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section
Nineteen (19), Township Thirty-Eight (38) North, Range Two (2) East, containing ten (10)
acres, more or less, excepting therefrom the south 40.00 feet measured at right angles, of
the West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section
19, Township 38 North, Range 2 East, German Township, St.Joseph County, Indiana, more
particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter (SW 1/a) of Section 19;
thence North 89°51'49" West along said South Line of the Southwest Quarter (SW 1/a) a
distance of 331.51 feet; thence North 00'24'05" West, 40.00 feet to the North Right of
Way Line of Cleveland Road, and to the point of beginning of this description; thence
North 89°51'49" West, being 40 feet North of and parallel with the South Line of the
Southwest Quarter of said Section 19, a distance of 328.86 feet, to the East Line of the
recorded plat of"Wells Electronics Minor" as known and recorded in the Office of the
Recorder of St.Joseph County in Instrument Number 9540132; thence North
00°25'16" West, along said East Line and also along the East Line of Lot 1 in the recorded
plat of"Fawn Development Minor Subdivision" as known and recorded in the Office of the
Recorder of St. Joseph County in Instrument Number 9749756, a distance of 1276.63 feet
to the South Line of Lot 2 in the recorded plat of"Olive Road Commerce Park Ameriplex
Minor Subdivision" as known and recorded in the Office of the Recorder of St.Joseph County
in Instrument Number 0157246; thence North 89°51'00" East, along said South Line and
also along the South Line of Lot AAA in the recorded plat of"Olive Road Commerce Park-
Second Replat", as known and recorded in the Office of St.Joseph County in Instrument
Number 0035547, a distance of 329.28 feet, to the West Line of a parcel of land owned by
31 Nimtz Land, LLC" and recorded in the Office of the Recorder of St.Joseph County in
Instrument Number 1704026, and as shown on Instrument Number 1611106 -A Recorded
Survey;thence South 00°24'05" East, along said West Line, a distance of 1278.27 feet to
the aforementioned point of beginning.
Above description containing 9.65 acres of land more or less, and is subject to all
easements, restricitons, and public rights of way ofrecord.
Proposed Schedule for Baney Annexation Area
File Date 10/2/17
Council 1stReading 10/9/17
Fiscal
Plan Service Request
Sent 10/9/17
Fiscal Plan Service Request Due 10/23/17
Fiscal Plan Done 11/6/17
Board of Public Works Agenda Session 11/9/17
Board of Public Works Hearing 11/14/17
Board of PublicSafety 11/15/17
Council Advertisement 11/17/17
Area Plan Commission PublicHearing 11/21/17
Fiscal Plan Resolution to Clerk 12/6/17
Council 2ndReading 12/11/17
Council 3rdReading 1/8/18
Ordinance Advertised 1/12/18
Appeal Period Start 1/12/18
Appeal Period
End 2/11/18
PETITION FOR ANNEXATION AND 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.
Office
1) The property sought to be rezoned is located at:
24605 Cleveland Road OCT 02 2017South Bend, Indiana 46628
2) The property Tax Key Number(s) is/are:
004-1011-018901 CITY CLERK,SOUTH BEAD, IN
3) Legal Description(s)Please note,ifthe public right-of-way adjacent to the parcel is not already within City limit,
the
legal description MUSTinclude the right-of-way: THE WEST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTIONNINETEEN(19), TOWNSHIP
THIRTY-EIGHT(38)NORTH, RANGE TWO(2)EAST, CONTAINING TEN(10)ACRES, MORE OR LESS,
EXCEPT THE SOUTH 40.00 FEET MEASUREATRIGHT ANGLES, OF THE WEST HALF OF THEEASTHALF
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 38 NORTH,
RANGE 2 EAST, INST. JOSEPH COUNTY, INDIANA. MORE PARTICULARLY DESCRIBED ASFOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER(SW 114) OF SECTION 19;
THENCE NORTH 89°51'49" WEST ALONG SAIDSOUTHLINE OF THE SOUTHWESTQUARTER (SW'/)A
DISTANCE OF386.22 FEEI,- THENCENORTH 00 024'05" WEST, 40.00 FEET TO THE NORTH RIGHT OF
WAY LINE OF CLEVELAND ROAD, AND TO THE POINT OF BEGINNING OF THISDESCRIPTION THENCE
NORTH 89°51'49" WEST, BEING 40 FEETNORTH OF AND PARALLEL WITH THE SOUTHLINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 19, A DISTANCE OF 328.86 FEET, TO THE EAST LINE OF THE
RECORDED PLAT OF "WELLS ELECTRONICS MINOR"AS KNOWNAND RECORDED IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH COUNTYININSTRUMENTNUMBER 9540132; THENCE NORTH
00°25'16" WEST, ALONG SAID EASTLINE AND ALSO ALONG THE EAST LINE OF LOT I IN THE
RECORDED PLAT OF "FAWN DEVELOPMENT MINOR SUBDIVISION"AS KNOWNAND RECORDED IN
THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY ININSTRUMENTNUMBER 9749756 A
DISTANCE OF 1276.63 FEET TO THE SOUTH LINE OF LOT 2 IN THE RECORDED PLAT OF "OLIVE ROAD
COMMERCE PARKAMERIPLEX MINOR SUBDIVISION"AS KNOWN AND RECORDED IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH COUNTY IN INSTRUMENT NUMBER 0157246; THENCE NORTH
89051'00"EAST,ALONG SAID SOUTHLINE AND ALSO ALONG THE SOUTH LINE OF LOTAAA IN THE
RECORDED PLAT OF " OLIVE ROAD COMMERCE PARK-SECOND REPEAT, AS KNOWNAND RECORDED
IN THE OFFICE OF ST. JOSEPH COUNTY ININSTR UMENTNUMBER 0035547, A DISTANCE OF 329.28
FEET, TO THE WEST LINE OF A PARCEL OF LAND OWNED BY "31 NIMTZ LAND LLC"AND RECORDED
IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY ININSTRUMENT NUMBER 1704026,AND
AS SHOWN ONINSTRUMENT NUMBER 1611106-A RECORDED SURVEY; THENCE SOUTH 00°24'05"
EAST, ALONG SAID WESTLINE, A DISTANCE OF 1278.27 FEET TO THE AFOREMENTIONED POINT OF
BEGINNING.
ABOVE DESCRIPTION CONTAINING 9.65 ACRES OF LAND MORE OR LESS, AND IS SUBJECT TO ALL
EASEMENTS, RESTRICTIONSAND PUBLIC RIGHTS OF WAY OF RECORD
for annexation
4) TotalSite Area(excluding right-of-way): 9.65 Acres
5) Name and address of property owner(s)ofthe petition site:
The Estate ofNorma J. Baney
Attn:Anthony Bely, Personal Representativefor the Estate
3621 Cooper Court
South Bend, Indiana 46614
574-276-2912
Name and address of additional property owners,if applicable:
6) Name and address of contingent purchaser(s),if applicable:
31 Nimtz Land, LLC
227 S. Main Street, Suite 300
South Bend,Indiana 46601
574-217-4498
pphair@holladayproperties.com
Name and address of additional property owners,if applicable:
7) It is desired and requested that this property be rezoned:
From: A: Agricultural District(County) Additional Districts, if applicable Not Applicable
To: LI Light Industrial District
8 This rezoning is requested to allow the following use(s Manufacturing, Assembly, Distribution & Warehousing
and other uses generally allowable within the Light Industrial ordinance
IF VARIANCE(S)ARE BEING REQUESTED(ifnot,please skip to next section):
1)Not Applicable
2) A statement on how each of the following standards for the granting ofvariances is met:
a) The approval will not be injurious to the public health, safety, morals and general welfare ofthe
community:
b) The use and value ofthe area adjacent to the property included in the variance will not be affected in a
substantially adverse manner; and:
c) The strict application of the terms ofthis Ordinance would result in practical difficulties in the use of the
property:
IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (ifnot,please skip to next section):
1) A detailed description and purpose ofthe Special Exception Use(s)being requested: Not Applicable
2) A statement on how each of the following standards for the granting of a Special Exception Use is met:
a) The proposed use will not be injurious to the public health,safety,comfort, community moral standards,
convenience or general welfare:
b) The proposed use will not injure or adversely affect the use ofthe adjacent area or property values
therein:
c) The proposed use will be consistent with the character ofthe district in which it is located and the land
uses authorized therein; and:
d) The proposed use is compatible with the recommendations ofthe City of South Bend Comprehensive
Plan.
it
In the case ofa Special Exception Use,the petitioner shall be held to the representations made on the Preliminary
Site Plan included with this petition.
CONTACT PERSON:
Paul Phair
227 S.Main Street, Suite 300
South Bend,Indiana 46601
574-217-4498
pphair@holladayproperties.com
BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE-
DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY
REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL
AND TO ANSWER ANY AND ALL QUESTIONS THEREON.
Signature(s)of all property owner(s):
311 da
1'S aC 6k oi%
yCi `S 13An/
A-nftiany Qel, Peso na/ ,>rp,n fu:y
120ON COUNTY-CITY BUILDING o
O TH
PHONE 574/235-9822
227 W.JEFFERSON BLVD.
U
FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
w
X
1865
CITY OF SOUTH BENDPETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 20, 2017
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: December 2017 Transfer Ordinance
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request department
heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with
the adopted city budget and propose necessary adjustments periodically throughout the year. For 2017,
we plan to propose adjustments
during four time periods—
March, June, October and December.
I will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1St reading on November 27, 2017 with 2nd reading, public hearing and
3r d reading scheduled for December 11, 2017.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
Jennifer C. Hockenhull
City Controller
Filed in Clerk's Office
NOV 21 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
I
EXCELLENCE ACCOUNTABILITY + INNOVATION + INCLUSIONEMPOWERMENT
J
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2017
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing budgets
Ordinances#10457-16 and 10458-16 passed on October 24, 2016)which necessitate the
increase and reduction of appropriations within the various departments of the General
Fund and other funds ofthe City of South Bend during 2017.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are
incorporated herein shall be adjusted by increase or reduction ofappropriation in the
designated sums.
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor ofthe 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
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120ON COUNTY-CITYBUILDING 04
O UTH g
PHONE 574/235-9822
227 W.JEFFERSON BLVD.
U
FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
w
P EA'h.
x x
1865
CITY OF SOUTH BENDPETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 20, 2017
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 41h Floor
South Bend, Indiana 46601
RE: December 2017 Appropriation Ordinance– Enterprise Funds
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request department
heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with
the adopted city budget and propose necessary adjustments periodically throughout the year. For 2017,
we plan
to propose adjustments
during four time periods—
March, June, October and December.
Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your
consideration.
I will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1s' reading on November 27, 2017 with 2nd reading, public hearing and
3rd reading scheduled for December 11, 2017.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
Jennifer C. Hockenhull
City Controller
FAN n nn
LU17
h:Fi •ter_
EXCELLENCEACCOUNTABILITY ° INNOVATION INCLUSION EMPOWERMENT
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND ENTERPRISE OPERATIONS IN 2017 OF $49,745 FROM
CONSOLIDATED BUILDING FUND—CODE ENFORCEMENT(#
600), $1,500
FROM WATER WORKS DEPOSIT FUND (#624), $1,000 FROM WATER WORKS
SINKING FUND (#625), $4,500 FROM WATER WORKS DEBT RESERVE O&M
629), $30,000 FROM SEWAGE WORKS O&M RESERVE (#643),AND $148,300
FROM CENTURY CENTER(#670).
STATEMENT OF PURPOSE AND INTENT
The Common Council passed the City's 2017 operating and capital budgets in
2016 (Ordinance#10458-16 passed on October 24, 2016),
which included expenditures
for various City enterprise operations. It is now necessary to appropriate additional funds
for operational 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 operational expenses as follows:
Fund Amount
Consolidated Building Fund (#600) 49,745
Water Works Deposit Fund (#624) 1,500
Water Works Sinking Fund (#625) 1,000
Water Works Debt Reserve O&M (#629) 4,500
Sewage Works O&M Reserve (#643) 30,000
Century Center(#670) 148,300
TOTAL 235,045
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 ofthe 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
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120ON COUNTY-CITY BUILDING PHONE 574/235-9822
227 W. JEFFERSON BLVD. U,"FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
186
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 20, 2017
Mr. Tim Scott, President
City of South Bend Common Council
227 W. Jefferson Boulevard, 41h Floor
South Bend, Indiana 46601
RE: December 2017 AppropriationOrdinance–Civil City Funds
Dear President Scott,
During the past several years, it has been the practice of the City of South Bend to request department
heads, fiscal staff and city administration to conduct an extensive review of the status of compliance with
the adopted city budget and propose necessary adjustments periodically throughout the year. For 2017,
we plan to proposeadjustments
during four time periods—
March, June, October and December.
Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your
consideration.
will present this bill to the Common Council at the appropriate committee and council meetings. It is
requested that this bill be filed for 1St reading on November 27, 2017 with 2nd reading, public hearing and
3rd reading scheduled for December 11, 2017.
Thank you for your attention to this request. If you should have any questions, please feel to contact me
at 574-235-9822.
Regards,
Jennifer C. Hockenhull
City Controller
L
s !)
ffice
17:
rJ
H BEND, IN
04
EXCELLENCE ACCOUNTABILITY INNOVATION + INCLUSION EMPOWERMENT
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 $125,000
FROM DCI GRANT FUND (#212), $100,000 FROM STATE SEIZED DRUG MONEY
216), $250,000 FROM LIABILITY INSURANCE FUND (#226), $49,000 FROM
COVELESKI STADIUM (#401), $955,670 FROM VEHICLE-EQUIPMENT LEASING
750), $22,500,000 FROM EDDY ST COMMONS CAPITAL (#759),AND $2,500,000
FROM EDDY ST COMMONS DEBT SERVICE FUND (#760).
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 ofthe 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
DCI Grant Fund (#212) 125,000
State SeizedDrug Money (#216) 100,000
Liability Insurance (#226) 250,000
Coveleski Stadium (#401) 49,000
EquipmentNehicleLeasing (#750) 955,670
Eddy St Commons Capital (#759) 22,500,000
Eddy St Commons Debt Service(#760) 2,500,000
TOTAL 26,479,670
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
I
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
Filers in Cleric's Office
2c017
KAREEMP,. NLER
CITY CLERK,SOUTHBEND,IN
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120ON COUNTY-CITY BUILDING OAS
Ii PHONE 574/235-9822
227 W.JEFFERSON BLVD. FAX 574/235-9928
SOUTH BEND,INDIANA 46601-
1830 F 3 i
Fj;W PF.ACF.
1865
CITY OF
SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
November 21, 2017
Filed in Clerk's Office
Mr.Tim Scott NOV 212017
President, South Bend Common Council
4th Floor, County-City Building
KARE= ;,AH B=OWLER
CITY CL& -sr', J rH BEND,IN
227 W.Jefferson Blvd.
South Bend, IN 46601
Re: Ordinance Establishing New Funds for the City of South Bend
Dear Council President Scott:
During the preparation and adoption of the 2018 City budget, the need has arisen to add
three (3) funds to properly account for revenue and expenditures of the City of South Bend.
One fund is being established to fund self-promoted events of the Morris Performing Arts
Center. One fund is being established to fund a Parental Leave program for the employees
of
the
City.
One fund is being established to record the revenues and expenditures relating
to the 2017 Parks Bond.
I will present this bill to the Common Council at the appropriate committee and council
meetings. It is requested
that this bill be filed for 1St reading on November 27, 2017 with
2nd reading, public hearing and 3rd reading scheduled for December 11, 2017.
Thank you for your attention to this request. If you should have any questions, please feel
to contact me at 574-235-9822.
Respectfully submitted,
Jennifer C. Hockenhull
City Controller
Excellence
I Accountability I Innovation I InclusionI Empowerment
Filed in Clerk's Office
NOV 21 2017
ORDINANCE NO.
KAREEMAH FOWLER
AN ORDINANCE OF THE COMMON COUNCIL OF THE CI
ND,IN
INDIANA,AMENDING CHAPTER 2, ARTICLE 14, SECTION 2-170 OF THE SOUTH
BEND MUNICIPAL CODE TO ESTABLISH VARIOUS NEW FUNDS: MORRIS
PERFORMING ARTS CENTER SELF-PROMOTED EVENTS FUND (274),PARENTAL
LEAVE FUND (714) AND 2017 PARKS BOND FUND (471).
STATEMENT OF PURPOSE AND INTENT
During the preparation and adoption of the 2018 City Budget, the need has arisen to add
three (3) Funds to properly account for revenue and expenditures of the City of South Bend. The
Morris Performing Arts Center (PAC) Self Promoted Events Fund will be used for shows and
events that will be self-promoted through the Morris PAC and will be funded with ticket sale
revenues. The Parental Leave fund will be used to offer Parental Leave to City employees based
on a new policy. The Parks Bond Fund will be used for the revenues and expenditures related to
the 2017 Parks Bond to improve the
City's parks and trail system. These Funds consists of Fund
Numbers 274, 714, and 471 respectively, and will be effective January 1, 2018.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. Effective January 1, 2018,the following funds are established, and Chapter
2, Article 14, of the South Bend Municipal Code is hereby amended to add new sections which
shall read in their entirety as follows:
Section 2-170. 27
Morris Performing Arts Center Self-Promoted Events Fund
The Morris Performing, Arts Center Self-Promoted Events Fund (No 274) is established
to account for the revenue and expenditures related to events and activities that the Morris
Performinp,Arts Center self-promotes or self-sponsors.
Section 2-170.28. Parental Leave Fund
The Parental Leave Fund (No 714) is established to account for the revenues and
expenditures relating to the Parental Leave policy established by the administration for the
employees of the City.
Section 2-170.29. 2017 Parks Bond Fund
The 2017 Parks Bond Fund (No 471) is established to account for the revenues and
expenditures relating to the 2017 Parks Bond established to improve the parks and trails system
throughout the
City of South Bend.
SECTION IV. This ordinance shall be in full force and effect on January 1,2018 after
its passage by the Common Council and approval by the Mayor.
Member, South Bend 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
at o'clock, .m.
Mayor, City of South Bend,Indiana
Filed in
it
7-c 2 2017
I__
j
KAREEiv). w,V .
R
CITY CLERK,SOUTrl SEND,IN
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
WHEREAS, Indiana Code Section 36-7-4-918.6,requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
ofZoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60)days after the Board of
Zoning Appeals makes its recommendation to the Council; 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 ofZoning Appeals has made a recommendation,pursuant to
applicable state law.
NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,requesting that a
Special Exception be granted for the property located at:
926 S Erskine Plaza South Bend IN 46614
in order to permit
A special exception for adding microblading/semi-permanent tattoo services to an existing
beauty salon.
SECTION H.Following a presentation by the Petitioner,and after proper public hearing,the
Common Council hereby approves the petition ofthe Area Board of Zoning Appeals,a copy of
which is on file in the Office ofthe City Clerk.
SECTION III.The Common Council ofthe City of South Bend,Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The.proposed use will not injure or adversely affect the use of the adjacent area or
property values
therein;
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;
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 ofthe 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 ofthe Common Council
Filed in Clerk's Offloe
NOV 0 8 2017
PRESENTED REEM— 'IMI
WY CLERK,,
SOUTH 1D,IN
INOT APPROF°
A PTF;,
r
Filed in Clerk's Office
04SpUTH
8'
i'd
NOV 112017
W \ DIh
a a
P EACH
KAREEMAH B=OWLER
CITY CLERK,SOUTH BEND, IN
1865
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
November 21, 2017
Council Member Gavin Ferlic, Chairperson
Community Investment Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Real Property Tax Abatement Petition for: River Park Leasing Corp.
Dear Council Member Ferlic:
Please find the attached information pertaining to a real property tax abatement petition
for River Park Leasing Corp.
River Park Leasing Corporation, owned by a South Bend native and entrepreneur,is
proposing the development and construction of the first new downtown office structure in
decades. While exciting for that reason alone,the project is even more desirable as it will
be comprised of Class A office and retail space,with premier fit and finishes offering
companies and tenants the highest quality of office space. The proposed building will sit
on Jefferson&Main downtown, and will be inclusive of high-end ground-floor retail
topped by 5 stories ofprime office space. Early renderings will be shared at committee.
It is also important to recognize the extended impact ofjob creation and retention this
development will drive. The owner/developer can only list and be held accountable for
the jobs that will be directly created in his top floor business/office. However,from the
first floor retail to four additional floors of office space totaling 38,000 square feet of the
building,there will be many more"indirect"jobs created and/or retained in South Bend
as a result of this development.
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
14005 County-City Building 1227 W.Jefferson Bvld.I South Bend,Indiana466011 p 574.235.
93711 www.southbendin.g ov
CITY OF SOUTH BEND I COMMUNITY INVESTMENT
The owner/developer is, again, a South Bend native. It has been noted that he is pursuing
this venture after witnessing a revitalization ofdowntown South Bend over the past 10
years.Nonetheless, a$9,000,000.00 investment in world-class office space is a
significant risk in any metropolitan area. DCI staffrecommends that we partner with the
developer to mitigate this risk to a reasonable degree and enable this new development in
downtown South Bend. A tax abatement is a meaningful tool allowing ramp-up time for
the owner/developer to bring tenants into the new retail/office building.
The Department of Community Investment's recommendation for support ofthis project
is a 6-year, 100%
tax abatement. This level of partnership and investment is supported
by the petitioner's level of investment and other"points"factors from their Petition
Packet, by the algorithms and computations that drive our objective analyses, and by the
investment and participation levels (-15%)that we set as a meaningful benchmark for all
deals. It is a good investment for the City of South Bend.
In summary the project entails the following:
Purchase of land at$50,000.00
9,000,000.00 in Private Investment
Six-story, 38Ksf class A retail/office space
This packet includes the following:
Department of Community Investment's summary report
Copy of the petition
Statement of Benefits form
Supporting information.
Should you or any ofthe other Council members have any questions concerning the
report, or need additional information,please feel free to call me at 235-5823.
Sincerely,
Daniel J. Buckenmeyer
Director, Business Development&Economic Resources
Department of Community Investment
City of South Bend
EXCELLENCE
I ACCOUNTABILITY
I INNOVATION I INCLUSION EMPOWERMENT
14005County-City Building 1227 W.Jefferson Bvld.
I South Bend,Indiana466011 p 574.235.93711 ww w.s outhb en din.gov
o 4 Sp U T H
p Filed in Clerk's Office
NOV 21 2017
eence
KAREEMAH FOWLER
x
1865
x
CITY CLERK,SOUTH BEND,IN
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
TAXABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM:DANIEL BUCKENMEYER
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
River Park Leasing Corporation
DATE: November 21,2017
On Tuesday November 211, 2017, a petition from River Park Leasing Corporation was received
and subsequently filed with the City Clerk for real property tax abatement consideration for
property to be located at the intersection ofJefferson Boulevard and Main Street, South Bend, IN
46601. Pursuant to Chapter 2,Article 6,Section 2-84.2 of the Municipal Code of the City of South
Bend, this petition was referred to the Department of Community Investment for purposes of
investigation and preparation of a report determining whether the area qualifies as an Economic
Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met.
The Department ofCommunity Investment has reviewed the petition(a copy ofwhich is attached),
investigated the area,and makes the following report.
PROJECT SUMMARY
Construction ofthe approximately 37,800 sq. ft. class A office building(with first
floor retail)which would further support positive impact and growth in downtown
South Bend.
This type of office development hasn't been done in over two decades. The top
floor of the proposed five (5) story building will house a new start-up aimed to
employ 12-20 professionals in the next 2-3 years.
9,000,000 private investment in the building construction
Land purchase from the Redevelopment Commission for$50,000.
Estimated taxes
being abated
during six year abatement period—$1,296,000 l
EXCELLENCE , ACCOUNTABILITY ! INNOVATION I INCLUSION I EMPOWERMENT
14005 County-City Building 227W.Jefferson
Bvld. South Bencl.Indiana 46601 p 5 7 4.
235.9371 www.sou tl ibend in.gov
CITY OF SOUTH BEND ! COMMUNITY INVESTMENT
EMPLOYMENT EMPACT
Per the petition, it is estimated that the total project will:
Create fifteen(15)direct and permanent full time jobs within 3 years,representing
a new annual payroll of$750,000
Create indirect full time jobs by leasing office space to tenants
The hourly wage for managerial and administrative employees is expected at
minimum$25+
I
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EXCELLENCE ' ACCOUNTABILITY INNOVATION INCLUSION 1 EMPOWERMENT 3
14005 County-City Building 227 W.Jefferson Bvld.i South Bend,Indiana 46601'p 574.235.9371 www.so uthbendin.gov
CITY OF SOUTH BEND I COMMUNITY INVESTMENT
ABATEMENT QUALIFICATION
1.
A review of the tax abatements previously granted, finds that the petitioner has not
been granted or associated with any previous abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be properly
zoned for the proposed project.
3.
A review ofthe South Bend Redevelopment designation areas finds that the property is located
in the River West Development Area.
4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the
qualifications for a(6)six-year real property tax abatement under section 2-84.2,Tangible Real
Property Tax Abatement.
i
EXCELLENCE I
ACCOUNTABILITY `
INNOVATION I INCLUSION I EMPOWERMENT
14005 County-City Building',227 W.Jefferson Bvld.1 South Bend,Indiana 46601;p 574.235.9371 www.southbendin.gov
t
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
Intersection of Jefferson Blvd and Main St, South Bend, IN 46601
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR
River Park Leasing Corporation
WHEREAS, a petition for real property tax abatement consideration has been filed with
the City Clerk for consideration by the Common Council of the City of South Bend, Indiana,
requesting that portions of the property located at the intersection of Jefferson Boulevard and Main
Street, South Bend, Indiana 46601which is more particularly described as follows:
Lot 260AA of the record plat of the Original Town of South Bend, Jefferson and
Main, Second Replat recorded on March 25, 2013, as Document No. 1308726 in the
Office of the Recorder of St. Joseph County
and which has Key Number 018-3007-0231, and be designated as an Economic Revitalization
Area under the provisions of Indiana Code 6-1.1-12.1 etseq., and South Bend Municipal Code
Sections 2-76 et seq., and;
WHEREAS,the Department ofCommunity Investment has concluded an investigation and
prepared a report with information sufficient for the Common Council to determine that the area
qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1, et SeMc., and South
Bend Municipal Code Sections 2-76, et seMc.,
and has further prepared maps and plats showing the
boundaries and such other information regarding the area in question as required by law; and
WHEREAS,the Community Investment Committee of the Common Council has reviewed
said report and recommended to the Common Council that the area qualifies as an Economic
Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for Real Property
Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the
requirements of Indiana Code § 6-1.1-12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That the estimate of the number of individuals who will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to result
from the proposed described redevelopment or rehabilitation;
D.
That the estimate of the annual salaries of those individuals who will be employed
or whose employment will be retained by the Petitioner can be reasonably expected
to result from the proposed redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F.
That the totality of benefits is sufficient to justify the requested deduction, all of
whichsatisfy the requirements of Indiana Code § 6-1.1-12.1-3.
SECTION III.
The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the Statement of Benefits form completed by the petitioner, said form being
prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under
Indiana Code § 6-1.1-12.1-3.
SECTION IV.
The Common Council hereby accepts the report and recommendation of the
Community Investment Committee that the area herein described be designated as an Economic
Revitalization Area and hereby adopts a Resolution designating this area as an Economic
Revitalization Area for purposes of real property tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2)
calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VI. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for aperiod of(6)six years as shown by the schedule outlined
below as well as the attachment pursuant to Indiana Code
6-1.1-12.1-17.
Year 1 - 100%
Year 2 - 100%
Year 3 - 100%
Year 4 - 100%
Year 5 - 100%
Year 6 - 100%
SECTION VII.
The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana
Code § 5-3-1 and Indiana Code §
6-1.1-12.1-2.5, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VIII. This 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
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
Intersection of Jefferson Blvd and Main St, South Bend, IN 46601
AS AN ECONOMIC REVITALIZATION AREA FOR
PURPOSES OF A SIX (6) YEAR REAL
PROPERTY TAX ABATEMENT FOR
River Park Leasing Corporation
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas
for the purpose of tax abatement consideration; and
WHEREAS,
a Declaratory Resolution designated the area commonly known as the
intersection of Jefferson Boulevard and Main Street, South Bend, Indiana 46601 described as
follows:
Lot 260AA of the record plat of the Original Town of South Bend, Jefferson and
Main, Second Replat recorded on March 25, 2013, as Document No. 1308726 in the
Office of the Recorder of St. Joseph County
and which has Key Number 018-3007-0231, and be designated as an Economic Revitalization
Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and
WHEREAS,
the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution
designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such
designation is for real property tax abatement only and is limited to two (2) calendar years from
the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II.
The Common Council hereby determines that the property owner is qualified for
and is granted real property tax deduction for a period of six (6) years as shown by the schedule
outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further
determines that the petition, the Memorandum of Agreement between the Petitioner and the City
of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6-1.1-12 et seq.
Year 1 - 100%
Year 2 - 100%
Year 3 - 100%
Year 4 - 100%
Year 5 - 100%
Year 6 - 100%
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
Member of the Common Council
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S OUT H
Petition for Incentives
P etition mu st include a$2SOfiling fee p ay abl e to the
City Cl erk's Once or o nl in e vi a theCity's we bs ite at
r Ks
http://Soutlibendin.gov/government/content/tax-abatement before processing can be complete
General Information Project Name
I Main moder n offic e
I Project Number
Legal n a m e a s r egi s te re d w it h
Secretary of
River Park Leasing Corporation
Bus ines s s tru c tu r e Corporation
Company w ebsi te
none
Proposed Project Information
P ro p os ed pro ject address
SW Corner(Main and Jefferson) Parent company name
City,St ate,
zip South Bend, IN 46601
Le g a l o wne r
Site ac r e age or ac r e a g e r e qui r ed 71 ACreS
Is t he real estat e ow ned or
Square feet o f
facility
Proposed New(37,783 Office/Retail) If leased by whom
Primary Contact Information
Primary com pany co nt a c t n a m e Randall Hesser
Ti tle Secretary and Counsel
Address o fc ompan y co n t a c t 121 W.Franklin St., Suite 400
Ph o ne (574)294-7491
City,s tate,zip Elkhart,
IN 46516
E mail
Senior Official Information
Company seni o r of fi c ia l nam eTi tl e
Address ofc ompany c o nt a c t(if differe nt fro m P h one
above)
City,Stat e,Zip
Email
Consultant Information/Agent
Hired b usines s c onsu lt a nt/ag e nt n a m e Great as Capital,LLC
Con s ultant rele a s e(YIN) Yes
a Y N
A d dr es s 112 West Jefferson, Ste. 200
L o cal econo mi c d evel opme nt part ners
Yes
r o v al
City,Sta te,Zip South Bend,IN 46601
E mail jsmoke@greatlakescapital.com
Project Overview
Brief descrip tion ofyour
company,pro je c t,andwh y the The entrepreneur and developer/building owner is a South Bend native who has
prope r ty is neces sary f or
seen the revitalization of downtown South Bend over the past 10 years. The
eco n o m ic grow t h
developer desires to make a significant proposed investment of at least$8.5 million
to develop and construct a class A office building (with first floor retail)to further
support positive impact and growth in downtown South Bend. This type of office
development hasn't been done in over 2 decades. The top floor of the proposed 5
story building will house a new start-up aimed to employ 12-20 professionals in the
next 2-3 years. This proposed employment will complement new employees with
ground floor retail space and office users on floors 2-4. The building will have
premier fit and finishes and fill a void at the top of the Class A office market,offering
companies and tenants the highest quality of office space.
Ce r tifie dTe chnology Pa r k a pp r opri at e N/A
Filed tee
Is the pro je c t in a
Tax In crem ental
Financing Yes
IF I area? if 50 w
Certify t hat theBuilding P erm it ha s n o t b een
Correct-no perm it
Nu m ber o f resi d en tia l u nits c r e a t e d
by O 7
If th is is a pe ti ti on fo r pe r so n a lp r ope rty tax a b at emen t,ha s
N/A
the eq u ip me nt been i nsta lled LER
BEND,IN
Investment Details
R
Publi c In fra s tr uct ure n e e d s(Off- Hasa ny 504
funding b e e n What is the v a lue ofany eq uip m ent
being p u r c h a s e d in
What is the value of any equipment being
site of p r oje c t
in dollars) rec e iv ed? Indi ana for the p r o ject? p urchased from out of state for the project?
no
New Project Investments
Calendar Year 2016 2017 2018 2019 2020 2021 2022 2023
La nd A c qui s it ion 50,000
Building Lease Payments
Building Purchase Costs
NewBuilding C onst r uc ti on519,000,000
Existing Building Improvements
New Machinery&Equipment
Special Tooling/Retooling
N e w F urni tu r e/Fixtures
Ne w Computer/I T Hardw are
Ne w S of tw are
On-sit e R ai l In frast r ucture
On-sit e Fib er Infrast ructure
TO TAL0
Full-Time Permanent Indiana-Resident Positions by Calendar Year
Cal endar Y ear Jobs r et a ine d T ota lhourly C u mu lat iv e#of net
NEW full time
Hourly average wage,w/o Total training Total#to be
wa g e w/o p erm ane n t jo b s c r e a t e d at p r oje c t ben ef its or bonuses,o f exp enditur e- t r ained-not
fringe o r cu m u la tive net new job s not cumu lati v e
bon u ses cu m u lative
d2021 8 25+($50,000/year) $20,000
12 25+($50,000/year)
15 25+($50,000/year)
202 5
2 0 26
2 0 2 7
Provide hourly wage information for new employees in the following positions.
Full t im e Pa rt time
Labore rs
Techni ca l
Man age r ial 12 within three(3)years
A dmin istrative 3 within three(3)years
Who will e the individual responsible for coordinating wit
WorkOne o n re c r uit ing?
Randall Hesser
D o es you rc ompan y have a n EEOhiring policyl Yes
A re y o u an E E O e m p loye r?
Yes
Please list the n umb e r
of full time and part ti me minority an d/or female e mployees for each o f Plea se d e s crib e you r c ommitment to
th e last th ree year s: diversity and inclusion by detailing your
outr each and recruitment effo r ts for the l a st
Year N/A NA N/A t hree ye a r s as w ell a s current p o lici e s.
F ull Ti me Part T ime Full T ime Part Tim e Full Ti me Part-rime
Black
Hispanic
Asian
Indian
F emal e
Other
Complete tselow for Real or Personal Property Tax Abatement oily.
Please sign for all requested incentives.
enefit Item:
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Pr ovide C hild Care
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G. Pr ovid e Ernplc, Assisted
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Sub-total Wage&Benefit Related:16 2
R. Rr .-Workforce Related:- - - -
h '"ui r
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l
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C Maintain hve.Ac ti on P lan 3 5
D i-r o v Id e Targeted Hiring Pr ef erence 34
Su b*dl_W ork forc e Related: 152
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Name of-Facility
Sub-to t a l
Mun icip al
Facility.. U F—'
S ub-t o t al from Abov e:
y•p
Theun clersigne d°owner[s]of real
property;l ocated within
th e
City of Sou th Bend,herby p etiti on t h e
t6t ' ri Council of the City
of South Bend for a realend/or personal property tax abatement consideration and pursuant to I.C.,6-1:1-12.1-1,et seq.;and
South Bend Municipal Code Sec.2-76 et seq-;for this petition state the above.
Submitted
By: n Date:'-_,-
I November 2&-, 2017
00
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points
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2
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FORM SBASBA I Real Property
y --.!
State Form 51767(R6 110-14)
Prescribed by the Department of Local Government Finance PRIVACY NOTICE
This sta t ement isbeing com p let ed for real property that qua lifi es unde r thefollowing Indiana Code(check one box): Any information concerning the cost
Redevelopment or rehabil ita t ion of real estate improvements IC 6-
1.1-12.1-4
of the property and specific salaries
p p paid to individual employees by the
Residentially distressed area(IC 6-
1.1-12.1-4.1)property owner is confidential per
C 6-1.1-12.1-5.1
INSTRUCTIONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing ifthe designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area- Otherwise,this statement must be
submitted to the designating bodyBEFORE the redevelopment or rehabilitation ofrealproperty for which the person wishes to claim a deduction.
2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of
the redevelopment orrehabilitation for which the person desires to claim a deduction.
3. To obtain a deduction,a Form 3221REmustbe filed with the County Auditor before May 10 in the yearin which the addition to assessed valuation is
made or not later than thirty(30)days after the assessment notice is mailed to the property ownerifit was mailed afterApril 10. A property owner who
failed to file a deduction application within the prescribed deadline may No an application between March 1 and May 10 of a subsequentyear.
4. Aproperty owner who files for the deduction mustprovide the County Auditorand designating body with a Form CF-1/Real Property, The Form CF-1/Real
Propertyshouldbe attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable.
IC 6-1.1-12.1-5.1(b)
5. For a Form SB-11Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each
deduction allowed. For a Form SB-1/Real Property that is approvedprior to July 1, 2013, the abatement schedule approved by the designating body
remains in effect. IC 6-1.1-12.1-17
SECTION TAXPAYER INFORMATION
N am e of taxpayer
River Park Leasing Corporation
Address of taxpayer(number and street,city,state,and ZIP code)
c/o Randall Hesser; 121 West Franklin, Suite 400; Elkhart, Indiana 46516
Name of cont ac t person Tel ep hone nu mbe r E-mail add ress
Randall Hesser 1( 574) 294-7491
SECTION 2 LOCATION AND D PROJECT
Name o f
designating body Re solution n umber
Common Council of City of South Bend
Location o f
pr operty County DLGF taxing district number
SW Corner of Main St. and Jefferson Blvd., South B
I St. Joseph 71-011
Description of realproperty impr ovements,r ede v elo pm en t,or re ha bi li tation(use ad dit ion al s hee t s
ifnecessary) Estimated start date(month,day,year)
Proposed investment o f at least$9,000,000 to the development a nd constru ction of a new offic e
building(with first March 2018
floor retail)at the SW comer of Main Street and Jefferson Blvd.,in South Bend,Indiana.Estimated completion date(month,day,year)
July 2019
SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT
Current nu mb er S alaries N um ber r eta in ed Salaries Number add it ion al Salaries
15 750000
r
REAL ESTATE IMPROVEMENTS
COST ASSESSED VALUE
Current values
Plus e stima ted valu es of propos e d project
Q
Less values ofany property being replaced
Net es timated v alues upon comp letion of pro ject90000M ,
SECTIOW5 WASTE CONVERTED AND OPROMISED BY THE TAXPAYER
Estimated soli d was te converte d(poun ds) Estimated hazardous waste converted(pounds)
l'99181jsestimates thatthe project will result in the creation of at least 15 new full time jobs having an annual payroll of$750,000 within
three years of building completion. These jobs are in addition to the creation of employment by tenants within the first floor retail and
office tenants on floors 2-4 of the building.
CERTIFICATION
1 hereby certify that the representations in this statement are true.
Signature of aut ho' ed rep re se nta t iveDate signed(month,day,year)
Nov. t0 , 2017
Printed n am e of aut hori ze d rep re s e nta tive
Title
Of.nrt Ck-cJ 9 -+9 JSr//
60.
We find that thb applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed
under IC 6-1.1-12.1,provides for the following limitations:
A. The designated ar ea has been limited to a perio d of time not to e xceed calendar years*(see below). The date this designation
expires is
B. The type of deduction that is allowed in the designated area is limited to:
1.Redevelopment o r reha b ili t atio n of real estate improvements Yes No
2.
Residentially distressed area s Yes No
C. The amount of the deduction applicable is limited to$
D. Other limitations or conditions(specify)
E. Number of years all o w e d: Year 1 Year 2 Year 3 Year 4 Year 5 (*see below)
Year 6 Year 7 Year 8 Year 9 Year 10
F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17?
Yes No
If yes,attach a copy of the abatement schedule to this form.
If no,the designating body is required to establish an abatement schedule before the deduction can be determined.
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved(si gna ture a nd title of au t hori ze d m ember of
designating body) Telephone nu mber
Date signed(month,day,year)
Pr in ted na me of aut hori ze d m em ber of
designating body Name of designating body
At testedby(sign atu re and We o f attesfe6 P rinted n ame of at tester
Ifthe designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a
taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17.
A. For residentially distressed areas where the Form SBA/Real Property was approved prior to July 1,2013,the deductions established in IC
6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30,
2013,the designating body is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten
10)years. (See IC 6-1.1-12.1-17 below.)
B. For the redevelopment or rehabilitation of real property where the Form SBA/Real Property was approved prior to July 1,2013,the abatement
schedule approved by the designating body remains in effect.For a Form SBA/Real Property that is approved after June 30,2013,the designating
body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.)
IC 6-1.1-12.1-17
Abatement schedules
Sec.17.(a)Adesignating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under
section 4 or 4.5 of this chapter an abatement schedule based on the following factors:
1) The total amount of the taxpayers investment in real and personal property.
2) The number of new full-time equivalent jobs created.
3) The average wage of the new employees compared to the state minimum wage.
4) The infrastructure requirements for the taxpayer's investment.
b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule
for each deduction allowed underthis chapter. An abatement schedule must specify the percentage amount of the deduction for each year of
the deduction. An abatement schedule may not exceed ten(10)years.
c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under
the terms of the resolution approving the taxpayers statement of benefits.
r
ed in Clerk's Office
NOV 212017
KAREEMAH FOWLER
LCJE CLERK,SOUYH RE U,IN
U d
P EACE
a
1865
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
November 29, 2017
Tim Scott, President
South Bend Common Council
4th Floor, County-City Building
RE: A Resolution of the Common Council of the City of South Bend,Indiana,
Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of
Services to an Annexation Area in German Township (Baney Annexation Area)
Dear President Scott:
I am attaching for filing the above resolution, which is a companion to Bill No. 67-17.
That bill proposes to voluntarily annex contiguous territory in German Township to the
City of South Bend. This resolution provides for the Common Council's approval and
adoption of the written plan and policy concerning the provision of services, both capital
and non-capital, to the territory to be annexed.
This 9.65-acre annexation area contains one parcel on the north side of Douglas Road
Nimtz Parkway) west ofthe St. Joseph Valley Parkway. All public improvements, if
any, will be required to be done at the expense of the developer.
I request that the attached resolution be placed on the December 11, 2017, agenda of the
Common Council meeting at which the companion Bill is given Second Reading. I will
be attending the meeting, as well as theZoning & Annexation Committee hearing, as the
presenter.
If you
have any questions,please
feel free to contactme at 235-5843. Thank you.
Sincerely,
r'i Filed in Clerk's Office
Michael P. Divita, AICP
NOV 2 9 2017
Planner
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
EXCELLENCE ACCOUNTABILITY I INNOVATION j INCLUSION I EMPOWERMENT
1400S County-CityBuilding 1 227 W.Jefferson Bvld.I South Bend,Indiana466011 p 574.
235.93711 www.southbendin.go v
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND,INDIANA,ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN TOWNSHIP
BANEY ANNEXATION AREA)
WHEREAS,there has been submitted to the Common Council ofthe City of South Bend,
Indiana,an
Ordinance and a petition
by all(
100%)property owners which proposes the annexation
ofreal estate located in German Township, St. Joseph County, Indiana,which is more particularly
described at Section I ofthis Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately 9.65 acres
of
land containing a single-
family house which property is at
least 12.5%contiguous to the current
City limits, i.e.,
100% contiguous, generally located on the north side of Cleveland Road (Nimtz
Parkway) west of
the St. Joseph Valley Parkway (24605Cleveland Road). It is anticipated that
the annexation area will be used for light industrial uses; and
WHEREAS,this development will require a basic level of municipal public services of a
non-capital improvement nature,including police and fire protection,street and road maintenance,
street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital
improvement nature, including street and road construction, sidewalks, street lighting, a sanitary
sewer system, a water distribution system, and a storm water system and drainage plan; and
WHEREAS,the South Bend Common Council now desires to establish and adopt a fiscal
plan andestablish a
definite policy showing: (1) the cost estimates of services of a non-capital
nature,including police and fire protection,street and road maintenance, street sweeping,flushing,
and snow removal,and sewage collection,and other non-capital services normally provided within
the corporate boundaries; and services of a capital improvement nature including street and road
construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm
water system to befurnished to the territory to
be annexed; (
2) the method(s) of financing those
services; (3) the plan
for the organization and extension of
those services; (
4) that services of a
non-capital nature will be provided to the annexed area within one(1) year after the effective date
of the annexation, and that they will be provided in a manner equivalent in standard and scope to
similar non-capital services provided to areas within the corporate boundaries of the City of South
Bend, regardless of similar
topography, patterns of land use, and population
density; (5) that
services of a capital improvement nature will be provided to the annexed area within three (3)
years after the effective date of the annexation within the same manner as those services are
provided to areas within the corporate boundaries of the City of South Bend regardless of similar
topography, patterns of land use, or population density, and in a manner consistent with federal,
state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees
or other governmental entities whose jobs will be eliminated by the proposed annexation.
1
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,AS FOLLOWS:
Section I. It is in the best interest ofthe City of South Bend and the area proposed to be
annexed that the following described real property located in German Township, St. Joseph
County, Indiana be annexed to the City of South Bend:
The West Half ofthe East Half of the Southeast Quarter ofthe Southwest Quarter of
SectionNineteen(19), Township Thirty-Eight(3 8)North, Range Two (2) East,
containing ten(10) acres, more or less, excepting therefrom the south 40.00 feet
measured at right angles, ofthe West Half of the East Half of the Southeast Quarter
ofthe Southwest Quarter of Section 19, Township 38 North, Range 2 East, German
Township, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Southeast Corner ofthe Southwest Quarter(SW '/4) of Section
19; thence North 89°51'49" West along said South Line ofthe Southwest Quarter
SW %4) a distance of 331.51 feet; thence North 00°24'05" West, 40.00 feet to the
North Right of Way Line of Cleveland Road, and to the point ofbeginning ofthis
description; thence North 89°51'49" West, being 40 feet North of and parallel with
the South Line of the Southwest Quarter of said Section 19, a distance of 328.86 feet,
to the East Line of the recorded plat of"Wells Electronics Minor"as known and
recorded in the Office ofthe Recorder of St. Joseph County in Instrument Number
9540132; thence North 00°25'16" West, along said East Line and also along the East
Line of Lot 1 in the recorded plat of"Fawn Development Minor Subdivision"as
known and recorded in the Office of the Recorder of St. Joseph County in Instrument
Number 9749756, a distance of 1276.63 feet to the South Line of Lot 2 in the
recorded plat of"Olive Road Commerce Park Ameriplex Minor Subdivision" as
known and recorded in the Office of the Recorder of St. Joseph County in Instrument
Number 0157246; thence North 89°51'00" East, along said South Line and also
along the South Line of Lot AAA in the recorded plat of"Olive Road Commerce
Park-Second Replat", as known and recorded in the Office of St. Joseph County in
Instrument Number 0035547, a distance of 329.28 feet,to the West Line of a parcel
of land owned by"31 Nimtz Land, LLC"and recorded in the Office of the Recorder
of St. Joseph County in Instrument Number 1704026, and as shown on Instrument
Number1611106 -A Recorded Survey; thence South 00°24'05" East, along said
West Line, a distance of 1278.27 feet to the aforementioned point ofbeginning.
Above description containing 9.65 acres of land more or less, and is subject to all
easements, restrictions, and public rights of way of record.
2
Section II. It shall be and hereby is now declared and established that it is the policy of
the City of South Bend, to furnish to said territory services ofa non-capital nature, such as police
and fire protection, street and road maintenance, street sweeping, flushing, and snow removal,
within one (1) year of the effective date of the annexation in a manner equivalent in standard and
scope to services furnished by the City to other areas ofthe City regardless of similar topography,
patterns of land utilization, and population density; and to furnish to said territory, services of a
capital improvement nature such as street and road construction, sidewalks, a street light system,
a sanitary sewer system, a water distribution system, a storm water system and drainage plan,
within three (3) years ofthe effective date ofthe annexation in the same manner as those services
are provided to areas within the corporate boundaries of the City of South Bend regardless of
similar topography,patterns of land use, or population density.
Section III. The South Bend Common Council, shall and does hereby now establish and
adopt
the
Fiscal Plan, attached
hereto as Exhibit"A",and made a part hereof, for the furnishing of
said services to the territory to be annexed, which provides, among other things, that the public
sanitary sewer and water network is available with capacity sufficient to service this area with the
developer to pay the costs for lateral extensions and any improvements in sewer or water capacity
as well as a City-approved drainage system, all in compliance with state and local law; that no
additional street lighting will be necessary; that no new roads or streets will be required.
Section IV. Site planning should employ Complete Streets principles; and sidewalks
should be provided along public streets and be in compliance with the Americans with Disabilities
Act (ADA).
Section V. It is required as a condition of annexation that any future alterations to the
property meet the City of South Bend's building and zoning requirements.
Section VI. This Resolution shall be effective from and of the date of adoption by the
Common Council.
Member, South Bend Common Council
Filed in Clerk's Office
3 NOV 2 9 2017
KAREEMAH FOWLER
CITYCLERK,SOUTH BEND,IN
Exhibit "A"
THE CITY OF SOUTH BEND
FISCAL PLAN
BAN EY
ANNEXATION AREA
Prepared by
City of South Bend
Department of Community Investment
227 W. Jefferson Blvd., Suite 1400S
South Bend, IN 46601
October 30, 2017
Baney Annexation Area 2
TABLE OF CONTENTS
SECTION I.INTRODUCTION...............................................................................3
SECTION II. GENERAL DATA...............................................................................3
A. Location
B. Legal Description
C. Contiguity
D. Size of Annexation Area
E. Buildings & Land Use
F. Zoning & Subdivisions
G. Population
H. Tax Rate & Impact
I. Parcel Ownership & Assessments
J. Municipal Legislative District
K. Hiring Plan
SECTION III. MUNICIPAL SERVICES....................................................................6
A. Public Works
B. Police Department
C. Fire Department & EMS
D. Code Enforcement
E. Environmental Services
F. Administrative Services
SECTION IV. LAND USE ANALYSIS & DEVELOPMENTCRITERIA.......................11
SECTION V. FISCAL IMPACT...............................................................................12
Fiscal Impact: TABLE 1
SECTIONVl. APPROVAL.......................................................................................14
LegalDescription ......................................................................................................15
Map: MAP 1 ....................................................................................................16
Baney Annexation Area 3
SECTION I. INTRODUCTION
This Fiscal Plan represents
theCity of
South Bend's (hereinafter, "City") policy for the
annexation of property in German Township, St. Joseph County, Indiana (hereinafter,
Annexation Area"), and was developed through the cooperative efforts of the Area Plan
Commission and the following City Departments:
Legal Department
Department of Public Works
South Bend Fire Department
South Bend Police Department
Department of Code Enforcement
Department of Community Investment
Department of
Administration & Finance
SECTION II. GENERAL DATA
A. Location
The Annexation Area is located on Cleveland Road (Nimtz Parkway) west of the St. Joseph
Valley Parkway (24605 Cleveland Road). See Map 1.
B. Legal Description
The Annexation Area is part of the Southeast Quarter of the Southwest Quarter of Section 19,
Township 38 North, Range 2 East, in German Township, St. Joseph County, Indiana. For a
complete legal description, see Page 15.
C. Contiguity
The Annexation Area is at
least 1/8 (12.5%) contiguous to the current City limits:
Contiguous 3,213.0 feet 100.0%
Non-Contiguous 0.0 feet0.0%
Total3,213.0 feet 100.0%
D. Size of Annexation Area
The AnnexationArea is approximately 9.65 acres
in area.
Baney Annexation Area 4
E. Buildings & Land Use
The Annexation Area contains one single-
family house on a wooded lot. Light industrial uses,
such as manufacturing, assembly, distribution, and warehousing, are proposed for the land.
F. Zoning&Subdivisions
The one property in the Annexation Area is currently zoned "A" Agricultural District in St.
Joseph County. With the annexation petition, the petitioner seeks to rezone the land to "LI"
Light Industrial District in the City. The Annexation Area does not fall within any subdivision of
record.
G. Population
No people currently reside in the Annexation Area. After development, no residents are
proposed to live in the Annexation Area.
H. Tax Rate & Impact
The tax rates used are those of 2016 payable 2017. The total tax rate for unincorporated
German Township is 2.6362 per $
100 of taxable real estate. The total tax rate for South
Bend German Township is 5.9486 per $
100 of taxable real estate.
Per State law, the tax caps expressed as a percentage of the gross assessed value for
different classifications of property are as follows, regardless of the property's location being
within South Bend or unincorporated St. Joseph County:
Property TypeCap
Homestead Residential 1.0%
Non-Homestead Residential 2.0%
Agricultural 2.0%
Other (Commercial) 3.0%
For at least the four years after the effective date of the annexation, the expected tax rates,
tax levies, expenditure levels, service levels, and annual debt service payments are estimated
to be approximately the same as those in effect at the time of annexation for each of the
political subdivisions to which the proposed annexation applies.
Because of the relatively small size of the Annexation Area and its assessed value relative to
the total size and tax base of the various political subdivisions, this annexation is expected, for
at least four years after the effective date of this annexation, to have a negligible impact on
the finances and
tax revenues of South Bend and other politicalsubdivisions to which
the
Baney Annexation Area5
proposed annexation applies, on the political subdivisions in St. Joseph County not part of this
annexation, and on taxpayers not part of this annexation.
I. ParcelOwnership &Assessments
Parcel Assessed
Identification Address Parcel Owner Value
Number Total)
04-1011-018901 24605Cleveland Road
The Estate of] NormaJ.
101,400
Baney
Total Assessments
Land: 20,100
Improvements:81,300
Total (Gross): 101,400
Total (Net): 25,300
Assessments are based on 2017 payable 2018 St. Joseph County property tax records.
J. Municipal Legislative District
The Annexation Area will be in the 1st District.
K. Hiring Plan
This annexation is not anticipated to result in the elimination of jobs for employees of any
other governmental entities. The German Township Trustee has been notified of this
proposed annexation.
Baney Annexation Area 6
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sewer - A 36"-diameter sanitary sewer main runs along the eastbound lanes of Cleveland
Road (Nimtz Parkway) adjacent to the southern end of the Annexation Area. At the north end
of the Annexation Area, a 15" main is located near the centerline of Eagle Way. That main
and any stub for future connection were constructed as part of the 2004 Olive Road
Commerce Park Project. Extension to the Annexation Area would require an Indiana
Department of Environmental Management permit. Any future sewer main extension should
also anticipate connection for the parcel to the east of the Annexation Area.
Development of the site requires City approval of a drainage plan that meets the City's
requirement to store on site all runoff from developed areas. Connection to the City storm
sewer is not permitted.
Water-The South Bend Water Works currently has a 12" water main that runs on the south
side of
Cleveland Road (Nimtz Parkway). This water main would provide sufficient capacity for
the Annexation Area. Also, a 10" water main is located near the centerline of Eagle Way.
Extensions of, or taps into sanitary sewer and water lines shall be governed by state law and
the rules and regulations of the South Bend Water Works and Sewer Utility. The Annexation
Area will be subject to system development charges for both water and sewer services.
Street Lighting - Street lighting is provided along Cleveland Road (Nimtz Parkway) at the
southernedge of
the Annexation Area. Should any additional lighting be necessary, street
lighting on wood poles with overhead wiring can be provided through an ongoing contract with
Indiana Michigan Power. If the developer wishes to construct and dedicate additional street
lighting, especially of a decorative nature or with underground wiring, the City may accept it for
maintenance and operation, supported by property tax revenue.
Waivers of
Annexation - No waivers of right to remonstrate against annexation are in effect
for this area.
Streets - No newpublic streets are proposed with
this annexation.
The portion of Cleveland
Road (Nimtz Parkway) adjacent to the Annexation Area is already within
the city limits. If any
changes are made to property access, including the driveway on Cleveland Road (Nimtz
Parkway), a City Curb Cut Application will be required.
The petitioner may be responsible for installing sidewalks along the north side of Cleveland
Road (Nimtz Parkway) adjacent to the annexation parcel as it develops.
Baney AnnexationArea 7
2016 Actual Budget Report for the Department:
Expenditures:13,682,549
Miles of
Roadway inCity: @502
Cost per Mile: @$27,256
New Mileage within
Area: @0.00 miles (0 feet)
Estimated Maintenance Cost
forAnnexation Area per year: @$0
Baney Annexation Area g
B. Police Department
The Annexation Area would be added
to the existing Beat 22. Police patrols, traffic
enforcement, and emergency responses will be part of the services the City will offer to this
area.
This proposed annexation would require officers to cover a relatively small additional
area on this beat.
At this time, it is not expected that this annexation would cause calls for service to increase
significantly, and it is not anticipated that it will be necessary to increase police patrols beyond
the existing beat patrol. The addition of this Annexation Area will not significantly increase
response time within the beat.
The cost for servicing the proposed area is not expected to impact the existing budget of the
Police Department with any significance. The patrol costs would be assumed by the Police
Department budget. However, this area, as well as all other areas of the City, will continually
be monitored for level of service demands and other criteria that would necessitate additional
resources through budgetary increases or possible shifting of existing resources, such as a
beat restructure.
Police services and response time in this area can be expected to be comparable with that as
in all other areas of the City. Police coverage to this area could begin immediately upon
annexation.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2016 Actual Budget Report for the Department:
Expenditures (including pension cost): 38,121,438
Number of
Households in City (2010): @39,760
Cost per
Household: @$959
Number of
Parcels in City (2017):@48,000
Cost per
Parcel: @$794
Proposed Number of
Households in Area: 0
Proposed Number of
Parcels in Area: 1
Costfor Annexation Area per year: 794 (1 parcel x $
794/ parcel)
Baney Annexation Area 9
C. FireDepartment& EMS
Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire
department. The AnnexationArea will
be servicedprimarily by Fire Station #11, located at
3505 N. Bendix Drive, approximately 3.2 miles away. Additional Fire Department units would
respond
from Fire Station #7 at 1616 Portage Avenue, which is approximately 5.4 miles away.
The South Bend Fire Department does not foresee any unusual fire protection problems
related
to this annexation.
Response times will be comparable to other areas of the City. No
additional equipment will need to be purchased or personnel hired to service the Annexation
Area. Fire coverage to this area could begin immediately upon annexation.
Adequate water
supply will be necessary as development takes place.
Emergency Medical Response - The City will provide emergency medical response to the
Annexation Area. This area will be serviced
by Medic #11, which
is at
Fire Station #11,
located at
3505 N. Bendix Drive (approximately 3.2 miles away), and
Medic #4, which is at
Fire Station #4, located at 220 N. Olive Street (approximately 5.7 miles away).
Response times will
be comparable
to other areas of
theCity. No additional equipment will
need
to
be purchased or personnel hired to service the
Annexation Area. Emergency medical
services are supported by user fees and would be available upon annexation.
Note: The cost of service for this Annexation Area is based on the number of parcels.
Household information is provided for comparative purposes.
2016 Actual Budget Report for the Department:
Expenditures (including pension cost): $
34,455,772
Number of
Householdsin City (2010): @39,760
Cost per
Household:@$867
Number of Parcels in City (2017): @48,000
Cost per Parcel: @$718
Proposed Number of
Households in Area: 0
Proposed Number of Parcels inArea: 1
Cost for Annexation Area per year:
718 (1 parcel x $
718/ parcel)
D. Code Enforcement
The Annexation Area will be added to Area 8. The Department of Code Enforcement will be
able to provide services to the Annexation Area with comparable response times. The
Department willrespond to calls for service upon
the effective
date of
the annexation. Full
and dedicated response will be in place within one year of the effective date of the
annexation.
Baney Annexation Area
10
2016 Actual Budget Report for the Department:
Expenditures: 3,722,813
Number of Parcels in City (2017): @48,000
Cost per
Parcel: @$78
Proposed Number of
Parcels in Area: 1
Cost for Annexation Area per year:
78 (1 parcel x $78/ parcel)
E. Environmental Services
Wastewater Treatment-Wastewater treatment services are supported by user fees and are
paid through the Water Works billing system.
Solid Waste - Larger scale commercial or industrial customers are generally not served by the
Bureau of Solid Waste. However, the Bureau of Solid Waste can provide service to small
commercialcustomers at $
16.22 per month, or the prevailing rate at that time, for a 96-gallon
container with service beginning on the effective date of the annexation.
F. Administrative Services
The City of South Bend provides a wide range of services other than those noted above, such
as the Mayor's Office, the Legal Department, and
Venues Parks & Arts.
These services areavailable upon
the effective date of
the annexation.
Full and dedicated
response for non-capital services will be in place within one year of the effective date of the
annexation.
Costs for these services have not been calculated.
The incorporation of the Annexation Area will not affect the provision of other services
currently provided to this property on a countywide basis. The St. Joseph County Health
Department, the St. Joseph County Public Library, the Area Plan Commission, and the St.
Joseph County/South Bend Building Department are among the countywide agencies that will
continue to provide the same type and level of services to the Annexation Area.
Countywide services will continue to be supported by the County and Township taxes that will
remain in effect.
Baney Annexation Area 11
SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA
This proposed annexation will add one single-family house on a wooded lot to the City of South
Bend. The petitioner proposes to develop the parcel for light industrial uses. The Annexation
Area is presently zoned "A" Agricultural District in unincorporated St. Joseph County. A light
industrial use zoned "LI" Light IndustrialDistrict intheCity is located to the north.
To the east
and to the south are wooded parcels zoned "LI" Light Industrial District in the City. To the
west are light industrial uses zoned "LI" Light Industrial District in the City.
The Annexation Area is located on Cleveland Road/Nimtz Parkway west of the St. Joseph
Valley Parkway, an area designated for light industrial uses on the future land use map of City
Plan, South Bend'scomprehensive plan.
Generally, a combination of light industrial uses and
undeveloped wooded and agricultural land is found in the surrounding area. The site has
excellent access to the St. Joseph Valley Parkway and the Indiana Toll Road.
The petitioner proposes to redevelop the site for light industrial uses, possibly including uses
such as manufacturing, assembly, distribution, and warehousing. The preliminary site plan
does not provide a proposed layout but notes that the project shall meet the City's
development standards.
As part of its site planning, the petitioner should consider physical connections to adjoining
parcels as appropriate. To the extent possible, mature trees and other natural features of the
Annexation Area should be preserved, especially along the project's perimeter. The site
design should orient buildings to public streets. The site should be laid out to minimize
conflicts among vehicles and pedestrians, both on site and at access points from public
streets.
Any improvements or future changes must meet the City's applicable building, zoning, and
subdivision ordinances.
Baney Annexation Area 12
SECTION V. FISCAL IMPACT
1) Essential city services can be made available to the residents (and territory) of the
Annexation Area in a timely and comparable fashion per the requirements of State law and
this fiscal plan.
2) The City is financially able to support city services to the territory sought to be annexed.
3) Required improvements made by the petitioner and/or owner of the parcel(s) must be
made in accordance with the standards of the City of South Bend.
4) Required improvements made by the City, if any, will be completed within the time frames
provided by State law and this fiscal plan.
5) All figures are estimates.
Final cost of capital expenditures, if any, will not be determined
until bids are publicly solicited, contracts are awarded, and projects are closed out.
6) Property tax revenue and land assessment estimates are based on a combination of 2016
payable 2017 tax information, assessments of comparable developments, estimates of units
built, estimates of unit values and land assessments, and tax abatements or adjustments, if
any. Tax rates are subject to change every year, and property tax revenues may be subject to
tax caps.
7) Department expenditures and revenues are derived from the City of South Bend Budget.
8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City-
wide average based on a particular budget year.
In the case of the proposed development in
the Annexation Area, some of these services may not be required or possibly requested for
many years.
Hence, the cost of providing services over the first five years should be evaluated
with this in mind.
Baney Annexation Area 13
TABLE 1
Summary Table - Estimated Fiscal Impact
Expenditures
Capital Non-Capital
Notes 5-Year Total
Est.) Per Year (Est.)
Street Construction 0 0
Connection at
Sewer Extension 0 petitioner's 0
expense
Connection at
Water Extension 0 petitioner's 0
expense
Street Lights 0 0
Street Maintenance 0 0 0
Police 0 794 3,970
Fire 0 718 3,590
Code 0 78 390
Approximate 5-Year Expenditures 7,950
Revenues Notes Total (Est.)5-Year Total
Year l- 685
Year 2 535
Property Taxes
Year 3 535 89,955
to City)
Year 4 44,100
Year 5 44,100
MVH/LRSA
Estimated at revenue
0 0
per mile of$22,520
Approximate 5-Year Revenues 89,955
Revenue estimate based on $
25,500 net assessment and
capped tax rate of 1% of
101,600 gross assessment in Year 1; $20,300 net assessment and capped tax rate of 3%
of$20,300 gross assessment in Years 2 and 3; and $
2,100,000 net assessment and capped
tax rate of
3% of$
2,100,000 gross assessment, first taxable in Year 4.
Baney Annexation Area 14
SECTION VI. APPROVAL
Approved by theCity of
South Bend Common Council this
day of
2017.
Filed in Clerk's Office
NOV 2 9 2017
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
Baney Annexation Area 15
LEGAL DESCRIPTION
The West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section
Nineteen (19), Township Thirty-Eight (38) North, Range Two (2) East, containing ten (10)
acres, more or less, excepting therefrom the south 40.00 feet measured at right angles, of the
West Half of the East Half of the Southeast Quarter of the Southwest Quarter of Section 19,
Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter (SW 1/4) of Section 19; thence
North 89°51'49" West along said South Line of the Southwest Quarter (SW 1/4) a distance of
331.51 feet; thence North 00'24'05" West, 40.00 feet to the North Right of Way Line of
Cleveland Road, and to the point of beginning of this description; thence
North 89°51'49" West, being 40 feet North of and parallel with the South Line of the
Southwest Quarter of said Section 19, a distance of 328.86 feet, to the East Line of the
recorded plat of "Wells Electronics Minor" as known and recorded in the Office of the
Recorder of St. Joseph County in Instrument Number 9540132; thence North
00'25'16" West, along said East Line and also along the East Line of Lot 1 in the recorded
plat of "Fawn Development Minor Subdivision" as known and recorded in the Office of the
Recorder of St. Joseph County in Instrument Number 9749756, a distance of 1276.63 feet to
the South Line of Lot 2 in the recorded plat of "Olive Road Commerce Park Ameriplex Minor
Subdivision" as known and recorded in the Office of the Recorder of St. Joseph County in
Instrument Number 0157246; thence North 89°51'00" East, along said South Line and also
along the South Line of Lot AAA in the recorded plat of "Olive Road Commerce Park-Second
Replat",
as known and recorded in the Office of St. Joseph County in Instrument Number
0035547, a distance of 329.28 feet, to the West Line of a parcel of land owned by "31 Nimtz
Land, LLC" and recorded in the Office of the Recorder of St. Joseph County in Instrument
Number 1704026, and as shown on Instrument Number 1611106 -A Recorded Survey;
thence South 00°24'05" East, along said West Line, a distance of 1278.27 feet to the
aforementioned point of beginning.
Above description containing 9.65 acres of land more or less, and is subject to all easements,
restrictions, and publicrights of way of record.
Baney Annexation Area 16
MAP 1
Baney Annexation Area
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Baney Annexation Area
Fe et
Preparedby City o f South Bend Department of
Community Investment September 21,2017
Filed in Clerk's Office
NOV 2 9 2017
KAREENIAH FOWLER
CITY CLERK,SOUTH BEND,IN
o4
pU T14$
d
12 2 2 S.MICHIGAN STREET V d PHONE 579/ 235-9255
SOUTH BEND,INDIANA 46 6oi-2821
pEA E
FAX 574/235-9305
2865
x Filed in Clerk's Gt ue
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
SOUTH BEND FIRE DEPARTMENT DEC 06 2017
STEPHEN E COX KAREEMAH I=OVJLER
FIRE CHIEFCITY CLERK,SOUTH F3ND IMI
December 5, 2017
Mr.Tim Scott
President, South Bend Common Council
227 W.Jefferson Blvd., Suite 400 S
South Bend,Indiana 46601
RE: A-RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY
OF SOUTH BEND,INDIANA,AND ST.JOSEPH COUNTY,INDIANA,FOR THE
PROVISION OF AMBULANCE SERVICES IN ST.JOSEPH COUNTY
Dear President Scott:
Attached for filing, please find the above-referenced resolution to be considered by the Common
Council at its December 10, 2018 meeting. This resolution approves a two-year interlocal agreement with
St.Joseph County for the City of South Bend to provide ambulance service for those portions ofSt.Joseph
County which do not otherwise have ambulance service available. Following the expiration of the initial
two-year term, the agreement is set to automatically renew for successive one-year periods unless
terminated by either party.
The area to be served is referenced in the agreement and depicted in one of the accompanying
exhibits,but is generally described as all unincorporated portions of St.Joseph County,except for the cities
ofSouth Bend and Mishawaka,property which is owned or operated by the University ofNotre Dame,and
anyother municipal corporation or location within St.Joseph County in which ambulance service is already
provided.
I will be presenting this agreement to the Common Council, along with Assistant Chiefs Todd
Skwarcan and Andy Myer.Your favorable consideration is requested. Please do not hesitate to contact me
if you need additional information.
Sincerely,
Steph n F. Cox,Fire Chief
South Bend Fire Department
0
JAMES Luc=
TODD L.SxwARCAN ANDREWJ.INNER JOHN CORTHIER FEDERICO RODRIGUEZ,JR
Assr.CHIEP OPERATIONsASST.CHIEP SERVICFS ASST.CHIFP EMS Assr.CHIEP TRAINING FIRE MARSHAI.
Filed in Clerk's Office
RESOLUTION NO. DEC o 6 2011
A RESOLUTION OF i -FRE- tJ9A To—\F/-L-FILER
THE COMMON COUNCIL OF THE CITY OF SOUTH BENP,,IbJWSOUI ,REh IN
APPROVING AN INTERLOCAL AGREEMENT BETWEEN
D
THE CITY OF SOUTH BEND,INDIANA,AND ST.JOSEPH COUNTY,INDIANA
FOR THE PROVISION OF AMBULANCE SERVICES IN ST. JOSEPH COUNTY
WHEREAS, the City of South Bend, Indiana, has a long and successful history of
providing emergency medical services to its residents; and
WHEREAS, St. Joseph County, Indiana, wishes to provide the very best emergency
medical services to its residents and believes that such services can be provided by the City of
South Bend; and
WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act, authorizes one or more-
governmental entities to exercise,jointly or by one entity on behalf of others, powers that may be
exercised by such units severally; and
WHEREAS, commencing in December 1997, the City of South Bend has provided
emergency medical services within certain areas ofSt. Joseph County under successive interlocal
agreements, and the parties wish to continue this relationship; and
WHEREAS, the Executives of the City of South Bend and St. Joseph County have
reached an agreement as to the respective rights and responsibilities to be assumed in the
continuation of this relationship, the terms of which are set forth in the Interlocal Agreement
attached to this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I.
The Common Council of the City of South Bend, Indiana, has considered
and hereby ratifies, confirms, and approves the Interlocal Agreement attached to this Resolution,
governing the provision of ambulance services in St. Joseph County, Indiana, by the City of
South Bend, Indiana.
Section II. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
Member, Common Council
Filed in Clerk's Office
INTERLOCAL AGREEMENT DEC 06 2,817
This Interlocal Agreement this"Agreement")is made as ofthe da o-f
2017, by and between the Board of Commissioners of St. Joseph County, Indiana(the "County")
and the
City of South Bend, Indiana(the "
City") (each a"
Parry," and together the"Parties").
WHEREAS, for many years, the Parties have executed interlocal agreements authorizing
the City to provide ambulance services to certain unincorporated areas located within St. Joseph
County,the most recent iteration ofwhich is scheduled to expire on December 31, 2017; and
WHEREAS, the Parties desire to continue the City's provision of ambulance services in
the County and agree that the operations provided for in this Agreement have been and will
continue to be in the best interests of their respective communities; and
WHEREAS,the Parties are governmental entities and political subdivisions organized and
existing pursuant to the laws of the State of Indiana; and
WHEREAS, Ind. Code 36-1-7, the Interlocal Cooperation Act, authorizes one or more
governmental entities to exercise,jointly or by one entity on behalfofothers, powers that may be
exercised by such units severally; and
WHEREAS, the Parties agree that it is desirable, advantageous, and in the public interest
to enter into an Agreement for joint and cooperative action as embodied herein.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein, and pursuant to the authority granted the parties under Ind. Code 36-1-7, the
County and City agree as follows:
Article I.
Statutory Authority; Purpose and Duration of Agreement
Section 1.01.
Authori1y. The Parties make this Agreement under the authority and subject
to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the "Act"). The
Parties agree that, upon its full approval by the City and the County (and their respective fiscal
bodies),this Agreement will satisfy each requirement ofSection 4(a)ofthe Act,exempting it from
the necessity of approval by the Indiana Attorney General.
Section 1.02. Purpose. Pursuant to Section 3(a)(2) of the Act, the Parties agree that the
purpose of this Agreement is to enable the provision of ambulance services by the City to those
portions of St. Joseph County, Indiana,that do not otherwise have ambulance services available.
Section 1.03. Duration. Pursuant to Section 3(a)(1) of the Act,the Parties agree that this
Agreement shall become effective on January 1,2018,and will continue until December 31,2019;
provided,however,that this Agreement shall thereafter automatically renew for successive one(1)
year terms unless terminated as provided herein.
1
Section 1.04. Termination. Pursuant to Section 3(a)(4) of the Act, the Parties agree that
either Party may terminate this Agreement by the adoption ofa resolution by its executive,no later
than July 1 ofthe calendar year such Party wishes to be the final calendar year ofthis Agreement,
resolving to terminate this Agreement as of December 31 of that calendar year. The Parties
recognize that due to the types of services provided,the supplies and equipment required, and the
number of qualified personnel needed to carry out the terms of this Agreement, timely
communication and notice regarding renewal ofthis Agreement is of the essence.
Article II. Administration; Service Area
Section 2.01. Joint Board. Pursuant to Section 3(a)(5)(b)of the Act,the Parties agree that
this Agreement shall be administered through a joint board consisting of six (6) members (the
Joint Board")who shall be:
a)
The three (3) County Commissioners of St. Joseph County, Indiana; and
b)
The Mayor of the City of South Bend, the South Bend Fire Chief, and the South
Bend City Controller.
The Joint Board shall meet annually or as otherwise mutually agreed.
Section 2.02. Service Area.
The Parties agree that the service area governed by this
Agreement is described as all unincorporated portions of St. Joseph County, except for the cities
of South Bend and Mishawaka, property which is owned or operated by the University of Notre
Dame and is served by South Bend under a separate contract with Notre Dame, and any other
municipal corporation or location within St. Joseph County in which ambulance service is already
provided(the"UnincorporatedCounty"). The Unincorporated County is generally depicted in the
attached Exhibit"A,"
which is incorporated into this Agreement.
Article III.
Financing; Staffing; Equipment
Section 3.01. Funding. For the year 2018, the County shall pay to the City an annual
payment of One Million Eight Hundred Eight Thousand Nine Hundred Sixty-Six Dollars
1,808,966.00)payable in twelve (12)monthly payments of One Hundred Fifty Thousand Seven
Hundred Forty-Seven Dollars ($150,747.00) per month. For the year 2019, the County shall pay
to the City an annual payment ofOne Million Eight Hundred Thirty-One Thousand Three Hundred
Seventy-Five Dollars ($
1,831,375.00) payable in twelve (12) monthly payments of One Hundred
Fifty-Two Thousand Six Hundred Fifteen Dollars ($152,615.00)per month.
Section 3.02.
Renewal Funding. The Parties agree that for each additional year after 2019
in which the Agreement is renewed pursuant to Section 1.03 (each "Renewal Year"), the annual
payment from the County to the City shall reflect the City's labor costs based upon the collective
bargaining agreement with Local 362 International Association of Firefighters that is in effect
during the Renewal Year, as well as the salary ordinance passed by the South Bend Common
2
Council for the sworn and non-sworn members of the South Bend Fire Department. The funding
for each Renewal Year shall be calculated in the same manner used to determine the payments set
forth in Section 3.01, and the total payment for each Renewal Year shall be paid in twelve (12)
equal, monthly installments. The City shall notify the County within a reasonable time prior to
each Renewal Year of the total payment to be made for that year in accordance with this section.
Section 3.03.
Accounting. The Parties agree that the City Controller ofthe City of South
Bend has the duty to receive, disburse, and account for all monies generated under this Agreement
in accordance with applicable laws.
Section 3.04. Staffing and Equipment.
The Parties agree that the County shall own and
supply the City with one (1) advance support vehicle with all necessary equipment, and two (2)
heavy duty ambulances with allnecessary equipment (the "Vehicles"), including any additional
equipment required by the ALS Committee of St. Joseph County. The City shall be solely
responsible for proper staffing and operation ofthe Vehicles. Upon termination ofthis Agreement,
there shall be no change in the ownership of the Vehicles, and the City shall enable the return of
the Vehicles to the County's possession by December 31 of the year in which this Agreement is
terminated.
Section 3.05. Equipment Maintenance; Costs; Billing.
The Parties agree that the City
shall perform all routine preventative maintenance and repairs ("Maintenance") on the Vehicles
through
its Division of Central Services ("Central Services")
at a fixed labor rate of Seventy
Dollars ($70.00)per hour(the"Labor Rate").
The rate charged to the County by the City for parts
shall be the standard rate established by Central Services and paid by all Central Services
customers. The Parties agree that the Labor Rate may be amended from time to time, by written
agreement of the Parties. The City shall bill the County monthly for all Maintenance, including
labor for Maintenance and parts, and fuel for the Vehicles. Supporting documentation shall be
provided to the County along with any bill,and payment shall be due no later than thirty(30) days
after the date of billing. In the event that a major repair or replacement of the Vehicles is needed,
it shall be County's responsibility, except if such damage is solely caused by a willful act or gross
negligence of a City employee.
Section 3.06. EquipmentHousing. The Parties agree that at the commencement of this
Agreement the Vehicles shall be housed at:
a. 5303 York Road; or
b. 3505 North Bendix Drive.
In the event that either station is not available for any reason, the County shall be responsible for
providing alternative housing for the Vehicles.
3
Article IV.
User Fees and Collections; Liability
Section 4.01. User Fees.
Unless modified by the Joint Board, the City may charge user
fees for ambulance/medical services
in accordance with §
93.05 ofthe St. Joseph County Code, as
set forth in the attached Exhibit "B," which is incorporated into this Agreement.
Section 4.02. Collections and Remittances.
The Parties agree that the City shall make
reasonable efforts to collect from the ambulance patients served under this Agreement all user fees
charged under Section 4.01,and shall remit to the County within thirty(3 0)days of receipt all user
fees collected, except as otherwise provided herein. The Parties further agree that the City will
provide monthly reports to the County detailing user fees collected, payments made, and service
runs completed pursuant to this Agreement, and the City shall remit to Liberty Township
Ambulance Service, the town of Walkerton, Union North Ambulance Service, and New Carlisle
Ambulance Servicefifty percent (50%)
of any user fees collected for an ALS assist, prior to
remitting to the
County the remaining fifty percent(50%)ofthe user fees collected for that service.
Section 4.03. Indemnification for Non-
City Driver. The Parties recognize that under
certain circumstances,proper medical procedure may necessitate that the two(2)persons assigned
by the City to an ambulance serving the Unincorporated County provide simultaneous medical
care to a patient, further requiring that the ambulance be driven by an EVOC-certified individual
who is not a City employee. The County therefore agrees to indemnify,defend, and hold harmless
the City from any and all claims, actions, causes of action, demands, rights, liens, damages,
medical expenses,costs,loss of service,other expenses,compensation,and judgments whatsoever,
in the event of a vehicle accident or other occurrence related to operation of a vehicle under such
circumstances.
Section 4.04. Liabili . Pursuant to Ind. Code §
36-1-7-7, each party shall be solely and
completely responsible for the acts and omissions of its respective employees,volunteers,officers,
agents, and all other such persons acting in performance of this Agreement. This provision shall
not apply to any claims, actions, causes of action, demands, rights, liens, damages, medical
expenses, costs, loss of service, other expenses, compensation, or judgments arising out of or
caused
by instances covered in Section 4.03,
or pertaining to the development, adoption,
implementation, operation, maintenance or use of the St. Joseph County Public Safety
Communications Center.
Article V. General Provisions
Section 5.01. Amendment.
The Parties, by mutual agreement in writing, may amend,
modify and supplement this Agreement.
The failure of any Party to enforce at any time any
provision of this Agreement shall not be construed to be a waiver of such provision, nor in any
way to affect the validity ofthis Agreement or any part hereof or the right of such party thereafter
to enforce each andevery such provision.
No waiver of any breach of this Agreement shall be
held to constitute a waiver of any other or subsequent breach.
4
Section 5.02. Assignment.
No Party may assign this Agreement or any of its rights,
interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the
express written consent ofthe other Party.
Section 5.03.
Severability.
Should any part of this Agreement be determined by a court
of competent jurisdiction to be invalid,illegal,or against public policy,said offending section shall
be void and of no effect, and shall not render any other section herein, nor this Agreement as a
whole, invalid.
Those rights, interests, obligations, and duties hereunder, which by their nature
should survive, shall remain in effect after termination, suspension, or expiration hereof.
Section 5.04. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-10, neither the City,
the County,nor any oftheir contractors or subcontractors shall discriminate against any employee
or applicant for employment,to be employed in the performance ofany work under this Agreement
with respect to hire,tenure,terms, conditions, or privileges of employment, or any matter directly
or indirectly related to employment,because ofrace,color,religion,sex,disability,national origin,
or ancestry. Breach of this covenant may be regarded as a material breach ofthis Agreement.
Section 5.05. Counterparts.
This Agreement may be executed in counterparts, each of
which when executed shall be deemed to be an original, and such counterparts, together, shall
constitute but one and the same Agreement.
Section 5.06.
Governing Law and Jurisdiction. This Agreement shall be governed by the
laws of the State of Indiana, and any dispute relating to the subject of or arising out of this
Agreement shall be subject to the sole and exclusive jurisdiction ofthe Circuit and Superior Courts
of St. Joseph County, Indiana.
Section 5.07.
Further Assurances. The Parties agree that they will each undertake in good
faith, as permitted by law, any action and execute and deliver any document reasonably required
to carry out the intents and purposes of this Agreement.
Section 5.08. Exhibits. All exhibits described herein and attached hereto are incorporated
into the Agreement by reference.
Section 5.09. Entire Agreement.
This Agreement, as it may be amended from time to
time, encompasses the entire agreement of the Parties concerning its subject matter, and no
understanding, discussion, negotiation, or agreement will be binding on the Parties unless it is set
forth herein.
Signature page follows.]
5
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first above written.
ST. JOSEPH COUNTY,INDIANA CITY OF SOUTH BEND,INDIANA
Andrew T. Kostielney, President of the
Pete Buttigieg, Mayor
Board of Commissioners
ATTEST:
Deborah Fleming, D.M.D., Vice President of
the Board of Commissioners
Kareemah Fowler, City Clerk
Dave Thomas, Member of the
Board of Commissioners
ATTEST:
Michael J. Hamann, St. Joseph County
Auditor
APPROVED pursuant to St. JosephCounty APPROVED pursuant to South Bend
Council Resolution No. Common Council Resolution No.
Rafael Morton, President of
the Tim Scott, President of the South Bend
St. Joseph
County Council Common Council
6
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Filed in Clerk's Office
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DEC 06 2017
U-E-E3~!kk,
f-OW LER
CITY CLERK,SOUTH B NU,IN
11/3/2017 CHAPTER 93:SPECIAL SERVICES PROGRAMS
Print
Saint Joseph County, IN Code of Ordinances
93.05 FEES AND COLLECTIONS.
A)
A user fee shall be charged for all ambulance/medical services provided by the county, either
through direct administration, by contractual services, or by any other mode, as established by the St.
Joseph County Commissioners by specification and/or contract.
B)
Notwithstanding any fees established by division(A) above, the maximum user fee to be charged
any user shall not exceed the fee schedule per the City of South Bend Ordinance No. 9340-02.
C)
The fees established shall be charged per patient run occurrence; provided,however, that when more
than two members of an immediate family residing at the same address are transported by the same
ambulance per incident,the basic fee, mileage fee and emergency fee shall only be billed for two persons.
D)
It will be permissible for an ambulance service to offer membership applications to residents of St.
Joseph County.
1981 Code, § 10.20.050) (Ord. 32-76,passed - - 1976; Ord. 14-88,passed - -1988; 37-94, passed - -1994;
Ord. 97-02, passed 9-10-2002)
Filed in Clerk's Office
DEC 0 6 2017
KAREEMAi;FOWLER
CITY CLERK,SOUTH BFtiD, IIlI
Exhibit B
http://Iibrary.amlega l.com/al pscripts/get-con tent.a spx 1/1
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA
TO APPOINT THE BOARD OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC
WORKS AS ITS AGENTS FOR OVERSEEING THE GUARANTEED ENERGY SAVINGS
CONTRACT FOR VENUES PARKS AND ARTS
Whereas, the City of South Bend desires to implement a program to replace old or failing
equipment with energy-efficient and reliable equipment across many facilities in the Department of
Venues Parks and Arts; and
Whereas, these upgrades will decrease energy consumption and greenhouse gas emissions;
reduce utility, operations, and maintenance budgets; and improve the quality of our parks and public
spaces; and
Whereas, pursuant to Indiana Code §36-1-12.5-5 the Common Council is authorized to enter into
an agreement to participate in a utility efficiency program or a guaranteed savings contract in order to
implement energy savings measures; and
Whereas, in 2015, the City of South Bend executed a guaranteed savings contract for a similar
project at the Century Center, resulting in significant energy cost savings and operational improvements,
and over-performing guaranteed savings by 14.6% in its first year.
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 hereby believes that the following guidelines and policies are
in the best interests of the City of South Bend Indiana in order to advance potential energy efficiencies
and energy savings at Venues Parks and Arts facilities:
1. The Board of Public Works and the Department of Public Works of the City of South Bend Indiana
shall be the authorized agents for the South Bend Common Council for purposes of meeting the
provisions required of Indiana Code §36-1-12.5-5 and other Indiana laws leading up to the final
review of and the execution by the South Bend Common council of a Guaranteed Energy Savings
Contract for implementing a program to replace old or failing equipment with energy-efficient and
reliable equipment across many facilities in the Department of Venues Parks and Arts. Such
authorization would include without limitation the preparation of specifications and evaluation
criteria, advertisement for proposals, opening of proposals, evaluating proposals, rejecting non
responsive proposals, and making advisory recommendations to the Common Council.
2. The Board of Public Works and the Department of Public Works shall make an
advisory recommendation to the South Bend Common Council concerning the selection of a
company to contract with for a Guaranteed Energy Savings Contract, with the South Bend
Common Council retaining the sole and exclusive authority to enter into such a contract.
3. The Board of Public Works and the Department of Public Works are authorized to supervise all
work done on the Guaranteed Savings Contract concerning the Century Center including the
power to authorize change orders and amendments.
4. The Board of Public Works and the Department of Public Works shall report to the South Bend
Common Council via the Parks Recreation Cultural Arts Entertainment Committee and at a
regular Common Council meeting under Special Business as requested by the Council.
Section II This 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
LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECT OR
Angela M. Smith
D,puly D i... o r
q'ARPEAPLLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 II'. J EFFERSON BL VD., ROOM I I+O C OUN TY-CI TIB UILD I NG, SOUTH BEND, INDIA NA +66 01 (5 7+) 235-957 1
December 6, 2017
Honorable Common Council
4th Floor, County-City Building
South Bend, IN 46601
RE: Text Amendment RE: Transfer of Zoning Administration and Updating Rezoning Procedures
APC#2850-17
Dear Council Members:
Enclosed in 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 December 11,
2017 Council meeting, and set it for public hearing at your January 8,2018 Council meeting. The
petition is tentatively scheduled for public hearing at the December 19, 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,
Angela M. Smith
Deputy Director
Filed in Clerk's Office
CC: Bob Palm
DEC 06 2017
KAREEMAH FOWLER
CITY CLERK.SOUTH BEND,IN
SE RVING ST. JOSE PH COU NTY, SOUT H BEND, LAKE VIL L E, NEW CARLIS L E, N ORTH LIBE RTY, O SC EOLA & RO SELA ND
W W W.S T I O S
E P H C O
U N T Y I N D I A N A.C O M/A R E A P L A N
ORDINANCE NO.
AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST JOSEPH
COUNTY,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 9 ADMINISTRATION TO UPDATE PROCEDURES FOR ZONE MAP
AMENDMENT,VARIANCES, SPECIAL EXCEPTION USES,AND WRITTEN
COMMITMENTS ASSOCIATED WITH AREA BOARD OF ZONING APPEALS
APPLICATIOINS; ARTICLE 11 DEFINITIONS TO FURTHER DEFINE THE ZONING
ADMINISTRATOR AS THE EXECUTIVE DIRECTOR OF THE AREA PLAN
COMMISSION;AND ARTICLE 12 FLOODPLAIN REGULATIONS TO DESIGNATE
THE BUILDING COMMISSIONER AS THE FLOODPLAIN ADMINISTRATOR.
STATEMENT OF PURPOSE AND INTENT
Historically the Building Commissioner has also served as the Zoning Administrator for the
City of South Bend, with the Building Department providing the appropriate staff functions
associated with these responsibilities. Throughout the state, these responsibilities are usually
assigned to the planning staff.The Building Department and Area Plan Commission staffs have
worked closely to establish a process and timeline by which these responsibilities will transfer
to the Area Plan Commission on January 1, 2018. As such, various changes to the South Bend
Zoning Ordinance need to be amended to accurately reflect responsibilities and procedures.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9
Administration, Section 21-09.05 (e) Zoning Ordinance Amendment Procedures, subsection
2)Zone Map Amendments, is hereby amended as follows:
A) A proposal for zone map change(s) (
a/k/a rezoning petition) shall be
eempleted in i ts
entirety it shell be filed in the office ofthe City Clerk,,
Reem 455County G't Building, South Bend, indi ..., 46601 Area
Plan Commission, along with all the required documents as outlined in
the application adopted by the Area Plan Commission a-preposed
of-
re z en i 3g6r-dinanee en 8 1/2" x 11 and eever-lel4er. Said
or-dinanee shall eemply with all r-equir-ements as to f; .m ineluding bu
1' it d to
having ., "S te+e f fl e.,t e
f Pe a and 111tent " Said
Di + t within hi h th e ,bjeet
p
e+.ty is 1.. .,te alThe e t:t:.. e
shall ineludewith said
filing, r i t t e list whichnet s
f ftFth all „ e
names, addresses and tax key number-s ef all pr-epefvy ewfler-
300') ef the petitie
South Bend's Neighborhood Based Or-ganizations whose boundaries
inelud "`lcccr d/er are eentlgueus to the subjeet pfopertty. The Dotifie,,o,
shallfile business size (Ne #10) a elepes with n aid pestage
ad d r es s e d
to allr p e ' e
thin three hundred feet(300') efthe
petitionede r t, ,mo d le t;e
p (ifs ilab le),.,b,i eLdrawn toLV
ele e f t he p e t it;e n e d r
petty and..,b,ieh ; e l u de s +root names printed
in Q 1 Q" ., 11" f rmat• e r e
F all pfoposals, t;the Detioner shall
file seventeen (1 7) r s ed site plans of.,,
L.;..1, six (6)will be used by
Afea Plan; and the femaining eleven (11) being used by the Geuneil
and Gler-Ws Offi6e for-infefmatienal pufpeses eniy. Requests fnr
Single Family Distr ets shall be p t
ffefiling e l: ite
plans—The Staffshall prepare an Ordinance for Zone Map Amendment
and forward it, along with the petition,to the Clerk. All fees required
by the Office of the City Clerk shall be paid at time of filing.
G) Upon the Office of the City Clerk receiving a written certification on a
proposed zoning ordinance from the Area Plan Commission pursuant to
Indiana Code Section 36-7-4-605,the Office of the City Clerk shall list
by Bill Number and commonly known address under- the "Unfinished
Business" scetion of on the Common Council's next meeting agenda.
The re..,.,men Ceuneil shall then refer said eert;fieetien to the Ce„r,e:l's
ZoningvLlndvAnnexation., .,.C^ ..-:,+e e f^
V
review and x,dtie,. to
t he full Ge tine:l ands e t th e p ubl i e
leafing date for-the
SECTION II. Chapter 21,Zoning, of the South Bend Municipal Code,Article 9
Administration, Section 21-09.05 (f) Variance and Special Exception Procedures, is hereby
amended as follows:
1) Petitions–
Petitions for a variance ofdevelopment standards or for a special
exception use shall
be filed in the office of the
Zoning
Administrator of the City of South Bend, Indiana. The proposal shall be on the
form(s)provided, available in the Office ofthe Building Gemmissiener Zonin
Administrator.
SECTION III. Chapter 21,Zoning, of the South Bend Municipal Code, Article 9
Administration, Section 21-09.05 (g)Modification or Termination of Commitments,
subsection (1) Form of Filing, is hereby amended as follows:
B) In the case of a modification or termination of commitments permitted
or required by the Board ofZoningAppeals, such petitions shall be on
forms provided
by the
Building Depetent Zoning Administrator of
the City of South Bend.
SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code,Article 11
Definitions, Section 21-11.02 Definitions, is hereby amended as follows:
Zoning Administrator: The individual designated by the Gemmen Go eili this
Or-dinanee as having the responsibility for the interpretation and administration of
this Ordinance. The Executive Director of the Area Plan Commission is hereby
designated as the Zoning Administrator.
SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code,Article 12 Floodplain
Regulations, Section 21-12.04 Administration is hereby amended as follows:
1) Designation of Administrator. The Common Council of the City of South Bend,
Indianahereby appoints the oning dministr- to Building Commissioner to
administer and implement the provisions of this Article and is herein referred to as
the Floodplain Administrator.
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 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
S E R V I N G S T. J O S E P H C O U N T Y, S O U T H B E N D, L A K E V I L L E, N E W C A R L I S L E, N O R T H L I B E R T Y, O S C E O L A & R O S E L A N D
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/A R E A P L A N
December 6, 2017
Honorable Common Council
4th Floor, County-City Building
South Bend, IN 46601
RE: Text Amendment RE: Zoning Enforcement
APC# 2851-17
Dear Council Members:
Enclosed in 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 December 11,
2017 Council meeting, and set it for public hearing at your January 8, 2018 Council meeting. The
petition is tentatively scheduled for public hearing at the December 19, 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,
Angela M. Smith
Deputy Director
CC: Bob Palm
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
L A W R E N C E P. MA G L I OZ Z I
E X E C U T I V E D I R E C T O R
A n g e l a M. S mi t h
D e p u t y D i r e c t o r
2 2 7 W. J E F F E R S O N B L V D., R O O M 1 1 4 0 C O U N T Y-C I T Y B U I L D I N G, S O U T H B E N D, I N D I A N A 4 6 6 0 1 (5 7 4) 2 3 5-9 5 7 1
ORDINANCE NO. ___________
AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH
COUNTY AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE,
ARTICLE 10 ENFORCEMENT BY ADDING THE AREA PLAN COMMISSION TO THE
DESIGNATED ENFORCEMENT STAFF.
STATEMENT OF PURPOSE AND INTENT
Historically the Building Commissioner has also served as the Zoning Administrator for the City
of South Bend. The Building Department has provided the appropriate staff functions associated
with the responsibilities, including but not limited to Zoning Enforcement. Throughout the state,
these responsibilities are usually assigned to the Plan Commission staff. The Building Department
and Area Plan Commission staffs have worked closely to establish a process and timeline by which
these responsibilities will transfer to the Area Plan Commission on January 1, 2018. Some
enforcement activities may still need to be enforced by the Building Department. As such, various
changes to the South Bend Zoning Ordinance need to be amended to appropriately reflect
responsibilities and procedures.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(a) Authority, is hereby amended as follows:
The Building Department of the City of South Bend, the Department of Code
Enforcement of the City of South Bend, the Area Plan Commission of St. Joseph County,
and the Staff of both each departments are hereby designated to enforce the terms and
provisions of this Ordinance in accordance with Indiana law.
SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(f) Violations, is hereby amended as follows:
Subject to the provisions of Section 21-01.03 – Nonconforming Lots, Uses, Buildings,
Structures or Signs, each of the following shall constitute a zoning violation which may
be enforced by the Building Department, the Area Plan Commission, or the Department
of Code Enforcement in accordance with the provisions set forth in Section 21-10 (g)
below:
SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(f) Violations, is hereby amended as follows:
The primary enforcement responsibility for Items (2) and (8) above shall be the vested
with the Building Department, provided however, the Department of Code Enforcement
or the Area Plan Commission may also initiate enforcement of these matters.
The primary enforcement responsibility for Items (3), (4) and (6) shall be vested with the
Department of Code Enforcement, provided however, the Building Department or Area
Plan Commission may also initiate enforcement of these matters.
The enforcement responsibility for Items (1), (5), (7), (9) and (10) shall be vested in both
the Building Department, the Department of Code Enforcement and both or either
department may initiate enforcement of these matters.
The Zoning Administrator and his or her designee shall be responsible for enforcing
against all other zoning violations set forth above; provided, however, that the
Department of Code Enforcement and Building Department shall also be authorized to
initiate enforcement, at their discretion.
SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(h) Fines, subsection (4), is hereby amended by adding a new subsection (B) as
follows:
(B) If enforcement action was initiated by the Area Plan Commission, all fines thus
received shall be deposited with the applicable fund for fines of the Area Plan
Commission.
(B) (C)
(C) (D)
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
Filed in Clerk's Office
PEACE,i DEC 0 6 2017
x x
1865KAREEN?AH FOWLER
CITY CLERK,SOUTH SEND, IN
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
i
December 6,2017
Mr. Tim Scott,President
South Bend Common Council
41 Floor County-City Building
South Bend, IN 46601
RE: Historic Preservation
Dear President Scott:
This ordinance is the second of two necessary Council actions to provide for a smooth transition
ofHistoric Preservation Commission(HPQ staff from the County to the City,as planned for in
the 2018 budget and the adopted interlocal agreement with the County. This second ordinance
will make conforming amendments to the zoning provisions related to historic preservation that
match the interlocal agreement and will follow the normal process through the Area Plan
Commission.
As you know,the UPC will continue to operate in service of the residents and property owners of
the City and the County through this staffing transition. The mission ofthe UPC remains to
identify architecturally or historically significant buildings, structures, sites,and objects;to
promote the protection and preservation of the same in a manner that enhances both human and
economic welfare; and to accommodate development and redevelopment in both the City and
County.
Thank you for your consideration. I, along with representatives from the planning team,will
attend the Committee and Council meetings to address any questions that you may have.
Sincerely,
James Mueller
Executive Director
Department of Community Investment
EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT
1400SCounty-City Building 1 227 W.Jefferson Bvld.I South Bend,Indiana 46601
I p 574.235.93711 www.so ut hbendin.gov
Filed in Clerk's Office
ORDINANCE NO.DEC 0 6 2017
AN ORDINANCE INITIATED BY THE COMMON COUNCI l(
J BEND,IN
SOUTH BEND, INDIANA,AMENDING CHAPTER 21 OF T BED W--
MUNICIPAL CODE, ARTICLE 13 HISTORIC PRESERVATION COMMISSION IN
CONNECTION WITH THE TRANSITION OF HISTORIC PRESERVATION STAFF
TO THE CITY OF SOUTH BEND UNDER AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY.
STATEMENT OF PURPOSE AND INTENT
Pursuant to the Interlocal Agreement dated December 12, 2017, by and between the City
of South Bend (the "
City") and St. Joseph County (the "
County"), as approved by the executive
and legislative bodies of the City and the County in accordance with law,the City and the County
have agreed to transfer management responsibility for historic preservation matters related to the
Historic Preservation Commission of South Bend and St. JosephCounty (the "Commission"),
including the transfer of the employment of certain staff members from the County to the City.
Such transfer will
be effective on
January 1, 2018.
Consistent with the City's acceptance of such
responsibilities and staff members, various changes to Chapter 21, Article 13, of the South Bend
Zoning Ordinance arenecessary and appropriate. It is desirable, advantageous, and in the public
interest ofthe City and its residents to amend the Zoning Ordinance as set forth herein.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana as follows:
SECTION I. Chapter 21,
Zoning, of the South Bend Municipal Code, Article 13 Historic
Preservation Commission, Section 21-13.01(a) is hereby amended to read as follows:
TL,hereby * bushed an e o,,,*g ° The Historic Preservation Commissionriz cr z-ccr c J CUV rr i 1....
originally established
in 1973
is perpetuated with the-member-ship powers and duties
as set
forth in this tiel-the Interlocal Agreement between St. Joseph County and the City
of South Bend dated December 12 2017 as the same may be amended from time to time
in accordance with the law, a copy ofwhich is available for public inspection in the office
of the South Bend City Clerk, and on the City's website.
SECTION 11.
Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Historic
Preservation Commission, Section 21-13.01(b) is hereby amended to read as follows:
b),Membership:
1) Net later than+Wrt (30 days after the effective date of'll,-din nee No. 5565 73 a-A
nonpartisan Historic Preservation Commission of nine (9) members shall continue to be
appointed, all of whom shall be interested and knowledgeable in historic preservation in
the local area. The membership shall be appointed as follows:
1
A) The Mayor and the Common Council of the City of South Bend and the
St. Joseph County Council and Board of Commissioners of St. Joseph County shall
each appoint two (2) at-large-members, designating not more than one (1) member
from any major political party and giving consideration to persons residing in areas
having historic significance; and
B) The eight(8)members appointed above shall in turn appoint the ninth member,
who shall be an architectural historian.
2) The Each members, of the Historic Preservation Commission shall serve without
compensation for a terms of three (3) years;which terms shall continue to be staggered in
accordance with the original provisions for appointment in effect in 1973 which was then
as follows: that t initial shall be a a
rr
teEms, as follows:
A) The Mayor and the Common Council ofthe City of South Bend and the Council
and the Board of Commissioners of St. Joseph County shall each make one
appointment for aterm ofone(1)year and one appointment for a term oftwo(2)years;
and
B) The ninth member shall be appointed for a term of three (3) years.
3)
If a vacancy occurs by resignation or otherwise, the unexpired term shall be filled
within thirty(30) days ofsuch vacancy by the appropriate appointing body.
4) Whenever a Commissioner fails to attend four(4) consecutive, regularly scheduled
meetings,the Historic Preservation Commission may determine the position to be vacant
and certify to the appropriate appointing body that the position is vacant. Within a
reasonable time after receiving such certification,-an4-tbe appropriate appointing body
shall +1 + 'FtJ \«
m/ ,
J
ft r-eeeipt of fiee from the r 7 appoint another
and different Commissioner for the remainder of the unexpired term.
5) Each member ofthe Historic Preservation Commission will serve at the pleasure of
his or her appointing body, and may be removed at any time for any reason or no reason.
SECTION III.
Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Historic
Preservation Commission, Section 21-13.02 ishereby renamed "Section 21-13.02 — Procedures
and responsibilities" and amended as follows:
The Historic Preservation Commission shall have the
following powers and ,
1„+ies-
responsibilities within the corporate boundaries ofthe City of South Bend:
a) Reserved. Adopt bylaws for-efflTifig out the powers and duties set feFth in this SeCA011.
b) Reserved.
c) Reserved. The CowAnission shall hold at least r o an(4) advertised publie hearings to
provide the publie with an eppefPapii-t-y of beeeming ay-we of Cow.-nission business and
make their-views knem%.
d)
Survey, identify, plan for and advise the Common Council and the Area Plan
Commission concerning the establishment of Historic Preservation Districts.
Survey,
2
identify, plan for and advise the Common Council concerning the designation of historic
landmarks.
1) The Historic Preservation Commission shall recommend the designation ofhistoric
landmarks and the establishment of Historic Preservation Districts on the basis of
historical and cultural significance, educational value and suitability for preservation.
2) Historic landmarks shall be designated and Historic Preservation Districts shall be
established by the Common Council through the passage ofan ordinance. Said ordinance
shall be initiated in the usual manner: By the Common Council; by a petition of the
owners offifty(50)percent or more ofthe subject area;or by the AreaPlan Commission.
3)
If any proposed ordinance is introduced to the Common Council for the purpose of
creating a new Historic Preservation District , or repealing, altering, or modifying an
established Historic Preservation District , then prior to referral to the Area Plan
Commission, the proposed ordinance shall be referred by the Common Council to the
Historic Preservation Commission which shall hold a public hearing within ninety (90)
days of the referral,
unless such public hearing was conducted by the Historic
Preservation Commission prior to introduction of the proposed ordinance which shall
satisfy this requirement of a public hearing. The public hearing before the Historic
Preservation Commission shall be for the purpose ofhearing comments on the proposed
ordinance and for the purpose of delivering either a favorable or unfavorable
recommendation to the Common Council. Notice of such hearing shall be given to all
owners ofproperty in the affected Historic Preservation District. Failure ofthe Historic
Preservation Commission to deliver a recommendation within ninety(90)days following
referral by the Common Council shall be considered a favorable recommendation.
4)
If any proposed ordinance is introduced to the Common Council for the purpose of
creating a new historic landmark , or repealing, altering, or modifying an established
historic landmark , then prior to the Common Council's public hearing, the proposed
ordinance shall be referred by the Common Council to the Historic Preservation
Commission which shall hold a public hearing within ninety (90) days of the referral,
unless such public hearing was conducted by the Historic Preservation Commission prior
to introduction ofthe proposed ordinance which shall satisfy this requirement of a public
hearing. The public hearingbeforethe HistoricPreservation Commissionshall be forthe
purpose ofhearing comments onthe proposed ordinance and forthepurpose ofdelivering
either a favorable or unfavorable recommendation to the Common Council. Notice of
such hearing shall be givento all owners ofthe affected historic landmark. Failure ofthe
Historic Preservation Commission to deliver a recommendation within ninety (90) days
following referral
by the Common Council shall be considered a favorable
recommendation.
5) (A) Upon the earlier of the reading ofa proposal for a historic landmark before
the Historic Preservation Commission or upon the filing of an ordinance before the
Common Council for the purpose ofcreating a new historic landmark , the
Commission may declare such proposed new historic landmark to be under interim
protection.
B) Not more than two (2) working days after declaring a building, structure, or
site to be under interim protection under this section, the Historic Preservation
3
Commission shall provide the owner of the building, structure or site with a written
notice of declaration
by personal
delivery or certified mail. The Historic
Preservation Commission shall also notify the Common Council and the St. Joseph
County/South Bend Building Department. In the event the owner cannot be located
after due diligence,the Historic Preservation Commission or the City Department of
Code Enforcement which shall affix a notice of interim protection to the building,
structure, or site. Written notice under this subsection b. must:
i.
Cite the authority ofthe Historic Preservation Commission to putthe building,
structure, or site under interim protection under this section;
ii. Explain the effect of putting the building, structure, or site under interim
protection; and
iii. Indicate that the interim protection is fora maximum period ofsix(6)months.
C)
A building or structure put under interim protection under subsection a.
remains under interim protectionfor aperiod ofsix(6)months,or until an ordinance
designating the landmark is approved or rejectedbythe Common Council,whichever
occurs first.
D)
While a building, structure, or site is under interim protection under this
section;
i.
The building, structure, or site may not be demolished or moved; and
ii. The exterior appearance of the building, structure, or site may not be
conspicuously changed by:
a) Addition;
b) Reconstruction; or
c) Alteration.
E)
The Commission may approve a Certificate of Appropriateness at any time
during the period of interim protection, provided the proposed change meets the
criteria for considering effect of actions on historic buildings in subsection 21-
13.02(e) of this section and any proposed preservation guidelines prepared by the
Historic Preservation Commission for the affected building, structure, or site.
e) Within "HP" Historic Preservation Districts, or as to historic landmarks, the Historic
Preservation Commission shall have the
following powers anda"`' responsibi lities:
1) The Historic Preservation Commission shall issue a certificate of appropriateness
before any one of the following actions is taken: the construction, reconstruction,
alteration,demolition or moving ofany exterior feature ofany building,structure,or use.
Certificates of appropriateness shall be issued in accordance with the stipulations ofthis
article, and the submission ofa certificate of appropriateness shall be accompanied by
fees as prescribed by the Historic Preservation Commission. A listing of such fees shall
bekept on file in the Office ofthe Historic Preservation Commission and the City Clerk's
Office. Such listing shall be kept current and shall be available for public inspection
during regular business hours ofsaid offices.
4
2)
Nothing in this article shall be construed to prevent the ordinary maintenance and
repair ofany building, structure or use which will not involve a change in any exterior
features or to prevent the construction, reconstruction, alteration, demolition, or moving
of any building, structure or use which the Building Commissioner or other official
having such power may certify as required by the public safety because ofan unsafe or
dangerous condition.
Where the Historic Preservation Commission deems it necessary, the Commission may
petition the Common Council for a temporary delay in the issuance of the required
permit(s)-for proposed construction, reconstruction, alteration, demolition or moving of
a designated historic landmark for the purpose of preparing a preservation plan for said
landmark. Such petition shall be for a specified period of time. The Common Council
shall grant the Commission's petition when it finds:
A) That such action will not cause the owner of the subject property to suffer
hardship; and
B)
That such delay will not be injurious to the public health, safety or welfare;
and
C)
That in keeping with the intent of this article, such action is necessary and
appr opr iate.
In no case may the delay granted by the Common Council exceed one (1) year, but the
Commission may petition the Common Council for a continuation of any such delay
grantedby the CommonCouncil in accordancewith the same procedures set forth above
for the initial petition.
3) An application fora building permit, demolition permit, sign permit or moving
permit shall also be deemed to be an application for a certificate of appropriateness.
Within five(5)working days ofreceipt ofsuchapplicationrelative to abuilding,structure
or use in said district, the Building Commissioner shall forward the application to the
Historic Preservation Commission for review and action pursuant to section 21-
13.02(e)(5),below.
4) Where no other permit is required,an application for a certificate of appropriateness
shall be filed with the Historic Preservation Commission on the form prescribed by the
Commission. Said applicant shall include the following information:
A) Name, address and telephone number ofthe applicant
B) Location of the subject building, structure or use;
C) Structural drawings and specifications,floor plans, elevations,cross-sectional
plans,renderings, diagrams or other such plans;
D) Samples of materials to be used, including colors;
E) Where the proposed change includes a sign, a scale drawing showing the
location ofthe sign on the structure or property,the type oflettering,and the method
of illumination; and
F) Other such information as.the Historic Preservation Commission may require
under the provisions ofthis article.
5
5) The Historic Preservation Commission shall consider the application within forty-
five(45) days following its receipt ofthe application for a certificate of appropriateness,
and shall either:
A) Issue a certificate of appropriateness stating that the proposed construction,
recons tructi on, alteration, demolition,
or moving is in conformance with the
provisions ofthis article and authorize the Building Commissioner to issue abuilding
permit,demolition permit, sign permit or moving permit ifrequired; or
B)
Deny the application, stating in writing the reason(s) for such denial. Upon
such denial,the applicant may appeal said denial to the Common Council which shall
make a final determination of the application. Failure of the Historic Preservation
Commission to take such action within sixty(60)days after receipt ofthe application
by the Commission shall constitute approval ofthe application.
In making such determination,the Historic Preservation Commission shall consider
the following:
i. Appropriateness of the proposed construction, reconstruction, alteration,
demolition or moving to the preservation of the historic landmark, specifically,
and/or the Historic Preservation District,generally;
ii. The detriment to the public welfare if the proposed construction,
reconstruction, alteration, demolition or moving is permitted even though it is
not deemed appropriate; and
iii.
The potential hardship that the denial of a certificate of appropriateness would
cause the applicant.
6) Reserved.
7) The Historic Preservation Commission may petition the Building Commissioner or
his or her designee and the Department of Code Enforcement to cause the maintenance
and/or repair of any historic landmark or property in Historic Preservation District(s).
All appropriate legal remedies at the state and local levels shall be utilized by such
officials when seeking compliance with standards established for preserving and
protecting historic landmarks and HistoricPreservation Districts as further addressed in
subparagraph(f)herein,which are in accordance with the intent ofthis article.
8) Within each ofthe Historic Preservation Districts established in accordance with the
provisions of this article, the Historic Preservation Commission shall establish
Neighborhood Development Committees to advise the Historic Preservation
Commission in matters relative to the district which the Committee represents.
f) Establish reasonable andjust standards for the preservation of historic landmark s and
Historic Preservation Districts,
including arch itectural treatment, site development
requirements, and provisions concerning construction, reconstruction, alteration, demolition
or removal ofany building or structure, or parts thereof. Provided,however,that:
1) The Historic Preservation Commission may adopt only those standards necessary to
prevent such construction,reconstruction,alteration,demolition, or removal which is not
in keeping with the purpose and intent ofthis article; and
6
2) Such standards shall be applicable only to the exterior features ofhistoric landmarks
and of buildings or structures within Historic Preservation Districts.
g) Develop historic preservation plans for historic landmarks and districts and, together
with other public or private agencies or officials, assist in the administration and
implementation of such plans.
h) Promote public interest in historic preservation by initiating and carrying on a public
relations and community education program.
i) Advise and assist owners ofhistoric landmarks in the preservation ofthose landmarks.
0) Accept in the name of the City of South Send, through gift, grant, legacy, bequest or
endowment, monies and preservation easements in real property for the purpose of the
preservation of historic landmarks and Historic Preservation Districts. Expenditures of such
money, regardless of the source, must be deposited in a special Historic Preservation
Commission account, and receive prior approval from the Common Council before
expenditures may be made.
k) The provisions ofthis article shall be enforced as provided by Article 10 ofthis chapter.
1) TheHistoric Preservation Commission,as the local government certified by the Indiana
State Historic Preservation Officer and the Secretary ofthe Interior ofthe United States,shall
process National Register of Historic Places InventoryNomination Forms in accordance
with regulations established by the Historic Preservation Commission consistent with the
Indiana Certified Local Government Regulations.
m) The Historic Preservation Commission shall receive and accept preservation
easements, determined by the Commission to be appropriate and acceptable,as follows:
1) The preservation easements shall be created and conveyed in accordance with the
provisions of IC 32-23-5-1 etseq. ("Act");
2) The Commission shall receive, accept, administer, monitor and enforce the
preservation easements in accordance with the provisions of the Act and rules and
regulations adopted by the Commission;
3)
The Commission may charge any person granting a preservation easement to the
Commission a filing and administration fee reasonably relatedto the Commission's costs
of processing, recording and periodically reviewing and monitoring the preservation
easement;
4)
The Commission may enforce the terms and provisions of the documents creating
any preservation easement and may collect from theperson or persons against whom such
enforcement is sought the Commission's costs of enforcement,
including without
limitation court costs and attorneys' fees, and the document creating any preservation
easement accepted by the Commission shall provide for the payment ofsuch enforcement
costs;
5) The Commission may accept a preservation easement only if all persons with an
interest in the subject real property at the time that the easement is granted join in the
grant and conveyance of the easement to the Commission; and
7
6) As used in this subsection (m), preservation easement means a nonpossessory
interest of the Historic Preservation Commission in real property imposing limitations or
affirmative obligations for the purpose of preserving the historical, architectural,
archeological, or cultural aspects of such real property.
SECTION IV. 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
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
8
5°8, City of South Bend 574)235-9321
Fax(574)235-9173
U
Common Council TDD (574) 235 5567
re4C 6
http://www.southbendin.gov
st a
441 Count-City
Building • 227 WV.Jefferson Blvd
South Bend, Indiana 46601
86
Titre Scott December 7, 2017
President
Oliver Davis South Bend Common Council
Vice-President
4th Floor, County-City Building
Gavin Ferlic
Chairperson, Committee South Bend, IN 46601
of the Whole
Tim Scott
Re: Bill No. 88-17 Proposed ordinance adding Area Plan Commission to the
First District
designated enforcement stafffor zoning enforcement
Regina Williams-Preston
Second District
Randv Kelly Dear Council Members:
Third District I am filing a proposed amendment to the Zoning ordinances which adds the Area
jo N1.Broden Plan Commission to the designated enforcement staff for zoning violations. This
Fourth District
amendment is part of the change from the Building Department to the Area Plan
Dr. David Varner
Commission with respect to a number of zoning enforcement activities. The Bill
Fifth Districtshould be set for first reading on December 11, 2017.
Oliver Davis
Sixth District Thank you for your consideration.
Gavin Ferlic
At Large
John Voorde
Sincerely Yours,
At Large
Karen White
At Large
A6 ft
Robert J. Palmer
Attorney for South Bend Common Council
Filed in Clerk's Office
DEC 07 2017
KAREEI_,K FijWLER
TCITY
CLERK,SOUTH BEND,IN
ORDINANCE NO.
AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION OF ST. JOSEPH
COUNTY AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICPAL CODE,
ARTICLE 10 ENFORCEMENT BY ADDING THE AREA PLAN COMMISSION TO THE
DESIGNATED ENFORCEMENT STAFF.
STATEMENT OF PURPOSE AND INTENT
Historically the Building Commissioner has also served as the Zoning Administrator for the City
of South Bend. The Building Department has provided the appropriate staff functions associated
with the responsibilities, including but not limited to Zoning Enforcement. Throughout the state,
these responsibilities are usually assigned to the Plan Commission staff. The Building Department
and Area Plan Commission staffs have worked closely to establish a process and timeline by which
these responsibilities will transfer to the Area Plan Commission on
January 1, 2018. Some
enforcement activities may still need to be enforced by the Building Department. As such,various
changes to the South Bend Zoning Ordinance need to be amended to appropriately reflect
responsibilities and procedures.
NOW THEREFORE BE IT ORDAINED by the Common Council ofthe City of South
Bend, Indiana as follows:
SECTION 1. Chapter 21, Zoning, ofthe South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(a) Authority, is hereby amended as follows:
The Building Department of the City of South Bend, the Department of Code
Enforcement ofthe City of South Bend,the Area Plan Commission ofSt. Joseph County,
and the Staffofboth each departments are hereby designated to enforce the terms and
provisions of this Ordinance in accordance with Indiana law.
SECTION II. Chapter 21,Zoning, ofthe South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(f)Violations, is hereby amended as follows:
Subject to the provisions of Section 21-01.03 —
Nonconforming Lots,Uses, Buildings,
Structures or Signs, each of the following shall constitute a zoning violation which may
be enforced by the Building Department,the Area Plan Commission, or the Department
of Code Enforcement in accordance with the provisions set forth in Section 21-10 (g)
below:
SECTION III. Chapter 21, Zoning, of the South BendMunicipal Code,Article 10 Enforcement,
Section 21-10(f)Violations, is hereby amended as follows:
The primary enforcement responsibility for Items (2) and shall be the vested
with the Building Department,provided however, the Department of Code Enforcement
or the Area Plan Commission may also initiate enforcement of these matters.
The primary enforcementresponsibility for Items (3), (4) and (6) shall be vested with the
Department of Code Enforcement,provided however,the Building DepaAment efArea
Plan Commission may also initiate enforcement of these matters.
The F t
responsibility f items (1), (C) (7) (9) and (1 0) shall be vested in betL,
the Building
The Zoning Administrator and his or her designee shall be responsible for enforcing
against all other zoning violations set forth above; provided, however, that the
Department of Code Enforcement and Building Department shall also be authorized to
initiate enforcement, at their discretion.
SECTION IV. Chapter 21, Zoning, ofthe South Bend Municipal Code, Article 10 Enforcement,
Section 21-10(h) Fines, subsection(4),
is hereby amended by adding a new subsection(B) as
follows:
B) If enforcement action was initiated by the Area Plan Commission, all fines thus
received shall be deposited with the applicable fund for fines of the Area Plan
Commission.
1)-LO
q (D)
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
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
Filed in Clerk's Office
City of South
Bend R DEC 0 5 2011
KAREEMAH FOWLER
Common Council
CITY CLER SOUTH BEND,IN
441 County-City Building • 227 W.Jefferson Blvd
South Bend,Indiana 46601-1830 Fax (574) 235-9173
TDD: (574)235-5567
Tim Scott http://www.southbendin.gov
President
Oliver Davis
Vice-President
November 30, 2017
Gavin Ferlic
Chairperson,Committee South Bend Common Council
o f the Whole
4 Floor, County-City Building
South Bend, IN 46601
Tim Scott
First District
Re: Proposed Mixed Use District Zoning Text Amendments
Regina Williams PrestonDear Council Members:
Second District
I am filing the attached proposed ordinance with the Office ofthe City Clerk.
Randy Kelly The ordinance proposes text amendments to the Zoning Chapter 21 of the South
Third District
Bend Municipal Code to revise permitted uses and development standards for the
MU Mixed Use District. These changes will better support reinvestment in our
Jo M. Broden mixed-use neighborhood centers and traditional pedestrian-oriented design.
Fourth District
These zoning concepts were discussed at the
Zoning&Annexation Committee
David Varner meetings held on August 28, September 25,November 13, and November 27.
Fifth District For procedural purposes, which is required by our Municipal Code and Indiana
Code §
36-7-4-607,these proposed zoning text amendments are being initiated
Oliver Davis by the Common Council.
Sixth District
The proposed ordinances would have first reading by the Common Council on
Gavin Ferlic December 11. Thank you for your consideration.
At Large
John Voorde
Sincerely,
At Large
Karen White
y
At Large
o M. Broden John Voorde
South Bend Common Council South Bend Common Council
Council Member, 4th District Council Member At Large
Attachment
cc:
Larry Magliozzi, Executive Director,Area Plan Commission
Angela Smith, Deputy Director, Area Plan Commission
Michael Divita, Planner, South BendCommunity Investment
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS
TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS
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. Experience in using the Ordinance's provisions for the
MU Mixed Use District has shown that development in this district frequently requires the use
of variances even to complete projects consistent with the neighborhood context. This
ordinance revises uses and development standards to better support the development of
mixed-use urban neighborhood centers and traditional pedestrian-oriented design.
NOW THEREFORE BE IT ORDAINED by the Common Council of the 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 21-03.02 MU Mixed Use District, is hereby deleted and replaced
with a new Section 21-03.02 as follows:
Section 21-03.02 MU Mixed Use District.
Intent- The MU Mixed Use District is established to promote the development of a dense
urban neighborhood center environment. The regulations are intended to encourage all the
elements of a traditional neighborhood center, including: storefront retail; professional
offices; and dwelling units located either in townhouse developments or in the upper stories or
rear of mixed-use buildings. The development standards in this district are designed to:
encourage a pedestrian oriented design throughout the district; and,maintain an appropriate
pedestrian scale,massing and relationship between buildings and structures within the
district.
a) Permitted Uses.
1) Primary Uses.
A) Clothing Service: Including but not limited to: Costume Rental;
Dressmaking; Dry Cleaning and Laundry Establishment; Millinery
Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and
Pressing Shop; Tuxedo Rental.
B)
Educational Uses: Including but not limited to: Child Care Center;
Child Care Ministry; Cottage School; Public Library; School—
Commercial, Trade or Business.
C) Food Sales and Service: Including but not
limited to:
Bakery—Retail;
Cabaret—Family; ConvenienceStore; Dairy Bar—Retail;
Delicatessen; Farmers Market; Grocery; Ice CreamStore—Retail;
Manufacturing Retailers;Restaurant—
Fast Food(without drive-in or
drive-through); Restaurant—Family;Restaurant—Family, with
Lounge; Yogurt Store—Retail.
D) Governmental Use: Including but not limited to: Governmental
Offices; Post Office—without outside parking of delivery vehicles.
E) Miscellaneous: Including but not limited to: Bed&Breakfast; Bus
Station; Clinic (medical, dental or optometrists);
Cottage Business/
Residential;Electrical/Electronics Repair.
F) Office/Professional Services: Including but not limited to: Architect;
Artist; Bank Machines - Walk-up; Construction Companies (office
only); Consultant; Contractors (office only); Dentist; Design Services;
Engineer; Financial Institution; Insurance Agent; Lawyer; Musician;
Physician; Pharmacist; Photographic Studio; Professional Offices; Real
Estate Office; Travel Agency.
G) Personal Service: Including but not limited to: Barber Shop; Beauty
Shop.
H) Public Facilities: Including but not limited to: Community Center;
Funeral Home; Mortuary;Neighborhood Recycling Collection Point;
Public or Private Park—Active or Passive; Religious Use. (
Ord. No.
9653-06)
1) Recreation: Including but not limited to: Aerobics Studio; Banquet
Hall; Dance Studio; Fraternal Organization; Gymnastics Studio; Lodge;
Private Club; Social Club; Theater—Indoor. (Ord. No. 9760-07)
J) Residential: Including but not limited to:
Dwelling Unit—upper level;
Dwelling Unit—first floor with business;Multifamily Dwelling;
TwoFamily Dwelling(see Section 21-03.02 (
b) (13)for applicable
development standards).
K) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art
Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store;
Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug
Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or
Game Shop; Jewelry Store; Music Store;Newsdealer; Shoe Store;
Stationery and Book Store; Video Store.
Controlled Use. See Section 21-08.02—Special Regulations for
Controlled Uses for additionalrequirements.
2) Special Exception Uses.
A) Food Sales and Service: Including but not limited to: Bar *; Cabaret—
21 and Over *;Nightclub *; Restaurant—Drive 1n; Restaurant—Drive
Through; Tavern *.
B) Government Use: Including but not limited to: Fire Station; Municipal
State Road Maintenance Facility; Police Station; Post Office—with
outside parking of delivery vehicles.
C) Miscellaneous: Including but not limited to: Artificial Lake;
Conference Center; Motel.
D) Public Facilities: Including but not
limited to:
Cemetery—with or
without Crematory, Funeral Home, Mausoleum or Mortuary;Parking
Garage; Parking Lot—Commercial. (Ord. No. 9653-06)
E) Recreation: Including but not limited to: Amusement Arcade *;
Billiard Hall *; Country Club; Fairgrounds; GolfCourse; Golf Driving
Range; Swimming Pool -private or public. (
Ord. No. 9760-07)
F) Residential: Including but not limited to: Group Residences; One (1)
Single Family Dwelling. (Ord. No. 10451-16)
G) Retail: Including but not limited to: Liquor Store; Tobacco Store.
H) Utilities: Including but not
limited to:
Electricity Relay Station; Public
Utility Substation; Pumping Stations; Water Towers.
Controlled Use. See Section 21-
08.02—Special Regulations for
Controlled Uses for additional requirements.
3) Accessory Uses—See Section 21-03.11 (a)—
Accessory Uses, Buildings and
Structures.
4) Temporary Uses—See Section 21-03.11 (b)—Temporary Uses, Building
Structures.
5) Home Occupations—See Section 21-03.11 (c)—Home Occupations.
b) Development Standards.
1) MinimumLot Width and Frontage - each lot shall have a minimum lot width
and
frontage on a public street of
25
feet.
2)
Yards and Building Setbacks.
A)
Front- afront yard and building setback measured from the greater of
the proposed right-of-way or existing right-of-way shall be provided as
follows:
Minimum Maximum
Limited Access Highway: 50' NA
All other Streets: 5' 12'
Provided, however, on all streets except limited access highways,
building placement shall be in compliance with the following
regulations:
i.For sites containing one
building—in elevation view from the
streetfrontage, at least fifty(50)percent ofthe length ofthe
fagade ofthe building facing a street shall be located at or
between the minimum setback and the maximum setback;
ii. For sitescontaining multiple buildings—in elevation view from
the streetfrontage, at least fifty(50)percent ofthe visible
fagades of the buildings facing a street shall be located at or
between the minimum setback and the maximum setback; and,
iii.
Parking areas and interior access drives shall not be located in
front ofa line five (5) feet behind thefront building line. Ifthe
lot does not have a building,parking areas and interior access
drives shall have a minimum front setback of twelve (12) feet.
If a parking area or interior access drive is located less than
seventeen (17) feet from the front lot line, it shall be screened
by a compact row of shrubs/hedge plants planted three feet on-
center(3' o.c.)
immediately behind thefront building line.
Shrubs shall be at least twenty-four inches (24") at time of
planting and shall be maintained at a maximum height of thirty-
six inches (36").
B) Minimum Side Yard and Setback—The minimum side yard and setback
shall be as follows:
i.Minimum Side Yard—zero (0) feet,provided,however, if a side
yard is provided along a side lot line not abutting an alley, such
setback shall not be less than five (5) feet.
ii. Minimum Side Residential Bufferyard—five (5)feet.
C) Minimum Rear Yard and Setback—The minimum rear yard and setback
shall be as follows:
i.Minimum Rear Yard—five (5) feet.
ii. Minimum Rear Residential Bufferyard—fifteen(15) feet when
not separated from a residential use by apublic alley. If
separated from a residential use by apublic alley, no rear
residential bufferyard is required,but the minimum rear yard
requirement shall apply.
3) Use of Minimum Yards and Residential Bufferyards.
All minimum yards and residential bufferyards shall be landscaped in
compliance with the requirements for perimeteryard landscaping as set forth
in Section 21-07.01 —Landscape Regulations of this Ordinance and shall
remain free from structures except where expressly permitted below:
A) Minimum Front Yards—
i.along limited access highways—may include: parking areas,
loading areas, interior access drives, or interior access
driveways,provided that no portion of such area may be located
closer to the right-of-way than fifteen(15) feet; or signs as
regulated
by Section 21-07.03 —Sign Regulations of this
Ordinance, and shall otherwise be maintained as open space
free from buildings or structures.
ii. along all other streets—
may include: driveways or signs as
regulated
by Section 21-07.03 —Sign Regulations of this
Ordinance, and shall otherwise be maintained as open space
free from buildings or structures.
B) Minimum Side and Rear Yards—may include driveways, interior
access driveways,parking areas, loading areas, walkways or other
pedestrian way connections to adjoining lots,provided that the
remainder of said yards shall be maintained as open space free from
buildings or structures.
C) Minimum Side and Rear Residential Bufferyards—may include
driveway connections to adjoining lots, or walkways or other pedestrian
way connections to adjoining lots,provided that the remainder of said
yards shall otherwise be maintained as open space free from buildings
or structures.
4) Building Height.
A) Minimum Front Fagade Height— in the elevation view from the street
frontage, eighteen(18) feet.
B) Maximum Building Height—
Forty(40) feet; not to exceed three (3)
stories.
5) Landscaping— See Section 21-07.01 —Landscape Regulations.
6) Lighting—See Section 21-07.02—Lighting Regulations.
7) Signs—See Section 21-07.03 —Sign
8) Parking—See Section 21-07.04—Off-Street Parking Regulations.
9) Loading—See Section 21-07.05 —Off-Street Loading Regulations.
10) Greenway Connection Required—If the lot abuts any portion of a greenway, a
direct linkage from the project to such greenway shall be provided.
11) Outdoor Operations—All uses and operations (except off-streetparking,
off-street loading and delivery and walk-up customer service windows) shall
be conducted completely within enclosed buildings, except where expressly
permitted below:
A) Outdoor seating for restaurants,provided that such outdoor seating:
i.shall not be located in any street right-of-way except as
permitted by the Board of Public Works; and,
ii. shall not block an entrance or exit to or from the business or
building or conflict with Americans with Disabilities Act
standards.
B) Outdoor display or sales of merchandise:
i.shall not be located in any street right-of-way except as
permitted by the Board of Public Works;
ii. shall not block an entrance or exit to or from the business or
building or conflict with Americans with Disabilities Act
standards;
iii. shall not exceed ten percent(10%) of the gross floor area of
each non-related and separately operated use;
iv. shall be permitted only during the hours of operation ofthe
business and shall be removed at the close of each business day;
and,
V.
shall be merchandise normally found within the on-premise
business. (Ord.No. 9653-06)
C) Walk-up customer service windows or Automated Teller Machines
ATM's),provided that such facilities are not free-standing and are set
flush with thefagade of the building.
D) Vending machines,provided that vending machines:
i.
shall abut the exterior wall ofthe building; and,
ii. shall not be located in a required yard or required residential
bufferyard.
12) Building Design and Orientation.
A) Orientation.
i.
Primaryfagades shall be oriented to thefront lot line. When on
a corner lot,the primaryfagade shall be oriented to the primary
street and the design ofthe primaryfagade shall extend a
minimum of ten(10) feet along the secondary street.
ii.
The primary building entrance shall be located on thefront
fagade.
B) Articulation and Activation.
i.
Frontfagades at least one hundred twenty (120) feet in length
should be designed to look like more than one building. For
buildings that are one hundred twenty (120) feet or longer, no
section ofthefrontfagade longer than sixty (60) feet may look
like one building.
ii. For commercial and mixed-use buildings,the minimum front
fagade surface that shall be glazed (window and door surface
area) is as follows:
a.
Ground floorfrontfagade surface along a primary street
seventy(70)percent;
b.
Ground floorfrontfagade surface along a secondary
street—twelve and one-half(12.5)percent;
C.Upper floorfront fagade surface—twelve and one-half
12.5)percent.
The ground floorfrontfagade glazing is calculated based on the
totalfagade area between two (2) and eight(8) feet above
grade. The upper floorfront fagade surface area is calculated
based on the total surface area located between the elevation of
any floor to the elevation of the floor above it or the elevation of
the roof. Windows and doors shall have clear (untinted) glass
and shall be open to the interior(not faux).
iii. A walkway shall connect from the sidewalk to the primary
entrance.
C) Building Materials.
i.Additions to Existing Buildings: All additions to existing
buildings shall utilize building materials that are compatible
and harmonious with the materials used on the existing
building.
ii.
Exterior Renovations, Major Additions and Accessory
Buildings: Exterior renovations,major additions and accessory
buildings to existing buildings or facilities are encouraged to
comply with the provisions in sub-Section(iii), below, for new
construction, however,the minimum requirement for exterior
renovations, major additions and accessory buildings shall be
the same as in sub-Section(
i), above, for additions to existing
buildings.
iii. New Construction: In order to create variation and interest in
the built environment, all new primary buildings shall comply
with one (1) of the following two (2) sets of architectural
regulations regarding building material and architectural
features on eachfrontfagade:
a.All brick or stone (limestone, granite, etc.), excluding
window, display window, door, roofing, fascia and soffit
materials,provided that the brick or stone used on each
applicablefagade shall include at least two (2)
architectural elements (e.g., quoins, pilasters, soldier
courses, lintels, friezes, cornices, dentils, architraves,
etc.); or,
b.
Two (2) or more building materials (excluding window,
display window, door and roofing materials), provided:
1.
Primary Building Material: The primary
building material shall be either: brick; stone
limestone, granite, etc.); synethetic equivalents
of brick or stone; architectural pre-cast concrete,
if the surface looks like brick or stone; traditional
stucco; or fiber cement, and shall constitute a
minimum of sixty-six (66)percent of each
applicable fagade excluding glazed surfaces.
Exterior insulation and finish system(E.I.F.S.) or
equivalent; vinyl; or standard, fluted, or split face
concrete masonry units (CMUs) are prohibited as
a primary building material.
2.
Secondary Building Material: The secondary
building material shall constitute a minimum of
ten(10)percent of thefagade excluding glazed
surfaces. Glass curtain wall may qualify as a
secondary building material.
3. Architectural Features: In addition,the exterior
building material selection shall be
supplemented with the use of multiple colors or
architectural elements (e.g., quoins,pilasters,
soldier courses, lintels, friezes, cornices, dentils,
architraves, etc.) on eachfrontfagade.
iv.
Building materials used on thefrontfaVade shall extend a
minimum depth of sixteen(16) inches along the sidefavade as
measured from the face of the frontfagade.
D) Mechanical Equipment—HVAC equipment shall not be placed in the
front yard or on thefrontfaVade.
13)
Development Standards for Two Family Dwellings.
Notwithstanding anything in this MU District to the contrary, a twofamily
dwelling shall be subject to the applicable development standards ofthe SF2
District.
SECTION II. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
Member of the Common 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
Filed in Clerk's Office
ED 0 5 2011
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
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.southbendin.gov
SPECIAL EXCEPTION & VARIANCE PETITION
ABZA DATE: Wednesday,December 6,2017
PETITIONER
AllianceArchitects 574)288-2052
mmurphy@alliarch.com
Name Phone Email
929Lincolnway East,Suite200 South Bend IN 46601
Address City ST Zip
PROPERTY OWNER(IF DIFFERENT THAN PETITIONER)
Pandora Partners,LLC 574)339-0275 chris.shepherdl @me.com
Name Phone Email
1251 N. Eddy Street, Suite 200 South Bend IN 46617
Address City ST Zip
PRESENTER(IF DIFFERENT THAN PETITIONER)
Name Phone Email
AddressCity STZip
PROPERTY INFORMATION
O Office Portage
Zoning Township
806 Howard Street South Bend IN 46617
Address
City ST Zip
Legal Description
PARCEL I: A lot or parcel of land,74 feet in length,East and West,taken off of and
from the entire width of the West end of the Lot Numbered One Hundred and
Twenty-Five(125)as shown on the recorded Plat ofEdward Sorin's Second Addition
to the Town of Lowell, now within and a part of the City of South Bend, in
St. JosephCounty,Indiana.
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd., Suite 100, South Bend,Indiana 46601
574-235-9554 • (Fax) 574-235-5541 -
buildin (@southbendin.gov
www.southbendin.gov
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 4"
Floor of the County-City Building, 227 W.
Jefferson Blvd., South Bend, Indiana, on the 6' day of December, 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:
Alliance Architects, on behalf of Pandora Partners, LLC, 929 Lincolnway East,
Suite 200, South Bend, IN 46601
Seeking:
1) Special Exception Use allowing "Dwelling Unit - Upper Level" within O
Office District.
2)
Variance to reduce the required front yard and building setback from 25'to
10'at north and from 25'to 20'at west.
3) Variance to reduce the required side residential buffer yard and building
setback from 8'to 5'at south and from 8'to 0'at east.
4)
Variance to reduce the required off-street parking from 35 spaces to 4 spaces.
5)
Variance to delete off-street parking area screening at east side yard.
6) Variance to reduce the required minimum number of ADA parking spaces
from 2 spaces to 1 space.
7)
Variance to reduce the minimum width ofparking lot maneuvering aisle from
24'to 0'.
On real estate commonly described as:
806 Howard Street, South Bend, Indiana 46617
and is legally described as follows:
PARCEL 1: A lot or parcel of land,74 feet in length,East and West,taken off of and
from the entire width of the West end of the Lot Numbered One Hundred and
Twenty-Five(125)asshown on the recorded Plat ofEdward Sorin's Second Addition
to the Town of Lowell, now within and a part of the City of South Bend, in
St. Joseph County, Indiana.
PARCEL II: Part of Lot Numbered One Hundred Twenty-Five (125) as shown on
the recorded Plat of Sorin's Second Addition to Lowell, now a part of the City of
South Bend,described as beginning 74 feet East of the Northwest corner of said.lot;
thence running South 66 feet; thence East 45 feet to an alley; thence North 12 feet;
thence West 25.5 feet; thence North 54 feet; thence West 19.5 feet to the place of
beginning.
PARCEL II: Part of Lot Numbered One Hundred Twenty-Five (125) as shown on
the recorded Plat of Sorin's Second Addition to Lowell, now a part of the City of
South Bend,described as beginning 74 feet East of the Northwest comer of said lot;
thence running South 66 feet; thence East 45 feet to an alley; thence North 12 feet;
thence West 25.5 feet; thence North 54 feet; thence West 19.5 feet to the place of
beginning.
PARCEL III: Part of Lot Numbered One Hundred Twenty-Five (125) as shown on
the recorded Plat of Sorin's Second Addition to Lowell, now a part of the City of
South Bend, described as commencing on the North line of said Lot 125, 93.6 feet
East of the Northwest corner of said lot; thence South 54 feet; thence East 26 feet;
thence North 54 feet; thence West 26 feet to the place of beginning. Together with
the West Half of the vacated alley lying East of and adjacent to Parcels II and III.
PARCEL IV: Grant of Easement recorded April 21, 2017 as Instrument
No. 1709777 in the Office of the Recorder of Saint Joseph County, Indiana.
SPECIAL EXCEPTION &VARL4,NCE(S)
Seeking Special Exception Use to allow a "
Dwelling Unit - Upper Level" within the O Office
District and Variances to include:
1)
Variance to reduce the required front yard and building setback from 25'to
10'at north and from 25'to 20'at west;
2)
Variance to reduce the required side residential buffer yard and building
setback from 8'to 5'at south and from 8'to 0'at east;
3)
Variance to reduce the required off-street parking from 35 spaces to 4 spaces;
4)
Variance to delete off-street parking area screening at east side yard;
5)
Variance to reduce the required minimum number of ADA parking spaces
from 2 spaces to 1 space; and
6)
Variance to reduce the minimum width of parking lotmaneuvering aisle from
24'to 0'.
REASON FOR REQUEST(S)
These approvals are necessary in order for the existing building to be renovated as planned by
Superior Property Holdings, LLC.
SPECIAL EXCEPTION APPROVAL STANDARDS
1.
The approval will not be injurious to the public health,safety,morals and general welfare of
the community because the proposed residential use is compatible with surrounding land
uses.
2.
The proposed use will not injure or adversely affect the use of the adjacent area or property
values therein because the owner will make a significant financial investment and improve
the exterior appearance of the property.
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein. It should also be noted that the proposed uses (office
and residential) are generally considered to be less intensive than the current use (retail).
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan because it involves the adaptive reuse of an existing structure and
includes an upper floor dwelling unit above office space.
VARIANCE APPROVAL STANDARDS
1. The approval will not be injurious to the public health,safety,morals and general welfare of
the community because on-street parking will be available to supplement the existing on-site
parking. The on-street parking will also serve as "traffic calming"along Howard Street.
2. The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner because the on-site parking is existing and will
remain in place. Also,the building setback variances are necessary in order for the existing
building walls
to be compliant with the currentordinance.
The north building setback
variance will also permit the construction of a new deck/porch which will project
approximately 6'beyond the existing wall.
3. The strict application of the terms of the zoning ordinance will result in practical difficulties
in the use of the property because a similar parking variance was granted when the existing
building was constructed in 1992. The South Bend Building Department has confirmed that
the parking requirements for the existing retail use and proposed office use are identical: 3.5
spaces per 1,000 GSF. The parking requirement for the Dwelling Unit-Upper Floor is two
spaces.
1 t
WVL-ICANT
SIGNATURE Date
Martin J. Murphy, RA
Alliance Architects
Name
PARCEL III: Part of Lot Numbered One Hundred Twenty-Five(125)as shown on
the recorded Plat of Sorin's Second Addition to Lowell, now a part of the City of
South Bend, described as commencing on the North line of said Lot 125, 93.6 feet
East of the Northwest corner of said lot; thence South 54 feet; thence East 26 feet;
thence North 54 feet; thence West 26 feet to the place of beginning. Together with
the West Half of the vacated alley lying East of and adjacent to Parcels II and III.
PARCEL IV: Grant of Easement recorded April 21, 2017 as Instrument
No. 1709777 in the Office of the Recorder of Saint Joseph County,Indiana.
Dated this
day of
ILL.ALL. Q1
AREA BOARD OF ZONING APPEALS
ML,X)
J.
9'4
Carolyn A. He
Secretary to the Board
TO THE PETITIONER:
It is your responsibility to complete this form correctly and deliver it to the
Secretary of the Board of Zoning 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 of notice
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 of public hearing.
9f
9
e, 9
s
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd., Suite 100, South Bend,Indiana 46601
574-235-9554 • (Fax) 574-235-5541 -
building(a)southbendin. v
www.southbendin.gov
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,the 6,bday of December,2017, at 1:30 p.m. in the Council Chambers on the 41 Floor
of the County-City Building, 227 W.Jefferson Blvd., South Bend, Indiana
f Pandora Partners LLC 929 LincolnwaA petition is on fileby: Alliance Architects, on behalf o do y
East, Suite 200, South Bend,IN 46601.
Seeking:
1) Special Exception Use allowing "Dwelling Unit - Upper Level" within O
Office District.
2)
Variance to reduce the required front yard and building setback from 25'to
10'at north and from 25'to 20'at west.
3) Variance to reduce the required side residential buffer yard and building
setback from 8'to 5'at south and from 8'to 0'at east.
4)
Variance to reduce the required off-street parkingfrom 35 spaces to 4 spaces.
5) Variance to delete off-street parking area screening at east side yard.
6)
Variance to reduce the required minimum number of ADA parking spaces
from 2 spaces to 1 space.
7)
Variance to reduce theminimum width ofparking lot maneuvering aisle from
24'to 0'.
On property commonly described as: 806 Howard Street, South Bend, Indiana 46617.
Said public hearingwill 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 ofthe subject
property will not receive a copy of this notice. If you know of someone 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. H
Secretary to the Board
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OFSOUTH BEND,INDIANA, r
APPROVING A PETITION OF THE
AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
806 Howard Street,Portage Township, South Bend,Indiana 46617
I
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
i
of Zoning Appeals for approval or disapproval; and
WHEREAS,the Common Council must take action within sixty(60)days after the Board ofZoning
Appeals 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 I
1
WHEREAS,the Area Board ofZoningAppeals has made a recommendation,pursuant to applicable
state law.i
NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND,INDIANA as
follows: i
1
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Area Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a
Special Exception be granted for the property located at:
806 Howard Street,Portage Township,South Bend,Indiana 46617
I
in order to permit
I
Special Exception Use: "Dwelling Unit-Upper Levee'
SECTIONII.
Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
I
SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort,
community moral
standards,convenience or general welfare;
f
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; and
i
4. The proposed use is compatible with the recommendations of the City of
South Bend Comprehensive Plan.
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.
i
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
i
4
i
1
r
I
i
Filed in Clerk's Office
I sF READING f
PUBLIC HEARING
3 r d READING
NOV 0 9 2017
NOT APPROW-i
REFERRED KAREEMAH FOWLER
oec Fo
C11YCL.ERK,SOUTH BEND,IN
PANDORA PARTNERS LLC
1251 N.EDDY ST,SUITE 200
SOUTH SEND,IN 46617
574)339.0275
CHRIS.SHEPHERDI @ME.COM
October 31, 2017
To Whom it May Concern,
Pandora Partners, LLC hereby authorizes Alliance Architects to serve as its
representative during the submission and public hearings related to the
petition for a special exception use and variances for the property commonly
described a s 806 Howard Street, South Bend, Indiana 46617.
Sincerely,
Christopher Shepherd
Member
Type: Filing_Fees
Payor: ALLIANCE ARCHITECTS
License Number:
Address: 806 HOWARD
SP EXCEPTION & VARIANCES
11/9/2017 9:10:49 AM
Filing_Fees $570.00
Check 013148
570.00
chenry 10124
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909 N. St. PeterSt.
Sasman Enterprises LLC Megan M Kolaczyk
Bend,
925 N. Notre Dame Ave. 918 N. St. Louis Blvd.
South B IN 46617
Parcel#
end,
07-3766
South Bend, IN 46617 South Bend, IN 46617
Parcel#018-5107-3771 Parcel#018-5107-3755
Robert D and Katherine C Kossler
1020 N. St. Peter St.
Hansen Syrus White Jill R. Bodensteiner
Bend, 617
922 N. St. Louis 920 N. St. Peter St.
South B IN 46
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6
South Bend, IN 46617 South Bend, IN 46617
Parcel#
018-5107-3798
Parcel#018-5107-3778
Pandora Partners LLC Scott R. Appleby Sara and Thomas Mustillo
51720 Bluffside Court 912 N. St. Peter St. 926 N. St. Peter St.
Granger, IN 46530 South Bend, IN 46617 South Bend, IN 46617
Parcel#
018-5107-3768;#018-5107-3770
Parcel#018-5107-3783Parcel#018-5107-3774
The University of Notre Dame
Julie A. Peterson Robert J. and Deborah S. Bernhard
725 Grace Hall
902 N. St. Peter St. 1019 N. Notre Dame Ave.
Notre Dame, IN 46556
South Bend, IN 46617 South Bend, IN 46617
Parcel#
018-5107-
3772;#01&5104-3632
Parcel#018-5107-3786
Parcel#018-5104-3653
018-5104-3631
Ferret D Hunter
Brian R. and Alison K Levey
Ebrahim I Moosa
1301 Camelia Blvd., Ste 400
918 N. St. Peter St.
MoosaFamily 2016(Trust)
Lafayette, LA 70508
South Bend, IN 46617
1008 N. St Peter St.
Parcel#018-5104366101;#018-5104-3661
parcel#018-
5107-3778
South Bend, IN 46617
018-5104-3662 Parcel#018-5104-3658;#018-5104-3657
ND 2019 LLC John T. McGreevey and Jean C.
c/o KendallGray
Rita A. Schmid Mamanus
64 Florence Ave
919 N. Notre Dame Ave. 1010 N. Notre Dame Ave.
New Providence, NJ 07974
South Bend, IN 46617 South Bend, IN 46617
Parcel#018-5107-376601
Parcel#018-5107-3780 Parcel#
018-5105-3673
James and Gia HaighRudy N. Reyes Ani Apbrahamian(Trust)
925 N. Notre Dame Ave.1014 N. St. Peter St. 936 N. Notre Dame Ave.
South Bend, IN 46617 South Bend, IN 46617 South Bend, IN 46617
Parcel#
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South BendHousing Authority Stephen C Smith Thomas J. and Shannon E. Guinan
501 S. Scott St. 4404Technology Dr. 807 Grace Hall
South Bend, IN 46613 South Bend, IN 46617 Notre Dame, IN 46556
Parcel#018-5107-3756 Parcel#018-5104-3630 Parcel#018-5107-3782
Mathew M and Elizabeth Sanford Thomas E and Elizabeth R BurmanWilliam C. III and Courtney D. Mattison
1013 N. St. Peter St. 920 N. Notre Dame Ave.
313 Visitation Hall
South Bend, IN 46617 South Bend, IN 46617
Notre Dame, IN 46556
Parcel#
018-5104-
3629 Parcel#018-5106-3721
Parcel#018-5106-3717;#018-5106-3718
John B. Swarbrick and
Kimberly A Barbara Virginia Sniegowski as
Highsmith Avance
Hudgens-Swarbrick Trustee of Barbara Virginia
924 St. Louis Blvd.
1016 N Notre Dame Ave. 917 N. St. Peter St.
7
South Bend, IN 46617 South Bend, IN 46617
South Bend, IN
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018-5105-3672 Parcel#018-5107-3763;#
018-5107-3762
Parcel#018-5107--3793797
Willie and Brenda J. Martin-Groves Mark Kurtis
713 Howard St. 702 E Howard St.
South Bend, IN 46617 South Bend, IN
Parcel#018-51043616 Parcel#018-5107-3789
Thomas Stroka
1017 N. St Peter St.
South Bend, IN 46617
Parcel#018-51043628
Marc D.and Jeanette M. Burdell
901 N. Notre Dame Ave.
South Bend, IN 46617
Parcel#018-5107-3788
Irish Homestead LLC
150 Carondelet Plz.#2601
Saint Louis, MO 63105
Parcel#018-5106-3750
Steven T.and Jennifer H. Fortener
1006 Notre Dame Ave.
South Bend, IN 46617
Parcel#018-510-367302
Daniel B. and Kelly O. Kelly
18471 Spring Mist Ct.
South Bend, IN 46637
Parcel#018-5401-3659;#018-5401-3660
Christine M. Boetticher(Trust)
1017 Notre Dame Ave.
South Bend, IN 46601
Parcel#018-5104-3655
Cyril J. Oregon and Geraldine Meehan
907 N. Notre Dame Ave.
South Bend, IN 46617
Parcel#018-5107-3784
Jan Martin Klass Cremers and Lisbeth
Marieke Misdorp
914 N. Notre Dame Ave.
South Bend, IN 46617
Parcel#018-5106-3725
City of South Bend
227 West Jefferson Blvd.
South Bend, Indiana 46601
Parcel#018-5107-3800;#018-5107-3794
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Carolyn Henry
From: Elizabeth Burman <
eburman.mail @gmail.com>
Sent: Sunday, December 03, 2017 4:11 PM
To: Carolyn Henry
Subject: ZOpposition to Rezoning 806 Howard Street
Dear Carolyn,
Please convey this letter to the South Bend Area Board of Zoning Appeals.
Our names are Thomas and Elizabeth Burman, and we joint own and live in a home that is within 300 feet of
the property at 806 Howard Street, which is currently appealing for several zoning variances that you will be
considering at this month's hearing.
We OPPOSE these variances.
The reasons for our opposition, in terms of the ABZA's four legal standards:
1) "
The proposed use will not be injurious to the public health,safety, comfort, community moral
standards,convenience or general welfare."
A.
The planned expansion and use ofthe property at 806 Howard Street is completely out of character with its
immediate neighbors, and violates the standards that have been carefully agreed upon by the Northeast
Neighborhood Community and already accepted as an overlay by the ABZA.
B.
Our traffic and parking patterns are already being affected, and our street parking for our own and our
guests' cars by the Eddy Street Commons development,the addition of bike lanes, and the expansion of Keller
park, all adjacent to 806 Howard Street. There is insufficient margin for the additional street parking being
requested in this appeal.
C.
The safety of neighborhood children coming and going to Keller park would also be endangered by the
requested increase in street parking that the children would now have to traverse.
D.
There is already a very carefully planned mixed-use area under development on Eddy Street. By contrast,
there has been NO neighborhood discussion or approval for a single,massively over-built,mixed-use building
at 806 Howard Street,which is in the middle of a single home residential area.
2) "The proposed use will not iniure or adverseh, affect the use of the adjacent area or propertN- values
therein."
A.
Our property value will definitely be affected if the property at 806 Howard Street is made even taller than
it already is(which is at least no taller than the two-story houses around it.) With the requested changes, it
would loom above everything else around it and be in view directly across the street from the main living area
of our house.
B. The value of our home is very much based on its location in a
lapnned, mixed-use community. That
community does not allow for haphazard one-offs like the one the owners of 806 would like to develop. Our
own recent(2016)purchase of this home was based on our agreement with the vision laid out and already
i
codified by ND,NENC, and South Bend for this neighborhood, and this vision does NOT include the expanded
building size and mixed use proposed for 806 Howard Street.
C.
Our own street parking will also be adversely affected by the proposed addition of street parking for 35+
more cars in the vicinity of 806 Howard street.
D.
The value and safe use of our neighborhood's Keller Park,by our own as well as our neighbors' children,
also will be adversely affected by the additional traffic and street parking.
3 "The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein."
A.
The planned expansion and use of the property at 806 Howard Street is completely out ofcharacter with its
immediate neighbors, and violates the standards that have been carefully agreed upon by the Northeast
Neighborhood Community and already ccepted as an overlay by the ABZA.
B.
The addition ofnon-primary rental space, particularly space that will be open to undergraduate college
students, would both adversely affect the value of of adjacent properties, but also directly contravenes the
purposes and plans laid out by the NENC zoning overlay.
C.
Finally: There is already a very carefully planned mixed-use area under development on Eddy Street.
Meanwhile,there has been NO neighborhood discussion or approval for a single, massively over-built,mixed-
use building in the middle of a single home residential area ofthe neighborhood. Further, The Eddy Street
Commons development also adheres to our neighborhood zoning overlays in a way that the proposed plans for
806 Howard do not.
4 "The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
Plan."
A.
The City of South Bend and the ABZA have already accepted and codified the northeast neighborhood
NENC)plan as a legal subset of the city's overall plan. The City gives preference to the NENC overlay
requirement, for example, that our fences be no taller than 5 feet, even though the City itself allows for 6 foot
tall fences. Therefore,the City ofSouth Bend has already demonstrated its acknowledgement that the NENC
standards are a legal subset of the City's Comprehensive Plan, and these NENC standards also apply to the
property at 806 Howard Street. These standards do not allow for the proposed changes to this property, nor does
the City's Comprehensive Plan provide any basis for overturning NENC's standards by default.
B.
Finally, we have already had a disturbing precedent in both the original building at 806 Howard Street
which was developed despite great opposition in the early 1990's, as well as the more recent development at
1121 North Notre Dame Avenue property, in which the by-now-extant NENC plan was disregarded, and the
NENC not given a full chance to review. It is my understanding that even the city has acknowledged that this
should not have happened.
It seems that in in the case of 806 Howard Street,the NENC once again has not been given a chance to meet,
review or comment on the proposed variances before the ABZA meets to rule on them on December 6.
Every time the neighborhood zoning is ignored and the NENC left out ofthe vetting process,both the
community's and City's plans are further eroded. What a shame, after so many people have spent so much time
andmoney on the vision and plans for our neighborhood,plans in which—Again-mixed use areas of high
value to the community and the city have already been included on North Eddy Street.
2
Thank you for your consideration,
Elizabeth and Thomas Burman
920 North Notre Dame Avenue
South Bend, Indiana 46617
3
Carolyn Henry
From: Tom Guinan <thomas.guinan @comcast.net>
Sent: Monday, December 04, 2017 5:13 AM
To: Carolyn Henry
Subject: Opposition to expansion of 806 Howard St and addition of third story residential
City of South Bend
Area Board of Zoning Appeals
Attn: Carolyn Henry
Dear Ms. Henry:
I am writing to express my opposition to the planned expansion and change of use of the property located at 806
Howard Street,South Bend, Indiana 46617. My wife and I live at 915 N. Notre Dame Ave.Our house is 3 lots south and 1
lot east of the property in question.We have lived at our current address for nearly 11 years.We believe the property at
806 Howard St. has been an incongruent presence in the neig hbo rhood—both in terms of its architecture and its
purp ose"—since even before we built our home as part of the NE Neighborhood redevelopment program. It appears
since the sale of the building several months ago, it has sat vacant.
While any improvement to the exterior design of 806 Howard would be welcome,the proposed increase in height from
28.5 ft.to 46ft.and the change of use as a combined residential/office building will make an already out of place
structure even more so, regardless of the nature of any exterior improvements.As a property owner within the "appeal
area" I would like to register my formal opposition to the planned expansion and change of use for the property at 806
Howard St.for the following reasons:
1. The proposed and expansion use will adversely affect the adjacent area or property values therein and the
proposed use will be inconsistent with the character of the district in which it is located and the land uses
otherwise authori zed therein.A mixed office/
residential building at such a height is completely out of
scale in this residential neighborhood. It will negatively impact the property values of the homes
immediately adjacent to it and will have a negative impact on the value of the homes in the appeal area.
This negative impact will arise not only from the mere presence of the structure but also from the increased
congestion and parking requirements resulting from the expanded business activity in the building.
2. The proposed use will injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare. It should be noted that the intersection of Howard St. and Notre Dame
Ave. is an extremely busy 4-way-stop intersection.This is particularly the case on weekdays between 7-
8AM and 5-6PM.The requested variance to reduce the required off-street parking from 35 spaces to 4
spaces seems to be the exact opposite of what will be required to ensure that those living and working in
the
facility would
not oth erwise be parking on Howard St. right at the Notre Dame Ave. intersection—thus
limiting visibility and adding to the congestion—
and also along the already limited parking spaces in front of
residences on Notre Dame Ave. and St. Peter St.
Again, any improvement to the exterior of 806 Howard St.that would be keep the facility within its current scale
would be welcome—as would suitable retail or office activity for which the building was originally zoned. While the
appeal to potential residents of an additional floor w/essentially unobstructed views of the Golden Dome is
obvious,those who have invested in this neighborhood, many of whom have lived here for over a decade,would
be significantly and negatively impacted for the reasons noted above.While my opposition to the current
expansion and change of use plans is firm, I would welcome the opportunity to join with my neighbors and the
property owners to see if other plans might be more acceptable to all parties.
1
Thank you.
Tom Guinan
915 N. Notre Dame Ave.
I
li
I
I:
f
1
2
Carolyn Henry
From: Thomas Mustillo <tustillo @gmail.com>
Sent:
Tuesday, December 05, 2017 9:54 AM
To:
Carolyn Henry
Cc: Isaacson,Alice, MD'
Subject: FW: Expansion of former Pandora Building;addition of third story residential (ABZA
hearing this Wed)
From: Isaacson,Alice, MD [mailto:aisaacson @southbendclinic.com]
Sent: Monday, December 4, 2017 9:10 PM
To:Thomas Mustillo<tmustillo @gmail.com>
Subject: RE: Expansion of former Pandora Building; addition of third story residential (ABZA hearing this Wed)
Good evening.
Thank you for this information. While I will not have the opportunity to attend the hearing, please relay my opinion to
the members of the board.
I love living in this neighborhood and am so proud to be part of the growth and diversity this area represents. While the
Pandora building was always an eye sore,the proposed plans for a mixed use building is disappointing. I do not
understand the rationale of creating a building that is not only physically out of character, but one that is not consistent
with the ideals that we share as homeowners.The proposed changes will not only create unwanted traffic but create a
potential safety issue. My own daughter,who is 11 years old,enjoys walking/biking to Eddy Street Commons to have
lunch or playing in the park when her friends visit. I believe the traffic will be a deterrent in allowing her the freedom
that she has always enjoyed.
When I look outside my window, I do not wish to see a mixed use building that is clearly out of place. if the developers
wish to create office space,there are other areas in South Bend that would be more suitable to their needs. I feel they
are completely infringing upon our rights to enjoy our neighborhood and the APPROPRIATE growth that is
ongoing. HOMES, not businesses, are being built-witness the activity on St. Peter Street-which add to the value of our
own homes. The proposed building will greatly diminish or property value.
Please forward my opposition to the Board.
Thank you in advance.
Alice Isaacson
909 N.Saint Peter St.
1
Carolyn Henry
From: Thomas Mustillo <tmustillo @gmail.com>
Sent: Monday, December 04, 2017 5:28 PM
To: Carolyn Henry
Cc: Sarah Mustillo'
Subject: opposition to 806 Howard expansion and change of use
Dear Ms. Henry,
We are writing to express our strong opposition to several of the petitions for variance at 806 Howard Street filed by
Alliance Architects,on behalf of Pandora Partners, LLC. We own and occupy(with our three children) the adjoining lot,
immediately south of the Pandora property, at 926 North Saint Peter Street. Indeed,the structure will stand only about
6 feet from our property line, and only about 12 feet from our own two-story, 2,300 square foot house. Please pass our
concerns on to the members of the board for their consideration.
The proposed 9000+square foot building will loom more than twice the height of our house. Its repurposed function will
create two floors of more than 6000 total square feet of office space, one floor of more than 3000 square feet of
residence(larger than our finished living space), and another 3000 square feet of basement. A building this immense will
diminish the value of our home, and injure the safety,comfort, convenience and general welfare of our family, as well as
the neighborhood at large.An expansion and change-in-use of the existing building will create two adverse impacts for
US.
First, it will diminish the value of our homes.We have created a neighborhood of mostly owner-occupied single family
homes. On the 900 block of North Saint Peter Street,where%
of the available land is devoted to a neighborhood park
Kelley Park),8 of the 9 residential lots are 2-story owner occupied permanent residents. On the contiguous residential
lots contained between ND Ave and Saint Peter, all ten are 2-story owner occupied permanent residents. Under the
Pandora Partners proposal, a Special Exception Use allowing an 3rd story dwelling unit will undermine the value of our
home because we become exposed to the liabilities of 3000+square feet of potential rental units, with insufficient
parking.Our own home has a covenant preventing non-owner occupancy, as do many of the homes around us that were
part of the revitalization plan.Thus, this variance is exceptional; as an adjoining lot, it will negatively impact the value of
our home and the tax value. We would not have purchased this house at the price we paid if we had known that
Pandoras would be expanding and incorporating potential rental space.
Also,we have been reassured by the petitioners that variance request numbers 3, 5,and 7 are required only to maintain
the existing arrangement for parking and exit/entry on the east side of the building. Nevertheless, we would like to note
that a grant of easement has been recorded with the county on 4/21/2017 which allows all adjoining parties of the
former public alley to retain mutual access to that part of the now private alley.These variances,which request
reductions in the setbacks to 0' at east, should they allow for any construction within the easement or change of use,
would eliminate the only access we have to our garage. If they could be construed to permit such a use,they would
violate the easement agreement and could devastate the value of our house; they must be rejected.
Second,the redevelopment of this property as the owner's business offices, plus rental offices,will bring many
additional cars to the North West sector of our block and to the alley,which we share via a private easement. During the
years we have lived here,Steve Raymond and his assistant, Patty, turned on the lights and the "open"sign every day
from noon to five until the summer of 2015.There were never more than 2 or 3 cars at a time. Until Mr. Raymond sold
the property,the UPS truck pulled up to the door almost every day.That was the extent of the traffic. Under the
Pandoras Partners proposal, the request to reduce the off-street parking by 31 spaces (from 35 to 4)is extreme. By the
architect's own estimate (conveyed at a meeting in their offices on 10/19), the 2 floors of office space alone will draw 24
cars. During the ND home football game against Navy,on 11/18,the block of Howard street between ND Ave and Saint
Peter Street was filled to capacity with 24 cars. Of course, on a regular day,cars will distribute themselves around the
area less densely, leave little or no room for us and our guests,for the two or three homes-to-be on the north side of
Howard,and for the patrons of Kelley Park,which the city and neighborhood residents have invested in at considerable
cost and effort. Moreover, traffic on
Howard Street is already quite aggressive and the addition of somany cars will limit
visibility and raise the risk to pedestrians,especially to the dozens of grade school children (including two of our own
children)who routinely cross the streets at and around the intersections of Howard with Saint Peter St.and ND Ave.
We would like to see an investment to improve 806 Howard Street that is compatible with the vision laid out by ND,
NENC,and the city; but,we insist that the proposal be to scale,and without the adverse impacts on our home and our
neighborhood. In particular, nearly all the adverse effects arise from the ambition to expand the square footage of the
existing building by 50%.
Should the petitioners be willing to entertain a proposal with a more neutral impact,we would
reconsider our opposition.
We will be in attendance at the appeal meeting on 12/6,and look forward to sharing our concerns.Thank you for your
co nsideration.
Sincerely,
Thomas and Sarah Mustillo
926 North Saint Peter St.
z
Carolyn Henry
From: Ayoka Paek
Sent: Monday, December 04, 2017 2:21 PM
To: Carolyn Henry
Subject: FW:806 Howard
Email below for you.
Ayoka Paek, MCIP,AICP
Zoning and Business Services Administrator
574) 235-9554
apaek @southbendin.gov
The information provided in this email is in response to the specific information requested and does not necessarily
represent all of the restrictions and allowances applicable to any properties identified in this email.
From: Donald Sniegowski [mailto:Donald.C.Sniegowski.l @nd.eduj
Sent: Monday, December 4, 2017 2:02 PM
To:Ayoka Paek<apaek@southbendin.gov>
Subject:806 Howard
Caroline Henry
Secretary to the Board
Area Board of Zoning Appeals
South Bend, Indiana
Dear Ms. Henry:
Please forward the following letter to the Area Board of Zoning Appeals. Thank you.
Donald Sniegowski
To the Area Board of Zoning Appeals:
1
We,the undersigned, have owned and occupied the house at 917 North Saint Peter Street,South Bend, Indiana for
eleven years. Prior to our move to St. Peter St.,we lived at 1004 Saint Vincent Street,three blocks away. We have lived
in the neighborhood for forty-seven years.
Our present house is situated a half-block from 806 Howard Street,the owners of which are appealing for several zoning
variances. WE STRONGLY OPPOSE THESE VARIANCES. You will already have received letters from Rita Schmid and Adam
Rebolloso, Elizabeth and Thomas Burman,lames and Gia Haigh,and Sarah and Tom Mustillo,all of whom oppose the
granting of these variances. Rather than repeat their arguments,we wish to underline or add to certain of them.
STYLE. It is difficult for us to believe that the ABZA staff could approve plans for a structure which is so out of keeping
with
the neighborhood. To the east of the proposed
building—on Notre Dame Avenue—are various versions of
American four-square architecture. (
This is the style which predominates in the SF-1 district bounded by the north side
of
Corby,the south side of Napoleon,the west side of Frances,and the east side of
St. Peter. ) On the southeast corner
of the Howard/Notre Dame Ave. intersection is a beautiful example of prairie-style architecture. To the south of the
proposed building,are variations of bungalow,one of which is in a very attractive version of American Arts and
Crafts. To the immediate south of the proposed property is a beautiful version of Georgian architecture,to be found
both in England and the United States. It was designed by a faculty member of the Notre Dame School of
Architecture. With the occasional exception,the houses in the above-mentioned SF-1 area conform to a broad
architectural norm. (It must be said that even the enormousgroup home in the 1100 block of Notre Dame Ave.,,which
we opposed, has tried to conform to this norm.)
So,why would the ABZA staff approve a design which,at best,can be
called a pseudo-collegiate gothic. That is a style which, in the United States, is reserved almost exclusively for churches
and campuses. It is the default style of the whole Notre Dame campus.
It does not belong in our residential area!
SCALE. We almost feel that it is an affront for the ABZD staff to approve a building in a style as non-residential as
collegiate gothic. But the real affront is to propose such a building AND make it eighteen feet taller than the present
structure. Those of us who have lived in the neighborhood for a long time had to accept, because of a weird set of
circumstances,the present structure,enormously out-of—scale as it was. Most of us,we're sure, have waited for the day
when it would be demolished. Now we may have to look forward to a structure that is increased in height by two
fifths! It will dwarf the beautiful Georgian house immediately to the south of it. The present structure already is taller
than that house. And if the variance to reduce the side residential buffer yard is granted,the house to the south will be
even more dwarfed. This,of course,will reduce the value of the house. Indeed,the whole immediate neighborhood
will suffer some financial loss.
If, indeed,the company wants to
buy the property and remodel the
building for commercial use—a use which it is
already zoned for—then why not keep it at the present height as a goodwill gesture to the neighbors and fix it up so that
it is not so ugly. What a gift that would be for all of us!
PARKING AND SAFETY. Even keeping the building at its present height and "beautifying" it does not take care of the
problems of parking and safety. Thirty-one more parking spaces would be on-street. We have not had time to measure
just how many parking places would be on Howard and how many places would be on St. Peter, but both streets would
be impacted heavily. This assumes that thirty-one spaces will be used,and that has to be assumed;otherwise,the
zoning ordinance would call for fewer.
2
We wonder why the city says that on-street parking on Howard would help to calm traffic. There is a stop sign at
Howard/Notre Dame Ave.and there is a stop sign at Howard/St. Louis two blocks to the west. We have not experienced
speeding in that two-block area. The odd jerk who revs his motorcycle in that two-block area will not be "calmed" by
cars parked on the street. In fact,on-street parking on Howard makes it more difficult to exit from St. Peter onto
Howard. If we are trying to exit onto Howard from St.Peter,we have to,first, stop where we are supposed to so that
pedestrians can walk across and then creep forward to see beyond the cars that are often parked in front of the Notre
Dame Law building on the northwest corner. The difficulty and danger would be doubled if there were significant on-
street parking on Howard between St. Peter and Note Dame Ave. It should be noted that,with the reconfiguration of
the "Five Corners"—hallelujah—Howard is now part of the Howard-Corby connector,which has become a main east-
west thoroughfare in the northern portion of the city. Traffic can be heavy; having to creep forward in one's car
becomes more and more problematic.
Being in a car and trying to navigate this kind of situation is one thing; being on foot is another.The renovation of Kelly
Park,thanks to the generous and able direction of a small group of neighbors, is about to be completed. Even with the
renovation not completed, more kids were showing up this summer. Some come from the southeast along St Peter,
some come from Notre Dame Ave. We're sure
that this foot traffic will increase as the park takes its final shape. And
the safety of all of the pedestrians, especially the kids,should be a number-one priority.
One wonders,too,about the impact of on-street parking on bicyclists, primarily Notre Dame students and faculty and
neighborhood kids, riding along Howard. There are no bike lanes on Howard;on-street parking, especially on both sides
of the street will significantly squeeze them,especially on a main thoroughfare.
There are many other issues to comment on, but other members of the neighborhood have covered them very well. We
would want to take oneparting shot—
what becomes of the three-story property,with a residence on top,when the
potential owners sell and go elsewhere? Will new owners rent out the residential
space and
to whom?
Will they redo
the commercial portion of the
building into residences and rent
it out? Might it be to students,who have been the bane
of our neighborhood for a long time?
Thank you for your consideration and for the important work you do for the community.
Sincerely,
Donald and Barbara Sniegowski
3
Carolyn Henry
From: Liesbeth Cremers <liesbethcremers @hotmail.com>
Sent:
Monday, December 04, 2017 1:27 PM
To:
Carolyn Henry
Subject: Opposition to 806 Howard Street
December 4,2017
Dear Carolyn,
We are Martijn and Liesbeth Cremers we own and live at 914 N North Notre Dame Avenue. Our home is
located within 300 feet of the property commonly described as 806 Howard Street, and we would like to
express our opposition to the proposed expansion and change ofuse identified in a recently-filed zoning
petition. We ask that you please share our concerns with the Board ofZoning Appeals.
Upon receiving the"Notice to Adjacent Property Owners"we were shocked to see the number ofvariances
requested by Alliance Architects, wondering ifthe company plans to adhere to any of the requirements that are
currently in place. We are hopeful that their petitions will not be granted, since zoning laws exist for a reason.
And while we realize that the property is zoned for office use(which is unfortunate), this neighborhood is now
primarily residential. However, ifan office is to occupy 806 Howard Street,we would like to see these office
builders being held to even higher standards than home builders, since an office will create a lot more traffic,
with employees and clients using up a lot ofresidential parking spaces.
A few concerns:
1. 1."The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare."
Concern: The reduction in required parking spaces from 35 to 4 would mean that 31 cars may need to park in
the area streets.Not only will this reduce parking available for Kelly Park, it will reduce visibility of children
potentially crossing the street to use the Park or otherwise. This is definitely a public safety concern. It is also a
convenience concern, for it will be more difficult for those visiting homes in the neighborhood to find parking.
In addition,the community wants this to be a family friendly neighborhood, and an office does not fit that
standard.
2. z.The owner's petition says the added residential use is "compatible with surrounding land uses".
1
Concern: Mixed-use(i.e. office&residential)is not compatible with the neighborhood(there are none in the
neighborhood that we are aware of, until the Eddy commercial corridor). More importantly,non-primary
residence apartment units are not compatible with the neighborhood and have been actively opposed by NENC,
ND, and neighbors for years..It is not clear how the residential unit located above the office floors would be
used.As a place to stay for game weekends only? Why should there be height requirements for homes built in
the area,while Alliance Architects would be allowed to build way higher, creating a penthouse like dwelling
with a view of the Golden Dome?
3.
s."The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein."
Concern: Consider how a 10-15 feet taller structure at 806 Howard Street will make neighboring houses look in
comparison. Consider also the effect on the skyline of the neighborhood, as the building will become visible not
just to immediate neighbors, but to the entire surrounding area. It may be difficult to estimate how exactly this
office/home building would negatively affect area property values,but surely common sense tell us that
building one taller(office)structure in a residential area does not look good, and will not improve the value of
the neighboring properties.
4. a."The proposed use will be consistent with the character of the district in which it is located and the land uses
authorized therein."
Concern: Obviously, there are no other retailers or mixed-use or office/residential buildings in the immediate
neighborhood of 806 Howard, so how the proposed use will be consistent with the current character of the
district is baffling.
In short, ifan office/residential building must be constructed at 806 Howard Street, the architects and builders
should be required to strictly adhere to the current zoning laws, and not be permitted any variances, nor be
allowed to add residential use to the structure.
We thank you in advance for sharing our concerns with the Board.
Sincerely,
Liesbeth&Martijn Cremers
2
Carolyn Henry
From: Jim Farrington <jfarring@nd.edu>
Sent:
Monday, December 04, 2017 8:15 PM
To:
Carolyn Henry
Subject: Re:806 Howard Street Variance Petition
Revised to add my address.
On Mon, Dec 4, 2017 at 17:13 Jim Farrington<jfarrinanae nd.edu>wrote:
I am writing to object to the petition ofPandora Partners seeking various variances in respect of its property at
806 Howard Street.
I urge you to use the experience gained from last decade in the many wise and forward looking decisions that
the ABZA made to continue to enhance our neighborhood and not make a horrible situation worse.
The existing two story"office"property is a horrible eye sore in this terrific neighborhood. I realize this
property is already zoned for office use. However,that decision was made when this was a very different
neighborhood. I know what it was like decades ago when I frequented the local bars during my student days at
Notre Dame. The combined efforts of South Bend,NENC and ND have worked hard in the last 10 years or
more to transform this neighborhood of bars,barely habitable student housing, and abandoned properties into a
terrific neighborhood with homes valued at$
1 million or more that provide an increasing tax base to South
Bend.
Granting these variances would:
1) Allow the
building's height to increase by 61%(from 28.5' to about 46'), which would be more
than 30%above the height to which all current properties are subject;
2) Increase traffic along a busy throughfare where east-west traffic is not controlled by stop signs;
3) Continue and exacerbate a use without adequate off-street traffic; and
4) Continue and exacerbate a use that is already not consistent with the residential use of the
neighborhood.
These consequences would be injurious to the public safety, comfort, convenience and general welfare,
adversely affect the use and values of adjacent properties and not be consistent with the character of the district
in which this property is located.
Thank you.
Jim Farrington
1032 St. Peter St.
South Bend, IN 46617
Jim Farrington ( Adjunct Professor
University of Notre Dame I The Law School
Colleges of Business,Science &
Engineering ESTEEM Graduate Program
i
1190 Eck Hall of Law I Notre Dame, Indiana 46556
Cell: +1203-550-1683
jfarringQnd.edu
UNIVERSITY OF
NOTRE DAME
Jim Farrington I Adjunct Professor
University of Notre Dame Law School
ESTEEM Graduate Program ofthe Colleges ofBusiness, Science and Engineering
1190 Eck Hall of Law I Notre Dame, Indiana 46556
Cell: 203-550-1683
jfarring2nd.edu
2
Carolyn Henry
From: gia haigh <giaandjamey @gmail.com>
Sent:
Monday, December 04, 2017 7:51 PM
To:
Carolyn Henry
Subject:
ZZ Opposition to 806 Howard/Pandora expansion and change of use
Ms. Henry,
We write in opposition to the requests for variance made by the owners of the former Pandora building, located at 808
Howard.We would very much appreciate if you forwarded this letter to the Area Board of Zoning Appeals.
We own two properties adjacent to the former Pandora building:a single-family,owner-occupied residence at 925 N.
Notre Dame Ave, and (through the Sasman LLC)a parcel of property directly to the east of the building, on the corner of
ND Ave and Howard.We purchased our home at 925 N. Notre Dame 8 years ago and we purchased the corner lot about
a year ago, in order to fix up the lots and adjacent sidewalks and curbs and to ensure that it would someday be occupied
by a nice single-family,owner-occupied home in the character of the neighborhood.
We are happy that the investment fund has purchased the building and will fix it up commensurate it with its nice offices
in Boston, Chicago, and Eddy St. However,as the owner of two adjacent properties, we wanted to register our strong
objections to the proposed variances,with objections broken down by the special exception approval standards:
1. "
The proposed use will not be injurious to the public health,safety, comfort, community moral standards,
convenience or general welfare."
a.
The owner's petition says that on-street parking is sufficient for the 31-car variance,and that on-street
parking will "calm"traffic along Howard.With 7 children of our own,and numerous other children living
on ND Ave, who all use Kelly Park(located across St. Peter from the Pandora building), we disagree.We
believe that more parked cars will reduce parking available for Kelly Park and will reduce visibility of
children crossing the street to use the Park and to visit friends' houses in the neighborhood.The comfort
and convenience of the neighbors will be harmed by additional cars parking in front of houses, making
visitors have to park away from our houses.The parking situation is particularly significant as half the
parking along ND Ave was recently lost due to bike lanes.The addition of the top level residential unit
for an out-of-town Notre Dame donor will mean far more parking on game and event weekends,when
neighborhood parking is already particularly scarce.
b. The owner's petition says the added residential use is compatible with surrounding land uses. It is not.
Some residential use is compatible with the neighborhood, and some is not. For example, student
housing and apartments in the neighborhood have been actively opposed by NENC, ND, and neighbors
for years.Apartment/condo residences for Notre Dame donors like this owner have been limited to the
Eddy St corridor and the area east of the Notre Dame campus.There is"Office"of"Office/Residential"
use near this building.
2. "
The proposed use will not injure or adversely affect the use of the adjacent area or property values therein."
a.
The owner's petition says that property values will not be adversely affected because the owner will
improve the exterior appearance of the property.We disagree that fixing up the appearance of a
property justifies zoning variances, as that would justify zoning variances throughout our neighborhood
to the point where the exceptions trump the rules.The point is that the requested new"use"
residential) is inextricably tied to increasing the height of the property by about 18 feet,which will
adversely affect property values.Our view, and the view of neighbors (from everything we've heard), is
that as bad as the building looks currently,status quo is much preferable to the proposed use.
1
b. This structure is already too-large and out-of-place in the residential neighborhood and the scale dwarfs
neighboring houses.When people find out where I live they inevitable remark on the Pandora building,
and how out-of-place it is,and ask how it was allowed to be built in that neighborhood. It is an obvious
failure in zoning,though I understand the building was permitted over strong neighborhood objection in
the early 1990s in part based on the idea that a local bookstore would benefit a community of
professors and students and in part to resolve litigation against the city relating to another property. But
let's please not double-down on bad zoning variances to change a smaller bookstore into a much larger
mixed use building even more out-of-character with the neighborhood.
c.
A building 45-50 feet tall will affect the skyline of the neighborhood, as the building will become visible
over houses to neighbors who don't currently see the building.A collegiate gothic, mixed-use structure
visible throughout the neighborhood will adversely affect property values.
d. As proof that tall structures adjacent to homes adversely affect the values of the homes,consider that
the South Bend Code for residential houses specifies a maximum height of 35', and even then limits the
height to 2.5 stories, so that the height of the building is at the center of the property.With appropriate
setbacks required by zoning,the adverse effect on neighbors is minimized. Here,we have zero setback
from a neighbor, and a 45-50 structure. It will block the view of the sky from my kitchen and will block
the sky and sun from the backyard and rear of the future house on our property on the corner of
Howard and ND Ave.
e.
We've spoken to numerous people, including various friends and people with backgrounds in
architecture, as a check to determine whether our concerns are unfounded.The feedback from these
people—to a person—
has confirmed and strengthened our view of how detrimental the proposed
changes to the building and its use would be to the value of our house and our lot that will be occupied
by a house some day. We would not have paid what we paid for that lot if this propsed building were
built,because anyone would insist on a discount to purchase a house with a large mixed-use building
looming behind it.
3. "
The proposed use will be consistent with the character of the district in which it is located and the land uses
authorized therein."
a.
The owner's petition says that the proposed use (office and residential) is generally considered to be
less intensive than the current use (retail).This may be true generally, but not in our neighborhood. If
the current office building was proposed to be converted to apartments,the neighborhood objection be
extremely strong.We prefer office use to apartment/residential use.Student residences in the past,and
Notre Dame donor vacation/rental use now, have been strongly resisted in the neighborhood by NENC,
Notre Dame, and neighbors.
b. As noted above,thebuilding(zoned "Office")
is already completely out-of-character for the
neighborhood(no other parcels zoned "Office" much
less"Office and Residential" or"Mixed Use"), and
increasing its mass and changing its character to mixed use makes it even more inconsistent with the
neighborhood.To say this building is consistent with the neighborhood would be cited as precedent for
more buildings like this in our neighborhood.That would be exactly the wrong direction for our
neighborhood.
4. "
The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan."
a. The owner's petition says that proposed use is compatible with the Plan because it involves adaptive
reuse of an existing structure and includes residential above office space.The building property is
currently zoned office, so its use as office is consistent with that and is certainly fine.There is insufficient
off-street parking(per zoning rules)to add another story of office space. I'm not sure the adaptive use
2
referenced.The addition of residential is not adapting office to residential, it is adding an entire new
story.
b.
Not being an expert on the Plan, I briefly reviewed it and I saw nothing to suggest that a large mixed-use
building within our neighborhood is consistent with the Plan;those structures, and Notre Dame donor
apartments,are focused on commercial corridors like Eddy/23 and east of ND's campus.
Thanks very much for your consideration, and we look forward to discussing these issues further at the hearing on
Wednesday.
Jamey and Gia Haigh
925 N. Notre Dame Ave and 920 N. Notre Dame Ave.
3
0-/ q
Area Board of Zoning Appeals
C/O Ms Carolyn Henry
Dear Ms. Henry,
Our names are Geraldine Meehan and Cyril O'Regan and we live in, and own,the
property at 907 N. Notre Dame Avenue,which is located within 300 feet of 806
Howard Avenue. We are writing to express our opposition to the proposed
enlargement and change of use for the Howard Avenue property and our specific
opposition to the applications for zoning variances which will be reviewed at the
South Bend Area Board of Zoning Appeals on December 6, 2017. Please convey our
objections to the Board by providing them with this letter.
The reasons for our opposition are as follows and fall within the 4 legal standards of
the ABZA:
1. A.The proposed use will not be injurious to the public health, safety, comfort,
community, moral standards, convenience or general welfare.
The reduction in required parking from 35 to 4 is so excessive that it can only be
referred to as an extreme variance from the standard.
Without the 31 off-street
parking spots, street parking will be the only possibility. Reduced visibility will be a
safety concern as will the inevitable concerns about the potential behavior of any
number of strangers in a neighborhood where parents currently enjoy their young
childrenplaying outside
in a space close to
806 Howard Avenue. Parked cars will
also reduce the number of parking spots available for guests of ND Avenue
residents.
Residents in a neighborhood should not have to scramble for parking
spots for their visitors.
B. The owner's petition says that the added residential use is "compatible
with surrounding land uses"
This is clearly not the case. There is no mixed use buildings (residential and
office) adjacent to 806 Howard Avenue.
2. The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein
The suggested changes to 806 Howard Avenue will impact the number of people
interested in buying houses adjacent to it and by implication will decrease the
competitiveness of the home prices.
3.
The proposed use will be consistent with the character of the district in
which it is located and
the land uses authorized therein.
As there are no such mixed use buildings in the neighborhood, it is not consistent
with the use in the area.
4.
The proposed use is compatible with the recommendations of the City of
South Bend Comprehensive Plan
The proposed plan for 806 Howard is not consistent with plans for the area in
Howard Street and Notre Dame Avenue.
Thank you for taking our concerns to the Board
Yours faithfully
Geraldine Meehan &Cyril O'Regan
907 North Notre Dame Avenue
South Bend, IN 46617
Carolyn Henry
From: Robert Kossler <robkossler @alumni.nd.edu>
Sent:
Monday, December 04, 2017 10:13 PM
To:
Carolyn Henry
Subject:Petition for variances 806 Howard St
Dear Carolyn,
Our names are Rob and Catherine Kossler and we would like to convey to you our opposition to the requested
variances for the property at 806 Howard Street(we recently received the "Notice to Adjacent Property
Owners"related to this petition). We reside at 1020 N. Saint Peter Street which is within 300 feet of the
property. We ask that you please convey this email and our opposition to the petition to the attention of the
Area Board of Zoning Appeals.
Our primary objection relates to the increased size ofthe building. In particular,the proposed height increase is
not in character with this residential neighborhood and we believe it will negatively impact roperh values of
the surrounding residences. Specifically, we disagree that the petition meets the following standards
The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein
The proposed use will be consistent with the character of the district in which it is located and the land uses authorized
therein
Our secondary objection relates to the reliance on on-street parking. We believe that added traffic and parked
cars in the immediate vicinity will impact visibility at this corner and be a potential hazard to the neighborhood
children—
especially those taking advantage ofthe park located directly across the street. Thus, we disagree
that the petition meets the following standard
The proposed use will not be injurious to the public health, safety, comfort, community moral standards,
convenience or general welfare
Thank you for sharing our concerns with the board.
Sincerely,
Rob and Catherine Kossler
1020 N Saint Peter St, South Bend IN 46617
1
Carolyn Henry
From: Robert Bretz <rbretz @nd.edu>
Sent: Monday, December 04, 2017 4:21 PM
To: Carolyn Henry
Subject: Opposition to Expansion of former Pandora Bookstore Building
Dear Ms. Henry,
I am Bob Bretz. I live at 1029 N. Notre Dame Ave and recently became aware of the proposal to expand the size and
proposed uses of the former Pandora building. I am strongly opposed and ask that you convert my strongest possible
opposition to the zoning board and all others who will be involved in making the decision about the proposal.
The building is already inconsistent with the nature and purpose of the neighborhood. The proposed expansion would
serve to make it even more out of line with the neighborhood. This is a neighborhood that is specifically residential,
single family, and owner occupied. Any use beyond that does irreparable damage to both the neighborhood culture,
and to the property values of the other residents. I won't leave not have purchased a home here without the zoning
protections being in place. Mixed use buildings certainly have a place in but that place is not in a residential single
family,owner occupied neighborhood. Of particular concern to me, in addition to the proposed use,are the size of the
proposed building and the amount of on street parking that the neighborhood would have to absorb. The size and the
parking problems would cause significant problems for the current residents and would negatively affect our property
values.
Again, I am strongly opposed and ask that you make this known to all those involved in the decision making process.
Thank you,
Bob Bretz
1029 N. Notre Dame Ave
1
Carolyn Henry
From: Brian Levey <blevey@nd.edu>
Sent:
Monday, December 04, 2017 1:41 PM
To:
Carolyn Henry
Cc:
Alison Levey
Subject:Letter in opposition to proposed variances for 806 Howard Street
Attachments:
Levey letter re 806 Howard v6.pdf
Dear Ms. Henry:
We are writing to oppose the requested variances for 806 Howard Street. We request that you share
the enclosed letter with the South Bend Area Board of Zoning Appeals (ABZA).
Thank you,
Brian &Alison Levey
918 North Saint Peter Street
South Bend, IN 46617
Carolyn Henry
From: Jesse Barrett <jmjbarrett @gmail.com>
Sent: Monday, December 04, 2017 2:50 PM
To: Carolyn Henry
Subject: Proposed Expansion of Pandora's
Dear ABZA,
My name is Jesse Barrett. My family lives at 302 Peashway St., South Bend, IN 46617. We live in Harter
Heights,just down the street from Pandora's. I understand that there is a proposal to expand the building and
make it a multi-use office/residential building.
I strongly oppose this plan. Pandora's is already inconsistent with the residential neighborhood and is already
an eyesore. To make it larger would only increase the inconsistency. That area of Howard Street is not
commercial, it is residential, and virtually everything around it is residential. It would be ridiculous to take an
unattractive building that is out of character with the neighborhood and expand it. I strongly oppose this
proposed action.
Please convey this message to the Area Board of Zoning Appeals.
Sincerely,
Jesse Barrett
i
Carolyn Henry
From: Timothy Matovina <
Timothy.Matovina.l @nd.edu>
Sent:
Monday, December 04, 2017 1:09 PM
To: Carolyn Henry
Subject:Pandora Partners ABZA requests
Dear Ms. Henry,
We write with regard to the requests that the Area Board ofZoning Appeals is considering from Pandora
Partners and their property at 806 Howard Street in South Bend. We ask that you convey our views on this
matter to members of the Board.
We live at 1115 N Notre Dame Avenue. Our opposition to the Pandora Partners petitions are as follows:
1. The requested 31-car variance is not conducive to community use ofKelly Park,nor to general public safety.
When cars park on both sides of narrower streets like St.Peter St., it is difficult to see children who are crossing
the street between the vehicles. Having that many extra cars in the street-especially ifthey are for residents
who would live in the building and leave their vehicles outside overnight-will make the parking situation on
the streets around this property more congested and more hazardous than any other streets in the immediate
vicinity.
2. The scope of the proposed project is not consistent with the residential development in the neighborhood.
This property is not located on a commercial street,nor a street with office space. It is located on a residential
street. The city planning has already designated the Eddy Street corridor for those times ofdevelopments.
Residents agreed to this approach ofhaving offices and business establishments in that corridor, and leaving
other parts ofthe neighborhood residential.The requested use is inconsistent with that agreement and with the
character of land use in the neighborhood surrounding 806 Howard Street.
3. The proposed alteration to the property would almost certainly have a negative impact on property values,
especially those ofhomeowners immediately adjacentto theproperty. Adding anadditional storyto abuilding
already oversized for the neighborhood would make adjacent properties less attractive and valuable to nearly
any buyer we can imagine, and certainly to potential buyers with children.
Thank you for considering our views on this matter and passing them along to the Area Board ofZoning
Appeals. Ifyou or any ofthe Board members have further questions aboutourviews,please do not hesitate to
contact us.
Yours sincerely,
Timothy and Elida Matovina
1115 N Notre Dame Ave
South Bend, IN 46617
574)283-0737
i
T
r
University of Notre Dame
Institute for Educational Initiatives
December 5,2017
Dear Area Board ofZoning Appeals Members,
I am writing you this letter to express opposition to the variance being sought by Alliance
Architects,at the December 6 meeting of your Board, for the property located at 806
Howard St. in South Bend. I am a homeowner at 928 N.Notre Dame Ave, located within
300 feet of the property for which the seven variances are sought, as described in the
November 2017 letter to neighborhood residents from Ms. Carolyn Henry.
I understand that on certain matters(such as front porch setbacks)variances are
commonly sought and granted with little need for deliberation. However, what is sought
in this case is a radical departure from the neighborhood's zoning regulations. The plan
has significant negative impact on the neighborhood as to both general welfare(safety,
aesthetics, convenience) and property value. The plan is a laudable one for a different
location, but not at in character with the neighborhood. I will address these concerns in
more detail, but note them up front to claim the degree of variance in this case places a
heavy burden ofproof on the part ofthe petitioner, rather than on those opposing it,to
convincingly argue to the contrary. In this case the variances sought are so out of line
with zoning regulations as to call into question the very existence of such regulations
should a variance be warranted here.
Others have no doubt expressed the specific problems with the proposed variances in
more detail,so 1 will here note only three. First,the parking variance sought would entail
this property's absorption of a significantly disproportionate amount of street parking.
The fair sharing of street parking is presutnably why zoning regulations demand that
office spaces have adequate off street parking. Abandoning that zoning regulation in
such a radical manner would not only be an issue of fairness and inconvenience to local
homeowners(and their guests),
but also pose a threat to the safety ofthe literally dozens
ofchildren in the immediately surrounding houses who play on the park and field that
surround 806 Howard St.
Second,the height variance would significantly impact the aesthetics of the neighborhood
and therefore property value. Again it is worth reflecting on why such a zoning
regulation exists in this neighborhood in the first place. The reason for it surely relates to
fairness to all neighborhood property owners,aesthetics, and property value. A variance
on the height would impact all of these.
Third and finally, the proposal is not at all in line with the character of the neighborhood.
The plan entails a significantly more attractive building in its exterior, as well as an
exciting commitment to mixed use space that the City rightly supports in areas zoned for
Visitation Hall,Notre Dame, Indiana 46556
P: 574-631-4449 F: 574-631-2833 E: iei@nd.edund.edu W: littp://iei.nd.edu
it, such as Eddy St. But this neighborhood is not a mixed use neighborhood. Why have a
zoning regulation at all for residence, office or mixed use if one can simply obtain a
variance
to avoid the regulation? This development in the Northeast Neighborhood has
proceeded very deliberately in property use, including a requirement of residence. The
proposal not only defies the character of the neighborhood in adding mixed use space at
that location (rather than, say,Eddy St.), but also defies efforts to foster permanent
residence rather than periodic use for events such as Notre Dame football games. Space
is already zoned for this latter purpose at Eddy St.
There are other considerations that surely other residents have addressed. For instance,
while a variance from 8' to 5' on a property line could be a judgment that respects the
original intent of the zoning regulation, it is hard to see how the elimination ofthe east
setback to 0' could be said to honor that zoning regulation. Similarly,the elimination (by
half)ofADA-required disabled parking for no compelling reason other than the
requirement's inconvenience calls into question the very existence of the requirement.
Variances are a standard part of zoning regulations and rightly so since good judgment
sometimes indicates the legitimacy of a variance without sacrificing the integrity ofthe
area zoning regulations. I can see such a case being made for variances Two and part of
Three as described in Ms. Henry's letter(front yard setbacks to 10' at north and 20' at
west,and the south residential setback from 8' to 5'). But in all other variances sought I
see no way to establish how the proposed variances are anything other than such radical
departures from zoning regulations as to call into question very integrity of neighborhood
zoning.
Thank you for your consideration.
Sincerely,
William C. Mattison III
Associate Professor, Department of Theology
Senior Advisor: Theological Formation, Alliance for Catholic Education
University of Notre Dame
December 5,2017
Dear Ms Henry,
We, Ebrahim Moosa and Nisa Moosa,are residents of 1008 N.Saint Peter Street,South Bend IN.We live within 300
feet of the property for which seven variances are sought as the per your November letter to residents.
We write to express our opposition to the variances being sought by Alliance Architects at the 6 December meeting of
the Area Board Zoning Appeals.
While run of the mill variances are sought on a regular basis,the current variances will not only alter the character of
our neighborhood,affect property values but will overall negatively impact a residential area that has only recently
been significantly rehabilitated by the homeowners and a University of Notre Dame plan to upgrade the area.
There are technical matters related to the variances that other neighbors have expressed in detail and submitted to
your board and with we concur fully.
We request that you forward our objection to the Board on or before the 6 December meeting.
With best wishes,
Ebrahim&
Nisa Moosa
Carolyn Henry
From: Julie Peterson <juliepeterson99 @yahoo.com>
Sent:
Tuesday, December 05, 2017 12:06 PM
To:
Carolyn Henry
Subject: 806 Howard Street
12/5/17
Dear Carolyn,
We are Charles and Julie Peterson,vehemently oppose the variances requested at 806 Howard St. We are residing at
902 N.Saint Peter Street, living within 300 feet of the aforementioned property.We recently purchased our home
because of its location in a quiet residential area of single family homes.There is a newly redone Keller Park within easy
walking distance for our son to play basketball. Our understanding is that the variances requested, in the center of our
neighborhood,will drastically disrupt the character of this previously planned housing district.
The proposed on street parking will increase the traffic pattern,therefore, increasing the risk of accidents to
pedestrians. It will also increase the congestion of on street parking in front of our homes.
The building is already out of character for this neighborhood and with the additions of a proposed third story, office
space and a larger foot print, it will make it even more obstructive.Those changes would definitely decrease the value of
our properties.
Other than the zoning board meeting, there has been no other study or evaluation done by the neighborhood council,or
any other advance warning about these proposed changes.There have been major objections to this building's location
ever since its inception in 1991.These factors all violate our agreement with the vision that had previously been outlined
by Notre Dame,the NENC and the City of South Bend.With the purchase ofour house,we agreed to the more stringent
codes for building in our neighborhood than even the city ofSouth Bend requires.We needed to be approved by the
Notre Dame Council as second owners to this neighborhood, as a single family dwelling.All proposed changes to this
building are not consistent with the vision of our neighborhood.
For these reasons, and as well as other pertinent facts and concerns that our other neighbors have voiced,we
respectfully request that you vote no to these outlandish requests.
Sincerely,
Charles&Julie Peterson
902 N.Saint Peter Street
South Bend, IN 46617
1
Carolyn Henry
From: Rudy Reyes Jr. <rreyes@nd.edu>
Sent: Tuesday, December 05, 2017 3:21 PM
To: Carolyn Henry
Subject: RE: Petition from Alliance Architects on behalf of Pandora Partners
5.xiii.l7
Dear Ms. Henry,
Please accept this email as a formal expression of opposition to the petition currently on file with the Area Board of
Zoning Appeals by by Alliance Architects on behalf of Pandora Partners LLC, for variances on the property commonly
described as 806 Howard Street,South Bend, Indiana 46617.
1 am the property owner of 1014 North Saint Peter Street,South Bend, Indiana 46617, located within 300 feet of the
above named property.
I understand that opposition is wide in this case, but I feel it important to voice my concerns.
As I understand it,the Area Board of Zoning Appeals exists to ensure that use of various properties is consistent with
established norms and thoughtfully done.This is an important element of urban planning.
The current structure at the property in question stands out as
different.While recent
improvements—paint and
grounds cleanup—
have aided the appearance,the structure clearly pre-dates the enormous effort and investment that
has been put into the neighborhood.
The planned increase to the height of the building will adversely affect the rest of the property owners in the vicinity.
To be sure,such a move would severely impact the property values of those have made significant investment in
revitalizing what was admittedly a depressed area.
Additionally,the mixed use of the property, along with the addition of residential use and deletion of parking on-
property will add to an already congested and dangerous parking situation for the adjacent streets.
The requested variances are not in keeping with zoning of the area, nor is the intent behind them.The expansion of
Eddy Street Commons,as wellas
the current —only a fewblocks away—
presents plenty of opportunity for mixed-use.
This should not occur in an overwhelmingly residential district.
If the property owner would like to change from Office District to Residential District,this move would be welcomed by
me and I imagine many neighbors.At that time,the Residential District zoning requirements, including those of the
overlay should then apply.Any other move, up to and including the granting of these variances, would seem to
contribute to and augment what appears to be an errant building of a previous era.
I request that the Board consider why these zoning regulations exist:
to preserve public health,safety, comfort, community moral standards, convenience or general welfare;
to prevent injury or adverse effect to the adjacent property and values therein;
to ensure uses consistent with the character of the district in which the property is located and the land uses therein;
to ensure uses compatible with the recommendations of the City's comprehensive plan.
1
I have abided by the terms of the residential and overlay district in the construction of my home and investment in my
property because I felt the zoning regulations were sound. I request that the same observance be required by the owner
of the above property.
Thank you for your consideration.
Rudy Reyes Jr.
Rudy Reyes Jr.
Director of University Relations,Pacific Northwest
and Concurrent Faculty,First Year of Studies
PjU N I V E R S I T Y OF
NOTRE DAME
Eddy Street Commons at Notre Dame
1251 N.Eddy Street,Suite 300 1 South Bend,Indiana 46617-1403 U.S.A.
Office:574.631.0694 1 Associate:574.631.9945 1 Facsimile:574.631.8325
eM ail:rr
y a nd du 1 Twitter:therealNDRudy
1 Web:=p;nd edu
What Would You Fight For?:httn://fightingfor.nd.edu
Omnia disce videbis postea nihH essesuperfluum.
Hugonis de S.Victore
2
Car- lyn Henry
From: Jennifer D'Ambrosia <jdambros @nd.edu>
Sent: Tuesday, December 05, 2017 3:51 PM
To: Carolyn Henry
Subject: Area Board of Zoning Appeals: Old Pandora's
Dear Board Members,
I am writing to share my concerns and opposition to the proposed variances that the old "Pandora's" building at 806
Howard Street have requested. My name is Jennifer D'Ambrosia and I've been a resident of Notre Dame Ave for 15
years. I have seen the emence expansion of this area -with Eddy Street, the Triangle, the monstrosity of a building that
is Opus Day—Windmoor House (which was passed without any notice to the neighbors due to some high paid lawyers)
and now the continued construction of Eddy Street-Phase Two.
People are moving out of the neighborhood because it is becoming difficult to park in front of your own house because
of all the cars coming to Eddy Street. Whether to shop or work or go to a Bar/Restaurant; along with the residence in the
Foundry that find it easier and closer to park in front of your house than the parking garage, and also most likely they
don't have a spot in the garage. This problem is sure to only get worse now with the addition of phase two of Eddy
Street. So with that being said, I find it very disconcerting that you would even consider allowing a variance for reduced
off-street parking.As it is today, the area has a heightened level ofauto brakes-ins,so by allowing more cars to be along
the streets just invites more of that type of activity.And it certainly posses a safety and comfort hazard to the
homeowners around the said property.
I could continue with how unsettling it is to think about adding to the size ofa building that is already so out of place in
the neighborhood, and probably never should have been allowed to be built in that location in the first place. However, I
will just say that as a resident who grew up in Harter Heights, moved away for some 20 years and then returned to the
area, I was pleased to see the vast improvements that were made along Notre Dame Ave. and the adjoining streets.
Nevertheless, allowing this building to be added to and then decrease the amount of parking it needs to provide, will
take us
back a
decade to when
the
Ave.was not a
desirable place
to
live–a neighborhood.The neighborhood has come
such a long way from the time of rundown, rental houses and bad activity leading to the campus.You are reversing all
the positive improvement that have developed in the neighborhood if you allow these changes to be made to this
structure.
Thank you for your time,
Jennifer D'Ambrosia
1104 N. Notre Dame Ave.
574-234-2348
1
Carolyn Henry
From: Brian Mulhern <brian.p.mulhern @gmail.com>
Sent:
Tuesday, December 05, 2017 7:08 PM
To:
Carolyn Henry
Subject:806 Howard Street, South Bend
Dear Carolyn,
My name is Brian Mulhern and I am the owner of 726Corby Blvd (South Bend—
bear the intersection of Corby and St
Peter).
I am writing because I oppose the petition for 806 Howard Street and wanted to pass this on to the Area Board
of Zoning Appeals.
I believe that this proposal would be damaging to neighbors' property values and would be out-of-character with this
residential neighborhood. Please pass my opposition on the Area Board of Zoning Appeals.
Thankyou
Brian Mulhern
cell phone 917-445-3036
1
The Forteners
1006 N.Notre Dame Ave,South Bend,IN 466171 574-387-59871 fortened@hotmail.com
December 5,2017
Carolyn Henry
Secretary to the Board
Area Board of Zoning Appeals
125 S.Lafayette Boulevard,Suite 100
South Bend, IN 46617
pia email
Dear Carolyn,
We, Steven &Jennifer Fortener,own and live in the home at 1006 N.Notre Dame
Avenue which is located within 300 feet ofthe property commonly described as 806
Howard Street. We want to express our opposition to the zoning variances sought by
Alliance Architects on behalf of Pandora Partners for 806 Noward Street. We
respectfully ask that you convey our opposition to the Area Board of Zoning
Appeals("ABZA"). While there are many reasons we object to these variances,we
will frame our concerns within the legal standards the ABZA must hold true to grant the
requested variances as outlined below.
We,along with many homeowners in the immediate,area have children who frequent
Kelley Park which is adjacent-to 806 Howard Street. The requested parking variances
present a risk to the safety and comfort of the many neighborhood children and groups
from the Robinson Community Learning Center who enjoy the enhanced park amenities.
Allowing for the requested parking variances would significantly increase the number of
cars parked on the street reducing visibility for and of pedestrians. As a home that has a
consistent view of the traffic on Howard Street we do not see how a parking variance will
calm"traffic in any way. Additionally,allowing this building to potentially
monopolize street parking that residents and their guests also need to make use of is
certainly an inconvenience. The variance to reduce the number of ADA spaces should be
frowned upon as clearly injurious to public health,safety and comfort.
Second,to allow a"Dwelling Unit-Upper Level"is outside of the moral character ofthe
neighborhood. Our immediate neighborhood and community has been developed as an
area composed of full-time primary residents.
We are not aware of any mix-use office
and dwelling properties within the area,aside from those on Eddy Street,which were
developed for that express intent. Additionally,the development of new non-primary
resident apartment units are not compatible with the neighborhood and have been actively
opposed by the North East Neighborhood Council,the University of Notre Dame and
neighborhood residents.
Third,the building is already an out ol'place structure that sticks out like a sore thumb in
the neighborhood. To add a third story,making it an even taller,out of place structure
will certainly injure and adversely affect the use of andproperty values in adjacentareas.
The structure already takes up much ofthe lot due to variances granted when it was
initially constructed. To make it taller,thereby reducing the amount ofnatural light
available
to the surrounding homes and land is detrimental to their value.
Additionally,
an additional level on the building would reduce the amount of privacy afforded to
nearby homes,making them less desirable thereby impacting the value.
As it currently stands,the building is already completely out ofcharacter for our
resident ial nei ghborhood as the only stru cture zoned as"Office". To make it a larger,
more obtrusive mixed-use building makes it even more inconsistent with the district and
neighborhood. To allow such a tall,out of place mixed-use structure in the neighborhood
would set a dangerous precedent going forward.
The proposed variances in no way help this building or its land use complement the
surrounding parcels ofland,nor would the help the building integrate well with its
surroundings,both of which are requirements of section E ofthe City's Comprehensive
Plan.
The variances only make it a more obtrusive structure, in height and on land,all
around.
We have enjoyed seeing the neighborhood grow and expand into a community we are
proud to be a part of,however we cannot see how these proposed changes to 806 Howard
Street would be beneficial to our community or its development.
Thank you for your consideration and for passing our comments along to the Board.
Sincerely4N. ennif ortener
re Dame venue
Carolyn Henry
From: Jill Bodensteiner <jbodenst @nd.edu>
Sent: Tuesday, December 05, 2017 8:57 PM
To: Carolyn Henry
Cc: James Haigh;Tom Mustillo;Jill.R.Bodensteiner.2
Subject: Zoning Appeal --806 Howard Street
Dear Ms. Henry,
My name is Jill Bodensteiner, and I liveat 920 North St.Peter Street.Because my home is located within 300 feet ofthe property
located at 806 Howard Street,I received the Notice to Adjacent Property Owners regarding the petition for seven(7)variances to zoning
regulations filed by Pandora Partners LLC.Please forward this email detailing my opposition to such variances to the Area Board ofZoning
Appeals for consideration.
In light ofthe overwhelming concern expressed by my neighbors,I am certain that you have received several similar emails or letters.As
such,my comments will be briefand focused on two ofthe legal standards governing the work ofthe Area Board ofZoning Appeals.
Adverse Affect on Property Values in the Adjacent Area
There is simply no credible argument to be made that the addition of an upstairs dwelling unit(and nearly 15 feet)to the existing structure
and the reduction by 31 in the number ofoff-street parking spots will do anything other than adversely affect the property values in the
adjacent areas.The site lines,skyline and residential feel ofthe entire neighborhood will change.I can't imagine a potential buyer ofmy
bungalow home would want the structure two doors down to tower above their new home.The potential for 30+additional cars parking in
front ofour houses will also adversely affect the property value.Finally,any argument that the owner intends to improve the exterior
appearance is irrelevant;to my knowledge,there is no related variance in the current petition.
Consistent with the Character of the District
The area surrounding 806 Howard Street is residential with the exception of the structure in question.While already zoned for office use,the
addition ofsignificant height and creation ofa mixed use office/residential building will render the existing structure even more out of place
and will establish bad precedent for the future of the neighborhood.An argument that either phases ofthe Eddy Street Commons project
establishes 806 Howard as part ofan existing mixed use district is without merit;a tour of the area would quickly establish the different
character of our properties compared to Eddy Street Commons.
In sum,I strongly opposed the zoning variances sought by Pandora Partners LLC related to 806 Howard Street,and look forward to the
opportunity to share my views at the hearing.
I
Jill Bodensteiner
Senior Associate Athletics Director
Notre Dame Athletics
email:ibodenst _nd.edu
cell:(574)360-9792
office:(574)631-6721
i
4_ 1 December 5, 2017
Dear Ms. Henry,
Appeals. We are Dan&Kate KellPlease pass along our concerns to the Area Board of
Zoning App Y
of 1011 N.Notre Dame Avenue and are within 300 feet of 806 Howard Street. We are writing to
oppose the special exception and variances requested by Alliance Architects on behalf of
Pandora Partners, LLC.
The building's appearance, size,and use as a large office space are already out ofplace for this
residential neighborhood. The requested alterations would further separate this building from all
the others.
Taking a 2-story office
building andmaking it 3 stories—with a significant increase
in the height ofan already large and bulky building(from approximately 28.5 feet to 46 feet)—
not only would make a bigger and taller structure, but would harm the aesthetics ofthe
neighborhood and the property values ofthe surrounding homes. The expanded building size
would dwarf nearby homes; permanently alter the character and sight lines ofthe community;
and decrease access to sunlight for neighbors, while increasing noise and light pollution.
In addition,the variances requested with regard to parking would increase on-street congestion
and parking issues and decrease pedestrian and motorist safety. This is problematic because, at
present,Howard Street is incredibly busy and dangerous (with one neighbor describing it as the
Indy 500").
Many children, including our own,cross the street and walk by this building to
access Kelly Park. We have significant safety concerns that the parking and setback variances
would reduce sight lines, increase congestion, and make the walk to Kelly Park for children
unsafe. It may make an intersection without a stop sign(Howard &St. Peter's),where one of
our children and one ofus were nearly struck by a vehicle this summer, even more dangerous.
Neighbors seem uniform in opposing the proposed changes. Dozens ofhomeowners in the
immediate vicinity view it as a bad idea and are actively opposing it. In our view,efforts to
improve orchange the external appearance ofthis structure are laudable. But adding a 3`d floor
to an already oversized building, dramatically decreasing setbacks(including a setback of0' on
the east side), and creating additional parking and safety issues on an already busy street and at a
dangerous intersection are problematic and not in the best interests ofthe community.
The proposed changes do not appear to satisfy any ofthe standards for approval. The proposed
use would harm public health, safety, comfort,etc.;adversely affect adjacent areas and property
values; be inconsistent with the character ofthe district and the existing land uses;and be
incompatible with the City of South Bend's comprehensive plan,as well as the many efforts
by and on behalf ofhomeowners, both longstanding and new,to redevelop this area over the past
two decades. An even larger office building,with reduced setbacks and less off-street parking, is
not consistent with the interests of the neighborhood or the surrounding homeowners.
Thank you for your consideration.
Sincerely,
Katherine
O. Kelly&Daniel B.
Kelly
Carolyn Henry
From: Joseph Powers <powers @nd.edu>
Sent: Sunday, December 03, 2017 12:28 PM
To: Carolyn Henry
Cc: jhaigh @lck-law.com;tmustillo @gmail.com;Jo Broden
Subject: former Pandora's
Dear Ms. Henry,
I was given your name and email address by James Haigh. I write with regard to something to which he alerted me:a
proposed re-purposing of the old Pandora's bookstore building. I live nearby at 1026 N.St. Peter Street, having recently
built a new house and moved here in May 2016.
My understanding is the proposal is to significantly expand the Pandora's site to include new residential units in a new
floor. I oppose this. It is out of character with the neighborhood, and expands upon a bad decision made in the 1990s.
I placed a significant investment in a new home in a neighborhood with the expectation that it would remain a
neighborhood of single-
family dwellings. Part of the advantage of living in a city is that there are rules and expectations
that allow people to make informed decisions. I followed the rules when I built,and I expect my neighbors to do so as
well. The investors in the former Pandora's building knew the rules when they invested in it.
Please do not grant the variance.
Joseph M. Powers
1206 N.St. Peter Street
South Bend, Indiana 46617
1
Carolyn Henry
From: John McGreevy <John.T.McGreevy.5 @nd.edu>
Sent: Sunday, December 03, 2017 2:54 PM
To: Carolyn Henry
Subject:proposed zoning variance
Dear Ms. Henry,
We write in regard to the proposed zoning variance for the structure formerly known as the Pandora Books
building on the corner of St. Peter and Howard Avenue.
We have lived in the neighborhood at 1010 N. Notre Dame Avenue since 2002 and we are within three hundred
feet ofthe structure. We are, frankly, shocked by the proposal. The existing structure has always been out of
place with the character ofthe neighborhood. The recent development ofthe neighborhood with blocks of
single family homes has made this problem only more acute. Adding aresidential floor to the top ofthe
building only accentuates this problem, however enticing the proposition is to the building's owners. In
addition,parking for the building is insufficient even now and this problem will be exacerbatedby the request
to have virtually all of the parking on the street.
One ofus will be at the zoning meeting to express our objections in person. We have never protested a variance
in our time in South Bend and never anticipated doing so. But this proposal works against the efforts ofmany
over along period oftime to build amore coherent neighborhood . Wewishtoregister our opposition inthe
strongest terms and that you convey this note to the board.
Sincerely,
John McGreevy
Jean McManus
1010 N.Notre Dame Avenue
574-232-1153
John T. McGreevy
I.A. O'Shaughnessy Dean ofthe College ofArts and Letters and Professor ofHistory
University of Notre Dame
100 O'Shaughnessy Hall
Notre Dame, IN 46556
574)631-6642
American Jesuits and the World: Howan Embattled Religious Order Made Modern Catholicism Global
Princeton University Press,available May 2016)
httR:HRress.princeton.edu/titles/I0678.html
i
Carolyn Henry
From: Rita Schmid <schmidrita @gmail.com>
Sent:i
Sunday, December 03, 2017 9:31 PM
To: Carolyn Henry
Subject: Neighborly considerations for ABZA on 806 Howard St. petition
Dear Carolyn,
My name is Rita Schmid,and I live at 919 North Notre Dame Avenue.As our home is located within 300 feet ofthe property commonly
described as 806 Howard Street,I'd like to express our opposition to the proposed expansion and change ofuse identified in a recently-filed
zoning petition,and ifyou could pass these thoughts to the board for consideration,I would greatly appreciate your help..
While it came as a surprise that anyone would seek to expand and amplify such an example ofstructural incongruity in our neighborhood,I
thought it best to approach the matter through the frame of the City of South Bend's Comprehensive Plan(which I understand is a critical
factor in ABZA's recommendation as they assess a proposal's compatibility).Though it should be noted,I do concur wholeheartedly with my
adjacent neighbors,the Haighs and Mustillos,in their overall assessments and personal impressions.
In regard to Chapter 3:Land Use and Growth,Sections D and E ofthe City Plan,I disagree that the proposed changes support and abide by
the city's stated objectives.In section D,the plan states that mixed-use developments can"benefit a community by helping create a sense of
place"and"encourage the kind of pedestrian activity people enjoy about city life."
It goes on to say that"housing units on a building's upper floors provide population density,encouraging retail development on the ground
floor...attracting more people to the area;more pedestrian activity helps create street life,an essential element of urban living."
While these points may not contradict the proposal's validity,they certainly don't support it either.These benefits are already well in place for
our neighborhood thanks to many key factors,including the support of Notre Dame,the positive(and well-deliberated)development plans
along Eddy Street,the city of South Bend,and our wonderful community of neighbors.
Section E of the City's Comprehensive Plan on ensuring land compatibility,however,seems to express guidelines that this petition does not
comply with.
It states:
Ensuring compatibility ofland uses helps maintain the quality oflife ofa community.Since a land use decision on any individualparcel will
affect surrounding parcels ofland,sound decisions have to be made to ensure that different land uses complement each other and create the
best urbanform...City government,land use eeperts,andthegeneral public recognize that nenv developments treed to integrate well with
their surroundings.
This is achievedbyfollowing aplan,incorporating characteristics ofthesurrounding area into the development,and establishing
appropriate buffers,for example,green space and less intensive uses, to reduce land htse conflicts."
This building already does not integrate well into its surroundings.Adding 18 tect to the height and widening its allowable structural
presence will certainly not help it to do so.
Thank you for your consideration,and we look forward to discussing the matter further on December 6.
Sincerely,
Rita Schmid and Adam Rebolloso
919 North Notre Dame Avenue
South Bend,IN 46617
1
NNRONortheast Neighborhood Revitalization Organization
803 Lincoln Way West * South Bcnd. Indiana 46616 * Phone: 574-259-1066 * Fax: >74-289-4550
December1, 2017
V
South Bend-St.Joseph County Area Board of Zoning Appeals(ABZA)
125 S. Lafayette Blvd. • Suite 100
South Bend, Indiana 46601
RE:806 Howard Street Variance Request for December 6, 2017 ABZA Agenda
Dear Area Board of Zoning Appeals:
The purpose of this letter is to inform you that several members of the Northeast Neighborhood
Revitalization Organization (NNRO)are aware of and have briefly discussed the proposal to expand the
building located at 806 Howard St. in the Northeast Neighborhood. However,the full board of the
NNRO has not reviewed the request. Moreover,the NNRO does not meet until December 13 wherein
the full board intends to address the proposal.Therefore, at this time the NNRO is not in support or
opposition to the petitioner's request.
Please know that the NNRO recognizes this is a critical matter for the neighborhood as the building has
been a longstanding problem property. It is important to note that in partnership with the City of South
Bend, Northeast Neighborhood residents and funding partners (South Bend Clinic,The University of
Notre Dame, Beacon Health System,St.Joseph Regional Medical Center),the NNRO has directly
facilitated roughly 30 million in housing production value in neighborhood since 2003.The NNRO has
been very active in all aspects of development in the neighborhood and works to achieve the best
possible outcomes.
Please know that NNRO representatives will be in attendance at December 6 ABZA meeting regarding
this matter.On behalf of the NNRO Board of Directors,we look forward to a decision regarding this
request soon. If you have questions, please contact me directly.Thank you.
Sincerely,
J
Marco Mariani
NNRO Authorized Representative
CC: NNRO
Building Dept.
APC
THE PERRET GROUP, L.L.C.
A PRIVATE HOLDING COMPANY
December 6,2017
Area Board of Zoning Appeals
C/O Ms. Carolyn Henry
chenry @southbendin.gov
Dear Area Board of Zoning Appeals Members,
My name is Hunter Perret. I own the property located at 1004 North St. Peter Street, 1005
North Notre Dame Avenue,and 1003 North Notre Dame Avenue, South Bend, Indiana. I
would like to express my opposition to the expansion and proposed variances being sought
by Alliance Architects for the property located at 806 Howard Street. The subject property
is located within 50 feet of my property and I would greatly appreciate my opinion being
considered by the board.
Please let me know what I need to do further to express my great opposition to these
proposed development variances.
Respectfully,
i
H Perret
501 WEST SAINT MARYBO ULEVARD, SU ITE 210 •LAF AYETTE, LA 70506•33 7.2 3 3.1114(TE LEPHO NE)•337.456.5474(FACS IMILE)
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
574)235-9554
FAX: (574)235-5541
December 7,2017
The Honorable Common Council South Bend
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
Pandora Partners, LLC
12/06/17
Dear Council Members:
The above referenced petition ofPandora Partners,LLCwas legally advertised on November 16, 2017. The Area
Board ofZoning Appeals gave it a public hearing on December 6, 2017, at which time the following action
was taken:
Upon a motion by Mr. Urbanski, being seconded by Ms. Schuth and by a favorable vote of4-1,the
petition for Special Exception to allow a"
Dwelling Unit"—Upper Level in an"0"Office District, located
at 806 Howard St., Portage Township,zoned"0"Office is sent to the Common Council with a Favorable
Recommendation.
The deliberations ofthe Area Board of Zoning Appeals and points considered in arriving at the above decision
as shown inthe Minutes ofthe Public Hearing, and will be forwarded to you at a later date,to be made part of
this report.
Sincerely,
Charles C. Bulot, C.B.O. Building
Commissioner
CCB/cah
PETITION
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
AREA BOARD OF ZONING APPEALS
Pandora Partners, Inc
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:
The accessory residential use should have no impact on the 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:
Because the site has been used as an office for many years,the proposed addition of the residential use
should not impact surrounding property values.
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:
This Special Exception Use for the upper level dwelling unit is consistent with the 0 Office District and the
surrounding neighborhood in which it will be located.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND COMPREHENSIVE PLAN BECAUSE:
City Plan, South Bend Comprehensive Plan(November 2006) identifies this area as Medium Density Residential.
CONDITIONS OR REVISIONS:
Click here to enter text.
DECISION
IT IS THEREFORE the decision ofthe Board that this request for Special Exception shall be passed onto the City of
South Bend Common Council with a FAVORABLE RECOMMENDATION
ADOPTED this 6th Day ofDecember,2017
MOTION SECOND RECUSED ABSENT YES NO
N MICHAEL URBANSKI
N RANDALL MATTHYS
N N KATHY SCHUTH
N JOHN LESZCZYNSKI
N JACK YOUNG
N ROBERT HAWLEY
p N BRENDAN CRUMLISH